Loading...
HomeMy WebLinkAbout20061274 Ver 2_Public Notice_20070502i 1 4 v� US Army Corps PUBLIC NOTICE Of Engineers Wilmington District Issue Date: April 27, 2007 Comment Deadline: May 29, 2007 Corps Action ID #: 200600208 The Wilmington District, Corps of Engineers (Corps) has received an application from DCNC North Carolina I, LLC seeking Department of the Army authorization to impact 70 feet of stream channel, 0.063 acres of riparian wetlands, and 2.173 acres of non - riparian wetlands associated with the construction of Phase II of Turtle Creek Subdivision in 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 www.saw.usace.army.mil/wetlands Applicant: DCNC North Carolina I, LLC POC: Brian Dilsheimer 2528 Independence Boulevard Wilmington, North Carolina 28401 AGENT (if applicable): Environmental Services, Inc. POC: Josh Witherspoon 524 South New Hope Road Raleigh, North Carolina 27610 Authority agk9 MAY 2 2007 0ENR - WATER QUALITY VVETtANN MD gT�liR!a41NAT�R BRANCH The Corps will evaluate this application and a decide whether to issue, conditionally issue, or deny the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act (33 USC 1344). Location The 244.52 acre project site is located in Surf City, NC, on the north side of Highway 210 with a property connection to Highway 17 in Pender County, NC. The site can be located at 34° 27.31' N and 77° 34.93' W. Existing Site Conditions According to the Pender County Generalized Soil Survey, the site contains Leon fine sand, Kureb fine sand, Onslow fine sand, Mandarin fine sand, Murville Muck, and Marvyn/Craven soils. The uplands seem to be generally comprised of the Leon, Mandarin, and a portion of the Onslow soil group. The wetlands are mapped as Onslow, Murville Muck, and Marvyn/Craven soils. Phase I of the Turtle Creek Subdivision has already been permitted on the southern portion of the site. The first phase of this subdivision required 0.41 acres of jurisdictional impact to develop a self contained phase with two entrances off Highway 210. Where not covered by the existing permit the site is generally wooded. The topography of the site is generally flat to gently rolling. The central wetland portion of the property is currently preserved under restrictive covenants. Becky's Creek forms the eastern boundary with an existing jurisdictional pond in the southeast section connected to Becky's Creek. The wetlands vegetation canopy is comprised primarily of loblolly pine (pinus taeda), pond pine (pinus serotina), red bay (persea borbonia), red maple (acer rubrum), and sweet gum (liquidambar styraciflua). The understory is typical pocosin vegetation with dense gallberry (ilex glabra), fetter -bush (lyonia lucida), laurel leaf greenbrier (smilax laurifolia), cinnamon fern (osmunda cinnamomea) and wax myrtle (myrica cerifera). The on-site uplands canopy is comprised of long leaf pines (pinus palustris), loblolly pines (pinus taeda), turkey oak (quercus laevis), and sweetgum (liquidambar styraciflua). The understory contains andropogon sp., panicum sp., pepper bush (clethra alnifolia) and wire grass. Based on the generalized soil survey the soils in the wetlands are characterized by medium infiltration and low surface runoff while the soils in the uplands are characterized as rapid infiltration with slow surface runoff. Applicant's Stated Purpose The overall purpose of this project is to provide a residential community capable of attracting citizens from primarily the eastern seaboard by providing affordable housing in an area where the availability of this type of housing is declining. Additionally, the purpose of this project also includes the following: the necessity for traffic from the development to access US 17 in an efficient manner, to keep the traffic flowing smoothly through the development, and to provide an alternate entrance to the development so all traffic wanting to access the development does not utilize the NC 210 entrance. Project Description The site would be developed for a residential subdivision using heavy construction equipment. Phase 1 of The Villages at Turtle Creek has previously been permitted under Nationwide Permit 39 and 401 Water Quality Certification. Phase 2 of this development is being applied for under this Individual Permit Application. Phase 2 involves eleven wetland crossings (impacts 10-20) and one stream crossing (impact 12) which would allow home owner access as well as emergency services access to US 17. The total 2 impacts from the various road crossings would be 70 feet of stream channel, 0.063 acres of riparian wetlands, and 2.173 acres of non -riparian wetlands. There is currently no lot fill proposed for the development of this subdivision. To mitigate for the wetland impacts the applicant has proposed to conserve the remaining wetlands within Phase 2 and approach the North Carolina Ecosystem Enhancement Program for 0.063 acres of riparian and 2.173 acres of non -riparian wetland credits. Other Required Authorizations This notice and all applicable application materials are being forwarded to the appropriate State agencies for review. The Corps will generally not make a final permit decision until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and this public notice combined with appropriate application fee at the North Carolina Division of Water Quality central office in Raleigh will constitute initial receipt of an application for a 401 Water Quality Certification. A waiver will be deemed to occur if the NCDWQ fails to act on this request for certification within sixty days of the date of the receipt of this notice in the NCDWQ Central Office. Additional information regarding the Clean Water Act certification may be reviewed at the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard, Raleigh, North Carolina 27604-2260. All persons desiring to make comments regarding the application for certification under Section 401 of the