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          I'                                                             US Army Corps
                                                                      of Engineers

                                                                      Charleston District



                                  ACKNOWLEDGEMENT

  The U.S. Army Corps of Engineers and the South Carolina Coastal Council wish to express sincere
appreciation to the Federal and State agencies identified in this handbook for their cooperation in providing
information on their agency's policies and perspectives. This information was essential to development of an
effective "Developers Handbook". Without their input, this booklet could not have provided the range of
information necessary for developers to fully understand and appreciate the role and responsibility of all the
agencies involved in the environmental regulatory process.






H. Wayne Beam                                                          Stewart H. Bornhoft
Executive Director                                                     Lt. Colonel, Corps of Engineers
South Carolina Coastal Council                                         District Engineer









                         ADDITIONAL ACKNOWLEDGEMENT

  The U.S. Army Corps of Engineers and the South Carolina Coastal Council wish to express sincere
appreciation to the South Carolina Department of Parks, Recreation and Tourism's Division of Engineering
and Planning fortheir cooperation in providing thetechnical assistance necessaryto bring this publication to
print.








                          TABLE OF CONTENTS

I SECTION                                                                                             PAGE
       PREFACE .................................iv
U    ~~~LIST OF AGENCIES.............................vii

I   I~~. PERMIT OVERVIEW............................                                                         1
     II. IDENTIFYING FRESHWATER WETLANDS...................3
          Definition................................4
 I           ~~~~Freshwater Wetlands Characteristics...................                                    5
          Delineations..............................                                                 9
 H Ill. THE MAJOR PERMITS AND AUTHORITIES..................1 1
          U.S. Army Corps of Engineers......................1 1
          S.C. Water Resources Commission & Budget and Control Board.......15
          S.C. Coastal Council...............19
           S.C. Department of Health and Environmental Control............23
          S.C. Land Resources Commission.....................26

I~~IV   POLICIES AND PHILOSOPHIES OF FEDERAL & STATE REVIEW AGENCIES   ...28
          S.C. Wildlife and Marine Resources Department                 .        ..............28
          U.S. Fish and Wildlife Service.......................29
          U.S. Environmental Protection Agency...................31
          U.S. National Marine Fisheries Service...................33
          S.C. Attorney General ..........................33
          S.C. Department of Archives and History..................34

    V. THE PERMITTING PROCESS.........................34
          Individual Permit Process ........................35
          Nationwide Permit #26 Process......................37
          Projects in the Coastal Zone .......................38
           Projects Inland of the Coastal Zone....................40

 IVI. FLOW CHARTS...............................41
 IVII. WETLAND MASTER PLANNING .......................48

   Vill. GENERAL GUIDANCE............................48
           Do'Is and Don'ts.............................48
 *             ~~~~Planning Approach ...........................49








                          APPENDIX -A

I FORM                                                         PAGE

IWETLAND DELINEATION REQUEST FORM .....................A-i

 S.C. WATER RESOURCE COMMISSION PERMIT APPLICATION FORM
   WITH SAMPLE DRAWING ............................A-2
I AFFIDAVIT OF OWNERSHIP OR CONTROL FORM..................A-7

I CERTIFICATION OF PUBLICATION INSTRUCTIONS .................A-8

 STATEMENT OF CONSISTENCY FORM ......................A-10

I CORPS OF ENGINEERS APPLICATION FORM ...................A-i 1

 CORPS OF ENGINEERS APPLICATION GO-BY WITH SAMPLE DRAWINGS
I(2 DIFFERENT SAMPLES)............................A-13
  DRAWING FORMAT SHEET (REPRODUCIBLE) ...................A-27

IDRAWING REQUIREMENT LIST..........................A-28

bPREDISCHARGE NOTIFICATION FORM FOR PROJECTS LOCATED
   INLAND OF THE COASTAL ZONE ........................A-30
  PREDISCHARGE NOTIFICATION GO-BY FOR PROJECTS LOCATED
IINLAND OF THE COASTAL ZONE ........................A-31
  PREDISCHARGE NOTIFICATION FORM FOR PROJECTS LOCATED
IIN THE COASTAL ZONE ............................A-32
  PREDISCHARGE NOTIFICATION GO-BY FOR PROJECTS LOCATED
   IN THE COASTAL ZONE ............................A-33
'SAMPLE WRITTEN DESCRIPTION OF PREDISCHARGE NOTIFICATION
HAND SAMPLE DRAWINGS ...........................A-34
  NATIONWIDE PERMIT CONDITIONS AND BEST MANAGEMENT PRACTICES......A-40








                          APPENDIX - B


I  FORM                                                                PAGE

IPLANT LIST ...................................B-i

   SOILS LIST....................................B-4

I PORTION OF NATIONAL WETLAND INVENTORY MAP ...............B-15

   REVIEW AND COMPLIANCE PROCEDURES OF THE S.C. DEPARTMENT
I   ~OF ARCHIVES AND HISTORY..........................B-16

   ARCHEOLOGICAL GUIDELINES..........................B-19

IGLOSSARY....................................B-23






                                               The requirement to obtain a permit to place dredged or fill material in
                                               certain "Freshwater Wetlands"' in the State of South Carolina is
                                               relatively new and has significantly impacted commerical, residential
                                               and industrial developers.
                                               The involvement of the Corps of Engineers in regulating activities in
                                               freshwater wetlands started with the Federal Water Pollution Control
                                               Act Amendments of 1 972. This law contains language that authorizes
                                               the Secretary of the Army, acting through the Chief of Engineers, to
     I                                     ~     ~~~~~~~~~~~~~subject deposits of dredged or fill material to a permit requirement. In
                                               implementing the 1 972 Act, the Corps limited its authority to those
                                               areas that had been traditionally regulated. The Corps of Engineers
                                               was challenged in Federal court on its decision to regulate only those
                                               areas that it had regulated in the past. As a result of this suit the Corps'
                                               authority to regulate wetlands was expanded to include all waters of
                                               the U. S. and their adjacent wetlands, including lakes. This new and
                                               expanded jurisdiction became affective in July 1975. In July 1982, the
                                               Corps of Engineers issued new regulatory rules which included
                                               several hundred changes. Most of these changes were of little or no
     I                                     ~     ~~~~~~~~~~~~significance and consisted of such things as changing the name of the
                                               Federal Water Pollution Control Act Amendments of 1 972 to the Clean
                                               Water Act. The most significant and controversial change was the
     I                                     ~     ~~~~~~~~~~~~clarification and expansion of the nationwide permit program. Nation-
                                               wide permits are authorizations issued by the Chief of Engineers that
                                               approve certain types of activities in specific waterbodies that are
                                               similar in nature and that have a minor impact on the aquatic resource
                                               either singularly or cumulatively. There are, at present, 26 nationwide
                                               permits that have been issued by the Chief of Engineers and others are
b~~~~~~~~~RFC currently under consideration.
                              PREFACE         ~~Six months after the publication of the 1982 final regulations, 16
                                               environmental organizations filed suit against the Department of the
     U                                     ~     ~~~~~~~~~~~~Army and the Environmental Protection Agency over several provisions
                                               of the Corps of Engineers interim final regulations. In February 1 984,
                                               the Court approved a settlement agreement between the plaintiffs (the
                                               1 6 environmental organizations) and the defendants (the Corps of
     I                                     ~     ~~~~~~~~~~~Engineers and the Environmental Protection Agency) whereby the
                                               Army agreed to publish regulations proposing several policy and
                                               procedural changes and modifications to certain nationwide permits.
     I                                     ~     ~~~~~~~~~~The settlement agreement was endorsed by the Army (Corps of
                                               Engineers), the Department of Justice, the Environmental Protection
                                               Agency, and the 16 environmental organizations. In March of 1 984, the
                                               Corps of Engineers published proposed rules as part of the settlement
                                               agreement for this suit. Among other things, these regulations
                                               relocated and combined the nationwide permits which addressed
                                               discharges into areas above the headwaters and discharges into
     I                                     ~     ~~~~~~~~~~~isolated waters into a single new nationwide permit. This new
                                               nationwide permit (#26) was formally adopted when the Corps of
                                               Engineers reissued five Nationwide permits by publishing regulations
                                               in the Federal Register of October 1 984. The change in rules and the
                                               adoption of the new nationwide permit #26 allowed for a "Grandfather"
                                               provision for activities on-going in October 1 984 and that "Grand-
                                               fathering" expired on April 4, 1 986. Concurrent with these significant
                                               changes in processing procedures, the Corps of Engineers' policies
                                               regarding jurisdiction in freshwater wetlands had also been continually
                                               changing.

                                               This evolution of the Corps' permit jurisdiction in wetlands reached the
                                               ultimate point of its succession on November 8, 1985, when a memo






                                         from the Deputy Director of Civil Works was forwarded to all District
                                         Engineers that clarified the Corps of Engineers jurisdiction in isolated
                                         wetlands. This memo was forwarded pursuant to a commitment made
                                         by Mr. Robert Dawson (then the Assistant Secretary of the Army) to the
                                         Senate Committee on Environmental and Public Works, Subcommittee
                                         on Environmental Pollution and included as an attachment, an
                                         Environmental Protection Agency (EPA) Memorandum on Clean
                                         Water Act Jurisdiction over Isolated Wetlands.

I                                       ~~~~~~~~~~~This EPA Memorandum was prepared in response to a specific
                                         question that was raised during Senate oversight hearings on the
                                         Section 404 program. The question arose after EPA's Deputy Assistant
I                                     ~     ~~~~~~~~~~~~~Administrator for External Affairs listed seven factors that it believed
                                         should be used as indicators of connections to interstate commerce to
                                         determine jurisdiction in isolated waters and wetlands. It was noted by
                                         one of the Senators on the Committee that three of the indicators
                                         which dealt with migratory birds and endangered species failed to
                                         include the premise that jurisdiction would be established if the area
                                         COULD BE USED by migratory birds and endangered species (as
                                         opposed to "IS USED").
                                         The EPA Memorandum specifically addressed that agency's opinion
                                         regarding the use of wetland areas by migratory birds or endangered
                                         species in asserting jurisdiction over isolated waters. In other words,
                                         did the EPA require proof that a particular wetland was actually used
                                         by such birds or endangered species prior to recognizing jurisdiction
I                                     ~     ~~~~~~~~~~~or whether EPA would be satisfied with evidence that such wetlands
                                         COULD be so used? The answer was that if the evidence reasonably
                                         shows that the waters are used or WOULD be used by migratory birds
                                         or endangered species, it is covered by EPA and Corps regulations.
                                         The clarification memo sent to all District Engineers throughout the
                                         nation indicated clearly that the EPA's memorandum was to be
                                         considered the official Corps of Engineers policy. As a result of this
                                         memo, the Charleston District contacted the state ornithologist for
                                         information on which species of birds protected under the Migratory
I                                     ~     ~~~~~~~~~~~~~Birds Treaty utilized these isolated areas. It was revealed at that time
                                         that migratory birds can and do use virtually all, if not all, isolated
                                         wetland areas in the State of South Carolina and therefore, all of these
                                         areas could reasonably be considered jurisdictional under such a test.
                                         When we talk about regulating freshwater wetlands in the State of
                                         South Carolina, one must realize that this state contains approximately
                                         5 million acres of wetlands of which approximately 3 112 to 4 million
                                         acres are considered "Freshwater Wetlands". This means that approxi-
                                         mately 20% of the surface area of the State of South Carolina is
I                                     ~     ~~~~~~~~~~~considered to be "Freshwater Wetlands". Obviously in planning an
                                         industrial or residential/commercial development, the extent of
                                         "Freshwater Wetlands" should be considered early in the planning
                                         process.
                                         The two issues (changes in the NWP program and the extent of
                                         jurisdiction) discussed above, acted synergistically to create an
                                         impact far beyond that which would have occurred had each occurred
                                         unilaterally. The impact has been so significant and widespread that
                                         the South Carolina Coastal Council and the U. S. Army Corps of
                                       Engineers decided that a booklet explaining the regulatory processes
                                         as they relate to "Freshwater Wetlands" would be of assistance to
1                                       ~~~~~~~~~~~~~developers. This handbook has been designed to aid in determining if






                                           wetlands are present on a particular tract of land and, if so, determining
                                           if a permit and/or certification is required, from which agency(s), and
                                           what type of process must be completed before the work can begin.
                                          The handbook deals only with "Freshwater Wetlands" and does not
                                           discuss the requirement to obtain a permit from the South Carolina
                                          Coastal Council for activities located in the "critical area'' of the South
                                           Carolina Coastal Zone.

                                           The involvement of the permitting, certifying and commenting agencies
                                           in regulating "Freshwater Wetlands" is in its infancy and changes are
                                           likely to occur. Therefore, it is strongly suggested that developers meet
I                                     ~    ~~~~~~~~~~~with one or more of the permitting and/or certifying agencies to
                                           discuss the planned development prior to investing time and money in
*                                       ~~~~~~~~~~~~~any proposal.







         I                                 ~~~~~~AGENCY LISTING

 .      ~~AGENCY NAME                  OFFICE                      ADDRESS                   PHONE

       U.S. Army Corps          Regulatory Branch        Post Office Box 919             803/724-4330
                                                        Charleston, S.C. 29402-0919


       S.C. Coastal Council     Planning & Certification Ashley Corporate Center         803/744-5838
                                Division                 4280 Executive Place North
                                                        Suite 300
                                                        Charleston, S.C. 29405

       S.C. Department of       Office of Environmental  2600 Bull Street                803/734-5300
       Health & Environmental  Quality Control           Columbia, S.C. 29201

       Control

I     ~~S.C. Water Resources   Surface Water Division  1201 Main Street                   803/737-0800
       Commission                                        Suite I1100
                                                        Columbia, S.C. 29201

       U.S. Fish & Wildlife     Fish and Wildlife        Post Office Box 12559           803/724-4707
b     ~~Service                 Enhancement               Charleston, S.C. 29412


I     ~~U.S. Environmental      Wetlands Unit            345 Courtland Street, NE         404/347-2126
       Protection Agency        Wetlands & Coastal       Atlanta, GA. 30365
                                Program Section
                                Water Quality
      *                        ~~~~~~Management Branch

I     ~~U.S. National Marine    Habitat Conservation    Post Office Box 570               919/728-5090
       Fisheries Service        Division                 Beaufort, N.C. 28516


I     ~~S.C. Wildlife and Marine Environmental Affairs    Post Office Box 12559           803/795-6350
       Resources Department  Coordinator                 Charleston, S.C. 29412


I     ~~S.C. Department of      State Historic            Post Office Box 1 1669          803/734-8609
       Archives and History    Preservation Off ice      Columbia, S.C. 29211


E     ~~S.C. Land Resources    Division of Mining and   2221 Devine Street                803/734-9100
I     ~~Conservation             Reclamation              Suite 222
       Commission                                        Columbia, S.C. 29205






 I. PERMIT              The following is a brief overview of the permits that will be needed for
OVERVIEW                different types of activities in wetlands. This should assist in deter-
                        mining at a glance the different agencies that will be involved in the
                        process.

                        A. FILLING WETLANDS (FOR ANY PURPOSE). The placement of
                        dredged or fill material in freshwater wetlands requires several
                        permits. The agencies involved and authority(s) for requiring
                        permits are:
                        1. Corps of Engineers - permit required pursuant to Section 404 of the
                        Clean Water Act (A joint permitting process is administered by the
                        Corps of Engineers to expedite and simplify the administrative
                        processes.)
                        2. S. C. Budget and Control Board - permit required for activities in
                        state navigable waters pursuant to State Regulation 1 9-450
                        (administered by the S. C. Water Resources Commission)
                        3. S. C. Department of Health and Environmental Control - water
                        quality certification pursuant to Section 401 of the Clean Water Act
                        4. S. C. Coastal Council - certification of consistency with the Coastal
                        Zone Management Program.

                        B. DREDGING IN NAVIGABLE WATERS. Dredging in navigable
                        waters requires several permits. Navigable waters is the term used by
                        the Corps of Engineers to refer to areas in which it has traditional
                        permit jurisdiction. That term is defined in Appendix B pages 23 and
                        24. The agencies involved and authority(s)for requiring permits (for
                        dredging in navigable waters) are:
                        1. Corps of Engineers - permit required pursuant to Section 10 of the
                        Rivers and Harbors Act of 1899.
                        2. S. C. Budget and Control Board - permit required for activities in
                        state navigable waters pursuant to State Regulation 1 9-450 (adminis-
                        tered by the S. C. Water Resources Commission).
                        3. S. C. Department of Health and Environmental Control- water
                        quality certification pursuant to Section 401 of the Clean Water Act.
                        4. S.C. Coastal Council - certification of consistency with the Coastal
                        Zone Management Program.

                        C. DREDGING AND DRAINING WETLANDS. A permit may not be
                        required for dredging or draining isolated wetlands; however, Coastal
                        Zone Management Program (CZMP) consistency must be obtained
                        from the South Carolina Coastal Council if any state or Federal permit

                        D. MINING IN FRESHWATER WETLANDS. The excavation or mining
                        for sand or other minerals in freshwater wetlands requires a permit.
                        The agencies involved and authority(s) for requiring permits are:
                        1. S. C. Land Resources Conservation Commission - Mining Permit
                        required pursuant to the South Carolina Mining Act (Statutory Authority
                        Sections 48-1 9-10, 48-1 9-1 70 of 1 976 S. C. Code of Laws)
                        2. Corps of Engineers - permit may be required pursuant to Section
                        404 of the Clean Water Act, if fill, either temporary or permanent, is
                        involved and Section 10 of the Rivers and Harbors Act of 1 899 if
                        dredging or filling in navigable waters is involved.
                        3. S.C. Budget and Control Board - permit required for activities in
                        state navigable waters pursuant to State Regulation 1 9-450 (adminis-







                                          tered by the S. C. Water Resources Commission).
                                          4. S.C. Department of Health and Environmental Control - water
                                          quality certification pursuant to Section 401 of the Clean Water Act.
                                          5. S.C. Coastal Council - certification of consistency with the Coastal
                                          Zone Management Program.

                                          E. IMPOUNDMENTS IN WETLANDS. The construction of embank-
                                          ments in freshwater wetlands to create impoundments for whatever
                                          purpose (aquaculture, waterfowl management, etc.) is an activity
                                          requiring permits from several agencies. The agencies involved and
                                          authority(s) for requiring permits are:
                                          1. Corps of Engineers - permit may be required pursuant to Section
                                          404 of the Clean Water Act, if fill is involved and Section 10 of the
                                          Rivers and Harbors Act of 1899 if dredging or filling in navigable waters
                                          of the U.S. is involved.
                                          2. S. C. Budget and Control Board - permit required for activities in
                                          state navigable waters pursuant to State Regulation 19-450 (ad-
                                          ministered by the S. C. Water Resources Commission).
                                          3. S. C. Department of Health and Environmental Control - water
                                          quality certification pursuant to Section 401 of the Clean Water Act.
                                          4. S.C. Coastal Council - certification of consistency with the Coastal
                                          Zone Management Program.
                                          5. S. C. Land Resources Commission - dam structures under Dams
                                          and Reservoirs Safety Act (49-1 1-110, et.seq. 1976 S. C. Code of
                                          Laws).

                                          F. STORM WATER MANAGEMENT IN FRESHWATER WETLANDS.
                                          Storm water runoff entering freshwater wetlands from development
                                          sites does not require a permit. However, the passive treatment of
                                          storm water from development sites is required and regulated by the
                                          S. C. Coastal Council through its certification review of other agency
                                          permits. An acceptable storm water management plan is required by
                                          the Coastal Council. The use of freshwater wetlands in their natural
                                          state is preferred and often required instead of alteration of the
                                          wetlands for storm water management purposes.

                                          G. DOCKS, BULKHEADS, BOAT RAMPS. The construction of docks
                                          and boat ramps to obtain access to waterbodies as well as the
                                          construction of bulkheads to protect property from erosion are
                                          activities requiring permits.The agencies involved and authority(s) for
                                          requiring permits are:
                                          1. Corps of Engineers - permit may be required pursant to Section
                                          404 of the Clean Water Act, if fill is involved, and Section 10 of the
                                          Rivers and Harbors Act of 1 899 if dredging or filling in navigable waters
                                          of the U.S. is involved.
                                          2. S. C. Budget and Control Board - permit required for activities in
                                          state navigable waters pursuant to State Regulation 19-450 (adminis-
                                          tered by the S. C. Water Resources Commission)
                                          3. S. C. Department of Health and Environmental Control - water
                                          quality certification pursuant to Section 401 of the Clean Water Act.
                                          4. S.C. Coastal Council - certification of consistency with the Coastal
                                          Zone Management Program.



*                               ~~~~~~~~~~2







         II. IDENTIFYING               A. PURPOSE. The purpose of this section of the Handbook is to
           IFRES -HWATER                provide information for landowners, developers, and others to assist in

                                        and whether they may need to contact the Corps of Engineers
                                        concerning permit requirements. Natural vegetation is the most
                                         immediately recognizable factor in evaluating the presence of wetland
                                        situations, but consideration must also be given to soil conditions and
                                         hydrology. A plant list maybe found at Appendix B (page B-1) but it is
                                         not comprehensive and should only be used as a preliminary guide.

*I~                                        ~~~~~~~~ ~~~~It is important to note that the plant life of a given area should be looked
                                        at as a COMMUNITY and that a PREVALENCE of the listed species
                                         must be present in order to qualify an area as exhibiting wetland
                                        vegetation. In other words, just because a few of these species exist in
                                         a given area does not make it a wetland.

                                        Wetland plants are referred to as "hydrophytic" (literally, "water
                                         loving") species. The following excerpt which defines and describes
                                        this type of plant life comes from a paper prepared by Dr. Dana R.
                                         Sanders, Sr. of the Corps of Engineers' Waterways Experiment Station
                                         (a major Corps research facility) entitled "Multiparameter Approach
                                         for the Identification and Delineation of Wetlands". Other portions of
                                        this section of the Handbook contain paraphrased excerpts from this
                                         publication. By way of explanation, the terms "aerobic" and
                                         "anaerobic" used below refer to the presence (aerobic) or absence
                                         (anaerobic) of oxygen.

                                           "Plant species occuring in wetlands have morphological, physio-
                                           logical, and/or reproductive adaptations that allow them to grow,
                                           persist and reproduce in areas that are periodically inundated or
                                           have saturated soil conditions. Nonwetland plants lack adapta-
                                           tions for occurrence in such areas.

                                           Plant species vary in their tolerance to anaerobic soil conditions.
                                           Some species (red maple, for example) have broad tolerance
                                           and occur over a broad range of soil moisture conditions. Other
                                           species such as buttonbush have a narrow range of tolerance.
                                           Some species (e.g., bald cypress, smooth cordgrass) are
                                           adapted for occurrence in areas that are nearly permanently
                                           inundated, while other species are adapted for occurrence in
                                           areas that are inundated or have saturated soils for relatively
                                           short periods during the growing season. Nevertheless, species
                                           of both types are poorly adapted and lack a competitive
                                           advantage for survival in areas having nearly continuous periods
                                           of aerobic soil conditions associated with nonwetland soils.
                                           Many hydrophytic species do not occur in nonwetland areas.

                                           Hydrophytic species sharing similar tolerances to anaerobic soil
                                           conditions often cohabit areas having such conditions. In these
                                           cases, it is possible to recognize these species groups as plant
                                           communities or species associations. Within a given geographic
                                           region, the same plant community type or species association
                                           will occur wherever similar environmental conditions exist. Thus
                                            it is possible to map wetland areas based on the distribution of
                                           hydrophytic communities or species associations."






         It is these types of associations that are discussed in the following
        sections which describe the various wetland types found in South
        Carolina.

        There are many different kinds of wetlands in South Carolina, and
        almost as many systems to classify them. The most widely used
        system is the one developed by the National Wetland Inventory of the
         Department of Interior. However, this system may be too complex for
        the purposes of this booklet and, as such, a more simple approach is
         used here. Figure 1 shows the general types of wetlands described
         herein and their relationship to tidal influence.




                     ~~~~-(-TDL- -- --NON-TIDAL--_-)
                Salt Marsh
                      Brackish Marsh
                               Freshwater Marsh
                                     Wooded Swamps
                                                   Lakes
                                                       Isolated

                                     Figure 1.

         Estimates for the amount of wetlands contained in South Carolina
        show that perhaps as much as 5 million acres qualify as wetlands.
        Some of the figures are given below and are based on a 1 975 survey of
        tidal wetlands along the coast performed by the South Carolina Wildlife
        and Marine Resources Department (SCW&MRD) (Tiner, 1975), and
         additional data.

                   TIDAL WETLANDS:
                   Salt marsh                     334,500 acres
                   Brackish marsh                  35,000 acres
                   Freshwater marsh                65,000 acres
                   Wooded swamp                   - 2,000 acres

                   NON-TIDAL WETLANDS:
                   Freshwater marsh              - 25,000 acres
                   Wooded Swamp                 3,000,000 acres
                   Lakes ( 1 0 ac.)               492,000 acres
                   Isolated wetlands
                    (Carolina Bays, etc.)       1,000,000 acres

         Since the purpose of this handbook is to address predominately
         freshwater systems, no further discussions of tidal wetlands will occur.

         B. DEFINITION. The following is the definition of wetlands as it
         appears in the Corps of Engineers' Regulations at 33 CFR 328.3(b).
           The term "wetlands" means those areas that are inundated or
           saturated by surface or ground water at a frequency and duration
           sufficient to support, and that under normal circumstances do
           support, a prevalence of vegetation typically adapted for life in
           saturated soil conditions. Wetlands generally include swamps,
           marshes, bogs and similar areas.
4






        C. FRESHWATER WETLAND CHARACTERISTICS.
         1. Wooded Swamps - A distinction can be made between "scrub-
        shrub" and forested wetlands, where the "scrub-shrub" type is
        generally characterized by a dominance of woody vegetation less
        than about 20 feet in height. This may result from stunting caused by
        environmental conditions or it could simply be a successional stage in
        the maturation of a particular site (for instance, following recent
         logging or other disturbance). Such swamp areas adjacent to rivers
        and streams are dominated by such species as black willow (Salix
         nigra), alders (Alnus spp.), and buttonbush (Cephalanthus occi-
        dentalis).

         Forested wetlands comprise the majority of the total wetlands found in
        the State of South Carolina. They adjoin our major rivers and their
        tributaries from the coast to the piedmont and even into the foothills of
        the Blue Ridge mountains in the upper reaches of the State. These
        floodplain areas become "swamps" because of the influence of
         overbank flooding from the streams that they line. In the lower coastal
         plain, these areas can be literally a mile or more wide on either side of
        the river. As one progresses upstream (both up the tributaries and the
         main stem of the stream) the adjoining wetlands become narrower and
         often the hydrological influence shifts from overbank flooding to
         groundwater discharges, such as seepage and springheads.

        While these types of wetlands exhibit an extensive diversity of plants,
        there are a number of species that are fairly characteristic. To
         describe these, an effort must be made to explain that the swamp
         habitat can be divided into a number of different zones, each with its
         own characteristic vegetation community and based on the frequency
         and duration of flooding. While much of the research in this field is
         currently directed at describing five or six distinct zones, for the sake of
         simplicity, we will only attempt to discuss three - low, middle and high.

         In South Carolina, one can observe swamp habitat simply by riding
         down virtually any major highway in the State, since there are so many
         major streams with adjacent forested wetlands and the roads have to
         cross them sometime or another. For a closer look, the Francis Beidler
         Forest, located in Four Hole Swamp near Harleyville in Dorchester
         County has a 1 /2 mile long boardwalk into the swamp which was
         provided by the Audubon Society and the Nature Conservancy. This
         site contains perhaps the largest remaining stand of virgin cypress/
         tupelo swamp in the world, but the zones described here can also be
         observed.

         The lower zone (and thus the most often and longest flooded) is the
         area that people normally think of when they think of a swamp. The
         dominant trees in such areas are cypress (Taxodium distichum) and
         swamp tupelo (Nyssa aquatica), however, Carolina ash (Fraxinus
         caroliniana) and planer tree (Planera aquatica) survive very well in
         these areas. Because of the frequent and relatively deep flooding in
         these zones, very few shrubs or herbaceous (non-woody) plants
         occur and those that do are usually growing out of stumps and logs.

         The next higher zone (or the "middle" zone) usually exhibits denser
         ground cover and the dominance of tree species gradually changes to

5







                                                     such things as laurel oak (Quercus laurifolia), swamp chestnut oak
                                                     (Quercus michauxii), water hickory (Carya aquatica), and American
                                                     elm (Ulmus americana). Shrubs common  in this zone include
                                                     sweetspire (Itea virginica), titi (Cyrilla racemiflora), swamp dogwood
                                                     (Cornus foemina), and inkberry (Ilex galbra). Also present are ferns
                                                     such as royal fern (Osmunda regalis) and lizard's tail (Saururus
                                                     cernuus), false nettle (Boehmeria cylindrica, and sedges (Carex spp.
                                                     and Cyperus spp.)

                                                     The highest zone (also commonly known as a "transitional zone"
                                                     because of the gradual transition to upland, or non-wetland areas)
                                                     commonly contain such trees as hackberry (Celtis laevigata), various
                                                     bay trees (Persea, Gordonia, Magnolia), red maple (Acer rubrum),
                                                      ironwood (Carpinus caroliniana), and an occasional loblolly pine
                                                     (Pinus taeda). Ground cover and shrubs may include sweet pepper-
                                                     bush (Clethera alnifolia), dwarf palmetto (Sabal minor), arrow wood
                                                     (Viburnum dentatum), swamp azalea (Rhododendron canescens),
                                                     southern lady fern (Athyrium asplenoides) and wax myrtle (Myrica
                                                     cerifera).

                                                      If some of these species in the higher zone look familar, its because
                                                      many of them are commonly found on high ground in non-wetland
                                                     situations. It is this very reason why "drawing the line" between
                                                     wetlands and uplands can be so difficult at times and why it was
                                                     stressed at the beginning of this section that the plants present on a
                                                      site must be looked at as a COMMUNITY. These plants must be
                                                     viewed in association with the other plants around it and in view of the
                                                     soil and hydrological conditions in order for a wetland determination to
                                                      be reached.

                                                     2. Lakes or Ponds - Lakes are easily recognizable as wetlands
                                                      since they are comprised of bodies of usually permanent standing
                                                     water, often with a fringe of vegetation around the border (sometimes
                                                      marsh, sometimes swamp). Much of the vegetation is similar to that
                                                     discussed in the earlier sections on freshwater swamps.

                                                      Lakes or ponds may be natural bodies of standing water, or may be
                                                      created by impounding a stream or river with a dam or embankment or
                                                      by excavation. Lakes Marion, Murray, Greenwood and Wateree are
                                                      excellent examples of the impoundment type. The overwhelming
                                                      majority of lakes in South Carolina are man-made, ranging from small
                                                     farm ponds to the major reservoirs mentioned above. There are about
                                                      17 lakes in South Carolina which exceed 1,000 acres in surface area
                                                      and at the time of a 1974 survey by the South Carolina Water
                                                      Resources Commission, there were approximately 1,400 lakes greater
                                                     than 10 acres in surface area. Many more have obviously been
                                                      created since that time and there are many thousands in the less than
                                                      10 acre category.

                                                      3. Isolated Wetlands - Isolated wetlands cover the widest variety of
                                                      wetland types and may be found in South Carolina from the mountains
                                                     to the sea. An isolated wetland is simply a wetland area that is not part
                                                      of a surface tributary system. In other words, there are no streams
                                                     flowing into or out of them. They are simply landforms unto themselves,
                                                      surrounded by nonwetland areas, and may vary as widely in size as

*                                            6






                                          they do in type. Old "oxbow lakes" which were once part of the course
                                          of a river but have been cut off from the stream and are now
                                          surrounded by high ground are one type of isolated wetland. Carolina
                                          Bays, which are unique to our part of the world and reach their highest
                                          concentrations around the South Carolina - North Carolina border are
                                          a significant and interesting form of isolated wetlands (though some
                                          may be adjacent to and directly associated with river swamps and are
                                          not truly isolated.)

                                          Pocosins, which are intimately associated with Carolina Bays, are
                                          broad flat areas which have become peatbogs over the centuries and
                                          are another unique coastal plain wetland. The name "pocosin" is an
                                          Indian word meaning "swamp on the hill" and is quite descriptive of
                                          these areas. Many other types of potholes and sinkholes exist which
                                          collect surface runoff or are low enough to intersect the local ground
                                          water table and have thus become wetland areas. Along our barrier
                                          islands and sea islands, as well as the adjoining mainland area, are
                                          topographic features which are essentially the remains of ancient
                                          sand dunes left over from the transgressions of the ocean many
                                          thousands of years ago which have become weathered and vegetated.
                                          Between many of these old dunes are "swales" or "troughs" which
                                          collect water and are wet for long enough periods during the year for
                                          wetlands ecosystems to become established and to survive.

                                          As is apparent, isolated wetlands take on many shapes, fashions and
                                          forms. These too are subject to Corps of Engineers permit authority.

                                          Because of the diversity of these types of wetlands, we will not attempt
                                          to list the plants commonly associated with them. Many of those
                                          already mentioned, such as those associated with wooded swamps
                                          and freshwater swamps commonly occur in isolated wetland areas.
                                           However, the plants that are characteristic of Carolina Bays/pocosins
                                          are worthy of mention since they are indicative of acid/bog environ-
                                           ments. These include pitcher plants (Sarracenia spp.), sphagnum
                                          moss (Sphagnum spp.), fetterbush (Lyonia spp.), zenobia (Zenobia
                                           pulverulenta), pond pine (Pinus serotina) and various bay trees
                                          (Persea, Gordonia, Magnolia).

                                          4. Soils - Included in this book at Appendix B, page B-4, is a listing of
                                          soil types (or soil "series", as they are more properly known) which
                                           have been identified as "hydric soils". This list was prepared using
                                           information provided by the U.S. Department of Agriculture - Soil
                                          Conservation Service (SCS) and the various Soil Surveys prepared by
                                          that agency for the counties of South Carolina. This list has been
                                           provided for use in conjunction with the Soil Surveys (see your local
                                          SCS office for more information in obtaining the Survey for your area)
                                           as a planning tool and should NOT be solely to delineate jurisdictional
                                          wetlands on the basis of soil mapping. It is intended to aid in assessing
                                          the potential of an area for such a determination by providing insight
                                           into one of the physical parameters of the area (i.e., vegetation and
                                           hydrology must also be considered).

                                          The importance of soils information is highlighted by recognizing that a
                                           key provision of the Corps of Engineers' wetland definition is "...a
I~~~~~~~~~ 7







prevalence of vegetation typically adapted for life in SATURATED
SOIL CONDITIONS..." (emphasis added). What then is a "hydric soil"
and what are the characteristics that indicate the presence of wetland
conditions?

The official Soil Conservation Service definition of a hydric soil is:

  "A hydric soil is a soil that in its undrained condition is saturated,
  flooded, or ponded long enough during the growing season to
  develop anaerobic conditions that favor the growth and regenera-
  tion of hydrophytic vegetation."

As was mentioned earlier in this book, "anaerobic" refers to conditions
where oxygen is absent (as a direct result of extended flooding or
saturation) and "hydrophytic" literally means "water loving" and refers
to wetland plant species. Note that the definition of hydric soils refers
to the vegetation just as the wetland definition refers to soil conditions.
The two are inexorably linked.

Soils occuring in wetlands have distinctive characteristics associated
with development under these anaerobic conditions. Prolonged
inundation or saturation results in chemical and biochemical changes
which leads to the development of gray or even black colors and
"mottling" or blotches of color, different from the major or "background"
color of the soil, which usually indicates a fluctuating water table rising
and falling through the segment of soil being observed. The rate of
decomposition of overlying organic matter (leaves and twigs, for
example) also decreases in areas experiencing prolonged inundation
or saturation and this often leads to the development of thick organic
surface layers or to dark colors in the surface soil horizons. Some soils
always have such characteristics when occuring in their natural,
undrained state.

5. Hydrology - This is the tie that binds all wetlands together as
wetland areas, but is the most elusive to accurately quantify. However,
the presence of water is directly reflected in the hydric soils and the
plant communities which occupy wetlands and the hydrology can be
largely inferred as a result, even in those instances where no standing
water is present at a particular time. The frequency, timing and
duration of these hydrological conditions vary widely from one wetland
type to another. Some of the indicators of wetland hydrology include:

1. Recorded information (e.g., gaging station data, flood predictions,
and historic data).
2. Evidence of water movement through an area (e.g., drainage
patterns, absence of leaf litter, scouring around roots, and debris
deposited in or along the drainage pattern).
3. Drift lines (debris accumulated at the furtherest reach of the rising
water).
4. Sediment deposits on plants and other objects.
5. Encrusted detritus in the litter layer.
6. Watermarks.
7. Visual observation of inundation or soil saturation.

Hydrology may take the form of tidal fluctuations (in coastal situations),
freshets and floods along rivers and streams, and rainwater catchment






                                         or groundwater discharge in isolated areas. It is important to note that
                                         the significance of inundation or saturation to the plant community is
                                         during the growing season (generally regarded as from the last frost of
                                         the winter to the first frost the following fall) for any given locality.
                                         During the remainder of the year the plants are essentially dormant
*I~                                        ~~~~~~~ ~~~and the stresses caused by these wet conditions have little or no
                                         impact on their survival and reproduction.

                                         D. DELINEATIONS.
                                         1. How Wetland Delineations are Obtained/Accomplished - Wet-
                                         lands have become an important and pervasive issue in the last few
                                         years due to a wide variety of factors. In order to address these matters
                                         for a particular development, the first question which must be
                                         answered is 'Are there any wetlands on the site and, if so, where are
                                         they?'. In the past the Corps has made every effort to provide this data
                                         to the landowner or agent in a timely fashion. However, the pace of
                                         development in the State has now surpassed our resources to provide
                                         such services. Manpower and funding shortages have caused
                                         processing times to increase, therefore, we must change our way of
                                         doing business. This need has been recognized not only by us, but
                                         also by the Corps nationwide, as reflected in recent guidance from our
                                         headquarters.

                                         In consideration of these factors, Corps delineation services must now
                                         be provided through two options. First, the developer or agent may
                                         submit a request to be placed on a waiting list and we will work on
                                         these delineations as time and manpower allow. It is anticipated that
*D~                                       ~~~~~~~ ~~~responses to these requests will take much longer than the average of
                                         about 40 days we are now experiencing. The second option is that a
                                         qualified consultant may be hired by the landowner to perform the field
                                         evaluation for review and verification by this office. This is a procedure
                                         that many of you are already familiar with since we have been doing
                                         this for some time on larger projects. While this was once the norm for
                                         projects of several hundred acres, sites as small as 10 acres are now
                                         candidates for this category.

                                         The hiring of a consultant will, in most cases, be inappropriate for
                                         small, private sites, but areas slated for commercial, residential or
                                         industrial development (even if smaller than the 10 acre threshold)
                                         should meet this criteria. If time is not an important factor, the waiting
                                         list addressed above may be the appropriate measure.

                                         Included at Appendix A, page A-1 is a copy of a 'Request for Wetlands
                                         Determination' form for your use. Even if you intend to have the
                                         wetlands independently evaluated, this form should be forwarded to us
                                         so that we may assign a Corps field representative who will be
*I~                                       ~~~~~~~ ~~~responsible for coordination with your consultant and verification of
                                         the wetland boundaries established. Also available upon request is a
                                         list of consultants with whom we have worked in the past and who have
                                         indicated that they may be available for this type of work. Please read
                                         and take particular note of the information in the introductory remarks
                                         of this list. Wetlands delineated by consultants should be mapped and
                                         provided to this office for verification of accuracy. The Charleston
                                         District regrets any inconvenience this causes, but under current
                                         circumstances it is unavoidable. If you have any questions regarding

                                9






                                          these matters, please contact the Corps of Engineers, Regulatory
                                          Branch at (803) 724-4330.

                                          2. Tools Available to the Landowner That Will Assist in Wetland
                                          Delineations - If you as a land owner or developer wish to make a
                                          determination as to whether wetlands exist on a particular parcel of
                                          land there are some tools available that will assist you in making a
                                          preliminary determination. These tools are U. S. Geological Survey
                                          Quadrangle maps, soil survey maps, U.S. Fish & Wildlife Service
                                          National Wetland Inventory maps, and aerial photography.

                                           a. U. S. Geological Survey Quadrangle Maps (USGS) - USGS
                                           quadrangle maps are readily available sources of information.
                                           These maps can be obtained from a number of suppliers throughout
                                           the State. These maps contain a wealth of information that may
                                           assist developers in preliminary project planning including an
                                           assessment as to whether wetlands exist on the property in
                                           question. Wetlands are identified on these maps by the use of
  ~~~~~~~~~~I           ~~                      ~marsh symbols. These maps are not ideally suited to this use due to
                                           their scale (1:24,000) and the fact that they were not created for this
                                           purpose. They are, however, very useful, easy to obtain maps that
  *I~                                          ~~~~~~~ ~~~can be used for many purposes including very preliminary wetland
                                           evaluation for large sites.

