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HomeMy WebLinkAbout20001094 Ver 1_COMPLETE FILE_20000818 State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Wayne McDevitt, Secretary Kerr T. Stevens, Director 1fflC11;WAJ IT 1 0 • A v A NC ENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES October 2, 2000 Brunswick County DWQ Project # 001094 Finger Tract APPROVAL of 401 Water Quality Certification, ADDITIONAL CONDITIONS, WRP St. James Development Co., LLC P.O. Box 10879 Southport, NC 28461 Dear Sirs: You have our approval, in accordance with the attached conditions and those listed below, to place fill material and plug approximately 51,800 linear feet of ditches/waters as depicted in the Corrective Action Plan and application dated September 12, 2000 for the restoration of wetlands on a tract know as the Finger Tract located on the South side of hwy 211 near Supply, North Carolina in Brunswick County. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3256. 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 Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specked 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). For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. 1. Approved sediment and erosion control devices and 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" (available from the Division of Land Resources in the DEHNR Regional or Central Offices) shall be properly implemented. 2. In order to prevent violations of the turbidity standards outside the area of construction (50 NTU's in streams and rivers not designated as trout waters by DWQ; 25 NTU's in all saltwater classes, and all lakes and reservoirs; 10 NTU's in trout waters) compliance with the approved Sedimentation and Erosion Control Plan is required. 3. Waste, spoil or fill will not be placed, dumped or located in wetlands or waters beyond the footprint of ditches proposed for fill. i1 Division of Water Quality • Non-Discharge Branch 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper 4. All sediment and erosion control measures placed in wetlands or waters shall be removed and the natural grade restored after the Division of Land Resources releases the project. 5. For a period of two (2) years, following the completion of the restoration efforts, monthly inspections of restoration must be conducted and a written record maintained for possible DWQ review. Specifically, a determination must be made to insure that the landscape is returned to natural grade and the ditch plugs and back-filled areas are stable. If additional restoration efforts are required they must be completed and the Regional Office staff must be notified. 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 919-733-1786. Sin ely teve s cc. Corps of Engineers Wilmington Field Office DWQ - Wilmington Regional Office John Dorney Central Files Danny Smith Steve Morrison; Land Management Group, Inc. P.O.Box 2522, Wilmington NC 28402 ti DWQ 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"GO.PS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF WATERQUALITY (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1. OWNERS NAME St James Development Co LLC 1 2. MAILING ADDRESS: P.O. Box 10879 Southport,N.C. 28461 PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING ADDRESS ABOVE): Property known as the Finger Tract located on the south side of hwy 211. 1.5 miles west of hn 133 intersection. 3. TELEPHONE NUMBER (HOME): N/A (WORK): 910-253-4739 Mark Brambell. on-site contact 4. IF APPLICABLE: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Land Management Group, Inc. MAILING ADDRESS: PHYSICAL ADDRESS: TELEPHONE: P.O. Box 2522 3805 Wrightsville Ave., #14 office (910) 452-0001 Wilmington, N.C. 28402 Wilmington, N.C. 28403 fax (910) 452-0060 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. St. James Development Co., LLC, Applicant By Date 5. L ATION 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 hn 211 to 1.5 miles-past ha 133 intersection tract on left (south) side of highway. 6. IMPACTED OR NEAREST STREAM/RIVER: Headwaters area of Unnamed Tributary to Beaver Dam Creek and headwaters area of Jump and Run Creek 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[ ] 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? Conservation 8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ x ] NO [ ] IF YES, PROVIDE ACTION ID NUMBER OF PREVIOUS PERMIT AND ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): General Permit (Regional and Nationwide) Verification issued 11/14/96 by Corps for road crossings totaling 1/3 acre impact 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 +/- 340 acres 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: +/-142 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 and plugged for wetland restoration and enhancement, see item 12 below. 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): N/A 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: N/A 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? 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): See attached Corrective Action Plan. Equipment types include backhoe, 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): 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. 