20060930 Ver 4_401 Application_20090309

L M G M9 - 0° 3o
LAND MANAGEMENT GROUP INC.
Environmental Consultants, ?NIP
March 25, 2009 1L9ULgflV@1
TO: Mr. Chad Coburn MAC 3 r 2009
NC Division of Water Quality DDFARR-WATER QUAU
127 Cardinal Drive Extension ORMWA*TM
Wilmington, NC 28405
RE: 401 Water Quality Certification/NWP 29 Application
Autumn Hall Town Center; New Hanover County, NC
DWQ Project# 06-0930
Dear Chad:
Enclosed is a 401 Water Quality Certification/Nationwide Permit 29 Application for your review.
This application is submitted on behalf of Autumn Hall Incorporated for the Autumn Hall Town Center in
Wilmington, NC. The applicant is proposing to construct a mixed-use development with 281 single-
family lots, 33 townhomes, and a town center with offices, retail stores, condominiums, and a hotel. A
NWP 39 was obtained in 2007 for permanent impacts to 0.115 acre of wetlands and 147 LF of stream. and
temporary impacts to 0.021 acre of wetlands and 154 LF of stream. While some crossings have been
constructed, the permit expired prior to project completion. Additionally, the site plan has recently been
modified and some proposed impacts and mitigation activities have changed. The applicant now proposes
permanent impacts to 0.115 acre of wetlands and 187 LF of stream and temporary impacts to 0.021 acre
of wetlands and 61 LF of stream. To mitigate for these activities, 174 linear feet of stream will be restored
on site. Additionally, the applicant has already preserved remaining wetlands and streams on site and
bought into the NC Ecosystem Enhancement Program for the restoration of 68 LF of stream.
Please review this revised permit application and contact me if you have any questions. Thank
you for your assistance with this project.
Sincerely, ?}(
K Williams
Wetland Scientist
Encl.
Cc: Mr. Raiford Trask, Autumn Hall Incorporated
Mr. John Tunstall, Norris, Kuske, and Tunstall
Ms. Emily Hughes, ACOE
Mr. Ian McMillan, DWQ
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 9 P.O. Box 2522, Wilmington, NC 28402
? ? ?, ?
1 ,•
AI?LMG
LAND MANAGEMENT GROUP irc.
Environmental Consultants
March 25, 2009
TO: Ms. Emily Hughes
U.S. Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
RE: NWP 29 Application for Autumn Hall Town Center; New Hanover County, NC
Action ID# SAW-2006040204-065
Dear Emily:
Enclosed is a Nationwide Permit 29 Application for your review. This application is submitted on
behalf of Autumn Hall Incorporated for the Autumn Hall Town Center in Wilmington, NC. The applicant
is proposing to construct a mixed-use development with 281 single-family lots, 33 townhomes, and a
town center with offices, retail stores, condominiums, and a hotel. A NWP 39 was obtained in 2007 for
permanent impacts to 0.115 acre of wetlands and 147 LF of stream and temporary impacts to 0.021 acre
of wetlands and 154 LF of stream. While some crossings have been constructed, the permit expired prior
to project completion. Additionally, the site plan has recently been modified and some proposed impacts
and mitigation activities have changed. The applicant now proposes permanent impacts to 0.115 acre of
wetlands and 187 LF of stream and temporary impacts to 0.021 acre of wetlands and 61 LF of stream. To
mitigate for these activities, 174 linear feet of stream will be restored on site. Additionally, the applicant
has already preserved remaining wetlands and streams on site and bought into the NC Ecosystem
Enhancement Program for the restoration of 68 LF of stream.
Please review this revised permit application and contact me if you have any questions. Thank
you for your assistance with this project.
Sincerely,
Kim Williams
Wetland Scientist
Encl.
Cc: Mr. Raiford Trask, Autumn Hall Incorporated
Mr. John Tunstall, Norris, Kuske, and Tunstall
Mr. Chad Coburn, DWQ
Mr. Ian McMillan, DWQ
www.Im-roup.net • info@,Imgroup.net • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402
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Office Use Only:
Corps action ?D no.
