19910233 Ver 1_COMPLETE FILE_19910202

4
ea 5fAlFo
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North„Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary December 5, 1991 Director
Regional Offices Nathan s. Sanders
Asheville 110 Hinton Avenue
' 704251-6208 Wilmington, North Carolina 28403
Fayetteville
'
919/486-1541 Dear Mr. Sanders:
Mooresville Subject: Certification Pursuant to Section 401 of the Federal
704/663-1699 glean Water Act,
Raleigh Proposed pond construction
919/733-2314 Project # 91684, CAE # 199103228
Washington New Hanover county
919/946-6481
Wilmington Attached hereto is a copy of Certification No. 2651 issued
919/395-3900 }?.o Nathan Sanders dated December 5, 1991.
Winston-sales, If we can be of further assistance, do not hesitate to
919/896-7007
contact us.
Sincerely,
Ge rge T. Everett
Attachments
cc: Wilmington District Corps Engineers
Wilmington DEM Regional Office
Mr. John Dorney
Mr. Stephen Benton
Central Files
P.O. Box x,9535, Raleigh, North Carolina 27626-0535 Telephone [phone] / Pollution Prevention Pays
An Equal Upponunity AHirmatiJ ' Action EniploZer _ "_di t
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 Nathan
Sanders pursuant to an.application filed on the 25 day of
September, 1991 to excavate and construct a 0.6 acre pond in
clear-cut swamp wetlands.
The Application provides adequate assurance that the
discharge of fill material into ,the waters of a tributary to the
Cape Fear River in conjunction with the proposed pond
construction 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).
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 5 day of December, 1991.
DIVISION OF ENVIRONMENTAL MANAGEMENT
eo QTEverett, D rector
WQC# 2651
dMSUTt'o W ? ??
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
James G. Martin, Governor
William W. Cobey, Jr., Secretary.
October 16, 1991
MEMORANDUM
TO: Dr. George T. Everett, Director
.Division of Environmental Management
FROM: John R. Parker, Jr., Chief
Major Permits.Processing Section
Roger N. Schecter
Director
sc
- n.10
OCR Z ? 1g91
?RIir+1w??? R??an??i b?ftr?
SUBJECT: CAMA/Dredge & Fill Application Review
Applicant: Nathan S. Sanders - River Island Major Modification
State Permit #144-90
Y
Project Location: 6 miles south of Wilmington off S.R. 1100 River Road
Proposed Project: excavate .6 acres (average 200' x 130' x 61) of
clear-cut swamp wetlands to create a shallow pond.
Please indicate below your agency's position or viewpoint on' the
proposed project and return this form by November 8, 1991. If you have
any questions regarding the. proposed project, please contact Ed Brooks
at extension 245.
-------------------------------------- --------------------------------
REPLY This office objects to the project as proposed.
Comments on this project are attached.
up
This office project proposal
2C?5 i 1
J
No comment.
Signed ( Date Z I I
127 Cardinal Drive Extension • Wilmington, No h Carolina 28405-3845 • Telephone [phone]• Fax [phone]
An Equal Opportunity Affirmative Action Employer
i

To: Dorney,
Planning Branch
DIVISION OF ENVIRONMENTAL MANA .?r `Y<r'p
VI
LAMA MAJOR PERMIT APPLICATION _ Z1 -
N
?,? t1
PROJECT NAME: Nathan Sanders (River Island d3s?cL? 4i
COUNTY : New Hanover P ec ( ly
STREAM OR ADJACENT WATER BODY: Cape Fear Riv
CLASS : SC
`??l????
OPEN OR CLOSED: Closed
STORMWATER PLAN REQ'D:
IF YES, DATE APPROVED:
PROJECT DESCRIPTION: The applicant proposes to excavate a 0.6
acre pond in a clear cut ypress/gum swamp.