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 [ ] NO [x] (IF NO, GO TO 18) 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 and undeveloped. 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 ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND, 3. (IN THE TWENTY COASTAL COUNTIES ONLI), A LETTER FROM THE NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. St. James Development Co., LLC B ??--? (AGENT'S SIGNATURE VALID ONLY IF AUTHORIZATION STATEMENT IS SIGNED ABOVE) DATE Attachment to Pre-Construction Notification Application for Nationwide Permit 27 and 401 Certification Project: Finger Tract, Highway 211, Brunswick County, North Carolina Date of Application: September 12, 2000 13. PURPOSE OF PROPOSED WORK: The purpose of this project is to plug or fill the ditches on the Finger Tract located to / the south of Highway 211. This work will be done in accordance with the Corrective Action Plan revised September 12, 2000, a copy of which is also being submitted with this Application. A total of approximately 51,800 linear feet of ditches will be plugged or filled. . As shown on the Corrective Action Plan, the ditches to be filled or plugged fall into three general categories as follows: (1) ditches in wetlands; (2) ditches along the edges of wetlands; and (3) upland ditches located more than 50' from the edge of any wetland. The ditches in category (1) will be plugged at the edge of the wetland, with the plug extending into the wetland for a distance of approximately 50'. The ditches in categories (2) and (3) will be completely filled. Approximately 33,400 linear feet of wetland ditches will be plugged or filled. The plugging and filling of these ditches is anticipated to result in restoration and enhancement of wetland hydrology within approximately 63.5 acres of delineated wetlands adjacent to such ditches, as shown on the Corrective Action Plan. There are a total of approximately 142 acres of delineated wetlands on this tract. Approximately 18,400 linear feet of upland ditches will be filled. The tilling of these ditches will address soil erosion and sedimentation concerns and contribute to the overall restoration and enhancement project. Uplands located outside of the delineated wetlands will not be converted to wetlands as part of this project. The Corrective Action Plan has been submitted to and reviewed by the Division of 1 Water Quality ("DWQ") of the North Carolina Department of Environment and Natural Resources ("DENR"). DWQ has instructed The applicant to proceed with the submittal of the Pre-Construction Notification Application, This Application is being submitted concurrently to the Corps of Engineers and DWQ. The applicant has already received approval from the 'Division of Land Resources of DENR for the revised Erosion and Sedimentation Control Plan for this project. V 004 - VIT (main) aWDS DlHdVH!) 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Hunt, Jr., Governor Wayne McDevitt, Secretary St. James Development, LLC Mr. John Atkinson, President Post Office Box 10879 Southport, NC 28461 Dear Mr. Atkinson: August 7, 2000 LETTER OF APPROVAL 1 • • .01 lk NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES Project Name: Fingert Tract Ditching Filling & Plugging Project No.: 990112BR Location: NC Hwy 211 Brunswick County River Basin: Lumber Submitted by: River and Associates Date Received: July 25, 2000 Revised Submittal This office has reviewed the subject sedimentation and erosion control plan. We find the plan to be acceptable and hereby issue this letter of approval with comments as attached. Please be advised that Title 15A, of the North Carolina Administrative Code, 46.0017(a) requires that a copy of the,approved plan be on file at the job site. Also, you should consider this letter to give the Notice required by GS 113A-61(d) approved plan. The last page(s) which lists approval comments should be copied and attached to the sedimentation and erosion control plan that is maintained on site. North Carolina's Sedimentation Pollution Control Program is performance oriented, requiring protection of the natural resources and adjoining properties. If, following the commencement of this project, it is determined that the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 113A-51 thru 66), this office may require revisions to the plan and its implementation to insure compliance with the Act. Recognizing the desirability of early coordination of sedimentation control, we believe that it would be beneficial if a pre-construction conference could be arranged to discuss the approved plan for this project. Please contact this office and let us know the date of construction start-up and the date of pre-construction conference so that we may attend. We look forward to working with you on this project. If you have any questions, please contact our office. Sincerely, Daniel Sams, Regional Engineer DES/dbd cc: Eric Frank, PE; River and Associates W iRO-LQS 127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 o Telephone 910-395-3900 • Far 910-350-2004 A.. C.. -l ll.,. -t-ity AFF--tiNa Artinn Fntnlover Page 1 of 2 APPROVAL COMMENTS AND CONDITIONS PROJECT NAME: PROJECT NUMBER: LOCATION: RIVER BASIN: SUBMITTED BY: DATE RECEIVED: Fingert Tract Ditching Filling and Plugging 990112BR NC Hwy 211- Brunswick County Lumber . River and Associates July 25, 2000 This plan approval shall expire three (3) years following the date of approval, if no land disturbing activity has been undertaken, as is required by Title 15A NCAC 4B.0029. 