                                           b. Soil Survey Maps - The U.S. Department of Agriculture, Soil
                                           Conservation Service has published soil survey booklets for
                                           virtually each county in the state. These booklets contain copies of
                                           aerial photographs with soils information annotated on the photo-
  p~~                                          ~~~~~~~ ~~ ~graph. As stated above, a list of "hydric soils" is included in
                                           Appendix B, page B-4. These Soil Survey Booklets and the
                                           information contained therein are anothertool available to develop-
                                           ers that will assist in determining if wetlands exist on a particular
                                           tract of land. These booklets are very good as an early planning tool
                                           but only identify one parameter in the wetland identification
                                           process. These booklets do not indicate if or what type of vegetation
                                           is present. The information gained from the soils booklet, in
                                           conjunction with an on-site inspection, will assist in determining if
                                           wetlands are present, and will aid in the planning of the project so
                                           that wetlands can be avoided or encroachments minimized.

                                           c. National Wetland Inventory Maps - The U.S. Fish & Wildlife
                                           Service has, for the past several years, been in the process of
                                           mapping wetlands on a nationwide basis. Through the joint efforts of
                                           the South Carolina Coastal Council, the Corps of Engineers and the
                                           U.S. Fish & Wildlife Service, a concerted effort has been placed on
                                           this type of mapping in the coastal zone of South Carolina. The
                                           majority of the work has been completed and these final wetland
                                           inventory maps should be available in each county of the coastal
                                           zone shortly. Draft maps are currently available and may be ordered
                                           by U. S. Geological Survey Quadrangle sheet designation by calling
                                           1-800-USA-MAPS.

                                           These "Wetland Inventory Maps" are basically U. S. Geogological
                                           Survey Quadrangle maps on which the U.S. Fish & Wildlife Service
                                           has delineated their categories of wetlands in accordance with their
*~~~~I 10






                                        published procedures. A sample of a portion of one of the maps (North
                                        Charleston, S.C.) is included in Appendix B, page B-1 5. These maps
                                        are valuable as an early planning tool for conceptually developing a
                                        plan that can either avoid wetlands, or at a minimum, the project
                                        encroachments into these valuable natural resource
*II~~~~~~~~~~ ~areas.




         III. THE  MAJOR                This section identifies the Federal and State agencies that may be
                  PERMITS              involved in the permitting of a project located in freshwater wetlands.
                         AND           Each agency has provided information relative to their authorities in
           AUTHORITIES                 regulating freshwater wetlands.

                                        A. U. S. ARMY CORPS OF ENGINEERS. The U. S. Army Corps of
                                        Engineers has been involved in regulating activities in the nation's
                                        waters since 1 899. The Corps' authority was then and continues to be
                                        Section 10 of the Rivers and Harbors Act of 1899. The only factor
                                        considered in the review of permit requests was originally navigation.
                                        In the late 1960's, as a result of changing public attitudes and new
                                        public laws, the Corps expanded its review of projects to include
                                        various environmental factors. The new and expanded review is
                                        commonly referred to as the "public interest review". The passage of
                                        the Federal Water Pollution Control Act Amendments of 1972
                                        (currently referred to as the Clean Water Act) was the beginning of the
                                        Corps' involvement in wetlands. This section of the law contained
                                        language that authorized the Secretary of the Army, acting through the
                                        Chief of Engineers, to subject deposits of dredged or fill material to a
                                        new permit requirement. Between 1972 and 1975, the Corps' implemen-
                                        tation of this new permit authority was limited to the traditional
                                        "navigable waters of the U.S." However, in 1975, as a result of Court
                                        action, the Corps published preliminary and interim final regulations to
                                        impose a permit requirement on discharges of dredged or fill material
                                        in wetlands that bordered the traditional "navigable waters of the U.S."
                                        and implemented a phased program to eventually include almost all
                                        waters of the U.S. In order to reduce the impacts on the general public,
                                        this expansion of the Corps regulatory program was implemented over
                                        a 2 year period.

                                        Two years later, in 1977, the Corps issued another regulation which
                                        took into account the 2000 comments received in response to the
                                        1975 regulations, the comments made at the 4 nationwide public
                                        hearings on the 404 program and the 243 information meetings
                                        conducted by the Corps. These new regulations were designed to
                                        simplify what was becoming an increasingly complex program. One
                                        extremely significant revision was the decision to consider all water-
                                        bodies and their adjacent wetlands above the headwaters to be in
                                        Corps jurisdiction. However, the impact of this decision was not
                                        apparent at that time because these 1977 regulations also included
                                        nationwide permits that authorized deposits of dredged or fill material
                                        in these type areas. These new nationwide permits also authorized
                                        discharges of dredged or fill material into natural lakes, including their
                                        adjacent wetlands, that were less than 10 acres in size and isolated
                                        wetlands that were not part of a surface tributary system.
                             11






          In September 1 980, the Corps published proposed changes to the
          permit regulations that consolidated the first four Nationwide Permits
          (NWP), initially proposed in 1977, into two NWP's and added some
          additional NWP's. One major proposed revision was the addition of
          lakes greater than 10 acres in size to the NWP addressed above.
          These proposed changes were incorporated into final regulations
          issued on July 22,1 982. As a result of these changes, 1 6 environmental
          organizations filed a suit against the Army and the U.S. Environmental
          Protection Agency.

          On May 1 2, 1 983, the Corps proposed more amendments in an
          attempt to resolve some of the concerns expressed over the changes
          in the July 1982 regulations. These proposed amendments included
          the reimposition of a permit requirement for lakes 1 0 acres or more in
          size. The proposed amendments of May 1983, also invited Coastal
          Zone and Water Quality Agencies to reevaluate their positions on all
          NWPs.

          In March of 1984, the Corps published another set of rules as part of a
          settlement agreement for the suit by the environmental organizations
          referred to above. Among other things, these regulations relocated
          and combined the NWPs which addressed discharges into areas
          above the headwaters and discharges into isolated, interstate waters.
          This new NWP (NUMBER 26) was formally adopted on October 5,
          1984, when the Corps of Engineers reissued five NWP'S by publishing
          a notice in the Federal Register. A further discussion of NWP #26 is
          found at Section V.,B. of this handbook.

          Since that time the scope of the areas regulated by the Corps has been
          constantly revised and expanded to include activities in isolated
          areas, as well as areas located above the headwaters. (The term
          "headwaters" is defined as the point on a non-tidal stream above
          which the average annual flow is less than five cubic feet per second.)
          There are no waters or wetlands within the State of South Carolina that
          do not fall under the authorities of Clean Water Act and therefore, the
          deposits of dredged or fill material into these areas require a
          Department of the Army authorization.

          The paragraphs that follow were extracted from Corps of Engineers
          Regulations and describe the Corps' statutory authorities and how
          these authorities relate to freshwater areas.

             Section 1 0 of the Rivers and Harbors Act approved March 3,
             1899, (33 U.S.C.403) (hereinafter referred to as Section 10),
             prohibits the unauthorized obstructions or alteration of any
             navigable water of the United States. ("Navigable Waters of the
             United States" is defined below). The construction of any
             structure in or over any navigable water of the United States, the
             excavating from or depositing of material in such waters, or the
             accomplishment of any other work affecting the course, location,
             condition, or capacity of such waters is unlawful unless the work
             has been recommended by the Chief of Engineers and authoriz-
             ed by the Secretary of the Army. The authority for authorizing
             work under this law has been delegated to District Engineers.
             The instrument of authorization is designated a permit.
 12







                                           Since this handbook deals specifically with freshwater areas, Section
                                           10 of the Rivers and Harbors Act of 1899 will usually not be applicable
                                           due to the fact that freshwater areas are generally not "navigable
                                           waters of the United States". Such areas are normally subject to
                                           Section 404 Of the Clean Water Act.

                                              Section 404 of the Clean Water Act (33 U.S.C. 1344) (hereinafter
                                              referred to as Section 404) authorizes the Secretary of the Army,
                                              acting through the Chief of Engineers, to issue permits, after
                                              notice and opportunity for public hearing for the discharge of
                                              dredged or fill material into the waters of the United States at
                                              specified disposal sites. (See 33 CFR Part 323.) The selection
                                              and use of disposal sites will be in accordance with guidelines
                                              developed by the Administrator of the Environmental Protection
                                              Agency (EPA) in conjunction with the Secretary of the Army and
                                              published in 40 CFR Part 230. If these guidelines prohibit the
                                              selection or use of a disposal site, the Chief of Engineers shall
                                              consider the economic impact on navigation and anchorage of
                                              such a prohibition in reaching his decision. Furthermore, the
                                              Administrator of the Environmental Protection Agency can deny,
                                              prohibit, restrict or withdraw the use of any defined area as a
                                              disposal site whenever he determines, after notice and oppor-
                                              tunity for public hearing and after consultation with the Secretary
                                              of the Army, that the discharge of such materials into such areas
                                              will have an unacceptable adverse effect on municipal water
                                              supplies, shellfish beds and fishery areas, wildlife, or recreational
                                              areas.

                                           Since the laws cited above make reference to "waters of the United
                                           States" and "navigable waters of the United States" these two terms
                                           are defined below.

                                           The term "waters of the United States" means all waters, including
                                           "navigable waters of the United States", all rivers and streams and
                                           their tributaries, all lakes that are larger than 10 acres, and all wetlands
                                           adjacent to these waterbodies as well as those wetlands that are
  *I~                                        ~~~~~~~ ~~ ~isolated from or have no connection to a surface tributary system.

                                           The term "navigable waters of the United States" means those waters
                                           of the United States that are subject to the ebb and flow of the tide
                                           shoreward to the mean high water mark and/or are presently used, or
                                           have been used in the past, or may be susceptible to use to transport
                                           interstate or foreign commerce.

                                           Generally, any deposit of dredged or fill material in wetlands will
                                           require a permit from the Corps of Engineers because of Section 404
                                           of the Clean Water Act.

                                           There are several types of permits (i.e., individual permits, general
                                           permits, or nationwide permits) that apply to freshwater areas. The
                                           type permit applied for will depend on a lot of different factors. General
                                           permits have been issued for numerous activities in the South
                                           Carolina. In order to qualify for authorization under one of these
                                           General permits, the project must be located in an area that the Corps
                                           has issued a General permit (i.e., Lake Murray, Lake Marion, Lake
*1~~ ,~13






                                           Moultrie, etc.), and the work must be within the scope specified by the
                                           conditions of that General Permit. The Corps of Engineers also has
                                           twenty-six nationwide permits that could apply to the proposed work.
                                           These permits have already been subjected to a public interest review
                                           and issued. Activities authorized by these permits must meet certain
                                           conditions. When applying to the Corps for a permit, a decision will be
                                           made whether or not the proposed work is authorized by an existing
                                           nationwide permit. A complete discussion of nationwide permit #26,
                                           the nationwide permit most frequently used by developers, can be
                                           found at Section V., Page 37. The last type of permit is an individual
                                           permit. This type of permit requires a full public interest review, which
                                           includes issuance of a public notice and a receipt of comments. The
                                           decision as to which type of permit applies will be made on an
                                           individual basis. When a permit is processed through the individual
                                           permit process, the decision whether to issue apermit will be based on
                                           an evaluation of the probable impact of the project, including
                                           cumulative impacts of the proposed activity, and will include the
                                           application of guidelines promulgated by the Administrator of the
                                           Environmental Protection Agency in conjunction with the Secretary of
                                           the Army under authority of Section 404(b)(1 ) of the Clean Water Act.

                                           These guidelines are entitled, "Guidelines for Specification of Disposal
                                           Sites for Dredged or Fill Material" (commonly referred to as the
                                           404(b)(1 ) Guidelines). To evaluate which portion of these guidelines
  I                                     ~    ~~~~~~~~~~~~~apply to the specific project, this office will first determine whether the
                                           project is "water dependent". The term "water dependent" means that
                                           your project must be located in, or in close proximity, to the aquatic
  p                                     ~    ~~~~~~~~~~~~~resource to fulfill its basic purpose. If your project is determined to be
                                            .non-water dependent", the applicable portion of the Guidelines
                                           states:

                                              Where the activity associated with a discharge which is proposed
                                              for a special aquatic site (as defined in Subpart E) does not
                                              require access or proximity to or siting within the special aquatic
                                              site in question to fulfill its basic purpose (i.e., is not "water
                                              dependent"), practicable alternatives that do not involve special
                                              aquatic sites are presumed to be available, unless clearly
   I                                       ~    ~~~~~~~~~~~demonstrated otherwise. In addition, where a discharge is
                                              proposed for a special aquatic site, all practicable alternatives to
                                              the proposed discharge WHICH DO NOT INVOLVE A
   I                                       ~~~~~~~~~DISCHARGE INTO ASPECIAL AQUATIC SITE ARE PRESUMED
                                              TO HAVE LESS ADVERSE IMPACTS ON THE AQUATIC
                                              ECOSYSTEM, unless clearly demonstrated otherwise (emphasis
                                              added).
                                            By way of definition, be advised that "special aquatic sites," as used
                                            above, include wetlands.
                                            If it is determined that your project is a "water dependent" activity, the
  *                                       ~~~~~~~~~~~~~following excerpts from the Guidelines will apply:

                                            (a) Except as provided under Section 404(b)(2), no discharge of
  r                                 ~~~~~~~~~~~~~dredged or fill material shall be permitted if there is a practicable
                                            alternative to the proposed discharge which would have less adverse
                                            impact on the aquatic ecosystem, so long as the alternative does not
*                               ~~~~~~~~~14






                                          have other significant adverse environmental consequences.

                                          (1 ) For the purpose of this requirement, practicable alternatives
                                          include, but are not limited to:

                                            (i) Activities which do not involve a discharge of dredged or fill
                                                material into the waters of the United States or ocean waters;

                                            (ii) Discharges of dredged orfill material at other locations in waters
                                                of the United States or ocean waters;

                                          (2) An alternative is practicable if it is available and capable of being
                                          done after taking into consideration cost, existing technology, and
                                          logistics in light of overall project purposes. If it is otherwise a
                                          practicable alternative, an area not presently owned by the applicant
I                                     ~     ~~~~~~~~~~~~which could reasonably be obtained, utilized, expanded of managed in
                                          order to fulfill the basic purpose of the proposed activity may be
*                                       ~~~~~~~~~~~~considered.

                                          This office must employ the presumptions mentioned in 404(b)(1)
                                          Guidelines as emphasized above. For "non-water dependent" activi-
I                                     ~     ~~~~~~~~~~~~~ties, you will be required to clearly demonstrate, in writing, that there
                                          are no "practicable alternatives" which would fulfill the basic purpose
                                          of the proposed work.

I                                       ~~~~~~~~~B. SOUTH CAROLINA WATER RESOURCES COMMISSION and
                                             the SOUTH CAROLINA BUDGET AND CONTROL BOARD.

P                                       ~~~~~~~~~~~1. Purpose
                                          To provide legal authority to perform approved construction and
                                          alteration activities in South Carolina navigable waters and to protect
                                          the public interest in those navigable waters of the State.
                                          2. Permit Overview
I                                     ~     ~~~~~~~~~~~a. Unless expressly exempted, a permit issued by the State Budget
                                          and Control Board is required for any dredging, filling, construction or
                                          alteration activity in, on, or over any navigable waterway of the State, or
I                                     ~     ~~~~~~~~~~~~for any activity significantly affecting the flow of any navigable
                                          waterway.
                                          For purposes of administering this program, the Water Resources
                                          Commission on behalf of the Budget and Control Board, s erves as the
                                          coordinating agency, responsible for obtaining and evaluating the
                                          views of all relevant agencies and persons, and taking such adminis-
                                          trative actions as are appropriate to advise agencies and the public.
                                          The Commission also shall recommend to the Board whether the
                                          permit should be granted or denied or made subject to any particular
I                                     ~     ~~~~~~~~~~~~~conditions.
                                          b. Specific activities requiring this permit include, but are not limited
                                          to, construction of docks, piers, boat ramps, bulkheads, moorings,
I                                     ~     ~~~~~~~~~~~~bridges, transmission lines, water intake structures and wastewater
                                          discharge structures, and the placement of fill and excavation of
                                          materials.

                                          3. Identifying Freshwater Wetlands (Navigable Waters of South
                                          Carolina)







a. Navigable waters means those waters which are now navigable, or
have been navigable at any time, or are capable of being rendered
navigable by the removal of accidental obstructions, by rafts of lumber
or timber or by small pleasure or sport fishing boats. Navigability is
determined by the Water Resources Commission in accordance with
the definition of navigable waters contained in Section 49-1 -10 and
Regulation 1 9-450, Code of Laws of South Carolina, 1 976, as
amended.
b. Delineation of South Carolina navigable waters is made by the staff
of the Water Resources Commission by visual determinations in the
field based on the State navigability criteria. Major jurisdictional waters
have been determined and are listed on a map entitled "Navigable
Waters of South Carolina" which is available to the public and may be
obtained from the Commission upon request. Some waters have not
been thoroughly inspected and are of uncertain status.These waters
are investigated individually by the Commission as the need arises.
The Commission staff is available upon request to investigate streams
in this category.

4. The Major Permits and Authority - Budget and Control Board
Permit for Construction in South Carolina Navigable Waters.
Statutory authority for this program is found in Sections 1 -11 -70,
1-11-75, and 49-1-10, Code of Laws of South Carolina, 1976, as
amended. Regulations promulgated by the Budget and Control Board
to implement this program are codified at Regulation 1 9-450.

5. Agencies That Review and Comment on Budget and Control
Board Permit Applications.
 a. Regulations governing the processing of Budget and Control
Board permit applications provide for a collective review/evaluation
by several State agencies which provides the Water Resources
Commission with a total assessment of the impact of any proposed
work affecting navigable waters. State agencies that are a part of the
application review process include:
  (1) State Attorney General's Office
  (2) Budget and Control Board, Division of General Services
  (3) Institute of Archaeology and Anthropology
  (4) Department of Archives and History, State Historic Preservation
     Office
  (5) Wildlife and Marine Resources Department
  (6) Department of Health and Environmental Control
  (7) State Ports Authority
  (8) Department of Parks, Recreation and Tourism
  (9) State Forestry Commission
  (10) Department of Highways and Public Transportation
  (11 ) Coastal Council
  (12) Land Resources Conservation Commission
   (13) Public Service Authority

In addition, the Commission also considers comments from various
Federal agencies, organizations and the public at large.

b. Within the forty-five (45) days of notification of a permit application,
or any extension thereof, an agency objecting to or intending to object






                                            to a projected activity must notify the Water Resources Commission
                                            and the applicant of the specific objection, the reasons for the
                                            objection and the supporting grounds for the objection. Any agency
                                            decision to approve a project subject to conditions is treated as an
                                            objection, unless the applicant agrees to conditions. When the permit
  I                                     ~     ~~~~~~~~~~~application raises complex issues or more than one agency objects,
                                            the Commission coordinates the conciliation process. If only one
                                            agency objects, the Commission informs the applicant that he is
  *                                       ~~~~~~~~~~~~responsible for meeting with the agency and considering how the
                                            objection might be reconciled. The applicant and the objecting agency
                                            are primarily responsible for the conciliation process, but the
  *                                       ~~~~~~~~~~~~Commission may support and assist their efforts to conciliate and
                                            resolve their differences.

                                             In the reconciliation process, the agency and the applicant must
  I                                     ~     ~~~~~~~~~~~~consider how the objections might be reconciled by:

                                               (I1) avoiding the adverse impact by not taking a certain action or
   I                                          ~    ~~~~~~~~~~~~~~~parts thereof;
                                               (2) minimizing the adverse impact by limiting the degree or
                                                   magnitude of the action or its implementation;
  I                                       ~    ~~~~~~~~~~~~~~(3) rectifying the objection by repairing, rehabilitating or restoring
                                                   the affected area; and
                                               (4) reducing or eliminating the impact over time by preservation
    I                                          ~    ~~~~~~~~~~~~~and maintenance operations during the life of the permitted
                                                   activity. The applicant must provide any additional information
                                                   reasonably necessary to resolve the objections.

  P                                       ~~~~~~~~~~~~The Water Resources Commission will not take action on a permit
                                             application upon which an objection has been made until it has
                                             received notice that the objection has been resolved, or that in the
  I                                     ~     ~~~~~~~~~~~~~opinion of either the applicant or agency that all efforts to resolve the
                                             objection have failed and that further negotiations will be of no benefit.
                                            Within fifteen days after notice that reconciliation efforts have failed,
  I                                     ~    ~~~~~~~~~~~~the applicant and each agency with an unreconcilable objection must
                                             submit to the Commission a short and plain statement of the matter in
                                             dispute, the position of the agency, the position of the applicant,
  I                                     ~    ~~~~~~~~~~~~supported by such facts and information as are relevant. The parties
                                             should identify and clarify those issues that prevented reconciliation. It
                                             possible, the parties should prepare a joint statement so as to expedite
                                             the permitting process. The Commission will review all comments/
                                             objections and supporting information and make its recommendation
  *                                       ~~~~~~~~~~~~~to the Budget and Control Board.

                                             6. The Permitting Process
                                             a. An applicant who seeks a permit from the Budget and Control
  *                                       ~~~~~~~~~~~~~Board is responsible for establishing that the proposed activity is
                                             consistent with permitting regulations, and for providing to the
                                             commenting agencies, the Commission and the Board the information
                                             that may be required to make that determination with reasonable
                                             certainty. Failure to respond or provide requested information may
                                             result in the denial of the permit.
                                             Except for joint applications filed with Federal agencies applications
                                             for a State Budget and Control Board permit shall be made to the Water
                                             Resources Commission. Included in Appendix A, page A-2, is the state
*~~~~~~~~~~~~~~~ 17





                                          application form. Information required for permit application includes
                                          the following:
                                             (I1)the name and address of the applicant;
                                             (2) the location of the proposed activity, including the navigable
                                                 waterway where the construction or activity is contemplated
                                                 and an appropriate map of the area;
                                             (3) a brief description of the proposed activity, its purpose and
                                                 intended use, including a drawing of the type of structures and
 I                                          ~    ~~~~~~~~~~~~~~method of construction including size specifications;
                                             (4) a plan and elevation drawing showing the general and specific
                                                 site locations and character of all proposed activities including
 I                                          ~    ~~~~~~~~~~~~~~~the size relationship of the proposed structure to the size of the
                                                 impacted waterway and depth of water in the area and the
                                                 distance of encroachment of the activity into the water. (A hand
 I                                         ~     ~~~~~~~~~~~~~~drawn sketch showing the size and shape of the structure and a
                                                 location map will be considered sufficient detail for docks, piers,
                                                 boardwalks or bulkheads without fill and extending no more that
 I                                         ~     ~~~~~~~~~~~~~~fifty (50) feet from the shoreline). Sample drawings are included
                                                 and can be found at Appendix A, page A-6.
                                             (5) evidence of ownership or the consent of the owners of the
 I                                          ~    ~~~~~~~~~~~~~~~adjacent highland on which any part of the projected activity will
                                                 be located. An affidavit of ownership form is included at
                                                 Appendix A, page A-7.
                                             (6) certification that the applicant has or will publish a notice
                                                 describing the application in a newspaper of general circulation
                                                 in the county where the encroachment is sought at least once in
                                                 each of two consecutive weeks. A newspaper public notice
                                                 form is included at Appendix A, page A-8.
                                             (7) when considered appropriate by the Commission or the Board,
                                                 or their respective staffs, additional information may be required;
                                             (8) an application fee of five hundred dollars for commercial
                                                 activities and fifty dollars for non-commercial activities is
 *                                           ~~~~~~~~~~~~~~~~required.
                                          The Commission must promptly issue apublic notice to relevant State
                                          agencies and make such other notice as it deems appropriate no later
I                                     ~    ~~~~~~~~~~~~than fifteen (15) days after receipt of all information necessary to
                                           process the application.
                                          7. Wetland Master Planning (Major Projects in South Carolina
I                                       ~     ~~~~~~~~~~~~Navigable Waters)
                                          Applicants contemplating major projects are encouraged to contact
                                          the Water Resources Commission prior to submitting a formal
                                          application for a permit. The Commission will advise the applicant of
                                          the procedures, requirements, and areas of regulatory concern, and in
I                                     ~    ~~~~~~~~~~~appropriate cases may convene an interagency meeting to assist and
                                           guide the applicant in the preparation of the permit application.
                                          8. General Guidance
I                                    ~     ~~~~~~~~~~a. As the presumed owner of the beds of most South Carolina
                                           navigable waters, itis generally the policy of the State not to allow any
                                         filling of lands below the mean high water elevation in tidal waters or
                                          the ordinary high water elevation in nontidal waters as this represents
                                          a confiscation of State-claimed lands.






