19930416 Ver 1_COMPLETE FILE_19930621

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGII
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch

June 21, 1993
r
2 v 1993
Action ID. 199302402 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Gary Carmichael
c/o Mr. Rob Moul
Land Management Group, Inc.
Post Office Box 2522
Wilmington, North Ccarolina 28402-2522
Dear Mr. Carmichael:
Reference your application of May 12, 1993, for Department of the Army (DA)
authorization to impact 2.61 acres of wetlands above the headwaters of Walden
Creek on your property at the intersection of NC Highways 87 and 133 north of
Southport, ;Brunswick C,ountW North Carolina.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register
on November 22, 1991, lists nationwide permits. Authorization was provided,
pursuant to Section 404 of the Clean Water Act, for discharges of dredged or
fill material into headwaters and isolated waters.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided you
receive a Section 401 water quality certification from the North Carolina
Division of Environmental Management (NCDEM) and, in the coastal area, a
consistency determination from the North Carolina Division of Coastal Management
(NCDCM). You should contact Mr. John Dorney, telephone [phone],
regarding water quality certification, and Mr. Steve Benton, telephone (919)
733-2293, regarding consistency determination. This nationwide permit does not
relieve you of the responsibility to obtain other required State or local
approval.
This verification will be valid for two years from the date of this letter
unless the nationwide authorization is modified, reissued or revoked. Also,
this verification will remain valid for the two years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the two years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity would
no longer comply with the terms and conditions of the nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within twelve months of the date
of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
s
-2-
Questions or comments may be addressed to Mr. Rudolf Schiener, Wilmington
Area Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. Steve Benton
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raa igh, North Carolina 27611-7687
lair . 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
Mr. Bob Stroud
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
State of North Carolina
Department of Environment, AIFW*A
Health and Natural Resources • •
Division of Environmental Management
James B. Hunt, Jr., Governor
JonathaR,6. Howes, Secretary E H M
A. Preston Howard, Jr., P.E., Director
June 7, 1993
Mr. Gary Carmichael
Carmichael Construction
P.O. Box 81
Long Beach, N.C. 28461
Dear. Mr. Carmichael:
Subject: Proposed fill in Wetlands or Waters
Commeecial development
New Hanover County
DEM Project # 93416
Upon review of your request for 401 Water Quality Certification to place fill material in
2.61 acres of wetlands or waters which are tributary to Walden Creek for commercial
development located at intersection of NC 87 and NC 133 in New Hanover County, as
described in your submittal dated 12 May 1993, we have determined that the proposed fill can
be covered by General Water Quality Certification No. 2671 issued January 21, 1992. A copy
of the General Certification is attached. This Certification may be used in qualifying for
coverage under Corps of Engineers' Nationwide Permit No. 26.
If you have any questions, please contact John Dorney at 919-733-1786.
Sincerely,
P.e to n ward, Jr P.E.
93416.Itr Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
Rob Moul; Land Management Group
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

MEMORANDUM PRINT NAMES :
Reviewer:
TO: John Dorney WQ Supv.:
Planning Branch DATE:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
-***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***
PERMIT YR: 93 PERMIT NO: 0000416 COUNTY: BRUNSWICK
APPLICANT NAME: GARY C.ARMICHAEL SR.
PROJECT TYPE: COMMERCIAL FILL PERMIT-TYPE: NW26
COE #: DOT #:
RCD FROM _CDA: APP DATE FR1M CDA: 05/17/93
REG_OFFICE: WIRO RIVER_AND_SUB_BASIN_4:03 0(0Il-
STREAM_CLASS : $C Sw AQW
WL_,IMPACT?: ®/N
WL_REQUESTED : a-(.1
STP._INDEX_NO: /S• A-(
WL TYPE: P7
WL_ACR_EST? : ()/N
WL_SCORE(#):3,15 WATER IMPACTED BY FILL?: Y/9)
HYDRO_CNECT?: Y,/9 MITIGATION?: Y10
MITIGATION-TYPE: A111- MITIGATION_SIZE:Nfi7-
IS WETLAND RATING SHEET ATTACHED?:(f?N
RECOMMENDATION (Circle One): jlUE SSUE/COND DENY
COMMENTS : a?le .?t>ZczyF ..?,? t.?+-?.•t c-r,? a'r? g =7-93