2. The developer is responsible for the control of sediment on-site. If the approved erosion measures prove insufficient, the developer must take those additional steps necessary to stop erosion from leaving this site. Each sediment storage device must be inspected after each storm event. Maintenance and/or clean out is necessary anytime the device is at 50% capacity. 3. Any and all existing ditches on this project site are assumed to be left undisturbed by the proposed development unless otherwise noted. The removal of vegetation within any existing ditch or channel is prphibited unless the ditch or channel is to be regraded with side slopes of 2 horizontal to 1 vertical or less steep. Bank slopes may be mowed, but stripping of vegetation is considered new earth work and is subject to the same erosion control requirements as new ditches. 4. The developer is responsible for obtaining any and all permits and approvals necessary for the development of this project prior to the commencement of this land disturbing activity. This could include the Division of Coastal Management under CAMA requirements, the Division of Water Quality under storrwater regulations, the U.S. Army Corps of Engineers under Article 404 jurisdiction, local County or Town Agencies under their local ordinances, or others that maybe required. This approval cannot supersede any other permit or approval. However, in the case of a Cease and Desist Order from the Corps of Engineers, that Order would only apply to wetland areas. All highland would still have to be in compliance with the Sedimentation Pollution Control Act. 5. If any area on site falls under the jurisdiction of Section 404 of the Clean Water Act, the developer is responsible to the orders of the U.S. Army Corps of Engineers. Any erosion control measures that fall within jurisdictional wetland area must be relocated to the transition point between the wetlands and the highlands to assure that the migration of sediment will not occur. If that relocation presents a problem or contradicts any requirements of the Corps of Engineers, it is the responsibility of the developer to inform the Land Quality Section Regional Office so that an adequate contingency plan can be made to assure sufficient erosion control on site. Failure to do so will be considered a violation of this approval. 6. Any borrow material brought onto this site must be from a legally operated mine or other approved source. A single use borrow site or an area to waste material is only permissible if it is operated under total control of the Financially Responsible person or firm who is developing this site, is located on or adjacent to this site, and has been incorporated as part of this plan. Removal of soil off-site would require the application and approval of a mining permit. Violation of this provision would result in work stoppage and civil penalty assessment at a high rate under the authority of the N.C. Mining Act. 7. This permit allows for a land disturbance, as called for on the application plan, not to exceed 57 acres. Exceeding that acreage will be a violation of this permit and would require a revised plan and additional application fee. Any addition in impervious surface, over that already noted on the approved plan, would also require a revised plan to verify the appropriateness of the erosion control measures and stormwater retention measures. Page 2of2 8. A graveled construction entrance must be located at each point of access and egress available to construction vehicles during the grading and construction phases of this project. Access and egress from the project site at a point without a graveled entrance will be considered a violation of this approval. Routine maintenance of the entrances is critical. 9. Changes in the North Carolina Sedimentation Pollution Control Act now mandate a shortened time frame in which to reestablish vegetative groundcover. Slopes (including cuts, fills and ditch banks) left exposed will, within 15 working days or 30 calendar days (whichever is the shorter) after completion of any phase of grading, be planted or otherwise provided with groundcover sufficient to permanently restrain erosion. - _ / ^' =1? ? ?w `i.?5rv,ti !/ uHna - - W W - ? r• _ F 'n .L 'ant-s /r . ? -- -' ? e = .. ? '.. w 1'?awa'? `{ I ilY{'Z sL ' _ .?+ ` d ` =? ?' •? i/jt/I ?, -,F1ttY?! C, s `• , # d' r . 'S L _ ? _ ?pDen \ ? 4-r1 - { ? J? " -- _ - ? , 1. , rY, - l J? ? r , n?C? ? E yre n ? ??`?y\ • - _ - _ f ?`?'? 3? ? ?_ -.-?-? ?ty.: A _ " tt? r \.: ??Z.:.? ` ? 4 ? _ ? t -. r _ °.[. M ? , / • ? ' ? ? <f?"! ? .. T f v/' - -- - ? - ' e ?a ? ??;,. -- bOeier?CY, 1[[- ?? yw?•?. _ 17 ?'1 -?? Ate\ =. _ _ - - ,Q - _°V !_'.,r`.J` '}p ?•gatlri R EIP _ naa: `? \ ?• 0' , L I Onon )art. t1F 3! tare : ? ? a!K Irt f? -4 SIB, `??? ??_ ---= ?\ _ ? - ? 1?- ? ? nt r ?r _ ? I - ? 1 ? •? Centre Pter so A ?? ' :e rr - i _ . ' fr ?e ' a ?r L1T 0 • J. ?,p+ ? A 'All / 87 ? / / J NNY POQ - lanai t/ ?? \ ?' 4 y r = - ? ? Kure Se26 r - ?- Q yytR^aIM/ Ol ri ) _ "? - _ _ J- _- _• - = _ _ 1? _ ! y' ?a _ //? J .) .L • 0, (z FORT FISHER - AIR FORCE STA puam ./. ?' ••l /- = Ip,2 'ott Isher SRA \ _ !? • FIS ?? y l? ? '. t , CATS R " HER ECREATION AREA _ ? / - \\ %? ?