20080859 Ver 1_More Info Received_20081106

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KELLER ENVIRONMENTAL
ENVIRONMENTAL CONSULTANTS
7921 Haymarket Lane, Raleigh, NC 27615
[phone]
Fax [phone]
A
LETTER OF TRANSMITTAL
DATE: October 29, 2008 Ta (?? T? i tie
4e! ..
TO: DWQ 401 Wetlands Unit ATTENTION: Staff 10 V 2008
RE: Audubon Villages; 08-0859 DR41R • Otp'fFR QUALI I Y
VXTLMDw AND STORM:"IA?E. BRMIf;H
WE ARE SENDING YOU THE FOLLOWING:
? Pre-construction Notification (PCN) ® Plans ® Maps ? Specifications
® Documents ® Other
$570 Application Fee
THESE ARE TRANSMITTED AS CHECKED BELOW:
® For approval ® As requested ® For review & comment
? Please reply ? See below ® For your files
Regular Mail ? Fed-Ex Delivered by KE Picked Up
COPIES DATE DESCRIPTION
1 10-29-08 DWQ Application Check $570
1 10-29-08 CD
5 10-29-08 Cover Letter
5 10-29-08 Submittal Letter
5 01-24-08 Agent Authorization
5 Water Management Narrative
5 Phasing Narrative
5 APPENDICES:
A: Site Plans (5)
B: Maps
C: Geotechnical & Hydrology
D: Historic Aerials & NWI Wetland Maps
E: Site Photographs
F: Real Estate Market Analysis
G: Wetland Mitigation
H: Adjacent Property Owners
I: Regulatory Letters
Rec'd By:
THANK YOU!
Signed
Cc: Joanne Steenhuis, DWQ Wilmington Regional Office
Ito
KELLER ENVIRONMENTAL
ENVIRONMENTAL CONSULTANTS
October 29, 2008
Mickey Sugg
US Army Corps of Engineers
Wilmington Regulatory Field Office
69 Darlington Avenue,
Wilmington, NC 28403
Re: Audubon Villages
Keller Environmental Job No. 0669
Carteret County, North Carolina
Dear Mr. Sugg & Ms. Steenhuis:
Thank you for your assistance
submit the following project information
NC Division of Water Quality (DWQ)
85,000 cubic yards of material into 4.
several items to assist your review of
additional clarification please feel free
email: [e-mail].
Sincerely,
Keller Environmental, LLC
e"X_4'e??
Jay Keller
Principal
Joanne Steenhuis
NC Division of Water Quality
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
with this Audubon Villages project. WE
to you for US Army Corps of Engineers
401 approval. We are requesting to plac
67 Acres of Non-riparian wetlands. WE
the project. If you should have que;
to contact me at 844-7437 (office), 74
Cc: DWQ 401 Wetlands Unit (5 copies)
EDA, pa
Nils Ladenburg
are pleased to
(COE) 404 and
approximately
have attached
rions or require
3-8259 (cell) or
Attachments: please refer to transmittal letter
KE
KELLER ENVIRONMENTAL
ENVIRONMENTAL CONSULTANTS
October 28, 2008
Introduction
Keller Environmental LLC appreciates the attention given to this project and working
with Gavin Davis, ASLA (EDA pa); Mickey Sugg (US Army Corps of Engineers); NC
Department of Environment and Natural Resources (DENR); and NC Wildlife
Resources Commission (WRC) personnel. The developers of Audubon Villages are
committed to the conservation and restoration of natural ecosystems for the benefit of
biological diversity in their community and for their homeowners. We would like to offer
the following justification document related to our development plan and proposed
impacts on jurisdictional wetlands.
Backaround
The development project consists of a total of 226.88 acres. This is composed of two
tracts of land. Tract One (733703209255000) is 205.11 acres having 166 linear feet of
roadway frontage on Harker's Island Road (SR 1332) and 401 linear feet of roadway
frontage on Crow Hill Road. Tract Two (733703018968000) is 21.77 acres having
1,269 linear feet of roadway frontage on Harker's Island Road. Primary access to the
overall development is from Harker's Island Road (intersects directly with Hwy 70 East)
with secondary access from Crow Hill Road.
There are a total of 11.42 acres of jurisdictional wetlands in the project area. These
wetlands are confined to Tract Two. The wetlands do not cover a single contiguous
area. The wetlands consist of a 3.75 acre "pocket" generally in the center of the tract
and a 7.67 acre "pocket" located along the western edge of the tract. These respective,
A and B, wetland areas (WA) were confirmed during a site meeting with Mr. Mickey
Sugg of the U.S. Army Corps of Engineers (COE) on October 4, 2006.
Regulatory Comments
After discussing the proposed project with and/or receiving comments from the COE,
DENR, and WRC; we have modified the proposed project to reduce wetland impacts.
The majority of WA B has been avoided and will be placed in preservation. Please
refer to Exhibit A (Commercial Site Plans) for details. WA A (3.75 acres) is proposed to
be fully impacted. Impacts associated with WA B have been minimized. Of the 7.67
acres of WA, 6.75 acres (82%) are being preserved. Stormwater will be treated for the
entire project prior to discharging off-site. Treated stormwater around WA B will be
discharged to it, furthering water quality protection of Whitehurst and South Leopard
Creeks and Goose Bay.
Audubon Villages
October 28, 2008
Page 2 of 9
Historical Use
The former owner of Tracts One and Two utilized the land for farming and silviculture,
respectively. During farming operations, Tracts One was cleared and graded to permit
row/field crop production. Tract Two was primarily a mature longleaf pine forest with
shrub understory prior to a non-selective method of tree harvesting was conducted in
2004/2005.
Soils
USGS soils classification at the existing wetlands are Tomotley and Deloss. These
soils are defined by the USGS as follows.
Tm Tomotley fine sandy loam
Setting
Landscape: Coastal plains Elevation: 0 to 20 feet Mean annual precipitation: 42 to 58 inches
Mean annual air temperature: 61 to 64 degrees F Frost-free period: 190 to 270 days
Composition
Tomotley, drained, and similar soils: 80 percent of total site; Tomotley, undrained, and similar
soils: 10 percent of total site.
Description of Tomotley, drained
Setting
Landform: Depressions on stream terraces, flats on marine terraces
Down-slope shape: Linear
Across-slope shape: Linear
Parent material: Sandy and loamy fluviomarine deposits and/or marine deposits
Typical Profile
0 to 8 inches: fine sandy loam
8 to 38 inches: sandy clay loam
38 to 43 inches: sandy loam
43 to 60 inches: loamy sand
Description of Tomotley, undrained
Setting
Landform: Flats on marine terraces, depressions on stream terraces
Down-slope shape: Linear
Across-slope shape: Linear
Parent material: Sandy and loamy fluviomarine deposits and/or marine deposits
Typical Profile
0 to 8 inches: fine sandy loam
8 to 38 inches: sandy clay loam
38 to 43 inches: sandy loam
43 to 60 inches: loamy sand
43 to 60 inches: loamy sand Detailed Soil Map Units
Audubon Villages
October 28, 2008
Page 3 of 9
De Deloss fine sandy loam
Setting
Landscape: Coastal plains Elevation: 0 to 10 feet Mean annual precipitation: 38 to 55 inches
Mean annual air temperature: 59 to 70 degrees F Frost-free period: 210 to 265 days
Composition
Deloss, drained, and similar soils: 80 percent Deloss, undrained, and similar soils: 10 percent
Description of Deloss, drained
Setting
Landform: Depressions, flats
Down-slope shape: Concave
Across-slope shape: Linear
Parent material: Loamy fluviomarine deposits
Typical Profile
0 to 15 inches: fine sandy loam
15 to 45 inches: sandy clay loam
45 to 80 inches: fine sandy loam
Description of Deloss, undrained
Setting
Landform: Depressions, flats
Down-slope shape: Concave
Across-slope shape: Linear
Parent material: Loamy fluviomarine deposits
Typical Profile
0 to 15 inches: fine sandy loam
15 to 45 inches: sandy clay loam
45 to 80 inches: fine sandy loam
A soil analysis was conducted on site by Terracon Consultants, Inc. Hand auger tests
of existing wetlands indicate the following profile.
