19870025 Ver 1_COMPLETE FILE_19870730

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 R. Paul Wilms
S. Thomas Rhodes, Secretary July 30, 1987 Director
Mr. Bill Benson
P.O. BOX 1215
Wrightsville Beach, NC 28480
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Fill in Isolated Wetland
Bill Benson
Benson/Sprant Heirs Tract
New Hanover County
Dear Mr. Benson:
Attached hereto are two (2) copies of Certification No. 2121
issued to Bill Benson dated July 30, 1987.
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
LW. William Mills
Mr. David Owens
Ms. Margaret Cray, R.L.A.
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

NORTH CAROLINA
New Hanover 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 Bill Benson pursuant to an
application filed on the 18th day of May, 1987 to fill isolated wetland
areas on the Benson/Sprunt Heirs Tract.
The Application provides adequate assurance that the discharge of
fill material into an isolated wetlands area in conjunction with the
proposed subdivision development in New Hanover 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 NZV's or less
are not considered significant).
2. That all fill material be from an upland source,
free of any toxic materials.
3. That the work be accomplished in such a manner
as to avoid siltation of adjacent wetland areas.
4. That all embankments be stabilized with vegetation.
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 30th day of July, 1987.
DIVISION OF ENVIPCNMENTAL MAN T
Original Signed By
William C. Mills
For..-
R. Paul Wilms, Director
WQC# 2121

y?SEVEo
Ww
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 R. Paul Wilms
S. Thomas Rhodes, Secretary July 30, 1987 Director
Mr. Bill Benson
P. 0. Box 1215
Wrightsville Beach, NC 28480
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Fill in Isolated Wetland
Bill Benson
Benson/Sprunt Heirs Tract
New Hanover County
Dear Mr. Benson:
Attached hereto are two (2) copies of Certification No. 2121
issued to Bill Benson dated July 30, 1987.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Signed By
William C. Milts
For
R. Paul Wilms
cc: Wilmington District Corps of Engineers
Wilmington Regional Office
Mr. William Mills
Mr. David Owens
Ms. Margaret Cray, R.L.A.
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
A '! '10
NORTH CAROLINA
New Hanover 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 Bill Benson pursuant to an
application filed on the 18th day of May, 1987 to fill isolated wetland
areas on the Benson/Sprunt Heirs Tract.
The Application provides adequate assurance that the discharge of
fill material into an isolated wetlands area in conjunction with the
proposed subdivision development in New Hanover 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 all fill material be from an upland source,
free of any toxic materials.
3. That the work be acca plished in such a manner
as to avoid siltation of adjacent wetland areas.
4. That all arbankments be stabilized with vegetation.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall became null and void unless the above
conditions are made conditions of the Federal Permit.
This the 30th day of July, 1987.
DIVISION OF ENVIRIONNENTAL MANAGEMENT
Original Signed By
William C. Mills
Far R. Paul Wilms, Director
WQC# 2121
A
I

.?
DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM

DATE:
July 24, 1987 D p
n E C E i V E D
TO: Bill Mills JUG 2 g 1,987
Operations Branch

FROM:

David H. Cotton WA- If
UAL; r r ON
''i A t rj? 8;?fh

.Wilmington Regional Office NCH
THROUGH: A. Preston Howard, Jr.
Wilmington Regional Office
SUBJECT: Regional Office Review & Recommendations
Application for Permit for Excavation and/or Fill
Benson/Sprunt
New Hanover County
The applicants are proposing to place approximately 8 cubic yards
of fill into an isolated wetland. The project will require a 401
Water Quality Certification, the certification should contain the
following conditions:
1. That all fill be from an upland source free from toxic
material.
2. That the work be done in such a manner that there isn't any
siltation of adjacent wetlands.
3. That all embankment be stabilized with vegetation.
This office has no objection to the project as proposed.
DHC:kc
cc: CF, WiRO
0,
f
KIHE
MCKIM & CREED ENGINEERS, PA
243 North Front Street
Wilmington, North Carolina 28401
RECE!VE7)
MAY 1 8 ;087
May 12, 1987
D.E.M.
P. O. Box 27687
Raleigh, N.C. 27611
Attention: Mr. Bill Mills:
Re: Berson/Sprunt Heirs Tract Water
Quality Certification
Dear Mr. Mills:
WATER 01 '4 Vin.
Ilnr R% ril!i ,
MCE87012
Enclosed please find correspondence with the Regulatory Branch dated
May 4, 1987 and May 7, 1987, the Wetlands Boundary Map and the Water
Quality Certification form.
The plan conveys information pertaining to Wetland areas (tables and
distances) and the roadway crossing (cross-hatched area).
The amount of fill material required has been approximated to be 8
cubic yards. Road alignment is intended to follow grade with the
majority of structures on piers.
Please review. If additional information is required, please call,
sincerely,
MCKIM AND CREED ENGINEERS, P.A.
MargaretA. Gray, R.L.A. ,III
MAG/dlm
Enclosures
Wilmington, North Carolina - 919/343-1048 • Rocky Mount. North C wnfina - 4t9 ?ea.F ,rr

