HomeMy WebLinkAbout19930813 Ver 1_COMPLETE FILE_19930922DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO July 16, 1993
Regulatory Branch
Action ID. 199203623
Mr. DeCarol Williamson
1410 Ocean Isle Beach Road Southwest
Ocean Isle, Norht Carolina 28459
Dear Mr. Williamson:
This letter responds to information submitted to this office on your
behalf by your consultant, Mr. Rob Moul of Land Management Group, concerning
the unauthorized excavation of ditches and the discharge of dredged or fill
material on your property known as "Ocean Isle Nine Hole" golf course. The
property is located on the northwest corner of S.R. 1184 and Highway 179
intersection, across from Ocean Isle Beach Golf Course, Ocean Isle,ti swick
County, North Carolina.
Initial construction activities at the site resulted in.the unauthorized
deposition of fill material into wetlands regulated by the provisions of
Section 404 of-the Clean Water Act. In attempting to resolve this situation,
it was necessary to identify and delineate the location and extent of wetlands
to determine remedial actions needed to correct the problems. This process
has included monitoring water tables to ascertain if the wetlands hydrology
parameter was still present in disturbed areas underlain with hydric soil. -To
this end, various- onsite meetings have been held and information gathered by
Land Management to delineate the `wetlands, define the problem areas, and well
monitor for hydrology.
We have reviewed the well data supplied by Mr. Moul and agree that some of
the areas on the golf course do not exhibit wetland hydrology, and are
therefore not regulated under the Clean Water Act. This can be referenced by
the survey plat dated June 24, 1993 on the 125 acre tract of land. 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 wetlands may be relied upon for a period not to exceed three years
from the date of your survey plat.
To further resolve the unauthorized excavation of ditching and associated
discharge of fill material in wetlands, the ditches should be filled back in
to original contours and all fill material in the wetland areas removed and
placed on high ground. Pursuant to Section 404 of the Clean Water Act, prior
Department of the Army approval is required for the discharge of dredged or
fill material in waters of the United States, including wetlands.
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If you have any questions or comments, please address them to Mr. Sugg,
Regulatory Branch, Wilmington District, at telephone (919) 251-4611 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
Copies Furnished:
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
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. Jim Gregson
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Land Management Group, Inc.
Attn: Mr. Rob Moul
P.O. Box 2522
Wilmington, North Carolina 28402
ti
,y..
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
October 27, 1993
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199304700 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Ocean Isle Beach Golf Course, Inc.
Attn: Mr. DeCarol Williamson
#2 Causeway
Ocean Isle Beach, North Carolina 28469
Dear Mr. Williamson:
Reference your application of September 27, 1993, for Department of the
Army (DA) authorization to place fill material into 3.46 acres of isolated
wetlands on your property located adjacent to the west side of SR 1184 across
from the Ocean Isle Beach airport in Ocean Isle Beach, Brunswick County, North
Carolina.
For the purposes of the U.S. Army 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 (NW).
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 NWP 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). You should contact Mr. John Dorney, telephone (919)
733-1786, regarding this water quality certification. In the coastal area, a
consistency determination should be obtained from the North Carolina Division
of Coastal Management (NCDCM). Please call Mr. Steve Benton, telephone (919)
733-2293, regarding this determination. This NWP does not relieve you of the
responsibility to obtain other required State or local approval.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the NWP authorization is reissued without modification or the activity
complies with any subsequent modification of the NWP authorization. If during
the 2 years, the NWP 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 NWP, activities which have commenced (i.e., are under
0 If
I
ti
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conditions of the NWP, activities which have commenced (i.e., are under
construction) or are under contract to commence in reliance upon the NWP will
remain authorized provided the activity is completed within 12 months of the
date of the NWP'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):
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. Jim Gregson
North Carolina Division of
Environmental Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Steve Benton
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
North Carolina Department of
Environment, Health and
Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
„? 5rATE Q?.,?
?y I k ?
M?
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
Wilmington Regional Office
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
November 18, 1993
Mr. DeCarol Williamson
OCEAN ISLE BEACH GOLF COURSE, INC.
#2 Causeway
Ocean Isle Beach, NC 28459
RE: ACTION ID# 199304700, Nationwide Permit Application
OCEAN ISLE BEACH GOLF COURSE/Brunswick County
Dear Mr. Williamson:
Roger N. Schecter
Director
1C ii
V ci 3
F NOV1 9 1
The North Carolina Division of Coastal Management has reviewed the above-referenced application for a Nationwide
Permit dated July, 1993 pursuant to Section 307 of the Coastal Zone Management Act of 1972 as amended. Based
upon our review, we have determined that the proposed activity is consistent with the North Carolina Coastal
Management Program provided the following conditions are met:
1. The activity described in the above-referenced application qualifies to receive one of the Nationwide
Permits described in 33 CFR Part 330 with the exception of Numbers 17, 21, 24, and 34 which
were found inconsistent with the North Carolina Coastal Management Program.
2. A 401 Water Quality Certification is received, where required, from the North Carolina Division
of Environmental Management.
This letter does not relieve you of the responsibility to insure that all other State authorization and/or permit
requirements are met prior to implementation of the project. Please feel free to contact me at (919) 395-3900 if you
have any questions or need further assistance.
Sincerely,
Janet M. Russell
Field Representative
CRS/jmr
cc: Preston P. Pate, Jr.,DCM
Steve Benton, Consistency Coordinator
Wilmington District Engineer; ATTN: CESAW-CO-E
John Dorney, DEM/Raleigh
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone 919-395-3900 • Fax 919-350-2004
An Equal Opportunity Affirmative Action Employer
State of North Carolina IVA
Department of Environment,
Health-and Natural (resources Ar4*1
Division of Environmental Management James B. Hunt, Jr., Governor
Jonathan B.-Howes, Secretary C
G H
A. Preston Howard, Jr., P.E., Director
October 26, 1993
DeCarol Williamson
Ocean Isle Beach Golf Course
#2 Causeway
Ocean Isle Beach, N.C. 28469
Dear Mr. Williamson:
Subject: Proposed fill in Wetlands or Waters
Ocean Isle Beach Golf Course
Brunswick County
DEM Project # 93813
Upon review of your request for 401 Water Quality Certification
to place fill material in 3.46 acres of wetlands or waters which are
tributary to the AIWW for golf course and residential development
located at Ocean Isle Beach Golf Course in Brunswick County as
described in your submittal dated 21 September 1993, we have
determined that the proposed fill can be covered by General Water
Quality Certification No. 2673.. 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. An
additional condition is that deed restrictions shall be placed on all
remaining wetlands on the site to prevent additional fill, the
restrictions shall run with the land and the state shall be listed 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 150E 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.
1786.
If you have any questions, please contact John Dorney at 919-733-
Sincerely,
reston Howa Jr. P.E.
93813.1tr
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, Inc.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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TO: John Dcrney WQ
PI anning Br..---inch
tTBt?EsCT: WETLAND STAFF REPORT AND REt OA11?U4EN?> .J-T -1
NAMES:
DATE: EACH ITEM MUST EE ANSWERED (USE N/A FOR NOT A1:='PLICABl E)
PERMIT ` R: 9 P?'P.1?IIT NO: 00008-113 COUNTY: BRILN WICK
APPLICANT NAME: OCEAN ISLE REACH GOLF COURSE, INC .
PROJECT-TYPE: GOLF COURSE PERMIT-TYPE: N.4216-
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F-L REQUESTED : WL _ACR_EST ? : Y/))T
WLSCORE (#) uWATER IMPACTED BY Y,
HYDRO _CI\TECT? : Yl/V MITIGATION?: Y/0
MITIGATION TYPE: 4114 MITIGATION- '-7E:
IS WETLAND RATING SHEET ATTACHED?: CY)IN
RECOT MENL`AT I ON (C.`.;1 c1 ? Onf-) : I S.?:j ?_TE>I - SLUE /(.-OND DENY
"c: Reg 1:r a1 0 iIce
Central Fi.le-.
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Project name 4ZLe-,..Ys-
County QMrs knzy- Co
Nearest road C8, I I V'i
res Wetland width I3-b feet
Wetland type (select one) ? Other
? Swamp forest ? Shoreline •
? Bottomland hardwood forest ? Brackish marsh
? Carolina bay ? Freshwater marsh
Q' Pocosin ? Bog/Fen •
? Pine savannah ? Ephemeral wetland
? Wet flat ?
The rating system cannot be applied to salt marshes.
•.•••••.•••••••••••.••••
••••••••.••••••••••••••••
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Water storage •
Bank/Shoreline stabilization
O
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-
Pollutant removal 1
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Recreation/Education
Economic value x 0.25 =
49
Name of evaluator CIO FW£6214af- Date '1--7 -73
? Hydrologically connected hydrologically isolated
REQUEST FOR NWP#26 & 401 CERTIFICATION
/ (REVISED 9/10/93)
DEM ID: 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 (919) 251-4511
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIR
AND NATURAL RESOUR
P.O. BOX 29535
RALEIGH, NC 27626-053 SEP 2 1 1993
ATTN: MR. JOHN DORNEY
Telephone (919) 733-5O f3
WETLANDS GROUP
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT T04+W";M
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: ?00)it k"
A (I ti 11 ho &I UAA
2. OWNERS ADDtt =
3. OWNERS PHONE NUMBER (HOME): (WORK):?? S ?a
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, -ADDRESS,
PHONE NUMBER:
5. LOCATION OF PLANNED WORK (ATTACH MAP). /0 t4 ?4c1La
COUNTY: 13 r L--v-.57 L.> -c
NEAREST TOWN OR CITY:
r
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): fAT
Y_1 41 i )4 r,. -)o V-19_ C,cJ,e S7" S ; e 00-c .S12 I 4
6. NAME OF CLOSEST.STREAM/RIVER:
7. RIVER BASIN: C? ?v-
r,
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HOW9 ORW,
WS is OR WS II? YES I I NO I tr,
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY, REQUESTED FOR USE ON THIS
PROPERTY? YES I'I NO I
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
a "7, 6 prGVc-5
2/3/92
-2-
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: 3 ? 4 6 /__,_,__
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED:
12. DESCRIPTION Of PROPOSED WORK (ATTACH PLANS):
6,0-5
13.
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. Prooe ,t-v L.,>,-s
15. XOU 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 [?I' 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 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 DEL NEATION MAP HOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY. - & rs &to5e-
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT. C _,.sav,
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE A DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF AC5rcm-? STORMWATER MAN GEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY. C- 7 ?-l .
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Yc v -k Ise sti Q?
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
G i -N/ 9l 9 o f P ??Q
DATE
OWN Q'S SI TURE &tj
PURPOSE OF PROPOSED WORK : e-' °
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LOCATION MAP -
(BRUNSWICK COUNTY)
SCALE :1"=2.65 MILES LAND MANAGEMENT GROUP, INC
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OCEAN ISLE BEACH GOLF COURSE
TOTAL ACREAGE =125
TOTAL WETLANDS =17.6 ACRES
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(WETLANDS ARE LEON. & TORHUNTA SOILS)
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State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James G. Martin, Governor Bob Jamieson
William W. Cobey, Jr., Secretary April 3, 1991 Regional 'Manager
LETTER OF APPROVAL
Mr. Odell Williamson
#2 Causeway Drive
Ocean Isle Beach, North Carolina 28459
Re : Letter of Approval
Project Name: Ocean Isle Beach Golf Course
Location: NC 179 - Brunswick County
Submitted by: Siteworks Design Group
Date Received: March 27, 1991
Re-Submittal
Dear Mr. Williamson:
- This office has reviewed the subject sedimentation and erosion control Plan.
We find the plan to be acceptable and hereby issue this letter of approval with
comments as attached.
Please be advised that Title 15A, of the North Carolina Administrative Code,
4B.0017(a) requires that a copy of the approved plan be on file at the job site.
Also, you should consider this letter to give the Notice required by GS 113A-61(d)
approved plan. The last page which lists approval comments should be copied and
attached to the sedimentation and erosion control plan that is maintained on site.
North Carolina's Sedimentation Pollution Control Program is performance
oriented, requiring protection of the 'natural resources and adjoining properties.
If, following the commencement of this project, it is determined that the erosion
and sedimentation control plan is inadequate to meet the requirements of the
Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 113A-51
thru 66), this office may require revisions to the plan and its implementation to
insure compliance with the Act.
Recognizing the desirability of early coordination of sedimentation control, we
believe that it would be beneficial if a pre-construction conference could be
arranged to discuss the approved plan for this project. Please contact this office
and let us know the date of construction start-up and the date of pre-construction
conference so that we may attend.
7225 Wrightsville Avenue, Wilmington, N.C. 28403-3696 • Telephone 919-256-4161 • Fax 919256-un
Mr. Odell Williamson
April 3, 1991
Page 2
We look forward to working with you on this project. If you have any
questions, please contact our office.
Sincerely,
Daniel Sams,
Regional Engineer
Land Quality Section
DS/sfc
cc: Linda Lewis, Siteworks Design Group, PA
LETTER GRANDFATHERING MECHANIZED LAND CLEARING
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH cAROUNA 28402.1890
i
W REPLY REFER TO January 21, .1991
Regulatory Branch
SUBJECT File No. CESAW-C091-P-010
Ocean Isle Beach Golf Course, Inc.
c/o Ms. LaDane Bullington
.Eleven Causeway
Ocean Isle Beach, North Carolina 28469
Dear Ms. Bullington:
On November 15, 1990, you and your brother met with Mr. Hugh Heine of my
staff regarding your company's"plans to complete the existing Ocean Isle Beach
Golf Course off the Shallottg River,'in Ocean Isle Beach, Brunswick Count
North Carolina. - y,
The existing Ocean Isle Beach Golf course is located on N.C. Highway
S.R. 1184. This property was purchased on December 28, 1976, and work begun
in 1978. An additional 9 holes were planned to be constructed next to the
intersection of N.C. Highway S.R..1184 and N.C. Highway 179. This proposed
expansion contains about 125 acres. A considerable amount of money has been
expended since 1976 to survey, complete the initial clearing, and finalize the
necessary architectural/engineering drawings.
By public notice dated August 2, 1990, the Wilmington District informed
the citizens of North Carolina.that we had received the enclosed Regulatory
Guidances Letter (RGL) No. 90-5, effective July 18, 1990, from the Office of
the Chief of Engineers establishing a new policy with regards to landclearing
activities subject to Section 404 jurisdiction. It is the Wilmington
District's interpretation that a Section 404 permit will be required for any
landclearing operation being conducted with mechanized equipement. Paragraph
4 of the RGL No. 90-5 states that a property owner who can demonstrate that he
has committed substantial resources toward clearing, in reliance on earlier
Corps' guidance, is not subject to this RGL. Since your company has clearly
spent time and resources on this 125-acre tract for the proposed golf course
expansion before July 18, 1990, Ocean Isle Beach Golf Course, Inc. is not
subject to RGL No. 90-5. ,
However, the company is still subject to our earlier letter dated
March 23, 1989 (copy enclosed). This policy states that any excavation from
"Waters of the United States" within the State of North Carolina will require
a Section 404 of the Clean Water Act permit. Those who persist in attempts to
carry out such work in the future, without first obtaining the required
permit,.should take notice that our dicovery of any discharge of dredged,or,
fill material in waters or wetlands, no matter whether accidental or
otherwise, will result in our immediate pursuit of the strongest available
legal remedy, to include A request that the U.S. Attorney file a criminal
action, and a notification-to the U.S. Environmental Protection Agency with a
request for an appropriate administrative order and fine.
Therefore, At its own risk, the Ocean Isle Beach Golf Course, Inc. can use
root-raking within the 125-acre tract. We would strongly recommend that the
company contract with a biological consultant to have the wetlands on the
125-acre tract delineated. My representative would need to verify your
consultant's wetland delineation. After this is accomplished, the wetland
line would need to be surveyed. Mr. Heine would then need to verify the
accuracy of the surveyed wetland line.
As indicated during this meeting, before any dredged or fill material is
placed.in any waters or wetlands, the required Department of .the Army permits
must be obtained. Failure to obtain this required Department of the Army
authorization will constitute a violation of Federal law. .0
Should you have any questions.or comments, please contact.Mr. Heine at
telephone (919) 251-4725.
Sincerely,
e Wri t
Chie Regulatory Branch
Enclosures
S
LAND MANAGEMENT GROUP,INC.
