20160681 Ver 1_Application_20160705

50ut6errr F m'rotnmental Group, Inc.
3513 5" Couw R«d 5uite 1=WArnington, NC 28+12
F,one:910.+32.271 t Fax910.+32.2899 Finad: offkageegLuz
2 June 2016
Hand Delivery
Ms. Emily Greer
Wilmington Regulatory Field Office
US Army Corps of Engineers (USACE)
69 Darlington Avenue
Wilmington, NC 28403
Ms. Joanne Steenhuis
NC Division of Water Resources (DWR)
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: Blake Farm SF -1 Subdivision
Scott's Hill, Pender County, North Carolina
USACE AID# - SAW -2012-01624
NC DWR Project # -Not Assigned
Dear Emily and Joanne:
PAID
1SEGi Project 405-159.011
20160681
Rel VED
JUL 0 5 2016
1XNRSTORMVVAlto pEUAL1TY
RM1Tr1NG
Southern Environmental Group, Inc. (SEG) has been retained by Pender Farm Development, LLC
(herein referred to as the "Applicant") to pursue USACE and DWR approvals, in the form of an
Individual Permit (IP) and Major Water Quality Certification (WQC) respectively. The
authorizations are necessary to facilitate the impact of 1.40 acres of jurisdictional wetlands and 0.57
acres of open water (relatively permanent waters (RPW's)). The project is located west of Highway
17 and north of Sidbury Road; Scott's Hill, Pender County, North Carolina and is locally known as
Blake Farm. The purpose of the fill is associated with road crossings; stormwater devices and minor
lot fill to facilitate the construction of a 191 Lot residential subdivision within an 1164 acre parcel
of land.
The Wilmington to Hampstead corridor is a rapidly growing area of southeastern North Carolina
With the construction of I-140 and completion of a local waste water treatment facility, the Scott's
Hill area has become a prime area for residential development. At this time few planned
residential neighborhoods with associated amenities are located within this area. The closest
subdivisions to the east are along Scott's Hill Loop Road but do not contain additional lots for
development. Whitebridge is located further north on the east side of Highway 17 but again, does
not contain additional lots. The Applicant believes there is a need for residential lots in this region
to meet current demands.
The proposed subdivision is located on 1164 acres of timber land. Wetlands present on the tract
are primarily wetflats and pocosins. These wetlands have been timbered historically where
practical and the last cut completed in approximately 2011. Ditches which run through the

property connect the wetland pockets and ultimately flow to a single discharge point along the
eastern property line. From this point a large ditch continues off the property to a tributary of
Futch Creek. The wetland hydrology is primarily rainfall and groundwater recharge. During
summer month the ditch system is normally dry and only flows during periods of heavy rainfall.
The Applicant and SEGi have explored multiple off-site and on-site alternatives that would meet
the Applicant's desired purpose and need. They are discussed within the attached IP application
and its accompanying appendices. Based on this study the proposed design appears to be the least
environmentally damaging practicable alternative.
During the design phase of the project the engineer and design team reviewed multiple layouts to
accomplish the Applicants purpose and need. Through this process it became apparent that Impact
Area H would contain the largest impact due to the NCDOT width and curve radius requirements
for Blake Farm Boulevard. For that reason the layout chosen contained only one wetland crossing
along Blake Farm Boulevard and avoided additional impacts. The Applicant also chose to avoid
impacts to the larger, high functioning wetland systems. These areas can be noted to the north and
south of SFA on the design drawings (see Attachment F).
Minimization efforts, in the form of perpendicular road crossings and reduced road heights to
eliminate fill slopes have been incorporated into the site plan. In order to minimize secondary
impacts to downstream water quality, the Applicant proposes to enhance existing ditches within
the site by creating an adjacent flood plain. This will increase storage volume and retention time
during periods of heavy rain. The increased contact time within the floodplain will allow the
natural chemical and biological processes to occur, that will protect downstream waters.
The Applicant is aware that the Corps must consider the purchase of mitigation credit from an
acceptable mitigation bank as the first form of compensatory mitigation. During our review of
mitigation options it was apparent that the high cost of purchasing mitigation credit would not be a
practicable alternative and make the project economically unfeasible. For these reasons the
Applicant intends to restore 3.0 acres of on-site wetlands for the proposed 1.40 acres of impact. The
proposed wetlands to be restored can be characterized as a Hardwood Flat using the N.C. Wetland
Assessment Method (NCWAM). The restoration of this area will be accomplished by restoring
vegetation and hydrology to an area that has been effectively drained by historic ditching. This plan
is discussed within the Application and a formal Mitigation Plan attached therein.
Proposed open water impacts (0.57 acres) will be off -set by relocating the ditches on site. As
discussed above, the relocated ditches and some existing ditches will include an additional
floodplain and buffer. This will increase the surface area in the bottom of these features and help
treat stormwater runoff improving downstream water quality. This will increase the on-site open
water acreage from 0.78 acres to 1.91 acres. A formal mitigation plan has not been proposed for the
open water impacts, however detailed profile drawings at various points providing ditch and
floodplain dimensions are attached.
Collectively these two (2) types of on-site mitigation techniques will be beneficial to the
downstream waters of Futch Creek. Futch Creek is designated as a SA (Saltwater) HQW (High
Quality Water) by the North Carolina Division of Water Resources. By increasing the acreage of
on-site wetlands via restoration and the construction of the proposed ditches with adjacent flood

plains, stormwater runoff will be retained on site -for an extended period. This will provide-_
additional time for sediment and nutrients -to be removed prior to the water reaching the
downstream portion -of Futch Creek, reducing the .sediment and nutrient load,to the lower reaches of
Futch' Creek:
It is SEGi's hope•the information found within and' attached to, this -request are adequate to process '
the authorizations without delay. However, should either of you have questions or concerns or need -
additional information,'. Wease, feel free to contact me at 910.452.2711.-
Thankyou`in-advance for your assistance with this project.
President
cc: Ms. Karen Higgins -(4 hard' copies and the $570 filing fee) : -
DWR 401 and Buffer'Unit - -
512 North Salisbury Sheet', -
9� Floor --Archdale Bldg:
Raleigh, NC 27604 -
Enclosures:, (1)
7604'Enclosures:•(1) ., ,

Part I: Project Information
Box 1 Project Name:
Applicant Name
Blake Farm
Raiford G. Trask III see Attachment B
Applicant Title
Applicant Company, Agency, etc.
Member Manager
Pender Farm Development, LLC
5315 South College Rd. Suite E. Wilmington, NC 28412
see Attachment B
Mailing Address
Applicant's internal tracking number (if any)
1202 Eastwood Road Wi minciton NC 28403
N/A
Work Phone with area oode
Home Phone with area
Fax #
E-mail Address
910-799-8755
ode
N/A
[e-mail]
Signature of applicant
Date (mm/dd/yyyy)
see Attachment C
Relationship of applicant to property:
❑ Owner ❑ Purchaser ❑ Lessee ® Other: Member Manager
Application is hereby made for a permit or permits to authorize the work as 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
proposed activities. I hereby grant to the agency to which this application is made the right to enter the
above-described location to inspect the proposed, in -progress, or completed work. I agree to start work only
after all necessary permits have been received.
Signature of applicant
Date (mm/dd/yyyy)
see Attachment C
Box 2 Authorized Agent/Operator Name and Signature: (If an agent /s acting for the app//cant
during the perm/t process)
David A. S ster
Agent/Operator Title
Agent/Operator Company, Agency, etc.
President
Southern Environmental Group, Inc.
Mailing Address
5315 South College Rd. Suite E. Wilmington, NC 28412
E-mail Address
[e-mail]
Work Phone with area code
Home Phone with area code
Fax #
Cell Phone #
910-452-2711
N/A
910-452-2899
910-443-5330
I hereby authorize the above-named agent to act in my behalf as my agent in the processing of this application and to furnish,
upon request, supplemental information in support of this pennit application. I understand that I am bound by the actions of
my agent, and I understand that if a federal or state permit is issued I or my agent, must si n the permit.
Signature of applicant
Date (mm/dd/yyyy)
see Attachment C
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.
Signature of authorized agent
Date (mm/dd/yyyy)
see Attachment C
Box 3 Name of property owner, if other than applicant:
Pender 1164, LLC (see Attachment A)
LJ Multiple Current Owners(If mu/dp/ecurrontpropertyowners, check heroand /ndudeafist InAuvdc mentA)
I Owner TitleI Owner Company, Agency, etc.
N/A Pender 1164, LLC
Page 1 of 5 Blake Farm IP Application Farm

Full Mailing Address
1202 Eastwood Road Wilmin ton, NC 28412
Work Phone with area code Home Phone with area code
910-799-8755 1 N/A
Box 4 Name of adjoining property owner, lessee, etc. whose property adjoins the
project site:
® Multiple Adjoining Property Owners/Lessees and Full Mailing Addresses orf multiple adjoInlnp
Name and Full Mailing Address:
(see Attachment D)
Box 5 Project location, including street address, city, county, state, and zip code
where proposed activity will occur:
Project is located west of NC Highway 17 and North of Sidbury Road. see Attachment E
Nature of Activity (Description of project; include all features):
Proposed activities include the filling of wetlands and Relatively Permenant Waters (RPWs) for
road crossings and residential lots. Clean earthen fill will be placed in these areas and graded
to the desired contours. Wetlands and RPWs will also be excavated for the purpose of
stormwater management devices. Please see Attachment F.
Project Purpose (Description of the reason or purpose of the project):
The purpose of this project is to construct an economically feasible residential development
with associated amenities in the Scott's Hill area and provide access to NC 17 and I-140.
Project specific design include the limited use of alleyways for rear lot entry parking and a
multi -use path for interconnectivity.
Has a delineation of waters of the U.S., including wetlands, been completed?
® Yes, in Attachment G ❑ No
If a delineation has been completed, has it been verified in writing by the USACE?
® Yes: The project area has been
reviewed by the Corps. A final JD exisits for the majority of the project and Ms. Emily Greer
has verified the remainder in the field and JD maps are currently being completed.
USACE project: SAW -2012-01624 (see Attachment G)
❑ No
Are color photographs of the existing conditions available? ® Yes [:]No
Are aerial photographs available? ® Yes ❑ No
Waterbody(ies) (if known; otherwise enter "an unnamed tributary to,): an unnamed
Tributa ies to what known downstream waterbod ies : Futch Creek see Attachment H
Latitude and longitude (Decimal Degrees at center of project):
34.3347 N 77.7647 W
USGS Quad map name(s):
Scott's Hill see Attachment H
Watershed(s) and other location descriptions, if known:
North East Cape Fear River Basin
Page 2 of 5 Blake Farm IP Application Form

