19860149 Ver 1_COMPLETE FILE_19860415

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A Sa STATE q,
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor April 16, 1986 R. Paul Wilms
S. Thomas Rhodes, Secretary Director
Ms. Marlene B. Baruch
Investment Holdings Development Corp.
802 Birch Lane, Suite D-2
Rernersville, NC 27284
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Fill in Wetlands
Investment Holdings Development Corp.
Moore Street, Southport
Brunswick County
Dear Ms. Baruch:
Attached hereto are two (2) copies of Certification No. 1905
issued to Investment Holdings Development Corporation dated April 16,
1986.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Signed By
William C. Mills
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
Wilmington Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
r'
NORTH CAROLINA
Brunswick County
CERTIFICATION
THIS 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 Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to investment Holdings
Development corporation pursuant to an application filed on the 14th day
of February, 1986 to place fill material in a wetland area in
conjunction with a condominium project.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Cape Fear
River in conjunction with the proposed fill project in Brunswick County
will not result in a violation of applicable Water Quality Standards and
discharge guidelines. Therefore, the State of North Carolina certifies
that this activity will not violate Sections 301, 302, 303, 306, 307 of
PL 92-500 and PL 95-217 if conducted in accordance with the application
and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction-
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That fill material must originate from a clean,
upland source and shall consist primarily of sand
material.
3. That earthen embankments shall be stabilized with
vegetative cover immediately after completion.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 16th day of April, 1986 .
DIVISION OF ENviRONMMTAL MANAGMENT
Original Signed By
William C. Mills
for
R. Paul Wilms, Director
WQC# 1905
tr
A Na STAlp o
State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor April 16, 1986 R. Paul Wilms
S. Thomas Rhodes, Secretary Director
Ms. Marlene B. Baruch
Investment Holdings Development Corp.
802 Birch Lane, Suite D-2
Rernersville, NC 27284
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Fill in Wetlands
Investment Holdings Development Corp.
Moore Street, Southport
Brunswick County
Dear Ms. Baruch:
Attached hereto are two (2) copies of Certification No. 1905
issued to Investment Holdings Development Corporation dated April 16,
1986.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Signed By
William C. Mill
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
Wilmington Regional office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

NORTH CAROLINA
Brunswl C County
CERTIFICATION
THIS 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 Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Investment Holdings
Development Corporation pursuant to an application filed on the 14th day
of February, 1986 to place fill material in a wetland area in
conjunction with a condominium project.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Cape Fear
River in conjunction with the proposed fill project in Brunswick County.
will not result in a violation of applicable Water Quality Standards and
discharge guidelines. Therefore, the State of North Carolina certifies
that this activity will not violate Sections 301, 302, 303, 306, 307 of
PL 92-500 and PL 95-217 if conducted in accordance with the application
and conditions'hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction-
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That fill material must originate fron a clean,
upland source and shall consist primarily of sand
material.
3. That earthen embankments shall be stabilized with
vegetative cover immediately after co pletion.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall becane null and void unless the above
conditions are made conditions of the Federal Permit.
This the 16th day of April, 1986 .
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed By
William C. Mills
F'rR. Paul Wilms, Director
WQC# 1905
w ,n
DIVISION OF ENVIRONMENTAL MANAGEMENT
March 25, 1986
MEMORANDUM
TO: Bill Mills
Operations Branch
FROM: Michael F. Williams
Wilmington Regiona Office
Wilmington Regional Office R C I\1 ED
THROUGH: A. Preston Howard, Jr. Nli

9 8?
OPiATtONSr<A?ii,
SUBJECT: Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
Investments Holdings Development Corporation
Brunswick County
The applicant proposes to fill a transitional wetland area of approximately 10,000
square feet (240' x 40') for the purpose of developing a tract of land for condominium
structures. The site is located along Moore.Street in Southport, North Carolina, and
is adjacent to the AIWW and the Cape Fear River, classified SC.
The project has been reviewed to determine impacts to water quality. The following
comments are provided:
1. A 401 Certification will be required, and should contain the following conditions:
a. Fill material shall originate from a clean upland source and shall consist
of primarily sand material.
b. Turbidity in the receiving stream shall not exceed 25 NTU due to the project
activity.
c. Earthen embankments shall be stabilized with vegetative cover immediately
after completion.
2. This office has no objections to the project. The proposal appears to be
consistent with the EMC policy concerning wetlands filling.