P.O. BOX 2522
WILMINGTON,N.C. 28402
DATA FORM
ROMINE 1NETIMM Dr.47; ATION
(08=7 COS Wetland : DClisiratiCn Manual) WETLAND DATA
Fto?sct/Site: Oe?«,?St e 3ti?C C tr- C Data: r
Apptkant/Owner. L7e. C; = / Coumv_
lnvesticator:. A 7, k nA C.- L Stata:
Do Normal C kcun=ncas axis: on tho situ? ao Community 10:
Is Ma site wanifaantly disturbed (Atmcal Situation)? Was o Transect 10: _
is ft area a potential Problem Area? o Plot 1D:
(If needed. explain on reverse.)
NEWATION C(4a
A-V OF t??'r®?..?1dz,?Ja r• Y?'Lohr, ?Z,r??..J rvl . d
tom "" Iw.tiew.w.
• Z,
'4%,v 01
s. •
- ,:-•m? qm?
n"wdnwnt 0100". S 00ei"-F s..w??. lndinw.e.
70 ? ,y - e
2Z _l
14,
to -?
Fa OM of DoMit M Sowdas ISM are 0916 FAGW ar FAG
1eaatuR9M FA" 'r, a ?., , .1.-. _- i -.
Raaae*u
. i
010,
i?•J ?.lYx.Q ?cLv ??? -1/trr/ Wlc...•,a
nTUMLUQY
r . - lJao
.... Raaarded Dote lDoewsbo b Reaaatke?: wed4w Hydrobpy bdtaatwu
. Strown. Laket or Tide Gaups
Aeda!
e s
Inundatad
aced b upper 12 kWh"
-
J
_No w
_or?t?e
Held Ob:orvatto?s: _ Sediment Deposits
ouiaape Fau a s in wewws
Depsh of Uft" W=r. Q t zw Root chants vin upper 12 "Im
Depth to R" water In Mr. 777= aw"y Data
Dopih w Saauated soil. i
f7? lie Vic( r
LAND MANAGEMENT GROUP,iNC.
P.O. BOX 2522
WILMINGTON. N.C. 28402
SOILS
Map Unit Name
(Series slut Phase): O 1ti1 1
h
r
Drainage Class:
Taxonomy (Subgroup): Feld Observations -?
Confirm Mapped Tvpe) Yes No
Pro/ile De?crintlent '
04pth Matrix Color McCue Colors Mottle Texture. Concretions,
ne ee Horizon (Mum-jell Moist iMuneell Meiet1 Abundance/Centrest Structure, etc.
It, 1
1/
4
13- = o r /0`4
L,? %•? Sal
Hydric $ad Indicators:
H(stoaol
.? Mack Epipadon.
Sulfldio Odor _ Concretions
_Hrg 'o Content in Surface Laver in Sandy Soils
r Stroaking in Sandy Soils
A Moisture Re gime . to Hydda Soils list
g Conditions tad on National Hydric Soils list
)eyed or low-Chroms Colors OthW (Explain in Remarksl
Ramsrkss j%?
• ' ?V1 1 ?9?y?.. 70
WETLAND DETERMINATION
hvdrophv to Vegetation Presotitt No (Circle) (Circle)
Wetland Hydrology Present? 9iNo
HyddG Soils Present? <?o Is this Sampling Point Within a Wedandt Yes No
Remarks: ? .. r•
(?-- dQ/?l>>.1e.c'T?-? ? ?_ ?'K' f Gig c,? 1?.?(C?.?.;,1n7
?5d is v f? (,J'? 't-o
LOOKING NORTH AT 125 ACRE SITE
NU I L ALL [AIRWAYS & ROADWAYS HAVL BLLN :;LLARLD)
TYPICAL VIEW OF ISOLATED LEON SOIL WETLANDS ON PROPERTY
LANG MANAGEMENT GROUP, INC
Ywza _4???? 5wt,96, Am
&U,40?? V0fzau&i nA
god 611we Ax 2522
VdmiirW", AoWA Vawkna 28402
3d 999-452-0009
??
99.W °r-T.
I. W-V 9-
John Dorney
DEM Wetlands Section
P.O. Box 29535
Raleigh, N.C. 27626-0535
September 12, 199
_T.qP&A
9&&d #m, ?6f6 540:1
Re: NWP #26 and 401 Certification Request for "Ocean Isle Beach
. Golf Course, Inc.", Ocean Isle, Brunswick County, N.C.
