20041036 Ver 1_COMPLETE FILE_20040625

?OF WA
O TF9QG
r
o c
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E.,Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
Mr. Mark Brambell
St. James Development Co., LLC
PO box 10879
Southport, NC 28461
Dear Mr. Brambell:
October 5, 2004 @ L9 a dLP D
D
O C T 1 1 2004
DEhR - WATER QUALITY
MTIA''OS AND STORMATER BRANCH
SUBJECT: Approval of 401 Water Quality Certification
and Additional Conditions
The Reserve at St. James Plantation
DWQ Project # 041036
Brunswick County
You have our approval, in accordance with the attached conditions (WQC #3404), to do the following
activity on St. James Development's property located at The Reserve in St. James Plantation in St. James,
Brunswick County. This approval allows you to:
Fill 0.2 acres of riparian wetlands for the purpose of constructing two road crossings with culverts
to provide access to a residential subdivision.
This approval is only valid for the purpose and design that you described in you Pre-Construction
Notification (PCN) application received by the Division of Water Quality (DWQ) on June 25, 2004, and
requested additional information received on August 16, 2004. After reviewing your application, we have
determined that General Water Quality Certification Number 3404 covers this activity. This Certification
can. also be found on line at: http:/ih2o.enr.state.nc.us/ncwetlands/certs.htmi. This Certification (#3404)
allows you to use your 404 Permit when the Corps of Engineers issues it. Please keep in mind that there
may be additional Federal, State or Local regulations applicable to your project, such as (but not limited
to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations, NPDES
Stormwater and Coastal Stormwater. In addition, this approval will expire when the accompanying
404 Permit expires unless otherwise specified in the General Certification.
Please be aware that if you change or modify your project, you must notify the Division
(DWQ) in writing 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
and the additional conditions listed on the following page.
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] One
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper NorthCarolina
)Vaturallif
St. James Development Co., LLC
DWQ Project #041036
October 4, 2004
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions are met. No other impacts are approved including incidental impacts:
Amount Approved
Units Plan Location or Reference
Riparian 404 Wetlands 0.2 (acres) Road Crossing 1 & 2
2. Compensatory Mitigation
Mitigation must be provided for the proposed impacts as specified in the table below. The
compensatory mitigation plan must be completely constructed and implemented according to the
plans approved by this Office before any permanent road associated with the project is opened.
The mitigation must be maintained according to the approved plan and permanently protected by
the use of conservation easements or similar protections. Any repairs or adjustments to the
mitigation site must be made according to the approved plan or must receive written approval
from this Office to make the repairs or adjustments. Annual monitoring of the mitigation area
must be performed for three years and summary reports must be submitted to DWQ by June 1 of
each year following completion of the mitigation:
Compensatory Credit Mitigation Required
Riparian 404
Wetlands 0.8 (acres)
Erosion and sediment control practices must be in full compliance with all specifications;
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most recent
version of the North Carolina Sediment and Erosion Control Manual. The devices shall be
maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
4. Culvert Installation
The culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered. Existing stream dimensions (including the cross section dimensions,
pattern, and longitudinal profile) are to be maintained above and below locations of each culvert.
The culverts shall be designed and installed to allow for aquatic life movement as well as to prevent
head cutting of the streams. If any of the existing pipes are or become perched, the appropriate
stream grade shall be re-established or, if the pipes installed in a perched manner, the pipes shall be
removed and re-installed correctly.
St. James Development Co., LLC
DWQ Project #041036
October 4, 2004
3
The culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the
stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section
dimensions, pattern and longitudinal profile) are to be maintained above and below locations of
each culvert.
The establishment of native; woody vegetation and other soft stream bank stabilization techniques
must be used where practicable instead of rip rap or other bank hardening methods; If rip-rap is
necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of
Water Quality.
Installation of culverts in wetlands must ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions.
Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the §401 Certification has been
completed. The responsible party shall complete the attached form and return it to the
401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please
send photographs upstream and downstream of each culvert site to document correct installation
along with. the Certificate of Completion form.
5. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts'depicted in the Preconstruction Notice Application. All construction
activities, Including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards,, statutes, or rules occur.
6. Conservation easements or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters, and streams on the adjacent property in order prevent future wetland and water
impacts. These mechanisms shall be put in place within 90 days of issuance of this Authorization
Certificate and a copy must be submitted to this office.
Please notify the Wilmington Regional Office at [phone]) if any problem arises during the
construction of the project that may affect water quality.
Please read the attached conditions. 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 conforming to Chapter 150B of the North
Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the DWQ Permit # 041036. If you have any questions, please
telephone Noelle Lutheran at 910-395-3900.
Sincerely,