REVIEWER: Gregson OINT NOTICE: Yes
DATE APP. RECD: 91/10/ 1 RECOMMENDATION: Issue
RETURNED: (ISSUE/DENY/OTHER)
RESUBMITTED:
INITIAL REPORT
FINAL REPORT: 91/10/31
WATER QUALITY CERT._(401)
CERT. REQ'D: Yes
IF YES, TYPE: Individual
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: N/A
(EXISTING, PROPOSED, SEPTIC TANK ETC.)
TO BE PERMITTED BY: N/A
(DEM, DHS, COUNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE: N/A
WATER/WETLAND FILL
AREA OF FILL: WATER: N/A
WETLAND: N/A
IS FILL ELIMINATING A SIGNIFICANT USE? N/A
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE? No
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED? Yes
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED?
SEWAGE DISPOSAL: N/A
MARINA SERVICES: N/A
OXYGEN IN BASIN: N/A
CLOSURE OF SHELLFISHING WATERS: N/A
(ATTACH A MARINA USE ATTAINABILITY EVAL.)

91684.OCT
Page Two
RECOMMENDED CONDITIONS OR PERMIT RESTRICTIONS:
1. That the project be done in such a manner so as to not
cause turbidity outside the immediate construction area to
exceed 25 NTU.
2. That silt fences and other erosion controls be in place
prior to excavation.
JHG:91684.OCT
cc: Central Files
Wilmington Regional Office Files
DCM-Brooks

WETLAND RATING SYSTEM WORKSHEET
Project No. or description
Location 9`(Q
Countyffi,6k/ 144A10VER Nearest road or town 5-9. 11VO (,,'Clew iPd J
River basin C
Nearest stream e F,q,e i`c%eA and classification Se-
Evaluator
Agency and address pC-A.4, / 'R b
Date and time evaluated
acres 7%, acres
Three most common plant species (in order) • &qle/ CyP??Sf
44 A40"C
Soil Series (_f known) 1,(kc.k?ee
Hydrologic indicators ^- -Ade6?,(
Direct s--lrface hydrologic connection? NO
Major Wetland Type C"If !?S
Approximate size of wetland system ti
Approximate extent of wetlands in area
wit'Zin miles
Existing Conditions
Drainage A/a
Disturbance c/eA-le r,;t
Restoration potentials /
Restoration value
Is site known to provide habitat for rare, endangered or
threatened species? 4-0 If so, list species ob ser ved or recorded.
Item No. Score ( cir cle one)
I. Location/Landsca
e
p
1 Natural area buffer 5
2 Sensitive watershed 4 3 2 1
3 Dispersa_ corridor system 4 3 2 1 0
II. Ecological Values
4 Special ecological attributes 5 4 3 2 1
5 Wildlife habitat 5 V .3 2 1 0
6 Aquatic _ife 5 4 3 V 1 0
7 Water stcrage O 4 3 2 1 0
8 Streambak stabilization 5 4 3 2 1
9 Removal cf pollutants e.?2 4 3 2 1 0
III. Human Values
10 Outdoor recreation/education 5 4 2 1 0
11 Economic value 5 4 2 1 0
Total score
Site description and notes • 4,v,-?e4 .4.4f ?ee, Gt2.4-rR?c ?o,Q P???wu;l /'vtirl
(?/ n f 7-,,e Cc/-IA4' / ?4? sc n•??CJ e /%ff Q? .,C
13
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??IXUrn ??

State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
James G. Martin, Governor
William W. Cobey, Jr., Secretary
October 16, 1991
MEMORANDUM
TO: Dr. George T. Everett, Director
Division of Environmental Management
FROM: John R. Parker, Jr., Chief
Major Permits Processing Section
SUBJECT: CAMA/Dredge & Fill Application Review
Roger N. Schecter
Director
Applicant: Nathan S. Sanders - River Island Major Modification
State Permit #144-90
Project Location: 6 miles south of Wilmington off S.R. 1100 River Road
Proposed Project: excavate .6 acres (average 200' x 130' x 61) of
clear-cut swamp wetlands to create a shallow pond.