Directions to the project location:
NC 17 North from Wilmington. Turn left onto Sidbury Rd in Scott's Hill and travel 0.54 miles
west to Huggins Rd/Hogans Trail (unmarked dirt road). Turn right on Huggins Rd and follow
approximately 0.66 miles. The site will be directly north and east.
Part II: Alternative(s) Analysis
Box 6 Describe the alternatives that would meet your overall project purpose in
accordance with the Clean Water Act Section 404(b)(1) guidelines to demonstrate
the proposed activity represents the least environmentally damaging practicable
alternative:
® Alternative(s) Analysis
See Attachment I
Part III: Project Impacts and Mitigation
Box 7 Reason(s) for Discharge into waters of the U.S. :
The proposed wetland impacts are for road crossings, minor lot fill and stormwater features.
Type(s) of material being discharged and the amount of each type in cubic yards:
Clean Earthen Fill = 2169 cu yd and Stormwater = 403 cu yd
Total surface area (in acres) of wetlands or other waters of the U.S. to be filled:
1.97 acres (see Attachment F)
For activities involving dredging in navigable waters of the U.S., describe the type,
composition, and quantity of the material to be dredged, the method of dredging, and the site
and plans for disposal of the dredged material:
Dredging of navigable waters is not proposed for this project.
Indicate the proposed impacts to waters of the U.S. in ACRES (for wetlands and impoundments) and LINEAR
FEET (for rivers and streams), and identify the impact(s) as permanent and/or temporary for each waterbody
type listed below. The table below is intended as a tool to summarize impacts by resource type for planning
compensatory mitigation.
IPotential indirect and/or cumulative impacts of proposed discharge (if any):
No additional indirect and/or cumulative impacts are proposed or expected at this time.
Page 3 of 5 Blake Farm IP Application Form
Permanent
Tem rary
Waterbody Type
Acres
Linear feet
Acres
Linear feet
Non -forested wetland
Forested wetland
1.40
Perennial stream
Intermittent stream
Ephemeral stream
Impoundment
Other: Open Water
0.57
Total:
1,9T
IPotential indirect and/or cumulative impacts of proposed discharge (if any):
No additional indirect and/or cumulative impacts are proposed or expected at this time.
Page 3 of 5 Blake Farm IP Application Form

Required drawings:
Vicinity map: ® In Attachment E
To -scale plan view drawing(s): ® In Attachment F
To -scale elevation and/or cross section drawing(s): ® In Attachment F
Is any portion of the work already complete? Yes E No
If yes, describe the work: N/A
Box 8 Authority:
Is Section 10 of the Rivers and Harbors Act for projects affecting navigable waters applicable?
❑ Yes ® No
Is Section 404 of -the Clean Water Act applicable? ® Yes ❑ No
Box 9 Federally Threatened or Endangered Species
Please list any federally -listed (or proposed) threatened or endangered species or critical habitat
potentially affected by the project (use scientific names (i.e., genus species), if known):
No Federally Threatened or Endangered Species will be affected by this project.
see Attachment J
Have surveys, using U.S. Fish and Wildlife Service (USFWS) protocols, been conducted?
® Yes Report in Attachment J ❑ No (explain):
If a federally -listed species would potentially be affected, please provide a description and a
biological evaluation.
❑ Yes ❑ Not attached
Has Section 7 consultation been initiated by another federal agency?
❑ Yes ® No
Has Section 10 consultation been initiated for the proposed project?
❑ Yes ® No
Has the USFWS issued a Biological Opinion?
❑ Yes ®No
If yes, list date Opinion was issued mm/dd
Box 10 Historic Properties and Cultural Resources
Please list any historic properties listed (or eligible to be listed) on the National Register of Historic
Places which the project has the potential to affect:
No historic properties are listed for the site or will be effected by the project
Has an archaeological'records search been conducted?
® Yes, Report in Attachment K ❑ No (explain):
Are any cultural resources of any type known to exist on-site?
❑ Yes ® No
Has an archaeological pedestrian survey been conducted for the site?
❑ Yes ® No
Has Section 106 or SHPO consultation been initiated by another federal or state agency?
❑ Yes ® No
Has a Section 106 MOA -been signed by another federal agency and the SHPO?
❑ Yes ® No
If yes, list date MOA was signed mm/dd
Page 4 of 5 Blake Farm IP Application Form

Box 11 Proposed Conceptual Mitigation Plan Summary
Applicant proposes combination of one or more of the following mitigation types:
❑ Miti ation Bank ® On-site ❑ Off-site Number of sites: ❑ None
Applicant proposes to purchase mitigation bank credits: ❑ Yes Z No
Mitigation Bank Name:
Number of Credits:
Indicate in ACRES (for wetlands and impoundments) and LINEAR FEET (for rivers and streams) the total quantity
of waters of the U.S. proposed to be created, restored, enhanced, and/or preserved for purposes of providing
compensatory mitigation. Indicate mitigation site type (on- or off-site) and number. Indicate waterbody type
(non -forested wetland, forested wetland, perennial stream, intermittent stream, ephemeral stream,
impoundment, other) or non -jurisdictional (uplands').
Mitigation
Site Type and
Number
Waterbody Type
Created
Restored
Enhanced
Preserved
e.g., On-site 1
Non -/%rested wetland
0.5 acre
e.g., Offi to 1
Intermittent stream
500 LF
1000 LF
On - Site
Non -Riparian
3.0
On - Site
Open Water
1.91
Tota Is:
1.91
3.0
- ror upianas, pease 1nalCaie If Oeslgnea as an upland buffer.
Summary of Mitigation Work Plan (Describe the mitigation activities listed in the table above):
The Applicant proposes to restore 3.0 acres of wetlands from the within the project area (see
Attchment L). Additionally, the Applicant proposes to off -set any open water impacts by
relocating any ditches impacted within the project to an on-site location that will be in close
proximity to the original location and maintain connectivity to downstream waters.
Provide a detailed explanation of how appropriate and practicable steps have been taken to
avoid, minimize, or mitigate, the adverse impact of the proposed project on the aquatic
ecosystem:
Throughout the planning and design phases the development team has attempted to avoid
wetlands through strategic planning and engineering. The design has utilized road and utility
corridors which impact the least amount of wetlands while conforming to local state design
requirements. In the instances where unvoidable wetland impacts are proposed, road
crossings have been designed to be as minimal as possible and cross as perpendicular as
practicable. Additionally, the majority of larger, high-quality wetlands were avoided and most
impacts are containted within smaller low -quality wetlands which are somewhat degraded by
exisiting ditches.
Has a conceptual mitigation plan been prepared in accordance with the USACE regulations and
guidelines? ® Yes, in Attachment L No(ex plain):
Mitigation site(s) latitude and longitude (Decimal USGS Quad map name(s):
Degrees at center of site): 34.33410 N 77.76046 W Scotts Hill
Page 5 of 5 Blake Farm IP Application Form

Attachment A
Pender County Tax Information

f Sake Faun — Individual Permit Application
Attachment B
Pender 1164, LLC Secretary of State Corporate Page
Pender Farm Development, LLC Secretary of State Corporate Page

Click Here To:
North Carolina
Elaine F. Marshal! DEPARTMENTOF THE
Secretary SECRETARY OF STATE
PO Box 29622 Raleigh, NC 27626-0622 [phone]
View Document Filings File an Annual Report Amend a Previous Annual Report
Print a Pre -Populated Annual Report form
Corporate Names
Legal: Pender 1164, LLC
Limited Liability Company information
Sosld:
1279145
Status:
Current -Active
Annual Report Status:
Current
Citizenship:
Domestic
Date Formed:
9/20/2012
Fiscal Month:
December
State of Incorporation:
NC
Registered Agent:
Trask Land Company, Inc
Corporate Addresses
Mailing
1202 Eastwood Rd
Wilmington, NC 28403-2012
Principal Office
1202 Eastwood Rd
Wilmington, NC 28403-2012
Reg Office
1202 Eastwood Rd
Wilmington, NC 28403-2012
Reg Mailing
1202 Eastwood Rd
Wilmington, NC 28403-2012
Company Officials
All LLCs are managed by their managers pursuant to N C G S. 5713-3-20.
Member: NDCO
511 North Tejon St , Suite 200
Colorado Springs CO 80903
Manager: Pender Farm Development, LLC
1202 Eastwood Rd
Wilmington NC 28403-2012
Account
Logi n
Register

North Carolina
Elaine F Marshall DEPARTMENT OF THE
Secretary SECRETARY OF STATE
PO Box 29622 Raleigh, NC 27626-0622 [phone] Account
Login
Click Here To: Register
View Document Filings File an Annual Report Amend a Previous Annual Report
Print a Pre -Populated Annual Report form
Corporate Names
Legal: Pender Farm Development, LLC
Limited Liability Company Information
Sosld:
1288496
Status:
Current -Active
Annual Report Status:
Current
Citizenship:
Domestic
Date Formed:
11/21/2012
Fiscal Month:
December
State of Inoorporation:
NC
Registered Agent:
Trask, Raiford , III
Corporate Addresses
Mailing
1202 Eastwood Rd
Wilmington, NC 28403-2012
Principal Office-
1202 Eastwood Rd
Wilmington, NC 28403-2012
Reg Office
1202 Eastwood Rd
Wilmington, NC 28403-2012
Reg Mailing
1202 Eastwood Rd
Wilmington, NC 28403-2012
Company Officials
All LLCs are managed by their managers pursuant to N C.G.S 57D-3-20.
Managing Member: Raiford G Trask , III
1202 Eastwood Road
Wilmington NC 28403

