20110896 Ver 4_Individual_20170206

AI�LMG
LAND MANAGEMENT GROUP INC.
Environmental Consultants
February 2, 2017
TO: Ms. Jennifer Burdette
NC Division of Water Resources - 401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
Mr. Chad Coburn
NC Division of Water Resources- 401 & Buffer Permitting Branch
127 Cardinal Drive Ext.
Wilmington, NC 28405
RE: Pleasant Oaks Plantation Rice Field Restoration and Protection Project,
Brunswick County, Orton Plantation Holdings, LLC - DWR # 11-0896 v4
Dear Jennifer:
Thank you for the DWR's January 19, 2017 response to the above -referenced CAMA
Major/USACE Individual Permit application. As requested, a response to the USACE's
January 12, 2017 request was submitted via email on January 30, 2017. Three hard copies
of the requested IP application form are enclosed with this letter. Please let us know if we
can provide any additional information.
Sincerely,
Laura Stasavich
Land Management Group, Inc.
Encl. as stated
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

U.S. ARMY CORPS OF ENGINEERS
ENG
OMB APPROVAL NO. 0710-0003
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
EXPIRES: 28 FEBRUARY 2013
33 CFR 325. The proponent agency is CECW-CO-R.
Public reporting for this collection of information is estimated to average 11 hours per response, including 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 the collection of information, including suggestions for reducing this burden, to Department of Defense,
Washington Headquarters.. Executive Services and Communications Directorate, Information Management Division and to the Office of Management and
Budget, Paperwork Reduction Project (0710-0003). 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 USG 1344; Marine Protection, Research. and Sanctuaries
Act. Section 103, 33 USC 1413; Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320-332. 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, and the public and may be made available as part of a public notice as required by Federal law. 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/or 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 1 THRU 4 TO BE FILLED BY THE CORPS)
1, APPLICATION NO
2. FIELD OFFICE CODE
3. DATE RECEIVED
'll
4. DAT MPLETE
F ER 4 2017 11
IIU
(ITEMS BELOW rO BE FILLED BY APPLICANT) DEQ -
5. APPLICANT'S NAME 8. AUTHORIZED AGENTS N wired)
First - Peter Middle - Last - Talty First - Steve Middle - Last - Morrison
Company - Orton Plantation Holdings, LLC Company - Land Management Group, Inc.
E-mail [e-mail] E-mail [e-mail]
6. APPLICANTS ADDRESS:
9. AGENTS ADDRESS:
Address- 37th Floor, I I "Times Square
Address- 3805 Wrightsville Ave., #15
City - New York State - NY Zip - 10036 Country - USA
City - Wilmington State - NC Zip - 28403 Country -USA
7. APPLICANTS PHONE NOs. WAREA CODE
10. AGENTS PHONE NOs. w/AREA CODE
a. Residence b. Business c. Fax
a. Residence b. Business c. Fax
212-782-6295
910-452-0001 910-452-0060
STATEMENT OF AUTHORIZATION
11. 1 hereby authorize, Land Management G up. Inc. to in my 'half my t in the processing of this application and to furnish, upon request,
supplemental informationinn support of this permit pli n.
X711
I NATU F APPLICANT V DATE
SG
NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
Pleasant Oaks Plantation Rice Field Restoration and Protection Project
13. NAME OF WATERBODY, IF KNOWN (if applicable)
14. PROJECT STREET ADDRESS (if applicable)
Cape Fear River
Address N/A off HWY 133 and Kendall Chapel Road SE
City- Qelvrlle State- NC Zip -
15. LOCATION OF PROJECT
Latitude: -N 34.112742 Longitude: W -77.949160
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions)
State Tax Parcel ID Brunswick 10 10000 102 Municipality
ange-
Section - Township - Town Creek Range-
ENG FORM 4345, OCT 2012 PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 11

