19951118 Ver 1_COMPLETE FILE_19951031

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS 42)
P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO
ATTENTION OF
November 27, 1995
Regulatory Branch
Action ID No. 199600309 and Nationwide Permit No. 14
Mr. Mark Wilson
c/o St. James Plantation
1 St. James Drive
Southport, North Carolina 28461
Dear Mr. Wilson:
Reference your application received October 26, 1995, for Department of
the Army (DA) authorization to discharge fill material into 0.03 acre (1540
square feet) of wetlands adjacent to Beaver Dam Creek, to construct a driveway
access to your property (Lot 28A, Phase 1) on Grey Heron Court, in St. James
Plantation subdivision, near Southport, Brunswick County, 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 of 1899 and Section 404
of the Clean Water Act, was provided by Nationwide Permit No. 14 for fills for
roads crossing waters of the United States (including wetlands and other
special aquatic sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United states is limited to a filled
area of no more than one-third acre. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands;
c. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer (DE) in accordance with the "Notification"
general condition.
Your work, sited in the coastal area, is authorized by this nationwide
permit provided it is accomplished in strict accordance with the enclosed
conditions and any required State authorization. A consistency determination
is required from the North Carolina Division of Coastal Management (NCDCM).
Contact Mr. Steve Benton, telephone [phone] for this consistency
determination. A Section 401 water quality certification is required from the
North Carolina Division of Environmental Management. Contact Mr. John Dorney,
Printed on ® Reycbd Pow
R
telephone [phone] for this certification. This nationwide permit does
not relieve you of the responsibility to obtain other required State or local
approval.
This verification will be valid until the nationwide permit is modified,
reissued or revoked, which will occur prior to January 21, 1997. It is
incumbent upon you to remain informed of changes to the nationwide permits,
which will be announced by public notice when they occur. If you commence, or
are under contract to commence, this activity before the date the nationwide
permit is modified or revoked, you will have twelve months from the date of
the modification or revocation, to complete the activity under the present
terms and conditions of this nationwide permit.
Questions or comments may be addressed to me at telephone [phone].
Sincerely,
Michael L. Hosey II
Acting Regulatory Specialist
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
Mr. John Dorney
?Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. Bob Stroud, District Manager
Wilmington Regional office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
2
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
APPROVAL of 401 Water Quality Certification
Mr. Mark Wilson
c/o St. James Plantation
1 St. James Drive
Southport, N.C. 28461
Dear Mr. Wilson:
A14 I F
E:) EHNR
November 1, 1995
Brunswick County
DEM Project # 951118
FIL
You have our approval to place fill material in 0.03 acres of wetlands or waters for the purpose
of construction a driveway at Grey Heron Court, St. James Plantation, as you described in your
application dated 30 October 1995. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 2732. This certification allows you to use
Nationwide Permit Number 14 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domcy at 919-733-1786.
Attachment
kncrely,
Howard, Jr P. .
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Domey
Central Files
Steve Morrison; Land Management Group, Inc.
951118.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 1 0% post-consumer paper

DEM ID: 9 !Ei 1 119 ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #) : NWP 14
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILXINGTON DISTRICT ENGINEER WATER QUALITY PLANNING I_,,. _((rl_._((4 111 `J i W/ (.[
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL ]f)??NAGStiE1R1? ?`?
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH
P.O. BOX 1890 AND NATURAL RESOURCES ;r.;T ? 6 1995
WILMINGTON, NC 28402-1890 P.O. BOX 29535
ATTN: CBSAW-CO-E RALEIGH, NC 626-0535
Telephone: [phone] Telephoneg91 -733-5083
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS:6i?48:'1
SEVEN(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL XANAG=RSNT
PLEASE PRINT.
1. Owners Name: Mark Wilson c\o St James Plantation
2. Owners Address: _I St. James Drive Southport. N.C. 28461
3. Owners Phone Number (Home):_910-278-1659 (Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
Steve Morrison c/o Land Management Group, Inc.
P.O. Box 2522
Wilmington, NC 28402 910-452-0001
5. Location of work (MUST ATTACH MAP) County: Brunswick
Nearest Town or City: Southport
Specific Location (Include road numbers, landmarks, etc.):-see vicini map
6. Name of Closest Stream/River: Beaverdam Creek
7. River Basin:-Cape Fear River
8. Is this project located in a watershed classified as Trout, S A,HQW,ORW,WSI,or WSII? YES[X
NO[ I
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [XI
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
+/-.25 acres
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: .03 acres (1540 square feet )
distance crossed - 110' with a 14' r/w
Total Impacted:-.03 acres 1540 square feet
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):-fill permits needed to
lace fill in wetlands to bring elevation to grade with surrounding upland areas for the purpose of
residential lot access.
13. Purpose of proposed work: The proposed fill is necessary for bringing elevations to rg ade to provide
road access for an individual lot driveway.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also,
note measures taken to minimize wetland impacts. Wetlands must be crossed to provide upland access.