Clean Water Act should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ), 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604-2260: Attention: Ms Cyndi Karoly by May 22, 2007. The applicant has not provided to the Corps, a certification statement that his/her proposed activity complies with and will be conducted in a manner that is consistent with the approved North Carolina Coastal Zone Management Program. Pursuant to 33 CFR 325.2(b)(2), the Corps can not issue a permit for the proposed work until the applicant submits such a certification to the Corps and the North Carolina Division of Coastal Management (NCDCM), and the NCDCM notifies the Corps that it concurs with the applicant's consistency certification. Essential Fish Habitat This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. he Corps' initial determination is that the proposed project will not adversely impact EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. Cultural Resources The Corps has consulted the latest published version of the National Register of Historic Places and is not aware that any registered properties, or properties listed as being eligible for inclusion therein are located within the project area or will be affected by the proposed work. Presently, unknown archeological, scientific, prehistoric, or historical data may be located within the project area and/or could be affected by the proposed work. Endangered Species The Corps has 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. A final determination on the effects of the proposed project will be made 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." According to the applicant, the site would have suitable foraging habitat for the Red - cockaded woodpecker (RCW) but the habitat within the project area is not contiguous to or within 300 feet of nesting habitat. It is the applicant's opinion that the project should have no effect on RCW. 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. 2 Commenting Information The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials, including any consolidate 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 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. Written comments pertinent to the proposed work, as outlined above, will be received by the Corps of Engineers, Wilmington District, until 5pm, May 29, 2007. Comments should be submitted to Regulatory Specialist, Brad Shaver at (910) 251-4611. 5 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003 /33 CFR 3251 Expires December 31, 2004 The Public burden for this collection of information is sestimated to average 10 hours per response, although the majority of applications should require 5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection , Research and Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. (ITEMS RF1 ow Tn RF Fu / Fn RV Anal Id- ARM 5. APPLICANT'S NAME ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS 11. NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED n(APPLICATION � 5r /V .,/ g<)0� ` K j© (ITEMS RF1 ow Tn RF Fu / Fn RV Anal Id- ARM 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE fan agent is rot required) 6. APPLICANT'S ADDRESS 1)(,A/(- I 10rk Carol " nom Z L -LX' 9. AGENT'S ADDRESS V , ra�,�n1ne�n`�a , �$ iJ ��Q�CJ� �i�cQ. 1�1VA, � 5r /V .,/ g<)0� ` K j© 7.. APPLICANT'S P ONE NOS. W/AREA CODE 10. AGENT'S PHONE NOS. W/AREA CODE a. Residence a. Residence b. Business b. Business CV� 11 • STATEMENT OF AUTHORIZATION I hereby authorize, 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 permit application. APPLICANT'S SIGNATURE DATE NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE Iseemstrucrions.. '13. NAME OF WATERBODY, IF KNOWN litapp)icabiel 15. LOCATION OF PROJECT COUNTY STATE 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (seeinstructians) 14. PROJECT STREET ADDRESS afapp#.we) 17. DIRECTIONS TO THE SITE ENG FORM4346, Jul7 EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR) 18. Nature of Activity (Description of proiect, include all features) 19. Project Purpose rDesWbe the reason or purpose of the project, see instructions) 5-e . A-4c�hrvv� USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge __ ff ww s �' ��C..1 ivl 21. Types) of Material Being Discharged and the Amount of Each Type in Cubic Yards 22. Surface Area in Acres of Wetlands or [j Other Wattesrs Filled (see instructions) 23. Is Any Portion of the Work Already Complete? Yes No IF YES, DESCRIBE THE COMPLETED WORK 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list), " 25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application, AGENCY TYPE APPROVAL` IDENTIFICA T ION NUMBER DATE APPLIED DATE APPROVED DATE DENIED would include but is not restricted toLzoning, building and flood plain permits 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. 3L-310,:7- SIGNATURE OF APPLICANT DATE SIGNATURE OFANT DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C, Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious. or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. AGENT AUTHORIZATION AGREEMENT To: Mr. Ronnie Smith US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 I, Brian D. Dilsheimer , representing DCNC North Carolina I. LLC (applicant/owner)hereby authorize Josh Witherspoon of Environmental Services. Inc. to act as our authorized agent with regard to the Villages at Turtle Creek Individual Permit Application This project is located in Surf City in Pender County, North Carolina. orth Carogna I, L.L.C. By: Dilsheimer Communities of North Carolina, LLC, its Manager, By: Brian D. Dilsheimer, Manager Joint Federal and State Application Form For Activities Affecting Waters of the United States or Waters of the State of North Carolina The Villages at Turtle Creek Phase 2/DCNC North Carolina I, LLC 18. Nature of Activity The site will be developed for a residential subdivision using heavy construction equipment. Phase 1 of The Villages at Turtle Creek has previously been permitted under Nationwide Permit 39 (Action ID # 200600208) and 401 Water Quality Certification (DWQ Project # 20061274). Phase 2 of this development is covered under this Individual Permit Application (Figure 1 in Appendix A). Phase 2 was not fully designed at the time of the PCN submittal. Eleven wetland crossings (impacts 10-20) and one stream crossing (impact 12) will allow homeowner access as well as emergency services access to US 17 (Sheets 1-13 in Appendix A). 