Please indicate below your agency's position or viewpoint on the
proposed project and return this form by November 8, 1991. If you have
any questions regarding the proposed project, please contact Ed Brooks
at extension 245.
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
127 Cardinal Drive Extension • Wilmington, North Carolina 28405-3845. • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer
roT
DIVISION OF COASTAL NIANA?T
FIELD INVESTIGATION REPORT
1. Applicant's name Nathan S. Sanders - River Island - Major Modification State
Permit #144-90
2. Incaticn of project site Off S.R. 1100 (River Road) adjacent to the Cape Fear,
New Hanover County
PIOIO Ili: 1989: No Photo 1984: Covera e
SMM PIANE COMDINAMS: X:
Y:
3. Investigation. type: Dredge & Fill X CAMA X
4. Investigative procedure: (A) Dates of site visit 10-7-91
(B) Was applicant present No
5. Processing procedure: Application received CC-9-26-91 Office WiRO
6. Site c?scr;Tt;ora: (A) local Land Use Plan New Hanover County
Land Classification from IDP Conservation
Development eoawtra? *+?s identified in IUP Proj eats
must be consistent with local, state, federal. regulations
(B) AEC(s) involved: Ocean Hazard Estuarine Shoreline
Coastal Wetlands Public Trust Waters
Estuarine Waters Other adjacent federally regulated
wetlands
(C) Water dependent: Yes No X Other
(D) Interned use: Public Private X Caumercial
(E) Type of waste water treatment: Existing None
Plarzed individual septic tanks
(F) Type of stnic-tures: Existing None
Planned ten (10) single-family residences, bridge, community docking marina
(G) Estimated annual rate of erosion NSA Source
(A) Vegetated wetlands:
SwanD
7. Habitat --
(B) Non-vegetated wetlands:
(C) Other:
Spoil disposal area
(D) Tbtal Area Disturbed:
AREA
Dredged Filled
.6 acre
+1.0 acre
+1.6 acre
8. Project Suzy The applicant proposes to excavate .6 acres (average 200' x 130'
x 61) of clear-cut swamp wetlands to create a shallow pond.
JW
A
Nathan S.
Page two
Sanders - River Island (Major Modification)
State Permit #144-90
9. PROJECT DESCRIPTION
The project area consists of a 25.73 acre tract of land located
approximately 6 miles south of Wilmington, off Secondary Road
1100 (River Road), adjacent to the Cape Fear River in New Hanover
County.
The majority of the tract is wetlands within the floodplain of
the Cape Fear River. There is, however, a 5.85 acre island of
highground on the property between Secondary Road 1100 and the
river. The island reaches elevations of 17 feet mean sea level,
and supports a variety of climax forest vegetation including live
oak, loblolly pine, and holly.
The island is bordered by the Cape Fear River to the east,
coastal wetlands to the north and south, and wooded,
cypress/gum/maple swamp to the west.
A State CAMA Major Development Permit (144-90) was issued to the
applicant on November 9, 1990. This permit authorizes the
development of a ten (10) lot subdivision, accessed from S.R.
1100 by an elevated wooden bridge (262' x 14.51) through
wooded-swamp wetlands, and a 20 slip marina, including pier,
gazebo, and docking facilities in the Cape Fear River. Since the
initial permit application, the property owner has timbered the
wooded swamp and the area between S.R. 100 and the land for the
subdivision was clear-cut.