_ • 1 ? - - ?? w.A,;; m f % I \ --i.e ' j_. ai ?'jaoti.. ?' ?.a#.. /6 • ?? 10 'M! prItCS C[eek 54 zo" 1 J Fart Fish€r ;a*r ? C4? 211 ; ??R Cown ' ' ! ??? ; I a, rl ` ?^- ^c?? `'r ?.• Y ) L SanueC -? Q . Swtfy?-?..? -_- l???-'k?.tr? - il`p bw .;.?u. L B J 15` ? 1I` ` ? \_?- j ? r av ?- Si,.a9??"• ?\3 ?..?/ ? - - . ong eech l zz - (.Dreg death Ocean Crest Yauoon Seen - : 44P 'e - no. Oak island Fort S-h t - Said Head U%hth/aruist _ \•?, - --? ??. t Inane 1 - Cape Fear _ SCALE 1' .? 2 3 MILES I LANU MA1VAQit:1V1t:1Y i UKUUr-y I/VC.. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) 1 or L Project/Ske: St. James Development "Finger Tract Date: June 9, 1998 Applicant/Owner. St, James Development, L.L.C. County: Brunswick Investigator. Paul Farley and Steve Morrison State: North Carolina Normal Circumstances exist on the site? Yes No Community I0: wetland the site significantly disturbed (Atypical Situation)? Yes No fransect ID: the area a potential Problem Area? Yes No Plot ID: needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator Pinus taeda Tree FAC 9. Acer rubrum Tree FAC Gordonia lasianthus Tree FACW 10. Nyssa sylvatica Tree FACW Magnolia virginiana Tree FACW 11. Persea borbonia Tree FACW 12. Pinus serotina Tree FACW 13. Cyrilla racemiflora Shrub FACW 14. Lyonia lucida Shrub FACW 15. Liquidambar stryraciflua TRee FAC+ 16. Percent of Dominant Species that are OBL, FACW or FAC (excluding FAC.) 100% Remarks: HYDROLOGY Wetland Hydrology Indicators: x Recorded Data (Describe in Remarks): Primary Indicators Stream,Lake, or Tide Gauge Inundated -Aerial Photographs Saturated in Upper 12 Inches x Other _ Water Marks No Recorded Data Available _ Drift Lines _ Sediment Deposits _ Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required): -Oxidized Root Channels in Upper 12 inches Depth of Surface Water: (in.) _Water-Stained Leaves _ Local Soil Survey Data Depth to Free Water in Pit: (in.) _ FAC-Neutral Test -Other (Explain in Remarks) Depth to Saturated Soil: (in.) Remarks: Wetland upland boundary delineated using groundwater monitoring wells at one reading per day. Wet areas showed wetland hydrology for greater than 13.3 consecutive days during normal periods of the growing season. Site was monitored for one complete growing season I es iracr rage 1 or ? Yes No Unit Name es and Phase Murville Drainage Class: Feld Observations nomy (Subgroup): Typic Haplaquods Confirm Mapped Type? Profile Description: Depth Matrix Color (inches) Horizon (Munsell Moist) 0-5 A 10YR 2/1 6-32 Bh1 10YR 2/1 ' 32+ Bh2 10YR 3/1 Hydric Soil Indicators: I _ Histosol Histic Epipedon _ Sutfidic Odor _Aquic Moisture Regime _ Reducing Conditions x Gleyed or Low-Chroma Colors Mottle Abundance/Contrast Texture, Concretions, a mucky fine sand fine sand fine sand _ Concretions x High Organic Content in Surface Layer in Sandy x Organic Streaking in Sandy Soils x Listed on Local Hydric Soils List x Listed on National Hydric Soils List -Other (Explain in Remarks) Wt I LANU Ut 1 tKMINA I IUN Hydrophytic Vegetation Present? a No (Circle) (Circle) Wetland Hydrology Present? No Hydric Soils Present? Yes No Is this Sampling Point Within a Wetlan Yes No Revised from data sheet of 4/10/97 to show revisions based on well data Longitude 78deg. 6'30" Latitude 33deg 56'43" St. James Development, LLC P.O. Box 10879 Southport, NC 28461 Land Management Group, Inc. Post Office Box 2522 Wilmington, N.C. 910-452-0001 28402 LHIVL! 1WHIVHVCIWICi1i. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) ProjectfSite: St. James Development "Finger Tract" l Date: June 9, 1998 ApplicanUOwner: St. James Development, L.L.C. County: Brunswick Investigator. Paul Farley and Steve Morrison State: North Carolina a Normal Circumstances exist on the site? fie? Community ID: upland the site significantly disturbed (Atypical Situation)? Yes Transect ID: the area a potential Problem Area? Yes o Plot ID: needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indi for Dominant Plant Species Stratum Indicator Pinus taeda Tree FAC 9. Acer rubrum Tree FAC Gordonia lasianthus Tree FACW 10. Nyssa sylvafica Tree FACW Magnolia virginiana Tree FACW 11. Persea borbonia Tree FACW 12. Pinus serofina Tree FACW 13. Cyrilla racemiflora Shrub FACW 14. Lyonia lucida Shrub FACW 15. Liquidambar stryraciflua TRee FAC+ 16. Percent of Dominant Species that are OBL, FACW or FAC excluding FAC.) 100% Remarks: Used similar data for wetland sheets since area was delineated through well monitoring HYDROLOGY Wetland Hydrology Indicators: x Recorded Data (Describe in Remarks): Primary Indicators _ Stream,Lake, or Tide Gauge _ Inundated _Aerial Photographs Saturated in Upper 12 Inches x Other Water Marks No Recorded Data Available _ Drift Lines - _ Sediment Deposits _ Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required): _Oxidized Root Channels in Upper 12 inches Depth of Surface Water. (in.) _Water-Stained Leaves _ Local Soil Survey Data Depth to Free Water in Pd: (in.) FAC-Neutral Test -Other (Explain in Remarks) Depth to Saturated Soil: (in.) Remarks: Wetland upland boundary delineated using groundwater monitoring wells at one reading per day. Dry areas did not showed wetland hydrology for greater than 13.3 consecutive days during normal periods of the growing season. Site was monitored for