0 to 18 inches: topsoil
18 to 36 inches: gray and light gray sandy clay
36 to 48 inches: light gray clayey fine sand
48-72 inches: light gray and brown silty fine sand
Seasonal high water was determined at 2 feet with groundwater at 3.5 feet. Soil
permeability tests indicate an infiltration rate of .04 in/hr. See the attached excerpts
from the Geotechnical Engineering Report and EDA calculations.
Topography and Hydrology
The topography of Tract Two is relatively flat (.1-.2%). The average elevation change is
1.0 foot. The tract drains from east to west with runoff from uplands and wetlands
entering an agricultural drainage ditch along the eastern boundary of Tract One. Water
Audubon Villages
October 28, 2008
Page 4 of 9
entering this ditch is conveyed north to a larger ditch on Tract One. This ditch drains to
the west and outfalls near Crow Hill Road.
The topography of the site limits on-site water supply to the wetlands. 5.34 acres of
land area contribute to the 2.61 acre wetland and 11.83 acres contribute to the 6.81
acre wetland. The limited size of these contributing areas will make it difficult to provide
a consistent water supply to maintain optimal wetland conditions and benefit the
performance of this wetland area.
Vegetation
Tract One entirely consists of cultivated crops. Recent plantings include corn and
soybeans.
The uplands within Tract Two support the following:
Common name Species Stratum WI status
Red maple Acer rubrum Shrub FACW
Sweetgum Liquidambar styraciflua S FAC+
American holly Ilex opaca S FAC-
Milkwort Polygala lutea S FACW+
Pokeberry Phytolacca americana S FACU+
Smooth sumac Rhus glabra S UPL
Blackberry Rubus trivialis S FAC
Dog fennel Eupatorium capillifolium Herb FACW+
Joe pye weed Eupatorium dubium H FACU
The wetland areas within Tract Two support the followin :
Common name Species Stratum WI status
Red bay Persea borbonia Tree FACW
Red maple Acer rubrum Shrub FACW
Sweetgum Liquidambar styraciflua S FAC+
American holly Ilex opaca S FAC-
Milkwort Polygala lutea S FACW+
Wax myrtle Myrica cerifera S FAC+
Sedge Carex spp. Herb FAC-OBL
Rush Juncus spp. H FAC-OBL
Greenbriar Smilax laurifolia Vine FACW+
Land Use
Land use in the surrounding area consists of residential homes, agriculture, silviculture,
open water (Goose Bay), small businesses, and churches. The adjacent residential
areas are primarily single-family homes. There is an adjacent mobile home park to the
northwest that was constructed after 1994.
Audubon Villages
October 28, 2008
Page 5 of 9
Historic Properties
KE personnel conducted a review of historic aerials of the subject site in January 2008
(see attached). Prior to this review, we also inquired the previous land owner of several
decades, Mr. Jeffrey Taylor, about potential structures. According to both accounts,
there have not been any structures on the subject site.
Endangered Species
A search of the North Carolina Natural Heritage Program database was conducted to
determine whether any state or federally listed rare species have previously been
observed within or near the project area. This search found no known record of rare
species within the project site. There are two (2) known Federally-listed endangered
and threatened species know to occur in the "Harkers Island" USGS Quad area,
excluding coastal and marine species. They are seabeach amaranth (Amaranthus
pumilus) - threatened; and shortnose sturgeon (Acipenser brevirostrum)- endangered.
Habitat for these two species is absent on the subject site. Pursuant to the Endangered
Species of 1973, the proposed project should not have any effect on federally listed
endangered or threatened species or their formally designated critical habitat.
Purpose and Need
The applicant's purpose and need is to develop an economically viable residential and
commercial development. The target population of this development is people
employed in the neighboring communities of Beaufort, Morehead City, and Harkers
Island, people retiring to this area and members of the armed forces.
At full build-out the development will be home to 1,200 to 1,600 residents. These
residents need access to food, fuel, banking and professional services. The
commercial development will provide vital services to these new residents. Additionally,
the commercial component will bring services closer to the communities of Straits,
Gloucester and Marshallberg and the 1,500+ residents of Harker's Island who currently
travel ten to fifteen miles to Beaufort and Morehead City.
Site Plan
The proposed site plan for Tract Two consists of a roadway and neighborhood
commercial development. The proposed design will impact 5.47 acres or 58% of
existing jurisdictional wetlands. See attached drawings.
EDA conducted in-house studies for avoidance, minimization and mitigation to develop
an appropriate design solution for Tract Two. Their studies were influenced by the
following factors: Conformity to local code/ordinance, financial viability, soil and
hydrologic characteristics, traffic circulation and compatibility with adjacent land owners.
Audubon Villages
October 28, 2008
Page 6 of 9
Avoidance
EDA evaluated two avoidance scenarios related to the proposed site plan. The first
scenario looked at alternate locations for the entire 226 acre development. The second
scenario evaluated alternate locations of the neighborhood commercial component
within the 226 acre site.
For Scenario One EDA conducted an MLS and Loopnet search of available land within
Carteret County. See attached. Of the 10 available properties within the search area
only two properties were of comparable size to the subject property. The Cedar island
property (270 acres) was determined to be too distant from the market area to be
financially viable. The Hwy 101 I.C.W property (270 acres) is within reasonable
proximity to the subject property and target market. At $50 million, however, the cost of
land acquisition would dictate higher unit sale prices; pricing the development beyond
the target market. Further, both properties are waterfront properties. The proximity to
waters and likely greater acreage of wetlands would increase Federal/State/County
compliance requirements and would result in either a lower net developable area or
increased development costs or both.
For Scenario Two EDA evaluated alternate sites within the 226 acre property. After
careful evaluation the proposed site was found to be most suitable for the following
reasons:
Economy: The neighborhood commercial component is intended to serve the proposed
residential development and the needs of existing residents and tourists in the area.
Currently, the area is underserved by commercial development with the closest services
10-15 miles away.
Generally, retail and service businesses perform better when part of a larger
commercial development rather than as individual "stand alone" stores. This is due to
the greater visibility of stores and the cross-over effect of consumers from one store
visiting another store within the same development. An anchor store alone does not
generate enough lease revenue to the developer to justify the expense of development.
Likewise, individual stores alone and out-parcels are likely to fail without the presence
of an anchor to draw in consumers. Failed businesses generate zero lease revenue for
the developer. The resulting empty stores can become a blight to the community which
negatively impact property values.
To best attract long-term commercial tenants the commercial component must have a
mix of an anchor store and smaller stores and out parcels. The anchor draws in other
tenants to the smaller storefronts and outparcels. These smaller businesses and
sale/lease of outparcels make the development financially viable.
Key to drawing the anchor is development size and location. The development must be
of sufficient size to support the anchor's operations and it must be located where the
store(s) will have the highest visibility to the most consumers. Based on these criteria
Audubon Villages
October 28, 2008
Page 7 of 9
the location along Harker's Island Road is most desirable as the property is large
enough to support an anchor and a sufficient number of other tenants to make the
development viable. Further, the large roadway frontage provides desirable visibility to
those traveling on Harker's Island Road to or from Highway 70. The access road
location was also influenced by economics. Placement of the access road north of the
Parker property would have reduced the developable area and value of the Tract north
of the Parker property.
Traffic: The development is bordered by two existing State roads, Harker's Island Road
(SR 1332) and Crow Hill Road (SR 1333). A road (Open Water Parkway) will be built to
provide access to the residential development. This road will intersect Harker's Island
Road and Crow Hill Road. Harker's Island Road is the primary thoroughfare between
Harker's Island and Highway 70 East. Locating the commercial development along
Harker's Island Road will preserve traffic on the primary roadway rather than draw a
large number of vehicles through the residential development along Open Water
Parkway or divert a larger number of vehicles onto the less traveled Crow Hill Road.
Compatibility with Adjacent Land Owners: The selected location was determined to
have the least impact on adjacent properties with respect to traffic, noise and views.
Traffic would be preserved on the existing primary thoroughfare. Subdivision traffic
would be able to access the commercial area without entering onto Harker's Island
Road. Noise and views would be would be attenuated by a required 30' perimeter
development buffer and proposed wetland, park and open space west of the
development.
Soils/Hydrology: Waters generally drain from east to west on the 226 acre site.
Location of the commercial development at the western edge of the property places the
development at the highest point of the property farthest away from the drainage
discharge point. This allows for a longer train of storm water treatment for optimal
compliance with Federal/State/County guidelines.