The applicant is requesting to modify his original permit to add
the excavation of a pond. The size of the pond would average 200
feet by 130 feet, and a depth of 6 feet has been requested. The
majority of the pond would be located north of the bridge
alignment, however the proposed perimeter of the pond does extend
south of the bridge in two areas with the dimensions; westside -
average 40 feet by 30 feet, and eastside - average 40 feet by 70
feet. This southern excavation alignment would follow the
vegetation transition line from swamp to irregularly flooded
coastal wetlands consisting primarily of Scirpus p2. The
applicant proposes to complete the excavation using a trachoe
mechanical excavator using mats for equipment mobility. The
spoil material would be placed directly into dump trucks, also
using mats to maneuver in and out of the excavation area. The
spoil material would be trucked to a highground site owned by the
applicant, located approximately two (2) miles inland from the
proposed pond site. In the absence of cross-sectional data of
the pond, the applicant's consultant, Charlie Hollis states that
the pond would be constructed with a minimum 3 to 1 sideslope.
AW"
Nathan S. Sanders - River Island (Major Modification)
Page three State Permit 1144-90
10. ANTICIPATED IMPACTS
The proposed project would convert approximately .6 acre of
clear-cut swamp wetlands to a shallow freshwater pond. Water
exchange and flow would be minimal, as the only water source
would be the shallow groundwater table and the overland flow
hydrology of the adjacent swamp/drainage way to the north of the
project. During seasonal dry cycles, adjacent wetlands would be
dry and stagnate water conditions would be expected in the pond.
These conditions would produce ideal mosquito breeding habitat.
Submitted by: E. F. Brooks Date: October 16, 1991 Office: Wilmington
OD FtCA170N Oe"VEST TD STATE 7¢rr,?y" / F -90
`- ?an?nA? f??r?T 90-/Y-OLS OZo?
Please type or print. Carefully describe all an- d. Describe the planned use of the project.
ticipated development activities, including construc- H eyri m GMT! ON a o O yoegt-C-
tion, excavation, filling, paving, land clearing, and P=av cT- -
stormwater control. If the requested information is
not relevant to your project, write NIA (not ap-
plicable). Items 1.4 and 8-9 must be comor;
all projects. V ;l,
LAND .AND WATER' ? -'-9 "..
- 1 mczERISTICS - `°
1.=APPLICANT -- 8 199 Size of entire tract
s? b. Size of individual lot(s) YA cu.
a. Name a tN otXS:'.` , STAL MA1Nh,-E%111' ion of tract above mean sea level or Na-
Addr __? D •A/MA/ ?}4fonal Geodetic Vertical Datum
City c State /q C d. Soil_t??pe(s) and texturs(s) of tract
Zip 28 03 Day phone 91?3•`7gQ•SAGs/ 47rcx # Parr
Landowner or Authorized agent e. Vegetation on tract 5 PARSE s e-I aEw s
b. Project name (if any) ?f sa ---s-t-ddk .4 wcad/erosA
E Man-made features now v tract
C. If the applicant is. not the landowner, also 6ive ° a
f?Exrrn?rlED Ria6E yArCC7z Carus't'.
the owner's name a address. ,._g, What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.) .
2 LOCATION OF PROPOSED
PROJECT
a. Street address or seconds road n?gber
IS, R. 1100 (( leivffc KOa
b. Cl , town, community, or dmark
/cES gi-ouny of pow G n/ Ale-
c. County Mew No yr
d. Is proposed work within city limits or planning
jurisdiction? /EC i2cvNT11 - MOW C. Namnf bodyawater^earest project
[J4 AK K KIYM?
3 DESCRIPTION AND PLANNED,
USE OF PROPOSED PROJECT
a. Describe all development activities you propose.
(for example, building a home, motel, marina,
bulkh d, or_pier).
ly?iq- c.? voet.yroys Dl?Xmi4S
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting ptojecF, new work, or both?
/vArw Weigle
c. Will the project be for community, private, or
commercialM?
I;oMMUN
Conservation Transitional
Developed ? Community
Rural Other
h. How is the tract zoned by local government?
i2-15'
i. How are adjacent waters classified? sc-
j. Has a professional archaeological survey been
carried out for the tract? No
If so, by whom?