MFW:kc
cc: Wilmington Regional Office
Central Files
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s
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28+02-1890
SAWC086-N-010-0143
REC E I V ED
1986
MAR 10
WOpERAIER BRACN ON
March 6, 1986
PUBLIC NOTICE
INVESTMENTS HOLDINGS DEVELOPMENT CORPORATION, 802 Birch Lane, Suite D-2,
Rernersville, No'rth Carolina 27284 has applied for a Department of the Army
permit TO PLACE FILL MATERIAL IN WETLANDS ADJACENT TO THE CAPE FEAR RIVER IN
SOUTHPORT, Brunswick County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
L representative of the Corps of Engineers. Plans submitted with the
application show placement of earthen fill in an area 250 feet long by 40 feet
lD1 wid 1,000 square feet). The transitional wetland area is connected to
waters of the Cape Fear River through a culvert under an existing minor road
crossing. The area is bordered on the north by Moore Street (S.R. 1528), a
secondary road to the west, and high ground on the south. An estimated 525
cubic yards of material consisting of sand and clay will be placed in
wetlands. Vegetative species present at the site include sedges (Carer spp.),
black needlerush (Juncus roemerianus), narrow-leaved cat-tail (Typha
angustifolia), black willow (Salix nigra), red maple acer rubrum), and big
cordgrass (Spartina cynosuroides). The purpose of the project is to create
high ground for condominium development. Plans showing the work are included
with this public notice.-
The applicant has determined that the proposed work is consistent with the
North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management for their
review and concurrence. This proposal shall be reviewed for the applicability
of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the
Clean Water Act by the North Carolina Division of Environmental Management.
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management.
c. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management or
their delegates.
It
-2-
d. The issuance of an easement to fill or otherwise"occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration and the North
Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources, pursuant to the
State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
The requested Department of the Army'permit will be denied if any required
State or local authorization and/or certification is denied. No Department of
the Army permit will be issued until a State coordinated viewpoint is received
and reviewed by this agency. Recipients of this notice are encouraged to
furnish comments on factors of concern represented by the above agencies
directly to the respective agency, with a copy furnished to the Corps of
Engineers.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
-3-
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after-
April 15, 1986.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before April 7, 1986, Attention:,
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Ernest Jahnke, until 4:15 p.m.,
April 5, 1986, or telephone [phone].
ZJ5?7(ZUA?
t
L. Warren
Lieutenant Colonel,
Corps of Engineers
Deputy District Engii
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-? PROPOSED FILL IN WETLANDS S / V
IN WETLANDS OF CAPE FEAR RIVER 1 cr c
1 d? ?'? d3 °? .11 ? /
1 AT SOUTH PORT, N. C. a ,
COUNTY OF BRUNSICK _ STATE NC '?mss r P
(APPLICATION BY: INVESTMENTS HOLDINGS 'e
3 DEVELOPMENT CORPORATION ,r a e•• '
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DIVISION OF ENVIRONMENTAL MANAGEMENT
r°
WATER QUALITY SECTION
Comments concern g an application for
/K 5 p C f State Permit(s) from
-01r

A. PERMIT:
This office cannot comment on this project until after the close of the Section
401 Certification Public Comments Period.
This office has no objection to the issuance of the permit(s) for the proposed .
project with the following conditions:
That the activity be conducted in such a manner as to prevent significant
increases in turbidity outside the area of construction or construction-
related discharge (increases of 25 NTU's or less are not considered
significant).
That the instream turbidity not be increased by more than 50 NTU's as a
result of the proposed activity after.a reasonable opportunity for dilu-
tion and mixture.
That turbidity levels in shall not be increased
by more than 10 NTU's as a.result of the proposed activity after a reason-
able opportunity for dilution and mixture.
B. CERTIFICATION STATUS:
Certification is not required
for this project.
Certification is required for
this project. Such action to
process the certification has
been initiated. Proposed
Certificat on will be acted on
or after /fir =.?•
The proposed project is.certified
under General Certification
A) No. 1179 issued on January 259 : D) No. 1431 issued on October 16,
1977, for sewer line construction 1980, for boat ramp construction.
B) No. 1272 issued on November 10, E) No. 1664 issued on September 8,
1978, for bulkhead construction. 1983, for Rip-Rap Placement.
C) No. 1273 issued on November 10, F) No. 1665 issued on September 19,
1978, for discharges of liquid 1983, for incidental bridge
effluent from diked upland disposal construction.