Environment: Creating a single larger commercial development will minimize the
cumulative impacts of multiple smaller commercial developments by reducing the
pressure/potential of multiple small commercial developments on previously
undeveloped lands and wetlands in the vicinity. According to the NWI Map, there is an
abundance of jurisdictional streams and wetlands in the project area. There is a high
probability that location of these out-parcels off the site would lead to additional
cumulative impacts of these jurisdictional areas. The single larger commercial
development also reduces the vehicle miles driven by residents in the area thereby
reduces vehicle emissions into the air and oil, metal and sediment deposits onto
roadways.
Audubon Villages
October 28, 2008
Page 8 of 9
Minimization
The proposed site plan was developed to minimize impacts on existing wetlands to the
maximum extent possible while meeting financial objectives of the owner and the
requirements of local ordinance. Please refer to Exhibit A (Commercial Site Plans) for
details.
Financial Objectives:
Provide suitable plan to allow for anchor tenant (grocery) and associated tenants.
Provide suitable out parcels for other service needs in area (bank, gas, restaurant,
medical). At full build-out the commercial component could yield $300 per square foot
of building or $27 million. The property tax value to the County on $27 million in
assessed value could yield $7,700 annually.
Ordinance Requirements:
COMMERCIAL LOT AREA 13.80 AC
BUILDING SETBACK REQUIREMENTS 40' FRONT
30' REAR
20' SIDE
PERIMITER LANDSCAPE BUFFER 20'
TOTAL EXISTING WETLAND 11.42 AC
PRESERVED WETLANDS 6.75 AC
TOTAL OPEN SPACE 6.28 ACRES (46%)
PARKING SPACES SHOWN 374
SERVICE DRIVE AND BAYS 30' MINIMUM WIDTH
Potential Environmental Impacts
The proposed project would impact 4.67 acres of non-riparian 404 wetlands.
Secondary impacts to wetlands and water quality could occur during and after
construction of the project through erosion and stormwater runoff. These potential
impacts will be minimized by the development and implementation of a stormwater plan
and a sedimentation and erosion control plan. These plans will reduce the potential for
erosion into wetlands and other water bodies located off site.
Mitigation
As mentioned previously, wetland mitigation will be required for the proposed impacts.
Mitigation for the proposed impacts of 4.67 acres will be required. To mitigate for the
proposed wetland impacts, all remaining wetlands will be preserved to ensure no
additional impacts beyond what is being requested here. Because the project's
Audubon Villages
October 28, 2008
Page 9 of 9
cumulative impacts are greater than 1 acre, the Division of Water Quality (DWQ) will be
requesting restoration and therefore, payment to the NC-EEP in-lieu fee fund is
proposed (see attached EEP acceptance letter). Determination of the mitigation rate is
pending. The NCEEP has preliminarily agreed to accept payment for and provide any
additional required wetland mitigation, for up to 5.47 acres. Furthermore, over 23-acres
of landscaped ponds will provide multi-function benefits such as stormwater retention
and treatment, recreation, and natural aesthetics.
Conclusion
This proposed site plan and mitigation measures have been produced in accordance
with COE principals (avoidance, minimization and mitigation). We believe the proposed
development and mitigation measures provide the best balance of the core principals.
Thank you for your attention to this matter. If we can be of any further assistance or
provide any other information for this site please do not hesitate to contact me at 844-
7437 (office), 749-8259 (cell) or email: jayOkellerenvironmental.com.
Sincerely,
Keller Environmental, LLC
Jay Keller
Principal
01/20/2008 15 05 FAX [phone] CENTUPY 21?13NRISTI C01ST
KELLER ENVIRONMENTAL
ENVIRONMENTAL CONSULTANT S
7921 Hayma±kol Lana, Raleigh, NC
($18)844-7437
Fax [phone]
AGENT AUTHORIZATION FORM
Name: NilsLadenburr
Address: C AT 0".0Y _-
city, state, zeta
Project Name/Deseripbort: ,,.,_,_,,,,Qudutign Villa es 066
Date: _ f a 2 a a T
To, US Army Carps of Engineers
Raleigh Regulatory Office
Attn: Staff
6508 Falls of the Neuse Road
Suite 120
Raleigh, North Carolinas 27615
To Whom It May Concern:
0 00,211) 02
NC Division of Water Quality
401 Oversight and Express Permits Unit
Attn: Staff
2321 Crabtree Boulevard
Suite 2501
Raleigh, North Carolina 27604-2264
As a representative concerning the subject site, I do hereby authorize and give
permission for Keller Environmental to represent or act as agent can my behalf and allow
the COE or any other regulatory agency to go on the property with an Keller
Environmental representative for such purposes as necessary to perform the job tasks.
.Mils Ladenb r - _ -
Print Property Ownet's Name props. E3wner's Signature
Jay Keller
Keller Environmental, LLC
Preliminary Wetland & Stream Assessments-Jurisdictional Wetland Delinestions-Neuse & Tar River Stream Buffer
Evals & Coordinatlon-4011404 Water Quality Permitting- Stream & Wetland Restoration-Threal oned & Endangered
Species survays-Benthic Macroinve rteb rate Sampling-Phase I-IV Environmental Site Assessments--1'roo Surveys

Audubon Villages
Water Management Narrative
Project Description
The proposed project includes the development of a phased mixed use
development including single family residential units, multi-family units, commercial
units, community clubhouse and recreation facilities, amenity lakes, drainage infiltration
BMP areas, along with water and wastewater treatment facilities on a 226.88 acre site.
The site is located approximately 1.75 miles south of the intersection of US Route 70 and
Harkers Island Road at Latitude 34°44'32"N Longitude 76°33'31"W. The proposed
community will be constructed in several phases. The first phase will include the primary
spine road connecting Harker's Island Road to Crow Hill Road, all single family units
and lakes north of the primary spine road, the community clubhouse and recreation
facilities, and all required BMP treatment facilities to serve the first phase development.
Phase 2 will include the utilities facilities. This phase will begin prior to completion of
Phase 1 due to the necessity of utility availability for the Phase 1 development. Phase 3
will include all single family units and lakes on the south side of the primary spine road
along with all required BMP treatment areas. Phases four through seven are designated as
future construction. These areas have been conceptually designed with maximum
impervious areas attributed to them. Although water quality calculations have been
included in this permit application, further division of these areas will be necessary to
provide infiltration BMP devices that treat a maximum of 2 ac-in volume. As these areas
have not been fully designed, addendums to this permit will be submitted at later dates
with the detail required for construction.
Existing Site Characteristics
The existing site is a predominantly cleared farm land with a small pocket of
wetlands totaling approximately 11.42 acres. 4.67 acres of wetlands will be impacted by
the proposed development and is been permitted through the Division of Water Quality
and US Army Corps of Engineers. The site is relatively level with runoff being collected
in existing manmade ditches running throughout the site. These ditches carry the runoff
to roadside ditches along Crow Hill Road and Harker's Island Road. The Crow Hill Road
ditches lead to culverts and additional ditches until outfalling to South Leopard Creek
(classification SA;HQW, index 21-35-1-7-3 in the White Oak Basin. The Harker's Island
Road ditches lead also to culverts and ditches until outfalling to Whitehurst Creek
(classification SA;HQW, index 21-35-1-12-2 in the White Oak Basin. Offsite flow is
intercepted by ditches along the perimeter of the site and is directed to the
aforementioned roadside ditches. According to the FEMA Flood Insurance Rate Maps the
site lies within the Floodplain Zones AE(6), AE(7), and AE(8).
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Page I of 2
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Proposed Site Drainage Characteristics
The site has been divided into over 50 drainage areas due to the requirement of
infiltration BMP devices treating a maximum volume of 2 ac-in. The overall concept of
the proposed drainage is to collect runoff from within each respective drainage area by
way of sheet flow, where ever possible, into infiltration basins sized to treat the required
first 1.5 inches of runoff with excess runoff flowing through a control structure designed
with the overflow elevation equal to the required treatment storage elevation and then
conveyed to either onsite lakes or grassed swales leading to the roadside ditches along
either Crow Hill Road or Harker's Island Road. For drainage areas that can not convey
water to the BMP by sheet flow, the runoff will be collected in catch basins and conveyed
through pipes. The pipes will connect to splitter box structures designed to let water into
the infiltration basin by way of a circular orifice and distribution channels. A baffle has
been designed in the splitter boxes to divert excess flow away from the BMP and convey
to onsite lakes or swales until ultimately reaching the roadside ditches.
