20061274 Ver 2_Other Agency Comments_20080528

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WCDENR I ° 0 -
North
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
May 23, 2008 0 RC�I[RQa�
U
Robert Turnbull MAY 2 8 2008
Environmental Services, Inc.KTLANDSAt+IDSATER AAUTYg
524 South New Hope Road
Raleigh, NC 27610
SUBJECT: CD08-028 - Consistency Certification for Proposed Impact to 1.88 Acres of
Wetlands to Facilitate the Construction of Phase II of the Turtle Creek
Subdivision, Near Surf City, Pender County (DCM#20070065)
Dear Mr. Turnbull:
We received the consistency certification of Environmental Services, Inc. on behalf of DCNC North
Carolina I, LLC ("Applicant") on June 28, 2007 for proposed impacts to 2.236 acres of wetlands to
facilitate the establishment of a subdivision (Turtle Creek, Phase II). Wetland impacts, as a result of
the review process, have been reduced to 1.88 acres. The consistency review deadline was extended to
May 30, 2008. The site of the proposed project is a 216 -acre parcel located on the southeast side of
US Highway 17 and northwest of the intersection of NC 210 and Atkinson Loop Road adjacent to
Becky's Creek, Pender 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 "Wilmington Star News" on July 1, 2007. No comments were received asserting that the
proposed project would be inconsistent with the State's coastal program. Nevertheless, the North
Carolina Wildlife Resources Commission recommend a reduction in wetland impacts and that the
remaining wetlands be preserved in perpetuity. 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 comply with the 401 Water Quality Certification (DWQ#20061274, ver2)
issued by the NC Division of Water Quality for this project on May 7, 2008.
400 Commerce Avenue, Morehead City, North Carolina 28557-3421
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer -50% Recycled 110% Post Consumer Paper

• The Applicant shall comply with the Sediment and Erosion Control Plan (Pende-2007-039)
approved by the NC Division of Land Resources for this project on August 9, 2006.
• The Applicant shall comply with the Stormwater Permit (SW8 060608) issued by the NC
Division of Water Quality for this project on July 10, 2007.
• The Applicant shall adhere to their mitigation commitment to purchase 3.86 wetland
mitigation credits from the North Carolina Ecosystem Enhancement Program. The North
Carolina Ecosystem Enhancement Program has accepted this proposal through a letter dated
December 19, 2007.
• The Applicant shall preserve, in perpetuity, a total of 92.586 acres of the remaining wetlands
within the Phase I and II area of the project site as outlined in the Environmental Services, Inc.
letter of February 8, 2008.
• The Applicant shall comply with the construction practices and mitigation practices proposed
in the Environmental Services, Inc. letter of February 8, 2008.
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.
cc: Steve Everhart, Division of Coastal Management
Brad Shaver, U.S. Army Corps of Engineers
Molly Ellwood, NC Wildlife Resources Commission
Cyndi Karoly, NC Division of Water Quality
Beth Harmon, NC Ecosystem Enhancement Program
Sincerely,
O
Doug Huggett
Manager, Major Permits and Consistency Unit
Page: 2

F__7 North Carolina Wildlife Resources Commission '�E=
Richard B. Hamilton, Executive Director
MEMORANDUM
$-2 gwil
To: Stephen R nas AICP
� Y
Federal Consistency Coordinator
NCDENR/DCM
jiga7)k4,_9��OreheadCity DCPA
From: Steven H. Everhart, PhD
Southeastern Permit Coordinator
Habitat Conservation Program
Date: July 6, 2007
RE: Dilsheimer Communities — The Villages at Turkey Creek Phase 2, Pender Co. 401/404
Application DWQ #06-1274V2, AID#200600208 DCM#20070065
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject
application for impacts to wildlife and fishery resources. A site visit was conducted on August 21, 2006.
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.), and Sections 401 and 404 of the Clean Water Act (as
amended).
The project is located on the north side of NC 210 at its intersection with Atkinson Loop Rd., with a
property connection to US 17 to the northwest, in Pender County. The property consists of approximately
244.52 acres including approximately 100.03 acres of wetlands. The site is bisected by Beckys Creek.
Waters in this area are classified SA by the Division of Water Quality (NCDWQ).
The applicants propose to impact 70 linear ft of stream, 0.063 acre of riparian wetlands, and 2.173 acre of
non -riparian wetlands through filling/culverting to construct roads and provide infrastructure for a
residential subdivision. The applicants propose to mitigate for wetland impacts by buy -in to the NC EEP
program for 0.063 acre of riparian wetlands and 2.173 acres of non -riparian wetlands. Additionally, the
applicants propose to preserve remaining wetlands in Phase 2, adding to the 61.5 acres already preserved
in Phase 1.
We have the following concerns/recommendations:
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]