one complete growing season SnII S Proiect/Site: St James Develooment "Fnaer Tract' Pace 2 of 2 Wetland Map Unit Name (Series and Phase Murville Drainage Class: Field Observations Taxonomy (Subgroup): Typic Haplaquods Confirm Mapped Type? Yes No Profile Descripti on: Depth Matrix Color Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) Abundance/Contrast Structure etc. 0-5 A 10YR 2/1 - mucky fine sand 6-32 Sh1 10YR 2/1 - fine sand 32+ Bh2 10YR 3/1 - fine sand Hydric Soil Indicators: H'Istosol _ Concretions _ Histic Epipedon x High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor x Organic Streaking in Sandy Soils _ _Aquic Moisture Regime x Listed on Local Hydric Soils List Reducing Conditions x Listed on National Hydric Soils List x Gleyed or Low-Chroma Colors _ Other (Explain in Remarks) Remarks: MINA I IUN Hydrophytic Vegetation Present? Ye l , (Circle) (Circle) Wetland Hydrology Present? Y Hydric Soils Present? es No Is this Sampling Point Within a Wetianc Yes No Revised from data sheet of 4/10/97 to show revisions based on well data Longitude 78deg. 6'30" Latitude 33deg 56'43" St. James Development, LLC Land Management Group, Inc. P.O. Box 10879 Post Office Box 2522 Southport, NC 28461 Wilmington, N.C. 910-452-0001 28402 yaiul ?.za?nz?rit 340zv?' Azc. Ad dfA -Tox ,25,2.2 'dmaptoa, ./YWA Vaeak-m 28402 Jed 9Y0-452-000Y 9wewy .A"d Y., gr . ?N! ??J? .?otuborz 99.&J-4 9/12/00 9J tt? A.,, V)F..96A 3805 ?i:?ltlot ille .24wme Vd=iet#&a, M M403 John Dorney Division of Water Quality 4401 Reedy Creek Road Raleigh, N.C. 27607 Re: Nationwide 27 Permit application, Finger Tract, St. James Development Co., LLC Dear John, I have enclosed seven (7) copies of the application materials for a Nationwide 27 Permit and 401 Water Quality Certification for the planned wetland restoration and enhancement work on the Finger Tract in Brunswick County. Enclosed in the materials is a copy of the letter of approval from the NC Division of Land Resources for the Sedimentation and Erosion Control Plan submitted for this activity. A copy of these materials has also been delivered to the Corps of Engineers for review. The owner is anxious to proceed with the proposed work and I will be happy to answer questions or provide additional information in order to facilitate the expeditious review and issuance of the 401 Certification. Please contact me with any questions that you may have. Thank you for your assistance in this process. Sincerely, Steve Morrison Environmental Consultant encl: Seven copies of the NW 27 application materials Copy of the Certification fee check (already submitted) i? 5 2000 Wgff P QN, LIPI SECTIMP cc: St. James Development Co., LLC Personal Account Information Redacted MITIGATION PLAN PREPARED FOR THE CORPS OF ENGINEERS 1 FOR IMPACTS TO "WATERS OF THE UNITED STATES" CORRECTIVE ACTION PLAN FINGER TRACT BRUNSWICK COUNTY NORTH CAROLINA 001094 AUGUST, 2000 8 2000 DS cEaouP 1 LAND MANAGEMENT GROUP, INC. WILMINGTON, N.C. INTRODUCTION: The described work within the Corrective Action Plan dated June 2, 2000 will involve the filling and plugging of ditches on the Finger Tract. As detailed within the Attachment to Application for Department of the Army Permit submitted with the application, it is anticipated that the work will result in the stabilization of the site relating to erosion/sedimentation as well as the restoration and enhancement of wetland hydrology within the delineated wetlands. As part of the project and in order to effectively perform the proposed work, 1.26 acres of ditches classified as "Waters of the U.S." located in uplands must be filled. The owner of the property must obtain and has applied for a COE Individual Permit to authorize this activity for which mitigation for the impacted area of "Waters of the U.S." is proposed. The Corrective Action Plan has been submitted to and reviewed by the Division of Water Quality (DWQ) of the North Carolina Department of Environment and Natural Resources (DENR). DWQ has instructed the applicant to proceed with the submittal of the pre-construction notification and application for a 401 Water Quality Certification. The application is being submitted concurrently with this submittal to the Corps of Engineers. The applicant has also submitted an Erosion and Sedimentation Control Plan to the Division of Land Resources of DENR Upon approval by DENR, the landowner will need the Corps of Engineers permit in order to carry out the Corrective Action Plan. EXISTING SITE CONDITIONS: The mitigation site is located at a pond on the southwestern edge of the Finger Tract adjacent to the Arbor Creek subdivision approximately 3800 feet south of Highway 211. The existing two acre pond is currently functioning as a sediment trap which allows for the settling of suspended particles from the water entering via four connecting ditches to the north and east. These four ditches will be filled as part of the proposed activity. A fifth ditch along the property line (the Arbor Creek ditch) entering the pond from the northwest, carries pre-treated water from the existing adjacent subdivision. The Arbor Creek ditch will remain open to support the outflow needs of this neighborhood. The pond features an outlet structure consisting of a stone and rock dam with two outlet pipes controlled by sliding gate valves. The pond