                                          b. In the interest of protecting navigational safety, bridges spanning
                                          South Carolina navigable waters must provide adequate clearances
                                          for boating. These clearances are set by the South Carolina Water
                                          Resources Commission. A minimum of 6' vertical clearance and 10O'
                                          horizontal clearance are required. However, greater clearences may
                                          be required under some circumstances.
                                          c. In the interest of protecting navigational safety, structures in navi-
I                                     ~     ~~~~~~~~~~~~gable waters must be constructed within certain limits (generally no
                                          more than one third the distance across the waterway).
                                          d. In the interest of protecting the rights of adjacent riparian land-
                                          owners, it is generally the policy of the South Carolina Water
                                          Resources Commission not to allow encroachment in front of adjacent
                                          lands by a permitted activity unless the permit applicant has obtained
                                          written permission from the affected party.
                                          e. To further consider major project impacts it ishighly recommended
I                                     ~     ~~~~~~~~~~~that a preapplication, interagency conference be held for such
                                          proposed activities. Prospective applicants can be advised and
                                          guided by such meeting to assist in preproject planning that will meet
I                                     ~     ~~~~~~~~~~~~the needs of the applicant and also protect the resource involved. This
                                          planning approach may be carried and continued through the permit
                                          review process. Project plans may be modified over the course of time
I                                     ~     ~~~~~~~~~~~~to avoid or minimize adverse resource impacts. In certain specific
                                          circumstances a proposal by an applicant to replace or compensate
                                          for unavoidable detriments to South Carolina navigable waters may be
b                                       ~~~~~~~~~~~considered by the South Carolina Water Resources Commission
                                          according to procedures established in the permit regulations.
*                                       ~~~~~~~~~~~9. Agency Contacts

                                          Anyone planning to perform construction or alteration work in navi-
                                          gable waters of South Carolina or waterbodies of uncertain navigability
I                                     ~     ~~~~~~~~~~~status should contact the South Carolina Water Resources Commis-
                                          sion prior to the initiation of any work. The South Carolina Water
                                          Resources Commission staff is available to answer questions on the
I                                     ~     ~~~~~~~~~~~permitting program, make jurisdictional determinationand provide
                                          applications for required permits. Individuals requesting additional
                                          information should contact the Permit Administrator, South Carolina
                                          Water Resources Commission, 1 201 Main Street, suite 1100,
                                          Columbia, South Carolina 29201, phone A/C 803-737-0800.
                                          C. SOUTH CAROLINA COASTAL COUNCIL.
                                          1. Coastal Zone Management Program Consistency Certification
                                          South Carolina's Coastal Zone Management Act of 1 977 (Act 1 23)
I                                     ~     ~~~~~~~~~~~~defines the state's coastal zone as "all coastal waters and submerged
                                          lands seaward to the State's jurisdictional limits and all lands and
                                          waters in the counties of the State which contain any one or more of
I                                     ~     ~~~~~~~~~~~~the critical areas." The critical areas, all of which are salt water
                                          wetlands, fall under the S.C. Coastal Council's direct permitting
                                          authority. Freshwater wetlands, however, are given protection through
                                        the Council's regulatory authority known as certification. Through its
                                          certification process the Coastal Council reviews all activities requiring
                                          permits by other state agencies, as well as federal agencies, to







          determine if the project is consistent with the Coastal Zone Manage-
          ment Program. In order to receive certification approval, an activity
          must be determined to be consistent with relevant policies contained
          in the S.C. Coastal Management Program, including the S. C. Coastal
          Council Storm Water Management Guidelines. These policies and
          guidelines are aimed at protecting freshwater wetland areas as well as
          the quality of our surface waters. Without Coastal Council certification,
          a permit for the particular activity in question cannot be issued by the
          permitting agency.

          In summary the S. C. Coastal Council exerts an indirect regulatory
          authority over freshwater wetlands. A Coastal Council permit is not
          required for activities in freshwater wetlands; however, Coastal
          Council certification is mandatory whenever the permit of another
          state agency or a federal agency is required for a particular activity.
          The activity must be consistent with the Coastal Zone Management
          Plan.

          2. Procedure
          The certification process works as follows. When an individual wants
          to pursue an activity (e.g., construction of a dock, boat ramp, bulkhead;
          dredging in a wetland; mining in a wetland; placing fill in a wetland for
          commercial or housing development; impounding a wetland; construc-
          tion of water supply lines or wastewater lines , etc.) which falls under
          the permitting authority of a state or federal agency, he must apply to
          the particular agency or agencies for a permit.The state or federal
          agency notifies the S. C. Coastal Council through a standard public
          notice or other type of notification (depending on the activity involved),
          and a review of the proposed activity is begun by Council staff.

          After its review, which can involve review of site plans and/or site
          visits, the Council makes a decision on the project and notifies the
          permitting agency or agencies as well as the applicant of its
          determination. This determination will always be one of the following:

          a. the project is consistent with the Coastal Zone Management
           Program,

          b. the project is inconsistent with the Coastal Zone Management
           Program,

          c. the project is inconsistent but can be made consistent by making
          certain identified modifications to the original plans.

           In the instance of a large project/development where a problem (i.e.,
          conflict with the S. C. Coastal Management Program policies) with
          certification is obvious at the beginning of its review, the staff will try to
          contact the applicant and make him aware of the problem(s) in order
          that modifications in plans may be discussed. Developers of large
           projects (e.g., commercial and/or housing developments) are
           encouraged to seek Coastal Council input early-on before application
           is made.

          3. Basic Freshwater Wetland Policy
           Policies for projects impacting freshwater wetlands in the coastal zone
           are found in the South Carolina Coastal Zone Management Program.
20






                                             Specific wetland policies exist for residential, commercial, industrial,
                                             and other developmental projects-, however, the underlying policy can
                                             be summarized as follows:

                                             Project proposals which would require fill or other significant perma-
                                             nent alteration of a productive freshwater wetland will not be approved
                                             unless: no feasible alternative exists or an overriding public interest
                                             can be demonstrated, and any substantial environmental impacts can
                                             be minimized,
                                             This policy applies to all projects requiring a direct South Carolina
                                             Coastal Council permit and all projects within the eight-county coastal
                                             zone requiring Coastal Council certification of any other state or
                                             federal permit.

  I                                       ~~~~~~~~~~~~The most basic advice to developers of land containing freshwater
                                             wetlands is to avoid them. Encroachment (filling, dredging, ditching,
                                             impounding) into wetlands will only be allowed in limited circumstances
  I                                      ~    ~~~~~~~~~~~as defined under the Coastal Zone Management Program, Exceptions
                                             are discussed in the following sections on storm water management
  *                                       ~~~~~~~~~~~~~and wetland master planning.

                                             4. Developing Storm Water Management Systems in Freshwater
                                               Wetlands
                                             Many projects within the coastal zone will be located within or adjacent
                                             to freshwater wetlands. These wetlands are natural filters and can
                                             often be utilized as receiving areas for storm water runoff. Therefore,
                                             these wetland systems, when combined with other storm water best
                                             management practices, can frequently be incorporated into the
                                             overall drainage plan. The Council does not support the wholesale
                                             conversion of natural wetlands into lagoon or lake systems, but will
                                             approve the use of these areas in their natural state or with necessary
                                             alterations as part of the storm water management system.
  I                                       ~~~~~~~~~~~When using freshwater wetlands in the storm water management
                                             system, a well-planned effort is required to avoid any potential damage
                                             to the natural resource. The system should include a variety of
  I                                     ~     ~~~~~~~~~~~individual best management practices that work together to achieve
                                             the desired results, For example, a pre-treatment lake located in high
                                             ground adjacent to a wetland can reduce sediment loads, remove oils
  I                                     ~     ~~~~~~~~~~~and greases and attenuate storm water volumes. Also grassed swales
                                             could be used to collect and convey storm water to a distribution
                                             system (spreader swale, overflow berm, riprap discharge structure,
  I                                      ~    ~~~~~~~~~~~~etc.) to ensure sheetflow of storm water through the wetland. This
                                             provides for greater contact of the storm water with the vegetation of
                                             the wetland and ensures a longer residence time within the wetland.
  *                                       ~~~~~~~~~~~~~~All projects using wetlands in their storm water design must incorporate
                                             an extensive sediment and erosion control plan during construction.
                                             The entire wetland area needs to be protected against any potential
                                             sediment intrusion. In addition, all projects of this type should include a
                                             mechanism to minimize the amounts of oils and greases entering the
                                             wetlands.
  r                                  ~~~~~~~~~~~~~The following guidelines will be used in evaluating such systems:
                                             a. When freshwater wetlands are involved in a project site, the
*                               ~~~~~~~~~~21







          following order of design priorities will be used for storm water
          systems:

            (1) Avoid the wetlands, use highground alternatives (i.e., ponds,
                 swales, etc).
            (2) Use wetlands in their natural state.
                (a) For low density residential, sheetflow storm water over
                    grassed area into wetlands using other best management
                    practices as appropriate.
                (b) For all other development, the general storm water manage-
                    ment guidelines must be met prior to release into wetlands.
                (c) Manage water levels to maintain the hydrology of the natural
                    wetland.
            (3) Excavate storage requirements out of immediately adjacent
                 highground and overflow into the wetland area for additional
                treatment.
            (4) In special cases where the above alternatives are impractical,
                the Council staff will coordinate with the applicant to identify
                 alternatives.

          b. Where natural wetland values are lost due to digging adjacent to or
          in freshwater wetlands, a combination of the following design criteria
          will apply to help replace some of the lost values:

            (1) Construct submerged 10:1 shelves, 10 - 15 feet wide, around a
                 portion or portions of the storm water pond for emergent
                 vegetation (slope and width can vary to meet the particular
                 situation). Consult with Council staff biologist for depth of shelf.
            (2) Leave islands or peninsulas of natural wetland vegetation.
             (3) Leave 25 - 50 feet wide upland buffer of natural vegetation
                 around a portion or portions of the storm water pond for a
                transitional zone.
            (4) Design the water level management system to maintain wetland
                 values.
            (5) Consider the need for revegetation of created or disturbed
                 wetlands.

          5. Wetland Master Planning Guidelines
          The Coastal Council, in conjunction with other state and federal
          agencies involved in wetland review, encourages a comprehensive
          approach to wetland management. To promote such an approach, the
          Council has utilized a "wetland master planning" concept. Simply
          stated, the guidelines are as follows:

             If a pre-development wetland master plan is prepared for a project,
             identifying all wetlands, drainage patterns and conceptual develop-
             ment, isolated freshwater wetlands of one (1) acre or less in size
             may be incorporated into the project development as necessary
             provided:

             1. the wetlands contain no endangered species or critical habitat,
             and
             2. the wetland losses are adequately mitigated.

          The wetland master plan must be certified by the Coastal
22






                                             Council with input from other reviewing agencies as necessary.

                                             6. Agency Contact
                                             For information regarding Coastal Council certification of projects
                                             containing freshwater wetlands contact:
     I                                                 ~     ~~~~~~~~~~~~~~~~Planning and Certification Division
                                                           South Carolina Coastal Council
                                                           4280 Executive Place North, Suite 300
     I                                                 ~     ~~~~~~~~~~~~~~~Charleston, S. C. 29405
                                                           Telephone: A/C 803-744-5838

                                             D. SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRON-
                                                MENTAL CONTROL.

                                             1. Procedures
                                                a. Application Process
                                                The 401 Water Quality Certification procedure formally begins after
                                                the Corps of Engineers reviews each Corps application, determines
  I                                         ~    ~~~~~~~~~~~~that Water Quality Certification, pursuant to Section 401 of the
                                                Clean Water Act, is required from the Department of Health and
                                                Environmental Control (DHEC), and issues a joint public notice
  I                                         ~    ~~~~~~~~~~~~advertising the application. The  public notice states that it
                                                constitutes a request on behalf of the applicant for 401 Certification
                                                from DHEC. Formal review of the application begins upon receipt by
   I                                         ~    ~~~~~~~~~~~~DHEC of the Corps public notice.
                                                b. Review and Public Notice Process
   b                                           ~~~~~~~~~~~~Written comments  submitted during the designated  comment
                                                period in each joint public notice are reviewed and considered by
                                                DHEC staff. The DHEC staff may request additional information
                                                from the applicant any time during the review process but preferably
                                                immediately upon receipt and review of the public notice. After the
                                                public comment period and review of all available information,
                                                DHEC staff prepares a staff assessment considering all application
                                                materials, supporting documentation, and other comments. DHEC
                                                staff will generally complete their assessment within 1 5 days after
                                                the public notice comment period ends. The Department then
   I                                         ~    ~~~~~~~~~~~~issues a public notice of its own which identifies the proposed
                                                project, summaries the information in the application package,
                                                gives the location where the assessment and related files may be
   I                                         ~    ~~~~~~~~~~~reviewed, announces the Department is prepared ,to make a
                                                certification decision, and issues notice of time and place for a
                                                Section 401 public hearing. The hearing is held on every application
                                                for certification.
                                                c. Section 401 Public Hearing
                                                The public hearing are generally consolidated hearings where
   H                                           ~~~~~~~~~~~~~several applications are considered. The hearings are usually
                                                conducted by a Department staff member who is a designee of the
                                                Board. The public hearings are conducted after proper notice and
                                                at the time and place directed by the hearing officer. The pro-
                                                ceedings are recorded and transcribed. The record of the hearing
                                              remains open for 1 5 calendar days to receive rebuttal or supple-
                                                mental information from the participants. The final record includesa
                                                verbatim hearing transcript with all exhibits.
*                                ~~~~~~~~~23







             d. Proposed Record of Decision and Final Agency Decision
             The hearing officer prepares a proposed Record of Decision within
             30 days of the hearing based on the applicants package, the staff
             assessment, the record of the hearing, his analysis of the comments
             offered at the hearing, and a recommends that the certification be
             issued or denied. The hearing officer transmits the Record of
             Decision to the Board. If the Department receives no appeal of the
             Record of Decision from participants at the public hearing within 1 5
             days of its issuance, the staff recommendation becomes the final
             agency decision. If an appeal is taken, the Board shall render the
             final agency decision based on the Record of Decision and
             arguments from participants in the public hearing; however, no new
             material may be presented. The Board may affirm or reverse the
             proposed decision, or may remand for further evidentiary hearing.
             The Department shall complete all assessments and hearings so
             that no more than 364 calendar days elapse from receipt of the joint
             public notice and the final agency decision.

             DHEC has one year from the date of receipt of the Corps joint public
             notice to take final action to certify, certify with conditions, or deny
             401 certification unless the process is suspended for lack of
             information or the applicant request suspension. DHEC's certifica-
             tion rights may be considered waived if the application has not been
             acted upon within one year and the Corps so notifies DHEC in
             writing. For most projects, DHEC issues final certification within 120
             days of receipt of the application. In uncommon situations, the
             certification application is initiated through separate DHEC public
             notice procedures in lieu of the joint public notice prodedures with
             the Corps.

          2. Regulations
          State regulations 61-68 and 61-69, Water Classifications and
          Standards and Classified Waters, serve as a basis for decision making
          for 401  Water  Quality  Certification. These  regulations:
          1) establish appropriate classified water uses to be achieved and
          protected, 2) establish general rules and specific water quality
          standards to protect classified and existing water uses, and 3)
          establish policies to maintain and enhance water quality.These
          regulations should be consulted for specifics on: 1 ) classified uses, 2)
          numerical water quality standards and 3) antidegradation rules. These
          regulations are DHEC's primary guidelines for making determinations
          on 401 Certifications.

          3. Issues
          Each application is evaluated on a case-by-case basis due to the
          many variables involved. DHEC determines whether there is reason-
          able assurance that water quality regulations and standards will not be
          violated and that existing water uses will be maintained.

          Listed below are some of the major issues DHEC staff confronts:

             a. Marinas located in saltwater: New commercial marinas or
             expansion of existing marinas in open shellfish harvesting areas are
             not acceptable due to the closed safety zone for shellfish harvesting
             required around marinas. Generally, marinas in class SA waters are
24






                                             undesirable if shellfish resources exist in such waters. Also, it is
                                             crucial that marinas are located in areas which provide adequate
                                             flushing. It is the burden of the applicant to provide sufficient
                                             evidence to assure DHEC that all marinas will be adequately
                                             flushed and that numerical water quality standards will not be
                                             violated.

                                             b. Dead-end canals: Due to the poor circulation and mixing in
                                             dead-end canals, water quality standards are often violated in such
                                             systems; therefore, lengthy dead-end canals are discouraged and
                                             applications for them are often denied. DHEC generally looks
                                             unfavorably on applications for canals over a 50-foot length unless
                                             technical evidence is provided to assure adequate flushing and
                                             quality.

                                             c. Fill material in wetlands: Wetlands function to improve water
                                             quality by trapping sediments, nutrients, and pollutants suspended
                                             in the water flowing over them. Wetlands also provide habitat for
                                             aquatic fauna and flora and other wildlife. Placement of fill material
                                             in wetlands can impact these functions and destroy habitat.
                                             Although the Department has no specific regulatory policies on
                                             wetland fill as it affects habitat alteration, the Department does
                                             consider the specific impacts of the project on water quality,
                                             including water flow restrictions, and designated and existing uses
                                             as well as the cumulative impacts of fill projects on water quality and
                                             designated and existing uses. During the review process the
                                             Department will evaluate the amount of fill in wetlands, and the
                                             public need or benefit of the proposed project.

                                             d. Impoundments in tidal areas: Due to documented poor water
                                             quality conditions in impoundments, new impoundments and
                                             reimpoundment of previously diked areas now functioning as
                                             natural systems are not certified if water quality standards will not
                                             be maintained. DHEC generally approves maintenance and repair
                                             of existing impoundments.

                                             e. Filling freshwater wetlands to create ponds or lakes: Such
                                             activities are sometimes certified if designed as flow through
                                             systems and downstream uses and water quality will not be
                                             degraded. Also, there must be an indication that upstream dis-
                                             charges of nutrients will not cause eutrophication or nuisance
                                             conditions in the pond or lake. Wetland impacts will also be
   *I~                                          ~~~~~~~~ ~~ ~considered in the Department's review.

                                             f. Dredging and excavation projects: Several factors are con-
                                             sidered when reviewing hydraulic dredging projects and excavation
                                             using mechanical equipment. These include the quality of sedi-
                                             ments to be removed, the proposed spoil disposal area location and
                                             design, return water flow quality and discharge location, and the
                                             resulting physical characteristics of the area dredged or excavated.
                                             Maintenance of existing canals, basins, and waterways are
                                             approved provided they meet original design specifications and
                                             Department conditions. New projects are closely reviewed to
                                             determine water quality impacts from dredging and water quality in
                                             the waterbody or channel created by the work. It is the responsibility
*I~~~ ~25






                                               of the applicant to demonstrate that water quality stand ards willI not
                                               be violated by the work.

                                             E. SOUTH CAROLINA LAND RESOURCES CONSERVATION
                                                COMMISSION

                                             1. Mining and Reclaimation Permits
                                            The South Carolina Mining Act was passed by the General Assembly
  3                                       ~~~~~~~~~~~~~~in 1 973 with an effective date of July 1, 1 974, and designated the South
                                             Carolina Land Resources Conservation Commission as the permitting
                                            agency for mining operations, The Division of Mining and Reclamation
  *                                       ~~~~~~~~~~~~~is responsible for administering and implementing the Mining Act.

                                            The Act provides "that the usefulness, productivity, and scenic values
                                            of all lands and waters involved in mining within the state will receive
  I                                     ~    ~~~~~~~~~~~~the greatest practical degree of protection and restoration," and "no
                                             mining shall be carried on in the state unless plans for such mining
                                             include reasonable provisions for protection of the surrounding
  I                                     ~    ~~~~~~~~~~~environment and for reclamation of the area of land affected by
                                             mining."

                                             Mining, as defined by the Act, is "The breaking of the soil surface in
                                             order to extract or remove ores or mineral solids for sale, processing or
                                            consumption in the regular operation of a business."This would not
  I                                     ~    ~~~~~~~~~~~~include excavation or grading when conducted solely in aid of on-site
                                            farming or of on-site construction. This would include commercial
                                            dredging operations in rivers and streams of the state, but would not
                                             include operations for the harvesting of oysters or shells from coastal
                                             bottoms. This, however, may include lagoons, lakes, and ponds for
                                            residential development or aquaculture when the material excavated
  3                                       ~~~~~~~~~~~~~~is being sold.
                                            The Act requires that a permit be obtained for each mine site to insure
                                            that pollution control practices and reclamation activities are planned
  I                                     ~    ~~~~~~~~~~~~prior to mining and executed on a pre-determined schedule. In order to
                                            obtain a mining permit, a mine operator must complete an application
                                            for a mining permit, a reclamation plan, a land entry agreement and
  I                                     ~    ~~~~~~~~~~provide a detailed map of the proposed mining plan. The forms
                                             necessary for completing an application are supplied by the
                                             Commission as outlined in the Mining Act, Rules and Regulations.
  I                                     ~    ~~~~~~~~~~~~Following receipt of the application, a notice of intent to mine is
                                            advertised once a week for two weeks in a local and/or areawide
                                             newspaper with a circulation in the area of the proposed mine. A
  I                                     ~    ~~~~~~~~~~~~two-week public comment period follows the last date of advertisement
                                             in which the public can petition the Department to hold a public
                                             hearing. If the petition is signed by ten or more individuals or an
  I                                     ~    ~~~~~~~~~~~organization representing ten or more individuals, then a public
                                             hearing is held. In addition, copies of all mining applications are sent to
                                            the S. C. Department of Health & Environmental Control (DHEC) to
  *                                       ~~~~~~~~~~~~~determine requirements for National Pollutant Discharge Elimination
                                            System (NPDES) permits. If the proposed mine affects any navigable
                                            waters or is located in one of the coastal counties, copies are sent to
                                           the S. C. Water Resources Commission or the S. C. Coastal Council,
                                             respectively. Any mine site in the eight coastal counties requires
                                            Coastal Council certification. The U. S. Army Corps of Engineers is
*                               ~~~~~~~~~26






                                             also consulted when regulated activities are involved in wetlands. If
                                             any significant fish and wildlife resources may be affected, then a copy
                                             is sent to the S. C. Wildlife & Marine Resources Department. The
                                             Division has a technical staff composed of a director, geologist, civil
                                             engineer, environmental biologist, agronomist, and a hydrologist. In
  I                                      ~    ~~~~~~~~~~~~addition to implementing the Mining Act, staff members are available
                                             to provide technical assistance to all mining operators concerning the
                                             installation of best management practices during mining and in land
                                             reclamation. Once advertising is complete, an environmental appraisal
                                             of the site is conducted by Commission staff to determine pre-mining
                                             conditions and to identify potential environmental impacts. Any
                                             potential problems identified during the appraisal are discussed with
                                             the mine operator and appropriate state agency officials, and the
                                             application is modified to reflect any mitigation measures. After the
                                             application package has been reviewed, advertising completed and
                                             the environmental appraisal performed, the application is either
                                             approved, disapproved with stated modifications or disapproved. The
                                             Act states that the Department shall deny a permit to mine upon
                                             finding:
                                                a. "That any requirement of the Act or any rule or regulation
   I                                        ~    ~~~~~~~~~~~promulgated under the Act will be violated by the proposed
                                                operation;"

                                                b. "That the operation will have unduly adverse effects on wildlife or
                                                freshwater, estuarine or marine fisheries;"

                                                c. "That the operation will violate standards of air quality, surface
   p                                       ~     ~~~~~~~~~~~~~water quality, or groundwater quality which have been promulgated
                                                by DHEC;"

   I                                         ~~~~~~~~~~~~~~d. "That the operation will constitute a substantial physical hazard
                                                to a neighboring dwelling house, school, church, hospital, commer-
                                                cial or industrial building, public road or other property;"

                                                e. "That the operation will have a significant adverse effect on the
                                                purposes of a publicly owned park, forest or recreation area;"

   I                                         ~~~~~~~~~~~~~f. "That previous experience with similar operations indicates a
                                                substantial possibility that the operation will result in substantial
                                                deposits of sediment in stream beds or lakes, landslides, or acid
                                                water pollution:" or
                                                g. "That thecoperator has not corrected all violations which he may
   I                                        ~    ~~~~~~~~~~~~have committed under any prior permit and which resulted in (1)
                                                revocation of his permit, (2) forfeiture of part or all of his bond or
                                                other security, (3) conviction of a misdemeanor under Section 19, or
   I                                        ~    ~~~~~~~~~~~~~(4) any other court order issued under Section 1 9."
                                                 In the absence of any of these findings, a permit shall be granted.

  I                                       ~~~~~~~~~~~~2. Bonding and Inspection
                                              Following approval by the Division of Mining and Reclamation, the
  I                                   ~         ~~~~~~~~~~~~~applicant is notified of the date of approval, the amount of reclamation
                                              bond, the date by which the bond must be posted, and the terms and
                                              conditions of the permit. The reclamation performance bond is set by
*                               ~~~~~~~~~27






                                               the S. C. Mining Act commensurate with the acreage of disturbance.
                                               Assignments of bond are as follows:

                                                  a. 0-5 acres - $2,500
                                                  b. 5-1 0 acres - $5,000
                                                  c. 1 0-25 acres -$I 2,500
                                                  d. 25 acres or more -determined onan individual basis by the staff

                                               Once the reclamation bond is received, a permit to mine is issued to
      I                                     ~    ~~~~~~~~~~~~the applicant and a copy of the approved reclamation plan is sent to
                                               the local Soil and Water Conservation District.

      I                                       ~~~~~~~~~~~~Mining operations are generally inspected by the Commission two to
                                               three times a year to insure compliance with the Mining Act, Rules and
                                               Regulations and the approved application and reclamation plan.
      I                                     ~    ~~~~~~~~~~~~These inspections continue throughout the life of the mine and until
                                               the site has been completely reclaimed in accordance with the rules
                                               and regulations. General reclamation requirements are that a 3:1
                                               slope be achieved and a permanent vegetative cover be established.
                                               Economic growth in South Carolina has increased the need for various
                                               mineral commodities many of which are likely to occur in the lower
                                               coastal plains region of the state in wetland areas. These resources
                                               which generally occur in wetlands include peat, coquina, sand,
      3                                       ~~~~~~~~~~~~limestone, marl and gravel. The philosophy of the Department is to
                                               avoid impacts to wetlands by encouraging the mining operators to
                                               avoid wetland areas. Mining operations occurring adjacent to wetlands
                                               usually require, as a term and condition, a 50-foot setback. Discharges
                                               into wetlands usually require a sediment and erosion control plan to be
                                               submitted. When no reasonable alternatives exist, mining permits
                                               which occur in wetlands may require mitigation including wetland

                                               restoration and/or enhancement.





U                  ~~~~~~IV.  POLICIES          The agencies identified in this section have a major role in the review
                                AND            of applications for permits and/or certifications that encroach into or
                        PHILOSOPHIES          ~impact upon freshwater wetlands. The agencies are identified as
                  PHILOSOPHIE experts in their respective fields and great weight is placed on their
                    AFNDESTATE                 comments as to the impacts that a proposal has on aquatic resources.
                        ANDVSTA               T Each agency has summarized its policies, philosophies and role in the
 ~~~~~~~~REIEpemtigadocrifngrcs.
                       AGENCIESpemtigadocetfigpcs.
                                               A. S.C. WILDLIFE AND MARINE RESOURCES DEPARTMENT.

                                               The S. C. Wildlife and Marine Resources Department (SCWMRD) is
                                               charged with broad responsibilities for protecting the public interest in
                                               respect to conservation and management of wildlife, freshwater
                                               f isheries, and marine resources; and advising on the maintenance and
                                               improvement of environmental quality as it affects these natural
                                              resources. Proposed projects are evaluated by the Department's
                                               Wildlife and Freshwater Fisheries Division, Marine Resources Division,
                                               and Law Enforcement and Boating Division. The comments of each
    *                               ~~~~~~~~~28






                                          division to the Executive Office where the Department's final
                                          recommendation for approval or denial of the permits are prepared.

                                          Recognizing that wetlands are of vital importance to the State and that
                                          these areas are, in some instances State owned property held in trust
                                          for the people of the State, and that there is a strong and growing
                                          pressure for the development of these areas, the SCWMRD has
                                          established broad guidelines for permit applications in an effort to
                                          reduce the irreversible loss of productive wetland areas, while meeting
                                          long-range State development needs.

                                          Generally, the SCWMRD feels that any development adversely
                                          affecting wetlands should meet a recognized public need. Beyond this,
                                          those activities that can function only through use of waterfront
                                          property or access to it, such as marinas, have highest priority for
                                          limited wetland development. Of lower priority are those activities that
                                          could function inland, but for which a shoreline or wetland location
                                          would significantly enhance the activity on an economic or aesthetic
                                          basis. Even in these cases, alterations of wetland areas should be
                                          strictly limited.

                                          The SCWMRD discourages development activities which would result
                                          in the elimination or degradation of wetlands providing ecological and
                                          water resources functions. The filling of wetlands for the purpose of
                                          creating developable residential and commercial property results in
                                          the permanent loss of wetlands and is strongly discouraged. Dredging
                                          and filling activities which result in the creation of stagnant water and
                                          decreased water quality in existing flow-through systems are usually
                                          recommended for denial. The SCWMRD is opposed to the dredging of
                                          canals and ditches through freshwater wetlands to create waterfront
                                          property or to drain site wetlands in preparation for development.

                                          Existing site wetlands should be taken into consideration early on in
                                          the developmental planning stages. These areas should be incor-
                                          porated in an unaltered state as part of an overall drainage system.
                                          The conversation of natural wetlands into lagoons and lake systems
                                          results in the elimination of a number of important wetlands functions
                                          and is not looked on favorably.

                                          The SCWMRD considers mitigation only as a last resort after all other
                                          alternatives are completely exhausted and wetland impacts are
                                          minimized to the greatest extent possible. Mitigation in the form of
                                          forested wetland creation is a new science and should be approached
                                          with caution. The department does not consider the preservation of
                                          existing wetlands as adequate mitigation for the destruction of other
                                          wetlands.

  ~~~~~~~I                                 s~~B. U.S. FISH AND WILDLIFE SERVICE.

                                          Fish and wildlife and their habitats are public resources with clear
  ~~~~~~~~~~I          ~~commercial, recreational, social, and ecological value to the Nation.
                                          As the Federal agency charged with the stewardship of the Nation's
                                          fish and wildlife resources, the Fish and Wildlife Service's mission is to
                                          provide the leadership to conserve, protect, and enhance fish and
                                          wildlife and their habitats for the continuing benefit of all people.
*1~~~ ~29






                                            It is with this mission in mind that the U.S. Fish& &WildlIife Service (FWS)
                                            provides input to the regulatory process governing freshwater wet-
                                            lands. The FWS reviews, investigates and cooperates fully in providing
                                            ecological advice in the form of comments and recommendations on
                                            proposals for Federal or Federally permitted or assisted activities and
  I                                    ~     ~~~~~~~~~~~~developments in or affecting the Nation's waters or wetlands. The FWS
                                            operates primarily under the authority of the Fish and Wildlife
                                            Coordination Act which requires equal consideration of fish and
                                            wildlife resources with other project features.
                                            The FWS also fulfills its mandates under Section 7 of the Endangered
                                            Species Act by reviewing permit applications to ensure that the
                                            continued existence of an endangered or threatened species is not
                                            further jeopardized and/or that critical habitat for such species is not
  I                                    ~     ~~~~~~~~~~~~destroyed or adversely modified.
                                            Freshwater wetlands serve vital fish and wildlife habitat and support
                                            functions, as well as provide many other natural values. For this
                                            reason, the FWS actively discourages activities and developments in
                                            or affecting these wetlands which would, individually or cumulatively
                                            with other such activities or developments, unnecessarily destroy,
                                            damage or degrade fish, wildlife and naturally functioning wetland and
                                            associated aquatic ecosystems.

  I                                      ~~~~~~~~~~~~~Review criteria for recommendations include:

                                               I1. the water-dependency of the project - does the project require
   p                                      ~     ~~~~~~~~~~~~~siting in wetlands to achieve its basic purpose?
                                               2. is this the least ecologically damaging alternative?
                                               3. the non-water dependency of the project - particularly where
   I                                      ~     ~~~~~~~~~~~~~biologically productive wetlands are involved and alternative upland
                                               sites are available, the FWS usually recommends denial of a permit.
                                               In general, residential or commercial development which would
   *                                        ~~~~~~~~~~~~~~require filling or other permanent alteration of freshwater wetlands
                                               will not receive a favorable review.

                                            Freshwater wetlands should be incorporated into overall development
  I                                    ~     ~~~~~~~~~~~plans in their natural, undisturbed state as green space ideally
                                            separated from adjacent development by a buffer zone. Under most
                                            circumstances, they may be incorporated into stormwater manage-
                                            ment plans to service retention/detention functions in their natural
                                            state. Review of total tract development master plans at an early
                                            planning stage (pre-permit application) can be most helpful in
                                            avoiding direct land use conflicts at the permit stage.
                                            The FWS has a published mitigation policy which addresses wetland
  I                                    ~     ~~~~~~~~~~~~encroachment. As described in the policy, mitigation is a step-by-step
                                            process beginning with avoidance and minimization as primary goals.
                                            At the end of the process, tools such as wetland restoration and
  I                                    ~     ~~~~~~~~~~~compensation are available for impacts judged to be in the public
                                            interest and truly unavoidable. Minor road crossings to access
                                            otherwise unaccessible, developable highland may fit into this
                                            category.
                                            Water access projects are generally considered water dependent.
*                              ~~~~~~~~~30






          The FWS encourages community facilities located in the adjacent
          navigable waterbody and accessed by piering over vegetated wet-
          lands. In contrast, the FWS will generally oppose issuance of a permit
          to dredge canals through freshwater wetlands to create waterfront
          property or bring navigable waters to highland.