r
kEC,E!uc?
A"UCATION
FOR MAY 1 8
PERMIT TO EXCAVATE ANOMR FILL WATER QlJALM f j{I?
?-?? ?T11
EASEMENT IN LANDS COVERED 8Y WATER CXUA PERMIT FOR MA? &Wibh
Ovow"MM of A40Wftk WJ1" Sts" N Monk C MUwa 0e0eFC111-4 Of Ow Anwy
(05 146-121 Oe0- 44 of Mature( tteewrcar an/ Ce-~41y Oerelopmeae cartraoi Ert h%iier? wtlmbWaee IUMUt
(GS 111229, 14121S.3(8141). 115.213.3(t). 112A•1is (33 C? It "11.320.3")
Mum type or print and fill in all blanks If information is not applicable, w indicate by placbr NIA In blank.
1. Applkant Information
A. Name Benson, Bill
1 ast First Middle
B. Address P. 0. Box 1215'
Street. P O. Boa car Roust
Wrightsville Beach, N.C. 28480 256-5745
Cav )r Town Statc Zip Code Phone
IL L.ecation o! Proposed Protect.
A. County New Hanover
IL 1. City, town, community or landmark Wilmington
2. Is proposed work within city limit,? Yes No X
C Geer, river. ,ound or bar upon which protect is located or neatest named body of water to project
Atlantic Intracoastal Waterway
111. Description o/ Project
A. 1. Maintenance of existing project 2. New work X
s. Purvose of excavation or rill
1. Access channel N/A length width depth
2. Boat basin N/A length width depth
. 2T
3. Fill area See Plan length
30 width 3 depth
4. Other N/A length width death
C 1. Bulkhead length N/A Average distance waterward of MHW (shcrettne)
. 2. Type of bulkhead construction (material)
0. Excavated material (tool for project)
1. Cubic yards N/A 2. Type of matenal
E. Fill matertul to be olacedbfII w MHW (see al?o NI A)
1. Cubic yards N // 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipment
A. does the area to be exc.4vated Include any marshland. %wamps or other welland) Yes No X
B. Dogs the disonul arcs Include anv mainland, swamps or usher -etland 0 Yes No X
C. Disposal Area N/A
1. locaunn
2. do you claim title to dtsoosal u' N/A
D. Fill material LIu16t it till Is lu be tfuc6cd in Onsite Material
E. How will cxuvatcd mattrlal be envapped and erosrnn ionlrolledr In accordance with local
erosion control regulations
F. Type of equipment to he used Standard earthmoving equipment
Q Will marshland he rinsed in transporting equipment to protect ate' II yes, explain No
Oa F-41
Rev. 10/7•
? 1 r w
e
V. ilrrid Ure of ?++iret Apse (Oftaftj
A. L Minis 30 Lot subdivision
2. C&fflwmT-W
3. Housing Oeeeioemewt or Indus fW
L Other
L I. Lac use(s) 12,000 SP Average_____
2 Elandon of lot(s) above ~" hitch wator 3-26'
3. Sail type and tsatarrs Wakulla b Leon; sand to loamy sand
4. Type of building facilities at unscnares simile family detached homPa
I Uwap diwasal and/or waste wuw treatan"t A. Exisurl 14MM d
ft Deseatba Pressure collection system utilizing grinder pumps
L Land Classtfieattnsrt (ord. ere) OEVELOf'`TRAtiIt tlmJl` A;. COMMUNITY RURAL.
CONSERvATIUf+ & resource _ (See CAIMA Local Laid Use -an Synoosk)
YL lhrtaining to Fin and Water Quality protection
A. Dees the orooosed ornlett.rvolvr the clacvrtant tsf rill materw%hett w -ean'ir=h water? Y.s No
L 1. Will any runoff or dncharge enter adjacent waters as a result of praect +cirvity or planned usa of the
yea following prowct : NglAetiona Yes- Me X
2 Type of diwharge //
3. Location of disc«yip N/A
VII, herrtt rate of shoreline erosion (if known): N/A
VUL t.bt Vwh% t numben and issue dues of orv.iew OeoartMent of 4rmy Cs." of Enpneers s Siam pwnwu for
. wt In proieef area, it aoolkable: Nationwide Permit No. 14
LX Latgde of dww mouired to com viete prefect: 1} r.
X le adrlhMw to the cawoieted aeolitaden feeM the fdlewim lame wma be prow
Atsaeh a copY of the dead (with Staa aooikation only) or ather tn"n n+ent under which avolscant
daunt, title to the affected orvowtV. OR If aooiieant Is not claim ill to be the own of tasd propwrt.
Own forward a coov of the deed or *~ instrtormot under which the owner cla m% tide plus written
permission from the owner to carry out the oroiett om his land.
LC Attach an accurate weak plat drawn to scale on 415 X 1 I" white paver (see instruction hooldet for
details). Note: Original drawings preferred • only h.qh auality topics acccoted.
CY A copy of the aoolrcatron and olat must be served upon adiacent rsoarsan landowners by tcgrttered w
certified marl or by out:6catson (G.S. 113.229 (d))Enter date served
DY List names and comolete addresses of the moron landowners with oroowty adio"rnl aoolwnt's.
Such ow•en have 30 d.vs in v.h,ch to submit can.ments its avenues lines below.
XL Certification requirement: I certify that to the best of MY knowledga, the proposed activity compues