areas. e _

WATER QUALITY SECTION
DIVISION OF ENVIRONMENTAL MANAGEMENT
QUAM
State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
March 14, 1986
Mr. R. Paul Wilms, Director
Water Quality Section
Division of Environmental Management
Raleigh, North Carolina 27611
S. Thomas Rhodes, Secretary
Dear Mr. Wilms: 61
The attached U. S. Army Corps of Engineers Public Notice No. ted
MARCH 6,, 1986 describing a project proposed by Ime 4ngs Dev. Corp
is being circulated to interested state agencies for comments on applicable
Section 404 and/or Section 10 permits.
Please indicate below your agency's posit?op or viewpoint on the proposed
project and return this form by 6
Very sincerely,
John R. Parker, Jr.
404 Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
- No comment.
Signed
Date
Agency
JRP:jr./aw
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity / Affirmative Action Employer
w
? Y

VAR 10 1986
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers„
Post Office Box 1890 C`01kS'_'AL RESOURCES COMM.
Wilmington, North Carolina 28402-1890
SAWC086-N-010-0143 March 6, 1986
PUBLIC NOTICE
INVESTMENTS HOLDINGS DEVELOPMENT CORPORATION, 802 Birch Lane, Suite D-2,
Rernersville, North Carolina 27284 has applied for a Department of the Army
permit TO PLACE FILL MATERIAL IN WETLANDS ADJACENT TO THE CAPE FEAR RIVER IN
SOUTHPORT, Brunswick County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show placement of earthen fill in an area 250 feet long by 40 feet
wide (1,000 square feet). The transitional wetland area is connected to
waters of the Cape Fear River through a culvert under an existing minor road
crossing. The area is bordered on the north by Moore Street (S.R. 1528), a
secondary road to the west, and high ground on the south. An estimated 525
cubic yards of material consisting of sand and clay will be placed in
wetlands. Vegetative species present at the site include sedges (Carer spp.),
black needlerush (Juncus roemerianus), narrow-leaved cat-tail (Typha
angustifolia), black willow (Salix nigra), red maple facer rubrum), and big
cordgrass (Spartina cynosuroides). The purpose of the project is to create
high ground for condominium development. Plans showing the work are included
with this public notice.
The applicant has determined that the proposed work is consistent with the
North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management for their
review and concurrence. This proposal shall be reviewed for the applicability
of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the
Clean Water Act by the North Carolina Division of Environmental Management.
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management.
c. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management or
their delegates.
J
w
- y.
-2-
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration and the North
Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources, pursuant to the
State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
The requested Department of the Army permit will be denied if any required
State or local authorization and/or certification is denied. No Department of
the Army permit will be issued until a State coordinated viewpoint is received
and reviewed by this agency. Recipients of this notice are encouraged to
furnish comments on factors of concern represented by the above agencies
directly to the respective agency, with a copy furnished to the Corps of
Engineers.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being.eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.

-3-
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
April 15, 1986.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before April 7, 1986, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Ernest Jahnke, until 4:15 p.m.,
April 5, 1986, or telephone [phone].
r
L. Warren
Lieutenant Colonel,
Corps of Engineers
Deputy District Engii
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PROPOSED FILL IN WETLANDS s v tz,.
IN WETLANDS OF CAPE FEAR _ •a t? ' ('
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t AT SOUTH PORT, N. C. a
COUNTY OF BRUNSICK _ STATE NC b.1 ti o n ?n
(APPLICATION BY: INVESTMENTS HOLDINGS °3
DEVELOPMENT CORPORATION
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC086-N-010-0143
& : 11
RECEIV ED
MAR 10 1986
WAIER Q?ALIT RACK ON
OPERA
March 6, 1986
PUBLIC NOTICE
INVESTMENTS HOLDINGS DEVELOPMENT CORPORATION, 802 Birch Lane, Suite D-2,
Kernersville, North Carolina 27284 has applied for a Department of the Army
permit TO PLACE FILL MATERIAL IN WETLANDS ADJACENT TO THE CAPE FEAR RIVER IN
SOUTHPORT, Brunswick County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show placement of earthen fill in an area 250 feet long by 40 feet
wide (1,000 square feet). The transitional wetland area is connected to
waters of the Cape Fear River through a culvert under an existing minor road
crossing. The area is bordered on the north by Moore Street (S.R. 1528), a
secondary road to the west, and high ground on the south. An estimated 525
cubic yards of material consisting of sand and clay will be placed in
wetlands. Vegetative species present at the site include sedges (Carer spp.),
black needlerush (Juncus roemerianus), narrow-leaved cat-tail (Typha
angustifolia), black willow (Salix ni ra), red maple facer rubrum), and big
cordgrass (Spartina cynosuroides). The purpose of the project is to create
high ground for condominium development. Plans showing the work are included
with this public notice.