outflows to a ditch which then sheet flows water through a wetland area into another pond further down stream. Flows from the lower pond are into an un-named tributary of Beaverdam Creek. The land to the south side of the pond features a grassed golf driving range serving the Players Club Course. To the west of the pond, the Arbor Creek subdivision extends along the property boundary with lots partially built upon. The north and east sides of the pond are undeveloped and mostly wooded. Vegetation here away from the pond bank consists of pond pine, loblolly pine, loblolly bay, red bay, sweet bay, smilax, fetterbush, titi, and bitter gallberry. The sloped pond bank was initially stabilized with matting and annual rye followed by applications of carpetgrass, bermuda and millet. PLANNED MITIGATION WORK: Prior to the proposed modification of the northern edge of the pond for buffer area creation and for the widening of an upland access corridor to the western portion of the property, the pond level will be lowered as far as possible by a controlled use of the gate valves. The valves will then be closed to treat and contain any temporary turbidity from the pond bank shaping. Additional water level control may include the pumping of pond water and spray irrigation onto vegetated upland areas north of the pond which allows for surface evaporation, plant uptake/evapotranspiration and filtering action as the applied water makes its way through the soil profile to the water table. The upland spray area is upgradient of the pond. The final water surface area of the pond will be approximately 1.65 acres (see attached mitigation plan drawing). Following the pond bank work and the filling/plugging of the tract ditches, the pond will no longer serve in a treatment capacity and will be classified as "Waters of the U.S." A 30' wide buffer around the pond will be planted in mixed native vegetation. Plantings will include wax myrtle, sweet gum, loblolly pine, bald cypress, black gum and American holly. The various plant types will be placed according to their tolerances and needs for groundwater levels in relation to their position away from and up and down the pond slope. Plantings will also be in a random radial arrangement around the pond with consideration for water shading, wildlife utilization, species competition and view benefits. After the buffer is established, nuisance vegetation which may threaten the planted trees and shrubs will be removed. Dead, diseased or damaged specimens will be removed and replaced if necessary. Pruning will be employed selectively when needed for plant health. The reshaped portion of the pond bank will also be planted with a seed mixture to include millet and coastal bermuda for stabilization purposes. The buffer area will not be maintained in a mowed condition which will provide for the wildlife utilization of the millet seed source and ground cover. ff timing of the work demands that bank stabilization occur during the cooler months of the year, a temporary application of annual rye will be utilized until the following spring when the millet and coastal bermuda can grow successfully. A suitable, biodegradable fiber matting will also be used to prevent seed washoff and provide soil stability during germination and root development. Other native ground cover types which may appear within the buffer (which do not threaten the planted trees and shrubs) will be allowed to volunteer into the sloped bank area through seed source dispersal or rhizomal spreading. 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: 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. -_ ?5 S,vary - nd ?° 2°.' Y/- p[LL"- ?/ 9a? _ o..?l ?0 O (? 1 / ~ ? 133 r-oo \ I• i 3w e _-I / 1 y cornet RLL ? '.e0 / ?` ? ? 4? - C Y / J $ 1 / rR? - . NOR ', - - . O ?[l.• ?y 2 FON+SON \ - -` / ? s _?- \ ` ??:1 - y\ .SO l I+ ~t ? ' '? --\ Nip _ ?t : v ` - _ i? TP r 1 + _.-1-/-\?fr_y.:-?:?' iy^ ,``'•, YMrX -Gv7•+ ??, ( ----? ,' )/ (s,F _ =' v 1I \ l1ANi0?"RD ? i Je7 Y P°'d _ t .` (I I V+ / - ° ? d?v?d e \\\ ? o rNOr ` ? -/?/? '? l J\ '°or -- y? \?atr ~ , Towe,s ? ? ; i 9 - ? Cat Posy Frw \ 17 da,= \' a ? A \. c ?'\'\ \ - a \ I ` ? ___-( .. 'lco?o?t?7 C T I -'FIytr Carollna.6 1 Po ' p 'Ixy C ELPi ACH a } II/ ?a _ , /N ( o - IHaK . . r., sa,?m ?- _ 1 * tta(e P .. ?h (`\. Brufisw n „2 \ ark fl e° i\\ _ Gam. j _ \ , 1 _ so i ) _( ? c,' A 1 / I 421 Pi '( - 4aE ,Nlxh 1 i ?uetl OWS -` P _ 133 - - - S /IC. \ - - .Zl. er Wilmin ame on H j Beach ' OCE ) 1. ITA [. / ?• I! 87 _?` I SUt'+(•IY PQ(FiT r-: lanal °o .,`? _ - `. \, i 1 Kure Beach I r \a -------- P '"°' _ s Kira Beal 3 \ ' gytyraWN, FORT FISHER AIR FORCE STA E?? \?"?? _ _ ? \ _\i`' / - \\- ' .. 111 ??.,+'?_-? ^^^ ?J? f? v alx? . ' 211 ' L _ \ _ I? 421 5 - '+. /,l . oC? 5 F i Flsher rt Fisher Fort fisher SRA i, .., I J\ rt B ^ ,° ^'y / F1 /STATE Price's Creek ,,orz zar}?C i Ltghttrous r l "slice a ,? ~ South Wtto HER ECREATION AREA ^ ? O All p t ?l cf Fort Fisher Ferry County a 1 rt - ? ? 71 '^AW? rh i fr a f C dnt ... P _ Long Beach ??? c r~'? 133 I I f j ! ~ ' "?'? 1 a11?• - ; ., , eaRen ; srnr s S`ela a ? .? ? ? p,...* ; - ? ?? 4; Long Beach Ocean Cres[ Beach Oa,F rit Ao ?SJ-no' Oak sla d CFor II ' a Caw, Beach f- - Said Head Lighthous Cape Fear C E A N SCALE 1' =- 2.3 MILES WATERS OF THE US MITIGATION FINGER TRACT FOR 1.26 ACRES OF WATERS IMPACT 2 0 S co m° co W U I Q AREA TO BE BACKFILLED FOR BUFFER AND FUTURE ACCESS EXISTING POND LIMIT EXISTING OUTLET STRUCTURE Vi • AZ O? 0 ?v OJ N W W ...