Although the system will utilize the infiltration systems as the only credited BMP,
we would like to point out that there will be a residual effect of conveying the excess
flow to the onsite lakes and grassed swales in a low flow manner that will provide for not
just additional treatment but also attenuation during more extreme rainfall events.
BMP Devices
The proposed drainage system incorporates Infiltration Basins as the BMP
devices for treatment credit. The Basins are designed to infiltrate the required treatment
volume within 5 days. Each BMP device will handle less than the maximum 2 ac-in of
runoff. The soils in the bottom of each infiltration will need to meet and infiltration rate
of 0.52 inches per hour. Based on the geotechnical report there are several basins that
meet that requirement and several that do not. We request permission to replace soils as
necessary in accordance with NCDENR Water Quality rules to meet the minimum
infiltration rate. The attached water management/water quality calculations take into
account the actual infiltration rate if it meets or exceeds the minimum requirement and
replaces the actual rate with a minimum rate of 0.52 in/hr where soils will require
replacement.
Erosion Control Devices
Several erosion control devices are used through out the site. A gravel
construction entrance is located at three different entrances to the site for construction
vehicles entering and leaving the site. Silt Fence is located along the limits of
disturbance. Silt Fence is also located along wetland areas and undisturbed site areas.
Straw blankets will be used on all slopes of 3:1 or steeper. Inlets shall be protected and
paved areas will be swept regularly. Upon completion of construction the temporary
erosion control devices will be removed.
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Page 2 of 2
Audubon Villages
Phasing Narrative
Construction Phasing of the Audubon Villages Project will be done in accordance
with the provisions of the NCDENR Division of Land Quality Erosion Control permit in
an attempt to maintain a maximum disturbed area of 20 acres. To achieve this, the
sequence of construction will be to begin by constructing the most downstream storm
water infrastructure and excavate proposed lakes. Construction will continue in other
development areas north of the primary boulevard cutting through the site with
infiltration basins and lakes being used as temporary sediment control. Temporary
ditching may be necessary to maintain positive drainage to sediment control areas during
construction. Construction shall move into new areas only when previously disturbed
areas have been stabilized.
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APPENDIX A - Site Plans
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USGS Topographic Survey Map
1987 Carteret County NRCS Soil Survey Map
2008 NRCS Web Soil Survey Map
Topographic and NRCS Soil Map
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Map Unit Legend
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Carteret County, North Carolina (NC031)
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
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W Water 155.2 8.3%
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slopes
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USDA Natural Resources Web Soil Survey 2.0 4!6/2008
i Conservation Service National Cooperative Soil Survey Page 3 of 3
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APPENDIX C - Geotechnical & Hydrology
Geotechnical Report
Hydrological Conditions
GEOTECHNICAL ENGINEERING REPORT
AUDUBON VILLAGES
HARKERS ISLAND ROAD
BEAUFORT, NORTH CAROLINA
TERRACON PROJECT NO. 72075094
January 9, 2008
Prepared for.
CHRISTI CONSTRUCTION
4628 North Croatan Highway
Kitty Hawk, North Carolina 27949
Prepared by.
TERRACON CONSULTANTS, INC.
314 Beacon Drive
Winterville, North Carolina 28590
Phone: [phone] Fax: [phone]

January 9, 2008
Christi Construction
4628 North Croatan Highway
Kitty Hawk N.C. 27949
Attention: Mr. Nils Ladenburg
Subject: Report of Soil Sampling and Laboratory Testing
Audubon Villages
Beaufort, North Carolina
Terracon Project Number 72075094
Dear Mr. Ladenburg:
Terracon Consultants, Inc.
314 Beacon Drive
Winlerville, North Carolina 28590
Phone [phone]
Fax [phone]
As requested by Mr. Vincent Antrilli, representing EDA, PA and authorized by your
acceptance of our Agreement for Services dated November 8, 2007, Terracon
Consultants, Inc. (Terracon) has performed soil sampling and soils laboratory testing
services for the proposed Audubon Villages Subdivision in Beaufort, North Carolina.
This report summarizes our understanding of project information, scope of services
performed, findings and the results of our soils laboratory testing.
PROJECT INFORMATION
Project information was obtained from our conversations with Mr. Vincent Antrilli and Mr.
Gavin Davis of EDA, PA and our review of development site plans provided by EDA, PA.
We understand that a new subdivision will be constructed on Harkers Island Road, near
Beaufort, North Carolina. As part of the water BMP (Best Management Practices)
design process, Terracon has been asked to provide a field exploration for the purpose
of determining depth to water table, providing a visual soil classification and securing soil
samples for flex wall permeability testing at each locations indicated on the drawing
provided. Terracon has been also asked to perform five soil test borings within the
proposed lakes and wetlands.
SCOPE OF WORK
In order to perform the work, Terracon performed the following tasks:
• Drill 5 soil test borings, each to a depth of 15 feet below existing grades, within
the proposed lake and wetland locations.
• Advance hand auger borings at locations shown on the drawing provided. Soil
samples for flex wall permeability testing were obtained from an elevation above
the saturated zone near the water table.
Irerracon
Consulting Engineers & Scientists
Delivering Success for Clients and Employees Since 1965
More Than 95 Offices Nationwide
Audubon Villages January 9, 2008
Beaufort, NC Terracon Project No. 72075094
• Performed permeability testing on the samples obtained using the ASTM D5084
test method.
• Issued this written report summarizing our findings and the results of the
laboratory testing.
FINDINGS
Hand Auger Borings and Permeability Testing
Boring locations and sample depths were selected by the client. Terracon personnel
were on site to perform forty-four hand auger borings and to visually classify the soils in
general accordance with the Unified Soil Classification System. Hand auger borings HA-
20, HA-21, HA -38 and HA-40 were omitted due to being in the same locations with the
lake soil test borings. The borings generally encountered approximately 6 to 12 inches
of grass and topsoil at the ground surface. Below the topsoil, the borings generally
encountered silty sand, clayey sand and sandy clay. The soils became more clayey
towards the southern and western portions of the site. Groundwater was measured at 3
to 5 feet below the existing grades for most portions of the site. Groundwater was
encountered at approximately 2 feet below the existing grades within the southern and
western portions of the site. The hand auger locations and generalized soil conditions at
each boring location were given in the Appendix.
Soil samples near the current ground water table elevation were also obtained from each
hand auger boring location and returned to the laboratory for permeability testing. The
flex wall permeability testing were performed in general accordance with ASTM
Standard D 5084. A permeability sample was not obtained from auger boring HA-42
due to the groundwater and the sandy soil conditions. The testing results are
summarized in the Appendix.
Based on our field exploration results, most of borings encountered clayey sand and sandy
clay in the top 3 feet of the subsurface profile. The on-site soils became more clayey
towards the southern and western portions of the site. The soils within those portions of the
site should not be used as structural fill material within the building and pavement areas
due to their high clay content. However, these soils may be used in areas to be
landscaped.
Soil Testing Borings
Boring locations and sample depths were also selected by the client. The soil test
borings were drilled with an ATV-mounted rotary drill rig using hollow stem auger drilling
procedures to advance the borehole. Representative samples were obtained using
split-barrel sampling procedures. In the split-barrel sampling procedure, a standard
2-inch O.D. split-barrel sampling spoon is driven into the ground with a 140-pound
Audubon Villages January 9, 2008
Beaufort, NC Terracon Project No. 72075094
automatic hammer falling a distance of 30 inches. The number of blows required to
advance the sampling spoon the last 12 inches of an 18-inch penetration is recorded as
the standard penetration resistance value (N-value) and was performed in the soil test
borings at 2.5 and 5-foot intervals. These values are indicated on the boring logs at the
depths of occurrence. A greater efficiency is achieved with the automatic hammer,
compared to a conventional safety hammer operated by a cathead and rope. The effect
of the increased efficiency was considered in interpreting the standard penetration
resistance values. In general, N-values obtained by an automatic hammer should be
multiplied by a factor of 1.3 to compare with N-values obtained through a conventional
safety hammer. The values shown on the boring logs reflect the automatic hammer
values and have not been modified to compare with conventional safety hammer values.
Terracon personnel visually classified the split-spoon soil samples, in general
accordance with the United Soil Classification System, and prepared boring logs
describing the soil type and N-values for each soil sample obtained. Boring logs are
included in the Appendix of this report.