with the State of North Carohnay approved coastal mamuevrnent oropam and will be conducted n a
mamwr consistent with such program.
XU, Any permit issued pursuant to this aoplscatinn will allow only the development dewsbed in thn aogh '
cation and plat. Aoolicants should therefore descritst in the aaelic.atton and plat all anticipated devel-
otswsent activities, includint cons"ClOn. excavation, filling, and land clearing.
DATE Li X?z
Atrelicant's signature
r
DEPARTMENT
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
May 7, 1987
IN REPLY REFER 70
Regulatory Branch
SUBJECT: Nationwide Permit No. 14
? OF THE ARMY
I, WILMINGTON DISTRICT, CORPS OF ENGINEERS
I /
Y? I
Ms. Margaret Gray
McKim and Creed
224 North Front Street
Wilmington, North Carolina ,28401
Dear Mr. Gray:
1
Thank you for your inquiry of May 4, 1987, regarding your
client's plans to construct a fill roadway across a wetland
off the Atlantic Intracoastal Waterway at the Benson/Sprunt
Tract in Wilmington, New Hanover County, North Carolina.
and Center Grove Township, Guilford County, North Carolina.
_9"0_6_4
For the purposes of the Corps of Engineers' Regulatory
Program, Title 33, Code of Federal Regulations (CFR), Part 330,
published in the Federal Register on November 13, 1986, lists.
nationwide permits. i
Authorization was provided for minor road crossing fills
including all attendant features, both temporary and permanent,
that are part of a single and complete project for crossing of a
non-tidal waterbody, provided that the crossing is culverted,
bridged or otherwise designed to prevent the restriction of, and
to withstand expected high flows and provided further that
discharges into any wetlands adjacent to the waterbody do not
extend beyond 100 feet on either side of the ordinary high water
mark of that waterbody. For this nationwide permit to be valid, you must comply with
the following conditions:
Any discharge of dredged or fill material will not occur in
the proximity of a public water supply.
W
.
-2-
The activity will not Jeopardize a threatened or endangered
species as identified under the Endangered Species Act, or destroy
or adversely modify the cultural habitat of such species.
The activity will not significantly disrupt the movement of
those species of aquatic life indigenous to the waterbody (unless
the primary purpose of the fill is to impound water).
Any discharge of dredged or fill material will consist of
suitable material free from toxic pollutants.
Any structure or fill will be properly maintained.
An individual State water quality certification must be
obtained or waived. Conditions of certification will be
considered to be special conditions of the Federal nationwide
permit.
The following management practices will be followed to the
maximum practical extent:
(1) Discharges of dredged or fill material into waters of the
United States will be avoided or minimized through the use of
other practical alternatives.
(2) Discharges in spawning areas during spawning seasons will
be avoided.
(3) Discharges will not restrict or impede the movement.of
aquatic species indigenous to the waters or the passage of normal
or expected high flows or cause the relocation of the waters
(unless the primary purpose of the fill is to impound water).
(4) If the discharge creates'an impoundment of water, adverse
impacts on the aquatic system caused by the accelerated passage of
water and/or the restriction of its flow will.-.be minimized,-!
(5) Discharge in wetland areas will be avoided.
(6) Heavy equipment working in wetlands will be placed on
mats.
(7) Discharges into breeding areas for migratory waterfowl
will be avoided.
(8) All temporary fills willlbe removed in their entirety.
v°
-3-
The District Engineer has determined that the individual and
cumulative adverse effects of your work on the environment will be
minimal. Your work is authorized by nationwide permit provided it
is accomplished in strict accordance with the preceding
conditions. Please be aware that this authorization does not
relieve you of the responsibility to obtain any required State or
local approval.
If you have questions, please contact Mr. Hugh Heine,
Regulatory Branch, telephone [phone].
Sincerely,
a s W. H lis
JA)
le , Regulatory Branch
Copies Furnished:
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
Mr. C. Robert Stroud
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue j
Wilmington, North Carolina 28403
- ..
,ileceivets By
MAY 11 1987
McKim & Creed Engineers
s
s
NU?
MCKIM & CREED ENGINEERS, PA
243 North Front Street
Wilmington, North Carolina 28401