          C. ENVIRONMENTAL PROTECTION AGENCY.

          1. The Environmental Protection Agency's has the responsibility to:

             a. develop guidelines with the Corps for regulation of dredge and fill
             operations in wetlands;
             b. review permit applications and provide comments to the per-
             mitting authority;
             c. make jurisdictional calls when necessary;
             d. approve and oversee State 404 programs;
             e. enforce violations under Section 309;
            f. prohibit any defined area's specification as a discharge site, or
             restrict its use, by following procedures given in Section 404(c)
             whenever certain unacceptable adverse environmental effects
             would be caused by discharges.

          In addition, EPA supplies technical assistance to the Corps, other
          Federal or State agencies, or local governments concerning issues of
          water quality, fish and wildlife resources, and aquatic ecosystem
          structure and functions.

          2. Development of 404(b) Guidelines
          Section 404(b) of the Clean Water Act states that each disposal site
          should be specified for each permit by the Secretary of the Army
          through applications of Guidelines developed by the Administrator of
          EPA in conjunction with the Secretary of the Army. EPA first published
          interim final guidelines on September 5, 1975, for the purpose of
          providing guidance to be applied in evaluating proposed discharges of
          dredged or fill material into navigable waters. The Guidelines were
          revised and published on December 24, 1980, and now appear at 40
          CFR 230.

          3. Application of 404(b) Guidelines
          The 404(b) Guidelines apply to all individual permit decisions made
          after March 23,1 981. Federal construction projects which meet 404(r)
          criteria and Corps civil works also fall under Guidelines jurisdiction.
          Fundamental to the guidelines is the precept that dredged or fill
          material should not be discharged into the aquatic ecosystem unless it
          can be demonstrated that the discharge will not have an unacceptable
          adverse impact, either individually or in combination with known
          and/or probable impacts of other activities affecting the ecosystem.
          The guiding principle of the application of the Guidelines is that
          degradation or destruction of aquatic sites may represent an
          irreversible loss of valuable aquatic resources.

          General step-by-step procedures to be followed in applying Guidelines
          are given in 230.5(a-1). The permitting authority must address all
          relevant provisions of the Guidelines before reaching a Finding of
          Compliance in an individual case.
31






                                            The following is a summary of the basic Guideline precepts:
                                               a. No discharge shall be permitted if there is a practicable
                                               alternative to the proposed discharge which would have less
                                               adverse impact on the aquatic ecosystem.
                                               b. Where the activity associated with a discharge does not require
   I                                       ~    ~~~~~~~~~~~~~access or proximity to a special aquatic site to fulfill its basic
                                               function (i.e., is not water dependent), practicable alternatives are
                                               presumed to be available, unless clearly demonstrated otherwise.

                                               c. No discharge of dredged or fill material shall be permitted if it:
                                                 (I1) causes or contributes to violations of any applicable State
                                                 water quality standard:
                                                 (2) violates any toxic effluent standard;
                                                 (3) jeopardizes the continued existence of an endangered or
                                                 threatened species:
                                                 (4) violates requirements to protect a marine sanctuary" or
                                                 (5) causes or contributes to significant degradation of waters of
                                                 the United States. Significant degradations include adverse
                                                 effects on life stages of aquatic life and other water dependent
                                                 wildlife, ecosystem diversity, productivity and stability, recrea-
   *                                           ~~~~~~~~~~~~~~tional, aesthetic and economic values.

                                               d. No discharge of dredged orfill material shall be permitted unless
                                               appropriate and practicable steps have been taken to minimize
                                               potential adverse impacts on the aquatic ecosystem.
                                            The Guidelines are the bases for specification for disposal sites, and
                                            must be used by both permitting and review agencies. The Corps'
                                            Regulations state that compliance with the Guidelines is mandatory
                                            for all permit actions.

  *                                       ~~~~~~~~~~~4. Enforcement
                                            EPA provides written comments when appropriate to the Corps on
                                            Cease and Desist Orders and/or after-the-fact permit applications.
                                            EPA technical personnel are available to assist the Corps in evaluating
                                            effects of violations on water quality, fish and wildlife habitat, and
                                            ecosystem dynamics. Regional Off ice personnel routinely gather f ield
                                            data and testify at federal trials as expert witnesses for the Government,
                                            EPA enforcement options for Section 404 are given in Section 309 of
  I                                     ~    ~~~~~~~~~~~~the Clean Water Act (CWA). Section 309(g) of the act provides the EPA
                                            with administrative penalty authority, where up to $125,000 of civil
                                            penalties can be sought for unauthorized filling of wetlands. If a state
  I                                     ~    ~~~~~~~~~~~~with an approved permit program is not actively pursuing enforcement
                                            action, EPA may issue an order requiring compliance or bring civil
                                            action (federally assumed enforcement). EPA may issue an Adminis-
                                            trative Order under Section 309 for any unpermitted discharge of
                                            pollutants into waters of the United States which is a violation of
                                            Section 301 of the CWA.

                                            5. Use of 404(c) Veto Authority
                                            The Corps may issue a permit, even if EPA comments adversely, after
                                           consultation takes place. Under either a Federal or State program, the
                                            Administrator may prohibit the specification of a discharge site, or
                                            restrict its use, by following procedures given in Section 404(c) of the
*                               ~~~~~~~~~32






                                       CWA. Such action may be initiated if the administrator determines that
                                       the discharge would have an unacceptable adverse effect on fish and
                                       shellfish areas, municipal water supplies, and for wildlife or recreation
                                       areas. He may do so in advance of a planned discharge or while a
                                       permit application is being evaluated, or even after the issuance of a
*I~~~~~~~~~ ~~~permit.

                                       If the Administrator uses 404(c), he may block the issuance of a permit
                                       by the Corps or a State program. His action may be overridden under
                                       Section 404(b)(2), which allows the Corps to make some permit
                                       decisions based on the economic impact of the state on navigation
                                       and anchorage.

                                       D. NATIONAL MARINE FISHERIES SERVICE.

                                       The Habitat Conservation Division of the National Marine Fisheries
                                       Service (NMFS) is a review agency mandated by Federal law to advise
                                       the U. S. Army Corps of Engineers regarding the potential adverse
                                       impacts to fishery resources of projects requiring Federal permits.
                                       The NMFS is responsible for the conservation and management of
                                       living marine resources including anadromous fish and the endanger-
                                       ed shortnose sturgeon. Anadromous fish swim upstream in our
                                       coastal rivers to spawn in freshwater. Juvenile fish then return to the
                                       lower reaches of the river or ocean to complete their life cycle.
                                       Freshwater marsh and wooded swamps found adjacent to rivers and
                                       streams provide food, spawning and nursery habitat, and water quality
                                       maintenance functions that are vital for the continued production of
                                      these fishery resources. Therefore, the NMFS is concerned with any
                                       project that would alter such wetlands.

                                       When the service receives a public notice, the NMFS determines
                                       whether or not resources for which it is responsible are involved and if
                                       necessary inspect the project and submit appropriate written
~~~~~~~~~I           ~~comments. These include a brief description of the resources
                                       affected, the project's impact on these resources, and a recommen-
                                       dation regarding permit issuance such as modifications that would
                                       minimize or eliminate resources losses and they make the work
                                       acceptable to the NMFS. If the project involves fishery resource losses
                                       for work that is not water dependent and the project cannot be
                                       modified to eliminate these losses, the NMFS recommends that the
                                       permit not be issued.

                                       Pre-application meetings with the applicants are often held to identify
                                       our concerns and are coordinated with review and permitting agencies
                                       early in the project planning process. This will hopefully expedite the
                                       permit review and avoid conflicts later in the permitting process. For
                                       further information contact Habitat Conservation Division, National
                                       Marine Fisheries Service, Beaufort, North Carolina 28516. Telephone
                                       numbers are: A/C 919-728-5090.

                                       E. S.C. ATTORNEY GENERAL.

                                       The role of the State Attorney General in reviewing projects that
                                       impact freshwater wetlands has traditionally been limited to review to
                                       determine (a) whether navigable waters will be obstructed, and (b)

                             33






                                            whether wetlands owned by the State in public trust will be adversely
                                            affected or effectively converted to private use.

                                            In those freshwater wetland areas above the tide, it is somewhat
                                            unlikely that the State owns the wetland bottoms. Accordingly, for
  I                                      ~     ~~~~~~~~~~~~those areas, the Office of the State Attorney General would only be
                                            concerned with the blockage of navigation. For the areas which are
                                            freshwater but still tidal, the State Attorney General's Office would
  3                                        ~~~~~~~~~~~~~~examine in light of both factors listed above.

                                            F. S.C. DEPARTMENT OF ARCHIVES AND HISTORY and the
   *                                           ~~~~~~~~~~STATE HISTORIC PRESERVATION OFFICER.

                                            One of the responsibilities of the State Historic Preservation Office
                                            (SHPO) is the review of Federally funded, licensed and approved
  I                                      ~     ~~~~~~~~~~~~projects, The mandating legislation is Section 1 06 of the National
                                            Historic Preservation Act of 1 966, as amended, and the regulations
                                            codified at 36 CFR Part 800. Section 1 06 requires that the Federal
  I                                      ~     ~~~~~~~~~~agency consult the SHPO  and  determine  if significant historic
                                            structures or archaeological sites (cultural resources) will be affected
                                            by a Federally funded, licensed or approved project.

                                            The SHPO also reviews and comments on Water Resources public
                                            notices and Coastal Council Public Notices and certifications.These
  3                                        ~~~~~~~~~~~~~comments are made to ensure that significant cultural resources are
                                            considered in the project's planning process.

                                            Cultural resources are frequently found near freshwater wetlands-,
                                          therefore, any action that adversely affects freshwater wetlands also
                                            has a high probability of adversely affecting these sites.

  I                                        ~~~~~~~~~~~~~A more detailed discussion of the review and compliance responsibi-
                                            lities of the SHPO office is included at Appendix B, page B-i 6.

                                            Additionally in those instances where an archeological reconnais-
                                            sance of a project area is required, guidelines have been developed to
                                            assist developers in the preparation of reports and identification of the
                                            scope of necessary investigations. These guidelines are included at
                                            Appendix B, page B-i 9,






                         V.  THE            This section addresses the various processes involved in obtaining
                PERMITTING                  approval for work that impacts freshwater wetlands. The processes
                    PROCESS                vary and are determined by the location of the work.The processes
                                            discussed in this section are as follows:

   I~~~~~~~~~~~~~~ -The individual process.
                                               - The nationwide permit #26 process for projects located in the

                                                -The nationwide permit ff26 process for projects located inland of
                                               the coastal zone.
I                                ~~~~~~~~~34







          A. INDIVIDUAL PERMIT PROCESS.

          An individual permit process is required for activities that are located in
          "navigable waters of the United States" and "waters of the United
          States". The definitions of these terms can be found in Appendix B.,
          page 23-26.

          If a project being planned involves the discharge of dredged or fill
          material in wetlands below the headwater (headwater is defined as
          that point on a non-tidal stream above which the average annual flow
          is less than 5 cubic feet per second) or the construction includes the
          discharge of dredged or fill material into the areas mentioned above,
          an individual permit will be required from the Corps of Engineers (COE)
          and possibly the South Carolina Water Resources Commission. The
          process involved and the information needed to begin this process is
          outlined in a booklet entitled "U.S. ARMY CORPS OF ENGINEERS,
          REGULATORY PROGRAM, APPLICANT INFORMATION". This
          booklet is available free of charge by contacting the COE.

          Since, in most instances, a permit and/or certification will also be
          required from one or more State agencies, agreements have been
          implemented between the Corps and the South Carolina Coastal
          Council (SCCC), the South Carolina Water Resources Commission
          (SCWRC), and the South Carolina Department of Health and Environ-
          mental Control (DHEC). These agreements allow for the joint pro-
          cessing of individual permit applications and an application need only
          be submitted to the Corps of Engineers (COE). This eliminates
          duplication of paperwork and effort in the preparation of the necessary
          information that is required to begin this process. Projects that are
          located in the critical area of the Coastal Zone are processed jointly
          with the South Carolina Coastal Council. Projects that are located
          inland of the critical area, but still in the Coastal Zone, are processed
          jointly with the South Carolina Water Resources Commission for the
          required State permit and also jointly with the South Carolina Coastal
          Council since certification of project compliance with the Coastal
          Zone Management Plan is a prerequisite to favorable action on both
          the State and Federal permits. If the project construction involves the
          discharge of dredged or fill material or if its use may result in a
          discharge of any pollutant into waters of the United States, a water
          quality certificate is required and the application will be processed
          jointly with the DHEC. In addition, projects that are located in the
          coastal zone but not in the critical area (generally the area between
          U. S. Highway 17 and the inland limits of the eight coastal counties)
          would also require certification of consistency with the coastal zone manage-
          ment plan from the SCCC. If the project is located in the certification
          area of the coastal zone an applicant must submit a "statement of
          consistency" along with the application for an individual permit. A form
          is included at Appendix A, page A-10, that can be used for this
          purpose.

          Prior to submittal of an application for an individual permit it may be
          advisable to present your project to the permitting and/or certifying
          agencies. This pre-application meeting can provide information that
          will make the project more environmentally acceptable and other
          options that would eliminate the concerns of the environmental review
35






                                             agencies. Pre-application meetings can involve as many or as few
                                             agencies as an applicant desires and can be held on-site or in one of
                                            the permitting or certifying agency's offices. To arrange for a pre-
                                             application meeting, contact one of the agencies identified in this
                                             handbook.

  U                                        ~~~~~~~~~~~~The process starts with the submittal of an application form (ENG
                                             FORM 4345) and drawings that must clearly depict the work proposed.
                                            The COQE permit booklet contains an application form and sample
                                             drawings. An application form is included in Appendix A, page A-i 1, of
                                            this handbook. One of the most important parts of a submittal is a
                                             complete written description of the project, the work to be performed
                                             and 2 concise and accurate statement defining the project's primary
                                             purpose. Also, the drawings depicting the project must be clear,
                                             accurate, and contain all necessary information. The informational
  I                                      ~    ~~~~~~~~~~~~requirements for application drawings are defined in Appendix A, page
                                             A-28. Sample drawings are also included in Appendix A, page A-i 5
                                             and A-21. The drawings accompanying an application must be on
  I                                      ~    ~~~~~~~~~~~~8Y/2" X I1I" paper. A sample drawing sheet is included at Appendix A,
                                             page A-27, for use in completing the required drawings. In addition to
                                            the drawings submitted with your application, large scale total
  I                                      ~    ~~~~~~~~~~~development plans with the wetland boundary annotated thereon may
                                             also be provided if necessary to adequately review the project.

                                             When an application is received by the COE it is immediately assigned
                                             to a Project Manager and is given a number for identif ication purposes,
                                             The Project Manager will be responsible for all actions associated with
                                             its processing and will ultimately recommend the final action to the
                                             District Engineer or his designee. Any questions on the application, the
                                             process, or the status should be directed to that individual.

                                             The Project Manager will, upon receipt of an application, check to see
                                             if all necessary information has been provided. It additional information
                                             is required the applicant will be advised of the specific informational
  I                                      ~    ~~~~~~~~~~~~~needs within 1 5 days of receipt of the application. If the application is
                                             complete or once the required information is received, a public notice
                                             will be prepared and this notice will be mailed to a number of local,
  I                                      ~    ~~~~~~~~~~~state, and Federal agencies, adjacent property owners, and other
                                             interested persons or groups. The public notice will normally specify a
                                             30 day period during which comments may be provided to the
                                             permitting and/or certifying agencies identified therein.
                                             Once the comment period has ended an assessment of all comments
                                             received will be made by the Project Manager. If substantive objections
                                             are received the applicant will be provided copies of these objections.
                                             The applicant may attempt to resolve the concerns of the objecting
                                             parties or submit a rebuttal; however, this is not required.

                                             Once all the required State permits and/or certifications are issued
                                             the Project Manager will begin the decision making process on the
  I                                      ~    ~~~~~~~~~~~~~Federal permit. Please note that if any of the required State permits or
                                             certifications are denied the COE cannot issue the Federal permit. The
  r                                 ~~~~~~~~~~~~decision making process involves an evaluation of the probable
                                             impact including cumulative impacts of the proposed activity on the
                                             public interest and includes application of the guidelines (Section
*                               ~~~~~~~~~36






                                         404(b)(1 ) of the Clean Water Act) promulgated by the Administrator,
                                         Environmental Protection Agency, it appropriate. The benefits which
                                         reasonably may be expected to accrue from a proposal are balanced
                                         against its reasonably foreseeable detriments. All factors which may
                                         be relevant to the proposal are considered including their cumulative
                                         effects. The factors considered by the COE include conservation,
                                         economics, aesthetics, general environmental concerns, wetlands,
                                         historic properties, fish and wildlife values, flood hazards, flood plain
                                         values, land use, navigation, shoreline erosion and accretion,
                                         recreation, water supply and conservation, water quality, energy
                                         needs, safety, food and fiber production and, in general, the needs and
*                                      ~~~~~~~~~~~~~welfare of the people.

                                         As mentioned above, every application involving the discharge of
                                         dredged or fill material into freshwater wetlands must be considered in
                                         light of the `404(b)(1 ) guidelines". The process involves an assess-
                                         ment of project impacts on the aquatic ecosystem to determine if it is
*                                      ~~~~~~~~~~~~~or is not in compliance with the guidelines.

                                         These guidelines, under which projects are reviewed for Federal
                                         purposes, are clearly prejudiced against discharges of dredged or fill
                                         material into wetlands for non-water dependent activities.
                                         The guidelines compel the Corps of Engineers to place the burden of
                                         proof on applicants to conclusively demonstrate that their projects will
                                         not cause an unacceptable adverse effect to our nation's aquatic
                                         resources and that less damaging alternatives are not available when
p                                    ~    ~~~~~~~~~~~a project is "non-water dependent". Even it a project is "water
                                         dependent'', the guidelines are designed to hold encroachments into
                                         wetland areas to a minimum. A copy of the 404(b)(1 ) guidelines, which
                                         are published in 40 CFR 230, is available by contacting the EPA or the
                                         COE.

                                         In addition to the 404(b)(1) evaluation, an environmental assessment
I                                    ~     ~~~~~~~~~~~(EA) is prepared to determine if an environmental impact statement
                                         (EIS) is required. This is a requirement of the National Environmental
                                         Policy Act (NEPA).

                                         Once the project has been found in compliance with the 404(b)(1)
                                         guidelines and the EA has concluded with a finding of no significant
I                                    ~    ~~~~~~~~~~~~impact (FONSI) a "Statement of Findings" (SOF) is prepared. This SOF
                                         is the decision maker's written evaluation of all comments and
                                         concerns expressed, how these comments were considered in the
                                         decision and why they were either rejected or accepted.
                                         NOTE: A FLOW CHART FOR THIS PROCESS IS CONTAINED IN
                                         SECTION VI
                                         B. NATIONWIDE PERMIT #26 PROCESS.
                                         Nationwide permit #26 [33 CFR 330.5(a)(26)] authorizes discharges of
                                         dredged or fill material into non-tidal rivers, streams, and their lakes
                                       and impoundments, including their adjacent wetlands that are located
                                         above the "headwaters" of that waterbody or in isolated wetland areas
                                         provided the discharge does not cause the loss or substantial adverse
                              37







           modification of more than 10 acres of wetlands. For discharges which
           cause the loss or substantial adverse modification of between 1 and
           1 0 acres of such waters, including wetlands, notification to the District
           Engineer of the Charleston District is required in accordance with 33
           CFR 330.7.

           Since the State of South Carolina is divided into 2 areas for permitting
           purposes, the process involved in obtaining authorization under
           nationwide permit #26 depends on which geographic area the project
           will be located (coastal zone or inland). A discussion of the process in
           each of these areas is as follows:

           1. The Process for Projects Located in the Coastal Zone
           The South Carolina Coastal Council saw a need and requirement
           under the Coastal Zone Management Act to individually review
           projects to assess their impacts on natural resources in the coastal
           zone; therefore, the process is different in this area. As a result of the
           concerns for coastal resources and the need to allow the orderly
           development of the coastal areas, the process described in the
           paragraphs that follow was instituted for projects located in the coastal
           zone. Before the process can commence the information described
           below must be submitted.

              (a) a predischarge notification to the Corps of Engineers. A copy of
             this predischarge notification entitled "Application Form - Corps of
              Engineers - Charleston District 404 Permit Application: Less Than
              1 0 Acres" is provided in Appendix A, page A-32 for your use. Also
              included in Appendix A, page A-33, is a "SAMPLE" application that
              has been completed which may be of assistance in completing this
             form.

              (b) a brief narrative description of the project to include a discussion
              of the work required, the wetlands impacted, the project location
              and the purpose of the work. A "SAMPLE" is included at Appendix
             A, page A-34 which may be of assistance in providing this
              information.

              (c) project plans to include the following:
                (1) Agood location map for the proposed activity. U.S. Geological
                Quadrangle maps are required as a source. The location map
                should show roads leading to the site and should also provide the
                name or number of these roads.
                (2) a plan view of the proposed project which depicts the overall
                development with the jurisdictional wetlands annotated thereon.
               The areas of the proposed fill, the ordinary high water line, where
                applicable, the dimensions of the proposed fill, and a north arrow
                must be shown. The drawing should be to some identified scale.
                (3) a cross sectional view through the proposed fill area which
                depicts the existing ground contour and the proposed finished
                grade. The normal high water line, where applicable, should also
                be shown.
                (4) all project drawings should be submitted on 8 1/2" X 11" paper
               to facilitate their duplication. A set of 8ï¿½2 X 11 sample drawings
                are included and can be found in Appendix A, page A-37.

38






                                               (d) A written statement indicating that, to the best of your know-
                                               ledge, the proposed project will be consistent with the South
                                               Carolina Coastal Zone Management Program. A form is included in
                                               Appendix A, page A-I 0 for your convenience.

   I                                         ~~~~~~~~~~~~~~(e) Proof of publication in a local newspaper. A sample publication
                                               is included in Appendix A, page A-8.

                                               (f) For projects other than a single family residence, consult with
                                               the South Carolina Coastal Council to determine if a storm water
                                               management plan will have to be submitted.

  I                                       ~~~~~~~~~~~~~When the above information is received by the Corps of Engineers it
                                            will be reviewed to determine if the proposed work qualifies for
                                             processing under nationwide permit ff26. If a determination is made
                                            that the proposed work appears to meet the criteria for authorization
                                            under nationwide permit #26, copies of the project information will be
                                            forwarded to the South Carolina Coastal Council with a request that a
                                            determination be made as to whether the project is consistent with the
                                            Coastal Zone Management Program of South Carolina.

  I                                       ~~~~~~~~~~~~~Copies of the project predischarge notification will also be forwarded
                                            to the South Carolina Department of Health and Environmental
                                            Control, the South Carolina Wildlife and Marine Resources Department,
  I                                     ~    ~~~~~~~~~~~~the U.S. Fish & Wildlife Service, the U.S. Environmental Protection
                                            Agency and the South Carolina Department of Archives and History
                                            for their review and comment. These agencies are requested to
  p                                     ~    ~~~~~~~~~~provide their views to the South Carolina Coastal Council for
                                            consideration in its decision on the project compliance with the
                                            policies of the Coastal Zone Management Program.

  H                                       ~~~~~~~~~~~~Upon receipt of a letter from the South Carolina Coastal Council
                                            certifying that the project is consistent with the South Carolina Coastal
                                             Zone Management Program, the Corps of Engineers will then deter-
                                             mine if the project is or should be authorized by the Nationwide permit.
                                             If the proposed work impacts less than one acre of wetlands, the
                                            applicant will be notified that the work is authorized by the nationwide
                                            permit and that work may proceed.

                                            Those projects receiving certification from the South Carolina Coastal
                                            Council that impact more than I acre but less than 10 acres of
                                            wetlands, must undergo an additional review, The proposed work,
  I                                     ~    ~~~~~~~~~~~~once certified by the South Carolina Coastal Council, will be coordi-
                                             nated with the U.S. Fish and Wildlife Service. Concurrent with this review,
                                            the Division Engineer for the South Atlantic Division, will be provided a
                                            copy of the predischarge notification for review. The U.S. Fish &
                                            Wildlife Service will be given IO days, from the day that the Corps
                                            receives the letter of consistency from the South Carolina Coastal
                                            Council, to review the proposed project and submit their comments on
                                            the project's impacts. If the U.S. Fish & Wildlife Service believes the
                                             impacts are signif icant, it may recommend the project be subjected to
                                           the individual permit process, as discussed in Section V., A. and not be
                                            authorized under the nationwide permit. Upon receipt of the views of
                                            the U.S. Fish & Wildlife Service, or at the end of the 1 0 day period, the
I                               ~~~~~~~~~39






                                      District Engineer or his designee will forward to the Division Engineer
                                      his recommendation asto whetherthe proposed activity complies with
                                      the terms and conditions of the nationwide permit. The Division
                                      Engineer will then review the recommendation of the District Engineer
                                      and any comments from the U. S. Fish &Wildlife Service and make a
                                      determination as to whether the activity complies with the terms and
                                      conditions of the nationwide permit. The Division Engineer will notify
                                      the District Engineer of his decision who will then notify the applicant
                                      as to whether or not an individual permit is required. When the Division
                                      Engineer has decided that the proposed work complies with the terms
                                      and conditions of the nationwide permit, the permittee may commence
                                      work at the time of notification. In the event the Division Engineer's
                                      decision is to require an individual permit no work can commence until
                                      the individual process has been completed. IF THE APPLICANT
                                      DOES NOT RECEIVE A RESPONSE FROM THE CORPS OF
                                      ENGINEERS WITHIN 20 DAYS OF THE DISTRICT ENGINEER'S
                                      RECEIPT OF THE LETTER OF CONSISTENCY FROM THE SOUTH
                                      CAROLINA COASTAL COUNCIL, THE PROJECT IS AUTOMATI-
                                      CALLY AUTHORIZED AND WORK MAY PROCEED.

                                      In all cases where it has been determined that a project meets the
                                      criteria of the nationwide permit, the project must also meet the
                                      conditions cited in the extract found in Appendix A, page A-40 entitled
                                      "Conditions and Best Management Practices for Activities Authorized
                                       Under Corps of Engineers Nationwide Permits".

                                      When the District Engineer receives notification from the South
                                      Carolina Coastal Council that a particular project has been determined
                                      to be inconsistent with the policies of the South Carolina Coastal Zone
                                       Management Program, the Corps of Engineers will immediately notify
                                      the applicant of this determination. The applicant should then contact
                                      the South Carolina Coastal Council to determine how, if possible, the
                                       proposed activity can be brought into consistency with the South
                                      Carolina Coastal Zone Management Program.

                                       NOTE: A FLOW CHART FOR THIS PROCESS IS CONTAINED IN
*I~~~~~~ ~~~SECTION VI

                                      2. The Process for Projects Located Inland or Outside of Coastal
                                      Zone
                                      The following paragraphs define the information needed to commence
                                      this process and a description of the administrative procedure
                                      required before a project can be authorized under Permit #26.

                                         a. Information Required
                                           (1) A "Predischarge Notification" (PDN) must be submitted to the
                                           Corps of Engineers. A copy of this PDN entitled "Corps of
                                           Engineers - Charleston District Nationwide Permit #26 Notification
                                           Form" is provided in Appendix A, page A-30 for your use. Also
                                           included in Appendix A, page A-31 is a "SAMPLE" application
                                           that has been completed which may be of assistance in
                                           completing this form.
                                           (2) A location map must be provided which identifies the project
                                           location and is detailed sufficiently to allow a third party to drive to
                                           the site.
                            40






                                            b. The Process
                                            When the above information is received by the Corps of Engineers,
                                            it will be reviewed to determine if the proposed work potentially
                                            qualifies for authorization under nationwide permit #26. If a
                                            determination is made that the proposed work meets the criteria for
                                            authorization under nationwide permit ï¿½t26 and the wetlands
                                            impacted are one acre or less in size, the applicant will be notified
                                            that the work is authorized. and that he/she may proceed with the
                                            work. Those projects that impact more than 1 acre but less than 1 0
                                            acres of wetlands, must undergo an additional review. The proposed
                                            project will be coordinated with the U. S. Fish & Wildlife. Concurrent
                                            with this review, the Division Engineer for the South Atlantic Division
                                            will be provided a copy of the Pre-Discharge Notice (PDN) for
                                            review. The U. S. Fish & Wildlife Service will be given 10 days, from
                                            the day that the Corps receives the PDN, to review the proposed
                                            project and submit their comments on the projects impacts to the
                                            District Engineer. If the U. S. Fish & Wildlife Service believes the
                                            impacts are significant it may recommend the project be subjected
                                            to the individual permit process (as discussed in Section V., A.) and
                                            that the project not be authorized underthe nationwide permit. Upon
                                            receipt of the views of the U.S. Fish & Wildlife Service or at the end of
                                            the 10 day period, the District Engineer, or his designee, will forward
                                            to the Division Engineer his recommendation as to whether the
                                            proposed activity complies with the terms and conditions of the
                                            nationwide permit. The Division Engineer will then review the
                                            recommendation of the District Engineer and any comments from
                                            the U. S. Fish & Wildlife Service and make a determination as to
                                            whether the activity complies with the terms and conditions of the
                                            nationwide permit. The Division Engineer will notify the District
                                            Engineer of his action who will then notify the applicant as to
                                            whether or not an individual Permit is required. When the Division
                                            Engineer has decided that the proposed work complies with the
                                            terms and conditions of the nationwide permit, the permittee may
                                            commence work at the time of notification. In the event the Division
                                            Engineer's decision is to require a individual permit no work can
                                            commence until the individual process has been completed. IFTHE
                                            APPLICANT DOES NOT RECEIVE A RESPONSE FROM THE
                                            CORPS OF ENGINEERS WITHIN 20 DAYS OF THE DISTRICT
                                            ENGINEER'S RECEIPT OF THE PDN, THE PROJECT IS AUTO-
   *I~~~~~~ ~~MATICALLY AUTHORIZED AND WORK MAY PROCEED.

                                            In all cases where it has been determined that a project meets the
                                            criteria of the nationwide permit, the project must also meet the
                                            conditions cited in the extract found in Appendix A, page A-40
                                            entitled "Conditions and Best Management Practices for Activities
                                            Authorized Under Corps of Engineers Nationwide Permits".

                                            NOTE: A FLOW CHART FOR THIS PROCESS CAN BE FOUND IN
                                            SECTION VI.