The borings generally encountered approximately 6 inches of grass and topsoil at the
ground surface. Below the surface topsoil, the borings generally encountered very loose
to loose clayey sand to a depth 3 to 5 feet below the existing grades. Boring B-5 (within
the vicinity of the wetland) encountered a layer of very soft sandy clay in the upper 3
feet. Then the borings generally encountered loose to medium dense sand with varying
proportions of silt and clay to the boring termination depth of 15 feet. More detailed
descriptions of the subsurface conditions encountered at each boring location are
provided on the boring logs in the Appendix.
We appreciate the opportunity to work with you on this project. If you have any
questions, please contact us at [phone].
Sincerely,
Terracon Consultants, Inc.
? `,N61i1t11////
liu, E.I. i•• kA 170'•.,
Geotechnical Professional +,+•'?A?? ?!?'y
o ` e
a OEf1L
?C?? $ 16252 1 S
00
Carl F. Bonner, P.E. 4191
21 i'd
Greenville Office Manager •?,•
Attachments -q -Zoo g
SCALE 1:24 000
1 ,5 0 KILOMETERS 1 2
1000 0 METERS 1000 2000
1 .5 0 1
MILES
1000 0 1000 2000 3000 4000 5000 6000 7000 6000 9000 10 000
FEET N
CONTOUR INTERVAL 5 FEET
NATIONAL GEODETIC VERTICAL DATUM OF 1929
TOPO LINES REPRESENT 10-FOOT CONTOURS
QUADRANGLE ?r
HARKERS ISLAND, NC 1997
WILLISTON, NC 1949 PR1983
7.5 MINUTE SERIES (TOPOGRAPHIC)
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LG . 72075094 TOPOGRAPHIC VICINITY MAP FIG. No.
D..n By Solc lr
OWD AS SHOWN erracon GEOTECHNICAL ENGINEERING REPORT
GKeedBr. Poe74 CumultingEngin.- nndSefenWts PROPOSED AUDUBON VILLAGES
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CB JAN.200B .
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UNITED STATES - DEPARTMENT OF THE INTERIOR - GEOLOGICAL SURVEY
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LEGEND
SUBJECT SITE
APPROXIMATE BORING LOCATION
APPROXIMATE HAND AUGER BORING LOCATION
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PERMEABILITY TEST RESULTS
PERMEABILITY TEST REPORT
TEST DATA: SAMPLE DATA:
Specimen Height (cm): 10.14
Specimen Diameter (cm): 7.28
Dry Unit Weight (pcf): 93.3
Moisture Before Test 24.1
Moisture After Test 22.8
Run Number-: 1 •
Cell Pressure (psi): 45.0
Test Pressure(psi): 42.0
Back Pressure(psi): 40.0
Diff, Head (psi): 2.0
Flow Pate (cc/sec):1.93 x 10--2
Perm. (cm/sec) : 3.03 x 10--5
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5 10 15 20
AVERAGE HYDRAULIC GRADIENT - dH/L (cm/cm)
Project: Audubon Villages
Location: Beaufort, NC
Date: 1-4-2008
PERMEABILITY TEST REPORT
TERRACON CONSULTANTS, INC_
Project No.: 72075094
File No.:
Lob No..
Tested by: LW
Checked by: CFB
Test: CH - Constant head
Sample Identification: HA-1
Sampled at 5 ft
Visual Description: Gray Brown & Ton Brown
Silty Fine to Medium Sond
Remarks: ASTM D 5084
2 3
Maximum Dry Density (pcf):
Optimum Moisture Content
Percent Compaction:
Permeameter type: Flexible Wall
Sample type: Remolded
TIME - t (sec)
250 500 750 1000
PERMEABILITY TEST REPORT
TEST DATA: SAMPLE DATA:
Specimen Height (cm): 10.15 Sample Identification: HA-44
Specimen Diameter (cm): 7.27 Sampled at 5 ft
Dry Unit Weight (pcf): 107.0
i Visual Description: Dork Gry Brown Slightly
Mo
sture Before Test (%): 14.7 Clayey Silty Fine to Medium Sand
lvlOiSture After Test 17.3 Remarks: ASTM D 5084
R%un Number: 1 • 2 d
Cell Pressure (psi): 47.0 Maximum Dry Density (pcf):
Test Pressure(psi): 41.9 Optimum Moisture Content (%):
Back Pressure(psi): 40.0
Diff. Head (psi): 1.9 Percent Compaction:
Flow Rate (cc/sec) : 2.19 x 1a--2 Permeame ter type: Flexible Wa l I
Perm. (cm/sec) : 3.57 x 10--5 Sample type: Remolded
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AVERAGE HYDRAULIC GRADIENT - dH/L (cm/cm)
Project: Audubon Villages Project No.: 72075094
Location: Beaufort, NC File No.:
Date: 12-7-2007 Lab No.:
PERMEABILITY TEST REPORT Tested by: LW
Checked CH b- Constant head
TERRACON CONSULTANTS, INC _ ITest:
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400
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APPENDIX D - Historical Aerials & NWI Wetland Maps
AUDUBON VILLAGES
CARTERET COUNTY, NC
DATE: January 26, 2008
DESCRIPTION: 1953 aerial

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AUDUBON VILLAGES
CARTERET COUNTY. NC
DATE: January 26, 2008
DESCRIPTION: 1958 aerial
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AUDUBON VILLAGES
CARTERET COUNTY. NC
DATE: January 26, 2008
DESCRIPTION: 1964 aerial
AUDUBON VILLAGES
CARTERET COUNTY. NC
DATE: January 26, 2008
DESCRIPTION: 1971 aerial
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AUDUBON VILLAGES
CARTERET COUNTY, NC
DATE: January 26, 2008
DESCRIPTION: 1980 aerial
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APPENDIX E - SITE PHOTOGRAPHS
AUDUBON VILLAGES
CARTERET COUNTY, NC
DATE: April 18, 2008 KELLER ENVIRONMENTAL PROJECT NUMBER: 0669
SITE LOCATION: Harkers Island Road
PHOTOGRAPH NUMBER:
1

COMMENTS:
Northern view of Tract 2 and
Harkers Island Road below
south property line. View of
highway businesses,
including Outer Banks Boat
Harbor Retailer & Repair
Shop to left. Isolated pine
tree area at rear center is
Parker Tract.
PHOTOGRAPH NUMBER:
2
COMMENTS:
Northern view of Tract 2 and
from southeast property
corner.
r
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AUDUBON VILLAGES
CARTERET COUNTY, NC
DATE: April 18, 2008 1 KELLER ENVIRONMENTAL PROJECT NUMBER: 0669
SITE LOCATION: Harkers Island Road
PHOTOGRAPH NUMBER
3
COMMENTS:
Northwest view of Tract 2
from Harkers Island Road
near proposed Access Road
2. Tall Pines in right side of
photograph is southwest
corner of Parker Tract. Tall
Hardwoods in rear are
located along west property
line.
PHOTOGRAPH NUMBER:
4
COMMENTS:
Southwest view of Tract 2
from Harkers Island Road
near proposed Access Road
2. Buildings seen in left side
of photograph are located
behind Outer Banks Boat
Harbor.

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AUDUBON VILLAGES
CARTERET COUNTY, NC
DATE: April 18, 2008 KELLER ENVIRONMENTAL PROJECT NUMBER: 0669
SITE LOCATION: Harkers Island Road
PHOTOGRAPH NUMBER:
5,
COMMENTS:
Southern view of Island Road
Southern Baptist Church,
Harkers Island Road, Tract 2
north property area, and
Parker Tract.
PHOTOGRAPH NUMBER:
6
COMMENTS:
Northwest view of Tract 1
from east property line behind
Island Road Southern Baptist
Church. Goose Bay Mobile
Home Park is visible at rear
center of photograph.
Appendix F - Real Estate Market Analysis
Appendix G - Wetland Mitigation
NCEEP Mitigation Acceptance Letter
October 28, 2008
Nils Ladenburg
Audubon Village, LLC
4628 N. Croatan Hwy
Kitty Hawk, NC 27949 Expiration of Acceptance: August 28, 2009
Project: Audubon Villages County: Carteret
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of
the issued 404 Permit/401 CertificatioiVCAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice
will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized
work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
followina table.
White Oak
03020106 Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impacts 0 0 0 0 5.47 0 0 0
Credits 0 0 0 0 5.47 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at [phone].