Dilsheimer — Villages at Turtle Creek
July 6, 2007
We recommend a 100 ft native forested buffer is maintained or created on each side of any on-
site perennial streams. We recommend a 50 ft native forested buffer is maintained or created on
each side of intermittent streams.
• We recommend that all road crossings of streams be bridged or that bottomless culverts be used,
where practicable. We recommend the elimination of Impact #12 (70 linear ft of stream, 0.063
acre of wetlands) by bridging. The applicant states that this crossing will consist of five 48 -in
culverts and represents a significant stream crossing. We do not support the filling of wetlands or
streams for road crossings as this practice destroys wetland connectivity.
The applicants state that the road crossing at Impact #12 is required by the Town of Surf City for
emergency vehicle access and to provide through flow of traffic within the subdivision. In fact,
the only ordinances associated with access do not require this entrance. There are already two
entrances to the subdivision; one directly from NC 210 and the other via Edgecombe Estates.
The most direct route for emergency vehicles is from NC 210, not US 17. If this entrance is
permitted, we recommend the bridging of Impact # 12 as indicated above.
• The NCWRC does not support the filling of wetlands to generate high ground 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 fully mitigated.
Should Impact #12 be permitted, we recommend that the applicants be required to mitigate for 70
linear ft of stream impacts.
• We recommend that all remaining wetlands on-site are preserved in perpetuity, using USACE
,guidelines, through conservation easement that prohibits: cutting, pruning, mowing, or burning of
-vegetation; construction 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.
We have no objection to the project provided our recommendations are included as permit conditions.
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: Joanne Steenhuis, NCDWQ
Brad E. Shaver, USACE

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James. H. Gregson, Director Willi I
i9l
MEMORANDUM
June -29,2007 1Ji1„
TO:
County of Pender
P.O. Box 444
Burgaw, NC 28425-0444
x �-
FROM: Stephen Rynas, AICP; Federal Consistency Coordinator
SUBJECT: Consistency Certification Submission for Proposed Impacts to 2.236 Acres of Wetlands
to Facilitate the Construction of a Residential Subdivision
(DCM#20070065)
LOCATION: Southeast of US Highway 17 and Northwest of the Intersection of NC 210 and
Atkinson Loop Road Adjacent to Becky's Creek, Pender County, North Carolina
The above listed document is being circulated for consistency review and comment by July 20, 2007.
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: "[e-mail]".
REPLY
No Comment.
This office supports the project as proposed.
Comments to this project are attached.
This office objects to the project as proposed.
Signed: � �Z! Date. 2 /191-1 1
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