Attachment C
Agent Authorization

SF-Gi
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION: TR A PB 56/87 PENDER 1164 LLC
LOT NO. PLAN NO. PARCEL I.D. 3271-16-5288-0000
STREET ADDRESS: Sidbury Road
Property Owner (please print): PENDER 1164 LLC c/o Raiford Trask
The undersigned, registered property owner of the above noted property, does hereby authorize
Southern Environmental Groun, Inc. (SEGi) to act on their behalf in matters regarding areas of
environmental concern.
Property Owner's Address (if different than property above):
PENDER 1164 LLC
1202 EASTWOOD RD
WILMINGTON, NC 28403
Telephone:
We hereby certify the above i ion submitted in this application is true and accurate to the best of
our knowledge. V -j )��
Prop rty O,&'rAuttfoojizVignqAre SEGi Authorized Signature
V-a��
Print Name
S
Date
David Scibetta
Print Name
4/29/2016
Date

Attachment D
Adjacent Property Owner Information

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2012-01624 County: Pender U.S.G.S. Quad: NC-SCOTTS HILL
NOTIFICATION OF JURISDICTIONAL DETERMINATION
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Property Owner: W.S. Land Investments LLC
Mike Cook
Address: 511 North Teion Street, Suite 200
Colorado Springs, CO, 80903
Telephone Number: 719-632-1222
Size (acres) 100 Nearest Town Hampstead
Nearest Waterway Island Creek River Basin Northeast Cape Fear. North Carolina.
USGS HUC 3030007 Coordinates Latitude: 34.3378458388564
Longitude • -77.7680515090703
Location description: The property is located approximately 0.6 miles northeast of the intersection oTH-wy 17 and
Sidbury Road in Hampsicad Pender County, North Carolina (P1Ntl 3271-25-1909). The project review.area is
approximately 101 acres of land on the southern portion of the parent parcel.
Indicate Which of the Following Apply:
A. Preliminary Determination
_ Based on preliminary information, there maybe wetlands oil the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be. considered'final, a
Jurisdictional determination must be verified by the Corps. This preliminary determinatjon`is not an appealable action
under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 33)), if you wish, you may request
an approved JD (which may be appealed), by contacting the Corps district for furdwr instruction. Also, you may provide
new information for further consideration by the Corps to reevaluate the JD _
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. including wetlands on the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the waters of the U.S, including wetlandson your project area delineated. Due to the
size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a
timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any
delineation must be verified by the Corps.
X The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years,
_ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Oficial identified below on . Unless there i s a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed Five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
_-perm it -req uirements_of_Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
Page 1 of 2

published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Wilmington, NC, at [phone] to determine
their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Crystal Amschler at 910-251-4170 or
Crystal.C.Amschler(a)usace.army.m il.
C. Basis For Determination: Determination was based on review of aerial nhotoaraphy, USGS,_soils and Lidar
.mans and from observations made during the site visits. Wetlands met criteria set forth in the Corns 1987
delineation manual and the Atlantic and Gulf Coastal Plain Region Supplement. RPWs and stream channels
demonstrated an OH" as identified in the field. Wetlands are adiaceni to RPWs that flow into an unnamed
tributary of Futch Creek which is a Section 10 Water.
D. Remarks:
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site if you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room l OM 15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 1/21/2014.
**It is not necessary to submit an RFA form to the Division Office if of object to the determination in this
correspondence. *
Corps Regulatory Official: _
Date: November 19, 2013 Expiration Date: November 19, 2018

The Wilmington District is committed to providing the highest level ofsupport to the public To help us ensure we continue to
do so, please complete the attached customer Satisfaction Survey or visit hyp•//Der2 n� usace. army mil/survev.himl to
complete the survey online.
Copy furnished:
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j 5315 tiouih College Rd. Suite E
Wilmington, NC 28412
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Attachment H
Natural Resource Information
Division of Water Resources Water Classification Map
USGS Topographic Map
Soils Map
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Attachment I
Alternative Analysis

Southern Environmental Group, Inc.
5515 South College Road, jwte I— Wilmington, North Carolina 28+12
phone [phone] -Fax [phone] - Email. office@segi us
www.se s1. u s
Blake Farm Alternative Analysis
A. Off-site Alternative Analysis
A comprehensive off-site alternatives analysis has been conducted, as part of the Individual
Permit process. SEGi applied the Section 404(b)(1) guidelines by utilizing historical aerial
photography and available current land use records, to best determine if any off-site
alternatives existed.
Considering the purpose of the project specifically, the desired location being in close proximity
to Scott's Hill and have access to Highway 17 corridor, multiple sites were reviewed. These
sites were chosen for their size, access from US Highway 17 and zoning, as well as their
potential ability to accommodate the project, with accompanying infrastructure. The following
table contains the properties that were evaluated as alternative sites for the development:
Map
ID
County
Parcel ID
Property Owner
Size (AC)
1
Pender
3271-94-4437-0000
Blakes Of Scott's Hill LLC
469.89
2
Pender
3281-15-7192-0000
Corbett, Wilbur R
2921.99
3
New Hanover
R02100-001-001-002
Blake, Henry C. II
57.24
4
New Hanover
R02900-001-067-000
Skipper Family Properties, LLC
94.52
5
New Hanover
R02100-001-001-001
Seagrove, LLC
160.64
The above listed sites met at least a number of the Applicant's required criteria (i.e. in Scott's
Hill area, access to US Hwy. 17, and logistically capable of being developed). These sites and
their ability to meet the required criteria are discussed below.
1. Alternative Site 1 — Parcel ID: 3271-94-4437-0000
This site met the size for (SF -1) and location criterion but, when taking into
consideration the need to access this tract via Blake Farm Boulevard, no reduction in
wetland impacts is anticipated (i.e Impact H will still be necessary) and may increase
based on available data. This site must also be purchased which would make the
project economically not practicable. Therefore, Alternative Site 1 was rejected.
2. Alternative Site 2 — Parcel ID: 3281-15-7192-0000
This site appears to meet most of the Applicant's criteria, but a review of LIDAR and
the Pender County GIS Wetland Inventory Map reveals the need for wetland impacts,
greater than what is currently being proposed, in order to achieve the Applicant's
stated goal. Therefore, this site was rejected.

Tec rdm AItcmadvc Analys o
3. Alternative Site 3 & 4 — Parcel ID's: R02100-001-001-002 & R2900-001-067-00
In order to meet the necessary size requirement these two parcels will need to be
combined to be considered. Once combined these sites meet the location requirement
within Scott's Hill. However, it does not provide access to Highway. 17, nor is sewer
and water available at this time. In order to and utilize this site both tracts would need
to be purchased, access to Highway 17 secured and sewer and water installed. These
items all require a significant economic cost and would make the project impracticable.
Additionally, LI DAR and Wetland Inventory maps indicate the need for impacts greater
than what is being proposed and therefore, Alternative sites 3 and 4 were rejected.
4. Alternative Site 5 — Parcel IDs: R02100-001-001-001
This site, similar to Alternative Sites 3 and 4 do not have direct access to Highway 17,
do not have sewer and water available and the site must be purchased. This makes
this site infeasible, and therefore, was rejected.
B. On -Site Altematives Analysis
During the design of the project, several on-site alternatives were considered.
1. Alternative 1 — Current Proposed Design: This alternative was designed to utilize as
much of the uplands within the property as possible, while impacting the least amount of
wetlands. Alternative 1 was accepted as it was the least environmentally damaging
practicable alternative.
2. Alternative 2 — Re -alignment of Blake Farm Boulevard to reduce or eliminate Impact H
was considered. However due to NCDOT's required turning radius all attempts to re-
duce or eliminate Impact H resulted in a similar or larger impact elsewhere. Therefore
Alternative 2 was rejected due to a similar or increased amount of wetland impacts.
3. Alternative 3 — Minimizing the impact areas by eliminating road crossings or impacts to
RPW's: This alternative was considered, but due to the size and location of both wet-
lands and RPWs within the property, additional minimization was not practicable and
this Alternative was rejected.
Based on the results of the on-site and off-site Alternative Analysis, it is apparent that on-site
Alternative 1 is the least environmentally damaging practicable alternative.

Appendix J
Threatened and Endangered Species Study

Blake Farm SF -1
Threatened and Endangered Species Report
USACOE Action ID#: 2012-01624
Prepared for:
Ms. Emily Greer
Project Manager, Regulatory Division
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, North Carolina 28403
Prepared By:
Mr. Raiford Trask III
Pender Farm Development LLC
1202 Eastwood Road
Wilmington, NC 28403
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
[phone]
May 2016

1.0 Introduction
This Endangered Species Report has been prepared as part of an IndivI'dual Permit (IP) application to the
U.S. Army Corps of Engineers, in order to determine whether protected species are located within the
subject site, herein referred to as Blake Farm SF -1.
2.0 Site Location
This Endangered Species Report is being prepared for one (1) Pender County parcel. The parcel ID
associated with Blake Farm SF -1 is 3271-16-5288-0000. The parcel is shown below and the project area
indicated by a red border:
Figure I: Aerial photo ofproject area
The 137 -acre project site is located west of NC7 in Scotts Hill, North Carolina. Entrance into the site can
be found off Hogan's Trail, which is off Sidbury Road, south of the site.
3.0 Site Description
The project are can be characterized as silvicultural land with areas intermingled with high pocosin and
hardwood flat wetlands, comprised of mixed hardwoods including comprised of hardwood tree species
including various oaks (examples: laurel oak [Quercus laurifolia], swamp chestnut oak [Quercus
inichauxii]), swamp gum (Nyssa aquatica), green ash (Fraxinus pennsylvanica), sweet gum (Liquidainbar
styraciflua), red maple (Acer rubrum), and tulip poplar (Liriodendron tulipifera).and bay trees in the
genera Persea, Gordonia, and Magnolia, along with understory species including tall gallberry (Ilex
coriacea), titi (Cyrilla racenziflora), and fedder bush (Lyonia lucida).