5 UPLAND DEVELO
Complete this section if the project includes any
upland development.
a. Type and number of build}'Igs, facilities, or
structures prod X! - See IS V 1 o v s
orvmrt s
b. Number of lots or parcels
c. Density (Give the number of residential units
and the units per acre.) -
d. Size of area to be graded or disturbed -
e. If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation control plan at least 30 days before land
disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
submitted to the Division of Land Resources?
E Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pavement,
buildings, or rooftops.
~ g. tist the materials. such as marl. paver stone,
asphalt. or concrete, to be used for paved
surfaces. -
h.
i.
j•
k.
m.
n.
b.
C.
d.
If applicable, has a stoimwater management
plan been submitted to the Division of En- e.
vironmentai Management? f.
Describe proposed sewage disposal and/or waste g.
water treatment facilities.
o
Amount of material to be excavated from
below water level in In is yards aranto
Type of material.
Does the area to be excavated include 1 __J wetlands? '?? s
High ground excavation, in cubic yards =
Dimensions of spoil disposal area -M .Al c
Location of spoil disposal area III" G !P
ou apprjea-s !li bems- w
h. Do you. claim title to the dsposai area. I&A
state or loyal ,?-ra _ • , ; or, attach a letter granting permission from
Have these facilities received'
i m
" ?
.
..
approval?
Describe existing treatment facilities.u owner.

t. '1 a disposal area be a (able for future
A
Up 9 1991 maintenance??
If so, where?

' Db?ithe disposal area include any m land.
t1+? pland: or water areas?
Describe location and type of discharges et0 °.;1`r`:]
water of the state (for examplepsurface runoff, k. Will the fill material belated below mean
sanitary wastewater. industriallcommettial
' high water? _° ^
'Amount of fill in cubic yards
1
/.
effluent, or "wash down .
m. Type of fill material
n. Source of fill material ^
Will fill material be placed on marsh or other
o
Water supply source
If the project. is oceanfront development, .
wetlands? -'
Dimensions of the wetland to be filled ?-
describe the steps that will be taken to main- p.
How will excavated or fill material be kept on
min established public beach accessways or pro- q.
site and erosion controlled?
vide new access.
o. If the project is on the oceanfront, what will
be the elevation above mean sea level of the
first habitable floor?
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
Access channel
M)
W
n1A
) or Q
(ML
Boat basin N f p
other (break-
water, pier,
boat tamp. /30* = G r
Zoo
Fill placed in
wetland or below
MHW
Upland fill 14
„h.
r. What type of construction equipment will be
used (for example, dragline, backhoe, or
hydr;Oic dredge)? Or^ &8n6- .34SA96E;_
Y09gyt1 C EkeA,41fTV^
s. Will wetlands be crossed in transporting equip-
ment to the project site.'. As. If yes. explain
t ?e steps that will be taken to lessen en-
vironmersml impacts.
C Q_ %X&P1%err4 -r w? c.V we as:.
Pr4ovrt Ym rs
7 SHORELINE STABILIZATION
a. Length of bulkhead or * p
b. Average distance waterward of mean high water
or normal water level
c. Shoreline erosion during preceding 42 months,
in feet
d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be placed
below -mean high water
f. Type of fill material

8. ADDInONAI 'INFORMATION
In addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
.other instrument under which the applicant claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittce, and issuing da es.
Tg?Tavir D Nov D
Agy 16.1 990
A check for $100 made payable to the.Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
An accurate work plat (including plan view and A statement bn the use of public funds. If the
cross sectional drawings) drawn to scale in black project involves the expenditure of public funds, st-
ink on 8 % x 11 white paper. (Refer to Coastal tach a statement documenting compliance with the
Resources Commission Rule 7j.0203 for a detailed North Carolina Environmental Policy Act
description.) (N.C.G.S. 113A-1 to 10).
Please note that original drawings are preferred and
only high quality copies will 'be accepted. Blue-line
prints or other larger plats are acceptable only if 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing that agency's use of larger drawings.) A site or
location map is a part of plat requirements and it
must be sufficiently detailed to guide agency per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
A stormwater management plan, if applicable, that
may have been developed in consultation with the
Division of Environmental Management.