19. Project Purpose The overall purpose of this project is to provide a residential community capable of attracting citizens from primarily the eastern seaboard by providing affordable housing in an area where the availability of this type of housing is declining. Wetlands bisect the property. Specifically, one wetland area bisects the portion of the property adjacent to US 17 within Phase 2 and separates this portion of the site from the remainder of the property. The purpose of this project is to provide access from US 17 to the remainder of the property. "The Town of Surf City has determined that a major entrance into the development from US 17 is critical to the project, and thus, is required to ensure adequate and safe provision of emergency services, such as emergency medical, fire prevention, and public safety support" (see letter from the Town of Surf City in Appendix B). Additionally, the purpose of this project also includes the following: the necessity for traffic from the development to access US 17 in an efficient manner, to keep the traffic flowing smoothly through the development, and to provide an alternate entrance to the development so all traffic wanting to access the development does not utilize the NC 210 entrance. See Appendix A for area layouts for Areas 10 - 20. This provides detail of each road crossing. 20. Reason(s) For Discharge Wetland impact 10 (0.15 acre) is due to a road crossing and is within the previously permitted Phase Two 24 inch culverts will be installed to ensure hydrologic connectivity of the wetland area. Wetland impact 11 (0.235 acre) is due to a road crossing. The road alignment is at the narrowest area of the wetland. Two 15 inch culverts will be installed to ensure hydrologic connectivity of the wetland area. Wetland impact 12 (0.623 acre) is due to a road crossing. The road alignment is at the narrowest area of the wetland. Five 48 inch culverts will be installed to ensure hydrologic connectivity of the wetland area. This impact includes 70.0 linear feet of stream impact. Impact 12 is necessary to provide access from the Phase 1 of the project to US 17. Wetland impact 13 (0.019 acre) is due to road alignment and the necessary side slopes of the hammer head. Wetland impact 14 (0.123) is due to road alignment and the necessary side slopes of the hammer head. Wetland impact 15 (0.203 acre) and 16 (0.691 acre) are due to a road crossing. The road alignment is at the only portion of the wetlands possible for any road alignment and due to the configuration of the property. Two 48 inch culverts will be installed at each of the crossings to ensure hydrologic connectivity of the wetland areas. Impacts 15 and 16 are necessary to provide access from the Phase 1 of the project to US 17 as well as to provide access to a large upland area within Phase 2. Wetland impact 17 (0.044 acre) is due to a road crossing. The road alignment is at the narrowest area of the wetland. Two 15 inch culverts will be installed to ensure hydrologic connectivity of the wetland area. Wetland impact 18 (0.055 acre) is due to a road crossing and is within the previously permitted Phase 1. Three 60 inch culverts will be installed to ensure hydrologic connectivity of the wetland area. Wetland impact 19 (0.085 acre) is due to road alignment and the necessary side slopes of the road. Wetland impact 20 (0.008 acre) is due to a road crossing. The road alignment is at the narrowest area of the wetland. 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards. The impacts to Waters of the U.S. are necessary for road construction and the associated side slopes associated with Phase 2. Culverts will be place within the fill in order to ensure hydrologic connectivity within the wetlands impacted. See table 1 below. Filling: 2.173 acres 16,039 cubic feet Table 1. Road Crossing Impact Details for The Villages at Turtle Creek Wetland Impact.# Non Riparian Fill (Square feet) Non -Riparian Fill (Acres) Riparian Fill (Square feet/acres) Approx. Fill Volume (CU.YD.) 10 6,546.44 0.150 0 658 11 10,228.20 0.235 0 1,515 12 24,422.44 0.560 2,729.78/0.063 a 5,028 13 831.96 0.019 0 123 14 5,356.10 0.123 0 397 15 8,851.01 0.203 0 1,639 16 30,119.71 0.691 0 5,578 17 1,898.6 0.044 0 96 18 2,402.41 0.055 0 285 19 3,687.93 0.085 0 683 20 331.49 0.008 0 37 Totals: 94,676.29 2.173 2,729.78/0.063" 16,039 Stream Impacts Road Crossing/ Stream Name Perennial (ft) Important (ft) DWQ Stream Score USACE Stream Score Wetland Impact # 12 70.0 70.0 33.3 83 Totals: 70.0 70.0 a Riparian wetland area is based on twice the maximum depth of the channel perpendicular to channel. 