Alan W. Klimek, P.E.
Director, Division of Water Quality
St. James Development Co., LLC
DWQ Project #041036
October 4, 2004
Attachments: WQC # 3404
Certificate of Completion
cc: Tom Farrell - Corps of Engineers Wilmington Field Office
Cyndi Karoly - 401/Wetland Unit, Central Office
Noelle Lutheran - WiRO
Steve Morrison - Land Management Group
WQC #3404
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
NATIONWIDE PERMIT NUMBER 14 (ROAD CROSSINGS) AND REGIONAL GENERAL
PERMIT 198200031 (WORK ASSOCIATED WITH BRIDGE CONSTRUCTION, MAINTENANCE
OR REPAIR CONDUCTED BY NCDOT OR OTHER GOVERNMENT AGENCIES)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with the requirements of Section 401,
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for
the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not
a part of the surface tributary system to interstate waters or navigable waters of the United States
(i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (14) of the Corps of
Engineers regulations (Nationwide Permit No. 14 and Regional General Permit 198200031) and
for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. The category of
activities shall include any fill activity for road crossings and is limited to fill less than one-third
acre in tidal waters and less than one-half acre in non-tidal waters. This Certification replaces
Water Quality Certification Number 2177 issued on November 5, 1987, Water Quality Certification
Number 2666 issued on January 21, 1992, Water Quality Certification Number 2732 issued on
May 1, 1992, Water Quality Certification Number 3103 issued on February 11, 1997, Water
Quality Certification Number 3289 issued on June 1, 2000 and Water Quality Certification
Number 3375 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-
authorizes Nationwide Permit 14 or Regional General Permit 198200031 or when deemed
appropriate.by the Director of DWQ.
P
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification: '
1. Enumerating and Reporting of Impacts:
Streams - Impacts to streams as determined by the Division of Water Quality shall be
measured as length of the centerline of the normal flow channel. Permanent and/or
temporary stream impacts shall be enumerated on the entire project for all impacts
regardless of which 404 Nationwide Permits are used. Stream relocations and stream
bed and/or bank hardening are considered to be permanent stream impacts. Any
activity that results in a loss of use of stream functions including but not limited to
filling, relocating, flooding, dredging and complete shading shall be considered
stream impacts. Enumeration of impacts to streams shall include streams enclosed
'by bottomless culverts, bottomless arches or other spanning structures when a 404
Permit is used anywhere in a project unless the entire structure (including
construction impacts) spans the entire bed and both banks of the stream, is only
used for a road, driveway or path crossing, and is not mitered to follow the stream
pattern. Impacts for dam footprints and flooding will count toward the threshold for
stream impacts, but flooding upstream of the dam will not (as long as no filling,
excavation, relocation or other modification of the existing stream dimension, pattern
or profile occurs) count towards mitigation requirements.
Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall
be measured as area. Permanent and/or temporary wetland impacts shall be
enumerated on the entire project for all impacts regardless of which 404 Nationwide
Permits are used. Any activity that results in a loss of use of wetland functions
including but not limited to filling, draining, and flooding shall be considered wetland
impacts. Enumeration of impacts to wetlands shall include activities that change the
hydrology of a wetland when a 404 Permit is used anywhere in a project.
WQC #3404
• Lakes and Ponds - Lake and Pond Impacts Enumeration- Impacts to waters other
than streams and wetlands as determined by the Division of Water Quality shall be
measured as area. Permanent and/or temporary water impacts shall be enumerated
on the entire project for all impacts proposed regardless of which 404 Nationwide
Permits are used. Any activity that results in a loss of use of aquatic functions
including but not limited to filling and dredging shall be considered waters impacts;
2. Proposed fill or substantial modification of wetlands or waters (including streams) under
this General Certification requires application to and prior written concurrence from the
Division of Water Quality;
3. Application to and payment of a fee to DWQ is not required for construction of a driveway
to a single family lot as long as the driveway impacts less than 25 feet of stream channel
including any in-stream stabilization needed for the crossing;
4. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or
any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at
the time of application) requires written concurrence for this Certification from DWQ in
accordance with 15A NCAC 213.0200. Activities listed as "exempt" from these rules do not
need to apply for written concurrence under this Certification. New development activities
located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not)
within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within
and constructed in accordance with 15A NCAC 2B .0200. All new development shall be
located, designed, constructed, and maintained to have minimal disturbance to protect
water' quality to the maximum extent practicable through the use of best management
practices;
Irrespective of other application thresholds in this General Certification, all impacts to
perennial waters and their associated buffers require written approval from DWQ since `
such impacts are allowable as provided in 15A NCAC 2B. 0212 (WS-1), 2B .0213 (WS-II),
2B .0214 (WS-III) and 2B .0215 (WS-IV). Only water dependent activities, public projects
and structures with diminimus increases in impervious surfaces will be allowed as outlined
in those rules. All other activities require a variance from the delegated local government
and/or the NC Environmental Management Commission before the 401 Water Quality
Certification can be processed. In addition, a 30 foot wide vegetative buffer for low
density development or a 100 foot wide vegetative buffer for high density development
must be maintained adjacent to all perennial waters except for allowances as provided
under the Water Supply Watershed Protection Rules. For the purposes of this condition,
perennial waters are defined as those shown as perennial waters on the most recent
USGS 1:24,000 topographic map or as otherwise determined by local government
studies;
6. Additional site-specific stormwater management requirements may be added to this
Certification at DWQ's discretion on a case by case basis for projects that have or are
anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater
management shall be designed to remove 85% TSS according to the latest version of
DWQ's Stormwater Best Management Practices manual at a minimum.
Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as
watersheds that are classified as nutrient sensitive waters (NSW), water supply waters
(WS); trout waters (Tr), high quality waters (HQW), and outstanding resource waters
(ORW), the Division shall require that extended detention wetlands, bio-retention areas,
and ponds followed by forested filter strips (designed according to latest version of the NC
DENR Stormwater Best Management Practices Manual) be constructed as part of the
stormwater management plan when a site-specific stormwater management plan is
required.
WQC #3404
Alternative designs may be requested by the applicant and will be reviewed on a case-by-
case basis by the Division of Water Quality.
Approval of stormwater management plans by the Division of Water Quality's other
existing state stormwater programs including appropriate local programs are sufficient to
satisfy this Condition aS long as the stormwater management plans meet or exceed the
design requirements specified in this condition. This condition applies unless more
stringent requirements are in effect from other state water quality programs.
• Unless specified otherwise in the approval letter, the final, written stormwater
management plan shall be approved in writing by the Division of Water Quality's
Wetlands Unit before the impacts specified in this Certification occur.
• The facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality.
• Also, before any permanent building or other structure is occupied at the subject site,
the facilities (as approved by the Wetlands Unit) shall be constructed and operational,
and the stormwater management plan (as approved by the Wetlands Unit) shall be
implemented.
• The structural stormwater practices as approved by the Wetlands Unit as well as
drainage patterns must be maintained in perpetuity.
• No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.
7. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but
also intermittent stream impacts that require application to DWQ in watersheds classified
as ORW, HQW, Tr, WS-I and WS-II unless the project is a linear, publicly-funded
transportation project, which has a 150-foot per-stream impact allowance;
8. In accordance with North Carolina General Statute Section 143-215.3D(e), any
application for a 401 Water Quality Certification must include the appropriate fee.
If a project also requires a CAMA Permit, one payment to both agencies shall be
submitted through the Division of Coastal Management and will be the higher of the two
fees;
9. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for
impacts to 150 linear feet or more of streams and/or one acre or more of wetlands. For
linear public transportation projects, impacts equal to or exceeding 150 feet per stream
may require mitigation. In addition, buffer mitigation may be required for any project with
Buffer Rules in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer
Rules or require a variance under the Buffer Rules. A determination of buffer, wetland
and stream mitigation requirements shall be made for any Certification for this Nationwide
Permit. The most current design and monitoring protocols from DWQ shall be followed
and written plans submitted for DWQ approval as required in those protocols. When
compensatory mitigation is required for a project, the mitigation plans must be approved
by DWQ in writing before the impacts approved by the Certification occur, unless
otherwise specified in the approval letter. The mitigation plan must be implemented and/or
constructed before any permanent building or structure on site is occupied. In the case
or -public road projects, the mitigation plan must be implemented before the road is
opened to the travelling public. Projects may also be implemented once payment is made
to a private mitigation bank or other in-lieu fee program, as specified in the written
concurrence of 401 Certification for a project. Please note that if a stream relocation is
conducted as a stream restoration as defined in The Internal Technical Guide for Stream
Work in North Carolina , April 2001, the restored length can be used as compensatory