                    VI.  FLOW                This section contains flow charts that trace the procedures involved
                      CHARTS                 in the permit process. Flow Chart 'A' shows an overview of the
                                            interagency process. This then leads to the individual process of
                                            the South Carolina Water Resources Commission (Chart 'B'), the
                                            South Carolina Coastal Council (Chart 'C'), and the Corps of
                                            Engineers individual permit process (Chart 'D'). Also included are
                                            flow charts depicting the nationwide permit #26 process in the
                                            coastal zone (Chart 'E') and inland of the coastal zone (Chart 'F').
*I~~~ ,~41










                                    FLOW CHART 'A'

                   INDIVIDUAL PERMIT PROCESS FOR FRESHWATER WETLANDS


                                     Complete
                                    Ipplscation
                                FReceived




                                      Public
                                      Notice
                                      Issued



  THE
GENERAL                                                                                                SIPO
PUBLIC




                                                                              THE
                                                                            GENERAL
                                                                             PUBLIC


                                                        ,-
                                  COMMENTS RECIVEDO
                                                                            ADJACENT
      NMM^FS                                   NORPALLY  LAND
                               IN 30 TO 45 DAYS 



                                                                             FEDERAL
                    So=I ~~~~~~~~~~~~~~~~STATE
 SCUMIRD                                                                              LN AND LOCAIL
                                                                            OFFICIALS




SPECIAL OTHER
INTEREST                                                                                              A GENCIES
GROUPS                                                                                               COMMENTS




I  

         ISCNRC                                    SCCC                                     CORPS
        Process                                   Process                                  Process
    FLON CHART 'B'                            FLOW CHART 'C'                           FLOW CHART 'D'





                  42














                                                    FLOW CHART 1B'

                          S.  C. WATER RESOURCES CONNISSIOtN PROCESS FOR STATE NAVIGABLE HATERS


                                                    45 DAY NOTICE



                                                   SCNJC RECIEUES
                                                      CONNENTS



                                      I  YES        STATE AGENCY             No
                                                      OBJECTION
                                                      RECEIUED




                         RECOKCILIAI7III
                             PROCESS



                                               S.C. WATER RESOURCES
                                                    COMNISSION
                                           0   RECOIODDS ACTION TO    4
                                               S.C. BUDGET A CONTROL
                                                       BOARD




                                STATE PERNIT                                 FEDERAL
                                  ISSUED OR                                  AGENCY
                                   DENIED                                    ADUISED


II 

                               APPEAL PROCESS                             ACTION TAXEM










                                   43














                                FLO CHARI 'C'

     S. C. COASTAL COUNCIL CERTIFICATION PROCESS FOR FRESHWATER WETLANDS



                             RECEIUES AiPPLICAN'T
                                'STATEMENT OF
                                CONSISTENCY'
                           FROM CORPS OF ENGINEERS
                              CONCURRENTLY WITH
                                PUBLIC NOTICE







                              COMMENTS RECEIVED
                             FROM OTHER AGENCIES
                               OF COASTAL ZONE
                               MANAGEMENT PLAN







                             PROJECT IS DETERMINED
                               CONSISTENT WITH
                                COASTAL ZONE
                              MANAiGEMENT PLAN







       I                                                      l

PROVIDES CORPS
     WITH                                                  MODIFY                               DED
  CONSISTEDCYï¿½
 DETERMIHNTION










                    44















                                                               FLOW CHART 'D'

                                              CORPS OF ENGINEER'S INDIUIDUAL PERMIT PROCESS



                                    CORPS RECEIVES
                                       COMMENTS




                                                                          ADDITIONAL
                                                            YES            INFORMATION             YES
                                       OBJECT IS                             REoIUJRED TO
                                        RECEIVED                              AULUATI,
                                                                           COKE"RN

I~I                                            NNO

                                       SCCC & DNEC
                                     CERTIFICATIONS           YES             APPLICANT                  IAPPLICANT
                                         AND/OR                              IRESOLES                       PROVIDES
                                      STATE PERMIT                            OBJECTION                   REQUIRED DATA
                                         ISSUED
                                                   issueb



                                       DISCHARGES                                          OBECTION(S)
                                        COMPLY WITH                        N    o            BETINS
       PERMIT DENIED                       424(b)(1)                                             ARE FROM
                                        GUIDELINES                                       FEDERAL AGENCY(S)


  I   ~~~~~~~~~~~~Y~~~ES                                                                              YES

                                                                                      MOA PROCEDURES
                                      PROJECT IS NOT                 YES                 j   ARE EITHER
                                        CONTRARY TO                                         COMPLETED OR
                                      MBLIC INTEREST  [                                     NOT REQUIRED






                                                                                       PEMIT OFFERED
                                        PEumIT DENIED                                             To
                                      I        4I5APPLICANT











I                                       ~~~~~~~45







                              FLOW CHART 'E'

           NATIONWIDE PER1IT 26 - PROCESS IN THE COASTAL ZONE




                       CORPS RECEIVES APPLICATION
                         FOR PROJECT IN ISOLATED
                          WIETLANDS OR WETLANDS
                            LOCATED ABOVE THE
                               HEADTWATERS



                                    4

                               IN COASTAL
                                  ZONE

                   NO                                         YES


                    ~~I
 SEE CHART 'I'   |          |  SE CH0,RT 'A'
                                                                GREATER THAN 10
                                                                   ACRES OF
                                                               WETLANDS IMPACTED

   LETTER OF
 COORDINATION
   pWITH FIS

                                                               CORPS DISTRIBUTES
                                                                 PROJECT DATA TO
                                                                  SCCC & OTHER
                                                                 REUIEW AGENCIES
   NCOMENTS       I                                                FOR REVIEW AND
    RECEIVED                                                            CO4MENT
    FRON                                         FIS


                                                                AGENCIES PROVIDE
                                                                   COMMENTS TO
                                                                      $CCC

  DE SENDS   S                                                             1
COHMENTS WITH HIS
 RECOMMENDATI ON
  TO DIU. ENGR.
      WITH
  DOCUMIX TATIONf

                                           SCCC ISSUES                                       SCCC DEIES
                                          CERTIFICATION                                    CERTIFICATION
   DIU. BEG.
   CONCURS/NOT
 CONCURS WITH DE
 RECOMMENDATION
                                          LETTER TO COE
                                           IRDUISING OF                                        PROCESS
                                            DECISION                                        TERIINATED



LTR. 10 APPLICANT                   YBS    GREATER THAN   I         N       No
   ADVISING OF                                 ACRE OF                                           PROJECT
    DECISION                              WETLNDS  IAC7E                                 '|   AUTHORIZED


                        46











                                                     FLOWI CHART 'F'

                         NATIONWIDE PERMIT 26 - PROCESS IN AREAS INLAND OF THE S. C. COASTAL ZONE




                                                     PD  RECEIVED




                                                     U  EATER THAN
                                                        I AICRE
                                                        IMPACTED




                                              NO                  YES              ?I  R          DM
                                                =                                       ~~~~~~~~~~~COORDINATED
                                                                                    111TH P145



                                                                                       Fl'S
                                                                                    COMMENTS
                                                                                    RECEIVED


                                 PROJECT
                               AUTHORIZED
                                                                                 RECOMMENDAITION
                                                                                  A DOCUMENTATION
                                                                                   TO DIU. ENGR.



                                                                                    DIV. ENGR.
                                                                                    CONSURS/NOT
                                                                                   CONSURS WINH
                                                                                     DISTRICT
                                                                                  RECOMMENDATION






       I~~~~~  
                                                       LETTER To
                                                       APPLICANT
                                                      ADUISI NOF
                                                       DECISION
                                      47I








*                                           ~~~~~~~47






ViI. WETLAND                 The Coastal Council, in conjunction with other state and federal
         MASTER              agencies involved in wetland review, encourages a comprehensive
     PLANNING               approach to wetland management. To promote such an approach, the
                             Council has utilized a "wetland master planning" concept. Simply
                             stated, the guidelines are as follows:

                                If a pre-development wetland master plan is prepared for a
                                project identifing all wetlands, drainage patterns and conceptual
                                development pattern, isolated freshwater wetlands of one (1)
                                acre or less in size may be incorporated into the project
                                development as necessary provided:
                                  1. the wetlands contain no endangered species or critical
                                  habitat, and
                                  2. the wetland losses are adequately mitigated.

                             The wetland master plan must be certified by the Coastal Council with
                             input from other reviewing agencies as necessary.




Vill.  GENERAL               The following do's and don'ts are not conclusive but experience has
     GUIDANCE                shown that without adherence to these concepts substantial project
                             delays can be anticipated.

                                A. Development Do's and Don'ts

                                                              DO'S

                                   1. Avoid all encroachments into wetlands.
                                   2. Minimize any impacts that cannot be avoided.
                                   3. Incorporate wetlands in their natural state as part of a
                                  project's storm water management plan.
                                   4. Get agency input by attending South Carolina Coastal
                                  Council interagency meeting before initiating a new project.
                                   5. Include all phases of a development when submitting a plan
                                  for public review.The intended use for all wetlands on-site should
                                  be included.
                                   6. Fully incorporate the freshwater wetlands into the master
                                  plan.
                                   7. Incorporate buffer zones around preserved wetlands."

                                                             DON'TS

                                   1. Don't finalize development plans before addressing site
                                  wetlands.
                                   2. Don't purchase property until investigating amount of wetlands
                                  on site.
                                   3. Don't proceed with project plans using consultant's wetland
                                  delineation. Always verify lines with Corps of Engineers first.
                                   4. Don't submit development plans in a piecemeal fashion.
                                   5. Don't submit mitigation plans until all other options are
                                  exhausted and wetlands impacts have been minimized to the
                                  greatest extent possible.
                                   6. Don't plan extensive canals through freshwater wetlands to
                                  create waterfront lots or water access.
                  48





                                                  7. Don't excavate freshwater wetlands to create lakes or ponds.
                                                  8. Don't dam off flowing streams to create open water ponds.
                                                  9. Don't fill freshwater wetlands to create residential or
                                                 commerical lots.
                                                 I 0. Don't undertake any project without first obtaining all
   *                                          ~~~~~~~~~~~~~~~necessary permits or certifications,

                                            B. Planning Approach

  I                                      ~~~~~~~~~~~~In the early planning processes of developing a conceptual master
                                            plan for a development, either commerical or residential, careful
                                            consideration should be given to freshwater wetlands. In developing
                                            the master plan, the three considerations discussed below must be
                                            employed it a project is to proceed in an orderly and timely manner.

   *                                        ~~~~~~~~~~~~1. Avoidance
                                               In developing a layout for a parcel or tract of land containing
                                               freshwater wetlands every effort should be made to avoid
   I                                      ~    ~~~~~~~~~~~~encroachments into these areas. A well planned development can
                                               capitalize on the presence of the wetlands by utilizing them in their
                                               natural state for storm water management, or as open space, green
                                               areas or natural areas. Wetlands can be a selling point for the
                                               development from both an aesthetic and an environmental view-
                                               point. While specific data is not available the general public are
                                               much more environmentally conscious than ever before. Thus,
                                               avoiding wetlands can enhance your development and allow the
                                               project to proceed unencumbered by the permitting process.

   P                                        ~~~~~~~~~~~~~~2. Minimization
                                               If the wetlands located on the tract cannot be avoided, then every
                                               effort must be made to minimize encroachments into these areas.
   I                                      ~    ~~~~~~~~~~~~Early planning is always the key to minimizing impacts on the
                                               aquatic resource. The wetlands can be used for storm water
                                               management in eithertheir natural state, as mentioned above, or by
   I                                      ~    ~~~~~~~~~~~~~excavating a portion of the wetlands to increase the volume needed
                                               for retention. Minimization can be attained in a number of fashions
                                               but is generally considered to have occurred when the discharges
   I                                      ~    ~~~~~~~~~~~~are held to the minimum necessary to achieve a project purpose.
                                               Examples of minimization include but are not limited to:
                                                 a. obtaining access to the property through wetlands only when
    I                                        ~    ~~~~~~~~~~~~~no highland access is available,
                                                 b. bridging all or a portion of the wetlands,
                                                 c. providing steeper side slopes for access fills,
   I                                        ~    ~~~~~~~~~~~~~d. providing a single access rather than multiple accesses,
                                                 e. confining the development to the highland areas with only
                                                 minor encroachments to shape the land.

  I                                      ~~~~~~~~~~Minimization  of project encroachments  into wetlands can
                                            significantly shorten the time required to obtain authorization for the
                                            project under nationwide permit #26 or under an individual permit.

                                            3. Compensation
  r                                ~~~~~~~~~~~Compensation for wetlands impacted by a project should be a
                                            consideration for developers from the early steps of planning even
                                            though it is not always required. If the project encroachments are

I                              ~~~~~~~~~49






                                             necessary to fulfill the intent of the project, the project is water
                                             dependent, and no other alternative sites or methods are available that
                                             would have lesser impacts on the aquatic resource, compensation
                                             may not be required. However, when encroachments cause impacts
                                             on wetlands beyond those absolutely necessary to accomplish the
  I                                     ~     ~~~~~~~~~~~~~intent of the project, compensation will be required to offset the losses
                                             resulting from those encroachments. Compensation can take many
                                             forms. Some forms of compensation are as follows:
                                                  a. creation of vegetated wetlands. This is not always accom-
                                                  plished on a I1:1 ratio. In some instances the ratio can vary from
                                                  the 1:1 to as much as 5:1. That is to say 5 acres for every acre
    *                                           ~~~~~~~~~~~~~~impacted by the project.
                                                  b. restoration and/or enhancement of significantly impaired
                                                  wetlands.
                                                  c. dedication of lands to an appropriate entity with provisions that
                                                  require them to be preserved in their natural state in perpetuity.
                                             A willingness to compensate for wetland impacts does not necessarily
  I                                     ~    ~~~~~~~~~~~~mean that a permit will be granted. First and foremost, a project must
                                             be found to be consistent with the 404(b)(1 ) Guidelines. In addition, a
                                             project must be determined to be "not contrary to the public interest".
  I                                     ~     ~~~~~~~~~~~~To reach these conclusions all efforts must have been made to avoid
                                             and/or minimize wetland encroachment/alterations. Compensation
                                             may be used to tip the public interest scales to the positive side and
  I                                     ~     ~~~~~~~~~~~may also be used to influence a finding of compliance with the
                                             404(b)(1 ) Guidelines.















p~~~~~~~~~5



I

I
I

I
I                         APPENDIX A
I
I
I
p
I
I
I
I
I
I


I






    I                       ~~~~REQUEST FOR WETLANDS DETERMINATION



                                     DATE:


    COUNTY:                                                TOTAL ACREAGE OF TRACT:

I   PROJECT NAME (if applicable):

IPROPERTY OWNER (name, address and phone):








INAME OF AGENT, ENGINEER, DEVELOPER (if applicable):








    STATUS OF PROJECT (check one):

P ) ~~On-going site work for development purposes
          Development in planning stages
          (Type of development:
*     ( ) ~No specific development planned at present

I  ADDITIONAL INFORMATION REQUIRED:
      Check items submitted - forward as much information as is available. At a minimum, the following first two
    items must be forwarded.

        ()Accurate location map (from County map, USGS quad sheet, etc.)
          Survey Plant of property in question
          Aerial photograph (from County Assessors Off ice, or other source; property boundaries shown on the
*         ~~~photo would be most helpful)
          Topographic survey
* ( )~Conceptual site plan for overall development




         I                                      ~~~~~~~~~~~~Signature of Property Owner or Authorized Agent









      *                           ~~~~~~~~~A-i






                    SOUTH CAROLINA WATER RESOURCES COMMISSION



                                          PERMIT APPLICATION
                                                    for
                                CONSTRUCTION IN NAVIGABLE WATERS



1. Applicant                                                Authorized Agent

  Name:                                                     Name:

  Address:                                                  Address:




  Telephone:                                                Telephone:



  2. Location where proposed activity exists or will occur.

  County:

  Nearest City or Town:

  Nearest Street or Road:

  Name of Waterbody:

  One set of original drawings which show the location and character of the proposed activity must be attached to this
  application (see sample drawings and instructions).



  3.
 A. Describe the proposed activity, its purpose and intended use, including a description of the type of structures,
     and the type, composition and quantity (cubic yards) of materials to be deposited or excavated and means of
     conveyance.


















                                A-2






        B. If the proposed activity involves a water or wastewater project, please provide the applicable information
           requested below:

          1. If the proposed activity is a water withdrawal structure, provide the maximum capacity of the intake
             structure and the location~s) where the water will be distributed and discharged.






          2. If the proposed activity is a wastewater discharge structure, provide the daily discharge rate and the
             location~s) of the source of the wastewater, and the original source(s) of water withdrawal.






I        ~~~3. If the proposed activity is a water or sewer line crossing a stream, provide the location~s) of the original
             source(s) and ultimate discharge~s) of the water or wastewater




          4. Proposed Use (circle one)

                                Private      Public       Commercial         Other (Explain in remarks)






          5. Name and mailing address of adjoining property owners whose property also adjoins the waterway.
I         ~    ~~Applications submitted without the addresses of adjoining property owners will be returned as incomplete.






I        ~~~6. Certification of publication or intent to publish notice of the proposed activity in a newspaper of general
             circulation in the county where the encroachment is sought must be attached to this application. Certification
              may be an affidavit of publication, dated newspaper clippings, or copy of an invoice from the newspaper
I           ~~~showing intent to publish. See the attached "Certification of Publication" Statement for more information on
             this requirement.










       *                              ~~~~~~~~A-3






7. Evidence of ownership or the consent of the owner of the adjacent highland on which any part of the
    projected activity will be located must accompany this application. The attached form entitled (Affidavit of
    Ownership or Control" is to be used for this purpose. The affidavit is to be completed, notarized and returned
    as a part of this application.







8. Date activity is proposed to begin:

    Date activity is expected to be completed:







 9.Is any portion of the activity for which authorization is sought now complete?  Yes __    No __   If
    answer is "Yes" give reasons in the remarks section. Month and year the activity was completed:
                                      ï¿½ Indicate the existing work on the drawings.







10. List all approvals or certifications required by other Federal, interstate, state, or local agencies for any
    structures, construction, discharges, deposits or other activities described in this application.

    Issuing Agency   Type of Approval   Identification Number   Date of Application   Date of Approval







 11. Has any agency denied approval for the activity described herein or for any activity directly related to the
    activity described herein? Yes __ No - (If "Yes explain in remarks)






12. Remarks:













                             A-4





1  ~     ~ 13. Permits authorizing structures in navigable waters are generally issued for ten (1 0) years and are
            renewable, Construction of authorized structures must generally be completed within three (3) years of
            the date of permit issuance. Applicants requesting longer term permits must indicate the requested term and
 I.       ~ ~~justification below.
 *         ~~~Requested term:                  Justification: (Attach additional)

             Structure    -years
             Construction    -years






        1 4. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I
 I        ~    ~~am familiar with the information contained in the application, and that to the best of my knowledge and belief
             such information is true, complete, and accurate. I further certify that I possess the authority to undertake the
 *          ~~~proposed activity.







         I                                   ~~~~~~~~~~~~Signature of Applicant or Authorized Agent  Date






         Return completed application and all attachments to:
            Permit Administrator
            Surface Water Division
            South Carolina Water Resources Commission
            1 201 Main Street
            Suite I1100
 I       ~    ~~Columbia, South Carolina 29201
            Phone: (803) 737-0800
















       *                             ~~~~~~~~A-5












                   I  ____________                                                    __________________________~~~~~~74






~~~~~~Li                        E





                                  _ _ _   _ _ _ _ _ _                            J                  _  _ _  _ _  _ _~~Emons







                                                S         H                ('~~4 I                    -r


                                                                             LE.



                           -vof2FT- -M~e  -;-- 



     I                                                        I                'II~~~~~A-






                            AFFIDAVIT OF OWNERSHIP OR CONTROL

TO THE SOUTH CAROLINA WATER RESOURCES COMMISSION:

(1) [THIS PARAGRAPH SHALL BE COMPLETED BYTHE RECORD OWNER] I hereby swear (or affirm) that l am the
record owner of the highland property shown in the attached permit application situated in
                                  County, South Carolina; and that said property is all of the property that is
contiguous to and landward of the area in which the work proposed in the permit application is to be conducted.
Furthermore, I swear (or affirm) that as record owner I have the necessary approval or permission from all other
persons with a legal interest in said property to conduct the work proposed in the permit application.
STATE THE NAME AND ADDRESS OF ALL OTHER PERSONS WITH A LEGAL INTEREST IN SAID PROPERTY:









(2) [THIS PARAGRAPH ISTO BE COMPLETED ONLY IFTHE PERMIT APPLICANT IS NOT THE SAME PERSON AS
THE RECORD OWNER]  I hereby swear (or affirm) that the applicant,
for the permit which is the subject of the attached permit application has been given the necessary approval and
permission from me to conduct the work proposed in the permit application.

(3) [THIS PARAGRAPH TO BE COMPLETED IFTHE PERMITAPPLICANT ISA RECORD EASEMENT HOLDER] As
the record easement holder I hereby swear (or affirm) that I am the record easement holder of the highland property
shown in the attached permit application situated in
County, South Carolina; and that said property is all of the property that is contiguous to and landward of the area in
which the work proposed in the permit application is to be conducted, and the easement is sufficient to authorize the
work proposed in the permit application. The easement relied upon was granted to me by (name of grantor)
                                                   on (date)                                          , and the
easement is recorded in the office of the Clerk of Court or Register of Mesne Conveyance for the County of in Book
           , at Page

T his Affidavit applies only to highland and does not apply to any area below mean high water in tidelands or ordinary
high water in non-tidal waters.

                                                                    Affiant's Signature

                                                                          Date

Sworn to and subscribed before me at

                             County,

this    dayof          ,       19

Notary Public
My Commission expires:








                                A-7





      I                                 ~~~~~~~~CERTIFICATION OF PUBLICATION

 PROOF OF PUBLICATION OF A DESCRIPTION OF THE APPLICATION  IN A NEWSPAPER OF GENERAL
    CIRCULATION IN THE COUNTY WHERE THE ENCROACHMENT IS SOUGHT AT LEAST ONCE IN EACH OF TWO
    CONSECUTIVE WEEKS IS REQUIRED TO BE FURNISHED BY ALL STATE PERMIT APPLICANTS. FAILURE TO
IPROVIDE PROOF OF PUBLICATION WILL RESULT IN AUTOMATIC OBJECTION TO THE PERMIT. PROOF OF
    PUBLICATION MUST BE FORWARDED TO THE SOUTH CAROLINA WATER RESOURCES COMMISSION EITHER
    IN THE FORM OF DATED NEWSPAPER CLIPPINGS OR BY AN AFFIDAVIT OF PUBLICATION FROM THE
INEWSPAPER BEFORE FINAL PERMIT APPROVAL CAN BE GRANTED.



    *                         ~~~~~~~~~The newspaper publication should be in the following form:


        *                                        ~~~~~~~~~~PUBLIC NOTICE

                 (Applicant) has applied to the State of South Carolina for a permit to (brief description of
I             ~    ~~~~work) for (public/private) use, at/in (location & name of waterway). Comments will be
                 received by the South Carolina Water Resources Commission, 1 201 Main Street, Suite
                 1 100, Columbia, S.C. 29201 any time prior to the time the review of the application is
I             ~    ~~~~complete, but in any event, comments will be received by the Commission until (45 days
                 after the date of publication of this notice*). Persons who may wish to be notified of the
                 initial permit decision by the State of South Carolina must comment on the application,
I             ~    ~~~~make a request to receive notice of the permit decision and must provide the commission
                 with the correct name and address for mailing. Persons who may wish to appeal the
                 decision on this permit application must submit comments within the time limits indicated
p             ~    ~~~~in this notice. Interested parties may obtain further information from the Commission.

*~~~~~~ *Insert the specific date here.


                 If the project is located in Horry, Georgetown, Charleston, Berkeley, Dorchester, Colleton,
                 Beaufort or Jasper County, and also requires a Federal permit from the U. S. Army, Corps
                 of Engineers or the U. S. Coast Guard, the following form should be used instead:

I               ~~~~~(Applicant) has applied to the State of South Carolina for a permit to (brief description of
                 work) for (public/private) use, at/ in (location & name of waterway). Comments will be
















     *                              ~~~~~~~~~A-8





I               ~~~~received by the South Carolina Water Resources Commission, 1 201 Main Street, Suite
                1 1 00, Columbia, S.C. 29201 any time prior to the time the review of the application is
                complete, but in any event, comments will be received by the Commission until (45 days
                after the date of publication of this notice*). Persons who may wish to be notified of the
                initial permit decision by the State of South Carolina must comment on the application,
                make a request to receive notice of the permit decision and must provide the commission
I             ~    ~~~with the correct name and address for mailing. Persons who may wish to appeal the
                decision on this permit application must submit comments within the time limits indicated
                in this notice. Interested parties may obtain further information from the Commission. The
                South Carolina Coastal Council also invites public comment on its review of this
                application for Federal consistency certification. Information concerning this certification
                is available for inspection at and comments should be submitted to: S. C. Coastal Council,
I             ~     ~~~Office of Coastal Planning, Ashley Corporate Center, 4280 Place North, Suite 300,
                Charleston, South Carolina 29405.* Insert specific date here.




















     I~~~~~~~~~-


















                                                                                                  (Date)


  I   U.S. Army Corps of Engineers
      Post Office Box 919
      Charleston, South Carolina 29402-091 9

 I   Gentlemen:

         This is to certify that the work subject to the jurisdiction of the U.S. Army Corps of Engineers as described in my
      application dated                                                    is, to the best of my knowledge, consistent with
      the South Carolina Coastal Zone Management Program.

3      ~~Since my project is located in the Coastal Zone of South Carolina, I understand that the Corps of Engineers must
      provide this statement to the South Carolina Coastal Council for its review and that a Department of the Army permit will
 P   not be issued until the Coastal Council concurs with my findings. I also understand that additional information
      concerning my project may be required by the South Carolina Coastal Council to facilitate its review of my project and
      that additional certifications may be required for other Federal and State authorizations.



                      *                                                                     ~~~~~~~~~~~~~~~~~~~(Name)


                    *                                                                  ~~~~~~~~~~~~~~~~~~~~~~(Street Address)


                     *                                                                   ~~~~~~~~~~~~~~~~~~~~~~~~(City &State)















                                        A-10















                     APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT                                               0MB APPRO VAL NO. 0702-0036
                                                    (33 CFR 325j                                                Expires 30 June 1 989

            The Department of the Army permit program is authorized by Section 10 of the River and Harbor Act of 1899, Section 404 of the
            Clean Water Act and Section 103 of the Marino, Protection. Research and Sanctuaries Act. These laws require permits authonizing
            activities in or affecting navigable waters of the United States, the discharge of dredged or fill material into waters of the United States,
            and the tranisportation of dredged materiaJ for the purpose of dumping it into ocean waters. Information provided on this form will be
I       ~       ~~used in evaluating the application for a permit. Information in this application is made a matter of public record through issuance of a
            public notice. Disclosure of the information requested is voluntary-, however, the data requested are necessary in order to communicate
            with the applicant and to evaluate the permit application. If necessary information is not provided, the permit application cannot be
            processed nor can a permit be issued.

            One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be
            attached to this application (see sampls drowinge anid instructions) and be submiutted to the District Enigineer having jurisdiction over
            the location of the proposed activity. An application that is not completed in full will be returned.

          f. APPLICATION NUMBER (To be oaseussed bY COrPai          3. NAME, ADDRESS. ANO TITLE OF AUTHORIZED AGENT




         2. NAME AND ADDRESS OF APPLICANT                                      Telephone no. during ousinewa hours

                                                                                  A/C                                    "  Residonice)
                                                                                  A/C '                                   Office)
                                                                             Sitaterritonvo Authorization: i hsereb diasigata ansuthor,:.__________
                                                                                         1                                       ~~~~~~~~~~~~~~~to act inl "v tbuift Ss m
            Telaghone no. during business hours                                agent in the procesing of this pewmit apoilcation and to furneis. upon locuaat,
                                                                             supplemea iiInformation in tupport of the apolicatlon.
I         ~      ~~~A/C I    I(Resadence)                                    SIGNATURE OF APPLICANT                                     DATE
              A/Cl      I                               fOm")Ie~

   PC. DETAILED DESCRIPTION OF PROPOSED ACTIVITY
          4e. ACTIVITY












          Ab. PURPOSE












I         Cc.4r DISCHARGE OF ORE1FDOED OR PILL MATERIAL













  ,     ENG  FORM 4346, ApIX 86                                  EDITION OF APR 83 IS OBSOLETE                                    (Proponent: DAEN-CWO-NI




                                                 A-il















. .     5 NAMES ANO ACORESSES OF AOJOINING PROPERTY OWNERS. LESSEES. ETC.. WHOSE PROPERTY ALSO AOJOINS THE WATERWAY














        i. WATERBOOY ANO LOCATION ON WATEREOOY WHERE ACTIVITY EXISTS OR IS PROPOSED






        7. LOCATION ON LAND WHERE ACTIVITY EXISTS OR IS PROPOSED

          ADORESS:



          STREET, ROAOD ROUTE OR OTHER DESCRIPTIVE LOCATION



          COUNTY                         STATE                         ZIP CODE



          LOCAL GOVERNING BOOY WITH JURISOICTION OVER SITE

        8. II iy ortlOfn t ohf he aivity for which authOrlZStIon is sOught now comolftl t  YES       r      NO
          It ï¿½nnwrr ia Ye" give reeson. month and V   the ac'tvtvy we comiletem. IIdnhttle the eheiIfng wOI on t  drawinllg





        9. Lit all aoorovIl Or Cllertllcationd denals recelved from Other fedeWeI, interstatr. tnte or local geenciue for any structure, contructllon.
          dincmlrgl or othr o actlIvIes adeerlbed In this doollaetlOn.

            ISSUING AGENCY    TYPE APPROVAL    IOENTIFICATION NO.    DATE OF APPLICATION    DATE OF APPROVAL    DATE OF DENIAL












        10. Aollcatlon is haerO  mad tfor ï¿½ oermit Or Drmnit to authorize the ctivities decribed heren. I  rtify that I am familiar with the intormatlon contained n
           this ADOllcaton. ana that to the best t my knowledge end belief such informatlon Is true, comolta. end accurate. I further certify that I possm the
           authority to unmerk th p ooosdl citivltie or I am 4cting Is the duly authorizeld agent of the ï¿½ollcent.







            SIGNATURE OF APPLICANT                              DATE                           SIGNATURE OF AGENT                         OATE


           The application must be signed by the person who desires to undertake the proposed acthuity (applicant) or it may be signed by a duly
           authorized agent if the statement in Block 3 has been riled out and signed.

           18 U.S.C. Seetion 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of The United States
           knowingly and willfully fifies, conceals. or covers up by any trick, scheme, or device a material fact or markes ny false, fictitious or
           raudulent statements or representations or makes or uses any false writing or document knowing some to contain any  ble fictious or
           fraudulent statement or entry, shall be rmed not more than $10,000 or imprisoned not more than five years, or both.

           Do not send a permit processing fee with this applition. The appropriate ee will be assessed when  permit is isud.








                                               A-12
















            APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT                                                     ol11Bl.APPRItM. tN. .    ('..27_.;.;
                                           ,J I ( l'H  i12 Ei;/ires 30 Juiic IJS6

    The Department of the Army permit program is authorized by Section 10 of the River and Harbor Act of 1899, Section 404 of the
    Clean Water Act and Section 103 of the Marine, Protection, Research and Sanctuaries Act  These laws require permits authorizing
    activities in or affecting navigable waters of the United States, the discharge of dredged or fill material into waters of the United States,
    and the transportation of dredged material for the purpose of dumping it into ocean waters Information provided on this form will be
    used in evaluating the application for a permit  Information ill this application is made a matter of public record through issuance of a
    public notice  Disclosure of the information requested is voluntary however, the data requested are necessary in order to communicate
    with the applicant and to evaluate the permit application If necessary Information is not provided, the permit application cannot be
    processed nor can a permit be issued

    One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be
    attached to this application (see sample draolings and instrucltmlnsi and be submitted to the District Engineer having jurisdiction over
    the location of the proposed activity An application that Is not completed in full will be returned

 1 APPLICATION NUMBER tTo he assigned bO Corpr,                          3 NAME ADDRESS. AND TITLE OF AUTHORIZED AGENT


                                                                                    None

 2. NAME AND ADDRESS OF APPLICANT                                          Telephone no during business hours

   Fred R. Harris
   852 West Branch Road
   Blue Harbor, Maryland  2170                                                AC 
                                                                  Statement of Authorzation  I hereby designate and authorize
                                                                                                                    to act in my behalf as my
   Teleohone no during business hours                                    agent in the processing of this prmit application and to furnish, upon request.
                                                                   supplemental information in support of the application.
     A C  301  585-2779                                                 NATURE OF APPLICANT                                           DATE
     A  C      I          ]     doA

 4 DETAI LEDO OESCRIPTION OF PROPOSED ACTIVIT                      / Y 
 4A  ACTIVITY
  Build timber bulkhead and pier and fill.  











 4b. PURPOSE

  To provide boat access and prevent erosion of shoreline at v place of residence.











 4c DISCHARGE OF DREDOGED OR FILL MATERIAL

  Approximately 200 cubic yards of upland fill will be placed between new bulkhead and
  existing shoreline.











ENG  FORM  4345, Apr 83                                    EODTION OF t OCT 77 IS OBSOLETE                                         rop  ...onent  DAEN CWO NI









                                      A-13

















5 NAMES AND ADDRESSES OF ADJOINING PROPERTY OWNERS. LESSEES, ETC, WHOSE PROPERTY ALSO ADJOINS THE WATERWAY


               Mary L. Clark                                                    Harry N. Hampton
               850 West Branch Road                                             854 West Branch Road
               Blue Harbor, Maryland  21703                                     Blue Harbor, Maryland  21703


               (301)  585-8830                                                  (301)  585-3676



6 WATERBODY AND LOCATION ON WATERBODY WHERE ACTIVITY EXISTS OR IS PROPOSED
  West Branch of the Haven River on Blue Harbor.




7. LOCATION ON LAND WHERE ACTIVITY EXISTS OR IS PROPOSED
  ADDRESS


  852 West Branch Road
  STREET, ROAD, ROUTE OR OTHER OESCRIPTIVPrAgTION


  King Edward,                 Maryland  )\ v    21703
  COUNTY                          STATE                          ZIP CODE


  Town of Blue Harbor
  LOCAL GOVERNING BODY WITH JURISOICTION OV?"l   i                    \TI k

8 S. I any portion of the activity for which author,2ation is soughtvcop v)         U YES           | NO
  If answer is Yesr give reason,, month and year the ac lvitv was %e,   the ai5t ng wiork on the drawings.





9. List all Dprovals or certifications and denials recaivd rom other federal,     . rt1te , Ro cal agencies for any structures, construction,
  dicharge or other activities described in this application

    ISSUING AGENCY        TYPE APPROVAL         IDENTIF CATION NO         D              TIO           DATE OF APPROVAL    DATE OF DENIAL
  Town of Blue
       Harbor                Zoning                   BH25172                    z          -               6/30/82


  Md DNR                Certification                DNR258WQ                   6/                          8/12/82






10. Application is hereby made for a permit or p.rmts to authorize the aclvit.es described herein  I certify that I am familiar with the information contained in
   this application and that to the best of my knowledge and belief such information is true. complete and accurate  I further certify that I possess the
   authority to undertake the Droposed activities or I am acting as the dulV authorized agent of the applicant





   tbas5Y'           /i/C/         _              Oct.   15,  1982
    SIGNATURE OF APPLICANT                                DATE                            SIGNATURE OF AGENT                           DATE


   The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
  authorized agent if the statement in Block 3 has been filled out and signed

   18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of The United States
   knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious or
   fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false,fictitlous or
   fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both.

   Do not send a permit processing fee with this application The appropriate fee will be assessed when a permit is issued.










                                       A-14
                                       A-14
























          -~~~~~~~~~~~~~~~~~~~~~~a.



ci'~~~~~~~~~i












                                                                                          SITE LOCATION MAP

                                                           /                   I   ~~~~~~PROPOSED ACTIVITY: STRIP MINE
                                                                         _______I    RECLAMATION FOR HOUSING DEV.

         FROM USGS JOHNS IL~AND SC QcUADRALE                                        CHARLESTO
                                                                                     APPLICANT-
                                                                                     A.V. E. CONSTRUCTION
                                                                                         "qs  A.pse.        SHEET IOF 1












           I  _ _   _                             ~~~~~~~~~~~------

                                                                         -<~~~~~~~~~~~~~~~r
                                                               MOM
                                ~~~~~~~~--0----

                                          -<U~~~~~~~~~~~~~~~~~~~~~~~~~~~~~C
                                          -<0~~~~~~~~~~~~~~~~~~~~~~~~~~~~~r











        I~~~~~~~~~~~~~c                                                                       f

         I~~~~~~~~~~~~




                              0~~~~~~~~~~~~~~~~~~~~~~~~~~~4

                            /1                     0~~~~~~~~~~~~~~

I~WTLN  MODRCTO
                         PROPOSED ACTIVITY: STRIP MIN













*         W~~ECLANDMOICATION RHOSIGDV

r      ~~COUNTY:
          CHARLESTON                                               PRDL
          APPLICANT:
          AV.E. CONSTRUCTION  SET2O 


      I                      ~~~~~~~~A-16










                          I  _________________________                                                                      _______~~~~~~~~~R   F


                                                                                   ...........
         I.                                                                                              .-4G)            a~~~~~~~~~~~~~.0
             *                                                                         ni   -~~~~~~lo
                                                     a~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~l

                                                                                                      MO~~~~~~~-
                                                                    -  ~ ~ ~ ~ ~ ~ ~  ~  .                        0~~~~~~l












                                                 e                                           ---s~~~~~~$i
I                                              ..ETLAND.ODIFICATION

                   PROPOSED ACTIVITY: STRIP MINE. 
                    RECLAMATION FO WOSIG DV





                                                        A-1 7 ~~



















                                            FOTE: BOX OUT ARCJND OVERNAONGN
                                                  TREES AND TREE ROOTS.















                                                  TIWOOCAL  BULKHAD SD







I~~~~~~~~~~~Ii














                               PROPOSED ACTIVITY: STRIP MINE~
                               RECLAMATION FOR HOUSING DEV.
                               COUNTY -
                                TCARLESTON
                               APPLICANT:
                                AYE. CONSTRUCTION
                                As4p4e 9           SHEET 4 OF 8










               A-18











 20                                 4       I             I  H                20
                                 I( I                     W9lii



         to                        ~~iI   i     So
            PROPOSED SHELF AREA ( tsrï¿½R     A
               10=1 SLOPE
                  PROPOSED
   0              \ DETENTION POND                                             0

                           SECTION A-A







       20                                                               20




        10                                                               10







          VERT. I": 100



         U                                                    H   ~~~~~~~~~~~~~~~~~~~~~~~~~404 WTAND
 WETLAND MODF1CATIONS                                        II

PROPOSED ACTIVITY: STRIP MINE                 01
 RECLAMATION FOR HOUSING DEV.
COUNTY: 
CHARLESTON                                                 -      ,L
APPLICANT:                                   o                                      o
AVE. CONSTRUCTION
                   SHEET 5A OF 8


  t       ï¿½c,,,s  l4,vi5&o                              SECTION C-C


                      A-19










                                                        404 WETLADEO     PtPTLI












                           2 0   1                                               205 ï¿½ï¿½
                                  11 0               ; \ i    s0

                                         SECTION D-D







              1S20                                                    H I":    20



                                             "k6         V            E PAoPRTr LI"E

           I~~~ N                                      - I








              ~~~PROPOSE ACI    V    TY S TI MIN
                                         SECTION E-E







                          CHAR~~~~~~~~~~~~~~~~~~~~~CLESTON '1.20
                           S~~~~f- 50 a~~~~~~~~~~~ 8                  M~~~~VRT. iil 10.



   *      I WETLAND MODI1iCATIONS

            PROPOSED ACTIVITY: STRIP MINE
             IECLAMAT1ON FOR HOUSING DEV.
            COUNTY :
             CHARLESTON
            APPLICANT:
            AY.E. CONSTRUCTION


r         ~ SAPP oI   SHEET 6 OF 8


                             A-20


















             ï¿½I~-~ '_ _  ~OFICIAL'' -                                               ' --   
I.

















                 ~fi \      !;~f~-            - .



                  11'                        -" .'1'     "ï¿½,,--/~~''







                                                              approx. scale  1"=480':to

             SOURCE: CITY OF CHARLESTON
                     OFFICIAL ZONING GRID NAPS                      latitude approximately  32ï¿½47'00"
             PREPARED BY:  ALSTER-AYRES & ASSOCIATES, INC.            longitude approximately 79057'30"

             JURISDICTION: CITY OF CHARLESTON
                                                                   PRDPOSED:  LOCATION MAP
             PURPOSE:  RESEARCH PARK                     I:
             DAt'M:                                                       AT:

             ADJACE.'T PROPERTY OWNERS:                                    CHARLESTON      COUNTY:  SC
             1.                                                            APPLICATION BY:  CHARLESTON
                 SEE ATTACHMENT BLOCK 5                                   RESEARCH PARK ASSOC. & S.C.
             2.                                                            RESEARCH AUTHORITY
                                                                    SEETL   /  OF  (, DATE:9117/87










                                A-21













           LEGEND
        ,::."':-   :  saltwater wetlands
                    freshwater wetlands                              shraton
                    mansize riprap with filter fabric                sheraton charleston hotel 2
                -   approximate spring high tide elev.+6.75
              .--.   mean high water line elev. +2.6
                                                                           30' drainage
                    mean low water line elev. -2.6 (not shown)               (    easement
                    permit item number                 __sem                  e7
                property line                             
             ph.  phase                                  p.
        -- -  -storm drainage pipe\                   . t                                            ,
             brittlebank park~        \  

        35' drainage easement_ \ /
          ".' \ DSDEN CREEK                           "/



I I   "    ï¿½f~j :T~ï¿½.                   C








                                                      t'                      scale 1 '= 166'+
               .' "~' '   "     "                            TRACT 1
              S.C. COASTAL COUNCIL
              CRITICAL LINE (typical)

                      h.b. limehouse-3


                                                                 PROPOSED: MASTER PLAN
      PURPosE: RESEARCH PARK                                          I:

      DATUM: M.S.L.                                                   A:

      ADJACET PROPERTY C'ERS:                                         CHARLESTON        COIM ": SC
                                                                  APPLICATION BY:  CHARLESTON
          SEE ATTACHMENT BLOCK 5                                      RESEARCH PARK ASSOC. & S.C.
      2.       AND PLAN ABOVE                                         RESEARCH AUTHORITY
                                                                 sEET  . 2  OF  1  DATIE:9117/87







                            A-22
















              ~ '\.mjnhigh  watpnghihIe Cpr~x






                                                   existing edge of wetlands A (0.338 acre) 






                                           .0 proposed fill material



*~~~PLAN

                      scale 1"=-100'










                                       existing edge of wetlands A -                    ground surface




                                     I    cooo0ooooooo0ooOC 0-                 proposed fill material
                         subgrade->          O~~0000o9                          average V' depth minimum
                               subgrade            000  ~~~~~~~~               545 cubic yards minimum


I            ~~SECTION__ _ _ _ _ _                                 ____

                           no scale                                  #P    ROPOSED-FILLING OF WETLAND

           PUR.POSE: RESEARCH PARK                               n

           DAI".': M.S.L.AT

          AD-JACL-T PROPERTY c'NtRS:                                        CHALESTON        COL~NTY:  Sc
           1.                                                               APPLICATION BY:  CWALESTON
               SEE ATTACHMENT BLOCK 5                                       RESEARCH PARK ASSOC. & S-C.
           2.                                                                RESEARCH AUTHORITY
               I                                                         ~    ~~~~~~~~~~~~~~~SiEME   3  OF jp  IDATE:9/17/87






     U                           ~~~~~ ~~~A-23-












                            wooden pedestrian bridge-          saltwater wetlands
                            40' approximate length
       parking garage       15' maximum width


              /z.'.[ '5. ':.' gadsedn c'reek    "        ,J-. ', "'.: ",'   3Q' drainage eiasementi c    ' 8  A,.


               > . ;:: ... l8*. storm dranage pi            ramp         mean high water-
                                      ..,.,,".' ....... wal-  pedestrian wak

    f ~ ;K,.(schematic location)                                private industry lab

                       /.-,'"... !;'/,/ TRACT 2 /                "'.'.NOTE:
                  J ï¿½J  TRACT . /                              * parking garage overhangs the
       i.;:'- - s;-_                                             critical line by 1 1/2 - 2' from
            / -  MUSC lab                                         thebottom of the second
A; ,,z-t                                                           floor up
                  NOTE: see +#5 for ri-rap                     * the first floor does not
                                                               intrude            scale
   - S.C. COASTAL COUNCIL CRITICAL LINE                                     PLAN   1:50'_


  t- 1 12-2' la18" storm drainage pipe (suspended)
    building over                                                                handrai
      critical ine              wooden pedestrian bridge  
i15,  1                  /40' approximate length  ramp
(first floor)        

  parking garage   :                                  -  -  -
            subgrad~ .~   -30 drainage easement -                                  spring

              g             r ' ~ ~*-....  mean high water ........   .. .Ihigh tide
                                              a_ adsdon creek . (approx.)

                                                  I

                      S.C. COASTAL COUNCIL CRITICAL LINE
                                                              NOTE: see +5 for rip-rap
SECTION/ELEVATION    no scale

                                                      #2  PROPOSED: PEDESTRIAN BRIDGE
 PLPUOSE: RESEARCH PARK                                   and                 AND PIPE

 DATUM: M.S.L'                                           #4  PROPOSED: BUILDING OVER
                                                                       CRITICAL LINE
 ADJACENT PROPERrY OWNERS:             IN:  GADSDEN CREEK    CHARLESTON        COUNTY:  SC
      2 SEE ATTACHMENT BLOCK           AT: ASHLEY RIVER        APPLICATION BY:  CHARLESTON
 2.                                                            RESEARCH PARK ASSOC. & S.C.
                                                            RESEARCH AUTHORITY
                                                            SaZET  4 OF 6  DATE:9117/87






                       A-24
















           35drana~~~~S .C COASTAL COUNCL CRIiAL<  LINE;
                   high rap 100  SF  rninkm-n)~~~~~~~~~~.
         Water: k                            s       r       n               id (apo.)


                    (typ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~*otu~yr.                                 U~e



        SS'~~ mr-anholea:()  8sordrnaepes-. \ tom  let


                   sal~~~~~~~~~~~~~~~~~~~~~~~~~~~~~at water            marshr


  U                ~~~~~~~~~~~~~headwa
                     TR~~~~~ACT' 
                                                    ~ .7~                           -

                                                                 COATLCOEdZ
              '-    r-rp                        adinlIma~..A.Tï¿½                        atet>o

                                    ~~~~~~~71 ~ ~ ~ ~     ~       ~      ~     ~      MS lvr  ab~t



I        no sc~~~~~~~~~~~alle            20o scal
                                     ~~~~~~#                         pSD    ICARGmO

         PL7~~~~ ~ ~trmOE  REERHPRH:GSE   RE
         DA2X: M.S.L.                                          ahol  Astorm RIERt
 3~~~~~~~~~~~~~a  ADJCL   PRoErmY dranaeR  pipResON                              CUT:S
    PLA
                         sc~~~~~~~~~~~~aPeICATION BYOT: se#foad' prpwhtnteciicHal neSO

                        SEE ATTACHMENT BLOCK 8                    RESEARCH PARK ASSOC. &a S.C.morta
        2.nRESEARCH AUHRT
     I~~~~~~~~~~~~~~~~~~~~~~~%*Qtpo                                                        o
                                headwal l ~ ~     ~     ~     ~     E   6L 3F.3AT:9178


                             Pes-are


















                                 mean high water SI. 2.6

            5,         ~~~S.C0. COASTALE CONCIL CITIA  LInE





                          5.C.COSTLCOUN.QI'I CRITICAL LINE        RCZ









           I                      TRACT  1             width va~~~Ries