Pender
805 South Walker Street
Burgaw, North Carolina 28425
July 17, 2007
Mr. Stephen Rynas, Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
ning Department
Phone [phone]
95
J! J! ?yin -
Morehead City E)M
RE: Consistency Certification Submission for Proposed Impacts to 2.236 Acres of Wetlands to Facilitate the
Construction of a Residential Subdivision (DCM#20070065)
Dear Mr. Rynas,
Per your memorandum, Pender County Planning has reviewed the proposal for The Villages at Turtle Creek
for consistency with the current Pender County Future Land Use Plan. The plan classifies this property
largely as an Urban Growth Area with limited areas of Conservation I and I1 lands along Becky's Creek.
The project proposal is consistent with the policies of development in the Urban Growth Area and
Conservation II Area. The Land Use Plan does discourage development in the specific land and water
features that comprise the Conservation I area which include: Estuarine waters, public trust waters, coastal
wetlands, severely limited hydric soils, floodways, and managed open space and natural areas.
Upon further review of the project documentation provided, it is demonstrated that the site area classified as
Conservation I on the Land Use Plan map does not include any of these specific land and water features. If
appropriate measures are taken to restrict development in any of these features, the proposal will be
consistent with the Pender County Future Land Use Plan.
Please do not hesitate to contact me if you have any further questions or comments on this matter.
Sincerely,
Kenneth Vafier
Senior Planner
Pender County Planning Department
910-259-1734
910-259-1295 (fax)
vafierk@,pender-county-com
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RCDENR JI -
North
Carolina Department of Environment and Natural Resour_�;
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross ,ir., Secretary
ME
une9,�2007
< ti
TO: Renee Gledhill -Earl
State Historic Preservation Office
4617 Mail Service Center NC
Raleigh, NC 27699-46171;;j``?��?
l
FROM: Stephen Rynas, AICP; Federal Consistency Coordinator
SUBJECT: Consistency Certification Submission for Proposed Impacts to 2.236 Acres of Wetlands
to Facilitate the Construction of a Residential Subdivision
(DCM#20070065)
LOCATION: Southeast of US Highway 17 and Northwest of the Intersection of NC 210 and
Atkinson Loop Road Adjacent to Becky's Creek, Pender County, North Carolina
The above listed document is being circulated for consistency review and comment by July 20, 2007.
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: "[e-mail]".
REPLY
No Comment.
This office supports the project as proposed.
Comments to this project are attached.
A
This office objects to theproject as proposed.
Signed: �c �1t� G (w� Date:
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
JUS � 2 200

A7J3L1Af--
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor Division of Marine Fisheries De..L,ous S. Daniel III, Director
William G. Ross Jr., Secretary
MEMORANDUM $�
TO: Stephen Rynas
Federal Consistency Coordinator
FROM: Mike Street
DATE: August 3, 2007
SUBJECT: Southeast of US Highway 17 and Northwest of the Intersection of NC 210
Proposed Impacts to 2.236 Acres of Wetlands — Residential Subdivision
DCM # 20070065 / Pender County
Attached is the Divisions' reply for the above referenced project. If you have any questions,
please do not hesitate to contact me.
MS/sw
3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.ncdmf.net
An Equal Opportunity/ Affirmative Action Employer —50 % Recycled \ 10% post Consumer Paper
NorthCarohna
Naturally

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
MEMORANDUM
June -29,2007
TO: Mike Street
NCDENR - Division of Marine Fisheries
P.O. Box 769 W `�
Morehead City, NC 28557-0769
FROM: Stephen Rynas, AICP; Federal Consistency Coordinator
SUBJECT: Consistency Certification Submission for Proposed Impacts to 2.236 Acres of Wetlands
to Facilitate the Construction of a Residential Subdivision
(DCM#20070065)
LOCATION: Southeast of US Highway 17 and Northwest of the Intersection of NC 210 and
Atkinson Loop Road Adjacent to Becky's Creek, Pender County, North Carolina
The above listed document is being circulated for consistency review and comment by July 20, 2007.
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: "[e-mail]".
REPLY
No Comment.
This office supports the project as proposed.
Comments to this project are attached.
This office objects to the project as proposed.
Signed: ck-k�
CORRECTIONS
Date:
Please identify any corrections, additions, or deletions that should be made in terms of contact information.
RETURN COMPLETED FORINT
to
Stephen Rynas, Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557-3421
G�

NC®ENR
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
MEMORANDUM
June -29,2007
TO: Brian Strong
NCDEVR - Division of Parks and Recreation
512 North Salisbury, Seventh Floor
Raleigh, NC 27604-1170
FROM: Stephen Rynas, AICP; Federal Consistency Coordinator
SUBJECT: Consistency Certification Submission for Proposed Impacts to 2.236 Acres of Wetlands
to Facilitate the Construction of a Residential Subdivision
(DCM#20070065)
LOCATION: Southeast of US Highway 17 and Northwest of the Intersection of NC 210 and
Atkinson Loop Road Adjacent to Becky's Creek, Pender County, North Carolina
The above listed document is being circulated for consistency review and comment by July 20, 2007.
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: "[e-mail]".
REPLY
No Comment.
This office supports the project as proposed.
Comments to this project are attached.
This fice objects to the project as proposed.
Signed: , Date:
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

y A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Gcverncr James H. Gregson, Director Williarn G:,kss Jr., secretary
MEMORANDUM
June -29,2007
TO: Dan Sams
NCDENR - Division of Land Resources �0
127 Cardinal Drive Extension
Wilmington, NC 28405-5406
FROM: Stephen Rynas, AICP; Federal Consistency Coordinator
SUBJECT: Consistency Certification Submission for Proposed Impacts to 2.236 Acres of Wetlands
to Facilitate the Construction of a Residential Subdivision
(DCM#20070065)
LOCATION: Southeast of US Highway 17 and Northwest of the Intersection of NC 210 and
Atkinson Loop Road Adjacent to Becky's Creek, Pender County, North Carolina
The above listed document is being circulated for consistency review and comment by July 20, 2007.
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: "[e-mail]".
REPLY t,�os'�sr. AJ Std..+. 1 Co. -6( PI'Ll—
opPloc a%ft 0-1 ay� fl�e.ra.�
No Comment. 1 ;s ntctsa_eJ
This office supports the project as proposed.
Comments to this project are attached. ov.A- a►eJe- : �► S.st .
Lzww;�77
d.
Signed: Date: 7-9-07
07
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

� . f'
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor
TO: Heather Coats
James H. Gregson, Director William G. Ross Jr., Secretary
MEMORANDUM
June -29,2007
Field Representative
DCM - Wilimington Office
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
FROM: Stephen Rynas, AICP; Federal Consistency Coordinator
SUBJECT: Consistency Certification Submission for Proposed Impacts to 2.236 Acres of Wetlands
to Facilitate the Construction of a Residential Subdivision
(DCM#20070065)
LOCATION: Southeast of US Highway 17 and Northwest of the Intersection of NC 210 and
Atkinson Loop Road Adjacent to Becky's Creek, Pender County, North Carolina
The above listed document is being circulated for consistency review and comment by July 20, 2007.
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: "[e-mail]".
REPLY
No Comment.
This office supports the project as proposed.
Comments to this project are attached.
This office objects to the project as proposed.
Signed: � Ud4 ��� Date: %
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

1
SHELLFISH SANITATION o
NCDENR
Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director
MEMORANDUM
June -29,2007
TO: Patty Fowler
Shellfish Sanitation District
NCDENR - Division of Environmental Health
Marine Fisheries Building, P.O. Box 769
Morehead City, NC 28557-0769
William G. Ross Jr., Secretary
FROM: Stephen Rynas, AICP; Federal Consistency Coordinator
SUBJECT: Consistency Certification Submission for Proposed Impacts to 2.236 Acres of Wetlands
to Facilitate the Construction of a Residential Subdivision
(DCM#20070065)
LOCATION: Southeast of US Highway 17 and Northwest of the Intersection of NC 210 and
Atkinson Loop Road Adjacent to Becky's Creek, Pender County, North Carolina
The above listed document is being circulated for consistency review and comment by July 20, 2007.
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: "[e-mail]".
REPLY
No Comment.
This office supports the project as proposed.
Comments to this project are attached.
FPP T ' fic e �o the project as proposed.
a"", Date:
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
� 1SJUL — I a r
2007
a
TION
SHELLFISH SANITA