The applicant has determined that the proposed work is consistent with the
North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management for their
review and concurrence. This proposal shall be reviewed for the applicability
of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the
Clean Water Act by the North Carolina Division of Environmental Management.
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management.
c. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management or
their delegates.
-2-
d>°:The;issuance of an easement to fill or otherwise occupy State-owned
s'ubirietgejd lar?d'under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by"the North Carolina Department of Administration and the North
Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources, pursuant to the
State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
The requested Department of the Army permit will be denied if any required
State or local authorization and/or certification is denied. No Department of
the Army permit will be issued until a State coordinated viewpoint is received
and reviewed by this agency. Recipients of this notice are encouraged to
furnish comments on factors of concern represented by the above agencies
directly to the respective agency, with a copy furnished to the Corps of
Engineers.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
Y, #I*-
-3-
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance.of the Clean Water Act certification on or after`
April 15, 1986.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before April 7, 1986, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Ernest Jahnke, until 4:15 p.m.,
April 5, 1986, or telephone [phone].
e '(1 t?
ll!)4 . ow
L. Warren
Lieutenant Colonel,
Corps of Engineers
Deputy District Engii
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f PROPOSED FILL IN WETLANDS
IN WETLANDS OF CAPE FEAR RIVER 1 A D
AT SOUTH PORT, N. C. d? d B? r
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COUNTY OF BRUNSICK _ STATE NC
APPLICATION BY: INVESTMENTS HOLDINGS
DEVELOPMENT CORPORATION
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
February 27, 1986
IN HtYLY H"tM I U
Regulatory Branch
SUBJECT: File No. SAWC086-N-010-00143
RECEIVED
Mr. William Mills 2 8 1986
Water Quality Section
Division of Environmental Management WATER QUALITY SECTION
North Carolina Department of OPBROONS BRANCH
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Mills:
Enclosed is the application of Investment Holdings Development
Corporation, represented by Ms. Marlene B. Baruch, through
Mr. Gary Wirth of Edward D. Stone, Jr. and Associates,
Incorporated, for a Department of the Army permit and a State
Water Quality Certification to place fill material in the adjacent
wetlands of an unnamed tributary to the Cape Fear River, near
Southport, Brunswick County, North Carolina. Your receipt of this
letter verifies your acceptance of a valid request for
certification in accordance with Section 325.2(b)(ii) of our
administrative regulations.
We are considering authorization of the proposed activity
pursuant to Section 404 of the Clean Water Act, and we have
determined that a water quality certification may be required
under the provisions of Section 401 of the same law. A Department
of the Army permit will not be granted until the certification has
been obtained or waived.
In accordance with our administrative regulations, 60 days
after receipt of a request for certification is considered a
reasonable time for State action. Therefore, if your office has
not acted on the request by April 25, 1986, the District Engineer
will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Ernest Jahnke,
telephone [phone].
Sincerely,
""9' , -') "?-
Charles W. Hollis
Chief, Regulatory Branch
Enclosure
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Rob Moul
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
EDQA RECU,., . .. ;H
Edward D. Stone, Jr. and Associates, Inc.
Planners and Landscape Architects P.O. Box 837, Wilmington, North Carolina 28402 Phone: 9V A43-1515..
'FEB 1 4 1?36?
February 13, 1986
Mr. Ernest W. Jahnke
US Army Corps of
Engineers
Wilmington District
P.O. Box 1890
Wilmington, NC 28402
RE: Benjamin's Pointe #85793
Dear Ernie:
Enclosed please find the application for the required Corps of
Engineers permit for the above referenced project. Please
forward copies of the application to the appropriate agencies,
and notify us if any additional information is required.
SiDpe-r?ely yours,
U.erry e
Bodsford
Marlene Baruch
George Stanziale
Michelle Harris
APPLICATION
FOR
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION
RED „
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT ""'NCH
Department of Administration State of North Carolina Department of the Army
(GS 146.12) Department of Natural Resources and Community Development Corps of EnedWh, Wilml4iton District
(GS 113-229,141215.3(a)(1), 143-215.3(c), 113A-118 (33 CFR 2Q$,?e32a
. 1 4 ?986?
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank.
