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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. -2- 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 -2- 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 i L?lO. ?.N ?>tTi DR. T ?ti T Re 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- r DOT_# . R(--'D_? r,'RG P AP mF? i?A_ v I; ..1V;_ r-,D?l : ')i•) 1 1/ (Y-3 ., 0 ., . ._ REGOFFICE: WIR(: RI_VET'_-_A.AID_ _:UL nA:_?IIv'# : 03 d't S? I'REAM C' LASS S`I`R INDEX .TO ^ ??- S . _ : --, - : Cn7L--I MPAC',T ? : i? WT,-TYPE: 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-. i ' • • • • • 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. •.•••••.•••••••••••.•••• ••••••••.•••••••••••••••• •sum „ •••••. Water storage • Bank/Shoreline stabilization O l x 4.00 - Pollutant removal 1 i 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-' ° k-k*> LOCATION MAP - (BRUNSWICK COUNTY) SCALE :1"=2.65 MILES LAND MANAGEMENT GROUP, INC frotw?u&a i I U99-619 (6161 NOILOt7tl 31011 6 100- •ows a100- •.s p'o'd W ? ? 69489 ON 'NOtl36 31SI NV300 3SHft09 d10J yd '&,Wo WOO 0 WHO AVM3SIttl0 z HOW36 31SI NW300 • NOSWVI111M 't13GO Nv1d IOH1NOO NOISOH3 S){aOM311 / ?• a ? y & ? . it E ; i° x z f' _-? - ? 0 Is.. I bi ?j ? i ??? • .fig I a ? N Z, II B cI O < _ I ?? ® I f i ? Ooh ? 1'? J r? ? `?? -- I I 0 LY O ;, J1 Z n- Z _ GC ? s ? ? 4 I F W ca >- z Zvi Z ei) t o Mail r O ?I '` ?r r? t ti ' t y W co W p r Id --- ci ` --- s f.- LLI Q EL J tr O. • - e Cl LL Z WI N + I! Y m / LL. ° Ij •- _ 8ro ir?J....... ? is s;st=t _"" Illliii" 7 e Isaias + __ ?? ?i• ?1 tlstttl 7? ! ESE --- - -- -- :---- ...... OCEAN ISLE BEACH GOLF COURSE TOTAL ACREAGE =125 TOTAL WETLANDS =17.6 ACRES M o 3 Q' N+ ?o I i V 3v a 1 C ?i aoy H U w cc U d z O cl) O to 0 e? m W J U m D w z 0 cf) w 0 404 WETLAND SURVEY Cb -_ n sg? ? j . Sb0 ? 0??2 O,y f lip >o . 1141 $BAR,vBv?. as??"g s? Yg °i???8cv$sxs??sF?a '??ac8 8a ? iy?Pg$RaAx AO 00 C L LL YY YCL L LLLLLLLLL LY',LYYLLY YYYYYYY yYYYYYYLLCLYY'uYY. YYYY YYLLY L L YB• • L$i? ? n?ApR•L?? k@?? L' t??8$kp• R?F• R8?'s$?g???g?s?$?W a' :?: ???R?Y??? R9y^jR? a? ?oPM1?e??:??bo??x =?p?5Rpp7 [?`?fi???? a ?? ??F$??=:???n8?./.F?g?s a??- ???? Mrl al•wP1Y ?=Y.Eiii?=iiiiiiiiaOYI.????M?PM?q?fippO?O/?iMpd?A$iA?ii aAAAi < i M.2 p RRA O OA 6 ryM1M1f 'f ? O 2,?< 5 A ?7- YR Yn ? ?:: 2 2 636 120 ??a'?1S?h?ii??Fi as $g S er? ? € w? A o'?A'oo?88?$x s?;. ? ???R:, r? ? V iac a4v kw ?aoa aaw svN SCS SOILS MAP (WETLANDS ARE LEON. & TORHUNTA SOILS) din,. rAo 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 II ;t tifif It t, ` Fi! irtiti I ? i i 1 iq i•tiiE ,S m ? Z •. 6 03 R•'?? `,`?Qjjj ik . ?d 4 P p il?? `I i T m m ? H i A p O 1 (L g r it 1 i wI4 • O Z H ? i ? GEC n ? m ? •7i; --.- i? r, i ol?b cm 4b 1 fill ? _ i i {y gy qe ?i s ' } I +• E t? I 1 I Q ? fq?! ?? } tf } ; / = y i i ``'--- Et: i R i ? O N ,1 N -n O m • N + i m I ' C) -- - --g- a --? M v COO) CO L ` °z -c v - 1 I i m r : O D ttomme Z i m 1 ? ? a O r O S 011- r D -'Z 0 w Z G rye , , C) ` r _ 77 fIf, m > : =z --- i ? 1 t t d? c' t '"y - r E I ° „ 1 i '°"i?}? ?}` ; 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 I ? r nv»i•wot I I 0 m Cn G) z m v C7 0 m Go C- - r CO O z n 0 m %or - 14 per- .4' .0-; I? r i S380`d 9'L l = SdNdl13M 14101 SZ L = 30V380V 14101 3S8t10o 109 AOV38 31st NV330 W -? ?... zt? ado 1 g dOWW ?v a? i I v 1' 404 WETLAND SURVEY I'll ae eM gl+• ?Ib'M/ ?nea p ???r C F n sg? ? O KDJ.I? W 1 ?I ff $8iP??8-v:?????p#s?b?xB???o??$°8G9?s3aY?4?gpY??+C8?8aPG??YRgaRa??c iFx6; ZCL C=?Yy?YC ZCC3=?C=CZCCC L-YZYYZ=YZYYYYYYYYYYYYYYYZCZZYy VYy?YYYY YyCCy R?$a??s?Rx????x$a?s? :?SSa?B ? n;i. $p sa fx5o;8 aria=ski ss azgax;?dsa?s?aq$ax$sR$ ?s n9 sxtn?xFaALax$•Siiiiiiiiiipiiiiiiiigpgqqppqqiipqpqqppqqp ii:zz ggop: < gpgqiiiiaiii < ip q ?RIY2iR$ ba$aa =R a ? ? d x Vft$ tIF FM ?6 R a sX s r »i YiVJ 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 ? NNW 'fi;s ? 'max ti >?"vt s? 4IU sai 4 • '? W.4 ;lr.• V'"c..,{ 4' r Yvd '; - .Y5:,? r: A. '?"t.? tSa41?+'? -•••Y '1 A• r ? srs r, ?1ri rte,. L .,: ] ? `. INTR??pASTA zc •• NeE f,J SCALE.1 "=2000' r ?i• { J0, 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 t4 3e sk____ ec.. B 1.,?_r 3. - ?w...iww..r Crwnr S "004"-w St?? lndiewM? 10. r 2Z _ 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