•? *4000 m? ? ,moo 404 WETLAND O /?o- z "/ \L/ FINISHED POND AND BUFFER NOT T( BE USED AS TREATMENT FEATURE SCALE lip= 100' Q<v O 30' NATIVE VEGETATED BUFFER TO BE ESTABLISHED AREA OF POND SURFACE TO REMAIN, APPROXIMATELY 1.65 ACR W O?TC/y T ? eF Fj??FO PHOTOS LAND MANAGEMENT GROUP, INC. REPRESENTATIVE 'WATERS' IN EXISING DITCHES TO BE FILLED REPRESENTATIVE POND SHOWING VEGETATED BUFFER AND AQUATIC HABITAT 001094 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 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 St. James Development Co., LLC agent is not required) Steve Morrison Environmental Consultant Land Management Group, Inc. 6. APPLICANTS ADDRESS 9. AGENT'S ADDRESS St. James Development Co., LLC Land Management Group, Inc. P.O. Box 10879 P.O. Box 2522 Southport, N.C. 28461 Wilmington, NC 28402 Attention: John Atkinson 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 on-site contact at St. James. 11. 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. St. James Development Co., LLC, Applicant 'g l"' O Date NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTMTY 12. PROJECT NAME OR TITLE Finger Tract Corrective Action Plan 13. NAME OF WATERBODY, IF KNOWN (f applicable) 14. PROJECT STREET ADDRESS (if applicable) Headwaters area of Unnamed Tributary to Beaver Dam N/A Creek and headwaters area of Jump and Run Creek. -- -- PAYMENT RECEIVED 'AUG 1 8 2000 fJn:, n J;. II 15. LOCATION OF PROJECT South side of hwy 211, 1.5 miles west of hwy 133 intersection. COUNTY Brunswick STATE N.C. 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN Tract immediately east of Arbor Creek subdivision. 17. DIRECTIONS TO THE SITE From Southport, west on hwy 211 to 1.5 miles past hwy 133 intersection, tract on left (south) side of highway. 18. NATURE OF ACTIVITY (Description of project, include all features) Ditch fill and plugging work. 19. PROJECT PURPOSE (Describe the reason or purpose of the project) See Attachment to Application for Department of the Army Permit (enclosed) USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. REASON(S) FOR DISCHARGE Wetiand restoration/enhancement and soil erosion/sedimentation control. 21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS Native sandy material from ditch/pond excavation, approximately 86,712 cubic yards 22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED 3.56 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 WATERSODY See attached list of adjoining property owners. 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 NCDWQ Corrective Action Plan NIA Submitted 2/25/00 NCDLR Erosion Control Plan 990902SR Submitted 7/25100 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 duty authorized agent of the applicant. St. James Development Co., LLC, Applicant 1X0/0 C 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: Finger Tract, Highway 211, Brunswick County, North Carolina Date of Application: August 10, 2000 19. PROJECT PURPOSE The purpose of this project is to plug or fill the ditches on the FingerTract located to the south of Highway 211. This work will be done in accordance with the Corrective Action Plan dated June 2, 2000, a copy of which is being submitted with this Application. A total of approximately 51,800 linear feet of ditches (approximately 3.56 acres of "waters of the U.S.") will be plugged or filled. As shown on the Corrective Action Plan, the ditches to be filled or plugged fall into three general categories as follows: (1) ditches in wetlands; (2) ditches along the edges of wetlands; and (3) upland ditches located more than 50' from the edge of any wetland. The ditches in category (1) will be plugged at the edge of the wetland, with the plug extending into the wetland for a distance of approximately 50'. The ditches in categories (2) and (3) will be completely filled. A total of approximately 33,400 linear feet of wetland ditches (approximately 2.30 acres of "waters of the U.S.") will be plugged or filled. The plugging and filling of these wetland ditches is anticipated to result in restoration and enhancement of wetland hydrology within the delineated wetlands adjacent to such ditches. There are a total of approximately 142 acres of wetlands on this tract. A total of approximately 18,400 linear feet of upland ditches (approximately 1.26 acres of "waters of the U.S.") will be filled in order to address soil erosion and sedimentation concerns. The filling of these ditches is not expected to result in the restoration or creation of wetlands. Mitigation is proposed for the 1.26 acres of upland ditch "waters" as described and depicted in the mitigation plan being submitted with this Application. The Corrective Action Plan has been submitted to and reviewed by the Division of Water Quality ("DWQ") of the North Carolina Department of Environment and Natural Resources ("DENR"). DWQ has instructed the applicant to proceed with the submittal of the pre-construction notification and application for a 401 Water Quality Certification. That application is being submitted concurrently with this submittal to the Corps of Engineers. The applicant has also submitted an Erosion and Sedimentation Control Plan to the Division of Land Resources of DENR. Upon approval by DENR, the landowner will need the Corps of Engineers permit in order to carry out the Corrective Action Plan. Attachment to Application for Department of the Army Permit Pr 'ec : Finger Tract, Highway 211, Brunswick County, North Carolina Date of application: August 10, 2000 24. ADDRESSES OF ADJACENT PROPERTY OWNERS Beaver Dam Partners, LLC P.O. Box 11219 Southport, N.C. 28461 Walter Hill & Associates 6101 E. Oak Island Drive Oak Island, N.C. 28465 Southeast Brunswick Sanitary District P.O. Box 4335 Southport-Supply Rd. SE Southport, N.C. 28461 - ' + I g3 133 ^ ? _....,, 14 6- ? - // +?' Ntf, _ `?