Wetlands have been flagged and surveyed. The wetland crossing is being proposed at the narrowest
possible crossing area within the lot lines.
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 [X] 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 [X] NO [ ] RESPONSES FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation may 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 property? residential
F. If applicable, what is proposed method of sewage disposal? community package plant
October 30, 1995
Steve rrison date
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PROPOSED NWP 14 -q U.S.G.S. 7.5' Topographic
Brunswick County Proposed NWP 14 Crossing
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MARK WILSON
PROPOSED NWP 14
Brunswick County
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LAND MANAGEMENT GROUP, INC.
DATA FORM
ROUTINE WETLAND DETERMINATION UPLAND
(1987 COE Wetlands Delineation Manual')
Pace 1 of 2
Project/Site: St. James Plantation section 8 Date: Nov. 19,11993
Applicant/Owner: St. James Plantation - County: Brunswick
Investigator: Steve Morrison State: NC
Do Normal Circumstances exist on the site? es No Community ID: Upland
Is the site significantly disturbed (Atypical Situation)? Yes N Transect ID: -
Is the area a potential Problem Area? Yes ? Plot ID:
(if needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum indicator
1. Loblolly pine v Tree FAC 9. Carolina jessamine W. Vine FACU
2. Turkey oak Shrub FACU 10. Sweet pepper G. Cover FACW
3. Post oak Shrub FACU 11. Bracken fern G. Cover FACU
4. Yellow popular - Tree FAC 12. Partrige pea - G. Cover FACU
5. Dwood Shrub FAC 13. - -
6. Sassafrass Shrub FACU 14.-
7. American holly Shrub FACW+ 15.
8. Wild gramme _ _ W. Vine - FAC 16.
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-)
---
-
--- 25 percent --
? ------
Remarks: -
HYDROLOGY
--
Wetland Hydrology Indicators: --
Recorded Data (Describe in Remarks): Primary Indicators
Stream,Lake, or Tide Gauge Inundated
_
-Aerial Photographs -
X Saturated in Upper 12 Inches
Other Water Marks
X No Recorded Data Available X Drift Lines
-
Sediment Deposits
X Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
-Oxidized Root Channels In Upper 12 inches
Depth of Surface Water: (in.) X Water-Stained Leaves
X Local Soil Survey Data
Depth to Free Water in Pit: >12° (in.) FAC-Neutral Test
_ _
-Other (Explain in Remarks)
Depth to Saturated Soil: > 12" (in.)
-
Remarks: - - --- - - - -? ---'
-
SOILS Prolect/Site: St. James section 8 Paae 2 of 2 upland
Map Unit Name
(Series and Phase): Leon fine sand Drainage Class: Two
Field Observations
Taxonomy (Subgroup): Aeric Haploquods Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Texture, Concretions,
(inches) Horizon _ (Munsell Moist) Abundance/Contrast Structure, etc.
-? single grained; loose
0-6 A 10YR 6/1 - clear wavy bounds
single grained; loose
6-14 E _ 10YR 7/1 clear wavy bounds
massive; friable;
14 - 17 C\Bhi 5YR 3/1 gradual wavy bounds
massive; friable;
17 - 23 C\Bh2 _ 5YR 3/3 few medium faint (5YR 2/1) clear irregular bound
single grained; loose
23 - 30 E' 10YR 7/1 - gradual wavy bounds
Hydric Soil Indicators:
Histosol Concretions
-_Histic Epipedon -High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime __
-Listed on Local Hydric Soils List
Reducing Conditions -Listed on National Hydric Soils List
_Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks: No hydric soil indicators observed in upland areas.
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes No (Circle) (Circle)
Wetland Hydrology Present*? Yes K1_0o
Hydric Soils Present? Yes o Is this Sampling Point Within a Wetland? Yes No
Remarks:
Wetland line flagged in pink/black ribbon.
Applicant\owner;
St. James Plantation Land Management Group, Inc.
PO Box 10879 Post Office Box 2522
Southport, NC 28461 Wilmington, N.C. 28402
LAND MANAGEMENT GROUP, INC.