mitigation for the impacts resulting from the relocation;
WQC #3404
10. For any project involving re-alignment of streams, a stream relocation plan must be
included with the 401 application for written DWQ approval. Relocated stream designs
should include the same dimensions, patterns and profiles as the existing channel, to the.
maximum extent practical. The new channel should be constructed in the dry and water
shall not be turned into the new channel until the banks are stabilized. Vegetation used for
bank stabilization shall be limited to native woody species, and should include
establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on
both sides of the relocated channel to the maximum extent practical. A transitional phase
incorporating coir fiber and seedling establishment is allowable. Also, rip-rap may be
allowed if it is necessary to maintain the physical integrity of the stream, but the applicant
must provide written justification and any calculations used to determine the extent of rip-
rap coverage requested. If suitable stream mitigation is not practical on-site, then stream
impact will need to be mitigated elsewhere;
11. Placement of culverts and other structures in waters, streams, and wetlands must be
placed below the elevation of the streambed to allow low flow passage of water and
aquatic life unless it can be shown to DWQ that providing passage would be impractical.
Design and placement of culverts including open bottom or bottomless arch culverts and
other structures including temporary erosion control measures shall not be conducted in a
manner that may result in aggradation, degradation or significant changes in hydrology of
wetlands or stream beds or banks, adjacent to or upstream and down stream of the above
structures. The applicant is required to provide evidence that the equilibrium shall be
maintained if requested to do so in writing by DWQ. Additionally, when roadways,
causeways or other fill projects are constructed across FEMA-designated floodways or
wetlands, openings such as culverts or bridges must be provided to maintain the natural
hydrology of the system as well as prevent constriction of the floodway that may result in
aggradation, degradation or significant changes in hydrology of streams or wetlands;
12. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" whichever is
more appropriate (available from the Division of Land Resources (DLR) in the DENR
Regional or Central Offices) shall be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management.
Practices in order to assure compliance with the appropriate turbidity water quality
standard;
13. All sediment and erosion control measures placed in wetlands and waters shall be
removed and the original grade restored within two months after the Division of Land
Resources has released the project;
14. That additional site-specific conditions may be added to projects proposed under this
Certification in order to ensure compliance with all applicable water quality and effluent
standards;
15. Measures shall be taken to prevent live or fresh concrete from coming into contact with
freshwaters of the state until the concrete has hardened;
16. If an environmental document is required, this Certification is not valid until a Finding of --?-
No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
17. If this Certification is used to access building sites, all lots owned by the applicant must be
buildable without additional fill beyond that explicitly allowed under other General
WQC #3404
Certifications. For road construction purposes, this Certification shall only be utilized from
natural high ground to natural high ground;
18. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed;
19. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the
expiration date of the corresponding Nationwide Permit 14 or Regional General Permit
198200031, whichever is sooner.
Non=compliance with or violation of the conditions herein set forth by a specific fill project
may result in revocation of this Certification for the project and may also result in criminal and/or
civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for Individual Certification for any project in this category of activity that
requires written concurrence under this certification, if it is determined that the project is likely to
have a significant adverse effect upon water quality or degrade the waters so that existing uses of
the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification' decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 2003
DIVISION OF WATER QUALITY
By
Alan W. Klimek, P.E.
Director
WQC # 3404
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent
modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water
Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the applicant, the
applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
hereby state that, to the best of my abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and intent of
the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and intent of
the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
as a duly registered Professional Engineer in the State of North Carolina,
having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Permittee hereby state
that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction
was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature
Date
Mail to: 401 Wetlands Contact
NC Dept. of Environment and Natural Resources
127 Cardnal Drive Ext.
Wilmington, NC 28405-2004
Registration No.
MEMORANDUM
TO: John Dorney Regional Contact: Noelle Lutheran
Non-Discharge Branch WQ Supervisor: Rick Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name The Reserve c/o St. James Development County Brunswick
Project Number 04 1036 County2
Recvd From APP Region Wilmington
Received Date 6/25/04 Recvd By Region
Project Type access road
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
14 stream PT- NN 18-88- --1-( SC SwHQW 30,617. 0.20 120.00
??- P Y 0N ?f ?Ir-F_ F_
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y O N
Is Mitigation required? ©Q Y O N
Provided by Region: Latitude (ddmmss) 335702
Recommendation: Q Issue 0 Issue/Cond O Deny
Longitude (ddmmss) 730525
Comments:
This eject has been placed on hold for additional information on 08/06/2004 NL
cc: Regional Office
Central Office Page Number 1
Michael F. Easley, Governor
August 6, 2004
CERTIFIED MAIL: 7003 0500 0004 8598 2052
RETURN RECEIPT REQUESTED
Mr. Mark Brambell
St. James Development Co., LLC
PO Box 10879
Southport, NC 28461
ff
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
WETLANDS/ 401 GROUP
AUG 1 1 2004
WATER QUALITY SECTION
SUBJECT: PROJECT ON HOLD FOR
ADDITIONAL INFORMATION
The Reserve at St. James Plantation
DWQ Project # 04-1036
Brunswick County
Dear Mr. Brambell:
This Office has reviewed your CAMA Major application and is placing your project on hold until
we receive the following additional information:
AF®m®
MCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
1. Please provide a site plan showing all of the lots and the location of the wetlands in order to
demonstrate that all lots are buildable without additional wetland fill;
2. Please provide a cross-section of the wetland mitigation areas with proposed elevations
Please respond within three weeks of the date of this letter by sending a copy of the information
to Noelle Lutheran and to Cyndi Karoly, 401 Wetlands Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-
226, her phone number is [phone]. If we do not.hear from you within three weeks, we will
assume that you no longer want to pursue this project and we will consider the project as withdrawn. If
you have any questions, please feel free to call me at [phone].
Sincerely,
?Y
Noelle Lutheran
Environmerital Specialist III
cc: Steve Morrison - Land Management Group
Cyndi Karoly -401 Wetlands Group
Mickey Sugg - Corps of Engineers Wilmington
Danny Smith 401 Wetlands Group
WiRO
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
512 N. Salisbury St., Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet:: h2o.enr.state.nc.us
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
North Carolina
Aaturully
MEMORANDUM
TO: John Dorney Regional Contact: Noelle Lutheran
Non-Discharge Branch WQ Supervisor: Birk Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name The Reserve c/o St. James Development
Project Number 04 1036
Recvd From APP
Received Date 6/25/04 Recvd By Region
Project Type access road
County Brunswick
County2
Region Wilmington
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
14 stream PT _&N F- 18-88-9-1-( sc s ,HQNv 30,617. 0.20 120.00
O Y O _NF_ F-F__F__ F__ F_
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y O N Did you request more info? Q Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? oQ Y O N
Is Mitigation required? ©Q Y Q N Recommendation: Q Issue @ Issue/fond O Deny
Provided by Region: Latitude (ddmmss) 335702 Longitude (ddmmss) 780525
Comments:
This project has been placed on hold for additional information on 08/06/2004 NL
cc: Regional Office
Central Office Page Number 1
?7E?'? e/2??C!/IZCI,(G?P/l!Lf'ill?i ???LGfL? e?'1Lr.
?P7,n/llfito?t/lltti12?CL? ?i0?1G(/?
gust 611&c ax 2522
?fi?min?f4n, ?lott/i ??ruo(Lna 28402,
3? 990-452-C009
?I
9?okit? .ifloul yule 14
612 31/04 ?crsn r?iircf 6/? rcuk
??: y?J, . (GK?iaosc L 4 31 f 0 3 3805 %(ii?/aLs+Mlle .FAcnue
<<?n, ./t? Q;40J
.S WETLANDS 1401 GROUP
John Dorney JUN 2 5 2004
Division of Water Quality
Wetlands/401 Unit WATER QUALITY SECTION
1621 Mail Service Center
Raleigh, N.C. 27699-1621
Re: 401 Water Quality Certification request, The Reserve, St. James Development
Co., LLC, Brunswick County
Dear John,
I have enclosed seven (7) copies of the application materials for a 401 0VIater Quality
Certification to authorize the construction of two read crossings for The P?Lserve at St.
James Plantation (formerly known as the Paladin Tract) on behalf of St. James
Development Co., LLC. We had originally submitted an Individual Permit application to
your office and the Corps with the intention of using the NICAVRP for mitigation. The
Individual Permit format was requested by the Corps at that time. However, following
comments from the other federal agencies and the public, the Corps decided to issue
authorization for the project in the form of a ?`nationwide l4 Permit (Action ID
200200248, copy attached). We later were intormed that riparian wetland credits through
the WRP were not available for this project location. We then placed our 401 application
processing on hold while mitigation options were assessed in conjunction with the
planned development. We now are prepared to offer mitigation in the form of .884 acres
of riparian wetland creation within 1500' of the tvvo road crossings on site. The total
wetland impact area for the road crossings is .02 acres. The proposed wetland mitigation
is described within the application materials enclosed.
Since the original application submittal was over two years ago, we understand that we
must submit a new 401 Certification fee. A check for $200 is enclosed.
Please contact me with any questions that you may have regarding this submittal. Thant:
you for your assistance.
P4y4J&V T
RECEIVED

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, 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 't THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 1 2. FIELD OFFICE CODE 1 3. DATE RECEIVED 14. DATE APPL. COMPLETE
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANTS NAME S. AUTHORIZED AGENTS NAME AND TITLE (an agent is not
St. James Development Co., LLC required) Steve Morrison
Environmental Consultant
Land Management Group, Inc.
6. APPLICANT'S ADDRESS

P.O. Box 10879
08 9. AGENT'S ADDRESS
Southport,
N.C.
28461 Land Management Group, Inc.
P.O. Box 2522
Wilmington, N.C. 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 910251-4739
11
STATEMENT OF AUTHORIZATION
1 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,
supplement ' ation in support of this 7A application.
1
APPLICANT'S SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE The Reserve at St James Plantation
13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable)
Headwaters of unnamed tributary to Beaverdam Creek N/A
15. LOCATION OF PROJECT
COUNTY Brunswick STATE NC
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN The Reserve is on the south side of Highway 211 west of St. James Drive.
17. DIRECTIONS TO THE SITE Site is within-St.- James Plantation west of SouthporVVMt8gdTl896boof St James Drive
past St. James Field Office. 4U lliih( U
JUN 2 5 2004
WATER QUALITY SECTION
18. NATURE OF ACTIVITY (Description of project, include all featui e) The construction of two-wetland road crossings with culverts
to serve the planned residential subdivision.
19. PROJECT PURPOSE (Describe the reason orpurpose-ofthe project} See attachmenttc the application.
USE BLOCKS 20-221F DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. REASON(S) FOR DISCHARGE To construct two wetland road crossings for subdivision roadway system.
21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS Uplarrd sand material,
968 cubic yards of material.
22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED 0.2 acres of wetland area to be filled.
23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? Na. IF YES, DESCRIBE THE COMPLETED WORK N/A
24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, Etc., WHOSE PROPERTY ADJOINS THE WATER13ODY
St. James Plantation Property Owners Association, Inc. Tri-City, Inc. and Brunswick Land & Timber, LLC
P.O. Box 10879 P.O. Box 10879
Southport, N.C. 28461 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
NCDLQ Erosion Control BR-02106 119102 1116102
NCDWQ Stormwater SW8011207 2120)02 2/21/02
NCDLQ Erosion Control BR-03168 1/28103 2/10M
NCDWQ Stormwater SW8 020713 4116/03 4!22103
NCDLQ Erosion Control BR-04048 8125/03 9/15/03
NCDWQ Stormwater SW8030318 11/6/03 1117/03
USACE JD Approval ID 200200248 NIA 2/6/02
USACE NW 14 Approval ID 200200243 N/A 3/18/02
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
ILI

SIGNATURE OF APPLICANT
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
Project: Wetland Road Crossings, The Reserve
Date of Application: 6/23/04_
19. PROJECT PURPOSE
The purpose of the project is to provide road access between the upland areas within the
residential subdivision. The two road crossings will be located at the sites of two old
woods road crossings that have existed for at least 29 years. Subdivision planning has
incorporated these existing crossings into the road layout to minimize the area of wetland
impact. The total wetland impact for the project is 0.2 acres. The total length of the
stream (unnamed tributary to Beaverdam Creek) to be impacted at the crossing sites is
120 linear feet.
MITIGATION
The wetlands at the two road crossing sites were examined by DWQ staff and determined
to be adjacent to an intermittent, braided stream that is shown on both the USGS
Southport Quadrangle Topographic Map and the USDA Soil Survey of Brunswick
County. Since the wetland impacts are within 150' of a "stream" system, a 4:1 ratio of
wetland mitigation to wetland loss is required by DENR rules, bringing the total required
mitigation area to 0.8 acres if satisfied with restoration or creation. The applicant
proposes to create .884 acres of wetlands on either side of a culverted golf cart path,
which parallels the south side of the golf course practice range. The mitigation area will
expand the edge of the existing riparian wetland boundary. Within the creation area, the
ground surface will be graded down to the same elevation as the adjacent wetlands to
attain wetland hydrology and then planted with a variety of hydrophytic plant species
found nearby. Plant types include Lyonia lucida, Cyrilla racem flora, PhIlls serotina,
Gordonia lasianthus and Magnolia virginiana. These plant types are grown
commercially in our region and should be available when needed. Containerized plants
will be installed on average 8' centers throughout the mitigation area. Any competition
by invasive non-preferred species will be controlled mechanically. Annual monitoring of
the mitigation area will be performed and summary reports will be submitted to the Corps
of Engineers and NC Division of Water Quality.
STAR n NaM CAGOINA
KR ', COLYIY
L ROGENT K. _M". A. tc1rlY
IT IYAP GAS ORAM IGEER YY
SIPER'esoN nw AN ACmAL illy
StRNT W W. a w SAmRNSM:
,.1, ME RATIO ON PREC SON AS
-TED Kr u111UD[ Ax0 90-3W t .MAT THE
AS
- R OTIE AR S+Ow
AS eROml UxCS PO1RD rRw w-
POANAn011 M9 Go S
OKIO -T TN3 TW YAP GAS rgsu®
ACCamNaE YM xx -Ni As
wK¢.
YIN55 YY MAq Axp S[TK TN[
N AWlsP . soo
\N CARD
rOF ,iES"C
a SEA,
c L-ssa w r
•egP?SUR•AE'y P •
Y<Nl? '
MS CM7112 IT INS PLAT ACCWATELN OEACSS M
WNDMr n ME AaNYSaCTCw OF SE- AOA 0, ME
CILAN WTER ACT PMSAANr TO 1- 19.1 CURS p
E-R.nANm aLEAfION MANUAL AS OETAUw1.D
11 TN IR MO&D w IS DAZE _Ss .ERE .5 A
MANS w TK Ul OR WII PL&19hD RE-AmwS, MS
DETERNNATON Y1Y 1E R(.JCD WON Pal A PE.IDD n
P.l KMS TROY MI5 DAR
a LLS Aar WAPS a MNNAf am41- AT
M,u {tF?ac?
?,^Si7.516N9? S.RYAr 5:NT' 79
?STC+E NALCJAP 44N0 -6T. Ge-,O
r?.0 O.Z. D D Z
ROeERr e. NWMMr, RS R+T MAT ME
PRORRT! sNORN xE%ON M D ONE p 1HE NF C2LONNO;
? A AT M -1 a TU A SPXNSLN a lANO
NMw ME AREA a A -1 p wwOPwtt
AT- AN am«Nla AT MOAARD PMCC3
a tANO
? 1 MAT THE "D"K La M N A Kvn(w a A
COIMtt ON NMf PAllm IT 1S VNNE-TEO
AS TO AN CRO -a MA K-ARS PH U
a ww,
c ANr a ra P4ICMNO
? 1. MAT TIE pNrNtr 5 p AN
OP p En5
tAPg PMLRf LAND W DOU
OES
MOr ONAR A MP fMLT q MANZ AN
u9mx0 SnIQT.
? 1. MAT M[ SLNNWY D p AN EDSTNG
M +IPY! Ot CINOt SMJCN.E OR OMP
nN4 IFARNE SIM AS GAIFACMY;
? !. MAT ME "R K A CONA 9tYa[1
? D. nut M SLR.EY 4 a _TNON GR9Rr, LM
AS ME IKCONNNITON OF -T. PA A
CWRT-O.DERED SL.W, m Om c.a,noN
TO ME DE w OF A 9110N9OA
T-1 I M -AT- ANA .. TO M[
CC?? SnP.tmA 6 9.CN nui Z M"' R UNARL
TO ur.NE A DERANN.AnM TO ME GUT OF ME
SJ "'.S PQC2SVONAL Ae JTY AS TO
WVONS CONTA-D w (A) TNmIM (D)
Aemc
4.X..N 1. r, Pty i
NOR
AL' Ca ARS Arc YAPA'OS AE 6AZO ON TIE NCCs
ON "TEN NM YORIYENis ,ROAD, - YSRf NA1
ME'MjC-a r' ATES -71141 (K) nIO-A.
(r) 79"S- N (N) 227.x9.0:9 (n "- -. Ms
AND ENONCERINO, PA., ON .YLT 231d. 1990. (RAO '27I
WL429 PROPERTY L-0
67°N mC MITIGATION AREA
VL428
A
IJ
LINE 3 LINE
5Y LM
` L1a
uo
t9n
t?
A!e
l Uua lfA?b"I\
D.
b
A
x
w
I
k
N
r
ROAD CROSSING 2