MAY 18 1987
May 12, 1987
D.E.M.
P. O. Box 27687
Raleigh, N.C. 27611
Attention: Mr. Bill Mills:
Re: Benson/Sprunt Heirs Tract Water
Quality Certification
Dear Mr. Mills:
WATER QUA! IT;'
OPERA"ricm ?. , ".,,.;,, • ,
MCE87012
Enclosed please find correspondence with the Regulatory Branch dated
May 4, 1987 and May 7, 1987, the Wetlands Boundary Map and the Water
Quality Certification form.
The plan conveys information pertaining to Wetland areas (tables and
distances) and the roadway crossing (cross-hatched area).
The amount of fill material required has been approximated to be 8
cubic yards. Road alignment is intended to follow grade with the
majority of structures on piers.
Please review. If additional information is required, please call.
Sincerely,
MCNIM AND CREED ENGINEERS, P.A.
Margaret Gray, R.L.A.
MAG/dlm
Enclosures
Wilmington, North Carolina - 919/343-1048 • Rocky Mount, North Carolina - 919/446-6010
RECEIVED
All XAT1ON
-- FOR MAY 1 8 1987
PERMIT TO EXCAVATE ANO/M FILL WATER OUA?m ??I?ll ;ECTIQi1'
EASEMENT IN LANDS COVERED 8Y WATER CAAIA PERMIT FOR AIA
Ove rommt of Admiai UNJOit Stan of North GrSWA DWergamt M the AMY
(Gf 1Ki?1 (GfDeowlan"t of s3avairwf(si(seewem old Cerrr,-wd 0eealw"Od cair" of 20lrr'M a;?umint"n Obarks
PMatr type or print and fill in aA blanlta. if inforrnatim Is not applicable, so indicate by plackn NIA In blank.
1. Applicant Information
A. Nance Benson, Bill
First Middle
P. 0. . Box 121 hst
B. Address
Street, P 0. Box at Route
Wrightsville Beach, N.C. 28480 256-5745
(.itv ar Town State Zip Code Phone
IL Location of Proposed Protect:
A. County New Hanover
B. 1. City, town, community or landmark Wilmington
2. Is proposed work within city limits0 Yes -No X
C. Crnk, river. sound or bay upon which project is located or nearest named body of water to project
Atlantic Intracoastal Waterway
III. Oesicription of Project
A. 1. Maintenance of existing protect 2. New work X
5. Purpose of excavation or rill
1. Access channel N/A length width depth
2. Boat basin N/A length width depth
3. Fill area See Plan lenglft' 3_width 3 depth 21
4. Other N/A length _width depth
C 1. Bulkhead length N/A Average distance waterward of MHW (sheretine)
. 2. Type of bulkhead construction (material)
0. Excavated material (tout for project)
1. Cubic yards N/A 1. Type of material
E. Fill material to be placed b low MHW (see also V1 A)
1. Cubic Yards N7A 1. 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
8. Does the disontal area include any marsnland, swamps of other wetland' Yes No X
C. Disposal Area
N/A
1. Location
2. Do you claim title to disposal ea!_ N 7A
0. Fill material yiuice if lill is lu be trucked in Onsite Material d
E. How wia excavated material be entr4oped and erosion i.ontrolled' In accordance with local
erosion control regulations
F. Type of equipment to be used Standard earthmoving equipment
Q Will marshland he crmwd in transporting equipment to protect site' Il yes, explain
Oatr?1
Rev, 10/71
V. bwedad Urea d N.i+et Apo (Oa72101
A. L Prlvsft 30 Lot subdivision
2. CanrwercW - -
). HwAk% DwsWoonmt or Irxitrsatwl
4. OtAor
L 1. Lot dai(s) 12 , 000 SF Average
2. Eliw? Ww of loth) abewsr nwtan h.40 water 3-26'
3. Sell ty" and tsxttln Wakulla & Leon; sand to loamy sand
4. Typo of building faaams or ssrumns single family detaches d hnmpG
S. Sewatle disposal and/or waste wam treatment A. ExisuM Plamneitl X
D. Describe Pressure collection system utilizing grinder pumps
IL Laved Classification (circle nn:) OEVELOf `TRArv!?, rtrJhaE.:•:.:, COMMUNITY RURAL.
esource - (See CAMA Local Land Use Plan Synopsis)
C7NSEavAT1UN & resource*
VL Pwuiwint to Fill and Wain Qwittr protection
A. Does the orooosed oraiett :rvolve the olactmsnt of fill materials befog •.9ear013h water? Ys No ?'
L 1. WIN any runoff or discharge enter adlacent waters as a result of oromet acitvity or planned user of the
area following protect coN?Arionr Yes-sow X
_. Tyoe of divh.rge
3. Laution of discharge N/A
VIfL Ptartee rate of shoreline ere?ion (if known): N/A
VfUL Lin lawmk hanbers and issue dates of previous Oeosrtnnent of Army Corps of Eng weirs err Stab persona for
. wft in proioct area, if amoticable: Nationwide Permit No. 14
13L La mo of tiww mouirod to cow"Oem ova" t: lye .
X la adelhl.n to the commlowd aaolieaden (wrwn, dw (dleswh" users reuse be oreivided:
Auach a cony of the deed (with Stan application only) or o0w tnwument under which aootncawt
chigoe title to the affected orvoerty. OR It wolieant Is not cfairnine to be the ow tor of said oroowrtb,
then forward a coot of the deed or other hvwwn.wt under which the owner clam% title plus written
permission from the owner to carry out the,prpi"t on his4nd.
itl)C Attach an accurate work plat drawn to scale on 8'h X 1 1" white pacer Jeep instruction boomet (w
details). Note: Original drawings preferred • only h„lft quality copies aceeated.
(X A coot' of the aaolicat?on and plat must be served uoon adiaeent noarian landowners by registered sir
certified mail of by out:lication (G.S. 113.229 (d))Enter date served
19 List names and comolete addresses of the noartan landowners with proeerty adjoining applicant's.
Such owwen have 30 d.vs in which to submit com"wrtts to avenues listed below.
XL Cardfication requirerew t: I certify that to the best of my knowtedo, the proposed aciivtty cornptees
with the State of North Caroftnab aooroved coastal manaternent orovam and will be conducted n a
wAnew consistent with such program.
' Y
XIL Any permit issued ourswnt to this acoltcation will allow only the develooment desuibed in this appli
Cation and plat. Aooliunts should therefore describe in the atsolicatton and plat all anticipated devet-
ownent activities, including construe:ion, excavation, filling. and land clewing.
DATE
Aoelicant's Signature
9-1017-,
1 ~l?,
IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
May 4, 1987
Ms. Margaret A. Gray
McKim and Creed Engineers
243 North Front Street
Wilmington, North Carolina 28401
Dear Ms., Gray:
On April 30, 1987, you met with Mr. Hugh Heine of my staff
regarding your client's plans to develop property off the Atlantic
Intracoastal Waterway at the Harnett Township, New Hanover County.,
North Carolina.
Your client, Mr. Bill Benson, plans to develop the former
Sprunt Heirs tract. The wetlands had been previously flagged by
Mr. Mike Smith and Mr. Heine of this office. The purpose of'this
meeting was to verify the surveyed wetland alignment. After
taking several measurements with a 100-foot tape, these results
were compared to the scaled drawing. It was found that the
drawings dated April 1987 accurately; delineated the Corps' wetland
,jurisdiction. Therefore, Federal permits will not be required if'
all fill material is placed and retained at or landward to the
flagged alignment.,
i i
However, this determination'does not relieve you of the
responsibility to obtain any required State or local permits.
Should you have any questions, please contact Mr. Heine at
telephone [phone].
Sincerely,
60har a W. Ho is
ie , Regulatory Branch
Copy Furnished:
Mr. C. Robert Stroud
Wilmington Regional Office
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
Received By
MAY 8 1987
A. cKim & Creed Enginee? a