Dear John:
Enclosed please find 7 copies of the revised 12.5 acre Ocean Isle
Beach Nine Hole Golf Course expansion area which was purchased in
1976 and initiated construction in 1978. The project was
grandfathered from the Army Corps' "Mechanized Land Clearing Rules"
in 1990 (letter attached) and work gradually progressed until last
year when it was determined that parts of some fairways, greens,
and tees would need to obtain a NWP #26 Permit and 401
Certifications to fill up to 3.46 acres of isolated wetlands. A
"Sedimentation and Erosion Control Plan" was also approved in 1991
for the project (attached letter).
Since the Leon Soils were highly disturbed a 20 well groundwater
monitoring program was initiated and utilized in the final
delineation of 17.6 acres of isolated 404 wetlands. In order to
maximize the use of the 3.46 acres of filling impact originally
applied for, Clyde Johnston, the golf course architect has deleted
the central roadway and replaced it with more narrow inter-
connecting fairways as is illustrated on the site plan.
Jim Gregson of your staff in Wilmington is familiar with the site
and the fill request. Should you have any further questions,
please feel free to contact me at your convenience.
Sinceerely,
4;;;;?
Rob Moul, M.E.M.
Environmental Consultant
RM/dm
Enclosure: 7 copies of revised application
cc: Rudy Scheiner, C.O.E.
DeCarol Williamson
' REQUEST FOR NWP#26 & 401 CERTIFICATION
/ (REVISED 9/10/93)
DEM ID: / 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 (919) 251-4511
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT. HEALTH,
AND P.O. BOX 29535 RESOURC D R R M
RALEIGH, NC 27626-0535 L5 !! U~°- i
ATTN: MR. JOHN DORNEY
Telephone (919) 733-508 SEP ? X993
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVI,
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: &tab Li ?rra I 1A fl
2. OWNERS ADDRESS:?
Q9.clh.
3. OWNERS PHONE NUMBER (HOME): (WORK): 6H) 'r'79--I. a'
4. IF APPLICABLE:
PHONE NUMBER:
AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL,-ADDRESS,
5. LOCATION OF PLANNED WORK (ATTACH MAP). /Di-?r4c1Lo.?
COUNTY:
NEAREST TOWN OR CITY:, Q-.- S
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.}: in
NAME OF CLOSEST STREAM/RIVER: IUow?- l SCI ?- -
7. RIVER BASIN:
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS Is OR WS II? YES [ ] NO [ L]''
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUS REQUESTED FOR USE ON THIS
PROPERTY? YES VI NO [
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
GYc-5 2/3/92
60
_2-
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: 3, 4 6
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED: 11_1? 14_4
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): , s?
13. PURPOSE OF PROPOSED WORK:
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS P /
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 [1I' NO [ J
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 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 DEL NEATION MAP OWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY. - 9,' ,.s
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT. C ?,sGL5,0
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INqL E ,A ?TA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF AC?5rc-- STORMWATER MAN GEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY. k c-
E. WHAT IS LAND USE OF SURROUNDING PROPERTY?
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
C, .+\J S2c ?. ti? o "moil-'
4),?k b"
OWN 'S SI TURE DATE
LOCATION MAP
(BRUNSWICK COUNTY)
SCALE:1"=2.65 MILES LAND MANAGEMENT GROUP, INC
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;
ITEWORKS
/ EROSION CONTROL PLAN ODELL WILLIAMSON
,r
;
lo.i : a w S
. OCEAN ISLE BEACH 2 CAUSEWAY DRIVE
w D&99fi yD Pal. GOLF COURSE OCEAN ISLE BEACH, NC 28459
m 'O """ "" ?•' R? i•oi 9 HOLE ADDITION i919i 579-8222
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ZCL C=?Yy?YC ZCC3=?C=CZCCC L-YZYYZ=YZYYYYYYYYYYYYYYYZCZZYy VYy?YYYY YyCCy
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:?SSa?B ? n;i. $p sa fx5o;8 aria=ski ss azgax;?dsa?s?aq$ax$sR$ ?s n9
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SCS SOILS MAP
(WETLANDS ARE LEON. & TORHUNTA SOILS)
aakB 4--k
.ty,TM^,•??? `. .ski ? «+L ...y?,?,,,?,. ? , o
•ti.+??' , .? MK `;F, 'U1''? ? ,1{ ??" ...7 , 'Ia v`S` Q?A ?. ' ip?l. y??' i?:
fit d . '+!'. '8?•111.;w?? 4 i. , a ? ?\\ ? "?{ ... v ? ` y; '?tV ?
