19930514 Ver 1_COMPLETE FILE_19930510

v?
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS g 1993
P.O. BOX 1890 -
WILMINGTON, NORTH CAROLINA 28402-1890
July 27, 1993 WETLANDS GROUP
WATI:D AIM ITV crrTinki
IN REPLY REFER 10
Regulatory Branch
Action ID. 199302830 and Nationwide Permit No. 18 (Minor Discharges)
Mr. Seth Wilson &
Ms. Joann Stubbert
411 Marlin Street
Sunset Beach, North Carolina 28459
Dear Mr. Wilson & Ms. Stubbert:
Reference your application of June 14, 1993, for Department of the Army
(DA) authorization to place fill material a 1/10 acre of wetlands adjacent the
Lockwood Folly River at your property located at Lot 309, Genoes Point Road,
in the Lockwoods Folly subdivision near Holden Beach,iir,xvounty'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,
pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the
Clean Water Act, was provided for discharges of dredged or fill material into
all waters of the United States provided :
a. The discharge does not exceed 25 cubic yards;
b. The discharge will-not cause the loss of more than 1/10 acre of a
special aquatic site, including wetlands. For the purposes of this nationwide
permit, the acreage-limitation includes the filled area plusspecial aquatic
sites that are adversely affected by flooding and special aquatic sites that
are drained so that they would no longer be a water of the United States as a
result of the project;
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 (919) 733-
1786, regarding water quality certification, and Mr. Steve Benton, telephone
[phone], 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
s. ? R
-2-
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.
Questions or comments may be addressed to Mr. Rudolf Schiener, Wilmington
Area Field Office, Regulatory Branch, telephone (919) 251=4629.
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
Raleigh, North Carolina 27611-7687
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.-C. Robert Stroud
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Jim Gregson
North Carolina Division of
Environmental Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
DEPARTMENT OF THE ARMY l!n
WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
July 15, 1993
IN REPLY REFER TO
Regulatory Branch fi =Js'l? °
Action ID. 199302830, Wetland Determination
Mr. Wilson Stubbert
411 Marlin Street
Sunset Beach, North Carolina 28459
Dear Mr. Stubbert:
This letter confirms the May 18, 1993 site visit and your May 28, 1993
meeting between your surveyor, Mr. Tom Morgan, and Mr. Mickey Sugg of my staff
on your property. The property, which is adjacent to Lockwood Folly River, is
located in Lockwood Folly Golf Links, Lot No. 309, on River Road, near Varnum,
Brunswick County, North Carolina. The purpose of this site visit and the
meeting was to inspect the property for waters and wetlands subject to
Department of the Army (DA) permitting authority and to discuss your proposed
plans to construct a home and a bulkhead on the lot.
You informed Mr. Sugg of your proposed placement plans to construct a home
and a bulkhead on the property. You further explained that a small portion of
the home and the bulkhead would be encroaching on the wetland area of
Mr. Sugg's established wetland/upland boundary. Mr. Sugg explained to you
that issuance of Department of the Army authorization must precede any
placement of excavated or fill material in Section 404 wetlands waterward of
the pink flags on your property and that any unauthorized activity would be a
violation of Federal law. However, he also informed you that the proposed
activity may be authorized under authority of our Nationwide Permit No. 18.
The application, that was handed to you during the meeting, should be filled
out completely and returned to our office.
Also, reference is made to the survey plat dated March 9, 1993, of this
property. The survey plat accurately reflects the limits of wetlands on the
property. Unless there is a change in the law or our published regulations,
this determination of the limits of wetland's may be relied upon for a period
not to exceed 3 years from the date of your survey plat.
Enclosed is a copy of a Wetland Determination Form, providing specific
information obtained at stations on your property. The data on this form
support the delineation of wetlands on your property in accordance with the
criteria set forth in the 1987 U.S. Army Corps of Engineers' Wetland
Delineation Manual.
~ / 4 -2-

If you have any questions or comments, please address them to Mr. Sugg,
Regulatory Branch, Wilmington District, at telephone [phone] and he
will gladly assist you in any way he can. Thank you for your cooperation with
our regulatory program.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copy Furnished (with enclosure):
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
Copies Furnished (without enclosures):
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. Ed Brooks
Wilmington Regional Office
Morth Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Brunswick Surveying, Inc.
Attn: Mr. Tom Morgan
1027 Sabbath Home Road, SW
Supply, North Carolina 28462