4.0 Protected Species
According to the U.S. Fish and Wildlife Service (USFWS) Endangered Species website and data taken
from their IPaC Trust Resources Report (see attached), 17 protected species are known to occur in Pender
County; From review of the habitat requirements of the listed plants and animals from Pender County, it
was determined that there is the potential for occurrence of 5 of the listed species within the Blake Farm
SF -1. The listed species include: the red -cockaded woodpecker (Picoides borealis); American chaffseed
(Schwalbea americana); Cooley's meadowrue (7halictrum cooleyi); golden sedge (Carex lutea); and the
rough -leaved loosestrife (Lysimachia asperulaefoba).
5.0 Investigative Methods
We sent an information request to the N.C. Natural Heritage Program (NCNHP), to get information on
the distribution of rare animals, rare plants, natural communities, Significant Natural Heritage Areas,
Dedicated State Nature Preserves, and Registered Heritage Areas, within and adjacent to the project area
(see attached)
Our firm has conducted extensive on-site field investigations for wetlands and protected species by
experienced biologists within all parts of the project area during all periods of the year.
6.0 Baseline Information on the Listed Species
6.1 Red -cockaded woodpecker
For nesting/roosting, this species needs open stands of pine containing trees 60 years old and
older. These birds need older, live pines, in which they excavate their cavities. Longleaf pines
are most commonly used, but other species of southern pine, such as pond pine (Pinus serotina)
are also acceptable. Dense stands (stands that are primarily hardwoods, or that have a dense
hardwood understory) are avoided. Generally, foraging habitat is found in pine and pine -
hardwood stands, with trees 30 years old and older, with foraging preferences for pine trees 6
inches or larger in DBH. In good, moderately stocked pine habitat, sufficient foraging substrate
can be found on 80 to 125 acres.
6.2 American chaffseed
According to the U.S. Fish and Wildlife Service, American chaffseed occurs in sandy (sandy
peat, sandy loam), acidic, seasonally moist to dry soils. It is generally found in habitats described
as open, moist pine flatwoods, fire -maintained savannas, ecotonal areas between peaty wetlands
and xeric sandy soils, and other open grass -sedge systems. Chaffseed is dependent on factors
such as fire, mowing, or fluctuating water tables to maintain the crucial open to partly -open
conditions that it requires. Historically, the species existed on savannas and pinelands throughout
the coastal plain and on sandstone knobs and plains inland where frequent, naturally occurring
fires maintained these sub -climax communities. Under these conditions, herbaceous plants such
as Schwalbea were favored over trees and shrubs.
Most of the surviving populations, and all of the most vigorous populations, are in areas that are
still subject to frequent fire._ These fire -maintained habitats include plantations where prescribed
fire is part of a management regime for quail and other game species, army base impact zones
that burn regularly because of artillery shelling, forest management areas that are burned to
maintain habitat for wildlife, including the endangered red -cockaded woodpecker, and various
other private lands that are burned to maintain open fields. Fire may be important to the species in
'htt12://www fws.gov/raleigh/si)ecies/cnlylist/Dender.htrnl

ways that are not yet understood, such as for germination of seed, or un the formation of the
connection to the host plant.
6.3 Cooley's meadowrue
According to the U.S. Fish and Wildlife Service, Cooley's meadowrue occurs in moist to wet
bogs and savannas. It grows along fire plow lines, roadside ditches, woodland clearings, and
power line rights-of-way, and needs some type of disturbance to maintain its open habitat. Plants
often found growing with the meadowrue include tulip poplar growing with cypress and/or
Atlantic white cedar (Leonard 1987).
6.4 Golden Sedge
Golden sedge grows in sandy soils overlying coquina limestone deposits, where the soil pH is
unusually high for this region, typically between 5.5 and 7.2. Soils supporting the species are
very wet to periodically shallowly inundated. The species prefers the ecotone (narrow transition
zone between two diverse ecological communities) between the pine savanna and adjacent wet
hardwood or hardwood/conifer forest. Most plants occur in the partially shaded savanna/swamp
where occasional to frequent fires favor an herbaceous ground layer and suppress shrub
dominance. Other species with which this sedge grows include tulip poplar (Driodendron
tulipifera), pond cypress (Taxodium ascendens), red maple (Acer rubrum), wax myrtle (Morella
cerifera), colic root (Aletris fannosa), and several species of beakrush (Rhynchospora spp.). At
most sites, golden sedge shares its habitat with Cooley's meadowrue and with Thorne's beakrush
(Rhynchospora thornei), a species of concern in N.C.
6.5 Rough -leaved loosestrife
This species generally occurs in the ecotones or edges between long leaf pine uplands and pond
pine pocosins (areas of dense shrub and vine growth usually on a wet, peaty, poorly drained soil)
(Barry 1980), on moist to seasonally saturated sands and on shallow organic soils overlaying
sand. Rough -leaved loosestrife has also been found on deep peat in the low shrub community of
large Carolina bays (shallow, elliptical, poorly drained depressions of unknown origin)
(Matthews et al., 1980). The grass -shrub ecotone, where rough -leaved loosestrife is found, is
fire -maintained, as are the adjacent plant communities (long leaf pine - scrub oak, savanna,
flatwoods, and pocosin). Suppression of naturally -occurring fire in these ecotones results in
shrubs increasing in density and height and expanding to eliminate the open edges required by
this plant.
7.0 Findings
7.1 Red -cockaded woodpecker
There is one NCNHP records of occurrence of red -cockaded woodpeckers within 1 mile of the
project limits. There are no cavity trees identified within the limits of the project. It is our opinion
that the proposed construction is not likely to adversely impact foraging resource or affect any of
the adjacent nest colonies of red -cockaded woodpeckers. No RCW nests, cavities, or starts were
observed on Blake Farm SF -1 or within 0.5 mile of the site. Thus, no impact to foraging resources
of the red -cockaded woodpeckers will occur, as a result of construction of Blake Farm SF -1.
7.2 American chaffseed
There are small sandy ridges interspersed throughout the tract. However, the dominant soil type
within the project area is a mineral based sandy loam. The site has remained overgrown, been

managed for timber for a very long period of time, and lacks the frequent fires needed by this
plant. There is a maintained power line R.0 W. within the tract, however, this is not ever
subjected to fire because of the danger of damage to the lines. There are several area of hardwood
flat wetlands, and are severely overgrown and shaded, making these areas unsuitable for this
plant. No American chaffseed was found during site surveys. Thus, it is anticipated that no impact
to the American chaffseed will occur, as a result of construction of Blake Farm SF -1.
7.3 Cooley's meadowrue
There majority of the project area, which has been managed for timber for many years, which in
this type of habitat, remained densely vegetated with waxy shrubs until harvest, and is rarely
burned. There is a maintained power line R.O.W. within the tract. This area has one small
wetland margin that is suitable for this plant, however, no plants were observed. The margins of
the on-site hardwood flat wetlands are generally overgrown, and have only recently been exposed
by timber and mowing activity. No Cooley's meadowrue was found during site surveys. Thus, no
impact to the Cooley's meadowrue will occur, as a result of construction of Blake Farm SF -1.
7.4 Golden Sedge
All of the wetland margins have been long overgrown, and lack the frequent fires needed to
maintain its preferred habitat. There is a maintained power line R.O.W. within the tract, however,
this is not ever subjected to fire because of the danger of damage to the lines. The soils in the
project area do not match the type that supports healthy local populations of golden sedge in
Pender County. No golden sedge was found during site surveys. Thus, impact to the golden sedge
is not anticipated to occur, as a result of construction of Blake Farm SF -1.
7.5 Rough -leaved loosestrife
There are small sandy ridges interspersed throughout the tract. The site has remained overgrown,
been managed for timber for a very long period of time, and lacks the frequent fires needed by
this plant. There is a maintained power line R.O.W. within the tract, however, this is not ever
subjected to fire because of the danger of damage to the lines. There are several area of hardwood
flat wetlands, and are severely overgrown and shaded, making these areas unsuitable for this
plant. No rough -leaved loosestrife was found during the site survey. No impact to the rough -
leaved loosestrife will occur as a result of construction of Blake Farm SF -1.
6.0 Summary
Blake Farm SF -1 was evaluated to determine the presence or absence of protected plant and animal
species, namely the red -cockaded woodpecker, American chaffseed, Cooley's meadowrue, golden sedge,
and the rough -leaved loosestrife. There were no red -cockaded woodpecker cavity trees or starts found
with the limits of Blake Farm SF -1, nor within 0.5 mile of its project boundaries. Thus, it is anticipated
that impact to woodpecker cavity trees, starts, or foraging resources will not occur as a result of
construction of Blake Farm SF -1. The site has remained overgrown, been managed for timber for a very
long period of time, and lacks the frequent fires needed by many of the listed plants. Therefore, the
preferred habitat of the listed plant species is not found within the limits of the project site. In addition,
none of the protected plants were found within Blake Farm SF -1 site. With that, it is anticipated that no
impact to American chaffseed, Cooley's meadowrue, golden sedge, or the rough -leaved loosestrife will
occur as a result of construction of Blake Farm SF -1.

