20070795 Ver 1_401 Application_20070507

LM G
LAND MANAGEMENT GROUP irrc.
Environmental Consultants
May 3, 2007
~~~
0 7 0 7 9 5
TO: Ms. Kim Garvey
U.S. Army Corps of Engineers
P.O.-Box 1890
Wilmington, NC 28402
RE: Nationwide Permit 44 Application; Hardee Sand Mine; Mr. Randy Hardee
Brunswick County, NC
Dear Kim:
Enclosed is a NWP 44 application for your review. This application is submitted on
behalf of Mr. Randy Hardee fora 24-acre tract located off of Winding Way Road in Brunswick
County, NC. The applicant is proposing to mine sand from the site. Although he has attempted to
minimize impacts through careful site design, the proposed site plan shows impacts to 0.042 acre
of 404 wetlands. These impacts are needed to provide .access to uplands within the tract and to
provide a larger mining area.
The Pre-Construction Notification form, associated maps, and site plan are enclosed for
your review. Please contact me if you have any questions. Thank you for your assistance with
this project.
Sincerely,( , , ,
W v`~'-
Kim Williams
Wetland Scientist
Encl.
C: Mr. Randy Hardee
Mr. Jody Bland, Norris, Kuske, and Tunstall
Ms. Joanne Steenhuis, DWQ
Mr. Ian McMillan, DWQ
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www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402

12/07/2006 04:07 9102877005 RANDYSMEAT PAGE 01
Utc t77 dti U3:3?p Lend Mana6e+nent Group lno Flu-r~~uv~u •
ac>~Nr ~,uTxolizlizA~oN Fax1K
TO'-~'H()N! CT l~•tAX t;U'NCERN:
tiwe. dte uz1dersiP,ned, hereby authorize Land I~ianagemcut Group, Inc. to act as our agent m the
determination of jutrxsdictiortul wetland bourtcituies un the subject prokertY, Windiu~ Wary r,aae
off Koyal Oak io BXuloiswicl[ County, NC. 9y way of this Toms, .l'we additionally at.,tttozize
access to the site by tepresea;atives o£the U3 Ar»7,y Corps of Engineers actd/or the NC Division
of Coast~t Mltnagtnxent far the purpose of revitning the flagged wetland boundmry and
pmvidinp~ n fittat jttrisdictipnai determination. Any questions regarding the jurisdictional wetland
~tetermination should be dizected to .Lend Management Group, lac.
Pleat p~oyit g kl,,ie fotlq~_n~u~orrnatiuA: Q
Propcrty Andress and P~.n:e; YD Number: ~~~ E3 ~' ©_©I ~
('urrent Property tywoer Namz: ~~~Q!'~ ---
Owner Address tk ?hone Number: ~,~_._..l~ov ~ ~v P~~--~
Plcasc circle Ysrs o No the foUt~vvi ues ~ ns:
1/We are the curzenr ownera: ~ N0
UWe are undt:r contract tv puratw.se the xui~ject propeziy: `c'es ~'
UVde are urtdzr option to tsurchase the subject property: Yes
UWe tuave no legal interest in subject prc~otrty: es No
(i.e. sPeratative nequt~t - NU'1.'~: Site nccess will be trtectrieted without eaHce/wutborizatlun by
curve^t aw~r)
Print t~wnc?r's Na~m~
Owner`s Signa:tlte
(not required if undcT ~rontra~~t or under option)
~r~t.~
Print Appli~.ant's'Y e
- ~~'~r"
Apptic Signature
Hate .. _._

Office Use Only: Form Version March OS
USACE Action ID No. DWQ No. ~ 7 ~ 0 7 9 5
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing ~ ~ ~~ ~~~
~~~
Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
^ 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 44; GC3402
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information ~ ~E~ y~""'" ' "~" ` `~' ~ ~ t ~ E
~G
1. Owner/Applicant Information
fat ~;Y ~ 0l7
Name: Mr. Randy Hardee , ~~; ~,
~,-,. ~ ~ ~ .R,A~t(,N
Mailing Address: _ 131 Houghton Place ""'~~'° ~ " "'
Sunset Beach, NC 28468
Telephone Number:~910) 443-1065 Fax Number: [phone]
E-mail Address: N/A
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Kim Williams
Company Affiliation: Land Management, Group, Inc
Mailing Address: P.O. Box 2522
Wilmington, NC 28402
Telephone Number: 910-452-0001 Fax Number: 910-452-0060
E-mail Address: kwilliamsnlmgroup.net
Updated 11/1/2005
Page 1 of 8