~~~~~~rp-a gadsden creek i
                              35' drainage easement 






                    Lfilter fabrcl
                      S.C. COASTAL COUNCIL CRITICAL LINE-

I            ~~~NOTE: 0 spring high tide floods the entire property shown here
                   0the banks of the drainage easement on tract 2 will be
                    treated In the same fashion
       SECTION

                         no  scale *4~~~~5 PROPOSED: RIP-RAP

       PURPOSE: RESEARCH PARK                                    13: GADSDEN CREEK

       DATUM: M.S.L. AT: ASHLEY RIVER

       ADJACENT PROPERTY OWsNERS:                                CHARLESTON      COUNTY:  SC
       1.                                                        APPLICATION BY:  CHARLESTON
           SEE ATTACKMENT BLOCK 5                                RESEARCH PARK ASSOC. &S.C.
       2.                                                        RESEARCH AUTHORITY


                                                        SIZE? (,p or (> DATE:I/1 7 / a7





                         A-26




I



I

I

I

I

I

I

I
I
1

I

I

I

I                                                                                  PROPOSED:
             PURPOSE:
                                                                               IN:
I            DATUM:
                                                                              AT:
             ADJACENT PROPERTY OWNERS:
I            1.                                                                                       COUNTY:   SC
             2.                                                                    APPLICATION BY:
I SHEET                                                                                        OF      DATE:



I                                        A-27













              General  Information                                to simplify locating the site from both the
                                                                  waterbody and from land. Identify the
              Three types of drawings-Vicinity, Plan, and         source of the map or chart from which the
              E~evation-are required to accurately depict         vicinity map was taken and, if not already
              activities (See sample drawings on pages 16         shown, add the following:
                ad17).                                            71location of activity site (draw an arrow
              Submit one original, or good quality copy, of           showing the exact location of the site on
              all drawings on 8ï¿½/  x I11 inch white paper             the map).
              (tracing cloth or film may be used). Submit         iilatitude, longitude, river mile, if known,
                tefewest number of sheets necessary to                and/or other information that coincides
              adequately show the proposed activity.                  with Block 6 on the application form.
              Drawings should be prepared in accordance               naeowtrbdadthnmefte
I          ~     ~~~with the general format of the samples, na        e    o    wtrbdadthnmefte
              using block stye lettering. Each page                   larger creek, river, bay, etc., that the
              should have a title block. See check list               waterbody is immediately tributary to.
              below. Drawings do not have to be prepared          I- names, descriptions and location of
I          ~     ~~~by an engineer, but professional assistance        landmarks.
              may become necessary if the project is         E     l  name of all applicable political (county,
              large or complex.                                       parish, borough, town, city, etc.) juris-
I          ~     ~~~Leave a 1 -inch margin at the top edge of          dictions.
              each sheet for purposes of reproduction and          F- name of and distance to nearest town,
              binding.                                                community, or other identifying loca-
              In the title block of each sheet of drawings            tions.
              identify the proposed activity and include        -     names or numbers of all roads in the
              the name of the body of water; river mile (if           vicinity of the site.
              applicable); name of county and state; name          7  north arrow.
              of applicant-, number of the sheet and total sae
              number of sheets in set: and date the draw-             sae
              ing was prepared.                                    Plan View
             Since drawings must be reproduced, use
              heavy dark lines. Color shading cannot be           The plan view shows the proposed activity
             used: however, dot shading, hatching, or             as if you were looking straight down on it
I          ~    ~~~similar graphic symbols may be used to          from above. Your plan view should clearly
             clarify line drawings.                               show the following:
                                                                    IName of waterbody (river, creek, lake,
             Vicinity Map                                            wetland, etc.) and river mile (if known) at
             The vicinity map you provide will be printed            location of aciiy.
             in any public notice that is issued and used         E  Existing shorelines.
I          ~    ~~~by the Corps of Engineers and other review-     F7  Mean high and mean low water lines
             ing agencies to locate the site of the pro-             and maximum (spring) high tide line in
             posed activity. You may use an existing                 tidal areas.
             road map or U.S. Geological Survey                   IOrdinary high water line and ordinary
             topographic map (scale 1:24,000) as the                 low water line it the proposed activity is
             vicinity map. Please include sufficient details         located on a non-tidal waterbody.







                                       A-28














               E  Average water depths around the                E  Water depth at waterward face of pro-
                  activity.                                         posed activity or, if dredging is pro-
               *  Dimensions of the activity and distance            posed, dredging and estimated disposal
                  it extends from the high water line into          grades.
I              ~    ~~~~the water.                               LI Dimensions from mean high water line
               F1 Distances to nearby Federal projects, if           (in tidal waters) for proposed fill or float,
                  applicable,                                       or high tide line for pile supported plat-
                            *    Disance    etwee  propsed ativit andform. Describe any structures to be built
                navDigatincannel bewheren aprplidctiiyabl     e     on the platform.
                navigation ofsrchannes, wher  anylicale         F1 Cross section of excavation or fill,
                nLoavigable struteres, immedatey, adacnt            including approximate side slopes.
K                ~~~~~to the proposed activity.       Grpiornmiclsae
               LI Location of any wetlands (marshes,        E    l  Principal dimensions of the activity.
                  swamps, tidal flats, etc.)                     Notes on Drawings*
                           El North arrow. O~~~L  Names of adjacent property owners who
               LI Scale.                                             may be affected. Complete names and
               LI If dredged material is involved, you must          addresses should be shown in Block 5
H                ~~~~~describe the type of material, number of       on ENG Form 4345.
                  cubic yards, method of handling, and           F, Legal property description: Number,
                  the location of fill and spoil disposal            name of subdivision, block and lot
                  area. The drawing should show pro-                 number. Section, Township and Range
                  posed retention levees, weirs, and/or             (if applicable) from plot, deed or tax
                  other means for retaining hydraulically           assessment.
I              ~    ~~~~placed materials.                        LI Photographs of the site of the proposed
               El  Mark the drawing to indicate previously           activity are not required; however, pic-
                  completed portions of the activity.               tures are helpful and may be submitted
~~~~~Eeaion                                                             ado as part of any application.
               Cross Section View
I             ~~~~The elevation and/or cross section view is a
               scale drawing that shows the side, front, or
               rear of the proposed activity. If a section
I           ~    ~~~view is shown, it represents the proposed
               structure as it would appear if cut internally
               for display. Your elevation should clearly
*             ~~~~show the following:
               LI Water elevations as shown in the plan
                  view.



                'Drawings should be as clear and simple as possi~e (i~e., not too "busy").






                                     A-29











                   CORPS OF ENGINEERS - CHARLESTON DISTRICT
                   NATIONWIDE PERMIT #26 NOTIFICATION FORM


APPLICANT INFORMATION:

    Name:

 Address:




 Point of Contact (if applicant is a company):

 Phone (during normal working hours):


SITE INFORMATION:

   Waterway name:

 Location of planned work (attach location map):

  in or near Town/City of

                             County, South Carolina.


PROJECT INFORMATION:

 (Attach drawings or sketches, as appropriate, to aid in describing the work)

 Description and specific purpose of the proposed work:








 Area of waters and/or wetlands (in square feet, acres, etc.) which would be
lost or substantially adversely modified as a result of the work:





ADDITIONAL INFORMATION:










SIGNATURE OF APPLICANT OR AUTHORIZED AGENT:










                      A-30











                    CORPS OF ENGINEERS - CHARLESTON DISTRICT
                    NATIONWIDE PERMIT #26 NOTIFICATION FORM


APPLICANT INFORKATION:

    Name:         G 

 Addrcss   2   No 0n~tro \    \x-net


 Point of Concact (if applicant  is a company):

 Phone (during normal working hours):   A/C  803-                 -


SITE INFORMiTiON:

   Wacerwa- name: SL.c.A.r7 P m           - _X  bO         on bt"q pxrA h_ c,,

 Location of planned work (attach location map):

  in or near Town/City of                  C.      k-        ;

            GUcornC > 1/<. ~eCounty, South Carolina.


PROJECT INFORMATION:

 (Attach drawings or sketches, as appropriate, to aid in describing the work)

 Description and specific purpose of the proposed wqrk:   CD   At  C 6oS







 Area of waters and/or wetlands  (in square feet, acres,  etc.) which would be
lost or substantially adversely modified as a result of the work:

AD Drr M ;          c nACcl                          /  $ lcs           0 5 -4-4 3) LSL-s

ADDITIONAL INFORMLATION: -          c          ï¿½- w   -            S._ I-  

ut.s.   . a~   -, c'.                                    .   93     o

CLPProX   Ak   ;le .  s;e ;                                              l$ 



SIGNATURE OF APPLICANT OR AUTHORIZED AGENT:





                   A-31











                   CORPS OF ENGINEERS - CHARLESTON DISTRICT
                  404 APPLICATION FORM:   LESS THAN 10 ACRES


APPLICANT INFORMATION:

    Name:

 Address:



Contact Person:                                       Phone:

Project Name (if any):

SITE INFORMATION:

Waterway Name:

In or Near Town/City of:                                  County:

Wetland area proposed for fill (acreage/sqaure feet):

Amount of fill (Cubic Yards):

SUPPORTING INFORMATION (Required by 15 CFR-930.58):

The below listed information is required and must be attached to this form:

    (1) Brief narrative description of the project and the project location.

    (2) Location maps of the project site indicating the precise location.
Recommend using both USGS Topographic map and County highway map.

    (3) Plan of project on 8 1/2' X 11" paper, clearly depicting the areas of
404 jurisdiction wetlands, the areas proposed to be filled or modified, the
mitigation areas, the property and/or lot boundaries, roadways, structure
locations, location of mean high water (MHW) and mean low water (MLW), and
other revelant information.

    (4) Cross Sections through the wetlands to be filled and/or altered.

    (5) For other than single family lots a drainage and storm water
management plan must be submitted directly to the South Carolina Coastal
Council. Contact the South Carolina Coastal Council for drainage and storm
water guidelines.

    (7) Proof of publication in a local newspaper. Contact the South
Carolina Coastal Council for additional information.

    (8) For projects involving commercial and/or residential development an
overall development plan must be provided. This plan must also be on 8 1/2" X 11"
paper and identify all wetlands to be filled and/or altered. The information
contained on the drawings must be readable.




DATE                                   SIGNATURE OF APPLICANT OR AUTHORIZED AGENT




                   A-32











                  CORPS OF ENGINEERS - CHARLESTON DISTRICT
                 404 APPLICATION FORM:   LESS THAN 10 ACRES


APPLICANT INFORMATION:

   Name:    To2C  je)\D nA     C.

 Address:          ni a     oLar        G4'eeci

                       Ssunnew' \c    .c.  ;EN483~

Contact Person:      SAWv/ v    o'%c                    Phone:    -ss--  oooc

Project Name (if any):         /i a\ R'5LGo       ke

SITE INFORMATION:

Waterway Name:   W            5\A/eJe     -s            Y    k\ow- trA/cI-

In or Near Town/City of:   5ul- le;\                        County: bD e-h    es-

Wetland area proposed for fill (acreage/sqaure feet):         O *     O5

Amount of fill (Cubic Yards):        2c)0d      CoA.   ts

SUPPORTING INFORMATION (Required by 15 CFR-930.58):

The below listed information is required and must be attached to this form:

    (1) Brief narrative description of the project and the project location.

    (2) Location maps of the project site indicating the precise location.
Recommend using both USGS Topographic map and County highway map.

    (3) Plan of project on 8 1/2' X 11" paper, clearly depicting the areas of
404 jurisdiction wetlands, the areas proposed to be filled or modified, the
mitigation areas, the property and/or lot boundaries, roadways, structure
locations, location of mean high water (MHW) and mean low water (MLW), and
other revelant information.

    (4) Cross Sections through the wetlands to be filled and/or altered.

    (5) For other than single family lots a drainage and storm water
management plan must be submitted directly to the South Carolina Coastal
Council. Contact the South Carolina Coastal Council for drainage and storm
water guidelines.

    (7) Proof of publication in a local newspaper. Contact the South
Carolina Coastal Council for additional information.

    (8)  For projects involving commercial and/or residential development an
overall development plan must be provided. This plan must also be on 8 1/2" X 11"
paper and identify all wetlands to be filled and/or altered. The information
contained on the drawings must be readable.




DATE                                    SIGNATURE OF APPLICANT OR AUTHORIZED AGENT



                     A-33





                                            SITE CHARACTERISTICS



 The tract of Iland ranges in elevation from I 8'MSL to 30'MSL and has a predominate drainage ditch that generally flows
    from east to west across the site. There is an existing outfall approximately 850 feet south of the intersection of Ashley
    Phosphate and Dorchester Road that consists of double 48" diameter culverts. With the past development of the
Igeneral area, stormwater has been routed from north of Ashley Phosphate Road into this tract and thus has
    substantially increased the stormwater flow across this site. These routed flows are generally ditched into the major
    predominating feature that was previously mentioned.

I   This tact is heavily wooded with the exception of a previously cleared area of approximately 15 acres. The
    predominate growth is pine with isolated lower areas of hardwoods. This tract was timbered several years in the past
    and a relatively small area fronting along Ashley Phosphate Road was recently timbered.

I   Visual inspection of the site soils (there is an existing borrow/detention facility located contiguous to this tract along
    the south) reveal sandy soils with varying amounts of clay. The previously cleared area was also ditched and these
I   banks reveal similar soils.






















     I~~~~~~~~A3





                                                 CONCEPTUAL PLAN



*   The tract is zoned for commercial development and several users have committed to the initial phase of this
     developmennt. Plans call for a four lane connector road to loop from Dorchester Road to Ashley Phosphate Road and
     in the future to extend into the new planning areas of Ladson and the City of North Charleston. The retail portion of this
     development will front along Ashley Phosphate Road with other business and commercial uses within the loop
     roadway system.
     Due to the depth requirement of the retail use we see no alternative to the rerouting of the predominate drainage ditch
     running east to west across the site. This would require the filling of approximately 2.2 acres of designated wetland. Our
     conceptual plan calls for the protection and enhancement of 5]7 acres of other existing wetlands on this tract that we
     have been able to design around. In addition to these wetlands we propose several other management techniques to
     handle storm water. There will be approximately 1 2 acres of new detention lakes or "dry" storage areas. We also intend
     to use grass swales, rooftop detention routing, parking area storage, and piped infiltration facilties to assist in overall
Imanagement. The existing sandy soils should prove useful in the successful implementation of this alternative. There
     is also an existing detention lake (1 2.4 acres) contiguous to this tract along the south that will be available for detention.
*Included in this report is a topographic survey of this site and a wetland delineation map.





















     I~~~~~~~~~A3






We have also included a sketch of the proposed roadway alignments and the areas to be designated for detention
facilities.We are confidentthatthisoverall plan will be in accordance withthe Storm Water ManagementGuidelinesas
published by the S.C. Coastal Council.



                                              SITE INVENTORY


             Total Site                                                           1717.262 Acres

            Total Wetlands                                                             7.9 Acres

            Affected Wetlands                                                          2.2 Acres

             Protected & Enhanced Wetlands                                              5.7 Acres

             New Detention Lagoons & Dry Detention Areas                               11.5 Acres

             Existing Detention                                                        12.4 Acres
            (Contiguous)

            Total Wetland Storage & New Detention                                     18.1 Acres






































                               A-36






  I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~1












      I~~~~~~~~~~~~~~~~~~~k                        itta


I               a~~~~~~en




     I~~~~~~~~~~~~~~~~~o O ka






                   'I-
    b~~~~~~~~~~~II1' N eAP           xA.:i". *








    *             ~~~~~~~~-3









79 MEMANSALEE



                                                                               APPROX. GON
                                                                                LEVEL
                                                                          K~~~~~~~ ~~~~~~~~-- ------ ----




                                MRAMIL HIGH                                                                       (E
  > ~~~~~~~WA TER  L ISE                                                                                              TC



                                             SECTION A - A






                                LIMIrS OF "W/EflANDS"


                                                                      SPIL L WA YFROM
                                              CONMOLLED  ~~~         EXISTING I#ETLAIVD
                                        NCFAML                                                        CONTROLLED  DISCHRGE
                                         LEVEL                             MV LOW'ER DETEN77OiV ARFiE

                                 EXI~liNG  CONTROLLD  ~       ...~rJ?'ONTRLL   LEVL 









                                             SECTON 8 -a






















                      - - m - m - -- - - -~tz --  -




































-CONFIGURATION OF NEW DETENTION LAGOONS ADJACENT TO EXIS77NG WE7L4NDS' '

THE EXISTING WETLANDS ARE "DISH" IYPE WITH MODERATE SIDE SLOPES AND NORMAL
WATER LWL'S RANGING FROM 6" TO 2' IN DEPTH.                                                                                                                  P A           I W S CTtN

WHERE NEW DETNTION LAGOONS ARE CONSTRUCTED ADJACENTr TO THESE WETLANDSTE
NEW  LAGOONS  WILL  IMPE SIDE SLOPES Of .3--  WITH NORMAL DEPTHS  OF  APPROX.                                                                               0         0 0
  5.To  MAINTAIN THE CHARAcTER OF THE EXISTING WEILAND SPILLWAYS OR   OTHER                                                                                                            -~
CONTROLLED  DISCHAGE STRUCTURES WUL  BE USED TO CONNECT THE  TWOV  SysTmuS.saefe
THE NEW LAGOONS WILL AL.SO KAIV CONTROLLED DISCHARGES TO PROODE DETENTION
REQIJIREMENTS. AREA SOIL MAPS FOR THIS AREA SHOW HYTRICK SOILS AND 1WE DO NOT                                                                                  FOR3SBERG ENGINEERING
FORSEE  PROBEms  OF  MAINTAINING  THE PERCHED CONDITION  Of  THE  EXISTING                                                                                        &SURVEYING.' INC
WETLANDS.





                     CONDITIONS AND "BEST MANAGEMENT PRACTICES"
                               FOR ACTIVITIES AUTHORIZED UNDER
                         CORPS OF ENGINEERS NATIONWIDE PERMITS



The following information has been compiled from Corps of Engineers regulations found at 33 CFR 330.5(b), and 330.6
indicates the conditions and "best management practices" which must be complied with in order for a project to be
authorized under one of the nation wide permits.

CONDITIONS:
  1. The discharge of dredged or fill material will not occur in the proximity of a public water supply intake.

  2. The discharge will not occur in areas of concentrated shellfish production (unless the activity is related to
  shellfish harvesting as authorized under nationwide permit f4)

  3. The work will not jeopardize a threatened or endangered species, or destroy or adversely modify the critical
  habitat of such species.

  4. The activity will not significantly disrupt the movement of fish and other aquatic life in the affected waters (unless
  the purpose of the work is to impound water).

  5. The material used will be free of toxic pollutants in toxic amounts.

  6. The structure or fill will be properly maintained.

  7. The activity will not occur in an area which has been included as part of the National Wild and Scenic River
  System.

  8. The activity must not cause an unacceptable interference with navigation.

  9. The "best management practices" listed below will be followed to the maximum extent practicable.


BEST MANAGEMENT PRACTICES:
The following practices should be followed, to the maximum extent possible in order to minimize the adverse effects on
the aquatic environment. Failure to comply with these practices may be cause for the district engineer to recommend
to the division engineer that an individual permit be required.


  1. Discharges of dredged or fill material into waters of the United States shall be avoided or minimized through the
  use of practical alternatives.

















                                A-40






2. Discharges into spawning areas during spawning seasons shall be avoided.

3. Discharges shall not restrict or impede the movement of aquatic species indigenous to the waters or the passage
of normal or expected high flows, or cause the relocation of water (unless the primary purpose of the fill is to
impound waters).

4. If the discharge creates an impoundment of water, adverse effects on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow, shall be minimized.

5. Discharge in wetiand areas shall be avoided.

6. Heavy equipment working in wetlands shall be placed on mats.

7. Discharges into breeding areas for migratory waterfowl shall be avoided.

8. All temporary fills shall be removed in their entirely.

If you have any questions concerning any of the above, do not hesitate to contact the Charleston District Regulatory
Branch at (803) 724-4330.












































                              A-41



I

I
I

I

I                         APPENDIX B
I

I
I



I
I
I
I
I


lI
I





PLANT LIST


This list contains many of the species described in the earlier chapters of this booklet and is provided as supplemental
information.

This list contains a designation referred to as "STATUS", where a value of 1, 2 or 3 is given. The definition for this status
is as follows:


  1 - A plant that is generally found only in wetlands under natural conditions.


  2 - A plant that is usually (greater than 2/3 of the time) found in wetlands, but which may be occasionally found in
  non-wetland areas under natural conditions.

  3 - A plant that sometimes (1/3 to 2/3 of the time) occurs in wetlands, but is also commonly found in uplands.


