19930786 Ver 2_Other Agency Comments_20080307

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
March 6, 2008
Kim Williams D LS~~i ~~~ O
Land Management Group, Inc.
PO Box 2522
Wilmington, NC 28402 ~~~ ~ ~~gR
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SUBJECT: CD08-011 -Consistency Certification for Proposed Impact Impacts to 1.51 Acres
of Wetlands, St James, Brunswick County (DCM#20070025)
Dear Ms. Williams:
We received the consistency certification of the Land Management Group, Inc. on behalf of the
Reserve at St. James Plantation ("Applicant") on March 14, 2007 for proposed impacts to 1.99 acres of
wetlands to facilitate the construction of a planned unit development. Impacts to wetlands, as a result
of coordination with other resources agencies, have been reduced to 1.51 acres of wetlands. The
planned unit development proposes to construct 1213 single-family residential units, 1912
multi-family units, 842 assisted living units, and commercial/retail space. The site of the proposed
project is located on the southside of Southport Supply Road (SR 211) between Arbor Creek and
Midway Road, St. James, Brunswick County, North Carolina.
To solicit public comments, DCM circulated a description of the proposed project to State agencies
that would have a regulatory interest in the proposed development. Additionally, a public notice was
printed in the "The Brunswick Beacon" on March 22, 2007. No comments were received asserting
that the proposed project would be inconsistent with the State's coastal program. Copies of the
comments received have been attached.
The Division of Coastal Management (DCM) has reviewed the consistency submission pursuant to the
management objectives and enforceable policies of Subchapter 7M of Chapter 7 of Title 15A of North
Carolina's Administrative Code which is a part of the State's certified coastal management program
and concurs, as conditioned below, that the proposed project is consistent with the enforceable policies
of North Carolina's coastal management program. In order to be found consistent with North
Carolina's coastal management program, the Applicant shall comply with the following conditions of
concurrence.
• The Applicant shall conform to the project plans and mitigation plan prepared in
November 2007. DCM received these plans on February 7, 2008.
• The Applicant shall comply with the 401 Water Quality Certification (DWQ#19930786, ver2)
issued by the NC Division of Water Quality for this project on January 17, 2008.
400 Commerce Avenue, Morehead City, North Carolina 28557-3421
Phone: [phone] FAX: [phone] Internet; www,nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper

• The Applicant shall comply with the Erosion and Sediment Control Plans (Bruns-2007-489,
Bruns-2005-201, Bruns-2004-247, Bruns-2005-380, Bruns-2006-438, Bntns-2007-142,
Bruns-2006-363, Bruns-2006-194, Bruns-2007-280, Bruns-2005-178) approvals that were
issued by the NC Division of Land Resources.
• The Applicant shall adhere to their mitigation commitment to purchase 0.86 wetland
mitigation credits from the North Carolina Ecosystem Enhancement Program. The North
Carolina Ecosystem Enhancement Program has accepted this proposal through a letter dated
February 5, 2008.
• The Applicant shall adhere to their mitigation commitment to utilize 0.65 acres of uplands for
wetland restoration. The restored wetland shall be planted with native shrub and tree species
as outlined in the "Reserve at St. James Plantation Mitigation Plan" (November 2007). The
restored wetland area shall be maintained in perpetuity as a native wetland area.
• The Applicant shall adhere to their mitigation commitment to preserve 1,275 acres of wetlands
and 5,700 linear feet of stream onsite as detailed in the "Reserve at St. James Plantation
Mitigation Plan" (November 2007).
Should the project be modified, a revised consistency certification could be necessary. This might
take the form of either a supplemental consistency certification pursuant to 15 CFR 930.66, or a new
consistency certification pursuant to 15 CFR 930.57. Likewise, if further project assessments reveal
environmental impacts not previously considered by the proposed development, a supplemental
consistency certification might be required. If you have any questions, please contact Stephen Rynas
at 252-808-2808. Thank you for your consideration of the North Carolina Coastal Management
Program.
Sincerely, ,~
Doug Huggett
Manager, Major Permits and Consistency Unit
cc: Steve Everhart, Division of Coastal Management
Kim Garvey, U.S. Army Corps of Engineers
Cyndi Karoly, Division of Water Quality
Beth Hannon, NC Ecosystem Enhancement Program
Page: 2

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management - ~~`"
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
MEMO~YDUM
_.