Appendix A
USFWS and NCNHP Letters of Findings

NORTH CAROLINA DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
Pat McCrory Bryan Gossage Susan Kluttz
Governor Executive Director Secretary
Clean Water Management Trust Fund
NCNHDE-1561
May 2, 2016
David Scibetta
Southern Environmental Group, Inc.
5315 South College Road Suite E
Wilmington, NC 28412
[e-mail]
RE: Blake Farm SF -1 Project; 05-159.01
Dear David Scibetta:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information
about natural heritage resources from our database that have been compiled for the project referenced
above
A query of the NCNHP database, based on the project area mapped with your request, indicates that there
are no records for rare species, important natural communities, natural areas, or conservation/managed
areas within the proposed project boundary. Please note that although there may be no documentation of
natural heritage elements within the project boundary, it does not imply or confirm their absence; the area
may not have been surveyed. The results of this query should not be substituted for site-specific surveys
where suitable habitat exists. In the event that rare species are found within the project area, please contact
the NCNHP so that we may update our records.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that have
been documented within a one -mile radius of the property boundary. The proximity of these records
suggests that these natural heritage elements may potentially be present in the project area if suitable
habitat exists and is included for reference.
Tables of natural areas and conservation/managed area within a one -mile radius of the project area, if any,
are also included in this report. The location of the natural areas and conservation/managed areas can be
viewed online on the Natural Heritage Data Explorer found at: haps://ncnhde.natureserve.or4/.
Please note that natural heritage element data are maintained for the purposes of conservation planning,
project review, and scientific research, and are not intended for use as the primary criteria for regulatory
decisions. Information provided by the NCNHP database may not be published without prior written
notification to the NCNHP, and the NCNHP must be credited as an information source in these publications.
Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature
Preserve (DNP), Registered Heritage Area (RHA), or Federally -listed species are documented near the
project area.
If you have questions regarding the information provided in this letter or need additional assistance, please
contact John Finnegan at john.finnegan@ncdcr.g_ov or 919.707.8630.
Sincerely,
NC Natural Heritage Program
Page 1 of 4

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Blake Farm SF -1 Project
IPaC Trust Resources Report
Generated May 02, 2016 01 42 PM MDT, IPaC v3.0 2
This report is for informational purposes only and should not be used for planning or
analyzing project level impacts. For project reviews that require U.S. Fish & Wildlife
Service review or concurrence, please return to the IPaC website and request an official
species list from the Regulatory Documents page.
IPaC - Information for Planning and Conservation (hips://ecos.fws.gov/ice , A project planning tool to help
streamline the U.S. Fish & Wildlife Service environmental review process

Table of Contents
IPaC Trust Resources Report ............... I........................................
ProjectDescription..............................................................
Endangered Species............................................................
MigratoryBirds.................................................................
Refuges & Hatcheries...........................................................
Wetlands.....................................................................
1
1
2
5
9
10

U.S. Fish & Wildlife Service WAMC
IPaC Trust Resources Report .
NAME
Blake Farm SF -1 Project
LOCATION
Pender County, North Carolina
IPAC LINK
hips://ecos.fws.gov/i ac/ roi I
5J5BI-X6GGJ-HYHGY-H2GS5-OXXNNI
U.S. Fish & Wildlife Service Contact Information
Trust resources in this location are managed by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]

IPaC Trust Resources Report
Endangered Species
Endangered Species
Proposed, candidate, threatened, and endangered species are managed by the
Endangered Species Program of the U.S. Fish & Wildlife Service.
This USFWS trust resource report is for informational purposes only and should
not be used for planning or analyzing project level impacts.
For project evaluations that require USFWS concurrence/review, please return to the
IPaC website and request an official species list from the Regulatory Documents
section.
Section 7 of the Endangered Species Act requires Federal agencies to "request of the
Secretary information whether any species which is listed or proposed to be listed may
be present in the area of such proposed action" for any project that is conducted,
permitted, funded, or licensed by any Federal agency.
A letter from the local office and a species list which fulfills this requirement can
only be obtained by requesting an official species list either from the Regulatory
Documents section in IPaC or from the local field office directly.
The list of species below are those that may occur or could potentially be affected by
activities in this location:
Birds
Piping Plover Charadrius melodus Threatened
CRITICAL HABITAT
There is final critical habitat designated for this species.
htto://ecos.fw4,gov/tes_ubli / rn ofile/speciesProfile.action?spcode=B079
Red Knot Calidns canutus rufa Threatened
CRITICAL HABITAT
No critical habitat has been designated for this species.
htto://ecos.fws.9ovnes publi i/ rop rile/speciesProfile.action?spcode=BODM
Red -cockaded Woodpecker Picoldes borealis Endangered
CRITICAL HABITAT
No critical habitat has been designated for this species.
httpl//ecos.fws.poy/tess public/ rn ofile/sneciesProfile action?sncode=B04F
5/2/2016 1.42 PM IPaC 0 0 2 Page 2

IPaC Trust Resources Report
Endangered Species
Fishes
Atlantic Sturgeon Acipenser oxyrinchus oxyrinchus
CRITICAL HABITAT
No critical habitat has been designated for this species.
http //ecos fws goy/tess public/ roa file/species Profile action?spcode=EOA7
Shortnose Sturgeon Acipenser brevirostrum
CRITICAL HABITAT
No critical habitat has been designated for this species.
http.//ecos.fws.gov/tes_ubli rofil /speciesProfiile action?spcode=E00B
Flowering Plants
American Chaffseed Schwalbea americana
CRITICAL HABITAT
No critical habitat has been designated for this species
http.//ecos.fws.gov/tess public/ ron file/speciesProfile action?spcode=0214
Cooley's Meadowrue Thalictrum cooleyi
CRITICAL HABITAT
No critical habitat has been designated for this species.
hhtp•//ecos fws govhess public/profile/speciesProfile action?spcode=0231
Golden Sedge Carex lutea
CRITICAL HABITAT
There is final critical habitat designated for this species
hip:// . o .fw .goy/tess public/ rop file/speciesProrile action?spcode=O3HD
Rough -leaved Loosestrife Lysimachia asperulaefolia
CRITICAL HABITAT
No critical habitat has been designated for this species
http•//ecos fws g / e s public/profile/species Profile action?spcode =Q2 D F
Seabeach Amaranth Amaranthus pumilus
CRITICAL HABITAT
No critical habitat has been designated for this species.
http.#ecos.fws.go /t ss public/ rorp fil "/speciesProfile action?spcode=O2MZ
Mammals
West Indian Manatee Trlchechus manatus
CRITICAL HABITAT
There is final critical habitat designated for this species.
http//ecos fws govttess public/profile/speciesProfile action?spcode=A007
5/2/2016 1 42 PM IPaC v3 0 2
Endangered
Endangered
Endangered
Endangered
Endangered
Endangered
Threatened
Endangered
Page 3

IPaC Trust Resources Report
Endangered Species
Reptiles
American Alligator Alligator mississlpplensis
CRITICAL HABITAT
No critical habitat has been designated for this species.
http //ecos fws gov/tess publiciprofle/speciesprofile action?speode=C000
Green Sea Turtle Chelonia mydas
CRITICAL HABITAT
There is final critical habitat designated for this species.
httpe//ecos.fws.gov/tens nuhlic/ rofil /sneciesProfile action?s cgcood = 00
Hawksbill Sea Turtle Eretmochelys imbricata
CRITICAL HABITAT
There is final critical habitat designated for this species
http•//ecos fws gov/tess p is ofile/sMiesProfile action?spcode COOE
Kemp's Ridley Sea Turtle Lepidochelys kempii
CRITICAL HABITAT
No critical habitat has been designated for this species
hhttpl// os.fws.coy/tess public/ ron file/.sneciesProrile action?spcode=C00O
Leatherback Sea Turtle Dermochelys coriacea
CRITICAL HABITAT
There is final critical habitat designated for this species.
http•//ecos fws goy/tess public/profile/speciesProfile action?spcode COOF
Similarity of Appearance (Threatened)
Loggerhead Sea Turtle Caretta caretta
CRITICAL HABITAT
There are both final and proposed critical habitat designated for this species.
hap iff . o , fws, goy/tens public/ ron rile/species Profile action?spcode-0000
Critical Habitats
There are no critical habitats in this location
Threatened
Endangered
Endangered
Endangered
Threatened
5/2/2016 1 42 PM IPaC 0 0 2 Page 4

IPaC Trust Resources Report
Migratory Birds
Migratory Birds
Birds are protected by the Migratory Bird Treaty Act and the Bald and Golden Eagle
Protection Act.
Any activity that results in the take of migratory birds or eagles is prohibited unless
authorized by the U.S. Fish & Wildlife Service.111 There are no provisions for allowing
the take of migratory birds that are unintentionally killed or injured.
Any person or organization who plans or conducts activities that may result in the take
of migratory birds is responsible for complying with the appropriate regulations and
implementing appropriate conservation measures.
1. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
Additional information can be found using the following links:
• Birds of Conservation Concern
Conservation measures forbirds
• • '. "h
0 Year-round bird occurrence data
akn-histogram-tools.12 •
The following species of migratory birds could potentially be affected by activities in this
location:
American Kestrel Falco Sparverius paulus Bird of conservation concern
Year-round
American Oystercatcher Haematopus palllatus Bird of conservation concern
Year-round
http./lecos.fws.uoy/tess publi / roril /%peciesProfile action?spcode-BOGS
American Bittern Botaurus lentiginosus Bird of conservation concern
Season Wintering
htto:// o .fws.90 / t nublic/ rofile/s=iesProfile action?spcod -BOF
Bachman's Sparrow Aimophila aestivalis Bird of conservation concern
Year-round
htto,/ - o .fw gov/tess publi / rofil /cr iesProfil a tion pcode B07F
5/2/2016 1 42 PM IPaC v3 0 2 Page 5