                                                    TREES


  STATUS          COMMON NAME                                   SCIENTIFIC NAME

  1               Bald Cypress                                   Taxodium distichum
  1               Swamp Tupelo                                  Nyssa aquatica
  1               Carolina Ash                                  Fraxinus caroliniana
  1               Planer Tree                                    Planera aquatica
  1               Black Willow                                  Salix nigra
  1               Hazel Alder                                   Alnus serrulata
  1               Pond Pine                                     Pinus serotina
  1               Sweet Bay                                     Magnolia virginiana
  1               River Birch                                   Betula nigra
  1               Water Hickory                                  Carya aquatica
  2               Laurel Oak                                     Quercus laurifolia
  2               Swamp Chestnut Oak                             Quercus michauxii
  2               American Elm                                   Ulmus americana
  2               Black Gum                                      Nyssa sylvatica (biflora)
  2               Red Bay                                        Persea borbonia
  2               Loblolly Bay                                   Gordonia lasianthus
  2               Sweet Gum                                      Liquidambar styraciflua
  2               Lowland Hackberry                              Celtis laevigata
  2               Box Elder                                     Acer negundo
  2               Bitternut Hickory                              Carya cordiformis
  3               Red Maple                                     Acer rubrum
  3               Ironwood                                       Carpinus caroliniana
  3               Cottonwood                                     Populus deltoides
  3               Loblolly Pine                                  Pinus teada
  3               Longleaf Pine                                  Pinus palustris










                                  B-1






                                                SHRUBS

STATUS          COMMON NAME                                    SCIENTIFIC NAME

1               Buttonbush                                     Cephalanthus occidentalis
1               Sweetspire                                     Itea virginica
2               Fetterbush                                     Leucothoe racemosa
2               Titi                                           Cyrilla racemiflora
2               Swamp Dogwood                                  Cornus foemina
2               Gallberry                                      flex coriacea
2               Inkberry                                       flex glabra
2               Fetterbush                                      Lyonia lucida
2               Sweet Pepperbush                               Clethra alnifolia
2               Silverling                                     Baccharis halimifolia
2               Swamp Azalea                                   Rhododendron canescens
2               Elderberry                                     Sambucus canadensis
2               Dwarf Palmetto                                 Sabal minor
3               Arrow Wood                                      Viburnum dentatum
3               Wax Myrtle                                     Myrica cerifera


                                              FERNS


STATUS          COMMON NAME                                    SCIENTIFIC NAME

1               Royal Fern                                     Osmunda regalis
1               Netted Chain Fern                              Woodwardia aerolata
 1 1Virginia Chain Fern                                         Woodwardia virginica
2               Cinnamon Fern                                  Osmunda cinnamomea
2               Sensitive Fern                                 Onoclea sensibilis
3               Southern Lady Fern                             Athyrium asplenoides


                                      HERBACEOUS PLANTS

STATUS          COMMON NAME                                    SCIENTIFIC NAME

1               Bulrushes                                      Scirpus spp. *
1               Bur-reeds                                      Sparganium spp.
1               Lizard's Tail                                  Saururus cernuus
1               False Nettle                                   Boehmeria cylindrica
1               Arrowheads                                     Sagittaria spp.
1               Pitcher Plants                                 Sarracenia spp.
1-2             Sedges                                         Carex spp.
1-2             Rushes                                         Juncus spp.
1-2             Spike Rushes                                   Eleocharis spp.
1-2             Umbrella Sedges                                Cyperus spp.
1-2             Smart Weeds                                    Polygonum spp.
1-2             Yellow-eyed Grass                              Xyris spp.
2               Jack-in-the-pulpit                             Arisaema triphyllum






                               B-2






                                                  VINES


  STATUS          COMMON NAME                                  SCIENTIFIC NAME

 2               Pepper Vine                                  Ampelopsis arborea
  2-3            Cat Brier, Green Brier                        Smilax spp.
  2-3            Grape Vine                                    Vitis spp.



* ("spp." indicates numerous species)





















































                                B-3




     United States
     Department of
     Agriculture    Hyd r ic Soils
     Soil
I   ~ ~~Conservation
     iservatice    of the State of
               South Carolina
               1985
               In cooperation with the
               National Technical Committee
               for Hydric Soils














               B-4






National Technical Committee for Hydric Soils:

Keith Young, Chairman, Soil Survey Division, SCS, Washington, DC
P.R. Johnson, Soil Staff, MWNTC, SCS, Lincoln, NE
Arville Touchet, State Soil Scientist, SCS, ALexandria, LA
W.B. Parker, National Wetlands Inventory FWS, St. Petersburg, FL
Del Fanning, Dept. of Agronomy, University of Maryland, College Park, MD
W. H. Patrick, Jr., Laboratory for Wetland Soils and Sediments, Louisiana State University, Baton Rouge, LA
Carl Thomas, Ecological Sciences Division, SCS Washington, DC
Keith Schmude, Resources Inventory Division, SCS, Washington, DC
Richard Guthrie, Dept. of Agronomy and Soils, Auburn University, Auburn, AL
Bill Sipple, Environmental Protection Agency, Washington, DC
D.R. Sanders, Waterways Experiment Station, USAE, Vicksburg, MS
Dick Kover, Head, Soils Staff, WNTC, SCS, Portland, OR
Oliver Rice, Soils Staff, NNTC, SCS, Chester, PA


PROCEDURE FOR ADDING OR DELETING SOILS FROM THE LIST OF HYDRIC SOILS

If soils are on the list of hydric soils that should be removed or soil that are not on the list that should be listed, gather
supporting data to make your case and either:

  1. submit the rational and the proposed changes in the hydric soils criteria along with your supporting data to Keith
  Young, Chairman, National Technical Committee for Hydric Soils, SCS, P.O. Box 2890, Washington, DC 20013 or

  2. submit the rational and proposed changes in the SOI-5 data or definition of the soil series to the state soil scientist
  in the state that has the responsibility for the series. The state soil scientist will follow the normal SCS update
  procedures (see National Soils Handbook, section 603.1 2(c)(2).


  REVISED EDITIONS OF THE LIST OF HYDRIC SOILS


  The list of hydric soils will be updated as changes in the criteria are initiated or changes in the soil interpretations
  (SOI-5 data) or soil series are made. A revised edition will be printed as needed.


                                                   First Edition
                                                  October 1985




















                                 B-5






                                               INTRODUCTION



The list of hydric soils contains soils that are sufficiently wet under undrained conditions to support the growth and
regeneration of hydrophytic vegetation. The list includes hydric soils that are either drained or undrained; therefore, not
all areas of hydric soils support predominantly hydrophytic vegetation and thus are not wetland. In some soil series
only those phases that are ponded or are frequently flooded for long or very long duration meet the criteria for hydric
soils.

This list of hydric soils was created by computer using criteria that was developed by the National Technical
Committee for Hydric Soils and reviewed by the agencies making up the committee.The criteria are selected soil
properties that are documented in Soil Taxonomy and Soil Interpretations Records (SOI-5).

This list will have a number of agricultural and non-agricultural applications. These include assistance in land-use
planning, conservation planning, mapping, classifying and delineating wetlands, mitigation planning, and assessment
of potential wildlife habitat. This list, used in conjunction with the list of hydrophytes, is part of the procedure for
classifying wetland as described in "Classification of Wetlands and Deepwater Habitats of the United States", U. S.
Fish and Wildlife Service, December 1979.


DEFINITION OF HYDRIC SOIL

A hydric soil is a soil that in its undrained condition is saturated, flooded, or ponded long enough during the growing
season to develop anaerobic conditions that favor the growth and regeneration of hydrophytic vegetation.


CRITERIA FOR HYDRIC SOILS

1. All Histosols except Folists, or

2.Soils in Aquic suborders, Aquic subgroups, Albolls suborder, Salorthids great group, or Pell great groups of Vertisols
that are:

   a. Somewhat poorly drained and have water table less than 0.5 ft. from the surface at some time during the growing
   season, or

   b. poorly drained or very poorly drained and have either:

     (1) water table at less than 1 .0 ft. from the surface at some time during the growing season if permeability is equal
     to or greater than 6.0 in/hr in all layers within 20 inches, or

     (2) water table at less than 1.5 ft. from the surface at some time during the growing season if permeabilityis less
     than 6.0 in/hr. in any layer within 20 inches, or

3. Soils that are ponded during any part of the growing season, or

4. Soils that are frequently flooded for long duration or vary long duration during the growing season.











  *                               ~~~~~~~~B-6






                   GLOSSARY OF TERMS USED IN DEFINING HYDRIC SOILS



Anaerobic: a situation in which nolecular oxygen is absent from the environment.
Drained: a condition in which ground or surface water has been removed by artificial means.
Flooded: a condition in which the soil surface is temporality covered with flowing water from any source, such as
streams overflowing their banks, runoff from adjacent or surrounding slopes, inflow from high ties, or any combination
of sources.
Frequently Flooded: a class of flooding in which flooding in likely to occur often under usual weather conditions (more
than 50 percent chance of flooding in any year, or more than 50 items in 100 year).
Growing Season: the portion of the year when soil temperatures are above biologic zero (5 degrees C), as defined by
Soil Taxonomy. The following growing season months are assumed for each of the soil temperature regimes:
   Isohyperthermic: January-December
   Hyerthermic: February-December
   Isothermic: January-December
  Thermic: March-October
   Isomesic: January-December
   Mesic: April-October
   Frigid: June-September
  Cryic: June-August
   Pergelic: July-August
  Hydrophytic Vegetation: plant life growing in water or on a substrate that is at least periodically deficient in oxygen
  as a result of excessive water content.
  Long Duration (flooding): a duration class in which inundation for a single event ranges from 7 days to 1 month.
  Permeability: the quality of the soil that enables water to move downward through the profile, measured as the
   number of inches per hour that water moves downward through the saturated soil.
  Phase Soil: subdivision of a soul series based on features (e.g. slope, surface texture, stoniness, and thickness).
  Ponded: a condition in which water stands in a closed depression. The water is removed only by percolation,
  evaporation, or transpriation.
   Poorly Drained: water is removed from the soil so slowly that the soil is saturated periodically during the growing
  season or remains wet for long periods. SATURATED: a condition in which all voids (pores) between soil particles
  are filled with water.
  Soil Series: a group of soils having horizons similar in differentiating characteristics and arrangements in the soil
   profile, except for texture of the surface layer.
  Somewhat Poorly Drained: water is removed slowly enough that the soil is wet for significant periods during the
  growing season.
  Very Long Duration (flooding): a duration class in which inundation for a single event is greater than 1 month.
  Very Poorly Drained: water is removed from the soil so slowly that free water remains at or on the surface during
   most of the growing season.
  Water Table: the zone of saturation at the highest average depth during the wettest season. It is at least six inches
  thick and persists in the soil for more than a few weeks.









                                  B-7












                                                                         HIYDRIC SO1ILS10I
                                                                          SOO H CAROLINA                                             REVISED AUGUST 6. 19W-5

                        (I HE "HYDRIC CR I[[ERIA NUMBEIR" C0I UMN INDICATES WliAT CAUSED) fill. SOIL 10 BE INCLUDED IN THE IIYDRIC LI ST.
                         SEE THE "CRITERIA fUR IIYDRIC SOILS" W DETERMINE [HEf MEANING Of tRils COLUMN.)

                                                         IHIGH WAER"  IPERM. C          o     l      1 OIN___ HYDR I C                      CA PAB1I L.IITY
                                      I ~     ~~~~ bRA I N- I  lABI UI .IW IHI II I___                                        c:R1- I    CRITICAL    It A~SS
         SERIES AND SUBGROUP    I  [[MPLR- IAGE   I                      I 120  I  FREQuENCY    I   DURATION    I MON]HSI  TERIAJ         PHASE       I AND
                                   I   AFURE  I CLASSI DEPTHI  IMONTHS I INCHESI                  I                I        INUMBERI   CRITERIA       SbUB-
                                                                 I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~G ASS  III                 
       ARGENT (SCUU119)             I IHERMI C    I P   Ii) -l.UINOV-AVRI  <6.UI 1NONE- RAREF     I                I        I  232 JDRAINEDI  3W
         TYPIC OCHRAQUt&L[S                                                                                                         1         IIIIUNDRAINED  I  6W

 wARMENIA (SCOU87)                ITHERMIC    IP    10.5-1.511)EC-APHI  <6.0IRARE-COMMON    IBRIEF                IDEC-APRI  2B32 IRARE,OCCAS        I  3W
Go ~~TYPIC ARGIAQUOLLS            I                             II               II                                                   REQ             I6W
         60~~~~~~~~~~~~                               I        I        I       III                                                 I
       BARATARI  (SC0028)         I IHERMIC    I P    ID  -I.OINOV-APRI  <6.DINONE                I                         I 1282 JDRAINED           I  4
         AERIC HAPLAQUODS         I            I       I        I        I       I                I                I        I       IUNDRAINED      I    6W
                                   I           I       I        I        I       I                I                I        I       II
       BAYBOIRO (NCUU29)          IIHERMIC    I VP   ID  -1.UIDEC-MAY1   <6.UINONE                I                I        1  2132 1 DIA INE D       I  3W
         UMBRIC PALEAQUULTS       I            I      I        I         I      I                I                 I        I       1UNDRAINED        I 6W
                                   I           I       I        I        I       I                I                I        III
       BAYBORO, PONUED (NCU141)IIIHERMIC    I VP   1+1 -l.UIDEC-MAYI  <6.01NONE                   I                I        I  282 IALL               I  6W
         UMBIRIC PALEAQUULTS      II                            I        I      IIII                                                I

       BETHLRA (SCOU23)           ITHERMIC    I P,   1+1 -1.51DEC-APRI  <6.UINONE                 I                I        I  2B2  DRAINED           I  3W
         TYPIC PALEAQUULIS        I                                             IIIIUNDRAINED                                                         I6W

       BE[HERA, FLOODED       I     [HERMIC      P    ID  -1.51DEC-APRI  <6.UICOMMON              II3RIEF-LONG     IDEC-APRJ  2B2 10CCAS              I W
        (SCU109)                  II                   I        I        I      I                                  I                IFREQ       I       6W
         TYPIC PALEAQUULTS        II                            I        I      IIII                                                I

       BIBB (AL0033)              ITH-ERMIC      p P   10.5-1.51DEC-APRI   <6.OICOMMON            I BR I E         IDJEC-MAYI   2B2 1OCCAS            I  3W
         TYPIC FLUVAQUENTS        I            I                I       I       I                I                 I        I       IFREQ             I  5W
                                   I           I       I        I        I       I                I                I        I       I
       BLADEN (GADEID!)           ITHERMIC    I P    ID  -1.UIDEC-MAYI   <6.OINONE                I                         1  2162  UNDRAINED        I  6W
         TYPIC ALBAQUULIS         II                                            IIIIDRAINED                                                           I  3W

       BLAIDEN, PONDEI) (GA0O70) ITHERMIC        P    1+1 -I.OIDEC-MAYI   <6.OINONE               I                            282 JALL               I  5W
         TYPIC ALI3ACUULIS        II                           I        I       II                                          I       I

       BOHICIEF (SCO022)          ITHERMIC        VP   1+3 -U  IJAN-DECI  <~6.0ifREQUENI          IV.BRIEF         IJAN-DECI  2132 JALL               I8W
         TYPIC SULFAQUIENIS       II                  I        I         I      IIII

       BROOKMAN (GAU065)          ITHERMIC    I VP   ID  -1.0INOV-MAY1   <6.UINONL-COMMON    ILONG                 INOV-APRI  282 IUNRA I NED        6I
         TYPIC UMBRAQUALIS        I            I               I                IIII                                                IDRAINLD          I3W

       BYARS (SCOU36)             IIHERMIC    I VI, jIl -1.(IINDV-APRI  <6.UINDNE                 jI                        I 12132 IDRAINED             3W
         UMBRIC PALFAQUUL.TS      I            I      I         I        I      I                                  IIUNDRAINED                        I 6W
                                   I           I       I        I        I       I                II                                I
       BYARS,  FLOODED (SC0119)11HrIERMIC    IVP   ID  -11.0IJAN-DEGI  <6.UICOMMON                ILONG            IFEB-MAYI  2632 JALL               I 6W
         UMI3RIC PALEAQUUL[S      II                                     III                                                 

       CANTEY (SCOO043)           ITHERMIC    IP    ID  -1.(jIN0V-APRI  <b.01N0NL-IhAII`          I                I        I  282 IDRAINED            1  3W
         TYPIC ALBAQUULIS         I                                             IIIIUNDRAINED                                                         I  6W













                                                                            sourH CAROLINA
                                                                   HYDRIC SOILS -- CON [INUI-D                                        REVISED AUGUST 6, 1985

                       (THE "HYDRIC CRITERIA NUMLWR"' COLUMN INDICAIFFS WHAT CAJSLID filE SOIL I)10 D INCLUDED IN THE HYDRIC LIST.
                        SEE IHE "CRITERIA  WOR HIYDRIC SOILS" TO DETER(MINE. THE MEANING OF THIS COLUMN.)

                                         I       I i    ~~~~~HIGH WAFER     PERM.                 bDNG                        HYD~RiCI C_    CAKPABI[Yii
                                                DIUIA IN- I~  lAll!       W I IHII INCkI- I                                               Cli IICA     I LA A~,'
       SERIES AND SUBGROUP         TEMPER- IAGE I             I        I2U  IFREQUENCY    I   DUKAT ION    I MONIHSj  TERIAI              P'HASE     I AND
                                     IATURE  I CLASSI DEPTH JMONTHIS IINCHESI                                       I        I NUMBERI   CRITERIA      JSUB-


     CAPE FEAR (NCOU61)          ITHERMIC    I VP    I 0  -1.51DEC-APRI   <6.01NDNE-RARE         I                I        I  2132 JUNDRAINED         I  6W
       TYPIC UMBRAQUVjTS                                                                                                          IRINE I      I II 

w   CAPERS (GA00lO)              ITH-ERMIC    I VP   1+1 -1.0IJAN-DECI  <6.OIFREQUENT            iV.BRIEF         IJAN-DECI  282 (ALL                 I  8W
       TYPIC SULFAQUENTS        II                   I        I                III

     CARTECAY, PONDED            ITHERMIC    I SP   (+1 -1.51OCT-JULI   <6.OINONE                I                I        I  2A  (ALL                I  -/W
      (GAU085)                                       II                        IIII
       AQUIC UDIFLUVENTSI                            I                 I        III                                                I

     CHASTAIN (SCO(O35)    I     IIIERMIC    I P    10  -I.OINUV-MAYI  <6.UiCOMMUN         .    lV.LUNG           IDEC-APR(I  2132 I OCCAS            I  l4W
       TYPIC FLUVAQUENTS        I                                              III                                                 IRLQ              1  6W

     CI-ENNEBY, PONDED           I IIERMIC    I SP   1+1 -1.5IDEC-JUNI   <6.OINONE               I                iI  2A  (ALL                        I  '4W
      (AL0105)I                                                        III                                                  
       FLUVAQUENTICII                                         I        I       III                                                 I
        DYSTROCTIRE P[          I            I                                                                               

     COXVILLE (NCUD'45)          I fHERM IC    I P    10  -1.51NUV-APRI   <6.01NONE              I                I        I  2112 1UNDRAINED         I  '4W
       TYPIC PALEAQUULIS                     I       I                         II                                                   DRAINED          I  3W

     DASIILR (CAU04ID)           ITHERMIC    I VI, 1+3 -0.51NOV-AUCI  <6.0INONE                  I                I        I I     IUNDRAINED         I  7w
       TYPIC MEDIIIEMISIS       I                                                                                                  JO    III (RAINED  I  '4W

     DAWHOO (SCII0iU)            IIHERMIC    I VP   ID  -11.OINOV-APRI >=6.UIIREQUENT    ILONG                    INOV-APRI  281 1DRAINED             I  '4w
       TYPIC HUMAQUEPTS                                                                                                            I               UNDRAINED  1  6W
                                                             I ~ ~ ~~ ~ ~ ~ ~ ~~~~ ~ ~ ~~~~~~~~~~~~~~~~~~~~~~ I                 
     IDELOSS (NCO109)            ITHERM IC    IVI,   1+1 -1.0INDV-APIRI  <6.UINONE               I                I        I2B2  DORAINED             1  3W
       TYPIC UMBRAQUULTS                                                                                                           J               UNDRAINED  I  6W

     DOROVAN (MS0076)            ITHERMIC    IVP   1+1 -O.51JAN-DECI  <Z6.01COMMON               IV.LONG          IJAN-DECI I      (ALL               I  /W
       TYPIC MEDISAPRISTS                    I       I        I        I       III                                                 I

     ELLOREE (SC0113)            ITHERMIC    I P    lu  -l.UINOV-AVRI >~-6.OIC'JMMON             ILONG            IDEC-APRI  2131 JALL                I  6W
       ARENIC OCHRAQUALFS        I                   I        I        I       (II                                                 I

     ENOREE (SCOO65)             ITHERMIC    IP      (0  -1.UINOV-APRI  <6.0IFREQUINT            (BRIEF           IJAN-DECI  2132 (DRAiNED            I  '4W
       AERIC fLUVAQUENTS         I           I       I        I        I       I                                  i        I       (UNDRAINED        I  5W
                                        ~~~~~I                  I                I                                  I        I       IIIII
    GRADY (GAOO08)              JFHERMIC    I P   1+2 -l.OIDLC-JUNI   <6.OINONE                 I                I        1  2132 (ALL               I  5W
       TYPIC PALEAQUULTS                     I       I        I        I       II

    GRADY, DRAINED (GAUU72) ITHERMIC    IP           Id  -1.0IDEC-JUNI   <6.1OIN(JN             I                I        1  2132 (ALL               I  14W
       TYPIC PALEAQUULIS                     I       I        I        I       III

    GRIFION (NCULI311I          ITHERMIC    IP    1U.5-1.01DLC-MAYI   <6.UINONI-                (BRIEF           IDEC-MAYI  2132 1 UNDRA I NED       I  6W
       TYPIC OCHRAQUALFS        II                   I        I        I          OCCASIONAL    I                                   DRAINED          I  3w
                                                                             I ~ ~ ~ ~ ~~~~ ~ ~ ~~~~~~~~~~~~~~~~~~~ I           













                                                                              SOUTH CAROLINA
                                                                      HYDRIC SOILS -- CON TINUED                                          REVISED AUGUST 6, 1985,

                           (THE "HYDRIC CRITERIA NUMBER" COLUMN INDICATES WHAT CAUSED IfOE SOIL TO BE INCLUDED IN THE IIYDRIC LIST.
                            SEE THE "CRITERIA FOR HYDRIC SOILS" TO DI:LERMINE THE MEANING OF THIS COLUMN.)

                                                              I  I  HIGH WATER    I PERM.I _________  FLOODING             ____  I~~~HYDRICI     CA PABIL.IlY
                                          I        I~~~DRAIN-l    TABLE       IWITHINI                                  I         I CR1-   ICR ITICAL    i uAs-s
            SERIES AND SUBGROUP    ITEMPER- IAGE I                 I         I  2o   I  FREQUENCY    I   DURATION    I MONTHS1 TERIAI          PHASE       I AND
                                           ATURE   ICLASSI DEPTH IMONTHS I INCHIESI                    Ij                        INUMBERI   CRITERIA        ISUB-
                                                 ___ _  II        _   I               I  ___  _-_  ___      ___ ___ __                     __               ICLASS

         HANDSBORO (MS0092)          ITHERMIC    I VP    1+3 -0.51IJAN-DLCI  <6.UIFREQULNr            JV.LONG          IJAN-DECI I      IALL              I  8W
            TYPIC SULFIHEMIISTS                   I       I        II                III                                                I

    W   HOBCAW (SC0096)             IiHERMIC    I VP   1+1 -1.0INUV-APRI  <6.OIMONE                  I                 I        1  262 1t)RAINEI-         I  3W
            TYPIC UMBRAQUULTS        I                                                                                                   I       IIIUNDRAINED  I  6W
CD                                   I            I       I                  IIII
         HOBCAW, FLOODED (SCOIOB)ITHERMIC    I VP   1+1 -I.OINOV-APRI  <6.OIRARE-COMMON    110MG                       IDEC-APRI  262 IRARL               I  3W
            TYPIC UMBRAQUULTS        I            I       I        I         I       I                                 I        I        IIOCCAS,FREQ      I  6W
                                      I           I       I         I        I       I                                  I        I       III
         HOBONNY (SCO061)            ITH-ERMIC   I VP   1+1 -O  IJAN-DECI  <6.OIFREQUENT              IV.LONG          IJAN-DECJI1   IALL                 I  1W
            TYPIC MEDISAPRISTS        II                  I                  I       III                                                 I

         HYDE (NCUU8'4)              I1-HERMIC    I VP   10  -1.51DEC-APRI  <6.UIRARU                 I                            282 1DRAINED           1  3W
            TYPIC UMBRAQUULTS        I            I       I        I         I       I                                 I         I       UNDRAINED         I  6W
                                      I           I       1        I         1       I                                           I           
         JOHNSTON (NCOU'43)          I lIHRMIC    I VP    1+1 -1.5INOV-JUNI  <6.OICOMMON               BRIEF-LONG      INOV-JULI   2B2 1UNDRAINEDFREQ  I  7W
            CUMULIC HUMAQUEPIS        I                   I        I                 II                                                  IDRAINED,OCCAS   I  4W

         LEAF (MS0U63I               ITHERMIC    I P    1O.5-1.51JAN-APRI  <6.0INONE-COMMON    IBRIEF                  IJAN-APRI   282 IALL                   4W
            TYPIC ALBAQUULIS                      I       I        II                II

         LENOIR (NC0048)             11HERMIC    I SP    11.0-2.5IDLC-MAYI  <6.OIFREQUENI             ILONG            IDEC-JUNI  '4  IFREQ               I  5W
            AERIC PALEAQUULTS                     I       I        I         I       III                                                 I

         LEON (fLOU51)               IIHLRMIC    I P      U0  -1.UIJUN-FEBIl  <6.0INONE                                I        I  2832 JALL         I        4W
            AERIC HAPLAQUODS          II                  I        II                                                   II

         LEON,  FLOODED (FLU0406)  IiliLRMIC    IP        U0  -1.0IJUN-FEDIl  <6.01COMMON            ILONG             IMAR-SEPI  2132 JUCCAS             I  4W
            AERIC HAPLAQUODS         I                                                                                                    FE                  6W

         LEVY (SCO060)               IiHERMIC    I VP    1+2 -+I IJAN-DECI  <6.0IFREQUENT             IV.LONG          IJAN-DECI  2132 JALL               I  7W
            TYPIC HYDRAQUENTS        II                   I                  I       III                                                 I

         LUMBEE (NC0076)             JTHERMIC    IP    10  -1,51NOV-APRI  <6.OIRARF-COMMON    IbRIEF-LONG              INOV-MARl  2132 IUNDRAINED         I  6W
            TYPIC OCHRAQUULT~S       I                                      I        IIDRAINED                                                             I  3W
                                                                ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~I  I    IIII
         LYNN HAVLN (FLO(152)        ITHERMIC    I P    10  -1.0IJUN-FEB!  <6b.UINONF                 I                I        1  262 IALL                I  '4W
            TYPIC HAPLAQUODS         II                            IIII                                                                  I

         MCCOLL (SCUO]l)             ITHERMIC    Ip    1+1 -1.OINOV-APRl   <6.0INONE                  I                I        I  2B2 JDRAINID            I  3W
            TYPIC FRAGIAQUULTS       I            I       I        I         I                                         I         I   I  UNDRAINED          I  6W
                                      I           I       I         I        I       I                                  I                III
         MEGGETI (GAOU68)            ITHERMIC    I Py   10  -I.OINOV-APRj  <6.OINONE-CIIMMON   ILONG                   IDEC-APRI  2112 INONERARE          i  4W
            TYPIC ALBAQUALI-S        I                                               III                                                 ICCAS,FREQ        I  bw
                                                                          I  I  I  I   I                                          I       b~~~~~~~~~~~~~~~~~~IRAINED  13W




        -~~~~ --                                                          m-- - 






                                                                       SOUTH CAROLINA
                                                              HYDRIC SOILS -- CO NTINUED                                           REVISED AUGUST 6, 1985

                   (THE "HYDRIC CRITERIA NUMBIER" COLUMN INDICATES WHAT CAUSED) THlE SOIL 10 BE INCLUDED IN THE HYDRIC LIST.
                    SEE THlE "CRITERIA FOR IIYDRIC SOILS" 10 DETERMINE THE MEANING OF THIlS COLUMN.)
                                            -    -   -  HIi IHwA   ER~  -I- PER 7.1 I   --    F ~   Ng         -_   _ _ _              _
                                  I        b~~~~RA IN-K   IABLE  WITH I N                       I                 I iI CRT- I            CRIf ICAL    ICLASS
   SERIES AND SUBGROUP        I FEMPER-    AGE I           II20   I  FREQUENCY    I   DURATION    I MONTHS1 TERIAJ                      PHASE       I AND
                              I   AIURE   I CLASSI DEPTH IMONTHS I INCHESI                     I                 I        INUMBERI    CRITERIA       ISUBI-
                                         _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _  1.. _ _ _  t  9   -   -     _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _  1 1   _ _ _ _ _ _ _ _ _ _ _ _ _  C L A S S

 MYATT (AL0036)              ITHERMIC    I P      10  -1.UINOV-APRI  <6.OINONE-CUMMON    IDRIEF                  INOV-MARl  2B32 INONF,RARE,         I  3W
   TYPIC OCHRAQUUkTS         I            I                I                                                                      IDRAINED          I
                                                        I  I  I       I        I                I                 I        I       !~~~~~~~~~~~~~~~~~~~~~~~~~NONE,RARE,OCCASI  LIW
03~~~~~~~~~~~~~~~~ I                                                                           II                         I       JREQ    I              5W
                          L  ~     ~     ~ ~~          ~ ~      ~ ~ ~~                ~       ~~                ~    ~ ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~I  I  I        II
 OGEECH-EE (GA0036)          ITHERMIC    I P      10  -0.51DEC-MAYI  <6.0INONE-COMMON    IBRIEF                  IDEC-MAYJ  2132 IRAINED             I  3W
   TYPIC OCHRAQUULTS                                                                                                              1UN III    DNRAINED  I  4W

 OGEECHIEE, PONDED           ITHERM IC    I P     I+1.-O.51DEC-MAYI  <6.OINONE                 I                 I        I  21B2 bALL               I   W
  (GA00811)I                                      I                  IIIIII
   TYPICOHAQUT               I                    I                          IIII

 OSIER (GAOU25)              11HERMIC    I P      10  -I.OINOV-MARI >=6.OINONE-RARE            I                 I        I  2131  DRAINED           I3W
   TYPIC PSAMMAQUIENrS                                                                                                           IL    IIIINDNRAiNED  I  5W

 OSIER, FLOODED (GA0089) 17H-ERMIC    I P         10  -1.0INOV-MAR) >=6.OICOMMON               IBRIEf            IDEC-APRI  281 IDRAINED             I3W
   TYPIC PSAMMAQUENIS        I                                                                                                     UNDRAINED         I  5W
                                                        ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~I  I  IIII
 OSIER, PONDFD (GAU078)  ITHERMIC    I P          1+1 -l.OINOV-MARI  >=6.0INONE                I                 I        I  281  IALL               I  5W
   TYPIC PSAMMAQUENTS        II                   I        II                II                                          I        I

 PAMLICO (NCO050)            ITHERMIC    I VP'   (0  -1.0IDEC-MAYI   <6.0IRARE                 ILONG            IJAN-DECI   I   1UNDRAINED           I  7W
   TERRIC MEDISAPRISTS                                                                                                            I       IIIIDRAINED  I  '4W
                                                                        ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~I  I    I                     I
 PAMLICO,  FLOODED           ITHERMIC    I VP    1+1 -O  JJAN-DECI   <6.OIFREQUENT             IBRIEF-LONG      IJAN-DECI  I   IALL                  I  7w
  (NCU1159)                                       IIII                                                                    I
   TERRIC MEDISAPRISIS       II                                     I        II1I                                                 I

 PAMLICO, LOAMY              ITHERMIC    I VP    10  -1.0IJAN-DECI  <6,OIRARE                  I                          I1       ALL               1  7W
  SUBSTRATUM (NCO154l)                    I       II                         IIII                                                 I
   TERRIC MEDISAPRISTS       II                            II                IIII

 PAMLICO,  PONDED (INCIJ1S5)5HERMIC    I VP    1+2 -O  JDEC-MAYI   <6.OIRARE                   I                I         I       JALL               1  7W
   TERRIC MEDISAPRISTS       II                            II                IIII

 PANTEGO (NCO051)            ITHERMIC    I  lo1   -1.5IDLC-MAYI  <6.OINONE-RAKE                II                            2B2 IUNDRAINED          I  6W
   UMBIRIC PALEAQUULIS       I                             II                II                                                    RAINED            I  3W
                                                        ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~I  I    I  IIII
 PAXVILLE (SCOUS2)           ITHERMIC    IVP   1-'1 -1.OINOV-APRI   <6bOINONE-RARE             III282 IDRAINED                                       I  3W
   TYPIC UMBRAQUULTS         I            I       I        I         I                                                            1       UNDRAINED  I  6W
                              I           I        I        I        I        I                III 
 PELHAM (GA0015)             ITHERM IC    I P     10.5-1.51JAN-APRI >--6.OINONE-RARE           II                            2131 IRAINED            I  3W
   ARENIC PALEAQUULTS        I                                                                                                     UNDRAINED         1 I

 PELHAM,  FLOODED (CAUU88)IIHERMIC    I P    10.5-1.51JAN-APRI > =6. 0I1COMMNOI                IBIUF       I     (DEC-MAR 1  2131 ILLfA I NED        I  jw
   ARENIC PALEAQUULTS        II                                              IIIIUNDRAINED                                                         I      W














                                                                        SOUTH CAROL-INA
                                                                HYDRIC SOILS -- CONIfINUEI)                                        REVISED AUGUST 6, 1985

                      (THE "HYDRIC CRI TERIA NUMBER" COLUMN INDICATES WHAT CAUSED THlE SOIL TO BE INCLUDED IN THE IIYORIC LIST.
                       SEE INC "CRI11:LR1A [OR IIYDRIC SOI LS" 10 DETERMINE T[lE MEANING Of 11111S COLUMN.)

                                                  I  I  I  HIG~~~l WATLR    I P.1 ______       EtOODI~ING          ____HIYDRICI ___CAPABIL-IlY
                                    I        (~~~DRAIN-I    I A13LL     IWI TIIINI               I                I        I C81- I    CR1ITICAL  I CLAiS>
       SERIES AND SUBGROUP    ITEMPYER- I  AGE I               I        I  20(1I  FREQUENCY    I   DURATION    I MONTHSI IERIAI           PHASE       I AND
                                 I   ATURE   I CLASSI DEPTH IMONTHS IINCHESI                     IIINUMBERI   CRITERIA                                (SOB-
                                                          ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~I                                                           ICLIAII  II 
     PELHAM,  PONDED (CA0079) ITHERMIC    I P    1+1 -1.51JAN-APRI >=6.UINDNE                    I                I         I  2BI IALL               I  5W
       ARENIC PALEAQWJLIS        I                   I         II               III

- ~  PICI(NEY (SC0027)           ITHERMIC    I VI, 1+1 -l.UINOV-APRI >=6.OINON[                  I                 I        12131 IDI(AINED               'W
       CUMULIC HUMAQUEPTS                                                                                                           I               UNDRAINED  I6W

     PLUMMEIR (GAOD31)           ITHERMIC    I P      ID  -1.51DEC-JULI   <6.OINON[-COMMON    IBRIEF              (DEC-JULI  2B2 (UNDRAINED           I4W
       GROSSARENIC              I                                                                                                    DRAINED             S W
        PALEAQUIULTSII                               IIIIIIII

     PLUMMER,  PONDED (GA0O7I)ITHERMIC    I P         1+2 -1.51DEC-JULI  <6.OINONC               I                 I        I  262 IALL                   5W
       GROSSARENIC               I           I       I         I        I       I                I                I        I   I V LONG               I1W
        PALEAQUIULTSII                               I        II               IIII 

     POCOMOKE. DRAINED           ITIIERMIC    I VP   (0  -1.51DEC-MAYI  <6.OINONE                I                 I        1  282 ISL,FSL            1 SW
      (MIO1114)                 II                   I         II               III                                                 ILS     I           3W
       TYPIC UMBRAQUULTS                     I       I         I        I       IIII

     POCOMOKE, PONDIED           ITHERMIC    I VP   1+1.-O   INDV-JUNI  <6.01NONE                I                 I        I  21B2 (ALL              I  4W
      (IMIDOUO2)II                                   II                         IIII
       TYPIC UMBRAQOULTS        II                   I         I                IIII

     POLAWANA (SCUO32)           ITH-ERMIC    I VP    1+1 -O.51NOV-APRI -r6.UIFREQUIENT          IV.LONG           JDEC-MARl   281  DRAINED               'W
       CIUMULIC HUMAQUEPTS      I                                                                                                    UNDRAINED        I6W

     PONZER (NC0077)             ITHERMIC    I        ID  -1.O(DEC-MAYI   <6.OIRARE-COMMDN    (BRIEF-LONG          IDEC-MAYI I      (UNDRAINED        I  -1W
       TERRIC MEDISAPRISTS    II                              II                IIII                                                IDRAINLD,BRIEF   I  4W
                                                                   ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~I  IIIIIII
     PORTSMOUTH (NCO1128)        ITHERMIC    I VP   (0  -1.OIDEC-APRI  <6.OINONE-RARE            I                 I        I  2B2 (DRAINED           1  3Wi
       TYPIC UMBRAQUULTS        I                                                                                                   I               UNDRAINED  I  6w

     PUNGO (NC0096)              ITHERMIC    I VP   (0  -1.0(DEC-MAYI   <6.UIRARL                I        I                 I I     (UNDRAINED        I  7W
       TYPIC IMEIDISAPRIISTS    I            I                                                   III                                (RAINED           I4W

     RAINS (SC0020)              ITHERMIC    I P      (0  -1.OINOV-APRI   <6.O(NONE              I                 I        I  2132 (ALL       S           W
       TYPIC PALEAQUOLTS                     I       I         II               IIII

     RAINS,  FLOODED (SC0116) ITHCHEMIC    I P        (0  -1.O(NOV-APRI   <6.O(COMMON            (BRIEF            (NOV-APRI  2B32 IOCCAS             I  4W
       TYPIC PALEAQUULTS        II                   I         I        (       I                                                   IFREQ             1  6W

    REMBERT (SCOUIO)            ITHERMIC    I ID  (+1 -I.(IINOV-APKI  <6.UINONC-RAHE            I                 I        I  2B32 (DRAINED          1 SW
       TYPIC OCHRAQUULTS        I            (       I        I         I       I                I                                   UNDRAINED        I  6W
                                    ~~~I             I        I         I       I       I                                           I













                                                                      SOUIH CAROL NA
                                                              HYDRIC SOILS -- CONT-INUE-D                                         REVISED AUGUST 6, 1985

                  (THE 'HYDRIC CRITERIA NUMBER" COLUMN INDICATES WHAF CAUSED WEL SOIL 10 13E INCLUDED IN THE HYDRIC LIST.
                    SEE THE "CRITERIA FOR HYDRIC SOILS" TO DETERMINE THL MEANING OF THIS COLUMN.)


                                                      I  IDRAIN-IiA~~~~~~~~~~~~~~~~i~~~~iy_____~~~~RI  ICI1Ik    I                          I   I CI ClCAL    I CLAbSS
   SERIES AND SUBGROUP    ITEMPER- I  AGE  I                         I20   1FREQUENCY    I   DURATION    I MONIHS1 IERIAl               PHASE       I AND
                                I ATURE   I CLASSI DEPTH IMONTHS I1INCHES)                     I                 I        INUMBERI   CRITERIA        ISUB-
                                                           A   _ _ _ _ _ _ _ _ _ _    J   _ _ _ _ _ _  I ~ 1   _ _ _ _ _ _   J   _____   J1   _ _ _ _ _ _ _ _ _ _ _  1 1 1C L A S S

ROANOK(E (VA00714)          ITHERMIC    I P      ID  -11.DINOV-MAYI   <6.OINONE-1-REQUENT  1BRIEF              INOV-JUNI   282 IDRAINED,NONE,   I  3W
  TYPIC OCH-RAQUIqLTS       I                                                                                                      K                 ARE OCCAS  I
                         W   I            I        I        I        I        I                I                 I        I       ~~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~UNDHAINLD,N0NL,l  4W
                                                        I  I  I  I    I                         I                         I        :~~~~~~~~~~~~~~~~RARE,OC ?
                                                       I  I  I  I    I                         I                          I      ~~~~~~~~~~~~~~~~~~~~~~~~~~IFREQ   15
                                                       I ~ ~ ~~ ~ ~ ~ ~~~                              ~        ~ ~ ~~~~~~~~~~~~~~~~~~~~~~~ I           
ROANOKE, PONDED (VAU198)ITHERMIC    I P          1+3 -U   IOC[-JULI  <6.0IFREQUENI            IV.LONG          IOCT-JULI  2832 JALL                 I  7W
  TYPIC OCHRAQUULIS                      I                II                IIII                                                 I

ROSEDHU (SC0029)            ITHERMIC    I P      1+1- -1.OINOV-MAYJ  <6.0INONE-RARE           I                I         I  2B2I DRA INED 0          1 lW
  TYPIC HAPLAQUOUS          I            I       I        I         I       I                I                 I        I        IUNDRAINED        I  6W
                             I           I        I        I         I       I                I                 I        I       II
RUTLEGE (MD0003)            ITHERMIC    I VP    10  -I.OIDEC-MAY1  -~6.01COMMON               IBRIEF           IDEC-MAYI  281  IDRAINED             I  14W
  TYPIC HUMAQUEPTS          I            I1                                 IIIIUNDRAINED                                                          16W
                                                                      I ~ ~ ~ ~ ~~     ~       ~         ~       ~    ~ ~ ~~~~~~~~~~~~~ 1 I         
RUTLEGE, PONUED (MOU102)ITHERMIC    I VP    1+2 -1.01IDEC-MAYI >=6.UINONL                     I                 I        I  281  IIIRAINLD           1 4W
  TYPIC HUMAQUEPTS          I            I       I        I         I       I                I                 II                IUNDRAINLO        I  6W
                                   ~~~~~~~I  I     I        I        I       I                 I                 I        I
SANTEE (SC0038)             ITHERMIC    I VP    1+1 -I.UINOV-APRI  <6.OINONC-COMMON    IBRIEF-LONG             [NOV-APRI   21312 INONE,RARE,        I  3W
  TYPIC ARGIAQUOLLS         I            I       I        II                IIII                                                 IDRAINED          I
                                                       I  I  I  I    I        I                I                 I        I       I~~~~~~~~~ ~~~~~~~~~~~~~~IUNDRA INED  J 6W
                                                       I  I  I  I    I        I                I                 I        I       ~~~~~~~~~~~~~~~~~~~~~~~~iOCCAS,DRAINED   I  14W
                                                       ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~I  I  IIIII                            I
STONO (SCO071)              ITHERMIC    I VP    1+1 -1.UINOV-APRI  <6.OICOMMON                ILONG            INOV-APRI  21B2 1DRAINED             I  3w
  TYPIC ARGIAQUOLLS         II                                              IIIIUNDRAINED                                                          I  6W
                                                       ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~I  IIIIII                              I
TAWCAW (SC0034)             ITHERMIC    I SP    11.5-2.51NOV-APlil  <6.OIFREQUEN1             ILONG            IDEC-APRI   4    1 FREQ              I  6W
  FLUVAQUENTIC              II                   I        II                                 III                                 I
    DYSTROCHREPTSII                               I        II                                 III

TOMOTLEY (SCU076)           ITHERMIC    I P      10  -1.0)0CC-MARl   <6.01NONE-RARE           I                I         I  282 1 DRAI LD           I  3W
  TYPIC OCH-RAQUULTS        I            I       I        I                 I                 I                I        I        I JNURAINED       I  14W
                             I            I                I         I       I                I                 I        I       III
TORHUNTA (NC00671           ITHERMIC    I VP    10.5-1.51OLC-M~AYI  <6.OINONE-COMMON    IBRIEF                 INOV-APRI   2B2 IDRAINED             I  3W
  TYPIC HUMAQUEPTS          I                                                                                                     UNDRAINED        I  6w

WADMALAW (SCO067)           ITHERMIC    I P       1+1 -11.0INOV-APRI  <6.01NONE-RARE          I                 I        I  282 IDRAINED            I  3W
  UMBR'IC OCHRAQUALFS       II                                              IIIIUNDRAINED                                                           I  6W
                                                       ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~I  III  I             III
WEHADKEE (NCO052)           ITHERMIC    I P       10  -2.51DEC-MAYI  <6.01COMMON              IBRIEF            JNOV-JUNI   282  JORAINLID,DCCAS   I  14W
  TYPIC fLUVAQUENIS         I                                                                                                     UNDRAINED,FREQ I  6W

WILLIMAN (SC00514)          ITHERMIC    I P       10  -1.01DEC-APRI  <6.01NONE-RARE           I                 I        I  2132 IALL               I  3W
  ARENIC OCHRAQUULTS        II                             II               IIII                                                 I

WOODINCTON (NCOO3b)         JTHCRMIC    I P      10.5-1.0IDEC-MAYI   <6.01NONE                I                 II2132 JUNDRAINED                   I  6W
  TYPIC PALEAQUULTS         I                                               IIIIDRAINED                                                            I  3W













                                                          SOUTH CAROLINA
                                                   HYDRIC SOILS -- CONi INULD                                    RLVISED AUGUST 6, 1985

               (IHE  HIIYDRIC CRITERIA NUMULR" COLUMN INDICAILS WHAT CAUSED IHE SOIL 10 BE INCLUDED IN THE HYDRIC LIST.
                SEE THE "CRITERIA FOR HYDRIC SOILS" 10 DETERMINE THE MEANING OF THIS COLUMN.)

                                   I        HTIGH WATER   I PERM.CIAPAIIII FLOOO N          -      _       IHlY __6 iA  ITI
                                   J URAIN-I    TIAbL_     IWITHINI                                         CRI_- I    CWIIICAL    CLAS li
  SERIES AND SUBGROUP       TEMPER- I AGE I          I       I 20  1  FREQUENCY   I   DURATION   IMONTHS1 TERIAL           PHASE      I AND
                            AlURE  I CLASSI DEPIH IMONTHS 1INCIESI                 I                        INUMBERI  CRITERIA    ISUB-
                           I       I   _I        .1        _        .                      _ I  I  I_ Icn
WORSHAM (VAOU09)          ITHERMIC   I P    10  -I.OINOV-APRI  <6.UINONE             I               I        I 282 10-3%                SW
  TYPIC OCHRAQUOLTS      I           I       I       I       I               I                       I       I       13-8%            I 4W
                                              ~~~~~~~~~~~~~~~~~~~~~~~~~~~~I  IIIIII 
YONCES (SC0056)           ITHERMIC   I P    IU  -1.UINOV-APRI <6.OINONE              I               I        I 202 1DRAINED          I  3W
  TYPIC OCHRAQUALfS      II                  I       I       I       I               I               I       I        UNDRAINED       I 6w
                                              ~~~~~~~~~~~~~~~~~~~~~~~~~~~~I  III   I              III
YONGES, FLOODED (SCO112)ITHERMIC   I P    10  -I.OINOV-APRI  <6.01COMMON             IBRIEF          IDEC-APRI  282 IOCCAS            I 4W
  TYPIC OCHRAQUALFS      I    I          I           I       I       I                       I           I       I  IFREQ             I 6w
                        1          I       I       I        I      1  _ -_                 I               I       I







    I  __ ___ ___ ___ ___ ___                                          ___ ___ ___ ___ ___ ___




















                ~~~~~~~~~~~~~~~~~~~~~~~~~~~~PLI