17. DIRECTIONS TO THE SITE
From Wilmington, head south on Hwy 17. Exit and head south on Hwy 133 (River Road). Pass over the Town Creek Bridge. Once past
the Olde Fort Golf Course continue approximately 2 miles to Kendall Chapel Road. SE. Turn left onto Kendall Chapel Road SE (road will
be a maintained dirt road). Rice field will be located off Kendall Chapel Road SE along the river. Site may be gatedtlocked.
18. Nature of Activity (Description of project, include all features)
The proposed work would restore and protect a remaining, intact rice field located within Pleasant Oaks Plantation. Activities would
involve: (1) increasing the width and height of the existing dike/berm to allow for proper water level control and for vehicular access
around the perimeter of the field, (2) minor grading in the interior of the dike to restore properly functioning quarter drains and collector
drains and to slightly crown field areas between the drains, and (3) removing the monospecific stand of Plea mites currently existing in the
field; planting with rice and similar grains, flooding and water level management within the future rice field.
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
Proposed work would restore and protect a remaining, intact rice field located within the historic Pleasant Oaks Plantation. The intent of
the project is to maintain the historic rice field which has been present in this location since the mid 1700's. The property owner is a direct
descendant of the original land grant recipient, and as such, has an interest in restoring and preserving the last remaining Pleasant Oaks
Plantation rice field for posterity and historical value.
USE BLOCKS 20-23 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
Permanent wetland fill is needed to create a uniform dike width and height. The dike as it exists today is not uniform in width due to a
previous lack of maintenance. Increasing the top of the dike to a 12' uridth with 2:1 side slopes and increasing the height of the dike by 2'
to a final b' NAVD88 is needed for proper water level control and stable vehicular access.
Temporary wetland impacts within the diked area would allow for minor grading to slightly crown the field, for removal of the existing
Phragmites vegetation, and for planting with rice and similar grains.
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards:
Type Type Type
Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards
Clean sand for dike expansion- 6,815cy
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
Acres Permanent Impact for Dike Expansion = 1.2 acres. Temporary Wetland Disturbance 24.2 acres.
or
Linear Feet
23. Description of Avoidance, Minimization, and Compensation (see instructions)
Please see attached.
ENG FORM 4345, OCT 2012 Page 2 of 3

24. Is Any Portion of the Work Already Complete? ❑Yes X No IF YES, DESCRIBE THE COMPLETED WORK
A Nationwide 3 Permit was obtained on March 30, 2015 to allow for maintenance and repair of the existing dike. The Nationwide Permit
authorized repair of two breaches and maintenance leveling of low spots on top of the dike. All work requested and. approved remained
within the existing dike footprint. No expansion or new work was done.
25. Addresses of Adjoining Property Owners, Lessees, Etc.. Whose Property Adjoins the Waterbody (o more than can be entered here, please attach a supplemental list).
a. Address- Adj to the North - t-libernia Management, LLC 2425 North May Street
City - Southern Pines State - NC Zip - 28387
b. Address- Adj to the South - A iD3GL, LI.,C Attn: Joseph fi. Davis IV, 5516 Nakoma Drive
City - Dallas State - TX Zip - 75209
c. Address -
City - State - Zip -
d. Address -
City - State - Zip -
e. Address -
City - State - Zip -
26. List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL` IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED
NUMBER
USAC E; JD SA1k%-201.4-00531 November 2l, 2014
USACE NW 3 -Maintenance SAW -2014-00531 March 30, 2015
NCDWR (DWQ) No Written Concurren DWQ ##I 1-0896v2 March 6, 2015
Would include but is not restricted to zoning, building, and flood plain permits
27. lieation is hereby made for permit or permits to authorize the work described in this application. I certify that this information in this application is
plate d urate. I further rti hat I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the
a�plica t.
SIGNAT OF APPLICANT DA SIGNATURE OF AGENT 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.
ENG FORM 4345, OCT 2012 Page 3 of 3