Sincerely,
Willia )D . Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Mickey Sugg, USACE-Wilmington
Chad Coburn, NCDWQ-Wilmington
Jay Keller, agent
File
Katoru t" ow state.,
MA
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.neeep.net
Appendix H - Adjacent Property Owners
Map & Property Information

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Appendix I - Regulatory Letters
NCDWQ May 22, 2008 Letter
May 23, 2008 NCDCM Consistency Letter
June 19, 2008 NCWRC Letter
September 25, 2008 COE Letter
B,lay 27 09 04.03p
p.1
nF +,tJAt. jchael F Las'ey. Governor
G?v ' ??G thuiam G Rms ;:., Secretary
Uj Nonh C'areiina Depart-mew of Envi;onment and Natural Rcsru7cts
C'u)crn li Sullins, LltrcCter
Div:lion of water Qaality
May 22, 2008
Carteret County
DWQ Project 08-0859
CERTIFIED f`IJ-i RLi URN RECEIPT KEQt; :STED
Mr Nils Laden u.g
4628 N Criatan Hwy
Kitty Hawk, h -tl Carolina 27449
Subject Propert ,: Audubon Village
Dear Mr, Lade b' rg:
On Mav 22, 008, the TIC Division of Water Quality (DWQ) received a copy of the Corps of Er gir.e rs Public Notice for
this project. A. 1 dividua] 404 Permit will be required for this project. Please note that the following mrlst be received prior to
issuance of a ? 1 Vater Quality Certification:
I The 401 Certification cannot be processed until five (5) complete sets of the application and associated maps is received
at the DW entral Office in Raleigh along with the appropriate fee. Instead of t)roviding five (5) copies of full size
plans, plea e rovide two i;2) copies (fu'.I size) along with three (3) copies of ; ix I '. Also provide r.c (1) data CD of
full size pkn in TIFF Group 4 format (black/white, rot grtyscalc or color)
Application f !e: please note that the N.C. General Assembly approved an increase for application fees for all reoulator:
prog,rams a r,linlstered by D- %VQ, effective July I, 2007. The fee tor applications is now 3240 for projecs impacting less
than an act f wetland and less than 150 linear feet of stream; (whether intermittent or perennial) For projects
inipactfng n or more acres of wetland or 150 linear feet of streams (whether intermittent or acrenrnal , the fee is S57M.
Until the info oration requested in this le'ter is provided, l will request (by copy of this layer) that t'le Cot-ps of Engineers
place his proje : m hold. Also, this project will be plz:cd on held for our processing due to incomplete information (15A
\CAC 2H .050r+').
Thank yo fir your attention. If you have any questions, please contact Ian NlcA1 i.Ian or -ne in our Central Ottice
Raleigh at (919 ? 3 1786.
1
Sin rely. !
C,vndi Karoly, Superv,;or
J t?t 401 Oversight/"Express Permitting Uni:
CBKJiid V
cc: Corps of r. •inecrs Wilmington Regulator: Field Office
Joanne Ste h,iis, DAVQ Wilmington Regional Office
File Copy
Central File
UNi?54!1.:du!w.7?l;la~e(t:an:rel) IP Hold Sets I«
ISM
Nor,^Catoti-, a
ljllf!l1ii4
Nrrih C:arM;na Di s1 n 0rtYater Qualnp :617 Moil Service Center Raleigh, NC 2 7699-161 1 ?honc (919) 733.503
Intornct ++wrrr ° qu 6-i: c, Locallor. 512 to Snhsburn St. Raleigh. NC 276(N "ax (515,'33.9612
Cus'a ,cr Servic,
1 877.623-5748
Al Equal Ocponurtty AKrrna:ieC ACtion Em layer-50'4 Real adl'r6 PoSi Cxis_rre, P-ter
May 77 OR C4:03c
r-'liriael F
ii
i (.2
i
A
k CDER
North Carolina Department of Environment arld Natural Resources
Division of Coastal Management
a ey. Gaver?a James H. Gregson, Director Jvaliar) G.'{asy r., sEC,e art
Mai 23. 2008
Nils Lad
4628 No
Kitty Ha
Jig
roatali Hid lLwaY
N(' 2T1)49
Dear ?Or!?Usx k:nbwt;.
T he t:io•sl Uf C;etaM 1 , nagernent (DC .M) received a copy of a US Army Corps of Ez'ginocrs %bhc
Nmice t {jf-ps Action IN 2008-0 521). Based on the description of the proposed project contained in
the tbrp' (Piit)iic Notice, the project iYppears to reguir: comsisttnq rt.vic* frorn the Divi),iun of Coastal
NAanages )c,li.t (DC NI) belcre the project may be irnoerriente& However, please note that cons' isterncy
rk:Viv x % jol f.ll l not be the. appropnate font of approval if any jwboil of your prej>osed prr,.jcc.± occurs
wilhir. art) , rea of Environmental Coilcevi (AEC) and qualifies +s de?elopnlent. In that rcurtstall ce,
pursuai+ditr, Section i i3P. i i 8 or die coastal Area Management :Aci., a CA M,,\ permit would by requirad
txaitn ?4ar::cuuid iniii4te ±cntr.l>riijec'..
Attached 4 dhis leper is a. brochure that provides rrplid::nce on carrtpl;'trno, cvitl't the collsioter?cy
:Cr oRc-Od pcess. Addilt albq pkaw v1StL XCI? W t e consi ten: y webpage located at
Since its eater an attrt,4lied brochure ave a Synopsis of the consistency prO,cs.5 You may )avQ nurrtcrous
question Please do not hesitate to contact ate at.252-808-28+08 for addinoslai guidance on cornplying
with the sr(„ quiretnettts of be consistency ccnification process. ! lock forward to working with you oil this
vlop osr i ?Ypj,?!tt. 'Pharr!, you for your consideration of he North Coroli)ia Comm Manapment Pto nwn.
Sir,c:crcl
~..„
Swphell R wts, ,AICP
Fr<IcraI ':Onsistency Coordinator
I.Yi{i,h 1iir:ictt. Oiti•??irn of { Cwhj Manity;CMwd
Ic r. a?trc r flivi on >fCoaml Mantgthntnt
Arm) C Xp. h` f rtfincsra
v^ ,+ t)unn, tie tivttu::;¢ R?ur4c: G+arimES9ia„
C '„1 krroly, Divi'ic.lt o- 1k'alo Qua'ity
400 Commerce Avenue, Morehead City, Norln Cafotina. 28557.3421
252-808.2808', FAX [phone] lnternet: %sv"i.nccoastaiminagerrent..let
qr Fqua! OPNruwy% hliiimativE ?i?tr Enp a; e: r 604. Ravi lec t 10'A Prs? Cansv ! PIPOi
t0ay 27 M 04MP
The N.C. Di
letter and a
16 CFR 930
p.?
of Coasta' Management (DCN,) recommends a hvo-part submission consisting of a cover
orting document that. contains the information req,;,red by 15 CFR 930.58, The text of
rattavned for reference
C!Ova- getter {T{Pe cover 'ette:^ should state the purpose of the 'letter (a recuest for concurrence from DCM of
the applicants{!c: nsistency certifcation) and then briefly describe the proposed project, its location., the type
of Federal perr#,it or license that has been applied for, a statement that the applicant has reviewed the State's
craastel progravt {citing specific policies as appropriate}, a state:?meni that the proposed activity is consistent
with the State ? Xastal management program and will be conducted in a manner consistent with the prograrn
(see "betow), art'd is statement referring to the supporting domment for more detail.
Pursuant of 15!C -R 930.557(b), the rover tatter must include the phrase: "The p,'OpdSed activity cOfiplieS vrrth
the cnforceablr ybalicies of Norttl Carofirra's approved manargerrient program and will by conducted in a
manner rpr? ?.s t? r with such prog.rram."
In the event th pplicant is Using a consultant as a poitnt of contact, the cover letter should designate the.
consu,tant as k Mhorize?d representative.
S, uP artin Ocument: The supporting document should present the information required by
15 CPR 930, nd should provides DCM with the data and analysis needed to document that the proposed
project will be tsi tent with the State's coastal management program DCM recommends that the State's
coastal progra i be reviewed and that the project's connpltanae with specific policies be evaluated. For
example, 15A GAC 07M MOO reiates to the protraction of water duality. The applicant must explain, as
applicable, ho\ he proposed project has been sited and designed to avoid anchor minimize any aciverse
arnpacis to water uality. Tire applicant should also describe how any unavo:dabe adverse impacts would be
arnelimated. Tr ' le MaXIMLIM extent practical, adverse impacts to coastal resources and coastal uses rrust
be avoided. imPr is that cannot be avoided must be minimized ar (I mit;;iatsd.