?•? DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
R I P.O. BOX 1890,
WILMINGTON, NORTH CAROLINA 28402.1890
May 7 1987 1
?- IN REPLY REFER TO Ma
Regulatory Branch
I
SUBJECT:i Nationwide Permit-No. 14
i
i
Ms. Margaret Gray i'
McKim and Creed
224 North Front Street
Wilmington, North Carolina 128401
Dear Mr. Gray:
Thank you for your inquiry of May 4, 1987, regarding your.
client's'plans to construct a fi]l roadway across a wetland
off the Atlantic Intracoastal Waterway at the Benson/Sprunt
Tract in Wilmington, New Hanover County, North Carolina.
and Center Grove Township, Guilford County, North Carolina.
For the purposes of the Corps of Engineers' Regulatory
Program, Title 33, Code of Federal Regulations (CFR), Part 330,
published in the Federal Register on November,13, 1986, lists'.
nationwide permits.
Authorization was provided for minor road crossing fills
including all attendant features, both temporary and permanent,
that are part of a single and complete project for crossing of a
non-tidal waterbody, provided that the crossing is culverted,
bridged or otherwise designed to prevent the restriction of, and
to withstand expected high flows and provided further that
discharges into any wetlands adjacent to the waterbody do not
extend beyond 100 feet on either side of the ordinary high water
mark of that waterbody.
For this nationwide permit to be valid, you must comply with
the following conditions:
Any discharge of dredged or fill material will not occur in
the proximity of a public water supply.
-2-
The activity will not jeopardize a threatened or endangered
species as identified under the Endangered Species Act, or destroy
or adversely modify the cultural habitat of such species.
The activity will not significantly disrupt the movement of
those species of aquatic life indigenous to the waterbody (unless
the primary purpose of the fill is to impound water).
Any discharge of dredged or fill material will consist of
suitable material free from toxic pollutants.
Any structure or fill will be properly maintained.
An individual State water quality certification must be
obtained or waived. Conditions of certification will be
considered to be special conditions of the Federal nationwide
permit.
The following management practices will be followed.to the
maximum practical extent:
(1) Discharges of dredged or fill material into waters of the
United States will be avoided or minimized through the use of
other practical alternatives. t'
(2) Discharges in spawning areas during spawning seasons will
be avoided.
(3) Discharges will not restrict or impede the movement,of
aquatic species indigenous to the waters or the passage of normal
or expected high flows or cause the relocation of the waters
(unless the primary purpose of the fill is to impound water).
(4) If the discharge creates an impoundment of water, adverse j
impacts on the aquatic system caused by the accelerated passage of!
water and/or the restriction of its flow will.;be; niniiaiaed. ?, raMpure =».?, .;;
(5) Discharge in wetland areas will be avoided."
(6) Heavy equipment working in wetlands will be placed.on
mats.
(7) Discharges into breeding areas for migratory waterfowl
will be avoided.
(8) All temporary fills will1be removed in their entirety.,
s '
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The District Engineer has determined that the individual and
cumulative adverse effects of your work on the environment will be
minimal. Your work is authorized by nationwide permit provided it
is accomplished in strict accordance with the preceding
conditions. Please be aware that this authorization does not
relieve you of the responsibility to obtain any required State or
local approval.
I
If you have questions, please contact Mr. Hugh Heine,
Regulatory Branch, telephone [phone].
Sincerely,
a s W. H lis
ie ,Regulatory Branch
Copies Furnished:
i
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
Mr. C. Robert Stroud
North Carolina Division of
Coastal Management
7225 Wrightsville Avenue
Wilmington, North Carolina 28403
tt.?a:._.. .w ? MuNflf{MX•;Mi ?ii? '?i; n. N'a? ti roc .. .. r
Received "Y
MAY 11 1987
b4cyu i&Creed Engineers