State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
P.O. 'Box 29535
Raleigh, North Carolina 27626-0535
WATER QUALITY SECTION
FAX # (919),233-1338
TELECOPY TO:
FAX
FROM:
PHONE:- (2
NUMBER OF PAGES, .INCLUDING THE COVER SHEET:

TRANSMISSION REPORT
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State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary [D E H N F1
A. Preston Howard, Jr., P.E., Director
August 1, 1993
Mr. Seth Wilson and Ms. Joan Stubbert
411 Marlin Street
Sunset Beach, N.C. 28459
Dear Mr. Wilson and Ms. Stubbert:
Subject: Proposed fill in Wetlands or Waters
Residential lot fill
Brunswick County
DEM Project # 93514
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.07 acres of wetlands or waters which are
tributary to Lockwood Folly River for residential lot fill located at
lot 309, Lockwood Folly Subdivision in Brunswick County as described
in your submittal dated 14 July 1993, we have determined that the
proposed fill can be covered by General Water Quality Certification
No. 2733 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. 18. Fill
between the house and River shall be minimized and be located adjacent
to the southern property boundary. A deed restriction shall be
recorded on the deed to prevent future fill and shall list the state
as a beneficiary.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
If you have any questions, please contact John Dorney at 919-733-
1786.
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93514.1tr
Attachment
cc: Wilmington District orps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
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
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DEM ID: Cb,5/ V ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit ft
Ig
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for 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 ENVIRONMENTAL
NC DEPARTMENT OF ENVIRON'h
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]

ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE C
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name:
2. Owners Address:

Owners Phone Number (Home): (Work): 9'19 2F ?
4. If Applicable: Agent's name or responsible corporate -official, address, phone number:
5. Location of work (MUST-ATTACH MAP). County: .BAAU ZLIS U/,
Nearest Town or City:

Specific Location (Include road numbers, landmarks, etc.): A-U / --)(/7 C NU G J 7 / A
.CoCl"Kklo Lot L s0 A P i?/s/ oleu
6. Name of Closest Stream/River:
7. River Basin:

8. Is this project located in a watershed classified as Trout& HQW, ORW, WS I, or WS II? YES J4 NO [ ]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: e /0 Ae e /.z:
Drained:
Flooded:
Excavated:
Total Impacted:
.. Nrr'J n
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
13. Purpose of proposed work:
14. State reasons why the applicant be '.gves that this activity must be c , 'ed out in wetlands. Also note measures
taken to minimize wetland impacts. Z ? 71-9 ?ZJ,1 el/ 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 s Gies or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
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 k) NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
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, attach copy.
E. What is land use of surrounding propdrty? ffi S / 10 Ga/ j
F. If applicable, what is proposed method of sewage disposal?
4
Owners Signature Date

RIVER ROAD
OF ASPHALT„ PAVING
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
WATER QUALITY SECTION
FAX # [phone]
TELECOPY TO:_
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FAX
-579 n17?
FROM:_N,-?obc) ,L)O mP C -x PAONE:?
NUMBER OF PAGES, INCLUDING THE COVER SHEET:- C2
MEMO
TO:

DATE:
SUBJECT:
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From:

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North Carolina Department of Environment,
Health, and Natural Resources ?°?? printed on Recycled Paper
A message from .,../,[
Will Stubbert`

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19 X [phone] ¦ Wilmington, North Carolina
MEMO
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DATE:
SUBJECT:

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,1Lr From:
a STATf q
_ o North Carolina Department of Environment,
Health, and Natural Resources ?g Printed on Recycled Paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
July 7, 1993
Mr. Seth Wilson and Ms. Joann Stubbert
411 Marlin Street
Sunset Beach, N.C. 28459
Project # 93514
Dear Mr. Wilson and Ms. Stubbert:
AM
WOO&
C) FE F1
The Division of Environmental Management, Water Quality
Section has reviewed your plans for wetland fill for 0.1 acres of
wetlands at Lot # 309, Genoes Pt. Rd. Lockwood Folly Subdivision
in Brunswick County for residential lot fill. Based on this
review, we have identified significant uses which would be
removed by this project. These uses are pollutant removal and
shoreline stabilization. Furthermore, insufficient evidence is
present in our files to conclude that your project must be built
in wetlands. Therefore, we are moving toward denial of your 401
Certification. Until we receive additional information, we are
requesting (by copy of this letter) that the U.S. Army Corps of
Engineers and/or the N.C. Division of Coastal Management place
your project on administrative hold.
Please provide us with information supporting your position
that your project must be constructed as planned. Specifically
can you construct your residential fill on a smaller portion of
the wetlands or on nearby uplands? Any documentation such as
maps and narrative which you can supply to address upland
alternatives may be helpful in our review of your 401
Certification. Please respond within two weeks of the date of
this letter.
Sincerely,
Jo n R. Dorney
Wetlands and Tech i al Review Group
93514.ltr
cc: Wilmington DEM Regional Office
Wilmington Office Corps of Engineers
Central Files .
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: G o?
TO : John Dorney Wt? Supv. .: Ivik
CZ S
Planning Branch DATE: I> L-13
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***
PERMIT YR: 93 PERMIT NO: 0000514 COUNTY: BRUNSWICK
APPLICANT NAME: SETH WILSON & JOANN STUBBERT
PROJECT-TYPE: RESIDENTIAL FILL PERMIT-TYPE: NW13
COE_#: DOT-#:
RCD_FROM _CDA: APP DATE FRM CDA: 06/14/93
REG_OFFICE : WIRO RIVER-AND-SUB--BASIN-#:C)3 0'? 5-q
STREAM_CLASS : Sq STR_INDEX_NO : x 4)