Applicant information
A.Name Investment Holdings Development Corporation
Last First Middle
B. Address 802 Birch Lane, Suite D-2
Street, P. O. Box or Route
Kernersville, North Carolina 27284 [phone]
City or Town State Zip Code Phone
11. Location of Proposed Project:
A. County Brunswick
B. 1. City, town, community or landmark Southport
2. Is proposed work within city limits? Yes X No
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project ,
Unnamed tributary of Cape Fear River
III. Description of Project
A. 1. Maintenance of existing project 2. New work XX
B. Purpose of excavation or fill
1. Access channel length width depth
2. Boat basin length width .depth
3. Fill area XX length 250 width 4' _depth Less than 1.0' below 404 line
4. Other length -width_ depth
C. 1. Bulkhead length Average distance waterward of MHW (shoreline)
2. Type of bulkhead construction (material)
D. Excavated material (total for project)
1. Cubic yards 525 2. Type of material sand and clay
E. Fill material to be placed below MHW (see also VL A)
1. Cubic yards 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipment:
A. Does the area to be excavated include any marshland, swamps or other wetland? Yes No X_ X
B. Does the disposal area include any marshland, swamps or other wetland? Yes XX No
C. Disposal Area
1. Location
2. Do you claim title to disposal area?
D. Fill material source if fill is to be trucked in _ Hiah ground
E. How will excavated material be entrapped and erosion controlled? Silt fence
' y.
1'. 1 ype of equipment to be used
G, Will marshland be crossed in transporting equipment to project site? If yes, explain No
Statement of Purpose: Fill to create high ground for condominium
development. ,
.81
10/78
` . r?. Intended Use of Project Area (Describe)
A. 1. Private
2. Commercial
3. Housing Development or Industrial
4. Other
B. 1. Lot size(s)
2. Elevation of lot(s) above mean high water
3. Soil type and texture
4. Type of building facilities or structures
5. Sewage disposal and/or waste water treatment A. Existing Planned
8. Describe
6. 'Land Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land Use Plan Synopsis)
VI. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No
B. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes-No
2. Type of discharge
3. Location of discharge
VII. Present rate of shoreline erosion (if known):
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable:
IX. Length of time required to complete project:
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the owner'to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on 8% X 11 "white paper (see instruction booklet for .
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
Mr. J. H. Mintz, 520 E. Moore St., Southport, NC 28461, 457-6653
(see location map)
XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved coastal management program and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat. Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE V ?3 ?9?tio
Applicant's Signature
9
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D&F-82 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS
Rev. 10/78
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IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
February 27, 1986
SUBJECT: File No. SAWC086-N-010-0143
Ms. Marlene Baruch
Investment Holdings Development Corporation
802 Birch Lane, Suite D-2
Kernersville, North Carolina 27284
Dear Ms. Baruch:
RECEIVED
MAR 03 1986
WATER QUALITY SECTION
OPERATIONS BRANCH
On February 6, 1986, we renewed general permit No. SAWC080-N-
000-0291 (enclosed), which provides Federal authorization for
construction activities that receive authorization from the State
of North Carolina.
A review of your application received February 14, 1986, for a
Department of the Army permit to place fill material in the
adjacent wetlands of an unnamed tributary to the Cape Fear River,
near Southport, Brunswick County, North Carolina, indicates.it to
be a candidate for Federal authorization under this general
permit. Accordingly, the administrative processing of your
application will be accomplished by the North Carolina Division of
Coastal Management. Comments from Federal review agencies will be
furnished to the State.
If your application must be withdrawn from this general permit
process for any reason, you will be written and informed of its
further management. If there are no unresolved differences of
State-Federal positions or policy, the final action taken on your
application by the State will result in your receiving written
notice from us that your application has been successfully
processed under our general permit. Only after receiving such
confirmation should you begin work.
Your application, pursuant to Section 404 of the Clean
Act, has been assigned No. SAWC086-N-010-0143 and will be
coordinated by Mr. Ernest Jahnke, telephone [phone].
available to address questions or comments you may have.
Sincerely,
Enclosure
Charles W. Hollis
Chief, Regulatory Branch
,J
Water
He is
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. William Mills
Water Quality Section
Division of Environmental
Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. Randy Cheek
National Marine Fisheries
Service, NOAA
Pivers Island
Beaufort, North Carolina 28516
Mr. William L. Kruczynski, Chief
Wetlands Section
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. Charles Jones Mr. Rob Moul
Morehead City Regional Office Wilmington Regional Office
North Carolina Division of North Carolina Division of
Coastal Management Coastal Management
Post Office Box 769 7225 Wrightsville Avenue
Morehead City, North Carolina 28557 Wilmington, North Carolina 28403
Mr. Gary Wirth
Edward D. Stone, Jr. and
Associates, Incorporated
Post Office Box 837
Wilmington, North Carolina 28402
i