20070279 Ver 1_401 Application_20070207

LMG
LAND MANAGEMENT GROUP irrc.
Environmental Consultants
F/11 (~rl ~ N T
2 0 0 7 0 2 7 a RECEIVED
February 9, 2007
TO: Mr. Tam Farrell
U. S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
RE: NWP 39 Application; St. James Safe Storage
Brunswick County, NC
Dear Tom:
Enclosed is a NWI' 39 application for your review. This application is submitted on behalf of St.
James Safe Storage, LLC: Jay Cole for the development of St. James Safe Storage, located in Brunswick
County, NC. The applicant is proposing to construct a public storage facility within this tract. Although
they have attempted to minimize impacts through carefiil site design, approximately 0.379 acres of 404
wetland impact is proposed. To mitigate for these impacts, the applicant proposes to buy into the North
Carolina Ecosystem Enhancement Program (EEP) at a 1:1 ratio. Also, preservation of the remaining 1.8
acres is offered.
The Pre-Construction Notification form, associated maps, site plan, and mitigation plan are
enclosed for your review. Please note that the Corps has approved the wetland delineation for this site. A
wetland data package was submitted to Mr. Tom Farrell (reference Action ID #200201233). Please contact
me if you have any questions. Thank you for your assistance with this project.
Sincerely,
C~ ~--
Ashley Patrol
Staff Scientist
Encl.
C: Mr. Jay Cole, St. James Safe Storage, LLC
Ms. Noelle Lutheran, DWQ
Mr. Ian McMillan, DWQ
Mr. Kent Harrell, Noms Kuske & Tunstall
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www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402

LMG
LAND MANAGEMENT GROUP irrc.
Environmental Consultants
February 9, 2007
TO: Ms. Noelle Lutheran
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: 401 WQC Application; St. James Safe Storage
Brunswick County, NC
Dear Noelle:
Enclosed is a 401 Water Quality Certification application (NWP 39) for your review. This
application is submitted on behalf of St. James Safe Storage, LLC: Jay Cole for the development of
St. James Safe Storage, located in Brunswick County, NC. The applicant is proposing to construct a
public storage facility within this tract. Although they have attempted to minirni?e impacts through
careful site design, approximately 0.379 acres of 404 wetlands impact is proposed. To mitigate For
these impacts, applicant proposes to buy into the North Carolina Ecosystem Enhancement Program
(EEP) at a 1:1 ratio. Also, preservation of the remaining 1.8 acres of 404 wetlands is offered.
The Pre-Construction Notification form, associated maps, site plan, and mitigation plan are
enclosed for your review. The $200 application fee has been submitted to Mr. Ian McMillan. Please
contact me if you have any questions. Thank you for your assistance with this project.
Sincerely,
F tr
ey u
Staff Scientist
Encl.

C: Mr. Jay Cole, St. James Safe Storage, LLC
Mr. Tom Farrell, USACE
Mr. Ian McMillan, DWQ
Mr. Kent Harrell, Norris Kuske & Tunstall
www.lmgroup.net • [e-mail] • Phone: [phone] Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402

Office Use Only: Form Version March OS
2 0 0 70 2 7 4
USACE Action ID No. DWQ No.
(lf any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing ~}~, i (~~ ~NT
1. Check all of the approval(s) requested for this project: RF~E~VE~
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 39; GC 3402
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check, here:_T
.. R ..
II. Applicant Information ,.~
1. Owner/Applicant Information
Name: Jay Cole , :--; d ,~ r~~ , ~~~~~
Mailing Address: St. James Safe-Storage, LLC ~ ~ ' "~"`''` ~
10 East Henderson Street
Wrightsville Beach, NC 28480
Telephone Number: [phone] Fax Number: [phone]
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Kim Williams
Company Affiliation: Land Management Group, Inc.
Mailing Address: PO Box 2522
Wilmington, NC 28402
Telephone Number: [phone] Fax Number:~910)452-0060
E-mail Address: kwilliams(a~lm roup.net
III. Project Information
Updated 11/1/2.005
Page 5 of 12

Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
5.
1. Name of project: Saint James Safe S
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN)
2040028
4. Location
County: Brunswick Nearest Town: Southport
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From Wilmington, take
US-17/NC-133 South to Brunswick County. Once in Brunswick, take a left onto NC-133
South. Follow to the junction with NC-87 South. Follow NC-87 South to Southport. At the
intersection with NC-211 take a right onto NC -211 West. Follow until Arbor Creek Drive
on the left. Property is across NC-211 from Arbor Creek Drive. Property is one tract East of
Executive Park Drive.
Site coordinates (For linear projects, such as a road or utility line, attach
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 33.9604 °N 78.0800
6. Property size (acres): 15.15 acres
7. Name of nearest receiving body of water: UT to Beaverdam Swamp
8. River Basin: Cane Fear-03030005
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htt~//h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Property is currently undeveloped. Adiacent properties
include an office park and commercial development.
a sheet that
oW
Updated 11/1/2005
Page6of12

10. Describe the overall project in detail, including the type of equipment to be used: This
project consists of five proposed structures to be used as storage units. These storage units
will eventually be rented out to the public. The applicant is simultaneously submitting the
stormwater permit and plans on t~~ in to the existing_sewage lines. Impacts are limited to
road crossings and culverts and silt fences will be installed accordingly.
11. Explain the purpose of the proposed work: To build a storage facility on site.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. A jurisdictional determination was si ng ed by Tom Farrell of the
USACE on February 2, 2005. The Action ID number is 200201233. A co~y of the jurisdictional
determination and sidled wetland surveyprovided for your reference.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No additional permit requests are anticipated for this site.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Total impacts for the site
include 16,509 square feet of wetland fill. The filled areas will contain parts of proposed
building numbers 1 and 2 and the roadway.
Updated 11/1/2005
Page 7 of 12

2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
#1 Fill Forested Wetland No 15,006 .379

Total Wetland Impact (acres) .379
3. List the total acreage (estimated) of all existing wetlands on the property: ~1.8
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)
N/A

Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact

Site Number
(indicate on map)
Name of Waterbody
(if applicable)

Type of Impact Type of Waterbody

(lake, pond, estuary, sound, bay,
ocean, etc.) Area of

Impact
(acres)
N/A

Total Open Water Impact (acres)
Updated 11/1/2005
Page 8 of 12

6. List th
e cumulative impact to all Waters of the U.S. resulting from the project,
Stream Impact (acres):
Wetland Impact (acres): .379
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet):
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ®uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Pond will be excavated. Stormwater will be delivered
to the pond via an outlet structure and rip-ra ep nerg~pators.
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Stormwater requirement by DWQ and Brunswick
County regulations (2979 SF).
Current land use in the vicinity of the pond: Undeveloped uplands.
Size of watershed draining to pond: Expected pond surface area: 30226.56 ft2
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. Impacts have been limited to
.379 acres of wetlands. Avoidance of this area was not feasible based on direction from NCDOT
concerning their alignment standards. For safety purposes the road to the facility has to be
located across from the opposing street (Arbor Creek Drive). This is necessary to form an
intersection at the facility and Arbor Creek Drive which makes the area safer to navigate
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
Updated 11/1!2005
Page 9 of 12

freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The ap lip Cant proposes to buy in to the NCEEP mitigation bank for the restoration of .5
acres ofnon-riparian wetlands and preservation of remaining_wetlands on site.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http:/lh2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
5 acres
Updated 11/1/2005
Page 10 of 12

IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 N/A 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendiculaz from the top of the neaz bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
XI. Stormwater (required by DWQ)
Updated 11/1/2005
Page 11 of 12

Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater
controls proposed in order to protect surface waters and wetlands downstream from the property. If
percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed
impervious level. There is no existing impervious cover on site. Proposed impervious cover will include
2.36 acres of the total 15.15 acres. The project encineer is currentl~preparin~ a stormwater plan
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Wastewater from this site will be directed to the Brunswick County sewer system.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: The site
will not provide access or infrastructure to adjacent tracts and remaining wetlands on site will be
preserved.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
~~ ~~ /a ?
Ap~licant/Agent's Signature Date
(Agent's si nature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 12 of 12