WL_IMPACT'? : e`N WL_TYPE: ?s,,
WL_REQUESTED : 0. WL_ACR_EST? : Y/ N
WL__SCORE (#) : yl `?5 WATER IMPACTED BY FILL?: Y49)
HYDRO_CNECT?:(2)/N MITIGATION?: Y/V
MITI GATION_TYPE:1-vI? MITI GATION_SIZE:
IS WETLAND RATING SHEET ATTACHED?: ON
RECOMMENDATION (Circle One): ISSUE ISSUE/COND ENY
COMMENTS : 7 ( =?iL

.
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_. IA.dIl+rt? K ('? 612Q L LvC-_ Q/?J+
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?qA «-- /? ? II
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cc: Regional Office ?In?l
Central Files J'
DEM ID: ACT1 N ID:
Nationwide Permit Requested (Provide Nationwide Permit #): ?g0i 1?
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for 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 ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Boy 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
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:
2. Owners Address:

3. Owners Phone Number (Home): (Work): /q/ 9
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: E PU rJ-S 4al C?
Nearest Town or City:

Specific Location (Include road numbers, landmarks, etc.): A-U / JU 7 LtiU L" J I / A
6. Name of Closest Stream/River:
7. River Basin:
8. Is this project located in a watershed classified as Trout& HQW, ORW, WS I, or WS 11? YES DO NO 1 1
9. Have any Section 404 permits been previously requested for use on this property? YES [ 1 NO W
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: .0/0 C ??
Drained:
Flooded:
Excavated:
Total Impacted:
12. Description of proposed work (Attach PLANS-8 1/2" X I I" drawings only):
13. Purpose of proposed work: S n e- 0n ?? DBiti i ?idG
14. State reasons why the applicant be4gves that this activity must be carved out in wetlands. Also, pote measures
taken to minimize wetland impacts. Z,. 0 ,1 F// e5r2:
721 7-16-0 86Te7o
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 cies or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
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 FORWARDED TO CORPS.
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 pro? ect, attach copy.
E. What is land use of surrounding property? _ /f F s { 40 e "GI
F. If applicable, what is proposed method of sewage disposal?

Owner's Si-nature Date

RIVER ROAD
EDGE OF ASPHALT PAVING
?, P o
0
N 02' 54' 20" E
ci
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0
cn 0
0
Zv 0 =
OD
cN ? m
>Z O w
r. )
4
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c

•
•
•
•
•
? Hydrologically Isolated
Wetland type (select one) Gl-tther
? Swamp forest ?J - C ` ? Shoreline
? Bottomland hardw forest ? Brackish marsh
? Carolina bay ? Freshwater marsh
? Pocosin ? Bog/Fen •
? Pine savannah ? Ephemeral wetland
? Wet flat
The rating system cannot be applied to salt marshes.
. • . • . • • . • . • • . • . • • • . '.... •sum • • • • • • . • .... • • • • • • • • .. • • • . • . • w
Water storage
Bank/Shoreline stabilization- ? x 4.00 -
Pollutant removal
S? Sensitive watershed x 1.50 =
Travel corridor
Special ecological attributes -''
Wildlife habitat- ` x 1.50 =
Aquatic [if e value
Recreation/Education
x 0.25 =
Economic value
49
Project name -- <-&-Z?L 6s/; 4 4.vti 5AL rf Nearest road
County, rw? Wetland area-? acres Wetland width feet
Name of evaluator G,-*i &S" ' Date l -?`? 9'?