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X14
LAND MANAG
OUP, INC
Sawyer o
State of North Carolina
Department of Environment, Health, and Natural Resources
Wilmington Regional Office
James G. Martin, Governor Bob Jamieson
William W. Cobey, Jr., Secretary April 3, 1991 Regional Manager
LETTER OF APPROVAL
Mr. Odell Williamson
#2 Causeway Drive
Ocean Isle Beach, North Carolina 28459
Re: Letter of Approval
Project Name: Ocean Isle Beach Golf Course
Location: NC 179 - Brunswick County
Submitted by: Siteworks Design Group
Date Received: March 27, 1991
Re-Submittal
Dear Mr. Williamson:
This office has reviewed the subject sedimentation and erosion control Plan.
We find the plan to ' be acceptable and hereby issue this letter of approval with
comments as attached.
Please be advised that Title 15A, of the North Carolina Administrative Code,
4B.0017(a) requires that a copy of the approved plan be on file at the job site.
Also, you should consider this letter to give the Notice required by GS 113A-61(d)
approved plan. The last page which lists approval comments should be copied and
attached to the sedimentation and erosion control plan that is maintained on site.
North Carolina's Sedimentation Pollution Control Program is performance
oriented, requiring protection of the 'natural resources and adjoining properties.
If, following the commencement of this project, it is determined that the erosion
and sedimentation control plan is inadequate to meet the requirements of the
Sedimentation Pollution Control Act of 1973 (North Carolina General Statute 113A-51
thru 66), this office may require revisions to the plan and its implementation to
insure compliance with the Act.
Recognizing the desirability of early coordination of sedimentation control, we
believe that it would be beneficial if a pre-construction conference could be
arranged to discuss the approved plan for this project. Please contact this office
and let us know the date of construction start-up and the date of pre-construction
conference so that we may attend.
7225 Wrightsville Avenue, Wilmington, N.C. 28403-3696 0 Telephone 919.256.4161 • Fax 919.256.8572
Mr. Odell Williamson
April 3, 1991
Page 2
We look forward to working with you on this project. If you have any
questions, please contact our office.
Sincerely,
Daniel Sams,
Regional Engineer
Land Quality Section
DS/sfc
cc: Linda Lewis, Siteworks Design Group, PA
LETTER GRANDFATHERING MECHANIZED LAND CLEARING
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
xmTO . January 21, .1991
wm
PFM
Regulatory Branch
:SUBJECT: File No. CESAW-CO91-P-010
Ocean Isle Beach Golf Course, Inc.
c/o Ms. LaDane Bullington
Eleven Causeway
Ocean Isle Beach, North Carolina"28469
Dear Ms. Bullington:
On November 15, 1990, you and your brother met with Mr. Hugh Heine of my
staff regarding your company's plans to complete the existing Ocean Isle Beach
Golf Course off the Shallotto River, in Ocean Isle Beach, Brunswick County,_
North Carolina.
The existing Ocean Isle Beach Golf Course is located on N.C. Highway
S.R. 1184. This property was purchased on December 28, 1976, and work begun
in 1978. An additional 9 holes were planned to be constructed next to the;
intersection of N.C. Highway S.R..1184 and N.C. Highway 179. This proposed
expansion contains about 125 acres. A considerable amount of money has been
expended since 1976 to survey, complete the initial clearing, and finalize the
necessary architectural/engineering drawings.