23. Description of Avoidance, Minimization, and Compensation (see instructions)
Complete avoidance of wetland impacts was not possible since the purpose of the project is to
restore the rice field in its historic location. The Cape Fear River shoreline in this location is
relatively high in elevation (approximately +10'MSL to a maximum +25' MSL) with a steep
slope to the river. The historic and current water source for the rice field is Sandhill Pond which
sits approximately six feet to ten feet higher in elevation than the rice field. Flooding to the field
was historically, and would continue to be, gravity -fed. Due to the topography, there is no
upland location along the shoreline where the rice field could be located and impact less wetland.
Relocating the field to the upland elevation of Sandhill Pond would require mechanical pumping
and would not meet the intention of this project to restore the historic rice field. It is noted that
an approximate 75' to 270' width of coastal marsh exists between the waterward edge of the
existing dike and the Cape Fear River. All coastal marsh impacts have been avoided. Proposed
dike/berm expansion work would begin at the waterward edge of the existing dike and expand
towards the interior of the field. Expansion towards the interior would contain wetland impacts
to the previously disturbed field, which is currently dominated by Phragmites, and would avoid
all coastal marsh.
Wetland impacts have been minimized by limiting dike expansion to the narrowest functionable
width and by expanding towards the interior of the field as mentioned. Access to the rice field,
by foot or by equipment needed to maintain the field, would be available from the top of the dike
only. The proposed top width (12') is the minimal width that would allow for safe and stable
equipment access. The proposed top width also appears to be consistent with the previous width
which has narrowed and eroded in sections due to a previous lack of maintenance. Side slopes
for the fill would be at a 2:1 slope, the steepest slope that can be vegetatively stablized and
maintained. The final elevation of the dike would be 6' NAVD88, which would raise the current
elevation by approximately two feet. The minimum height needed to maintain proper water
level control and access is requested to further minimize side slope fill.
All requested wetland fill would be placed in the interior of the rice field, an area which has
already been functionally altered. Although the existing field meets wetland criteria, it has been
historically altered and converted. The field is currently a monospecific stand of invasive, non-
native Phragmites and has been disconnected from lateral flooding by the river. Impacts are
thought to be to a relatively low -functioning wetland when compared to undisturbed wetland in a
similar geomorphic position (such as brackish/salt marsh).
Wetland impacts could not be completely avoided due to the purpose and intention of the project,
however, impacts to high functioning coastal marsh have been completely avoided. Impacts to
previously altered wetland in the interior of the field has been minimized by maintaining the
minimum dike height and width needed for safe access and proper function. Mitigation to offset
unavoidable wetland impacts within the existing Phragmites (field) area is offered in the form of
payment to the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB). Purchase of 1.2 acres
of riverine riparian wetland credits is offered. A mitigation ratio of 1:1 is offered based on the
previously altered condition of the wetland to be impacted.

23. Description of Avoidance, Minimization, and Compensation (see instructions)
Complete avoidance of wetland impacts was not possible since the purpose of the project is to
restore the rice field in its historic location. The Cape Fear River shoreline in this location is
relatively high in elevation (approximately +10'MSL to a maximum +25' MSL) with a steep
slope to the river. The historic and current water source for the rice field is Sandhill Pond which
sits approximately six feet to ten feet higher in elevation than the rice field. Flooding to the field
was historically, and would continue to be, gravity -fed. Due to the topography, there is no
upland location along the shoreline where the rice field could be located and impact less wetland.
Relocating the field to the upland elevation of Sandhill Pond would require mechanical pumping
and would not meet the intention of this project to restore the historic rice field. It is noted that
an approximate 75' to 270' width of coastal marsh exists between the waterward edge of the
existing dike and the Cape Fear River. All coastal marsh impacts have been avoided. Proposed
dike/berm expansion work would begin at the waterward edge of the existing dike and expand
towards the interior of the field. Expansion towards the interior would contain wetland impacts
to the previously disturbed field, which is currently dominated by Phragmites, and would avoid
all coastal marsh.
Wetland impacts have been minimized by limiting dike expansion to the narrowest functionable
width and by expanding towards the interior of the field as mentioned. Access to the rice field,
by foot or by equipment needed to maintain the field, would be available from the top of the dike
only. The proposed top width (12') is the minimal width that would allow for safe and stable
equipment access. The proposed top width also appears to be consistent with the previous width
which has narrowed and eroded in sections due to a previous lack of maintenance. Side slopes
for the fill would be at a 2:1 slope, the steepest slope that can be vegetatively stablized and
maintained. The final elevation of the dike would be 6' NAVD88, which would raise the current
elevation by approximately two feet. The minimum height needed to maintain proper water
level control and access is requested to further minimize side slope fill.
All requested wetland fill would be placed in the interior of the rice field, an area which has
already been functionally altered. Although the existing field meets wetland criteria, it has been
historically altered and converted. The field is currently a monospecific stand of invasive, non-
native Phragmites and has been disconnected from lateral flooding by the river. Impacts are
thought to be to a relatively low -functioning wetland when compared to undisturbed wetland in a
similar geomorphic position (such as brackish/salt marsh).
Wetland impacts could not be completely avoided due to the purpose and intention of the project,
however, impacts to high functioning coastal marsh have been completely avoided. Impacts to
previously altered wetland in the interior of the field has been minimized by maintaining the
minimum dike height and width needed for safe access and proper function. Mitigation to offset
unavoidable wetland impacts within the existing Phragmites (field) area is offered in the form of
payment to the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB). Purchase of 1.2 acres
of riverine riparian wetland credits is offered. A mitigation ratio of 1:1 is offered based on the
previously altered condition of the wetland to be impacted.