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Hardee Sand Mine
2. T.LP. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 1500000109
4. Location
County: Brunswick Nearest Town: Shallotte
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Wilmington take
US 17 South towards Brunswick County. Follow to Royal Oak Road between Cumbee Road
and NC 130. Take a right onto Royal Oak Road and follow SR 1346. Take a left onto SR
1346 and another left onto Winding Way Lane. Property will be on the left~ust past the
curve.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 34.0248 N 78.3402 W
6. Property size (acres):
7. Name of nearest receiving body of water: Royal Oak Swamp
8. River Basin: Lumber River Basin
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/ma~s/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Tract is currently undeveloped except for a dirt road that
extends throu hg the propert~iacent land use is forested, residential, or agriculture.
Updated 11/1/2005
Page 2 of 8

10. Describe the overall project in detail, including the type of equipment to be used: The
proposed project will consist of a sand mine. Silt fences will be installed around wetlands.
The proposed culvert will be replaced at existing crossing and this crossing will be widened.
Sand will be mined from approved areas. A mining_permit has been applied for.
11. Explain the purpose of the proposed work: To provide access to uplands within the tract
and to provide a larger minim area.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. Wetlands within the tract were delineated by Land Management Group,
Inc. and approved by Ms. Jennifer Frye of the U.S. Army Corps of Engineers. We are currently
awaiting a finalized survey from the surveyor.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No additional wetland impacts are anticipated on this site.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
The applicant proposes to impact 0.042 acre of 404 wetlands.
Updated 11/1/2005
Page 3 of 8

2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
1 FilUculvert forested no 350 ft 0.031
2 Fill forested no 250 ft 0.011

Total Wetland Impact (acres) 0.042
3. List the total acreage (estimated) of all existing wetlands on the property: 2.834
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must he included. To calculate acreage. multiply length X width, then divide by 43,560.
Stream Impact

Number
(indicate on ma)

Stream Name

Type of Impact
Perennial or
Intermittent? Average

Stream Width
Before Im act Impact

Length
(linear feet) Area of

Impact
(acres)
n/a

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill- excavation- dredging- flooding- drainage. bulkheads. etc.
Open Water Impact Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on map) ocean, etc.) (acres)

n/a

Total Open Water Impact (acres)
6. List t]
Updated 11/1/2005
to cumulative impact to all Waters of the U.S. resulting from the project
Stream Impact (acres): 0
Wetland Impact (acres): 0.042
Page 4 of 8

Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0
Total Stream Impact (linear feet): 0
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The applicant attempted to minimize wetland impacts to the greatest extent possible. Impact #1
is needed to gain access to uplands within the site. This crossing has been positioned at an
existing road crossing to minimize impacts Impact #2 is needed at a small wetland finer that
extends into the site It would be difficult to avoid this finer and still maximize the amount of
valuable upland sand material to be mined around it.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Updated 11/1/2005
Page 5 of 8

USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The applicant will plant the edges of the mined areas with native herbaceous and woody
vegetation as requested by the WRC. A 50' upland buffer will be maintained around a
majority of the wetlands (see site plan). Because total wetland impacts have been minimized,
no further mitigation is proposed.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): n/a
Amount of buffer mitigation requested (square feet): n/a
Amount of Riparian wetland mitigation requested (acres): n/a
Amount ofNon-riparian wetland mitigation requested (acres): n/a
Amount of Coastal wetland mitigation requested (acres): n/a
Updated 11/1/2005
Page 6 of 8

IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federaUstate/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact Multiplier Required
(square feed Mitigation
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
Updated 11/1/2005
Page 7 of 8

XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
Stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. There is no existing or proposed impervious
surface for this ~roiect Flow spreaders and vegetated filters will be used to control Stormwater
during mining, Silt fences will also be used.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
No wastewater will be generated from this protect
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this anafter-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
The project entails the mining of sand from this tract and will not result in additional
development No roads or utilities will be provided to other tracts as a result of this protect.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A __
r'3a~-
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 8 of 8

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