24. Names and addresses of all adjoining properties. (Appendix A) 16. List all certifications, Approvals, and Denials received from Federal, State, or Local Agencies for work described in the in this application. USACE Jurisdictional Determination approval: Action ID # 200600208 (reviewed by Mr. Ronnie Smith) USACE Nationwide Permit 39: Action ID # 200600208 NCDWQ 401 Water Quality Certification: DWQ Project # 20061274 Stormwater Permit No.: SW8 060608 (Phase 1 and 2) Erosion and Sediment Control (ESC) Permit Project ID: Pende-2006-456 (Phase 1) ESC Permit No. for Right -of -Way Improvements Project ID: Pende-2007-287 (DOT ROW) ESC Permit -No.: WQ0030161 (Phase 1 and 2) Public Water Supply Authorization to Construct: Serial No. 0600974, Town of Surf City 0741015 (Phase 1) Public Water Supply Authorization to Construct: Serial No. 0601655, Town of Surf City 0741015 (Phase 2) Additional Information Alternative Analysis No Action Alternative A "No Action" alternative is here considered to be one that avoids all wetland and surface water impacts. Due to the constraints dictated by site topography and land -grading requirements, this project cannot be downsized or shifted to avoid all jurisdictional areas and still satisfy project purpose and need. Additionally, due to the necessary area needed for a development such as this, it has proven to be extremely difficult, if not impossible, to locate a different site of this size where no jurisdictional areas occur in the Coastal Plain of North Carolina. A "No Action" decision at this location would result in negative economic impacts to moderate income families due to the decline of affordable housing in the area that the Villages of Turtle Creek would provide. The "No Action" alternative is not capable of achieving the applicant's stated purpose and need of the proposed project. Preferred Alternative (Proposed Site) The area around Surf City is currently experiencing rapid growth. Land values on the island are extremely high, and there is simply not much undeveloped land remaining to sustain a residential development of this type. As the Town of Surf City continues to expand and more people relocate to this area, finding affordable housing will continue to be a challenge. The Villages at Turtle Creek plans to provide affordable housing for moderate income families. The Villages at Turtle Creek site is centrally located between US 17, NC 210 and HWY 50. The large tract of land in close proximity to the Town of Surf City, Jacksonville, and the City of Wilmington has been determined through market analysis to be an ideal place to fill the need for more housing in the area. DCNC contacted several property owners concerning properties adjacent to or in the vicinity of the Turtle Creek project concerning purchasing their properties in order to possibly minimize and avoid jurisdictional impacts. There was very little interest from the parties other than the parties from which DCNC purchased the current parcels for the project site. Other properties with US 17 frontage or near US 17 were evaluated for potential purchase. These properties were encumbered by access easements or rights-of-way through private property to access US 17. Obtaining subdivision access through these private easements is generally impractical. One parcel evaluated with frontage on US 17 had issues with the title. The parcels purchased for the project site to allow access from US 17 were purchased specifically for access to US 17. The preferred alternative provides connectivity to US 17 as requested by the Town of Surf City. The following information lists the primary reasons that DCNC has chosen the project site for The Villages at Turtle Creek project. Environmental 1. The topography of the site is generally flat to gently rolling and is well suited to development. 2. Some areas of the site are flat and open, which lend the land to higher density development. 3. The existing pond on the site is a tremendous asset to the project. The pond on the property would be extremely difficult to construct today due to cost and the current environmental regulations. 4. The site has no hazardous issues hindering development. 5. There are no protected species issues associated with this site. 6. The site does not contain any Areas of Environmental Concern regulated under CAMA. Avoidance and Minimization The appropriate roadway design is critical to allow the remainder of the project site to be properly planned and designed. The design team believes that the roadway design presented in this permit application and report represents the most practicable and least environmentally damaging alternative while still maintaining the applicant's purpose and need. Completely avoiding wetland and stream impacts from road crossings is not possible on this property. The position of the wetlands and streams in the landscape makes it virtually impossible to avoid jurisdictional impacts. The design team has made tremendous efforts to reduce the amount of unavoidable impacts to wetlands and streams. Road alignments have been modified where feasible. Crossings have been designed to cross wetlands at their narrowest point in most instances. During the design process of this project, several design iterations were produced that would result in varying jurisdictional impacts (figures in Appendix Q. The original site plans (Fig. 2A and 2B) proposed 3.28 acres of jurisdictional impacts for the entire project (Phases 1 and 2). Revisions were made to these plans to further avoid and minimize impacts (Fig. 2C and 2D) and reduced proposed impacts to 2.689 and 2.841 acres respectively. The current site plan reflects further minimization and avoidance and proposes to impact 2.647 acres for the entire project site. A previous Nationwide Permit authorized 0.41 acre of jurisdictional impacts for Phase 1, resulting in 2.236 acres of additional jurisdictional impacts within Phase 2. Avoidance —Jurisdictional stream and wetland areas are present within the project study area. During the planning and design phase of a project, efforts should be made to avoid impacts to the greatest extent practicable. It is not be possible to avoid all impacts to jurisdictional areas, due to design constraints. The Turtle Creek design team has gone to great lengths to avoid wetland and stream where practicable. Certain unavoidable impacts are necessary to fulfill the applicant's purpose and need. Residential lots were also removed from certain areas to avoid jurisdictional impacts. Minimization — The design team has minimized jurisdictional impacts to wetlands and streams. Road crossings have been designed to avoid wetland impacts to the greatest extent. Fill