cc: Regional Office
Central Files
1111 xw -2?? .
d
8
.f acres Wetland Wetland width o `? feet ;
•
+ o S?+vamp forest o Shoreline •
o eottomland hardwood forest o Stream channel +
r
o •
o Carolina bay Salt marsh
.. •
• o Pocosin o Brackish marsh
o Pine savannah o Freshwater marsh
# o Wet flat o BVFen
o Perched o Vernal pool .
Water storage
Bank/Shoreline stabilization x 4.00
Pollutant removal a -
Sensitive watershed x 1.50 = r.. s£ Wetland score*
Dispersal corridor'
Special ooological attrbutes-
W6ife habitat x 1.50 = flR > Y . ? •
Aquatic life value ?. •
Recreation/Education j y s y •
t ku v r rusk
YdQk x 0.25 - x #
Economic value-, - <?,. r •
r • • • • • 0 0,0 4 • It • 9 •'• # # * M ? + r • • • • • • •`• • f •111 • r r • r r r ai • • r + • • • • • • •
Hvdrolnalcally cannecf;ed a-Hydro"Icatly Isolated
DEM ID: 3 1 Lv ACTION ID:
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
'DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIROA
NC DEPARTMENT OF
REsm-
AND NATURAL
P.O. BOX 29535
RALEIGH, NC 27626-
ATTN: MR. JOHN DO Y
Telephone [phone]
PAA?I i 71993...
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: wr C cr M
2. OWNERS ADDRESS:

3. OWNERS PHONE NUMBER (HOME)` (WORK): S 7 ?oS/ 0
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,-ADDRESS,
PHONE NUMBER: ? d6
L
5. LOCATION OF PL ED WORK (ATTACH MAP).
COUNTY: V 5, r c , a.?Z
NEAREST TOWN OR CITY: c?u- o
SPECIFIC LOCATION (INCLUDE ROAD ERS, LANDMARKS, ETC.):
-r-r_(a c--cF,k 1 Al_/ 4u) V 5? 7 C.?in
6. NAME OF CLOSEST STREAM/RIVER: (i ,t .,
7. RIVER BASIN: C? 2 ?L c?
8. IS THIS PROJECT LOCATED IN A WATERS D CLASSIFIED AS TROUT, 'SA, HQW, ORW,
WS is OR WS II? YES j ) . NO Vi
9. HAVE ANY SECTION 404 PERM? S BEEN VIOUSLY.REQUESTED FOR USE ON THIS
PROPERTY? YES j ] NO j N
IF YES, EXPLAIN.
10. ESTIMATED TOTAL, NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
- ? ?G( Anus
2/3/92

-2-
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: a .
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED: I
12. DESCRIPTION OF PROPOSED,WORK (ATTACH PLq ) :

13. PURPOSE OF PROPOSED WORK:
^ •-) - _.___r /
1$. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEAS;,RE_S TAKEN TO MINIMIZE WETLAND
IMPACTS.
?T
P"&4,
15. YOU ARE REQUIRED TO CONTACT THE.U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR-NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES Q4 NO I I
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE-SO? YES [ NO
RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND`LAKES--ON.--
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT-r-ATTACH
COPY. IV1 -
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? LJ a0J S '
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISP SAL? LEZ-A 9r
?cvv 1./?; SQ. rR
OWNER' SIGNATI? G4 DATE
VICINITY MAP
LAND MANAGEMENT GROUP, INC
CARMICHAEL CONSTRUCTION
4oij
OAfj
?.
CLEARED.4!D4 WETLANDS !
PROPOSED FILL AREA I
HWY 87 H 133
is ' •. ? !
TOTAL - 3.77 ACRES
... lq. O UPLAND - 1.16 ACRES
' 404 WETLANDS - 2.61 ACRES
SCALE:1 -100 p . ?, =
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LOOKING NORTH FROM INTERSECTION AT UPLANDS
LAND MANAGEMENT GROUP, INC

LOOKING N.E. AT, CLEARED 404 WETLANDS TO BE FILLED
LOOKING NORTH FROM INTERSECTION AT UPLANDS

LAND MANAGEMENT GROUP, INC
LOOKING N.E. AT? CLEARED 404 WETLANDS TO BE FILLED
LOOKING WEST ALONG OLD STONE ROADWAY ALONG NORTHERN BOUNDARY
TYPICAL VIEW OF OLD STONE PARKING AREA
LAND MANAGEMENT GROUP, ING