March`i5, 2007
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FROM:
SUBJECT:
LOCATION
Renee Gledhill-Earl_v
State Historic Preservation Office
4617 Mail Service Center
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Ralei h NC 27699-4617 ~
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Stephen R}mas, AICP; Federal Consistency Coordinator ~ /~ 1
Consistency Submission for Proposed Impact to 1.99 Acres of Wetlands to Facilitate the
Constriction of a Plamied Unit Development (DCM#20070025)
South Side of Southport Supply Road (SR 211) Between Arbor Creek and Midway Road,
St. James, Brunswick County, North Carolina
This document is being circulated for consistency review and comment by April 6, 2007. The
documents are contained within the attached CD as PDF files. Your responses will assist us in
determining whether the proposed project would be consistent with the State's Coastal Maaiagement
Program. If the proposed project does not conform to your requirements, please identify the measures
that would be necessary to bring the proposed project into conformance. If you have aaly additional
questions regarding the proposed project you may contact me at 252-808-2808 or a-mail me at:
"stephen. rynas @ncmail.net".
No Comment.
REPLY
This office supports the project as proposed.
Continents to this project are attached.
This office objects to the project as proposed. '(
Signed: Date: `fr I
mPM
CORRECTIONS
Please identify any corrections, additions, or deletions that should be made in terns of contact information.
RETURN COMPLETED FORM
~~~~~ to
Stephen Rynas, Federal Consistency Coordinator
NC Division of Coastal Management
[BAR ~` ~ 1007 400 Conunerce Avenue
Morehead Ci>S~, NC 28»7-421
LIAR 2 0 2007

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NCDENR ~~~;~,^ j; ~ ,k ,- ~;_~
North Carolina Department of Environment and Natural Resources
__
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
MEMORANDUM ~.~~~`~ ~- ~ 5; ~~ kac _} z~~
March 1~, 2007 ~ '' ~,;;
~~
TO: Dall Sa111S
NCDENR -Division of Land Resources p~}[(/j'~~p~ yg p&,
127 Cardinal Drive E~tellsion ~ ~
W11111111gt011, NC 28401-1406
FROM: Stephen R}%llas, AICP; Federal Consistenc}% Coordinator
SUBJECT: Consistenc}% Submission for Proposed Impact to 1.99 Acres of Wetlands to Facilitate the
Constnlctioll of a Plamled Unit Development (DCM#20070025)
LOCATION: South Side of Southport Supply Road (SR 211) Between Arbor Creek and Midway Road,
St. James, Bnlnswick County, North Carolina
This document is being circulated for consistency review and continent by April 6, 2007. The
documents are colitained within the attached CD as PDF files. Your responses will assist us in
determining whether the proposed project would be consistent with the State's Coastal Management
Program. If the proposed project does not conform to your requirements, please identify the measures
that would be necessary to bring the proposed project into conformance. If you have any additional
questions regarding the proposed project you may contact me at 252-808-2808 or e-mail me at:
"stepheu.rynasl~uncmail.net".
REPLY
No Comment.
This office supports the project as proposed.
Continents to this project are attached
This office obje is to the project as proposed.
Signed:
`~la...l-~~S~,~. c~,l~ r~~: ~~ ties ~--
QPPt. Csi~~~ c~ ~ aQpro~a.. ( ~
Date: ~1`~Q-r Z.o o `j
CORRECTIONS
Please identify any corrections, additions, or deletions that should be made in terms of contact illforluation.
RETURN COMPLETED FORM
to
Stephen Rynas, Federal Consistency Coordinator
NC Division of Coastal Iv4anagement
4t)0 Conunerce Avenue
Morehead Cily, NC 285>7-,-121

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NCDENR ~@@@ '~` ~ ~~
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North Carolina Department of Environment and Natural Resources ~~~
Division of Coastal Management ~S
Michael F. Easley, Governor Charles S. Jones, Director ~ ~~tHi(l~arr~:~,orss~lr f ~~ c ~~~~'`~
MEMORANDUM
March 15, 2007 +~ ~ ; } ~ ~~ ~`c, , f.
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TO: Patty Fowler ~ ~' ij''.
Shellfish Sanitation District € ~I ~ ~ ~~~ ~ j
NCDENR -Division of Environmental Health
Marine Fisheries Building, P.O. Boi 769 SHEU,FISH SANITATION
Morehead City, NC 28557-0769
FROM: Stephen Rynas, AICP; Federal Consistency Coordinator
SUBJECT: Consistency Submission for Proposed Impact to 1.99 Acres of Wetlaaids to Facilitate the
Constniction of a Planned Unit Development (DCM#20070025)
LOCATION: South Side of Southport Supply Road (SR 211) Between Arbor Creek and Midway Road,
St. James, Bnuiswick County, North Carolina
This document is being circulated for consistency review acid comment by April 6, 2007. The
documents are contained within the attached CD as PDF files. Your responses will assist us in
determining whether the proposed project would be consistent with the State's Coastal Management
Program. If the proposed project does not conform to your requirements, please identify the measures
that would be necessary to bring the proposed project into conformance. If you have any additional
questions regarding the proposed project you may contact me at 252-808-2808 or e-mail me at:
"stephen. [e-mail]".