• ? _ _ + Ru?? ! ,\1 rG' E" ? 1A _ - ?O ' t? a X K i •_ ' / , ??` y .1==_ o o * - er ( ? I .W a. ?? ' 1 ?'r y4 rD r IMOIaIiAN. \ zsa ?ytb " (nT lJ r - °,NE°JO-4°- , r. U+t°ld. y ' _' I 1... IZ , ? E ~ 1? al , _ V.' I yI . ? Towers` r e 4 sr' Ee y4ii F e •4,o q ., 1 _ - OK_ - ,r ` e Y / '?, J , wveA ?,r Carol Fisher roil aA /CH ? `! b N R o r \ -L 1 - 4\ tate O J: Bsw nl) ...,, .y \ ? ark ^ l a _ e _ n^9 , r ? . Anrgrlr - ?Y-? + ` !" J/) CEnter Pler ^• ?? r i Bead'. ? - RE" f ., I?` , h n 9r o ? x d _ - -..?_ r . _ r0 N(VY RQIFI' larval Kure Beach I. - ?3E211 va \____ -a ?> i '` 1 --------- .- _ - - _ ., (vf1j 1 `r lpn, 1 - 4 ?^ SWt - i \ \ j. v\ ?._ = \ l r-?? , goe _P, •n? J FORT FISHER - AIR FORCE STA 1 , tom` ii1P. / `?i , ? - _ .. Smtt .,.,?. - -? \ - _ _ _ ' ._llaE: \\ .. - - - 3 211 + \ `XE ? IT J5 "? 4 _ ' p l c e3 ? otynt . %?n / v' J( 9 c£ .. 421 5 F -- / R F laha Fisher ,, ? - J n n' - ?, suww?a / t / 1 •• ' r n-.?/ ?e t?8,? 'sagas/vo it .f y ?'P n F1 Re n„ /SPATE fisher SRA - 340 ECREATON AREA $ i 1 / .. o? y t ?\ -' .. `\'?' ?--? ?, ._. ,. K° / 87 =ice W ` % / .`? a _,y -'t?tiyl'tTC' f( P 9p7 Price's Creek Ns Z, o r. [ghthduw d H G ,S1 ,a?RE SOUrhppK40 r c !? Fort Fisher 1e smns CAU HAli AY _ n 11 -? \ , \ I I ------- OR,OM•IfY• r?,V ) ?'?` V . pe` _ _ 7 '/ i??? M r AIERW -_ 1 CAN / ?? ? ? _ I , CBIM1/?p ti ? 2n??: SOU[rWeu-?,. / 133 - - .Long Beach - Ocean Crest YB? c'art', .. - rr< ,o /saner Oak island' Fort fglft}ouse C-il ?f '.??I>? a r ;l ?O-? / C D 6 Beach rte^l. m ' _ -. - - N9„??j \ >y ` / I'L - Bald Head Li hthous arif ..d I Cape Fear f c E A N SCALE ,-1 2 3i I LES I Notes: This mop shows existing ditches to be plugged or filled and 404 wetlands. The ditch locations are based on GPS field locations and an aerial photo doted March 2. 1999. The 404 wetlands ore as shown on o delineation field survey prepared by a registered surveyor and approved by the Corps of Engineers on November 17. 1998. The existing ditches fall into three general categories as follows: (1) ditches in wetlands; (2) ditches along the edges of wetlands; and (3) upland ditches located more than 50' from the edge of any wetlond. Some Ionp the of ditch include segments that fall into more than one category. The ditches in category i1) will be plugged at the edge of the wetland, with the lug extending into the wetland for a distance of approximately 50'. The ditches in categories (2) and (3) will be completely filled The plugging and filling of wetland ditches in categories (1) and (2) (o total of approximately 33.400 linear feet) is anticipated to result in restoration and enhancement of wetland hydrology within the delineated wetlands adjacent to such ditches. The filling of upland ditches in category (3) (a total of approximately 18.400 linear feet) will address soil erosion and sedimentation concerns. Uplands located outside of the delineated wetlands will not be converted to wetlands as part of this project. CORRECTIVE ACTION PLAN FOR FINGER TRACT BRUNSWICK CO., NC. Mop Revised June 2, 2000 Legend Project Boundary Ditch to be Plugged Ditch to be Filled Ditch to remain Existing pond to remain Existing spoil pile Wetlands Proposed access road R 0-2' Depth 2-6' Depth GRAPHIC SCALE (M FEW) i inch = 600 !t. Wetlands Tracking Projects ? Totals M Print Facility Name Finger Tract c/o St. James Development Co. Project Number 00 1094 O Inactive Project Type purpose of ditch fill and plu- Location Beaver Dam Creek County Brunswick County2 Region NN'ilmin,J DCM Office Wilmington COE Office Wilmingt 401s Last Total Total Total Total Mit Recvd Sent to Recvd Action 401 401 Acres Mit Recvd From Date Region Region Date Last Action Acres Feet Feet APP 8/18/2000 8/23/2000 ] 0l2/2000 Issue General 51 Sol). 00 GE) 1 .?? 401 Total for Project: 51800.00 Inspections/ Violations Inspection Date Inspector Compliant Letter Type Date Sent Reply Date Current St O ) O ,.inspect. ti MEMORANDUM To: John Dorney Regional Contact: 1. Steenhuis Non-Discharge Branch WO Supervisor: Rick Shiver Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Finger Tract c/o St. James Development Co. County Brunswick Project Number 00 1094 County2 Recvd From APP Region Wilmington Received Date 8/18/00 RRecvd By Region Project Type ditch fill and plug Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. ?. F F Stream 77-@ N? r F-4-30-11-1F SW 30,754. F r ?- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y O N Recommendation: Q Issue 0 Issue/fond 0 Deny Provided by Region: Latitude (ddmmss) 335653 Longitude (ddmmss) 780434 Comments: This office has no objection to the projet as proposed. cc: Regional Office Central Office Page Number 1