IPaC Trust Resources Report
Migratory Birds
Bald Eagle Haliaeetus leucocephalus
Bird of conservation concern
Year-round
http://ecos.fw,; gov/tess publi ! onr file/soec.ipsProfile action?spcode-BOOR
Black Rail Lateral lus jamaicensls
Bird of conservation concern
Season. Breeding
btLo://ec�sgov/tens public/ rofil / neciesProfile action?spcode=BO9A
Black Skimmer Rynchops niger
Bird of conservation concern
Year-round
htto://ecos.fws go /�te�publ / rofil /speciesProfile action?spcode=BOFO
Black -throated Green Warbler _Dendroica virens
Bird of conservation concern
Season. Breeding
Brown -headed Nuthatch Sltta pusilla
Bird of conservation concern
Year-round
Chuck -will's -widow Caprimulgus carolinensis
Bird of conservation concern
Season- Breeding
Fox Sparrow Passerella illaca
Bird of conservation concern
Season. Wintering
Gull -billed Tern Gelochelidon nilotica
Bird of conservation concern
Season: Breeding
http://ecos.fws gov/cess public/profrle/sneciesProfile action?spcode=BOJV
Henslow's Sparrow Ammodramus henslowii
Bird of conservation concern
Season- Wintering
bttn://ecos.fws.govtt spubli rofrl / neciesProfile action?spcade=B09D
Least Bittern lxobrychus exilis
Season- Breeding
htLn://ecos.fws.gov/tes public/ ron file/sneciesProfile action?spcode-8092
Least Tern Sterna antlllarum
Bird of conservation concern
Season Breeding
Lesser Yellowlegs Tringa flavipes
Bird of conservation concern
Season: Wintering
htto://ec=os_.fws.s.govhess public/ rofil / oeciesProfile action?spcode-ROM D
Loggerhead Shrike Lanius ludovicianus
Bird of conservation concern
Year-round
htto.//ec_ osfws.go ss publi / rofil / neciesProfile action?spcode-BOFY
Marbled Godwit Limosa fedoa
Bird of conservation concern
Season: Wintering
htto:// o fws.govhP s public/ rofil / peciesProfil a don?spcode=BOJL
Nelson's Sparrow Ammodramus nelsoni
Bird of conservation concern
Season: Wintering
5/2/2016 1 42 PM IPaC v3 0 2
Page 6

IPaC Trust Resources Report
Migratory Birds
Painted Bunting Passerina ciris Bird of conservation concern
Season. Breeding
Peregrine Falcon Falco peregrinus Bird of conservation concern
Season. Wintering
http:// -os fws goy/tess,Rubli /ron fle/species Profile action?spcode-BOFLI
Prairie Warbler Dendroica discolor Bird of conservation concern
Season- Breeding
Prothonotary Warbler Protonotarla citrea Bird of conservation concern
Season Breeding
Purple Sandpiper Calidrls maritlma Bird of conservation concern
Season- Wintering
Red Knot Calldris canutus rufa Bird of conservation concern
Season- Wintering
hht n.//ecos,fws.go /te , �bli / ron file/speciesProfiile action?spcode=BODM
Red-headed Woodpecker Melanerpes erythrocephalus
Bird of conservation concern
Year-round
Rusty Blackbird Euphagus carolinus
Bird of conservation concern
Season Wintering
Saltmarsh Sparrow Ammodramus caudacutus
Bird of conservation concern
Season: Wintering
Seaside Sparrow AmmodramuS maritlmus
Bird of conservation concern
Year-round
Sedge Wren Clstothorus platensis
Bird of conservation concern
Season: Wintering
Short -billed Dowiteher Limnodromus griseus
Bird of conservation concern
Season- Wintering
http•pecos fws gov/tess public/profile/species Profile action?spcode-BOJK
Short -eared Owl Asio flammeus
Bird of conservation concern
Season: Wintering
hht p:// cos.fws-po /v te,; ublic/ ron file/species Profile action?spcode-ROH D
Swainson's Warbler Llmnothlypis swainsonll
Bird of conservation concern
Season- Breeding
Whimbrel Numenius phaeopus
Bird of conservation concern
Season: Wintering
http-//ecos fws govhess2 ublic p or file/speciesProfile action?spcode-BOJN
Wilson's Plover Charadrius wilsonia Bird of conservation concern
Season- Breeding
Wood Thrush Hylocichla mustelina Bird of conservation concern
Season- Breeding
Worm Eating Warbler Helmitheros vermivorum Bird of conservation concern
Season. Breeding
5/2/2016 1 42 PM IPaC Q 0 2 Page 7

IPaC Trust Resources Report
Migratory Birds
Yellow Rail Coturnicops noveboracensis Bird of conservation concern
Season: Wintering
htLp*//ecos.fws.govAess p ublic/ rofil /sneciesProrile action?spcode=BOJG
5/2/2016 1.42 PM IPaC v3 0 2 Page 8

IPaC Trust Resources Report
Refuges & Hatcheries
Wildlife refuges and fish hatcheries
There are no refuges or fish hatcheries in this location
5/2/2016 1 42 PM IPaC v3 0 2 Page 9

IPaC Trust Resources Report
Wetlands
Wetlands in the National Wetlands Inventory
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under
Section 404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army
Corps of Engineers District.
DATA LIMITATIONS
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information
on the location, type and size of these resources The maps are prepared from the analysis of high altitude imagery
Wetlands are identified based on vegetation, visible hydrology and geography A margin of error is inherent in the use
of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland
boundaries or classification established through image analysis
The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts,
the amount and quality of the collateral data and the amount of ground truth verification work conducted Metadata
should be consulted to determine the date of the source imagery used and any mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be
occasional differences in polygon boundaries or classifications between the information depicted on the map and the
actual conditions on site.
DATA EXCLUSIONS
Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial
imagery as the primary data source used to detect wetlands These habitats include seagrasses or submerged
aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters
Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory.
These habitats, because of their depth, go undetected by aerial imagery,
DATA PRECAUTIONS
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a
different manner than that used in this inventory There is no attempt, in either the design or products of this
inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the
geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities
involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or
local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such
activities
Wetland data is unavailable at this time.
5/2/2016 1.42 PM IPaC Q 0 2 Page 10

b kc f arvLA l&Yuaf f el mit Apphcoo
Appendix K
Historic Properties (SHPO) and Archaeological Resources
SE-Gi (i) -I

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M Bartos, Administrator
Governor Pat McCrory
Secretary Susan Kluttz
May 19, 2016
Raiford Trask III
Pender Farm Development, LLC
1202 Eastwood Road
Wilmington, NC 28403
Office of Archives and History
Deputy Secretary Kevin Cherry
Re. Develop Blake Farm SF -1 Residential Subdivision, Off US 17, Scotts Hill, Pender County,
ER 16-0802
Dear Mr. Trask:
Thank you for your submission of May 5, 2016, concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or
enviromnental.review(@ncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
643KRamona M. Banos
Location 109 East Jones Street, Raleigh NC 27601 Mailing Address 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax- [phone]/807-6599

glace Farm — Individual Permit Application
Attachment L
On -Site Mitigation Plan

�J11�Cf�A7i-'17 �l
r �+fir
r
n r
SEGS
Blake Farm SF -1
Wetland Restoration Plan
USACOE Action ID#: 2012-01624
Prepared for:
Ms. Emily Greer
Project Manager, Regulatory Division
U.S. Army Corps of Engineers, Wilmington District
69 Darlington Avenue
Wilmington, North Carolina 28403
Prepared By:
Mr. Raiford Trask III
Pender Farm Development, LLC
1202 Eastwood Road
Wilmington, NC 28403
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
[phone]
May 2016

Introduction
Southern Environmental Group, Inc. (SEGi) has been retained by Pender Farm Development, LLC (herein
referred to as the "Applicant") to pursue USACE and DWR approvals, in the form of an Individual Permit (IP)
and Major Water Quality Certification (WQC) respectively. The authorizations are necessary to facilitate the
impact of 1.48 acres of jurisdictional wetlands and 0.57 acres of relatively permanent waters (RPW's). The
project is located west of Highway 17 and north of Sidbury Road, Scott's Hill, Pender County, North Carolina
and is locally known as Blake Farm. The purpose of the fill is primarily associated with road crossings,
stormwater devices and minor lot fill associated with the construction of a residential subdivision. As
compensation for these unavoidable impacts, the Applicant proposes to restore an approximately 3 acre area of
wetlands, previously drained by historic drainage ditches.
Background
The Wilmington to Hampstead corridor is a rapidly growing area of eastern North Carolina. With the construction
of 1-140 and waste water treatment facility the Scott's Hill area has become a prime area for residential
development. At this time few planned residential neighborhoods with associated amenities are located within this
area. The closest subdivisions to the east are along Scott's Hill Loop Road but do not contain additional lots for
development. Whitebridge is located further north on the east side of Highway 17 but again does not contain
additional lots. The Applicant believes there is a need for residential lots in this region to meet current demands.
Wetlands present on the project site are primarily wet flats and pocosins. These wetlands have been timbered
historically where practical with the last cut in approximately 2011. Ditches which run through the property
connect tlhe wetland pockets and ultimately flow to a single discharge point along the eastern property line. From
this point a large ditch continues off the property to a tributary of Futch Creek. The wetland hydrology is
primarily fed by rainfall and groundwater recharge. During summer month the ditch system is normally dry and
only flows during periods of heavy rainfall. The proposed mitigation site is along the southeast property line (see
attached map).
Mitigation Site Conditions
Hydrology
The primary source of water of the wetland/upland matrix in the vicinity of the proposed mitigation area is a high
water table resulting from precipitation and overland runoff. The area to be restored has been effectively drained
by the historic ditching. The proposed restoration area contains both hydrophytic vegetation and hydric soils, but
is missing the necessary hydrology or any hydrologic indicators to be considered jurisdictional wetlands.
Vegetation
The wetlands in the vicinity of the proposed wetland restoration area can be characterized as a Hardwood Flat,
using the N C. Wetland Assessment Method (NCWAM) dichotomous key. These areas are typically comprised of
hardwood tree species including various oaks (examples: laurel oak [Quercus laurrfoha], swamp chestnut oak
[Quercus michauxii]), swamp gum (Nyssa aquatrca), green ash (Frmanus pennsylvanica), sweet gum
(Lrquidambar styraci,Jlua), red maple (Acer rubrum), and tulip poplar (Liriodendron tulipifera).
Soils
Soil types mapped within the vicinity of the impacts are Rains fine sandy loam and Woodington fine sandy loam.
According to the Soil Survey of Pender County, North Carolina, the Rains series consists of poorly drained soils
'Soil Survey of Pender County, North Carohna