9 CERTIFICATION AND PERMIS
SION TO ENTER ON LANMi z?',
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30_4ays in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113-229(d).
Name See pNEVIOVs PEWMi-i-$
Address
Name
Address
Name
Address
I further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands in connection with
evaluating information related to this permit ap-
plication and follow-up monitoring of project.
This is the day
19 9'
X
Landowner or Au orized gent
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on-Ag..inside front cover for the appropriate
DCM offi?, -h2one nutaber.
CIO
SEP 9 1991
C,M-0E Orr vrr'CIASIAL
R? ?ic}??t,:. ter; ?i;?
_ 3
R/VER HK L S PL ANTAT/ON
DFRA! PO'/NT 70Wh'.SI/1P NEW HA NO VER COUNT Y
AIi.9P7H (,CAROLINA
5CA! E : 1" . 40' FEBRUARY , 1990
40 0 40
DEVELOPED BY
/VA THA N S. SA NDERS
//0 H/NTON AVENUE
WILMINGTON, NC, 28403
SHERWIN D. CR/BB
NC. REG. LAND SURVEYOR NO. L-/099
W/! MING TON, N C.
c
75' ?? ffll
560 5'53"
2 26' I 11
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
September 17, 1991
IN REPLY REFER TO
Regulatory Branch
Action ID. 199103228
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
s` .
Dear Mr. Dorney:
S: November, 18, 1991
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. 41-1-1
r Enclosed is the application of Mr. Nathan S. Sanders for Department of the
Army authorization and a State Water Quality certification to place
Y excavated/fill material in wetlands adjacent to the Cape Fear River associated
with construction of a pond on River Road, near Wilmington, New Hanover
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 authorizing 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 a reasonable time for State action.
Therefore, if you have not acted on the request by November 18, 1991, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Jeffery Richter, telephone
[phone].
Sincerely,
yne Wr t
Chief, Regulatory Branch
Enclosure
40
a
CHARLIE HOLLIS
REGULATORY CONSULTANT
138 Green Forest Drive
Wilmington, N.C. 28409
919/392-6833 or 799-0318
September 20, 1991
27
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Project: River Island, Cape Fear River, New Hanov uo*py
Mr, Nathan S, Sanders, Applicant Ckl 1
Corps Action ID. 19903228 , S?Q ?g9
C\J
Mr. Jeffery. Richter, Area Coordinator ?1JP????ge?arc
Regulatory Branch
U.S. Army Corps of Engineers C
P.O.. Box 1890
Wilmington, NC 28403
Dear Mr. Richter:
This will confirm our telephone discussion regarding the referenced
project and the question of Corps jurisdiction over the proposed
excavation of the small pond described and shown on the.plans submitted
to you on September 6, 1991.
A copy of the application for a modification of CAMA permit No.
144-90 was provided to the Corps on September 6, 1991 with the
understanding that this information would be helpful for the Corps'
determination as to whether a Federal permit would be required. It was
explained in the application that no excavated material would be
stock-piled or otherwise placed onto any wetlands in the area and that
all excavated material will be loaded into trucks and hauled to a high
ground disposal site.
You confirmed in our conversation that if indeed this work was done
with care so as..to avoid the discharge of excavated. mater al.into the .
wetlands, no Federal permit would be required. Since these are exactly
the conditions under which Mr. Sanders proposes this work, we will
consider this question resolved.
By copy of this letter, I am sharing this information with those
addressees who were furnished your two "card letters" both dated
September 17, 1991.