1983 INHAP PHOTO

gbd 611,ec A. 2522
AoWA Vwtoliirza 28402
W 919-452-0009
Y, Cd J'. ?dlaud
Gw. ???? n
May 12, 1993
6PWYC94
Ad' P&A
.7805 °Wii?'Jw4 rilk i4wuw
John R. Dorney
D.E.M. Wetland Section
P.O. Box 29535
Raleigh, N.C. 27626-0535
re: 401 Certification and PDN Request to Disturb 2.61 Acres of
Isolated Wetlands for Gary Carmichael, Southport, N.C.
Dear John:
I have enclosed 7 copies of this PDN/104 request for the placement
of fill and/or the disturbance of approximately 2.61 acres of
cleared Loblolly Pine/Pond Pine flatwoods which have been
identified as 404 wetlands. Specifically, this property is
situated at the junction of N.C. 211 with N.C. 133 and was
previously used as a utility contractor staging site. It has stone
gravel on the surface over 20% of the tract and is isolated from
internal drainage by the highways. The southern portion of the
property is uplands. The site will be utilized for commercial
purposes.
Jim Gregson and Rudi Schiener from the Army Corps met on-site with
me and both had little problem with the proposal. Should your
staff have any further questions, please advise.
Sincerely,
Rob Moul, M.E.M.
Environmental Consultant
RM/dm
Enclosures: 7 copies of application
cc: Rudi Schiener, C.O.E.

DEM ID: Q3yl?
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT ?..
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRO?
P.O. BOX 1890 AND NATURAL RESOURC
WILMINGTON, NC 28402-1890 P.O. BOX 29535
ATTN: CESAW-CO-E RALEIGH, NC 27626-0535 MAY 7 1993 p-
Telephone [phone] ATTN: MR. JOHN DORNEY',i
Telephone [phone] _...mc C[?fl! IP
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO T
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISI
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME : w w C ?-?- M
2. OWNERS ADDRESS: G ce.r w? i c?. Q ?O+..Sfirwc.? rC

3. OWNERS PHONE NUMBER (HOME)` (WORK): -57 - 6S/ y
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, -ADDRESS,
PHONE NUMBER: 11tir??.L-

5. LOCATION OF PL ED WORK (ATTACH MAP).
COUNTY: Y ,i
NEAREST TOWN OR CITY: 15. co &I
SPECIFIC LOCATION (INCLUDE ROAD NU ERS,
ACTION ID:
OF

6. NAME OF CLOSEST STREEAWRIVER:
7. RIVER BASIN:
8. IS THIS PROJECT LOCATED IN A WATEMPF-D CLASSIFIED AS TROUT, SA, HQW, ORW,
WS Is OR WS II? YES j 7 . NO
9. HAVE ANY SECTION 404 PERMI S BEEN VIOUSLY.REQUESTED FOR USE ON THIS
PROPERTY? YES j ] NO i
IF YES, EXPLAIN.
10. ESTIMATED TOTAL, NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
a &is
2/3/92

-2-
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: a I !o .
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED:
12. DESCRIPTION OF PROPOSED WORK (ATTACH PL,*S):
I ...?. , ,_ - 1 I - - ? 1- _ -C
13. PURPOSE OF PROPOSED WORK:
..., -t i
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEAS RES TAKEN TO MINIMIZE WETLAND
IMPACTS. L•ac?`?-- 5,
A?r
15. YOU ARE REQUIRED TO CONTACT THE.U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR-NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES Q4 NO [ )
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES A NO [ l
RESPONSE FROM THE SHPO SHOULD BE A'TACHED.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND'LAKE"N._.
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
f&4? PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
.........,nom nn
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT-,-ATTACH
COPY. /V/,?-
E. WHAT( IS LAND USE OF SURROUNDING PROPERTY? Ao? S
_ __ ________ ?tactnrc t1TCD CAT 7
VICINITY MAP
LAND MANAGEMENT GROUP, INC

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LOOKING NORTH FROM INTERSECTION AT UPLANDS
LAND MANAGEMENT GROUP, INC

LOOKING N.E. AT, CLEARED 404 WETLANDS TO BE FILLED
.CT
1;.
i. CLEARED 404 WETLAND
1 % PROPOSED FILL AREA/
H 133
TOTAL - 3.77 ACRES
G ('j L •
x ` UPLAND - 1.16 ACRES
404 WETLANDS - 2.61 ACRES
ILI!
SCALE:1 "=100' 0.
t
LOOKING WEST ALONG OLD STONE ROADWAY ALONG NORTHERN BOUNDARY
TYPICAL VIEW OF OLD STONE PARKING AREA
LAND MANAGEMEENT GROUP, INC