on the uplands. Included with this soil in mapping are small intermingled areas of Woodington, Liddell,
Grantham, and Grifton soils.
The Woodington series is a poorly drained soil found on broad, smooth, interstream areas and in depressions near
waterways. Included with this soil in mapping are small intermingled areas of Rants, Liddell, Grantham, and
Torhunta soils.
The majority of the soils within the delineated wetlands, and in the regions of the impacts and proposed wetland
restoration site, appear to correspond with the soils mapping and their corresponding soil inclusions.
Proposed Restoration Activity
Hydrology
The Applicant proposes to construct an earthen berm on the downstream edge of the area to be restored, and along
the adjacent property boundary, to prevent hydrologic trespass. This berm will go from one existing wetland to
the other, in a perpendicular orientation to the ditch that has drained the proposed restoration area (see attached
sketch). A flashboard riser -type weir structure (see attached example) will be placed in the ditch to maintain a
bank full 'condition within the ditch through the proposed mitigation area, which should effectively restore the
hydrology within the surrounding previously drained wetlands.
The proposed restoration area has been recently timbered and bush hogged within the last several years. The
applicant proposes to mow the areas impacted by logging and replant with hardwood species such as laurel oak,
swamp chestnut oak, and green ash.
Vegetation
The site will be planted with a variety of native hardwood tree species (see table below). The trees will be bare
root seedlings, and should be planted on 10 foot centers. Species will not be clumped together.
Species
Common Name
Number to be Planted
Quercus michauxii
Swamp Chestnut Oak
200
Quercus laurrfoha
Laurel Oak
200
Quercus nigra
Water Oak
200
Taxodium distrchum
Bald Cypress
200
Froxinus pennsylvanica
Green Ash
300
Linodendron tullpifera
Tulip Poplar
200
Total
1,300
Monitoring and Success Criteria
The proposed success criteria for a viable wetland system will be based on the presence of hydrophytic vegetation
and wetland hydrology, described in the 1987 USACE Wetland Delineation Manual and the Atlantic and Gulf
Coast Supplement. Site monitoring for wetland compensatory mitigation projects shall occur for seven years
post -construction. Monitoring reports shall be completed for all seven years and provided to the Corps of
Engineers for review no later than April 1 of the year following the monitoring. The site will be considered
successful after two consecutive successful monitoring years following year two. This would equate to year four
monitoring as the first year the mitigation site could be deemed successful

Permanent plots to sample vegetation will be randomly located in the target community. Plot sizes for the
determination of stem density and vigor (height) shall be a minimum of 0.02 acre in size, and should typically be
square or rectangular. The monitoring plots shall make up a minimum of 2% of the planted portion of the site with
a minimum of 4 plots. The permittee will provide a map depicting the limits of all vegetative sampling areas to
the agencies. The amount and location of the sampling plots will be submitted for approval, prior to planting any
shrubs or trees. Upon initial establishment of vegetation plots (as -built baseline/year 0), the plot corners shall be
identified in the field with markers, the plot shall be divided into a grid pattern and each planted stem shall be
identified for future monitoring according to its grid location within the plot. A permanent photo station will be
established at each plot to document changes over time.
Vegetative Success
The success of wetland vegetation planting for the restored wetland area will be gauged by stem counts of planted
species, within the mitigation area. Species survival must meet or exceed 320 three year old planted stems, after
three years, 260 five year old trees, after five years, and 210 seven year old trees at year seven. No single planted
or volunteer species shall comprise more than 50% of the total composition within any plot at year three, year
five, or year seven.
Vegetation planting/replanting shall be conducted between November 15 and March 15. Vegetation monitoring
shall be conducted between July 10 and leaf drop. Planted vegetation must be in the ground for at least 180 days
prior to the initiation of the first year of monitoring. Planted vegetation in each plot must average 7 feet in height
at year five and 10 feet in height at year seven.
Hydrology
The minimum requirement to meet hydrology success criteria for all created and restored wetland areas will be
saturation within the upper 12 inches of the soil for 12.5 % of the growing season.
Hydrologic monitoring wells will be installed in accordance with the document entitled, "Technical Standard for
Water Table Monitoring of Potential Wetlands Sites", dated June 2005. At this time, the Permittee proposes to
place 2 monitoring wells across the project site.
Soils
The soils within the proposed mitigation area are mapped as Rains fine sandy loam, and currently exhibit some
hydric soil indicators. After hydrology is restored, additional hydric soil indicators will likely appear. As the soils
are existing hydric soils, success of the mitigation site will not be dependent on hydric soil indicators.
Contingency Plan
In the event the site does not perform as expected, the following management strategy will be implemented.
1. During the monitoring period, if the vegetation is not establishing as planned, supplemental planting will
be conducted as needed.
2. If the hydrology is insufficient to meet the criteria for wetlands at any time during the monitoring period,
the flashboard system will be adjusted as needed.
3. If the site fails to satisfy all requirements as outlined in the approved mitigation plan, an additional on-site
mitigation area will be proposed or payment will be made to an in -lieu fee program or a mitigation bank
for the portion of the mitigation site that does not meet the success criteria at the end of monitoring.
4

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WaterResaurces
ENVIRONMENTAL QUALITY
June 27, 2016
Pender Farm Development, LLC
Attn: Mr. Raiford G. Trask, III
1202 Eastwood Road
Wilmington, NC 28403
Subject Property: Blake Farm SF -1 Subdivision
REQUEST FOR MORE INFORMATION
Dear Mr. Trask:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
Pender County
The Division of Water Resources (DWR) received a Public Notice issued by the US Army Corps of
Engineers on June 20, 2016. An Individual 401 Water Quality Certification will be required for
this project (SAW -2012-01624). Please note that the following must be received prior to
issuance of a 401 Water Quality Certification.
Additional Information Requested:
The 401 Certification cannot be processed until four (4) complete sets of the application
and associated maps are received at the DWR Central Office in Raleigh along with the
appropriate fee.
Any large scale maps that are provided also need to include a copy of the site plans on a
cd. One (1) data CD of full size plans in TIFF Group 4 format (black and white, not
grayscale or color). If the plans are too large to store in TIFF format, they can be stored in
PDF. If you have questions pertaining to this, please call Sheri Montalvo at (919) 807-
6303.
2. Application Fee: The fee for applications is $570 for projects impacting one or more
acres of wetland or 150 linear feet of streams (whether intermittent or perennial).
Until the information requested in this letter is provided, I will request (by copy of this letter)
that the Corps of Engineers place this project on hold. Also, this project will be placed on hold
for our processing due to incomplete information (15A NCAC 2H .0507(a)).
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Pender Farm Development, LLC
Request for Additional Information
Page 2 of 2
Thank you for your attention. If you have any questions, please contact me in our Central Office in
Raleigh at [phone] or [e-mail] or Jennifer Burdette at [phone] or
[e-mail].
Sincerely,
Karen A. Higgins, Supervisor
401 & Buffers Permitting Branch
KAH/jab
cc: David A. Syster, Southern Environmental Group, Inc., 5315 South College Road, Ste E,
Wilmington, NC 28412
USACE Wilmington Regulatory Field Office
DWR WiRO file
DWR 401 & Buffer Permitting Branch file
Filename: BlakeFarm(Pender)_401_ IC_NeedSets_Fee.docx

Burdette, Jennifer a
From: Folta, Christine W SAW <[e-mail]>
Sent: Monday, June 20, 2016 4:01 PM
Subject: US Army Corps of Engineers Public Notice
As you requested, you are hereby notified that the Wilmington District, United States Corps of Engineers, has issued a
Public Notice. The text of this document can be found on the Public Notices portion of the Regulatory Division Home
Page. Each Public Notice is available in ADOBE ACROBAT (.pdf) format for viewing, printing or download
at: http•//www.saw.usace army.mil/Missions/RegulatoryPermitProgram.aspx.
The current notice involves:
Corps Action ID#: SAW -2012-01624
Issue Date: June 20, 2016
Applicant: Pender Farm Development, LLC
Expiration Date: July 21, 2016
Point of Contact: Ms. Emily Greer, Project Manager
Project Description:
The Wilmington District, Corps of Engineers (Corps) received an application from Pender Farm Development, LLC seeking
Department of the Army authorization to impact waters and wetlands of the US, associated with the development of a
191 lot residential development in Scott's Hill, Pender County, North Carolina.
Subscribe/Unsubscribe: This email was sent out as a result of subscribing to the Wilmington District regulatory program
public notices. Please email <mailto:Qndy.M [e-mail] <mailto:Cindy.M Corbett usace.army.mil> > with
the subject or message "unsubscribe" to remove your address from future mailings.

13 I
1�.�1
US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: 20 June 2016
Comment Deadline: 21 July 2016
Corps Action ID Number: SAW -2012-01624
The Wilmington District, Corps of Engineers (Corps) received an application from
Pender Farm Development, LLC seeking Department of the Army authorization to
impact waters and wetlands of the US, associated with the development of a 191 lot
residential development in Scott's Hill, Pender County, North Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at:
http://www.saw.usace.army.mil/Missions/RegulatoryPermitPro am aspx
Applicant: Pender Farm Development, LLC
c/o Mr. Raiford G. Trask III
1202 Eastwood Road
Wilmington, North Carolina 28403
AGENT (if applicable): Southern Environmental Group, Inc.
c/o Mr. David A. Syster
5315 South College Road
Wilmington, North Carolina 28412
Authority
The Corps evaluates this application and decides whether to issue, conditionally issue, or
deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:
® Section 404 of the Clean Water Act (33 U.S.C. 1344)
❑ Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972
(33 U.S.C. 1413)
Version 7.8.2014 Page 1

Location
Directions to Site: From Wilmington on NC 17 North, turn left onto Sidbury Road in
Scott's Hill. Travel 0.54 mile west to Huggins Road/Hogans Trail (unmarked dirt road).
Then, turn right on Huggins Road and go approximately 0.66 mile. The site is located
directly north and east, as shown in the attached Vicinity Map (Attachment 1).
Project Area (acres): 1164 Nearest Town: Scott's Hill
Nearest Waterway: Futch Creek River Basin: Northeast Cape Fear River Basin
County: Pender
Latitude and Longitude: 34.3347N, -77.7647W
Existing Site Conditions
The Wilmington to Hampstead corridor is a rapidly growing area in southeastern North
Carolina. With the construction of Interstate 140 and the completion of a local waste
water treatment facility, there is a current need for residential development to meet the
demand for housing in the Scott's Hill area. The closest subdivisions are east of the site
along Scott's Hill Loop Road, but they do not contain developable lots. The Whitebridge
subdivision is located further north of the site on the east side of NC 17 N, but it has very
few lots available for development.
The proposed site is 1,164 acres of timberland consisting of wet flats and pocosins.
Several silviculture ditches traverse the site, connecting onsite wetlands to a single
discharge point along the eastern property boundary before ultimately discharging offsite
into a tributary of Futch Creek. Site hydrology is primarily driven by rainfall and
groundwater recharge, which allows the ditch system to dry up during summer months.
Woody vegetation consists of sweet gum (Liquidambar styraciflua), loblolly pine (Pinus
taeda), red maple (Acer rubrum), and winged sumac (Rhus copallinum). Predominant
herbaceous vegetation consists of giant cane (Arundinaria gigantea), Carex spp., and
Virginia chainfern (Woodwardia virginica).
Mapped soil types proximal to wetland impact locations are Rains fine sandy loam and
Woodington fine sandy loam. According to the Soil Survey of Pender County, North
Carolina, the Rains soil series consists of poorly drained soils and includes intermingled
areas of Woodington, Liddell, Grantham, and Grifton soils. The Woodington series is
also poorly drained and found on broad, smooth, interstream areas and in depressions
near waterways. This series has inclusions of Rains, Liddell, Grantham, and Torhunta
soils. The majority of the soils across the site appear to correspond with the soil map.
Applicant's Stated Purpose
The purpose of the project is to construct an economically feasible residential
development with associated amenities in the Scott's Hill area and provide access to NC
17 and I-140.
Version 7.8.2014 Page 2

Project Description
The proposed project entails the permanent filling of 1.40 acres of wetlands and 0.57
acres of relatively -permanent waters associated with the development of a 191 lot
subdivision, road crossings, and stormwater management features (Attachment 2.
Wetlands Impact Maps, 1-9).
Avoidance and Minimization
The applicant provided the following information in support of efforts to avoid and/or
minimize impacts to the aquatic environment: The applicant avoided impacts to the
larger, high -functioning onsite wetland systems during the design and layout phase and
targeted smaller, low -quality wetlands that are somewhat degraded by existing ditches.
The project design utilized road and utility corridors that minimized wetland impacts
while still conforming to local and state design requirements. Perpendicular road
crossings and a reduction in road heights helped to eliminate fill slope impacts.
Additionally, in order to minimize secondary impacts to downstream water quality, the
applicant proposes to enhance existing ditches within the site by creating an adjacent
floodplain. This will increase storage volume and retention time during periods of heavy
rain. The increased contact time with the floodplain will allow the natural chemical and
biological process to occur and help protect downstream waters.
Compensatory Mitigation
The applicant proposes to offset impacts to 0.57 acre of relatively -permanent waters by
relocating the ditches onsite and providing additional floodplain and buffer to the
relocated features. This will increase the open water acreage onsite from 0.78 acre to 1.91
acres. A formal mitigation plan has not yet been developed.
The applicant determined that the high cost of purchasing mitigation credits from an
established mitigation bank would make the project economically unfeasible and, thus,
would not be practicable. Instead the applicant is proposing to restore three acres of
onsite wetlands to offset the proposed impacts to 1.40 acres of wetlands. The restoration
will target a Hardwood Flat habitat by restoring vegetation and hydrology to an area that
has been effectively drained by historic ditching (Attachment 3. Proposed Wetland
Restoration Map).
The applicant proposes to construct an earthen berm on the downstream edge of the area
to be restored and along the adjacent property boundary in order to capture the needed
hydrology for the restoration site and prevent hydrologic trespass. This berm will extend
from one existing wetland to another in a perpendicular orientation to the ditch that has
drained the proposed restoration site. A flashboard riser weir will be placed in the ditch to
maintain a bankfull condition throughout the portion of the channel located within the
mitigation area, which should effectively restore hydrology to the site.
Version 7.8.2014 Page 3

The applicant also proposes to mow the areas of the mitigation site that have been
recently timbered and bush hogged and replant hardwood species such as laurel oak,
swamp chestnut oak, and green ash. The bare root seedlings will be planted on ten foot
centers for a total of 1,300 seedlings.
The proposed success criteria will be based on the presence of hydrophytic vegetation
and wetland hydrology as described in the 1987 USACE Wetland Delineation Manual
and the Atlantic and Gulf Coast Supplement. Monitoring will occur for seven years, and
an annual report will be submitted to the Corps of Engineers for review no later than
April 1 of the year following the monitoring event. The applicant proposes that after year
two the site be considered successful if there are two consecutive, successful monitoring
years.
To successfully meet hydrology, the applicant proposes that the site will be saturated
within the upper 12 inches of the soil profile for 12.5% of the growing season. Hydrology
will be monitored by installing two hydrologic monitoring wells in accordance with the
"Technical Standard for Water Table Monitoring of Potential Wetlands Sites", dated June
2005. Vegetation success will be determined using stem counts of planted vegetation.
Survival must meet or exceed 320 planted stems at year three, 260 stems at year five, and
210 stems at year seven. No single planted or volunteer species will comprise more than
50% of the total composition within any plot at year three, five, or seven. Because the site
consists of a Rains soil type, success of the mitigation site will not be dependent on this
parameter. Site soils already exhibit some hydric soil indicators, which are expected to
increase as hydrology is restored to the site. If the site is deemed unsuccessful at any
time, supplemental planting may occur or adjustments to the water control structure may
be made to address deficiencies. If the site fails, an additional onsite mitigation area will
be proposed or payment will be made to a mitigation bank or in -lieu fee program as
appropriate.
Essential Fish Habitat
Pursuant to the Magnuson -Stevens Fishery Conservation and Management Act, this
Public Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The
Corps' initial determination is that the proposed, project would not effect EFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of
33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C,
the District Engineer consulted district files and records and the latest published version
of the National Register of Historic Places and initially determines that no historic
properties, nor properties eligible for inclusion in the National Register, are present
Version 7.8.2014 Page 4

within the Corps' permit area; therefore, there will be no historic properties affected. The -
Corps subsequently requests concurrence from the SHPO.
The District Engineer's final eligibility and effect determination will be based upon
coordination with the SHPO with full consideration given to the proposed undertaking's
potential direct and indirect effects on historic properties within the Corps-indentified
permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area,
examined all information provided by the applicant and consulted the latest North
Carolina Natural Heritage Database. Based on available information, the Corps is not
aware of the presence of species listed as threatened or endangered or their critical habitat
formally designated pursuant to the Endangered Species Act of 1973 (ESA) within the
project area. Therefore, the Corps' preliminary determination is that the proposed project
would have no effect on any threatened or endangered species, or adversely modify
critical habitat, protected under the ESA. The Corps will make a final determination on
the effects of the proposed project upon additional review of the project and completion
of any necessary biological assessment and/or consultation with the U.S. Fish and
Wildlife Service and/or National Marine Fisheries Service.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the appropriate
State agencies for review.
North Carolina Division of Water Resources (NCDWR): The Corps will generally not
make a final permit decision until the NCDWR issues, denies, or waives the state
Certification as required by Section 401 of the Clean Water Act (PL 92-500). The receipt
of the application and this public notice, combined with the appropriate application fee, at
the NCDWR Central Office in Raleigh constitutes initial receipt of an application for a
401 Certification. A waiver will be deemed to occur if the NCDWR fails to act on this
request for certification within sixty days of receipt of a complete application. Additional
information regarding the 401 Certification may be reviewed at the NCDWR Central
Office, 401 and Buffer Permitting Unit, 512 North Salisbury Street, Raleigh, North
Carolina 27604-2260. All persons desiring to make comments regarding the application
for a 401 Certification should do so in writing to:
NCDWR Central Office
Attention: Ms. Karen Higgins, 401 and'Buffer Permitting Unit
(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-1617
„ Or to,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604
Version 7.8.2014 Page 5

North Carolina Division of Coastal Manasement (NCDCM):
Based upon all available information, the Corps determines that this application for a
Department of Army (DA) permit does not involve an activity that would affect the
coastal zone, which is defined by the Coastal Zone Management (CZM) Act (16 U.S.C. §
1453).
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts including cumulative impacts of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof; among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidated State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the
Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects and the other
public interest factors listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act (NEPA). Comments are also used to
determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
Version 7.8.2014 Page 6

public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
The Corps of Engineers, Wilmington District will receive written comments pertinent to
the proposed work, as outlined above, until 5pm, 21 July 2016. Comments should be
submitted to Ms. Emily Greer,Wilmington Regulatory Field Office„
69 Darlington Avenue, Wilmington, North Carolina 28403 , or at
[e-mail].
Version 7.8.2014 Page 7

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