slopes have been designed to minimize the amount of fill needed at wetland crossings. Wetlands are being crossed at their narrowest points as safety and engineering practices allow. As previously mentioned, the design team has reduced the total amount of jurisdictional impacts within the project site from 3.28 acres to 2.647 acres. Compensatory Mitigation - The applicant is proposing a variety of compensatory mitigation measures to offset the unavoidable loss of jurisdictional areas resulting from construction of Phase 2 of The Villages at Turtle Creek. Mitigation will be required for 0.063 acre of riparian wetland fill and 2.173 acres of non - riparian wetland fill. In accordance with USACE and DWQ current standards, mitigation will not be required for the 70.0 feet of stream channel. Proposed mitigation procedures include the conservation non -impacted wetlands within Phase 2 of the project site in addition to the 61.5 acres conserved under the NWP 39 for Phase 1 of the project site. Additionally, payment into the Ecosystem Enhancement Program for 0.063 acre of riparian wetland impacts and 2.173 acres of non -riparian wetland impacts has been requested. Federal Protected Species Species with the federal classification of Endangered (E), Threatened (T), or officially Proposed (P) for such listing, receive protection under the Endangered Species Act of 1973 (16 US 1531 et seq.) as amended. The most recent list prepared by the United States Fish and Wildlife Service (USFWS) is dated 29 January 2007. This list indicates that thirteen endangered species have ranges considered to extend into Pender County. Table 2 lists these thirteen species. Records held by the North Carolina Natural Heritage Program (NCNHP) were reviewed by ESI on 21 March 2007 to determine if any federal protected species have been documented from the project study area or the surrounding vicinity. NCNHP records indicate a known occurrence of an American alligator approximately 2.5 miles south of the project site. NCNHP records indicate no known occurrences of any of the other species within 3.0 miles of the project site. Table 2. Federal Protected Species for Pender County, North Carolina (29 January 2007 list) Common Name Scientific Name Federal Status Habitat Present Biological Conclusion American alligator Alligator mississippiensis T(S/A) Y None Required Bald eagle Haliaeetus leucocephalus T N No Effect Green sea turtle Chelonia mydas (incl. agassizi) T 'N No Effect Loggerhead sea turtle Caretta caretta T N No Effect Piping plover Charadrius melodus T N No Effect Red -cockaded woodpecker Picoides borealis E Y No Effect Shortnose sturgeon Acipenser brevirostrum E N No Effect West Indian manatee Trichechus manatus E N No Effect American chaffseed Schwalbea Americana E N No Effect Cooley's meadowrue Thalictrum cooleyi E N No Effect Table 2 continued. Golden sedge Carex lutea E N No Effect Rough -leaved Lysimachia asperulaefolia E Y No Effect loosestrife Seabeach amaranth Amaranthus pumilus N No Effect T a E — Endangered, T — Threatened, T(S/A) — Threatened due to similarity of appearance. *Historic record — the species was last observed in the county more than 50 years ago. NCNHP records indicate no documented occurrences of RCW within 3.0 miles of the project site. Suitable foraging habitat for the RCW was identified within the pine woodland community type in the mid-portion of the project site. Alteration of the pine woodland is anticipated as a result of this project. However, this suitable foraging habitat within the project site is not contiguous to or within 300 feet of suitable foraging or nesting habitat. Therefore, this project should have no effect on RCW. NCNHP records indicate no documented occurrences of rough -leaved loosestrife within 3.0 miles of the project site. Suitable habitat for rough -leaved loosestrife was identified in the ecotone between long -leaf pine savannas and shrubby wetland areas throughout the project site. ESI biologists viewed multiple rough -leaved loosestrife individuals to assess its current vegetative status on June 5, 2006 prior to visiting the project site. These individuals were observed at the North Carolina Botanical Garden in Chapel Hill, North Carolina. The species was fully recognizable as it was in its flowering stage. The survey for rough -leaved loosestrife was conducted within its survey window (mid May - June) during the weeks of June 19 and June 26, 2006 by ESI biologists Lauren Cobb, Gail Tyner, John Merritt, and Robert Turnbull. Pedestrian transects were walked throughout the areas identified as suitable habitat within the project study area in order to document the presence or absence of rough -leaved loosestrife. No rough -leaved loosestrife was identified within any of the areas identified as suitable habitat. Therefore, it is ESI's professional opinion that this project will have no effect on rough -leaved loosestrife. No other habitat for any of the remaining listed species occurs within the project boundaries. Cultural Resources ESI submitted a letter to Peter Sandbeck of the North Carolina State Historic Preservation Office (SHPO) dated 12 March 2007 requesting formal regulatory clearance for Phase 2 of the Villages at Turtle Creek by the SHPO (see Appendix B). This information was forwarded to Mr. Nathan Henry of the Ft. Fisher Office of the North Carolina Office of State Archaeology in an email dated 7 March 2007. In an email dated 8 March 2007, Mr. Henry stated that he would not recommend an archaeological survey of this phase of the project (Appendix B). ESI has not received formal clearance from SHPO at the date of the permit application submittal. Appendix A Project Figures P:\GeoGra\Projects\20061043\acad\loc_v02.dwg, 3232007 1:56:31 PM Ful -MIN v> Project Location Q Project Boundary 0 1000 2000 Feet 1 inch equals 2,000 feet. Source: USGS Digital Raster Graphics, Holly Ridge Quadrangle, 1970. Disclaimer. Information represented on this map was derived from secondary data sources and is to he used for general planning purposes only. No warranties or representations of accuracy are expressed or implied. / J r'•V Phase 2 ' W. r Phase 1~ . Wi 01 �51�1-7�1177 Mw a s c �# ^s: fi E f� •f C. r t fix' rwn{{ 't -- ENVMONMENTAL Project: ER06043.00 SERVICES,INC. Project Location Date: Mar 2007 524 Newth Carolina 27610 pe Road Raleigh, North The Villages at Turtle Creek - Phase 2 Ral (919)212-1760 Drwn/Chkd: AJS/JW (919)212-1707 FAX Pender County, North Carolina P:\GeoGm\Projects\20061043\amd\ioc_v02.dwg, 32320071:56:31 PM I/ NOTE: TOTAL AREA = 244.52 ACRES w� _' \ op oto -k2.