No Comment.
REPLY
,f' [~C~C~OU~ ~
~k
MAR ~ 5 20Q1
~_ ~:"ELLFISH SANITATION
Date: 3...T °'~~'=~`~'~"-.._..,__.
ti--
This office supports the project as proposed.
Comments to this project are attached.
This office obl'ects to the project as proposed.
l='~~,~ ~a ~~T (~C,~G~ ~''
Signed: ~~
CORRECTIONS
Please identify any corrections,. additions, or deletions that should be made in terms of contact information.
RETURN COMPLETED FORM
to
Stephen Rynas, Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557-3421

~~~
~~~~
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
MEMORANDUM
March 15, 2007
TO: John Fear
Research Coordinator
NC National Estuarine Research Reserve
400 Commerce Avenue
Morehead City, NC 28557-3421
FROM: Stephen R}nias, AICP; Federal Consistency Coordinator
SUBJECT: Consistency Submission for Proposed Impact to 1.99 Acres of Wetlands to Facilitate the
Constniction of a Planned Unit Development (DCM#20070025)
LOCATION: South Side of Southport Supply Road (SR 211) Between Arbor Creek and Midway Road,
St. James, Brunswick County, North Carolina
This document is being circulated for consistency review acid comment by April 6, 2007. The
documents are contained within the attached CD as PDF files. Your responses will assist us in
determining whether the proposed project would be consistent with the State's Coastal Management
Program. If the proposed project does not conform to your requirements, please identify the measures
that would be necessary to bring the proposed project into conformance. If you have «ny additional
questions regarding the proposed project you may contact me at 252-808-2808 or a-mail me at:
"stephen. rynas @nc ma i l .net".
REPLY
_~ No Continent.
This office supports the project as proposed.
Continents to this project are attached.
This office objects to the project as proposed.
Signed: ~`,~'J.--~i/~ Date: `~~-r ~ _
CORRECTIONS
Please identify any corrections, additions, or deletions that should be made in terms of contact information.
RETURN COMPLETED FORM
to
Stephen Rynas, Federal Consistency Coordinator
NC Division of Coastal Management
400 Conunerce Avenue
Morehead City, NC 28557-3421

® North Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
To: Cyndi Karoly
NC DENR/DWQ
Thomas Farrell
USACE
Stephen Rynas, AICP
NCDCM
From: Steven H. Everhart, PhD
Southeastern Permit Coordinator
Habitat Conservation Program
Date: March 21, 2007
RE: The Reserve Development Company, LLC -The Reserve at St. James, 401/404
Application and Federal Consistency Determination, Bnmswick County, DCM#20070025
DWQ# 93-0786-V2 USACE AID#200200768
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject
application for impacts to wildlife and fishery resources. Our comments are provided in accordance with
provisions of the Fish acid Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.), and
Sections 401 and 404 of the Clean Water Act (as amended).
The project is located south of NC 21 lat its intersection with Midway Rd. (SR 1500), approximately 3
miles northwest of the intersection of NC 211 acid NC 133 , in Brunswick County. The property consists of
approximately 2372 acres inchiding approximately 1290 acres (54 percent) of wetlands. These wetlands are
primarily wet pine flats acid pocosin. Land use in the vicinity includes undeveloped and residential. The
subject property is currently undeveloped. Most of the tract is located within the Boiling Spring Lakes
Wetlands Complex, a Natural Heritage Priority Site.
The applicants propose to impact approximately 1.99 acres of wetlands through filling/culverting to provide
infrastnicture for 1213 single-family lots, 1,912 nnilti-family units, 842 assisted-living units, and 39.55
acres of retail/commercial space. The applicants propose to mitigate for wetland impacts through on-site
creation of 2.0 acres of wetlands and preservation of all remaiiung wetlands on-site.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] Fax: [phone]

Reserve at St. James 2 March 21, 2007
We have the following concerns/recommendations:
In addition to those species indicated in the applications, the Natural Heritage Program (NHP)
database also records the 1999 presence~of the endangered red-cockaded woodpecker (Picoides
borealis) less than one-half mile east of the property, along NC 211. Additionally, the Venus
flytrap (Dionczea mzescipula) has been recorded to occur on-site. We reconunend that surveys for
state and federally listed species be conducted aa1d, if found, appropriate action be taken to ensure
their protection.