Areas of niron-ment.a_ l . Concern: Section '113A-1 ;3 of the Coasta, Area Management Act (CAMA)
defines"Ar} s or Environmental Cancerri' (AEGs}, The proposed project's relationship to are AEC is
irnportant for ` termining the type of project review that DWI will conduct. DCM will review proposed
devei,oprretit?n a coasta: county that is ;auts9dc, of ar AEC and requires a Federal permit through the
consistency 1. rocess. However, shoaid any portion of the proposed development occur wifhi an AEC,
than a CA A, permit wooid be required instead. The supporting document rnust evaluate whether any of
the proposed development would occur within an AEC to determine whether the consistency process
would be thb appropriate form of OCh" review,
Other Statt_ ermits: The supporting document should discass otf-er State permits that the proposed
developrne t' may require, including the status of the permit applications. DCM suggests that any
required. St t permits be obtained, if possible, by the applicant prier to initiating the consistency review
process anal What any issued permits be included as part of the supporting document. Addressing other
State, pen-W.; :a at the consistency stage `minimizes the potential for .fate hits" in the review process and,
aides the a, ,o icant in demonstrating implied conformance with the State's coastal management program.
hnvtronme # I ocurnent%: t` the proposed project requires tt.,a preparation of an envirorlmentta
document, I ri he used as the "Supporting Document- provided t'tat it contains all ,he information
required by i1'•., CFR 930.53.
Page: 2 of 2

May 27 tab 044 0:3p
pA
R levant Sections of 45 C FR 930
Version of January 2007
hav) been reformatted' and portions have been cmj79d, tneretorcr they are unoftictiaf.
Go to http.llwww.gpoacce5s.govlrfrrrnc4e.x. htmI for this official version.)
910, ONSH9 FNC.Y Cj,.R.T'.IFII A7'IONS,,
(a) Fglllblwing appropruite coordiaation.andcoo1wrationi with the Svc aacacy, ill applicants for
r i 'red federal licenses or peruas subject to State agency revie+ty sh.aal provide in the application
!-
t5'ant . federal iicrnsing or pet-nrtting agency a certifcatinn that true proposed »eti?.'ity complies wrirFt
a nll be conducted in a manne consistent with the managetnerit program. rat the sain time the
shall t;;xvista to the Slate agency a copy of the certification and necessary data and
!n it ation.
{b) Tl'p applicant's consistency cer;if cation shall be in the fotiowiag: fomn, "The proposed uctivity
ct , Vies with zke errfarceable policies of (name of State) approved management program and w+ifl
be; :,ltnducred in a rna.nner conslsrerrr with such program."
930,
(:i>
(?
('b) A
(c)
f:CESSARY C3ATA AND INVORMATION.
applicant shall furnish the: State agency with necossary data nd i.nfon nation along with the
wency certification. Such inf6ritiation and datasha.ll include tho fdi.low;ng.
A copy of the application for rite federal license or permit and
(i) All materi;tl .relevant to a Statw`s max.ager em program provided to ;lie Federal agency
in support of the appi:cxt.ion; and
(ii) To the extent riot included in paragraphs (a)(,1) or (a)())(i) of Ois section, a detailed
description of the proposed activity, its zssociared facilities, the coastal effects, and any
other information relied upon by the applicant to mien its certification. Antis,
diagram, and teoh nical data shall be submitted when a Britten descriptior, alone uri11
not adequately describe the proposal;
mftnn nation specifically idcrtitied in the matnngertnetnt pro g,= as required necessary lord
and inforrmation for, an applicant's cousistency certification. The nnanagvncnt pro&Tarn as
originally approved or amended (jwrsuant to l5 C'FR part 923, subpart H) may de scribe data
and information necessary to assess the consistency of fedeml licensz or permit activiries_
Necessary data and hiformatiori may include completed State or local government permit
applicai.ions which are regpi ed for the proposed activity, but sha=.i not include The issued
State car local permirs, NMIA dvctirr a nts shall not be considered necessary data and
infortratihn when a Federal statute requires a Fcderai agcntc;y to initiate the CZNMA ieder3t
cor,•sistertcy review prior to ita completion of NFir.A. compliancc. States shall not require that
the consistetacy certification andior the uecessary dare and information be included in NEPA
doctuxn*nts. Rcgt:irtd date and information may atx include confidential and proprietary
relaters?; and
An evaluation that includes a set of findings relating the coastai effeu's of the prolxxsa! tend its
at son iated facilities to the reltwarr; enforceable policies of die marnagcment pre rritrn.
App4owits shall detnonstrale that the activity will be consivent u•itln the enforceable policies
of the managument program. Applicants shall demonstrate adequate consideration of policies
which are in the naturo of rect)m me nd.atiOrS, Applicants need not make findings with respect
,cn coastal effects for ti+hich the rranaFcn:ont prugram dons rot contain v tfnrcralile oz
recotr e ded policies,
e.req.uvstof the app icam, interesttd parties who have access to information and cults required
is section may provide the Stag agency with all or part of tat, rnate iel recuired, Furthermore,
request by t"hc applicant, the State agency snaL.provide assistance for dev'eiopisng the
anent anal fiadings required by this scetion.
sa6sfred that adequate protection agaiMl public disclosure cxists, applicants should provide
.ate al;e: ey with confidential and proprietaij, information which the Stacc agency maintains is
sary to make a roasoned decision on the consistency of the proposal. State agency rcqucsts for
Page; 3 of3
rn
i .. .L
l',,1ay 27 08 04.D3p
§9
(a)
§
(l
(b)

p,S
i
i
information must be related to the necessity of having, such information to assess adequately
trastal eff?ttx of the proposal
3Mli'SENCEMl' Yf OF STATIE.A`GENCY RE:VIF,aV,
Itate agency's six-month teview period (see § 930.62(a)) of ar. applicant's consistency
ication; beans or, the date the State agency receives the consistency certification required by
37 and all the necessary data and information ,cquircd by § 930.58(a).
IT an appiicant fails to submit a consistency certification; the State agency shall notify than
applicant vnd the Federal agency, within 30 days ofreceipt of the ittcornplete stibrtzission,tttat
a consistency certifluatitao satisfying, § 910.57 was not reotive.d and that the State agency's
six-month mviewv period will co,mnarnce. on the date of rec<.ipt ofthe cussing, certificatior,
subjoct to paragraph (a)(2) of thisscctioa.
If an.applic, nT faits to submit all. necessary data. and information acquired by § 930.55(a), the
Statc agency shall notify the applicant and the Federal agercy, witliin 30 days of receipt of
the incomplete siubrr?ission, that necessary data and import ation described in § 930.55(a) was
not received and that the State agency's six.-month review period will commence on tf ee date
of receipt of dic missing necessary data and infonnatioti, s?,bfect to the requirernent in
paragraph (a) of this section that the applicant has also siibtnitted a consistency cettificatioh,
The State agertcy rruiy ;naive the requirement in paragraph ±ap of this section that ai.l necessary.
data and information rlsscribed in § 930.5:.8(a) be submitted before ccmmencernent of the
State agency's six-month consistency review. In the event ofsuch a waiver; Bile requirements
of § 930.58(x) must be satisfied prior to the end of the six:.rnoath coosis-tency review period or
die state agency anay object to the consistency ceriitica*,i'on for insufficient information.
Withia 30 days of receipt of the consistency certification w)dJotr necessary data and
infonitadon that was deemed Trussing, pursuant lo- paragraphs (aX I) or (2) of th-.s section, the
Statz agency shall notify the applirant and Federal agency that tl a certification and accessary
data and rt£ormaticn acquired putumat to § 930.58 is complete, rho dale the oe, tification
and/or necessary data and information deemed rrussing was received, and, that the State
agency's consistency review commenced on the date of receipt. In the, event of a State
waivm under paragraph (a)(2) of this section, receipt of the necessary data and information
deeined missing shall not alter the date the consistency review period communcccl.
agencies wd applic.uits (and persons under subpart E of thl i part) stay mutually agree irk
ng to stay tine six-month consistency review period. Such ac agreement shall be in writing and
a specific date on when, the stay will end, ; be State agency shall provide a copy of the written
arrant to the federal agency and the Federal agency shall not presurne State agency
I -renee with art applicazu's consistency certification when such a written agrocment see stay the
bonth consistency r;°view period is in effect. The State agency shall riot stop, stay, or otherwise
the consistency review period without such a written agreement with the applicant.