~~~~IC A













I~~~~WN NW1                              -u                            ,~ N





 ISOUTH CAROLINA STATE HISTORIC PRESERVATION OFFICE

          *                                      ~~~~~~~~~~~Preservation Programs

     Survey
 E   National Register of Historic Places
     Survey and Planning Grants
     Review and Compliance
     Tax Incentives
 I   Certificated Local Governments
     Statewide Comprehensive Historic Preservation Plan

 I   Review and Compliance

     The Review and Compliance program advises and assists Federal agencies and the South Carolina Coastal Council in
 I   their compliance with federal and state regulations. The purpose of the State Historic Preservation Office's (SHPO)
     Review and Compliance program is to ensure Federal agency compliance of Section 1 06 of the National Historic
     Preservation Act (NHPA) of 1966, as amended, and to protect and preserve the irreplaceable archaeological,
 I   architectural, and cultural resources significant to the Nation's and/or State's heritage. Section 1 06 stipulates the
     following:

        "The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally
*      ~~assisted undertaking in any State and the head of any Federal department or independent agency having
        authority to license any undertaking shall, prior to the approval of the expenditure of any Federal funds on the
        undertaking or priorto the issuance of any license, as the case may be, may take into account the effect of the
        undertaking on any district, site, building, structure, or object that is included in or eligible for inclusion in the
        National Register. The head of any such Federal agency shall afford the Advisory Council on Historic
        Preservation established under Title 11 of this Act a reasonable opportunity to comment with regard to such
P~~undertaking."

     Section 106 compliance procedures apply to undertakings which involve Federal property, assistance, and
 I   licensingUnder South Carolina Coastal Council regulations at "General Areas of Particular Concern," similar
     compliance procedures are required for undertakings which require Coastal Council permits or certification. Typical
     steps in the Section 1 06 compliance process include the following:

        1. Federal agency or representative notifies SHPO of a proposed undertaking.
        2. SHPO reviews proposed undertaking and submits written recommendations and opinions to Federal agency
        with copies to appropriate parties. If a cultural resources survey is recommended, the SHPO offers to provide
I     ~ ~technical assistance such as sample Request for Proposals (RFP) and review of proposals.
         3. Federal agency, after consultation with SHPO, notified applicant of required compliance stipulations which
*      ~~must occur prior to approval or initiation of proposed project.
         4. SHPO may be asked by agency or applicant for technical assistance. (We recommend that the applicant and
        his contract archaeologist work closely with the SHPO; SHPO review and comment of the Research Proposal can
*      ~~prove beneficial to all parties.)
         5. SHPO receives two review copies of the technical Report of Investigations. The report is accompanied by a
        letter stating the agency's opinion of the results of the cultural resources investigations and a request for the SHPO's

        review and consultation regarding that opinion.







       *                             ~~~~~~~~B-16







   6. SHPO reviews the report with particular attention paid to research procedures, descriptions, and National
  Register eligibility assessments and justifications.SHPO's letter to the agency provides SHPO's opinion of the
  research, National Register eligibility evaluations, and effect of the project on significant properties.SHPO letter
  advises the agency of recommended procedures which should next take place.
   7. If there is a determination of adverse effect, the SHPO, agency, and interested parties seek project design
  alternatives which will avoid adverse effects.
   8. If Register listed or eligible properties will be adversely affected by the proposed undertaking, the SHPO,
  agency, and applicant, in consultation with the Advisory Council on Historic Preservation, develop a Memorandum
  of Agreement for the preservation and/or mitigation of the resources.
   9. If there is a failure to agree, the agency may consult with and seek the opinion of the Advisory Council.
  1 0. At no stage of the undertaking should landscape altering activities be conducted prior to final project approval
  by the federal agency, in consultation with the SHPO.


South Carolina Coastal Council: Typical steps in the Coastal Council compliance process include the following:

   1. Applicant notifies S.C. Coastal Council of proposed undertaking.

   2. Coastal Council reviews project and notifies applicant and SHPO of permit/certification stipulations regarding
  archaeological survey and mitigation of significant cultural resources.

   3. The Coastal Council and SHPO coordinate to notify applicant of required compliance procedures and
  undertakings which must occur prior to permit approval or project certification. The SHPO coordinates with the
  applicant by providing recommendations for the cultural resources survey and/or mitigation of cultural resources.
  The SHPO offers technical assistance such as sample Request for Proposals (RFP), review of proposals, and
  archaeological guidelines.

   4. SHPO receives two review copies of the technical Report of Investigations. The report is accompanied by a
  request for the SHPO's review and opinion.

   5. SHPO reviews the report with particular attention to research procedures, site descriptions, and National
  Register eligibility assessments and justifications. SHPO, in consultation with the Coastal Council, provides SHPO's
  opinion of the research, National Register eligibility evaluations, and effect of the project on significant properties.
  SHPO advises Coastal Council of recommended procedures which should take place next.

   6. If there is a determination of adverse effect on Register listed or eligible properties, the SHPO, Coastal Council,
  and applicant seek project design alternatives which will avoid adverse effects. Stipulations for the preservation
  and/or mitigation (through data recovery) of the resources are defined in a Memorandum of Agreement signed by
  three parties.

    7. At no stage of the undertaking should landscape altering activities be conducted prior to final approval by the
  Coastal Council, in consultation with the SHPO.














                                 B-17






                               SECTION 106 DIAGRAMMED

                               The chart below illustrates the three basic "action
                               tracks" for Section 106 review: no effect, no adverse
                               effect, and adverse effect.









                             Identify Resource
            (1) National Register Properties (2) Properties Eligible for the National Register

                       Apply Council Criteria of Effect
                            (In Consultation with SHPO)

mII                                                I        I
  No Effect                      Effect-Apply Council Criteria of Adverse Effect
                 I                             (In Consultation with SHPO)


  Agency
  Keeps
  Documentation


                     No Adverse Effect
                      Forward Documentation     Objects
                       to Council for Review

                    Council     Cgency Does

                     I       I       I
                    , oncurs   wi            Not Accept
                                Conditions

                                 Agency                          m
                                 Accepts
                                 Conditions 












    Proceed with Federal Undertaking*





                           B-18
            D~~~~~~~~~  s





                               ARCHAELOGICAL GUIDELINES (1987)
                         South Carolina State Historic Preservation Office

To date, the South Carolina SHPO has no extensive printed standards and guidelines for archaeological investigations
and reports subject to Section 1 06 and S.C. Coastal Council compliance review. We suggest guidelines and standards
used by qualified archaelogists should include but not be limited to the following.

Advisory Council on Historic Preservation
  1980 TREATMENT OF ARCHAELOGICAL PROPERTIES: A HANDBOOK.
  Advisory Council on Historic Preservation, Washington, D.C.

National Park Service
  1983 ARCHEOLOGY AND HISTORIC PRESERVATION: Secretary of the Interior's Standards and   Guidelines.
FEDERAL REGISTER, Part IV 48(2):44716-44740. Department of the Interior, National Park   Service, Washington,
D.C.

Society for American Archaelogy
  1983 Editorial Policy and Style Guide for AMERICAN ANTIQUITY.
  AMERICAN ANTIQUITY 48(2):429-442.

  Technical reports of investigation should conform to standard, professionally acceptable style guidelines as
described in AMERICAN ANTIQUITY. At least two (2) copies of each report of investigation should be submitted for
SHPO review. State site inventory forms should be completed and submitted, with appropriate site locational maps, to
the South Carolina Institute of Archaeology and Anthropology which will issue permanent site numbers upon receipt of
this information. The state site inventory number must be used when sites are referenced in final reports. We also
strongly recommend the submittal of copies of final reports to the SCIAA Information Management Division and
Library.

Basic elements of archaeological investigations and the final report of investigations should include, but not
necessarily limited to, information relevant to:
  a.) Scope-of-work
  b.) Research Proposal/Design
  c.) Background/archival research and procedures
  d.) Cultural overview
  e.) Environmental overview
  f.) Field methods and procedures
  g.) Laboratory procedures and curation
  h.) Inventoried sites
  i.) National Register eligibility assessments, justifications,, and recommendations




















                                B-19





Survey methodology and procedures should be systematic. In addition to ground surface survey, we suggest that
subsurface testing (approximately .50X.50m) be conducted in areas predicted to possess high site probability and at
systematic intervals along transects in the remaining portions of the survey tract. When sites are discovered, limited
systematic testing is also suggested for determining site boundaries, density of cultural deposits, clarity, and etc.

Site descriptions generated as a result of reconnaissance survey, intensive survey, or limited testing should include
the following basic yet detailed information.

    1. Survey and/or testing procedures
    2. Collection and/or recovery procedures
    3. Site location (also clearly indicated on a map of the study area)
    4. Environmental description (vegetation, soil, etc.)
    5. Site landscape integrity (i.e., eroded; deep-plowed, etc.)
    6. Site dimensions and/or boundaries
    7. Site type
    8. Artifact inventory
    9. Cultural affiliation
   10. National Register of Historic Places assessment (eligible, not eligible, or potentially eligible needing
       additional testing)
   11. Justification for National Register assessment
   1 2. Recommendations

If subsurface testing was conducted, the site description should also include but not be limited to the following:

    1. Soils description (Munsell)
    2. Stratigraphy
    3. Integrity of cultural deposits
    ,4 .   Density of cultural deposits
    5. Depth of cultural deposits
    6. Cultural affiliation

The eligibility assessment should contain the following:

    1. Clearly stated National Register assessment of: a) eligible, (b) not eligible, or (c) potentially eligible
    2. Justification of that assessment, based on National Register criteria (cf. "Guidelines for Level of Documentation,
   "FEDERAL REGIONAL, Vol. 42, No. 183, September 21, 1977); "significance," as dealt with in the professional
   literature; and other significance criteria such as integrity, density of cultural deposits, etc.

We urge that, prior to responding to a Request for Proposals or any other type of project request from a sponsor, you to
determine whether you have adequate qualified personnel, facilities, and time (especially if you are the Principal
Investigator) to conduct investigations which will be acceptable to the SHPO, the professional community, and the
needs of your client. In some cases the Principal investigator (PI) is unable to be in the field and laboratory to direct and
interpret archaeological research. If the PI is not in the field greater than 50% of the project field time, the field















                                  B-20






director/field assistant should meet the Secretary of Interior's Professional Qualifications Standards (see below).

At the preliminary stage of a project (prior to the conduct of field investigations), we strongly recommend that
archaeologists:

    1.Contact the SHPO in order to:
    a) Inform us of your activities
    b) Learn of the Section 1 06 status of the proposed project
    c) Check the National Register of Historic Places listing
    d) Determine that the SHPO has a current copy of your qualifications statement and vitae of key personnel. If
     personnel vary from project to project, a current vita of key personnel should be provided no later than at the time
    of report submittal (may be included as a appendix to the report).
  2. Conduct background research, including a check of the State Site Inventory files at the South Carolina institute of
  Archaeology and Anthropology.
  3. Conduct archival research which includes utilization of primary resources/documents.

Archaeologists conducting compliance projects which encompass survey of architectural properties should obtain
the services of a qualified architectural historian to identify, describe, and assess such properties. In addition,
archival/historical research should be conducted by a qualified individual. The minimum education and experience
required to perform identifications, evaluation, registration, and treatment activities are defined by the Secretary of
Interior (NPS 1983) as follows:

Archeology
The minimum professional qualifications in archeology are a graduate degree in archeology, anthropology, or closely
related field plus:
  1. At least on year of full-time professional experience or equivalent specialized training in archeological
  management;
  2. At least four months of supervised field and analytic experience in general North American archeology; and
  3. Demonstrated ability to carry research to completion.

In addition to these minimum qualifications, a professional in prehistoric archeology shall have at least one year of
full-time professional experience at a supervisory level in the study of archaeological resources of the historic period.

Architectural History
The minimum professional qualifications in architectural history are a graduate degree in architectural history, art
history, historic preservation, or closely related field with coursework in American architectural history; or a bachelor's
degree in architectural history, art history, historic preservation or closely related field plus one of the following:






















                                 B-21







  .1. At least two years of full-time experience in research, writing, or teaching in American architectural history or
        restoration architecture with an academic institution, historical organization or agency, museum, or other
        professional institution; or
        2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of
  *American architectural history.

        History
        The minimum professional qualifications in history are a graduate degree in history or closely related field; or a
        bachelor's degree in history or closely related field plus one of the following: History The minimum professional
        qualifications in history are a graduate degree in history or closely related field; or a bachelor's degree in history or
  Iclosely related field plus one of the following:

        1. At least two years of full-time experience in research, writing, teaching, interpretation, or other demonstrable
        professional activity with an academic institution, historic organization or agency, museum, or other professional
I     ~~institution; or
        2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of
I       ~~history.





















       I~~~~~~~~~B2






                                     GLOSSARY of ACRONYMS and TERMS

     certification - the result of a review performed by the South Carolina Coastal Council and/or the SC Department of
     Health and Environmental Control which provides assurance to the permitting agency that the proposed work is
     consistent with the Coastal Zone Management Plan (in the case of the SCCC, "CZM" certification), or that the project
     will not contravene State water quality standards (in the case of DHEC, "water quality" or "401" certification). In both
     instances, a Department of the Army permit cannot be issued without these certifications.

     COE - Corps of Engineers

     community - all of the plant populations occurring in a shared habitat or environment.

     CWA - Clean Water Act (formerly known as the Federal Water Pollution Control Act)

     CZM - Coastal Zone Management (Program or Plan)

     DAH - South Carolina Department of Archives and History

     DHEC - South Carolina Department of Health & Environmental Control

     DOJ - Department of Justice

     Dredged Material - any material that is excavated or dredged from waters of the United States.

     EPA - Environmental Protection Agency

     fill material - any material used for the primary purpose of replacing an aquatic area with dry land or of changing the
         bottom elevation of a waterbody.

     FWS - Fish and Wildlife Service, US Department of the Interior

     grandfather - a bureaucratic term used when changes in programs result in the regulation of areas or activities not
         previously subject to such authority. This action allows work under way to be completed within certain parameters.

     headwaters - normally refers to the very upper reaches of a stream, however, as used in the permit program it has a
         more definite meaning. The term refers to a point on a non-tidal stream above which the average annual flow is
         less than five cubic feet per second (from Corps of Engineers Regulations 33 CFR 330.2(b)).

     hydrophytic vegetation - plants which have morphological, physiological, and/or reproductive adaptations that allow
         them to grow, persist and reproduce in areas that are periodically inundated or have saturated soil conditions.

     IAA - Institute of Archeology and Anthropology, University of South Carolina (Director of Institute is the SC State
         Archeologist)

     nationwide permit - a type of authorization contained in Corps of Engineers regulations (33 CFR 330) which authorizes
         certain types of work in certain geographical areas on a blanket, nationwide basis, provided that pertinent
         conditions and best management practices can be met.

     navigable waters of the State of South Carolina - for the purposes of requiring a State permit, this is defined as those
         waters which are now navigable, or have been navigable at any time, or are capable of being rendered navigable
         by the removal of accidental obstructions, by rafts of lumber or timber or by small pleasure or sport fishing boats.
         State navigability is determined by the SC Water Resources Commission by visual field determination based on
         the criteria described above (see Section 49-1 -1 0 and Regulation 19-450, Code of Laws of South Carolina, 1976,
r        as amended).




                                      B-23






      navigable waters of the United States - waters that are subject to the ebb and flow of the tide, shoreward to the mean
          high water mark. Also includes non-tidal waters rivers or streams administratively determined to meet the criteria
          of being presently used, or have been used in the past, or may be susceptible to use for transporting interstate or
          foreign commerce. These waters are subject to Corps jurisdiction under Section 1 0 of the Rivers and Harbors Act
          of 1899 as well as under Section 404 of the Clean Water Act. This is a subset of "waters of the United States".

      NMFS - National Marine Fisheries Service, US Department of Commerce

      NWI - National Wetland Inventory, US Fish and Wildlife Service

      NWP - Nationwide Permit; any of a number of blanket, nationwide Corps authorizations for different types of work (see
          33 CFR 330.5).

      PDN - "pre-discharge notification"; an abbreviated application process necessary to perform work under Nationwide
          Permit 26.

      prevalent vegetation - the plant community or communities that occur in an area during a given period. The prevalent
          vegetation is characterized by the dominant species that comprise the plant community.

      public notice - the primary method of advising all interested parties of an activity for which a permit is sought and of
          soliciting comments and information necessary to evaluate the request. A public notice is normally distributed to a
          standard mailing list of agencies and other parties, as well as adjoining property owners, and must therefore
          contain sufficient information to give a clear understanding of the nature and magnitude of the activity to generate
          meaningful comment.

      RHA - Rivers and Harbors Act

     SCB&CB - South Carolina Budget and Control Board

P)    SCCC - South Carolina Coastal Council

     SCDAH - South Carolina Department of Archives and History

      SCDH&PT - South Carolina Department of Highways and Public Transportation

      SCLRC - South Carolina Land Resources Commission

      SCS - Soil Conservation Service, US Department of Agriculture

      SCWRC - South Carolina Water Resources Commission

      SCW&MRD - South Carolina Wildlife and Marine Resources Department

      SHPO - State Historic Preservation Officer (Director, SCDAH)

      SPA - South Carolina State Ports Authority

      special aquatic sites - this term is used in the EPA 404(b) Guidelines (40 CFR 230) and basically includes all wetland
          and open water areas.

      USDA - United States Department of Agriculture

      USGS - United States Geological Survey






                                       B-24






water dependent - requiring access to, proximity to, or siting within a given wetland area to fulfill the basic purpose of
    the project (summarized from EPA Regulations, 40 CFR 230.1 0(a)(3)).

waters of the United States - basically means all waterbodies and their adjacent wetlands as well as wetland areas
    independent of a river, stream or lake. A complete definition can be found in Corps of Engineers Regulations at 33
    CFR 328.3(a). This term is very broad and defines the extent of Corps jurisdiction for the purposes of Section 404 of
    the Clean Water Act. It is of interest to note that, while this definition covers virtually every type of wet area
    conceivable, there are a few exceptions. For instance, waste treatment systems, including treatment ponds or
    lagoons designed to meet the requirements of the Clean Water Act, and artifical waterbodies created by
    excavating or diking dry land primarily for aesthetic purposes are not considered to be waters of the US.

wetlands - those areas that are inundated or saturated by surface or ground water at a frequency and duration
    sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically
    adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.
    (from COE Regulations, 33 CFR 328.3(b)).

WRC - South Carolina Water Resources Commission














































                                 B-25