• Given the history of wetland impacts at St. James Plantation and the cumulative impacts that are
represented by this phase of development and the previous individual lot owner impacts, we
recommend that all wetland and stream crossings be bridged, rather than filled.
• We recommend that utility crossings of wetlands be made using directional bore methods rather
than trenching, unless they are suspended above the wetlands. These should begin and end outside
any required buffers or the 100-year floodplain, whichever is greater.
• We recommend that 100 ft and 50 ft native forested buffers are maintained adjacent to all
permanent and intermittent streams, respectively.
• The NCWRC does not support the filling of wetlands for development and any required permit
authorization will receive a recommendation for denial unless the project has significant public
benefits and all wetlands or aquatic habitat impacts are fiilly mitigated. To fully mitigate for
wetland impacts, we recommend that all remaining and created wetlands on-site be preserved
through conservation easement using language consistent with U. S. Arniy Corps of Engineers
(USAGE) guidelines for the preservation of wetlands. This language prohibits cutting, pnming,
mowing, or burning of vegetation; constniction of any kind; use of herbicides; any land disturbing
activities; dumping or storing of soil, trash, or other waste; and the pasturing, grazing or watering of
animals, or any other agricultural or horticultural purpose within wetlands. As The Nature
Conservancy already manages lands/conservation easements in Boiling Spring Lakes and the Green
Swamp, we recommend consideration of their potential for holding this easement.
Thank you for the opportunity to review and comment on this application. If you have any questions or
require additional information regarding these comments, please call me at [phone].
CC: Scott Pohlman, NCNHP
Noelle Lutheran, NCDWQ
Dan Bell, The Nature Conservancy
Howard Hall, USFWS
Jenna Begier, NCWRC
David Allen, NCWRC

ern
NGDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor Division of Marine Fisheries ~ i~, Di~ectc~r
William G. Ross Jr., Secretary ~' t
~~ , ~
MEMORANDUM ~~~=~~ ~ l ~'rl~~1

TO: Stephen Rynas
Federal Consistency Coordinator
FROM: Mike Street
DATE: April 17, 200
SUBJECT: Consistency Submission for Proposed Impact to 1.99 Acres of Wetlands to Facilitate the
Construction of a Planned Unit Development (DCM#200700250)
Brunswick County
Attached is the Divisions' reply for the above referenced project. If you have any questions,
please do not hesitate to contact me.
MSljjh
3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.ncdmf.net
An Equal Opportunity i Affirmative Action Employer - 50 % Recycled 110% post Consumer Paper
NorthCarolina
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NCDENR DMF -HABITAT PROTECTION
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, DireCtOr William G. Ross Jr., Secretary
MEMORANDUM
March 15, 2007 ~' ~`R ""~---~-~--_- -_.~. _ ,
D Lr~~r _
.~.~ -
TO: Mike Street ~- 3...
NCDENR -Division of Marine Fisheries
P.O. Box 769 -
Morehead City, NC 28557-0769 € ~~ ~ r a E "
FROM: Stephen Rynas, AICP; Federal Consistency Coordinator `""'----~--~- ~ __ _,
SUBJECT: Consistency Submission for Proposed Impact to 1.99 Acres of Wetlaaids to Facilitate the
Construction of a Plamled Unit Development (DCM#20070025)
LOCATION: South Side of Southport Supply Road (SR 211) Between Arbor Creek and Midway Road,
St. James, Brunswick County, North Carolina
This document is being circulated for consistency review and comment by April 6, 2007. The
documents are contained within the attached CD as PDF files. Your responses will assist us in
determining whether the proposed project would be consistent with the State's Coastal Management
Program. If the proposed project does not conform to your requirements, please identify the measures
that would be necessary to bring the proposed project into conformance. If you have any additional
questions regarding the proposed project you may contact me at 252-808-2808 or e-mail me at:
"step hen. rynas @ncmai l .net".
~~~ REPLY
`~ No Comment.
This office supports the project as proposed.
Comments to this project are attached.
This o~/ce o/b~jec~ts two the project as proposed. / `~
Signed: ~ (\`{ ~-J~. Date: ~ / ~ ~' ~C>' /
CORRECTIONS
Please identify any corrections, additions, or deletions that should be made in terms of contact information.
RETURN COMPLETED FORM
to
Stephen R_ynas, Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead Cit<~, NC 28557-3421