DWQ project no.0 " POGO V
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
x
1. Processing
1 a. Type(s) of approval sought from the

Corps:
® Section 404 Permit ? Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number:29 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ? Yes ® No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1 e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ALREADY PAID ® Yes ? No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below. ® Yes ? No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Autumn Hall
2b. County: New Hanover
2c. Nearest municipality / town: Wilmington
2d. Subdivision name: Autumn Hall
2e. NCDOT only, T.I.P. or state
project no: N/A
3. Owner Information
3a. Name(s) on Recorded Deed: Autumn Hall Inc.; D. Webster Trask Etal.
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable): Mr. Raiford Trask
3d. Street address: 1202 Eastwood Road
3e. City, state, zip: Wilmington, NC 28403
3f. Telephone no.: [phone]
3g. Fax no.:
3h. Email address:
Page 1 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ? Other, specify: Owner
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Kim Williams
5b. Business name
(if applicable): Land Management Group, Inc.
5c. Street address: 3805 Wrightsville Avenue, Suite 15
5d. City, state, zip: Wilmington, NC 28403
5e. Telephone no.: [phone]
5f. Fax no.: [phone]
5g. Email address: [e-mail]
Page 2 of 11
B. Project Information and Prior Project History
1. Property Identification
R05000-004-003-000; R05000-004-004-000; R05000-
Property identification no. (tax PIN or parcel ID):
1 a 004-005-000; R05000-004-006-000; R05000-004-007-
. 000; R05000-004-008-000; R05000-004-009-000;
R05000-004-010-000; R05000-004-011-000
1 b. Site coordinates (in decimal degrees): Latitude: 34.2349 Longitude: 77.8507
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: 235.95 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to UT to Bradley Creek
proposed project:
2b. Water Quality Classification of nearest receiving water: SC
2c. River basin: Cape Fear River Basin
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The site was formerly the Duck Haven Golf Course and is mostly cleared. Several roads and homes have already been
built throughout the site. Development in the vicinity of the project area is residential, commercial, or undeveloped.
3b. List the total estimated acreage of all existing wetlands on the property:
10.85 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
--4700 linear feet
3d. Explain the purpose of the proposed project:
The proposed work is required to provide access to lots throughout the site.
3e. Describe the overall project in detail, including the type of equipment to be used:
This project will consist of a mixed use development with 281 single-family lots, 33 townhomes, and a town center
with offices, retail stores, condominiums, and a hotel. The applicant will initially complete grading. Planned roads
and stormwater conveyances will be constructed. Infrastructure such as water will then be installed. Finally, lots will
be sold for individual development. Much of this development is underway.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the

/
Corps or State been requested or obtained for this property
project (including all prior phases) in the past? ® Yes ? No ? Unknown
Comments: Jennifer Frye of the USACE signed the
wetland survey on July 22, 2004 (Action ID# 200300553).
4b. If the Corps made the jurisdictional determination, what type
? Preliminary ®Final
of determination was made?

4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:

Name (if known): Paul Farley Land Management Group, Inc.
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
ACOE: July 22, 2004
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
Project Information and Prior Project History
5. Project History
5a. Have permits or certifications been requested or obtained for ® Yes ? No ? Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
A NWP 39 was issued on 2/20/07 and a 401 WQC was issued on 12/13/06 for permanent impacts to 0.115 acre of
wetlands and 147 LF of stream and temporary impacts to 0.021 acre of wetlands and 154 LF of stream. While some
crossings have been constructed, the permit expired prior to project completion. Additionally, the site plan has recently
been modified and some proposed impacts have changed.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
N/A
Page 4 of 11
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact Type of jurisdiction
number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Permanent (P) or (if known) DWQ - non-404, other) (acres)
Temporary T
W1 ® P ? T Road and Utility
Crossing 404 Freshwater ® Yes
? No ® Corps
® DWQ .115
W2 ? P ® T Excavation for
Utility Installation 404 Freshwater ® Yes
? No ® Corps
® DWQ .021
? Yes ? Corps
W3 ? P ? T ? No ? DWQ
? Yes ? Corps
W4 ? P ? T ? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
? Yes ? Corps
W6 ? P ? T ? No ? DWQ
2g. Total wetland impacts .136 acres
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact
number - (PER) or (Corps - 404, 10 stream length
Permanent (P) or intermittent DWQ - non-404, width (linear
Temporary (T) (I NT)? other) (feet) feet)
S1 ®P ? T Road UT to Bradley ® PER ® Corps -10 147
Crossing/Culvert Creek ? INT ® DWQ (installed)
S2 ? P ®T Utility Crossing UT to Bradley
Creek ® PER
? INT ® Corps
® DWQ --10 15
S3 ? P ®T Culvert UT to Bradley ® PER ® Corps _10 46
Maintenance Creek ? INT ® DWQ (installed)
S4 ® P ? T Road UT to Bradley ® PER ® Corps --10 40
Crossing/Culvert Creek ? INT ® DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts 248
3i. Comments: Project comprises of 187 LF of permanent stream impacts and 61 LF of temporary stream impacts.
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all open water impacts below. N/A
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
03 ?P?T
04 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1 N/A
P2
5f. Total N/A
5g. Comments: Applicant has a stormwater permit for all constructed and proposed stormwater ponds.
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres): N/A
5j. Size of pond watershed (acres): N/A
5k. Method of construction: Excavation of upland acreage
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form. NIA
6a.
Project is in which protected basin?
6b. 6c. 6d.
Buffer impact
number - Reason
Permanent(P)or for
Temporary (T) impact
B1 ?P?T
B2 ?P?T
B3 ?P?T
6i. Comments:
? Neuse ? Tar-Pamlico ? Other:
? Catawba ? Randleman
6e. 6f. 6g.
Buffer
Stream name mitigation
required?
? Yes
? No
? Yes
? No
? Yes
? No
6h. Total buffer impacts
Zone 1 impact Zone 2 impact
(square feet) (square feet)
Page 6 of 11
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The applicant has taken great care in the site design in order to minimize impacts to 404 wetlands and streams.
However, the tip of a wetland finger (Impact #1) will be disturbed by the side slopes of a proposed road. Another
wetland area (#2) will be temporarily impacted from the installation of a storm drain. Three stream crossings are
needed. Stream impact #1 has already been constructed and was needed to tie the subdivision into Clear Run
Drive, as required by the City. This crossing was relatively long (147 LF) because of the irregular shape of the
property boundary in this area and the need to maintain proper road curvature. Stream impact #2 is a 15' temporary
impact needed to install a storm drain. Stream impact #3 has already been installed and replaced an existing
culvert off of Clear Run Drive, as required by the City. Please note that the site plan has been redesigned from the
original permit application and minimizes proposed stream impacts by 53 LF.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction will include a series of silt fences around wetland/stream areas to control sediment erosion.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ® Yes ? No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ® DWQ ® Corps
? Mitigation bank
2c. If yes, which mitigation option will be used for this
®Payment to in-lieu fee program
project?
pro
® Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: N/A
3b. Credits Purchased (attach receipt and letter) Type Quantity
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ® Yes Already Paid
4b. Stream mitigation requested: 68 linear feet
4c. If using stream mitigation, stream temperature: ® warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): N/A square feet
4e. Riparian wetland mitigation requested: N/A acres
4f. Non-riparian wetland mitigation requested: N/A acres
4g. Coastal (tidal) wetland mitigation requested: N/A acres
4h. Comments: The applicant has already paid into the EEP for the restoration of 68 LF of stream. This was a condition
of the previous Nationwide Permit. Remaining wetlands and streams have also been preserved as required by the
NWP.
5. Complete if Using a Permittee Responsible Mitigation Plan
Page 7 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
The applicant was originally supposed to restore 79 LF of stream on site, but this has not occurred. Instead, the site
design has been revised to reduce overall stream impacts and the applicant now proposes to restore 174 LF of stream on
site by removing an existing culvert and excavating a new channel. Vegetation will be planted along the stream's banks.
Please see attached plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes ® No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
1 6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 11
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
? Yes ? No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 68%
2b. Does this project require a Stormwater Management Plan? ® Yes ? No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
A stormwater permit has been obtained by Norris, Kuske, and Tunstall.
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ® DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
? Phase II
? NSW
3b. Which of the following locally-implemented stormwater management programs ? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
® Coastal counties
? HQW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply): ? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
? Yes ® No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 9 of 11
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
? Yes ? No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ? Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
This project will not provide access to surrounding development. Remaining wetlands and streams have been preserved.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
The applicant proposes to tie into existing public utilities.
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ® Yes ? No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
F-1 Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
The NC Natural Heritage Program GIS layer was used to determine the presence of federally listed species. According to
their database, several rare species are known to occur near the project area, but not within it. Also, most sightings are
historic.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Site does not contain estuarine habitat that would be suitable for federally-managed species.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
The National Trust for Historic Preservation website mapping resource was used to determine the presence of cultural
resources.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? The NC Floodplain Mapping Information System
website was used to determine the boundaries of the 100-year floodplain.
Kim Williams 31 2?,lo

Applicant/Agent's Printed Name
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 11

AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Land Management Group, Inc. to act
as our agent in the preparation and representation of information related to the
permit application for the Autumn Hall Subdivision located in New Hanover
County, NC. All questions in regards to this project should be directed to Land
Management Group, Inc.
Sincerely,
Date
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Autumn Hall Town Center Land Management Group, Inc.
Autumn Hall Inc. Environmental Consultants Figure 2
New Hanover County, NC Wilmington, N.C. USGS Topgraphic Map
March 2009
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Autumn Hall Town Center Land Management Group, Inc.
Autumn Hall Inc. Environmental Consultants Figure 3
New Hanover County, NC Wilmington, N.C. Soils Map
March 2009
*Boundar ies are approximate and are SITE
not meant to be absolute.
Map Source: 1998 NAPP aerial photography SCALE 1" = 800'
Autumn Hall Town Center Land Management Group, Inc.
Autumn Hall Inc. Environmental Consultants Figure 4
New Hanover County, NC Wilmington, N.C. Aerial Photograph
March 2009
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W A 7-
O?OF Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

CD -? Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 060930
New Hanover County
December 13, 2006
Mr. Raiford Trask
Autun-?n Hall Incorporated
1202 Eastwood Road
Wilmington, NC 28403
Subject: General 401 Water Quality Certification #3402
Autumn Hall Town Center
Dear Mr. Trask
The Wilmington Regional Office received your Pre Construction Notification application for a 401 Water Quality
Certification for the subject project on June 5, 2006, and DWQ received additional information on September 21
and October 16, 2006. You are proposing to permanently impact 0.13 acres of jurisdictional wetlands and 147
linear feet of stream for the purpose of constructing a mixed-use development. You are authorized to proceed
with your project as proposed under General Water Quality Certification (WQC) # 3402 (enclosed). This
Certification allows you to use the US Army Corps of Engineers' (USACE) Nationwide Permit 39 when the
USACE issues it. Further written concurrence from the Division of Water Quality (DWQ) is not required
provided that you can meet all of the conditions of the General Water Quality Certification.
If at anytime during construction of your project you determine that you cannot meet these conditions or if there
are any additional impacts to wetlands or water quality not described in your application, you must contact
this office immediately.
If you have any questions concerning this matter, please do not hesitate to call meat (910)-796-7379.
Sincerely,
Jy
Noelle Lutheran
Environmental Specialist III
cc: Kim Williams, Land Mangement Group
John Tunstall, Norris , Kuske, and Tunstall Consulting Engineers
Jennifer Frye, USACE Wilmington
Stephen Rynas, DCM Morehead
Ian McMillan, DWQ 401 Oversight Unit
Central Files
WiRO
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone [phone] Customer Servicel-877-623-6748
Wilmington Regional Office Wilmington, NC 28405-3845 FAX [phone] Internet: www.ncwaterquality.org One
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper NorthCarolina
Natural&
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2006-40204-065 County: New Hanover USGS Quad: Wrightsville Beach
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Autumn Hall Incorporated
Address: Attn: Mr. Raiford Trask
1051 Military Cutoff Road, Suite 200
Wilmington, North Carolina 28405
Telephone No.: 910-332-4114
Size and location of property (water body, road name/number, town, etc.): The 235.95 acre tract is located along the
southside of Eastwood Road (US 74), between Cardinal Drive South and Rogersville Road, in wetlands adjacent to
unnamed tributary to Bradley Creek, in Wilmington, North Carolina.
Description of projects area and activity: Excavation of and discharge of fill material into 147 linear feet of stream
channel and 0115 acres of riparian wetlands as well as the temporary impacts to 154 linear feet of stream channel
and 0.021 acres of riparian wetlands, for the purpose of constructing the infrastructure for the proposed Autumn
Hall Town Center mixed-use development.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified,
reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a
public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the
date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or
revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the
expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid
until the expiration date identified below, provided it complies with all new and/or modified terms and conditions. The District
Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization
under any NWP.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Jennifer Frye at 910-251-4923.
Corps Regulatory Official , - Date: 02/20/2007
Expiration Date of Verification: 03/18/2007
Page 1 of 5

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit http://www.saw.usace.army.mil/WETLANDS/index.htm] to
complete the survey online.
Copy Furnished:
Kim Williams, Land Management Group, Inc., PO Box 2522, Wilmington, NC 28402
Noelle Lutheran, DENR-DWQ, WiRO, 127 Cardinal Drive Ext., Wilmington, NC 28405
Page 2 of 5
Action ID Number: SAW-2006-40204-065 County:New Hanover
Permittee:, Autumn Hall Incorporated
Date Permit Issued: 2/20/2007
Project Manager: Jennifer Frye
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
WILMINGTON REGULATORY FIELD OFFICE
POST OFFICE BOX 1890
WILMINGTON, NORTH CAROLINA 28402
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. If you fail to comply with this permit you are subject to permit suspension,
modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date
Page 3 of 5
Action ID # SAW-2006-40205-065
SPECIAL CONDITIONS:
1) In order to compensate for impacts to 68 linear feet of warm water stream channel and 0.115 acres of
riparian wetlands, the permittee shall make payment to the North Carolina Ecosystem Enhancement
Program (NC EEP) in the amount determined by the NC EEP, sufficient to perform the restoration of 68
linear feet of warm water stream channel and 0.115 acres of riparian wetlands in the Cape Fear River
Basin, Cataloging Unit 03030005.
Construction within jurisdictional areas on the property shall begin only after the permittee has made
full payment to the NC EEP and provided a copy of the payment documentation to the Corps, and the
NC EEP has provided written confirmation to the Corps that it agrees to accept responsibility for the
mitigation work required, in compliance with the MOU between the North Carolina Department of
Environment and Natural Resources and the United States Army Corps of Engineers, Wilmington
District, dated November 4, 1998.
2) The on-site stream restoration will be completed as described in the Restoration Plan: Autumn Hall
Town Center dated February 2007 (attached). The permittee will complete all restoration activities and
vegetation plantings in accordance with this plan within 30 calendar days of performing the authorized
jurisdictional impacts and fully implement the specified monitoring plan in accordance with the plan,
permit conditions and success criteria. If any of the success criteria are not met after three years, the
permittee shall submit to the Corps a determination as to the corrective action to be taken.
Annual monitoring reports will be provided to the Corps on or before April 30th of each year until the
success criteria have been met to the satisfaction of the Corps.
3) The Permittee shall execute and cause to be recorded in the New Hanover County Register of
Deeds the Declaration of Covenants for Conservation Areas (attached) for the purpose of
maintaining the preservation areas, as shown on the Wetland Preservation Map of Autumn Hall,
Inc. prepared by Arnold W. Carson, PLS, PC (also attached), in their natural and mitigated state
in perpetuity, prior to the sale or conveyance of any lots or other property within the subdivision.
The above-mentioned Map must also be recorded with the New Hanover County Register of
Deeds at the same time the Declaration is recorded. No person or entity shall fill, grade,
excavate, or perform any other land disturbing activities; nor construct any structures, nor allow
animal grazing or watering or any other agricultural use on such conservation areas, except as
allowed in the Declaration. The permittee shall enforce the terms of the Declaration, and, prior to
conveyance of the property, shall take no action on the property described in the Declaration
inconsistent with the terms thereof. The permittee shall provide a copy of the recorded
Declaration to the Corps of Engineers within 15 days of recording.
These provisions relating to the preservation areas cannot be amended or modified without the express
written consent of the U.S. Army Corps of Engineers, Wilmington District.
Corps Regulatory Official: C_' Date: -2
Page 5 of 5
Looking south along omitted stream restoration area near Impact #C 1 (now walking path).
Autumn Hall Town Center Land Management Group, Inc.
Autumn Hall Inc. Environmental Consultants
Wilmington, N.C. Pictures of Site
New Hanover County, NC
March 2009
Autumn Hall Town Center Land Management Group, Inc.
Autumn Hall Inc. Environmental Consultants New Hanover County, NC Wilmington, N.C.
March 2009
Pictures of Site
Looking at buried culvert at northern section of Stream Impact #C I.
Looking at outfall of Stream Impact #C I.
Restoration Plan
Autumn Hall Town Center
Wilmington
New Hanover County, North Carolina
Prepared by:
Land Management Group, Inc.