APPROVED 404 DELINEATION
N 1370'79• C
D3R1 19261' (71CJ 8l
Y S 35'22.30• N 6%236• PROPERTY LINE - LIMITS OF STUDY
ebem'. J SIN 1nnRR'Km
L7; l7E A5n?m LSD I45706' mQ
17 'Lm ? u+s tl A75" 12/
f4 >n 11'A ?^ I ROAD CROSSING 1 -]"-
NE .. ,r .. , .,. t,.T
al
2 .. T:
C2]
u NLNm,
V `
Swt'
tb.•
taP De
u>t
Ns
!'h twe
lµ ?
ua
LIMB 2
LID
.. tm
51r7T01• W ••"(u•'
1307.40*, (11c)
]
LINE 5
t`KKT, n.n ,
J9R Nu
?rD t t tY1
1 36 wtZLINE 7
NI AmT ua
unY ?l.luo?iN ?
. ;b
NL372
PLAT OF SURVEY FOR
ST. JAMES DEVELOPMENT CO., LLC
SHOWINS 404 WETLANDS IN PALLADIN TRACT
LOCKWOOO FOLLY TOWNSHIP, RRUJSWICK COUNTY
BRUNSWICK COLNTY • NORTH CAROLINA
SURVEY SY. BH/TC DATE. AUGUST 14TH, 2001
DRAWN BY: T.H.ALLEN SCALE: I INCH-300 FEET
JOB N0.: 01045SR FIELD BOOK: FILE
o' 300• 000• 900•
SHEET f OF 2
N79173.1767 1
E1773370.t7%
eJ9
(T9
I IP -!- vplp
z
'n
C
? p
' Y?!a
r
TrNE 12
?.
? Du1 " SNyj C 1
t+e.
Lwn ;?.V
.rl t `11 ? O
N y TNe
aClj/Irt
CND /4'
Ar µrn "
` r N77791.7578
".t»1 C7170309.1991
X170 `N 7707131-r - ^'
ar 768.67' m4 o
v 4
•1 ? luP?xlau'a•E
eB7A' UW
? N 9418'39• P
IN6.9e (Tc) ,. LINE I

?I
LINE 6
`iv
s n KU
u
Y
tt i uz1 Ou
9T KA
G1
tw,•t 'Lt JI
N 77'16 i9• C
9aa I9?mEI? .? ? J6
f9
K3 is
MI
ZLINE R

MCHENRYSURVEYING
PROFESSMAL LAND SURVEYOR
P.O. BOX 433.105 SE 4&h STREET
OAK ISLAND, N.C 28445
TEL•S1DN7/8-0874
FAX: [phone]
PROPOSED ROAD CROSSINGS
8b 91
55 92 53
N ?a
1a
11
a3 16
19 15
WETLAND ROAD CROSSING 1 ? aO /`? 14
WETLAND CART BRIDGE ?" \ \\
r ti ?
3 ?ollas
LLD
a 1 b TOTAL WETLAND FILL =.02 ACRES / -1
TOTAL WETLAND CREATION =.884 ACRES
n
SCALE 1 = 200'
?
?g WETLAND
s 1 \ ,q
-? ITIGAT? A
PP;; ROAD CROSSING 2
O WETLAND 1
WETLAND
CART BRIDGE
PROPOSED MITIGATION SITE
N
t?GE
SCALE 1 "=1
MON AREA

?c r
0
? ,71 r;r•r;cSt ?.•'Tf ?? !tom - "'"`_` :7??, ?, ",?'' ? I
? 13rnn?C}iClt??? f, ?'v. :1? 1 f>W„y '?? i
? ,'?lrf!'?/IffClCl Ft,iriv Enar t ? ? f ? ? ,: ? t
,'\ 1
• 1
' ar- l"' . ?t r if
r
,
? Ijrtlr ln?t l ® 1,, l 4J 1 / r ~ S I\ O
r7Y AID ,it S I 1A I:
MIS. ' _ - / 11 P ,
? l;,t?,c'!u/r I,r p ,?" - ?
?? ????
?1, c?a its „?,tr j
1J'17Cl C'tG471ci. V-1 11 2\
37
"V
..rrti ` I '? .?Q+ I5 44
F ,?. r--a..a f h/ 5 % ? ?I I t M15 '."e ! - •_t'?dd t ? ?e t
( 0/ f IA _1--
6 ? I A?N \ _- J1 Y2 X11 ., `` /j i/33 ? J 21 =t ? / r x?? 4N „]? 1 I
_?? '• 8, = 1 ''tf Rcim-lf
78 31
., Si-1;, P ?/ 7 Jrl, A. R•r• / tq ?' yr /'r 11' S0
JR,
ROAD CROSSING 1 -?'`•' ?A1 ,r, / / / ?5, ?tq t+ \ 1Y ?k
.. 1 ,
?
1 t "? ?1,?' r I+C.yc / l ) •'nf 4 4\.....r• 7 I\ 13 f a 1
3 3
C??'?+'-1-.._„ ?,4„?"'1•\ ???..??? ,SJ?`,y?(?I r???yr?? ??1?1 r?' rl /„1/A „ ? ` Ii lrJ s-•^;? /- '. le } _? ?'1/ F ?.
T 1 ` J r
1 `.,, i' 7 U ti. 7?'r. S 1+' c:?'^'4 t.1? 1I 7?I 77 :1?
65/
,J 'n? If wS3t
71 +r a `' w'°+,."r ,.r'. (.} -'."'t'_' - ('I.,I hr,u•;r• / r Sr,
V-. ,!n ROAD CROSSING 2
y
g ? ."c -+ ? I I.l1il'C /'1r?• 4 1 _ ??-?- t-\ ? Y?_? ,J? ?
' r
C: rj iw !"^w , r s?`1 1-:7'rn n ?,. r'",? ..1 p1 I"i \ z 1 t, w `P `
Ci..+.•..?+,°.xwl TrrS"'` ! ?? ?'? ? ? ?d>?, ?J j ?:) 1`',? ?., 1,,` I `"? ?/ ? / i, I_o? ?,.,,7. ? -; f?1 ?4b:`I l? C?' '
" ?? ?
-?__ I?`:: _ .•_ C" ?A? c\jl?; ,v ?•??r °"-.?-j:? 1C?- x?? I ? `7 „. ?\ •o : ?s\r ''r..; ? ?,",?,--,?, 10 Q
` : .r
L
?j
MITIGATION AREA ?• ` //`
!!T ? ,?' "Fi-?+s?7 E'? ,- ?,y S; / I; ^ ? /In s?` I •.t7 w,??.v,.??ypw"* I? r ? .`? ?• ?? ? ...? ,
29 1
[MA
?? !-. 1• °'I? ???4?j?? I ?? Jtii_?t8 ':v"<a.. ?* .3? PLANTATION ;
..--?.•?-..??.? .v--^`-. 5(', i ?`I ?'i l11 -a ?'1> I ip R (yin "?./ 1 :(
r.. r a,l.. - +:.? \.+.. ?".C+•. ?I?fL, f`? I '?. /.t/ ' '?..1?;'1 7l.G T
'o -4i 7-'/ 71 711 "1
.. LiE Ii:N `„?>.?i.?"???'n'4_'. .? ?' ? ??? Z ??' ..??+y+e/,?,? Ifs 4 ??T?
.
w
MITIGATION SITE I
VIEW WEST
Land Management Group, Inc.
MITIGATION SITE

VIEW NORTH

f

w
?i (??k? 5?. 11d Jt ¦
?
t

??{ { Y?
?Y rT
i.?

'p
f. } ? f
7.

•g s

.ir
ss??? .rY
All

!
.. *A
,

VIEW WEST

Y
7
( '
1
IF4
m
4
;

? ?
f

I 1
1

•
{

t
, 'V, t 71S ??.

i.anu ivianagement croup, inc.
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: 200200248
NATIONWIDE PERbITT 14 VERIFICATION
(Linear Transportation Projects)
Property owner:
Telephone No:
St. James Development Co., LLC
P.O. Box 10879
Southport, NC 28461
[phone]
Project Consultant: Land Management Group, Inc.
c/o Steve Morrison
P.O. Box 2522
Wilmington, NC 28402
County: Bntnswick
Size and Location of project (crater body, road name & number, town): St. James Plantation, a residential
subdivision located in Lockwood Folly Twp., Brunswick County, North Carolina. The subdivision is located on
Highway 211, northwest of the town Southport, Brunswick County, North Carolina. The wetlands involved in this
project are connected to Beaver Dam Creek in the Paladin Tract of the subdivision. UTM Coordinates: Zone: 17;
768462 North; 3761232 East.
Description of Activity: Construction of two road crossings in the Paladin Tract of St. James Plantation. The road
crossings shall be culvcrted to maintain water flow. Jurisdictional wetland fill will total 0.2 acres. Crossing No. 1 will
impact 0.11 acres of stream and bank and crossing No. 2 will impact 0.09 acres of stream and bank. The project
includes mitigation as described in the special conditions of this letter.
Applicable Law: _X Section 404 (Clean Water Act, 33 U.S.C. 1344)
(check all that apply) _ Section 10 (River and Harbors Act of 1899)
Authorization: Nationwide Permit 14, Federal Register Vol. 67, No. 10.
Name ofFermhtee: General Public
Effective Date: March 18, 2002
Erpiratlan Date: March 19, 2007
DEPARTMENT OF THE ARMY
NATIONWIDE PERMIT
A general permit to perform work in or affecting navigable waters of the United States and waters of the United
States, upon reconuuendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of
March 3, 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby modified and
renewed, by authority of the Secretary of the Army, by the District Engineer, whose address is as follows:
St. James Development Co. LLC
Action ID.: 200200248
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
NATIONWIDE PERMIT 14. Activities required for the construction, expansion, modification, or irrrproveincnt of
linear transportation crossings in waters of the U.S. See page 2080 of Attachment 1 for a full description of the
permit.
1. Special Conditions. (a) To offset adverse environmental impacts from the proposed project, the applicant shall
purchase from the North Carolina Wetlands Restoration Program I acre's worth of wetland mitigation credits.
Within 30 days after the issue date of this letter, the permittee shall submit proof to the purchase of the mitigation
credits to the U.S. Army Corps of Engineers, Wilmington Regulatory Office, P.O. Box 1890, Wilmington, NC
28402. Please include the Army Corps Action ID number on the correspondence. - (b) Additional special conditions
for this nationwide permit are contained in Attachment 2, parts I and II E of this document.
2. General Conditions. The general conditions for nationwide permits are included in Attachment 1 of this
document. General permit conditions are in section C of the attachment and begin on page 2089. The general
conditions must be followed for a nationwide permit to be valid.
Your work is authorized by this Nationwide Permit (NW) provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is
checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division
of Environmental Management, telephone [phone]. Before beginning work for any activitywithin the 20 coastal
counties, you roust contact the N.C. Division of Coastal Management, telephone [phone].
Please read and comply with the attached conditions of the Nationwide Permit. Any violation of the conditions of the
referenced NWP may subject the permittee to a stop work order. a restoration order, or appropriate legal action.
This Department of the Army NWP verification does not relieve the permittee of the responsibility to obtain any other
required Federal, state, or local approvals or permits. The permittee may need to contact appropriate state and local
agencies before beginning work. Questions regarding this authorization or any of the conditions of the Nationwide
Permit should be directed to the Corps regulatory official specified below.
Issue date of verification: May 3, 2002
Corps regulatory official: Thomas Farrell Telephone: [phone]
Expiration date of the permit:. March 19, 2007
Attachment 1 (12 pages, 2-sided) contains Nationwide Permit 14, general conditions, and other requirements.
Attachment 1(6 pages) contains special conditions for this verification.
Attachment 3 (4 pages) contains project drawings.
CESAW Form 591
Revised July 1995
-2-
LAND MANAGEMENT GROUP, INC.
ENVIRONMENTAL CONSULTANTS 23216
North Carolina Division of Water Quality 6/22/2004
Date Type Reference Original Amt. Balance Due Discount Payment
06/22/2004 Bill Permit Fee 200.00 200.00 200.00
Check Amount 200.00
tVZ4°s%oi
GROUP
WgTRRQ?q?/?y
S??T?aN
Coastal Federal Bank 401 Water Quality Certification Fee 1-00.00