20000833 Ver 1_COMPLETE FILE_20000623

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. Keith Cooper
Director. of Land Development
Landfill Associates
Post Office Box 5368
Hanover Center Station
Wilmington, NC 28403
Dear Mr. Cooper:
1 kl9w
•
11
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 8, 2000
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed modification of Certification # 3082 Landfall Associates
WQC Project #000833 COE # 199603138
New Hanover County
Attached hereto is a copy of Certification No.3082 issued to the Landfall Associates dated.
August 7, 2000.
If we can be of further assistance, do not hesitate to contact us.
Sincerely, ,l
C
l
Kerr T. Stevens
Attachments cam'
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Doug Huggett, Division of Coastal Management
File Copy
Central Files
Sam Cooper, CZR
Division of Water Quality • Non-Discharge Branch
1621 Mail Service Center Raleigh NC 27669-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer
50% recycled/10% post consumer paper
2
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division
of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500. It is issued to Landfall
Associates resulting in an additional impact to 1.57 acres of wetland impact New Hanover
County pursuant to an revised application filed on the 23rd day of June 2000 to modify
Certification # 3082 as outlined in your letter received on June 23, 2000.
The application provides adequate assurance that the discharge of fill material into the
waters of Howe Creek in conjunction with the proposed development will not result in a
violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State
of North Carolina certifies that this activity will not violate the applicable portions of Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the
application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your
application, as described in the Public Notice. If you change your project, you must notify us
and send us a new application for a new certification. If the property is sold, the new owner must
be given a copy of the Certification and approval letter and is thereby responsible for complying
with all conditions. If total wetland fills for this project (now or in the future) exceed one acre
or total perennial stream impact exceeds 150 feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow
the conditions listed below. In addition, you should get any other federal, state or local permits
before you go ahead with your project including (but not limited to) Sediment and Erosion
control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations.
Condition(s) of Certification:
1. Appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of two manuals, either the "North Carolina Sediment
and Erosion Control Planning and Design Manual" or the "North Carolina Surface
Mining Manual" (available from the Division of Land Resources in the DEHNR
Regional or Central Offices). The control practices shall be utilized to prevent
exceedances of the appropriate turbidity water quality standard (50 NTUs in all fresh
water streams and rivers not designated as trout waters; 25 NTUs in all lakes and
reservoirs, and all saltwater classes; and 10 NTUs in trout waters);
2. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the natural grade restored after the Division of Land Resources has
released the project;
3. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
4. Should waste or borrow sites be located in wetlands or other waters, compensatory
rritigatiun will be required since it is a direct impact from road construction activities;
5. Compensatory mitigation shall be done as outlined in your letter received June 23,
2000.
Violations of any condition herein set forth shall result in revocation of this Certification
and may result in criminal and/or civil penalties. This Certification shall become null and void
unless the above conditions are made conditions of the Federal 404 and/or coastal Area
Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA
permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must
be in the form of a 'written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C.
276 1 1-7447. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following
receipt of the Certification. Unless such demands are made, this Certification shall be final and
binding.
This the 7 ° day of August 2000
DIVISION OF WATER QUALITY
er-e--4.1 ljl"/?
Kerr T. Stevens
WQC# 3082
et 1
GROUP
WX L;li Y SECTIQI
Action ID No. 199603138
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
PUBLIC NOTICE
August 24, 2000
Landfall Associates c/o Mr. S. Keith Cooper, PE, POST OFFICE BOX 5368, HANOVER
CENTER STATION, WILMINGTON, NORTH CAROLINA, 28403, has applied for a
Department of the Army (DA) permit modification TO FILL 1.57 ACRES OF WETLANDS to
construct a retirement center, in the Landfall Subdivision, Wilmington, New Hanover County,
North Carolina.
The following description of the work is taken from data provided by the applicant and
from observations made during a site visit by a representative of the Corps of Engineers.
On August 19, 1998, Landfall Associates was authorized to place fill material into
83.5 acres of wetlands to construct a nine-hole golf course, 200 residential lots and to construct a
retirement center. Since this permit was issued, Landfall Associates has entered into discussions
with a third party to sell the retirement center site and group of residential lots. The buyer intends
to develop a retirement village including mixed residential products, food service, and a health
care operation.
Plans submitted with the application show the development of a Retirement Village adjacent
to the previously authorized golf course and subdivision and the placement of fill into 1.57 acres
of wet pine flatwoods between Old McCumber Station Road and the golf course that is currently
being developed (Identified as Site 1 on the attached map).
The applicant has proposed to reduce the scope of the previously authorized work and to
provide additional compensatory mitigation in the following forms and amounts:
a. Avoid and preserve 1.57 acres (site 2) of wetlands adjacent to Fairways 3 and 4 to
enlarge existing Conservation Area D.
b. Preserve 2.05 acres to enlarge and join Conservation areas D and F.
c. Restore 0.15 acres of tidal marsh on Howe Creek by removing an existing causeway.
d. Avoid an additional 0.85 acres of fill on Fairway No. 2.
e. Avoid an additional 1.55 acres of fill on Fairway No. 5.
_ _c the
?n
the
iced
Le
the
;tion
cs,
Jes,
igation,
ergy
;rship,
ent of
charge
?S
lines or
contrary to
and local
luate the
Corps of
ion for this
,red species,
.ic interest
Assessment
Environmental
gyring and to
Ay A
C WQ) Th
all ater Act.
;01, 302, 3p6, ana
epartment of the
{
2000
AUG
GROUP
SECTION
Action ID No. 199603138
PUBLIC NOTICE
August 24, 2000
Landfall Associates c/o Mr. S. Keith Cooper, PE, POST OFFICE BOX 5368, HANOVER
CENTER STATION, WILMINGTON, NORTH CAROLINA, 28403, has applied for a
Department of the Army (DA) permit modification TO FILL 1.57 ACRES OF WETLANDS to
construct a retirement center, in the Landfall Subdivision, Wilmington, New Hanover County,
North Carolina.
The following description of the work is taken from data provided by the applicant and
from observations made during a site visit by a representative of the Corps of Engineers.
On August 19, 1998, Landfall Associates was authorized to place fill material into
83.5 acres of wetlands to construct a nine-hole golf course, 200 residential lots and to construct a
retirement center. Since this permit was issued, Landfall Associates has entered into discussions
with a third party to sell the retirement center site and group of residential lots. The buyer intends
to develop a retirement village including mixed residential products, food service, and a health
care operation.
Plans submitted with the application show the development of a Retirement Village adjacent
to the previously authorized golf course and subdivision and the placement of fill into 1.57 acres
of wet pine flatwoods between Old McCumber Station Road and the golf course that is currently
being developed (Identified as Site 1 on the attached map).
The applicant has proposed to reduce the scope of the previously authorized work and to
provide additional compensatory mitigation in the following forms and amounts:
a. Avoid and preserve 1.57 acres (site 2) of wetlands adjacent to Fairways 3 and 4 to
enlarge existing Conservation Area D.
b. Preserve 2.05 acres to enlarge and join Conservation areas D and F.
c. Restore 0.15 acres of tidal marsh on Howe Creek by removing an existing causeway.
d. Avoid an additional 0.85 acres of fill on Fairway No. 2.
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
e. Avoid an additional 1.55 acres of fill on Fairway No. 5.
cultural resource investigations by the District Engineer, and he is otherwise unaware of the
presence of such resources. Presently, unknown archeological, scientific, prehistorical, or
historical data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed
activity will affect species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit modification will be based on an evaluation of the
probable impacts, including cumulative impacts, of the proposed activity and its intended use on
the public interest. Evaluation of the probable impacts that the proposed activity may have on the
public interest requires a careful weighing of all those factors that become relevant in each
particular case. The benefits that may be expected to accrue from the proposal must be balanced
against its foreseeable detriments. The decision whether to authorize a proposal, and if so the
conditions under which it will be allowed to occur, are therefore decided by the outcome of the
general balancing process. That decision should reflect the national concern for both protection
and use of important resources. All factors that may be relevant to the proposal must be
considered including the cumulative effects of it. Among those are conservation,. economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (according to Executive Order 11988), land use, navigation,
shore 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 placement of
dredged or fill materials in waters of the United States, a permit will be denied if the discharge
that would be authorized would not comply with the Environmental Protection Agency's
404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or
criteria, a permit will be granted unless the District Engineer decides that it would be contrary to
the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties to consider and evaluate the
impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to decide whether to issue, modify, condition or deny a permit modification 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 decide the need for a public hearing and to
decide the public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit
modification will not be made until the North Carolina Division of Water Quality (NCDWQ)
issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The
NCDWQ considers whether the proposed activity will comply with Sections 301, 302, 306, and
307 of the Clean Water Act. The application and this public notice for the Department of the
3
r..
c
n

?
r \ Ell
? a ?
i ?, y. m
zo 0.
? m

N z O D
r
Z N j< Fy

10
T

F
cm
D r
9 5
Y 1 m
zz
_o
y 0 /
/

F _ /

r)
fi
o c

z

S
O N mO;C ?('???
I
w ERVAnoN,
AREA

m
b

S
m

y H

~
?M
?
L2 O
' N ?

p =iz

..
/ m m 'y .._ _ .
CONSERVATION C
AREA B
z
m?
My
z;
D Z
-? G
oz
m
D¢
?r 5>-
z
ma ? O
T1
c u, Z D
Qmo -n r -n
25 rn r c C
r
nm )m
D r <
?< m z
D
X
71
iz
? R
z=
_T
90
MEMORANDUM
TO:
SUBJECT:
John Dorney
Non-Discharge Branch
Regional Contact: J. Steenhuis
WO Supervisor: Rir. Shiver
Date:
WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Landfall Subdivision II
Project Number 00 0833
Recvd From APP
Received Date 6/23/00 Recvd By Region
Project Type subdivision
County New Hanover
County2
Region Wilmington
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
IP ?- O Y O N ?- 18-87-23 SA ORW 30,624. ?- F- F- ?-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y O N
Is Mitigation required? O Y O N Recommendation: OQ Issue O Issue/COnd O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
This office supports this pro-wect
cc: Regional Office Page Number 1
Central Office
.4l Ir
JU,
W& ? I?NM
Mr. Scott McLendon
Wilmington District
Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
jd14 I
ate:
0?
Mr. John Dorney
North Carolina
Division of Environmental Management
Environmental Services Branch
4401 Reedy Creek Road
Raleigh, NC 27607
Re: Landfall Subdivision II Request for Modification to
Request for Modification to Water Quality Certification
Action ID. 199603138 No. 3082 issued June 6, 1998
Dear Mr. McLendon and Mr. Dorney:
The Department of the Army and the Division of Water Quality issued the referenced
permit and certification to Landfall Associates in 1998. The permit and certification
currently authorize Landfall Associates to place fill material in 83.5 acres of wetlands for
the development of a nine-hole golf course with 200 associated residential lots and the
construction of a retirement center. Landfall Associates is in full compliance with the
permit and the certificate.
Since the issuance of the permit and certification, Landfall Associates has entered into
discussions with a third party for the sale of the retirement center site and a group of
residential lots. The land included in the sale is shown on Figure 1 as "Retirement
Village." The buyer intends to develop a retirement village including mixed residential
products, food service and a health care operation.
During the land planning process for the retirement village, the buyer and architect
determined that they need to use Site 1 for the Health Care Facility (see Figure 2). At
Landfall Associates' request, the architect made several attempts to configure the site plan
such that Site 1 was avoided or the impact minimized. The architect determined that the
alternative site plans were not practical for the intended use as a retirement community.
o_
-;R
rn
rn z
LANDFALL ASSOCIATES • P.O. BOX 5368, HANOVER CENTER STATION • WILMINGTON, NORTH CAROLINA 28403 • 910-256-7646
JU
Wltl?itTpI?N
.--,.,A4jd

Mr. Scott McLendon Mr. John Dorney
Wilmington District North Carolina
Corps of Engineers Division of Environmental Management
P.O. Box 1890 Environmental Services Branch
Wilmington, NC 28402-1890 4401 Reedy Creek Road
Raleigh, NC 27607
Re: Landfall Subdivision II Request for Modification to
Request for Modification to Water Quality Certification
Action 1D. 199603138 No. 3082 issued June 6, 1998
Dear Mr. McLendon and Mr. Dorney:
The Department of the Army and the Division of Water Quality issued the referenced
permit and certification to Landfall Associates in 1998. The permit and certification
currently authorize Landfall Associates to place fill material in 83.5 acres of wetlands for
the development of a nine-hole golf course with 200 associated residential lots and the
construction of a retirement center. Landfall Associates is in full compliance with the
permit and the certificate.
Since the issuance of the permit and certification, Landfall Associates has entered into
discussions with a third party for the sale of the retirement center site and a group of
residential lots. The land included in the sale is shown on Figure 1 as "Retirement
Village." The buyer intends to develop a retirement village including mixed residential
products, food service and a health care operation.
During the land planning process for the retirement village, the buyer and architect
determined that they need to use Site 1 for the Health Care Facility (see Figure 2). At
Landfall Associates' request, the architect made several attempts to configure the site plan
such that Site 1 was avoided or the impact minimized. The architect determined that the
alternative site plans were not practical for the intended use as a retirement community.
b
r'rT
Z
LANDFALL ASSOCIATES - P.O. BOX 5368, HANOVER CENTER STATION - WILMINGTON, NORTH CAROLINA 28403 - 910-256-7646
June 22, 2000
Messrs. McLendon & Dorney
Page Two
The project is constrained by the need to have a central hub, created by the Clubhouse and
Health Care Facility. The Clubhouse and Health Care Facility are key services which need
to be located near the center of the community and near Old McCumber Station Road, the
planned service and delivery entrance for the retirement village. The plan detailed on
Figure 2 creates relatively equal travelling distances for all residents of the retirement
village, a vitally important consideration in a community specifically designed for senior
citizens.
The Clubhouse and Health Care Facility are also tied together by shared service and food
preparation facilities. If the buyer is required to separate these operations because of the
configuration of the land, there will be increased capital cost of dual service and food
preparation facilities. This will require additional staff for the second facility which will be
a significant operating expense over the life of the project.
In order to accomplish the development outlined above, Landfall Associates requests
modifications of the Department of the Army permit and the North Carolina Water Quality
Certification to make completion of the retirement village practicable. The scope of the
project as modified would be somewhat reduced, impacts are reduced and compensatory
mitigation is increased; but the permit area boundary is unchanged.
Landfall Associates requests that the permit and certificate be modified to authorize the
following:
(1) fill of 1.57 acres of wetlands (Site 1) in the retirement center site
in order to complete the retirement village; and
(2) additional mitigation, as follows:
(a) the avoidance and preservation of 1.57 acres (Site 2) of wetlands adjacent
to Fairways 3 and 4 to enlarge existing Conservation Area D;
(b) the preservation of 2.05 acres (uplands and pond at Site 2A) to enlarge and
join Conservation Areas D and F;
(c) restoration of 0.15 acre of tidal marsh (Site 3) on Howe Creek by
removing a causeway and re-establishing natural contours.
(d) the avoidance of 0.85 acres of wetland fill on Fairway 2; and
(e) the avoidance of 1.55 acres of wetland fill on Fairway 5;
A comparison of the wetland impacts and mitigation for the original permit and
certification and the proposed modifications is provided in Table 1.
June 22, 2000
Messrs. McLendon & Dorney
Page Three
Thank you for consideration of our requests.
Sincer ly,
S. Keith Cooper, E.
Director of Land Development
enclosures
cc: Mr. Sam Cooper, CZR, Incorporated
Ms. Joanne Steenhuis, Wilmington, Division of Water Quality
Mr. Ed Brooks, CAMA
file @ aAmc1e0621.wps
Table 1
u mark of Wetland Impacts and Mitigation
Authorized 404 Wetland Impacts 83.5 acres
Actual 404 Wetland Impacts 81.1 acres(')
On-site Conservation Easement Required 152.6 acres
On-Site Conservation Easement Provided To Date 152.6 acres(2)
Site 2 Wetland Preservation/Conservation Easement (Proposed) 1.57 acres
Site 2A Preservation/Conservation Easement (Proposed) 2.05 acres(3)
Total On-Site Preservation/Conservation Easement (Proposed) 156.22 acres
Marshland Preservation Required 210.8 acres
Marshland Preservation Provided 210.8 acres(2)
Off-Site Restoration Required 83.5 acres
Off-Site Restoration Planted 100 acres(4)
Coastal Marsh Restoration/Enhancement
(Proposed) 0.15 acres(')
Notes:
(1) Wetland areas of 0.85 acres to the right of Fairway 2 and 1.55 acres to the left of Fairway 5 have not
been filled as indicated by the original permit request. However, due to periodic golf course maintenance
requirements, these areas can not be added to the adjacent conservation easements.
(2) The maps, deeds and conservation easements for the preservation areas were recorded in accordance
with the permit requirements.
(3) Site 2A consists of uplands and a stormwater detention pond. Preservation of Site 2A joins
Conservation Areas D and F and improves the wildlife corridor.
(4) A total of 100 acres of prior-converted farmland has been restored and planted to ensure the off-site
mitigation requirement of 83.5 acres is met. The site is being monitored for compliance with the permit
mitigation requirements.
(5) The proposed marshland restoration/enhancement will involve the removal of the existing causeway
material to the adjacent marsh elevations and stabilization of the slopes at each end of the causeway. A
CAMA permit request is being submitted for DCM approval of this proposal.
file @ a:/wetsumry.wps
Reference Photographs of the Sites
*ftl
9�7x
71
lot
4,14

a?
CA
0
0
..o
U
v
a?
0
0
a
0
w
a?
3
nn
0
0
0
a
a?
an
a?
Q
aq
.o
0
-? o
0
0
-rs
a?
0
a?
0

M
C3
L?
w
O
by
O
O
N
N
0
O
U
0
N
? N
C,j
CA,
C?
0
bA
8
a

0
0
a?
0
CJ
N O
? M
?M
CQM
N
0
bn
t8
0
N
0
U
M
Cd
4.4
5
.?pp
e?
L
w
a?
.?
..fl
O
b
"?
e?
N
U
M
i''.
O
O
.C
CL
N
O
a?
"p
.5??'
N
«S
?_
U
ai
3
0
x
M
3
U
O
N
4.
c?
M
N
cc
3
a?
a
M
C
O
b
Gn

0 North Carolina Wildlife Resources Commission 9
Charles R. Fullwood, Executive Director
August 8, 2000
TO: John Dorney
Water Quality Section
Scott McLendon
Army Corps of Engineers
FROM: Bennett Wynne??
Habitat Conservation Program
U ' 20
s WLTL'.,:33 e;.
SUBJECT: 401 Water Quality Certification and 404 Permit Application for Landfall
Associates, Wilmington, New Hanover County, North Carolina. Reference:
000833.
The North Carolina Wildlife Resources Commission has reviewed the project for impacts
to wildlife and fishery resources. Our comments are provided in accordance with provisions of
the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), Section
401 of the Clean Water Act (as amended), and North Carolina General Statutes (G. S. 113 -13 1 et
seq.).
The applicants wish to fill 1.57 acres of jurisdictional wetlands to facilitate construction of
a "Retirement Village" within the Landfall development by a third party. It is our understanding
the current permit and certification authorizes filling of 83.5 acres of wetlands, 81.1 acres of
which have currently been filled. We recommend that the total authorized wetland impact of 83.5
acres not be exceeded for this and all subsequent development activities within the entire project
boundary in perpetuity.
Thank you for the opportunity to comment. If you have questions, please call me at (252)
522-9736.
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] ext. 281 - Fax: [phone]