By public notice dated August 2, 1990, the Wilmington District informed
the citizens of North Carolina.that we had received the enclosed Regulatory
Guidancr,e Letter (RGL) No. 90-5, effective July 18, 1990, from the Office of
the Chief of Engineers establishing a new policy with regards to landclearing
activities subject to Section 404 jurisdiction. It is the Wilmington
District's interpretation that a Section 404 permit will be required for any
landclearing operation being conducted with mechanized equipement. Paragraph
4 of the RGL No. 90-5 states that a property owner who can demonstrate that he
has committed substantial resources toward clearing, in reliance on earlier
Corps' guidance, is not subject to this RGL.' Since your company has clearly
spent time and resources on this 125-acre tract for the proposed golf course
expansion before July 18, 1990, Ocean Isle Beach Golf Course, Inc. is not
subject to RGL No. 90-5. ,
However, the company is still subject to our earlier letter dated
March 23, 1989 (copy enclosed). This policy states that any excavation from
"Waters of the United States" within the State of North Carolina will require
a Section 404 of the Clean Water Act permit. Those who persist in attempts to
carry out such work in the future, without first obtaining the required
-2-
permit,.should take notice that our dicovery of any discharge of dredged .or
fill material in waters or wetlands, no matter whether accidental or
otherwise, will result in our immediate pursuit of the strongest available
legal remedy, to include a request that the U.S. Attorney file a criminal
action, and a notification-to the U.S. Environmental Protection Agency with a
request for an appropriate administrative order and fine.
Therefore, at its own risk, the Ocean Isle Beach Golf Course, Inc. can use
root-raking within the 125-acre tract. We would strongly recommend that the
company contract with a biological consultant to have the wetlands on the
125-acre tract delineated. My representative would need to verify your
consultant's wetland delineation. After this is accomplished, the wetland
line would need'to be surveyed. Mr. Heine would then need to verify the
accuracy of the surveyed wetland line.
As indicated during this meeting, before any dredged or fill material is
placed.in any waters or wetlands, the required Department of .the Army permits
must be obtained. Failure to obtain this required Department of the Army
authorization will constitute a violation of Federal law.
Should you have any questions.or comments, please contact Mr. Heine at
telephone (919) 251-4725.
Sincerely,
e Wri t
Chie Regulatory Branch
Enclosures
LAND MANAGEMENT GROUP,INC.
P.O. BOX 2522
WILMINGTON,N.C. 28402
DATA FORM .
ROUTINE WETLNM DET9HMI M0N
(1987 COE Wetlands Dolincation Manual) WETLAND DATA
Pro?ectlSlte: OO1e t' ?a?C C ?t? ?a,,, Date: 5= .
Appucant/Owner. 17:7.&- 4Qn-e, i County:
InvesdCatar: A Woc.. L Smta: low.-
Da Normal Circumstances oxis: on the sift? as o Community 10: ?_
the site S1WUfkantly disturbed (Atypical Situation)? o 7ransect S0: Is the aroa a potential Problem Arcs? o Plot 30:
(if needed. explain on reverse.)
VEWATION J",oq-
PrwM 5 wei" Srrwrrn.. leM}"iQe??w`?r?wr
J-, sL
e,ct V,
6 o.S
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10. r
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13. Y- ?c ? ?? ?L
14. dC?r C?_ GG
G tiJ}.rra w.? ..???=74•.
Pstoaat of Doaa(aeat Spocioa that No 036 FACW of FAC
(•xctu Um PAC I. GO ! ° F.,,- 42
?h Jr; av--
Roa e"*
4-c- ?j j( (/a .q ?-7??..? c+-r..? s o , ? s «10? .? e- c?, a s
HYDRCLCGr a"a.Q lc Lv ?~ u - Vr,,-d ;
..elsaw4w Onto tDascciho b Raacadcs?; Wstiand Hydcobpy ladicators:
Stream. Lake, ar 11" Gau{to
a? W S ia Upper 12 k""
?No Scat Marks
Dan un•s
ROM Observstioae: 5•dimont D•posiu
acaiaaps psuffas in w•uaads
Depth of Suds= water. axWWW Root ChwWa4,14n Upper 12 bu.b•s
Depth to Floe water is Pit; L a, 6 an.? ? ? Sun oy Data
t?u1 to Satucemd Soil.
?Tgai ltd last
iExptdn In
Cdc.ro
Raacadcs: Z& walls W"-1c, v i 1
a ?hrl cd.._19c--aL
LOOKING NORTH AT 125 ACRE SITE
NOI I AI I I AI[IWAYS & Ii( ADWAY-'? I IAV I Iil IN (;I I AM M
TYPICAL VIEW OF ISOLATED LEON SOIL WETLANDS ON PROPERTY