State agency'. dctemrination that a certif:acaiion and mace-mart' data and information tinder
;rapit (a) of t!us section is cortaplete is not a substantive review of the adequacy of the
anation received. if sin applicant has subrtuned all necessary data and information required by
158, then a State 4gency's or Federal agency's asserttwit that the submitted information is
laniwely deficient, or, a State agency's or Federal agency's request for clarification of the
`oration provided, or information or data requwed that is in addition to that requ;red by
?3.Si3 shall not extend the date of commencement of State agency review,
9311th, : Ts11E hI:I::NCY CONCURRENCE WITH A C ONSI4"I:ENCY CERTIFICATION.
(a) ?a< c earliest practicable time, the State agency shall notify the federal agency and the applicant
A,, her the State agency concurs with or objects to a cons.istenc 3' certification. The State agency
a a't' issue as general concurtrtce for minor activities Uea§ 9`30.511(b)). Concurrence by the State
a e cy shall be conc:lusivcly presurned if the Stare agency's rasp )nsc is not received within site
i; is following comrncaccmcnt of State agency review
T'age: 4 of 4
I'51 6 h. Carolina Wildlife Resources Commission
MEMORI ANDvM
'I'ts: Mickey Su
Wihnih&A6n District, US Army Corps of 1 ngineers
I
A FRO : ? Maria T. Dunn, Northeast. Coastal Region Coordinator
habitat: Conservation Program
DATE: June 19, 2008
SUBJEC Corn.mants on the Public Notice for Nils l,adenburg (Audubon 'Village), Carteret County,
North Carolina.
Corps Aefton ID # 2008-01521
Biologists with the North Carolina Wildlife Resources Commission (Commission) reviewed the
public notice with regard to impacts of the project on fish and wildlife resources. The 226.88-acre project
site is lac ted in the Straits Community and. is bordered to the west by Crow Hill Road (SR 1333) to the
north by close flay Lane and is approximately 0.2 mile north of'the intersection with. Straits Road (SR
1.335)Tl?e tract is within the headwaters of a tributary to Whitehurst Crecy on the east side and South
Leopard Creek on the west. Our comments are provided in accordance with provisions of the Fish and
Wildlife ?,'txordination Act (48 Stat. 401, as amended; 161.1.S.C. 661 et. seq.) and the Clean Water Act of
1977 (as Ar4ended).
11k applicant proposes to develop the site into a, mixed residential area and commercial shopping;
center. 4 residential. area will be developed on Tract 1 (205.11-acres) and the commercial center on
'Tract 2 (21:77-acres). The request includes fill of approximately 5.47-acres of jurisdictional wetlands on
Tract 2 to thoilitate the construction of the buildings and parking lot. The applicant is proposing to
conipensatq for the wetland impacts by preserving, the remaining 3.95•-acres of wetlands on the property
and rnak i, lrayment to the NC Ecosystern F. nhancement Program at a 1:1 mitigation ration for 5.45-acres.
Whitehur - Creek. and. South :leopard Creek. are both classified SA HQW by the L,nvtronmenta.l
Manag,eit ebt Commission, are both designated Primary Nursery Areas (PNA) by the NC Division of
Marine Fisheries, and are open shellfish waters.
'116 Commission has :reviewed the public notice and is concerned with the lark of avoidance and
minim;aapon, of wetland impacts. The proposed impacts are concentrated on Tract 2, the commercial
developee gt portion of the parcel. At this time, no construction. has occurred on either Tract, therefore
design tn?)difications may be done to minimize wetland impacts through changes within Tract 2 alone or
by incorl otating sonic; area of Tract 1 into Tract 2. In addition to our concerns with regard to avoidance
lVlailirrg Address: Division of Inland Fisheries • 172.1 Mail Service Center R Raleigh, NC 2 7699-1721
Telephone: [phone] • Fax'. [phone]
June 19,2008
Nils LadenburAuduix-i Village i'a„e1.
USAC.1'_ # 2008.44 1521
and minimisation, the proposed mitigation ratios are inadequate. 'The project site and proposed wetland
fill is withsn Mie headwater systems of Whitehurst Creek and. South Leopard Creek. These two systems
are classif ,ed as high quality waters and are designated PNAs. Nursery areas are those areas in. which. for
reasons su6N as food, cover, bottom type, salinity, temperature, and. other factors, young fi:nf zsh and
crustacea:n,? spend the major portion of their initial growing season. Primary nursery areas are those areas
in the est4rine system where initial pos0arval development takes place. These are areas where
populations are uniformly early juveniles. Therefore, preservation and protection of these areas and their
watersheds are very important to fishery resources. Wetlands provide vital buffers to these areas, even
thought thtry' have been recently logged. Therefore, we feel the design of this project should be
reevaluated. to significantly reduce wetland impacts and overall m1ni.mize impacts to Whitehurst Creek.
and Soutfl l.?opard Creek from this development.
i
Wi ppreciate the opportunity to review and comment on this public notice and look for-ward to
future correspondence to discuss project changes. If you have comments, questions, or concerns, please
contact zn.,at_(252) 918-•3916._
cc: -Karol, C. -- NC Division of Water Quality
Murphey, T. -- NC Division. of Marine Fisheries
.-e DEPARTMENT OF THE ARMY
t
'TON DISTRICT, CORPS OF ENGINEERS
WiLMIN(
P.O. BOX 18"
! WTL M1NGTON.NORTH CAROLINA 28402-1890
{
1i?r. TO
errs. rnouar: September 25, 2008
Rec,ulato Division
Action lT ,. i2008-01521
Nils Lad6nburg
4628 N Crba.tan Hwy
Kitty Hai 4, North. Carolina 27349
Dear. Ladeiburg:
Pleai elreference your application for Department of the Army (DA) authorization to
dischargd f ill material into 5.47 acres of jurisdictional wetlands within a 226.88-acre mixed
residentidl. and commercial development, known as Audubon. Village, located between on the
west side &Harkers Island Road (SR 1332), within the headwaters of a tributary to Whitehurst
Creek, and South Leopard Creek, in Straits Community, Carteret County, North Carolina.
In respionse to your proposal, our office has received comments (copy enclosed) from the
North Ca olina Wildlife Resource Commission (.NC WRQ by e-mail dated June 19, 2008, The
comment were e-mailed to. your consultant`s, Messrs. Gavin Davis of FDA. and Jay Keller of
Keller Frivironmen.ta.l, on July 31, 2008. As disclosed in their letter, the NC WRC recommended
that forth' , avoidance, minimization, and mitigation be reevaluated prior to any DA
authorizati6n. It is their position that the project can be redesigned to avoid and minimize
impacts tb Wetlands; and that the proposed mitigation ratio is inadequate due to the high. quality
of receiv 4 waters of W.hitellUr•st Creek and South Leopard Creek, which are designated
Primary NmArsery Areas.
It is the policy of the DA. to provide an applicant the opportunity to furnish a proposed.
r•esolutiom. br rebuttal to all objections from government agencies and. the public before a final
decision is made on a proposed project. In this regard, I would appreciate receiving; any
comments hat you have on this matter. 'If you intend to comment, please give your immediate
attention lb this matter, so processing of your permit modification can be expedited..
-2-
If you lave questions or- comments, please contact me at [phone], Wilmington
Regulatory Field Office, and I will assist you in coordinating with the review agencies.
Sincerely,
1
Copies Fur?,,iished (with enclosures):
I
Mr, Gavin Pavis
EDA pa
4141? .Parklake Avemic, Suite 300
IM ""eigh, NorthCarolina 2761.2
r. Jay Ke!iler
Keller Environmental
7921. I-laynjarket Zane
Raleigh, North Carolina 27615
Copies Furnished (without enclosure):
Ms. Maria Tripp
North Carolina Wildlife Resource Commission
94:3 Wasinggtojl. Square-NIMI
W ashinQto.th, North Carolina 27889
Mickey Sugg, Project Manager
Wilmington Regulatory Field Office