DATA FORM
ROUTINE WETLAND DETERMINATION WETLAND
(1987 COE Wetlands Delineation Manual)
Paos 1 of 2
Project/Site: St. James Plantation - section 8 Date: Nov. 19,93
Applicant/Owner: St. James Plantation County: Brunswick
_
Investigator: Steve Morrison State:- NC
Do Normal Circumstances exist on the site? es No Community ID: Wetland -
Is the site significantly disturbed (Atypical Situation)? Yes O-) Transect ID: - -
Is the area a potential Problem Area? Yes lo? Plot ID: - ,_
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant P ant Species Stratum Indicator
1. Loblolly pine _ Tree_ FAC 9. Gordonia Shrub FAC
2. Black um _ Tree OBL 10. Netted chain fern - G. Cover OBL
3. Sweet bay Tree FACW+ 11. Cinnamon fern G. Cover OBL
4. Sweet gum Tree FAC+ 12. Royal fern G. Cover OBL
5. Red maple Tree OBL 13. Sphagnum moss G. Cover OBL
6. Loblolly Bay Tree FACW+ 14. Catbrier _ W. Vine FAC
7. TITi Shrub FACW 15. Smilax W. Vine FAC
8. Fettabush Shrub FACW 16. - - T _
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-)
- -------------------
-
- -----
------
--
Remarks: -"?- ---- --- --
- ----
---- ---
-
HYDROLOGY
Wetland Hydrology Indicators:
--Recorded Data (Describe in Remarks): Primary Indicators
Stream,Lake, or Tid e Gauge Inundated
__
----Aerial Photographs _ -
X Saturated in Upper 12 Inches
-
Other Water Marks
_
X No Recorded Data Available _X Drift Lines
Sediment Deposits
X Drainage Patterns In Wetlands
Feld Observations: Secondary Indicators (2 or more required):
-Oxidized Root Channels in Upper 12 inches
Depth of Surface Water: _
_ (in.) _ X _Water-Stained Leaves
X Local Soil Survey Data
Depth to Free Water in Pit: _ <12" (in.) FAC-Neutral Test
_
_
Other (Explain in Remarks)
Depth to Saturated Soil: <12" (in.)
Remarks.
.1
1
SOILS Project/Site: St. Jaynes Plantation section 8 Page 2 of 2 wetland
Map Unit Name
(Series and Phase): Murville mucky fine sand Drainage Class: Four
Field Observations
Taxonomy (Subgroup): Typic H lap aquads Confirm Mapped Type? Ye s No
Profile Description:
Depth Matrix Color Mottle Texture, Concretions,
inches Horizon (Munsell Moister Abundance/Contrast Structure, etc.
very friable; weak med.
0-5 A 5YR 2/1 granular structure
- massive; very friable
5-35 Bh1 5YR 2/1 gradual wavy bounds
massive; very friable
35 - 55 J Bh2 _ 5YR 3/2 gradual wavy boundary
Hydric Soil Indicators:
Histosol Concretions
_
Histic Epipedon _
X High Organic Content in Surface Layer in Sandy Soils
X Sulfidic Odor Organic Streaking in Sandy Soils
-
-
X Aquic Moisture Regime Listed on Local Hydric Soils List
k
-
X Reducing Conditions Listed on National Hydric Soils List
_Gleyed or Low-Chroma Colors ,Other (Explain in Remarks)
Remarks:
L?_
11
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes No (Circle) (Circle)
Wetland Hydrology Present? ?Y No
Hydric Soils Present? No Is this Sampling Point Within a Wetland? Yes No
Remarks:
-- - - - - ---- - -- Approved by HOUSACE 3/92
Applicant\owner;
St. James Plantation Land Management Group, Inc.
PO Box 10879 Post Office Box 2522
Southport, NC 28461 Wilmington, N.C. 28402
910-452-0001
540MA, Ac.
At 01,4m AX 2522
Wdmingtm, ?lrott{? Waw4na 28402
9d'. W-452-000f
9wa Y. 100(d
SP ., 5J: 96".
dills M
38o3 °X% ,a4erwe
vaminvton, ?1'`B 28403
October 30, 1995
John Dorney
Water Quality Planning
Div. of Env. Management
4401 Reedy Creek Road
Raleigh, N.C. 27607
RECEIVED
OCT 2 6 1995
ENVIRONMENTAL SCIENCES
Dear John:
Enclosed is a Nationwide Permit request by Mark Wilson to fill .03 acres of wetlands. A NWP
14 is proposed for fill to bring 404 areas to grade with existing high ground areas for the purpose
of providing a suitable road crossing for individual lot access.
Thank you for your timely response and should you have any further questions, please feel free to
contact me at your convenience.
Sincerely,
Steve Morrison
Environmental Consultant
SM\cj
Enclosure: 7 copies of application
cc: U.S. Fish & Wildlife
Micheal Hosey, C.O.E.
National Marine Fisheries
CAMA
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
November 13, 1995
Mr. Mark Wilson
St. James Plantation
1 St. James Drive
Southport, NC 28461
RE: Nationwide Permit Application/.25 Acres of Fill
Grey Heron Court, St. James, Brunswick County
Dear Mr. Wilson:
ED Ei--1NR
The North Carolina Division of Coastal Management has reviewed the above-referenced application for a
Nationwide Permit dated October 30, 1995 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 (910)
395-3900 if you have any questions or need further assistance.
Sincerely,
C. Robert Stroud, Jr.
District Manager
cc: Preston P. Pate, Jr., DCM
Steve Benton, Consistency Coordinator
Michael Hosey, Wilmington District COE
John Dorney, DEM/Raleigh
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer