20070298 Ver 1_More Info Received_20070510

{•
TO
May 8, 2007
RE:
LMG
LAND MANAGEMENT GROUP irrc.
Environmental Consultants
Mr. Brad Shaver
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
Additional Information for Huff Property; Onslow County, NC
Action ID# SAW-2007-00736-067
Dear Brad:
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Thank you for your letter dated February 28, 2007 in which you request additional
information regarding the Huff Property NWP application. Below is a response to each of your
comments.
a. Overall this plan is too vague to process. Anywhere you have wetlands abutting roads or lot
lines our office needs a smaller scale drawing to evaluate the potential of secondary impacts.
The intent is to confirm that lots can be developed without any additional wetlands fill and
that platted roads will not have clearing or frlling impacts outside the requested area. At the
current scale it is too d~cult to read and make those conclusions.
Enclosed is a revised site plan that shows additional project detail. As you will note, significant
changes have been made to the site plan. A total of 169 single-family lots, 91 townhomes, and five
condominium buildings are proposed. This site plan clearly shows that all proposed buildings will be
located outside of any wetlands.
b. During the initial wetland verification the property reviewed was much larger than the
current project boundary. Please disclose all adjacent property owned by you or related
entities. This is necessary to determine if there are any other access options to the property
or plans for future development. If there are other reasonably relatedprojects they should be
disclosed now and reviewed under one action.
Due to different development ideas and timelines, the entire property has been subdivided among the
initial owners. Ralph Huff now owns this parcel. I spoke with John Lare, who owns the adjacent
parcel. He has no immediate plans to develop his parcel. There are no plans to tie the development of
these parcels together.
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402

F
c. The Corps appreciates the attempts at avoidance and minimization through the use of
bridges and bottomless culverts. However, in order to make a no wetland impact
determination as portrayed within the plans, the Corps will need better drawings of the
crossing areas. Please provide specific drawings of each crossing to include plan and profile
view. The current drawings refer to future approved designs but these need to be decided
now. If bridges are proposed, please provide the height of the bridge over wetlands as this
will be important from a shading standpoint. The current bridge cross sections refer to a
height of 3'; please provide evidence that this elevation is high enough not to cause
significant shading impacts. Please provide the details of the proposed bottomless culverts
where proposed.
Enclosed are drawings for each proposed bridge crossing. The applicant has increased the
proposed height of the bridges to a minimum of 4' above ground. The typical vegetation located
in wetlands at this crossing consists of loblolly pine, red maple, wax myrtle, and red bay trees.
These species often grow in the shrub layer of thick forests where little sunlight penetrates
through. Given a 50' wideright-of--way, these trees should be able to continue to grow under the
proposed bridges.
d. At minimum please number the lots so that it is clear which lots will be developed It appears
that several lots have wetland portions and it's not clear that they can be developed without
wetland impact.
The revised site plan shows lot and unit numbers. No wetland fill will occur for individual lot
development.
e. The current plan does not appear to choose the least environmentallydamaging practicable
alternative. The available high ground along the northern property boundary appears to be
abetter location to access the property and thus reduce the wetland impact. It is recognized
that the justification for the access road location is to maximize the marketability of the
subdivision. Surely there has to be other ways to market the property at the least
environmentally damaging location. Innovative landscaping or privacy fencing could protect
the entrance from adjacent properties. The high ground along the road could remain the
sales office with the adjacent entrance. If this option is deemed impracticable additional
justification will need to be disclosed.
As noted, the applicant strongly prefers to locate the entrance road in the proposed location. Even
with landscaping and fencing, the restaurant/bar would still be visible and audible from a road that
was located in this northern section. This road would be the first impression to potential lot
owners and positioning it so close to a noisy restaurant/bar would negatively affect sales. In
addition, the applicant plans to place a sales center on the upland knob located off of Highway
210, adjacent to the proposed road. Ifthe entrance road were moved to this northern location, a
serious traffic concern would be raised with potential purchasers leaving the sales center against
2

traffic, then turning again against traffic into the proposed development. This would be a
dangerous traffic situation and is not a practicable alternative. Finally, entrances are better located
in the center of properties to increase the distance between approaches from adjacent tracts.
f. If the entrance road is determined to be positioned in the least environmentally damaging
practicable location, at minimum several culverts will need to be proposed to keep the
hydrologic connection between the two wetlands severed by the road.
The revised site plan now shows four culverts at this road crossing (Inset 5 of 6}.
g. The Corps once again appreciates the consideration of on site preservation as part of the
mitigation package. To continue processing, the Corps will need to review the preservation
document and the draft recordable preservation map.
Enclosed are the draft restrictive covenants. The surveyor is currently preparing a wetlands
preservation map and this will be forwarded to your office as soon as it is complete. These
documents will be recorded prior to the sale of any lots.
I hope this response adequately addresses your concerns. Please let me know if you have any
additional questions. Thank you for your assistance with this project.
Sincerely,
~~
Kim Williams
Wetland Scientist
Encl.
C: Mr. D. Ralph Huff III
Mr. Billy Sutton
Mr. Dave Bartone
Ms. Joanne Steenhuis, DWQ
Mr. Ian McMillan, DWQ

LMG
LAND MANAGEMENT GROUP irrc.
Environmental Consultants
May 8, 2007
TO: Ms. Joanne Steenhuis
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Additional Information for Huff Property; Onslow County, NC
DWQ# 07 0298
Dear Joanne:
Thank you for your letter dated March 6, 2007 in which you request additional information
regarding the HuffProperty 401 Water Quality Certification application. Below is a response to each
of your comments.
1. Impact Justification (Avoidance and Minimization)
It appears that impacts associated with the crossing can be minimized by moving the
alignment of the crossing in a more northern direction to avoid and minimize wetland
impacts. Please revise the narrative and plans accordingly.
As noted, the applicant strongly prefers to locate the entrance road as depicted in the proposed
site plan because arestaurant/bar exists on the adjacent tract very close to this northern property
line. Even with landscaping and fencing, this establishment would still be visible and audible from
a road that was located in this northern section. This road would be the first impression to
potential lot owners and positioning it so close to a noisy restaurant bar would negatively affect
sales. In addition, the applicant plans to place a sales center on the upland knob located off of
Highway 210, adjacent to the proposed road. If the entrance road were moved to this northern
location, a serious traffic concern would be raised with potential purchasers leaving the sales
center against traffic, and then turning again against traffic into the proposed development. This
would be a dangerous traffic situation and is not a practicable alternative. Finally, from an
engineering standpoint, entrances are better located in the center of properties to increase the
distance between approaches from adjacent tracts.
2. Mitigation
You will be required to place a deed notification/deed restriction on the remaining wetlands
on the project. Please provide a notarized copy of the draft deed notification/restriction,
covenants, preservation (if required by the Corps) language that, at a minimum, notify future
lot owners that there are wetlands on the property, which are protected by the NCDivision
of Water Quality and the US Army Corps of Engineers. If you plan on preserving the
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402

remaining wetlands on the tract, please provide a notarized copy of the draft language that
will accomplish preservation.
Enclosed are the draft restrictive covenants. The surveyor is currently preparing a wetlands
preservation map and this will be forwarded to your office as soon as it is complete. These
documents will be recorded prior to the sale of any lots.
3. NPDES General Stormwater Permit No. NeG010000 Monitoring Requirements
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of
Land Resources or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCG010000) administered by DWQ is automatically
issued to the project. This General Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated by conditions in the permit. If your project is
covered by this permit (applicable to construction projects that disturb one or more acres),
full compliance with permit conditions including the sedimentation control plan, self-
monitoring, record keeping and reporting requirements are required.
This project will disturb greater than one acre of land and will need an Erosion and Sedimentation
Control Permit. The applicant will comply with all applicable permit conditions covered under the
NPDES General Stormwater Permit.
I hope this response adequately addresses your concerns. Please let me know if you have any
additional questions. Thank you for your assistance with this project.
Sincerely,
ii (,,,, `,~..~,~.
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Kim Williams
Wetland Scientist
Encl.
C: Mr. D. Ralph Huff III
Mr. Billy Sutton
Mr. Dave Bartone
Mr. Ian McMillan, DWQ
Mr. Brad Shaver, ACOE
2

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WETLAND NOTES:
WETLANDS FLAGGED BY:
LAND MANAGEMENT GROUP, INC.
3805 WRIGHTSVILLE AVE.-STE. 15
WILMINGTON, N.C. 28403
PHONE: [phone]
WETLAND FLAGS FIELD LOCATED BY: GRAPHIC SCALE
JIM BLANCHARD AS50CIATES tzo o so t2o 240
443 SARECTA ROAD
KENANSVILLE, NC 28349
PHONE: [phone] inch = 120 ft.

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LAND MANAGEMENT GROUP, INC.
3805 WRIGHTSVILLE AVE.-STE. 15
WILMINGTON, N.C: 28403
PHONE: [phone]
WETLAND FLAGS FIELD LOCATED BY.
JIM BLANCHARD ASSOCIATES
443 SARECTA ROAD
KENANSVILLE, NC 28349
PHONE: [phone]
SEE INSET 6
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3805 WRIGHTSVILLE AVE.-STE. 15
WILMINGTON, N.C. 28403
PHONE: [phone]
WETLAND FLAGS FIELD LOCATED BY:
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443 SARECTA ROAD
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INSET 4 OF 6

50' R/W (PRIVATE EASEMENT)
SHELF LANE LANE LANE SHELF PROPOSED
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EXISTING CROSS SECTION A-A
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(WETLAND) NOT TO SCALE
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AS NECESSARY
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PIER SUPPORTS
AS NECESSARY
ENTRANCE BRIDGING CROSS-SECTION C-C Huff Property
NOT TO SCALE Impact Cross-Sections
Onslow County, North Carolina
INSET 5 OF 6

SHELF/

SHOULDER 45' R/W (PRIVATE EASEMENT)
PROPOSED
LANE ~ LANE

PROPOSED BOTTOMLESS CONSPAN OR APPROVED

SHELF/

SHOULDER
EQUAL

PROPOSED
GRADE
PIER SUPPORTS
AS NECESSARY EXISTING
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NOT TO SCALE
ROAD SURFACE

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INSET 6 OF 6

PRELIMINARY
DRAFT
(D~ayteliime: 4127120019:06 am
DECLARATION OF COVENANTS, CONDITIONS"" ~~' WLMAIM16114411
AND RESTRICTIONS FOR
[GOOSE BAY PLANTATION]
THIS DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF THE FLAG OF
THE UNITED STATES OF AMERICA OR STATE OF NORTH CAROLINA. THIS
DOCUMENT REGULATES OR PROHIBITS THE DISPLAY OF POLITICAL SIGNS.

interest in such losses may be prohibited from participating
in the settlement negotiations, if any, related to the loss;
and
6.3 Owner's Insurance. By virtue of owning a Unit upon a Lot, each Owner
covenants and agrees with all other Owners and with the Association to carry property insurance
covering risks of physical loss for both the Unit and any other insurable improvements on the Lot
for the full insurable replacement cost thereof, less a reasonable deductible, unless any
Subsidiary Association having jurisdiction over such Owner's Unit and Lot carries such
insurance pursuant to any Supplemental Declaration or otherwise. Such property insurance shall
include windstorm and hail coverage, and, if full insurable replacement cost is not reasonably
available for such coverage, actual cash value may be substituted. Each Owner shall, upon
request from the Association, provide evidence of insurance coverage to the Association.
Each Owner further covenants and agrees that in the event of damage to or
destruction of the Unit or any other structures on or comprising his or her Lot, he or she shall
proceed promptly to repair or to reconstruct in a manner consistent with the original construction
or such other plans and specifications as are approved in accordance with Article 11 of this
Declaration. Alternatively, the Owner shall clear the Lot of all debris and ruins and maintain the
Lot in a neat and attractive, landscaped condition consistent with the Community-Wide Standard.
The Owner shall pay any costs which are not covered by insurance proceeds.
6.4 Loss Adjustment, Repair and Proceeds. With respect to any loss covered
by the policy (or policies) of the Association, it shall be adjusted by the Association and matters
pertaining to the disbursement of proceeds of such insurance and the repair or replacement,
including termination of the Project, shall be governed by the applicable provisions of the Act.
Article 7. Conservation Areas Covenants.
7.1 Conservation Areas. The areas shown on the recorded plats of [Goose
Bay Plantation], including the plat filed with the Register of Deeds in Map Book at
Page , as "conservation areas" shall be maintained in perpetuity in their natural or
mitigated condition.
7.2 Conservation Areas Covenants. No person or entity shall perform any of
the following activities on such conservation areas:
(a) Fill, grade, excavate, or perform any other land disturbing
activities;
(b) Cut, mow, burn, remove, or harm any vegetation;
(c) Construct or place any roads, trails, walkways, buildings, mobile
homes, signs, utility poles or towers, or any other permanent or temporary structures;
18

(d) Drain or otherwise disrupt or alter the hydrology or drainage ways
of the conservation area;
(e) Dump or store soil, trash, or other waste;
(f) Graze or water animals, or use for any agricultural or horticultural
purpose.
The covenants set forth in this Section 7.2 are intended to ensure continued
compliance with the mitigation condition of a Clean Water Act authorization issued by the
United States of America, U.S. Army Corps of Engineers, Wilmington District, Action
ID ,and therefore may be enforced by the United States of America. These covenants are
to run with the land, and shall be binding on the Owners, Association, and all parties claiming
under it.
7.3 Amendment. The covenants set forth in this Article 7 pertaining to
conservation areas may not be altered, rescinded, or modified without the express written
consent of the U.S. Army Corps of Engineers, Wilmington District.
Article 8. Permit: Transfer, Responsibilities and Covenants.
8.1 Transfer to and Acceptance by Association. Declarant shall, at its sole
cost and expense, initially construct all Stormwater Management Facilities required to be located
upon the Property or upon any property annexed into the Property by Declarant to the standards
required by the Permit. Upon completion of the initial construction of the Stormwater
Management Facilities, Declarant shall transfer the Permit and Declarant's responsibilities under
the Permit to the Association and the Association shall accept such transfer. Thereafter, upon
completion of the initial construction of the Stormwater Management Facilities required by the
applicable Permit for any additional property annexed by Declarant into the Property pursuant to
this Declaration, Declarant shall transfer the applicable Permit and Declarant's responsibilities
under the Permit applicable to the property annexed by Declarant into the Property to the
Association. The Association shall accept the transfer from Declarant of the applicable Permit
and responsibilities under the Permit. Transfers of any such Permit shall occur upon the earlier
to occur of (i) the date the North Carolina Department of Environment and Natural Resources
allows the transfer of the Permit to occur; or, (ii) the date after which at least fifty percent (50%)
of the Lots therein are conveyed to Owners other than Declarant; and, in the case of property
hereinafter annexed into the Property by Declarant as provided herein, the date after which at
least fifty percent (50%) of the annexed Lots are conveyed to Owners other than Declarant.
Prior to any such transfer of the Permit, the Stormwater Management Facilities
for the Property, including any property annexed by Declarant into the Property, shall be
certified to the Association and the State of North Carolina, either by state inspection or by a
licensed engineer, as being in compliance with the applicable Permit prior to such assignment or
transfer.
19