-1 4 v2 SON LOOP 4 ZC C 1 QC 61 7 O Y N C O W S Lr-LLJ 4 �z ii o�y Ld W IL Lu T 4 9 I n SCALE OF MAP MAY VARY DUE TO METHODS OF REPRODUCTION. �' NON -RIPARIAN WETLAND, RIPARIAN WETLAND, AND STREAM IMPACTS FROM ROAD CROSSINGS WETLAND IMPACT AREA AREA NUMBER (SO. FT.) (AC.) 1 1,119.27 0.026 2 521.39 0.012 3 183.40 0.004 4 712.32 0.016 5 6,358.69 0.146 6 2,110.97 0.048 7 3,321.42 0.076 8 1,966.22 0.045 9 1,594.91 0.037 10 6,646.44 0.150 11 10,228.20 0.235 12 27,152.22 0.623 13 831.96 0.019 14 5,356.10 0.123 15 8,851.01 0.203 16 30,119.71 0.691 17 1,898.60 0.044 18 2,402.41 0.055 19 3,687.93 0.085 20 331.49 0.008 TOTAL WETLANDS IMPACTED; 115,294.66 2.647 TOTAL NON -RIPARIAN 112,564.88 2.584 WETLANDS IMPACTED: TOTAL RIPARIAN 2,729.78 0.063 WETLANDS IMPACTED: TOTAL STREAM IMPACT: r 70.01F. NOTE: WETLAND IMPACT NUMBERS 1-9 WERE APPROVED UNDER NATIONWIDE PERMIT (NWP) ACTION ID #200600208 DATED JANUARY 16, 2007. I CONSERVATION AREAS (NON—IMPACTED WETLAND AREAS) WETLAND AREA CONSERVATION (ACRES) AREA NUMBER IMPACTED NON—RIPARIAN WETLANDS (NATIONWIDE PERMIT) 1 30.56 2 2.35 3 28.59 TOTAL IMPACTED RIPARIAN WETLANDS (INDIVIDUAL PERMIT) AREA 61.50 �CONSERVED 257. OF TOTAL AREA) RIPARIAN WETLANDS JURISDICTIONAL STREAM CHANNEL #16 #15 wm me v #14- NOTE: TOTAL SITE AREA = 244.52 ACRES EXISTING WETLAND AREA = 100.03 ACRES PROPOSED WETLAND AREA (AFTER IMPACTS) = 97.38 ACRES WETLAND AREAS IN CONSERVATION = 61.50 ACRES CONSERVATION CONSERVATION AREA #1 AREA #2 (30.56 ACRES) (2.35 ACRES) oco* #19 #13 404 / \_#9 \- #17 #8 8� now amv j #7 #6 CONSERVATION AREA #3 (28.59 ACRES) 404 #10 x• EXISTING BOTTOMLESS CULVERT SEE DETAIL 13 SCALE: 1" =600' 600' 0 600' SCALE OF MAP MAY VARY DUE TO METHODS OF REPRODUCTION. oLo-Ia-1L4 v2 /- #18 PROPOSED AMENITY AREA 'p' nnmmry 6umme x• I(4 0� JURISDICTIONAL STREAM CHANNEL E 0 c 0 2 CD s� N I n 4i LEGEND THATCH/BOUNDARY' AREA 404 JURISDICTIONAL WETLANDS IMPACTED NON—RIPARIAN WETLANDS (NATIONWIDE PERMIT) L--�-+-� IMPACTED NON—RIPARIAN WETLANDS (INDIVIDUAL PERMIT) ® IMPACTED RIPARIAN WETLANDS (INDIVIDUAL PERMIT) WETLANDS CONSERVATION AREA ❑ LOTS WITH FOOTPRINT RESTRICTIONS CONSERVATION AREA #3 (28.59 ACRES) 404 #10 x• EXISTING BOTTOMLESS CULVERT SEE DETAIL 13 SCALE: 1" =600' 600' 0 600' SCALE OF MAP MAY VARY DUE TO METHODS OF REPRODUCTION. oLo-Ia-1L4 v2 /- #18 PROPOSED AMENITY AREA 'p' nnmmry 6umme x• I(4 0� JURISDICTIONAL STREAM CHANNEL E 0 c 0 2 CD s� N I n 4i a(o—ta,') q V s. 13 31 XAn., to 404 WETLANDS E3 6 CL SF LIJ #4 kfn ctf 124 /31- 32 103-- -91 LL 122 404 WETLANDS 85 9 a N 30 SCALE: 1 = 50' 50' 0 50 31 DUE TOSCOF MAP MAY VARY METHODS OF REPRODUCTION. � ZI (8 4.08' 160 ---39 is 404 WETLANDS 3�-CA 162 CA 39 SPI 11/10 �� � / 171 172 n in - il-1 4 404 WETLANDS l Q4 4 Q Q. Ll 0 07o A L P: 3 2 ` w 4� Q) P -i to Ltj ziwo 'f :tzz 36 cl: Vt uj 38 F-3 . QRS 25 Q, 144 Lvu, Q � LL:z j uto w N, IN, tn R q S 13 di SCALE: l" = 50' 50' 0 50' nw SCALE OF MAP MAY VARY DUE TO METHODS OF REPRODUCTION. L , t 4.08' 160 ---39 is 404 WETLANDS 3�-CA 162 CA 39 SPI 11/10 �� � / 171 172 n in - il-1 4 404 WETLANDS l Q4 4 Q Q. Ll 0 07o A L P: 3 2 ` w 4� Q) P -i to Ltj ziwo 'f :tzz 36 cl: Vt uj 38 F-3 . QRS 25 Q, 144 Lvu, Q � LL:z j uto w N, IN, tn R q S 13 di SCALE: l" = 50' 50' 0 50' nw SCALE OF MAP MAY VARY DUE TO METHODS OF REPRODUCTION. f 00 1 2 LP: 43.26' ' s•, HP: 43.62' 202 n N 180 i; 1 178 204 / loll J 404 WETLANDS O167 \ � j r / TWO PROPOSED 15" CULVERTS - 7 BURIED TO DEPTH OF 50% OF DIAMETER OF CULVERT (TYP.) SEE DETAIL 2 13 176 175 174 M i azv) J r" w o COQ \LP: 38.59' 4QQ i�i� �� �-a'l::.n� .vet .•� ,••:•• .�•`� I �� HP: 40.05' Q coiE 13 37 - 157 SCALE: 1" = 60' � I 60' 0 60' SCALE OF MAP MAY VARY DUE TO METHODS OF REPRODUCTION. 11 I I I I I l I 404 WETLANDS Lij ti / `3 \ \ \ 6 � W PROPOSED 140 LF RETAINING WALL SEE DETAIL 4 Y -3— a IE: FUTURE PHASE TO BE GRADED 5' TO EXISTING GRADE AND IOW EXISTING DRAINAGE PATTERN POSSIBLE, GIVEN PROPOSED 'ROVEMENTS. l I 404 WETLANDS 17 SPACES � � V E9 lcp L \ m \\ 1 z� I 1 > L3 a ca { 0 SCALE OF MAP MAY VARY \ x 5 DUE TO METHODS OF REPRODUCTION. LwL,LLJ 1Z a z \ \ \ 21UN Q' Q llh O \ �x ¢�Q .�• � Q �� DOS z�'th S oQ l \ Z TWO PROPOSED 24 CULVERTS 5 BURIED TO DEPTH OF 50% OF :;� DIAMETER OF CULVERTS (n?. SEE DETAIL 2 :. �#9 '9- O 13 o I 404 WETLANDS I � J � a� N SCALE: 1" = 50' 50' 0 50' 2� SCALE OF MAP MAY VARY DUE TO METHODS OF REPRODUCTION. w z V 1:21 4 O 0 ( ti 3t \ \ \moo LQ O:z it w N 113 f� ►„ -' 1 �'1 4 o�p - i a-1 4 / UM: FUTE PHASE TO BE GRADED 5' TO EXISTING GRADE AND UM: / FOLLOW EXISTING DRAINAGE PATTERN S AS POSSIBLE, GIVEN PROPOSED IMPROVEMENTS.170- zm Of cy) 1 /\ z E3 \ \ �•� \ �� \ ':nom SCALE: 1" = 50' 4 50' 0 50 . a o SCALE OF MAP MAY VARY DUE TO METHODS OF REPRODUCTION. # 12 / w o v- -41— RIPARIAN - ____41----RIPARIAN --39 cj Q Q _ WETLANDS ,r 39 39 APPROX. CENTER OF STREAM CHANNEL (EXTENDED FOR WIDTH OF ROAD) --38 # 14 J f z a 39 JURISDICTIONAL 8--'" FIVE PROPOSED 48" CULVERTS \ ____ STREAM CI• ANNE) r �- BURIED TO ' DEPTH OF 50% OF DIAMETER OF CULVERTS (TYP.) r3 _SEE DETAIL 2 _ 13 \ PROPOSED 48" CULVERT. FOR STREAM 3 A - CROSSING 404 WETLANDS SEE DETAIL 3 CA 'N 4D 404 WETLANDS 1 {. x �019 � � cp� � � FUTURE PHASE TO BE GRAE #19 5' TO EXISTING GRADE AND FOLLOW EXISTING DRAINAGE PATTE AS POSSIBLE, GIVEN PROPOSED .4 404 r WETLANDS / 16 TWO PROPOSED 48" CULVERTS BURIED TO DEPTH OF 50% OF DIAMETER OF CULVERTS (TYP.) SEE DETAIL/'g-'\\' # 15 TWO PROPOSED 48" CULVERTS ' BURIED TO DEPTH OF 50X OF DIAMETER OF CULVERTS (TYP.) SEE DETAIL 13 C) Lo � FUTURE PHASE TO BE GRADED 5' TO EXISTING vta { GRADE AND /FOLLOW EXISTING DRAINAGE PATTERN 0 g 60' 0 60' AS POSSIBLE. GIVEN PROPOSED IMPROVEMENTS. g� s SCALE OF MAP MAY VARY CD .4 404 r WETLANDS / 16 TWO PROPOSED 48" CULVERTS BURIED TO DEPTH OF 50% OF DIAMETER OF CULVERTS (TYP.) SEE DETAIL/'g-'\\' # 15 TWO PROPOSED 48" CULVERTS ' BURIED TO DEPTH OF 50X OF DIAMETER OF CULVERTS (TYP.) SEE DETAIL 13 vta { t .