Sincerely,
Charlie Hollis

Copies Furnished:
Page 2
Mr. John Parker
N.C Division of Coastal Management
P.O. Box 27687
Raleigh, NC 27611-7687
Mr. John Dorney
N.C. Division of Environmental Management
P.O. Box 27687
Raleigh, NC 27611-7687
Ms. L.K. (Mike).Gantt
U.S. Fish an Wildlife Service
P.O. Box 33726
Raleigh, NC 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
U.S. Environmental Protection Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, GA 30365
Mr. James Herstine (v. Ed Brooks)
Wilmington Regional Office
N.C. Division of. Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Mr. Nathan S. Sanders
110 Hinton Avenue
Wilmington, NC 28403,
if .0 0
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
Action ID. 199103228

a
4:V
?Q
Mr. John Parker Ur)
Division of Coastal Management c ?, oa ti
North Carolina Department of Environment, Cn c? w
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687 o?6?g?LZ
Dear Mr. Parker:
Reference the application of Mr. Nathan S. Sanders for a Department of the
Army permit to place excavated/fill material in wetlands adjacent to the Cape
Fear River associated with excavation of a pond on River Road, near
Wilmington, New Hanover County,, North Carolina.
The Federal agencies have completed review of the proposal as presented by
the application and your field investigation report.
We recommend that the following conditions be included in the State
authorization:
a. All excavated materials will be confined landward of the mean high
water (MHW) elevation contour and any regularly or irregularly flooded
vegetated wetlands.
b. The temporary placement or double handling of excavated or fill
materials within waters or vegetated wetlands is not authorized.
c. The activity will be conducted in such a manner aIt`to prevent a
significant increase in turbidity outside the area of construction or
construction-related discharge. Increases such that the turbidity in the
waterbody is 25 NTU's or less are not considered significant.
Questions or comments may be addressed to Mr. Jeffrey Richter, Wilmington
Field Office, Regulatory Branch, telephone [phone]
Sincerely,
V,
December 23, 1991
G. Wayne Wright
Chief, Regulatory Branch

-2-
Copies Furnished:
"Y
Mr. John Doxn6y
Water Quality Section
Divisi of Environmental
Ma Bement
No Carolina Department of
nvironment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO January 24, 1992
Regulatory Branch
Action ID. 199103228 and State Permit No. 144-90
Mr. Nathan S. Sanders RECEIVED
110 Hinton Avenue c
`. NVA'77R QUAI 91 ``1T
Wilmington, North Carolina 28403 R ? c?C«?
Dear Mr. Sanders:
Reference your application for a Department of the Army permit to place
excavated/fill material in wetlands adjacent to the Cape Fear River associated
with construction of a pond on River Road, near Wilmington, New Hanover
County, North Carolina.
Your proposal has been reviewed and found to be consistent with the
provisions and objectives of general permit No. CESAW-CO80-N-000-0291.
Therefore, you may commence construction activity in strict accordance with
applicable State authorization and the enclosed plan. Failure to comply with
the State authorization or conditions of the general permit could result in
civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered
conditions or for any other reason, plans revised to show the change must be
sent promptly to this office and the North Carolina Division of Coastal
Management prior to performing any such change or alteration. Such action is
necessary as revised plans must be reviewed and the authorization modified.
Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
-R
I.

-2-
Copies Furnished with enclosure:
Director, Atlantic Marine Center Ms. L. K. (Mike) Gantt
National Ocean Service U.S. Fish and Wildlife Service
ATTN: MOA 232X1 Fish and Wildlife Enhancement
439 West York Street Post Office Box 33726
Norfolk, Virginia 23510-1114 Raleigh, North Carolina 27636-3726
Mr. John Dorney Mr. Larry Hardy
Water Quality Section National Marine Fisheries Service
Division of Environmental Pivers Island
Management Beaufort, North Carolina 28516
North Carolina Department of
Environment, Health and
I. Mr. James Herstine
Natural Resources
? Wilmington Regional Office
Post Office Box 27687 North Carolina Division of
Raleigh, North Carolina 27611-7687, Coastal Management
127 Cardinal Drive Extension
U.S. Environmental Protection Wilmington, North Carolina 28405-3845
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
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