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E~iOV-01-05 11:13 AM
JAY COLE 9102565795 P. 01
2 0 0 7 0 2 7 4
AGLNT DISCI,OSYJftE li'Q~
TQ'WHQ1~1 I.r MAY GONCER.'~i:
I/we, ~e undersigned, hereby authorize Land .Nana ement Gro
g up, Inc, to aCt as out agent in tt~e
preparati4u and repre~ntation of inforrn~tic~n related W the permit application fQr the St. James
Sate-Storage, Brunswick Coup#y sift. All questions in regards to this projact should be direr#ed
to l .and Mafia€emcn# Group, Inc.
Sincerely,
Ow r~ Iirant
--~. ~ _~ _
to "~`

U.S. ARMY CORPS OF ENGINEERS
WII.,MINGTON DISTRICT
Action Id. 200201233
County: Brunswick U.S.G.S. Quad: Southport
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Property Owner/Agent: Jamie Asher
c/o Van Davenport
20070274
Address: H.B. Springs Commercial
P.O. Bog 246
Myrtle Beach, SC 29578
Telephone No.:
Size and location of property (waterbody, road name/number, town, etc.) The site is a vacant parcel on the north side of SR
211 between Midwav Road and the Town of Southport, Brunswick County, NC.
Latitude: 33.9602°N; Longitude: 78.0785° W.
Indicate Which of the Follovvin~ Apply:
_ _ _ . ~ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps.
X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water
Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination maybe
relied upon for a period not to exceed five yeazs from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified; this survey will provide an accurate depiction of all azeas subject to CWA jurisdiction on your property
which, provided there is no change in the law .or our published regulations, may be relied upon for a period not to exceed
five years.
X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on 2/3/2005. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five yeazs from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Washington, NC, at [phone] to determine
their requirements.
Remazks: Verified in the field by TAF on Dec. 11, 2002. The suvyey was signed on Jan. 17, 2005, by Jan K Dale PLS-
L1250, 891 Copas Rd., Shallotte, NC 28470. A copy of this letter has been sent to Land Management Group, Inc., c/o T.

' ruction' Id. 200201233
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
detemunation and/or the Corps regulatory program, please contact Thomas Farrell at 910.251.4466.
Basis For Determination: The wetland on site is a pond pine-loblolly bay community. The site is hydrologically
connected to Beaver Dam Creek, a designated water of the U.S.
Corps Regulatory Official (Initial):
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be
transmitted with the property owner/agent copy of this form.
• If the properly contains isolated wetlands/waters, please indicate in "Remarks" section and attach the "Isolated
Determination Information Sheet" to the file copy of this form.
Page 2 of 2

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~~ em
PROGRAM
February 6, 2007
~~::~ i 024
Jay Cole
St. James Safe-Storage
10 East Henderson Street
Wrightsville Beach, NC 28480
Project: Saint .Tames Mini Storage
County: Brunswick
The purpose of this letter is to notify you that the North Cazolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigaton for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter. if we have not received a copy of the issued 404
Permit/401 Certif~cation/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be
issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work.
The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies
listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatoxy mitigation are summarized in the
following table,
Cape Fear
03030005 Stream (feet) Wetlands (acres) Buffer I
{Sq. Ft.) Buffer II
{Sq. Ft.}
Cold Cool Warm Ri avian Non-Ri azian Coastal Marsh
Impacts 0 0 0 0 0.3789 0 0 4
Credits 0 0 0 0 0.76 0 0 0
Upon receipt of payment, EEP will take responsibility far providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wanks NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at (919} 716-1921.
Sincerely, (~ (~
'Ili m D. Gilmore, PE
D' ctor
cc: Cyndi Kazoly, Wetlands/401 Unit
Tom Farrell, USAGE-Wilmington #200201223
Noelle Lutheran, DWQ-Wilmington
Doug Huggett, NCDCM-Morehead City
Kim Williams, agent (email)
F~
tD-rj,.~Fil~e... ~f'Gi ~ ... p/~~ OLD .~t~Fi
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net