-- SCALE: 1" = 60' 0 g 60' 0 60' g� SCALE OF MAP MAY VARY DUE TO METHODS OF REPRODUCTION. w z v o ti Lz Z w4 4oz Lu 404 WETLANDS w Qa INN INNER RADIUS 37 3/8" TOP RADIUS 258 3/4" ALUMINUM BOTTOMLESS CULVER' W/ WING WALL (WING WALI SHALL BE DESIGNED BY AN[ BARE THE SEAL OF P.E. LICENSE[ IN NORTH CAROLINA PROPOSED FINISHED GRADE 2'-10" NOTE: NON—RIPARIAN WETLAND LINE APPROX. 20' AT WIDEST POINT CONCRETE FOOTING PER MANUFACTURER'S STREAM (UNDISTURBED) SPEC1FlUATIONS (MIN. 4,000 PSI CONCRETE) ALUMINUM BOTTOMLESS CULVERT TYPICAL FOR WETLAND AND STREAM CROSSINGS. TO BE DESIGNED BY OTHERS. DIMENSIONS TO BE CONFIRMED POST SOIL EVALUATION FOR FOUNDATIONS. APPROX. 273' AT WIDEST POINT RIPARIAN WETLAND ILINE 48" STORM Fl HIGH FLOW CUL 31' 2' WETLAND LINE APPROX. JURISDICTIONAL STREAM CHANNEL RIPARIAN WETLAND LINE 4'8" STORM FLOW/ HIGH FLOW CULVERT PROPOSED FINISHED GRADE EXISTING GRADE BANKFULL WATER LEVEL IN STREAM CHANNEL 48" CULVERT WITH 2' BURIED BELOW STREAMBED NON—RIPARIANNON—RIPARIAN WETLAND LINE VARIES WETLAND LINE PROPOSED FINISHED GRADE EXISTING GRADE oLo - �a,1-) y Qa L Z129 CD Q a v VARIABLE CULVERT TOTALS, SIZES, AND LENGTHS WITH AT LEAST 20% OF EACH PIPE BURIED BELOW WETLAND SURFACE FOR PIPES EQUAL TO OR LESS THAN 48". 60" PIPES y ARE BURIED BELOW WETLAND SURFACE AT LEAST ONE FOOT. a SEE PLAN FOR PIPE TOTALS AND SIZING. IF MORE THAN ONE PIPE, PIPES WILL BE SPACED AT LEAST ONE FOOT APART FROM OUTSIDE DIAMETER. ro NOTE: PER USACE NWIUP REGIONAL CONDITIONS, CULVERT INVERTS WILL BE BURIED AT LEAST ONE FOOT BELOW THE BED OF THE WETLAND FOR CULVERTS GREATER THAN 48 INCHES IN DIAMETER. FOR CULVERTS 48 INCHES IN DIAMETER OR SMALLER, CULVERTS MUST BE BURIED BELOW THE BED OF THE WETLAND TO A DEPTH EQUAL TO OR GREATER THAN 20% OF THE DIAMETER OF THE CULVERT. NON—RIPARIAN WETLAND DETAIL i MO. w NOTE: TO BE DESIGNED BY OTHERS. RETAINING WALL SECTION DETAIL 4 WAR wr row" 13 14" #3 BARS DEADMEN BEYOND i BRACING TO WITH #3 BARS CROSS BRACING N co - . .r . rl". /.Ir , �"'Jo , J :r , . , , _ ( -,I Ts .1 7— 1 F '. , I - . , �r i�� j� r � �I �I \� I � I AM {111 C `^� �-� �t' p r 11 �� Yi'i+++ ��i�+�i+�►�++}++'.; vv�J� t is -� v r, - j .�, 0 Ft cis (A m. *;, F NOTE: TOTAL SITE AREA = 244.52 ACRES EXISTING WETLAND AREA = 100.03 ACRES PROPOSED WETLAND AREA (AFTER IMPACTS) = 97.19 ACRES WETLAND AREAS IN CONSERVATION = 61.50 ACRES t oto —t-*Ar)q NON-mB ARIIAN WM AND, RIPARIAN WETLAND, ANC) STREAM IMPACTS FROM ROAD CROSSINGS WET Aw TMPACT AREA AREA NLIMaER (SQ. FT.) (AC.) 1 1.119.27 0.026 2 521.39 0.012 3 183.40 0.004 4 71232 0.016 5 61=.69 0.146 6 2,110.97 0.04$ 7 3,321.42 0.076 B 1.963.22 0.045 9 1,594:91 0.037 10 6,546.44 0.150 11 10,228.20 0235 12 27,15222 0.623 13 831.90 0.019 14 7,531.27 0.173 15 8,851.01 0.203 16 30,119.71 0.691 T7 1.696.60 0.044 18 2,40241 0.058 19 3,687.93 O.OB5 20 1.906.68 0.044 21 4,707.85 0.108 T'OTALV&E1LANDS WAMD 125,75287 2841 TOTAL HMMIPARLAN VVETLANDS WACT@ 121,023 09 2778 TOTAL RIPARIAN WETLANDS IMPACTED: 2,729.78 0.063 TOTAL. STREAM IMPACT: 7040 LF, lNtI1FWPM'.Im 1£RNY MFRS/ WETLAND AREA CONSERVATION 3 E A NUM (ACRES) 1 30.56 2 2.35 3 28.59 TOTAL ®IMPACTED AREA 81.50 CONSERVED ® 6 71 300' SCALE 0 300 30(f SCALE OF MM WY YARY DUE 70 METHODS OF RFPROD=OK IBERS 1-9 WERE ORIGINALLY noNWIDE PERMIT (NW) 8 DATED JANUARY 16. 2007. r rn c C SHEET NUMBER C.1.1 AREA 404 JURISDICTIONAL 3 WETLANDS IMPACTED NON -RIPARIAN WETLANDS (NATIONWIDE PERMIT) cq IMPACTED NON -RIPARIAN S WETLANDS (INDIVIDUAL PERMIT) ®IMPACTED RIPARIAN O WETLANDS (INDIVIDUAL PERMIT) ® WETLANDS CONSERVATION AREA LOTS WITH FOOTPRINT RESTRICTIONS 6 71 300' SCALE 0 300 30(f SCALE OF MM WY YARY DUE 70 METHODS OF RFPROD=OK IBERS 1-9 WERE ORIGINALLY noNWIDE PERMIT (NW) 8 DATED JANUARY 16. 2007. r rn c C SHEET NUMBER C.1.1 0 3 0 cq z S W >. O yN y 2 Appendix B Correspondences ENVIRONMENTAL SERVICES, INC. 524 S. NEW HOPE ROAD RALEIGH, NORTH CAROLINA 27610 919-212-1760 • FAX 919-212-1707 www.enviroDmentalservicesinc.comtk 12 March 2007 =f Peter Sandbeck Deputy State Historic Preservation Officer State Historic Preservation Office 4617 Mail Service Center Raleigh, NC 27699-4617 Re: Turtle Creek Phase 2, Pender County, North Carolina Dear Mr. Sandbeck: Cavanaugh & Associates, on behalf of their client, is planning to construct the proposed Turtle Creek Phase 2 residential development in Pender County, North Carolina (Figures 1 and 2). The proposed project is located on the south side of US 17 and borders Turtle Creek Phase 1, which was reviewed by your office and cleared in a letter dated August 22, 2006 (ER 06-1294). Phase 2 of the project will require an Individual Permit from the U.S. Army Corps of Engineers. This information was forwarded to Nathan Henry of the Ft. Fisher Office of the North Carolina Office of State Archaeology in an email dated 7 March 2007. In an email dated 8 March 2007, Mr. Henry stated that he would not recommend an archaeological survey of the tract. Environmental Services, Inc., on behalf of Cavanaugh & Associates, is requesting formal regulatory clearance of this project by the North Carolina State Historic Preservation Office. If you have any questions or comments, please contact me at (919) 212-1760. Sincerely, ENVIRONMENTAL SERVICES, INC. L-8-� eibel, A Assistan resident Encl. (2) JACKSONVILLE • ST. AUGUSTINE • COCOA • JUPITER • DESTIN • SAVANNAH • ATLANTA • RALEIGH • CHARLOTTE • ASHEVILLE Nathan C. Henry, 11:07 AM 3/8/2007, Re: Turtle Creek Phase 2 Page 1 of 1 X -ASG -Debug -I D: 1173366434-62d300330000-2ALwK9 X -Barracuda -URL: http://mx,esinc.ec:80/cgi-bin/mark.4 X -Barracuda -Connect: imf23aec. mail. bellsouth.net[205.152.59.71] X -Barracuda -Start -Time: 1173366434 Date: Thu, 08 Mar 2007 10:07:11 -0500 From: "Nathan C. Henry" <nathan.henry@ncmai1.net> User -Agent: Mozilla Thunderbird 1.0.6 (Windows/20050716) X -Accept- Lang u age: en -us, en To: Scott Seibel <sseibel@esinc.cc> X-ASG-Orig-Subj: Re: Turtle Creek Phase 2. Subject: Re: Turtle Creek Phase 2 X -Barracuda -Virus -Scanned: by Barracuda Spam Firewall at esinc.cc X -Barracuda -Spam -Score: 0.00 X -Barracuda -Spam -Status: No, SCORE=0.00 using global scores of TAG_LEVEL=2.5 QUARANTINE_ LEVEL=2.5 KILL_LEVEL=9.0 tests= X -Barracuda -Spam -Report: Code version 3.1, rules version 3.1.10678 Rule breakdown below pts rule name description X-OriginalArrivalTime: 08 Mar 2007 15:07:15.0687 (UTC) FILETIME=[75262770:01 C76193] Nathan Henry wrote: Hi Scott, I visited the site yesterday. I would not recommend a survey for that tract. Nathan Henry Assistant State Archaeologist and Conservator Underwater Archaeology Branch NC Office -of State Archaeology PO Box 58 Kure Beach, NC 28449 Phone: 910 458 9042 http://www.arch.dcr.state.nc.us/defauIt.htm NOTICE: E -Mail to and from me, in connection with the transaction of public business, is subject to the North Carolina Public Records Law and may be disclosed to third parties. Opinions expressed in this email are my own and may not represent those of my agency. Printed for Scott Seibel <sseibel(-)esinc.cc> 3/20/2007 TOWN OF SURF CITY P. 0. BOX 2475 214 N. NEW RIVER DRIVE SURF CI`T'Y, NC 28445 Telephone: (910) 328-4131 Fal: (910) 328-4132 http://Surfeity.govoffice.com A. D. (Zander) Guy, Jr., Mayor Nelva R. Albury, Mayor Pro -tem Michael H. Curley, Council Member June 6, 2006 Mr. William G. Simmons, Jr., P.E. Cavanaugh & Associates, P.A. 130 North Front Street, Suite 202 Wilmington, NC 28401 Ref: The Villages at Turtle Creek Dear Gus: This letter is to con subdivision, located Surf City. The Tow subject project, art critical to the prole services, such as 61 the development;ar your progress in (W If, upon receipt matter at greater Regards, V.." Todd Rademacher Planning Director Donald R. Helms, Council Member Douglas C. Medlin, Council Member William J. (Buddy) Fowler, Council Member Tha Villages at Turtle Creek in-lpppY Road, in the Town of ntcevejbpment .plans for the :11---' om lJS Hwy 17 is safe prevision of emergency .uppoCf; ; lfease continua with app f. bd by the T9wp of"Surf City Town Caurtc�, and ire p,the Town apprised of Appendix C Adjacent Property Owners Turtle Creek Adjacent Property Owner Information (All property owners are'Now or Formerly' owners of the properties.) Number Name Address Deed Book Information 1* Gloria J. Dearmas & 24366 US Highway 17 N D.B. 997, P. 140 Norman E. Sheppard Hampstead, NC 28443-3052 2 McCager Batts 1188 Highway 17 North D.B. 927, P. 250 Hampstead, NC 28443 3* Oston G. Hardison & Wife, 24390 US Highway 17 N D.B. 754, P. 755 Jaqueline D. Hardison Hampstead, NC 28443-3052 * ife, 24390 US Highway 17 N D.B. 724, P. 61 Jaqueline D. Hardison Hampstead, NC 28443-3052 5* 24390 US Highway 17 N D.B. 724, P. 61 Jaqueline D. Hardison Hampstead, NC 28443-3052 6*ar ison i Te, 24390 US Highway 17 N D.B. 913, P. 192 Jaqueline Denise Hardison Hampstead, NC 28443-3052 — ` 7 Sallie Bragg Batts c/o Miller Bragg D.B. 214, P. 96 7734 Alexander Rd M.B. 5, P. 17 Wilmington, NC 28405 8 James D. Dixon, Sr. c/o Catherine George D.B. 403, P. 151 1214 Kings Grant Rd Wilmington, NC 28405 9* MTMVmMeftrrrras 24366 US Highway 17 N D.B. 997, P. 140 Hampstead, NC 28443-3052 10 Lester Bryant Shepard 24514 US Highway 17 D.B. 1394, P. 146 Hampstead, NC 28443 11 Nettie Hardison 110 S. Court St D.B. 1428, P. 265 Jacksonville, NC 28540 M.B. 31, P. 90 12 Pamela Alexander 506 Brunswick St D.B. 1426, P. 322 Wilmington, NC 28401 M.B. 31, P. 90 13 Preston C. King, III & Wife 2030 Hwy 210 W D.B. 1492, P. 287 Joyce Renee King Hampstead, NC 28443 14* Woody L. Atkinson 247 Atkinson Loop Rd D.B. 661, P. 238 Hampstead, NC 28443 15* Sheila Atkinson Slater 153 Atkinson Loop Rd D.B. 730, P. 31 Hampstead, NC 28443-8997 M.B. 22, P. 35 I Number Name Address Deed Book Information 16* 153 Atkinson Loop Rd D.B. 730, P. 31 Hampstead, NC 28443-8997 M.B. 22, P. 35 17* 4ftUdy &OAtkil. ---dh _ 247 Atkinson Loop Rd D.B. 661, P. 240 Hampstead, NC 28443 M.B. 22, P. 35 18* Myra T. Rochelle & Husband 1865 Nc Highway 210 E D.B. 416, P. 64 James L. Rochelle, Jr. Hampstead, NC 28443-7902 M.B. 4, P. 55 19 David Wilson Justice, Sr. 620 Mill Creek Rd D.B. 1522, P. 118 Hampstead, NC 28443 M.B. 32, P. 132 20 Stephen Ross Justice, Jr. & Wife, 1887 NC Highway 210 E D.B. 2347, P. 72 Paula Denise Justice Hampstead, NC 28443-7902 M.B. 32, P. 132 21 John Mark Baldridge 1217 N Topsail Drive D.B. 2368, P. 145 Surf City, NC 28445 M.B. 4, P. 55 2 yra 1865 Nc Highway 210 E D.B. 747, P. 166 , r: Hampstead, NC 28443-7902 M.B. 25, P. 58 23* 24366 US Highway 17 N D.B. 677, P. 48 Hampstead, NC 28443-3052 24* Emmett Sniff 252 Stag Dr D.B. 810, P. 125 Hampstead, NC 28443-7806 M.B. 4, P. 55 25* FHMM LLC 115 Long Leaf Dr M.B. 23, P. 30 Hampstead, NC 28443 26* Green Alton, et al. 155 Man Hollow Church Rd Hampstead, NC 28443 27 Martha Hardison Batts 145 Hardison Dr M.B. 31, P. 90 Hampstead, NC 28443 28 Adolf & Lillian Hardison 226 Hardison Dr M.B. 31, P. 90 Hampstead, NC 28443 29 Bernice Hardison 149 Christian Chapel Rd M.B. 31, P. 90 Hampstead, NC 28443 30 Elizabeth Herring Campbell, et al. 3343 Sandy Street M.B. 31, P. 90 Norfolk, VA 23518 31 Louvinia M Shepard & Others 421 Shepards Rd M.B. 31, P. 90 Hampstead, NC 28443 *These property owners own more than one property adjacent to Turtle Creek.