Wilmington, NC
Prepared for:
U.S. Army Corps of Engineers
NCDENR- Division of Water Quality
Wilmington, NC
March 2009
Table of Contents
List of Tables, Figures, and Appendices ................................................................................. ii
1.0 Introduction .............................................................................................................................3
2.0 Site Description .......................................................................................................................3
3.0 Stream Restoration .................................................................................................................3
4.0 Monitoring ...............................................................................................................................4
5.0 Implementation Schedule .......................................................................................................4
6.0 Summary ..................................................................................................................................4
I
List of Tables, Figures, and Appendices
Table 1. List of shrub and tree species to be planted within restored wetlands ...............................5
Figure 1. Vicinity map .....................................................................................................................6
Figure 2. Wetland survey .................................................................................................................7
Figure 3. Site plan showing wetland and stream disturbance and restoration .................................8
Figure 4. Close up of stream restoration ..........................................................................................9
Appendix A. Photographs of stream restoration area
11
1.0 Introduction
In order to compensate for permanent wetland and stream impacts located within the Autumn Hall
Town Center community in New Hanover County, the applicant, Autumn Hall Incorporated, will restore a
section of stream on site. This stream is an unnamed tributary of Bradley Creek and was culverted and
filled many years ago when the site was a golf course. The applicant had obtained a Nationwide 39 Permit
in 2007 that required him to restore 79 linear feet of stream in two locations on site. However, because of
revisions to the site plan, this restoration has not occurred. The applicant now proposes to modify the
mitigation plan and restore 174 linear feet of stream on site. The applicant has already preserved remaining
wetlands and streams on site and bought into the Ecosystem Enhancement Program (EEP) for the
restoration of 68 linear feet of stream.
The Autumn Hall site is approximately 235 acres in size and is located off of Eastwood Road in
Wilmington, NC (Figure 1). The applicant proposes to restore one section of a stream on-site by removing
old fill material and a culvert. A new channel will be excavated and a variety of native wetland shrub and
tree species will be planted along the stream bank in this area.
2.0 Site Description
This site is 235 acres in size and was formerly the Duck Haven Golf Course. It contains
approximately eleven acres of wetlands (Figure 2). Bradley Creek forms the eastern and southern
boundaries of the tract and two unnamed tributaries run from Bradley Creek northward into the site. Soils
within the site are classified as Kureb sand, Baymeade fine sand, and Seagate fine sand in uplands and
Johnston loam in wetlands. Vegetated 404 wetlands within the site contain water oak (Quercus nigra) wax
myrtle, (Myrica cerifera), loblolly bay (Gordonia lasianthus), red maple (Ater rubrum), and black willow
(Salix nigra). Most of the uplands are maintained in a mowed condition.
3.0 Stream Restoration
Prior to restoring the stream on site, staff of LMG will survey a section of the unaffected stream
located north of the disturbed area. This stream section will serve as a reference from which to pattern the
restoration. Bankfull width, bankfull depth, and sinuosity will be measured along the reference reach. Once
this information is obtained, the existing culvert and fill material will be removed and approximately 174
3
linear feet of a new stream channel will be formed (Figure 3). If needed, the banks of the channel will be
covered with jute matting to keep them stabilized. Vegetation to be planted along the banks of each of
these restored areas will include species growing along adjacent stream sections (Table 1). These species
will be planted on a 4' spacing. A check dam will be installed near the edge of the channel to trap any
sediment that may be produced from the restoration work. This check dam will be removed once the stream
banks are stabilized.
4.0 Monitoring
A general site analysis will occur directly after mitigation activities have been completed and will
consist of taking photographs of the restored streams to evaluate as-built conditions. A small narrative will
be written and submitted to the Corps and DWQ. From then on, monitoring will occur annually for up to
five years. During each monitoring event, the vegetation adjacent to the restored stream bank will be
counted and identified. Success criteria will be the survival of at least 70% of planted vegetation. A
monitoring report that summarizes these results and includes photographs of the restored areas will be
submitted to the Corps and DWQ. Because of the small size of the mitigation area, hydrological monitoring
will not occur. However, the survivorship of wetland plants within the area will provide a good indication
of hydrology success.
5.0 Implementation Schedule
Stream mitigation activities will commence as soon as the ACOE and DWQ have an opportunity to
review and approved this document.
6.0 Summary
In order to compensate for proposed permanent wetland and stream impacts within Autumn Hall
Town Center in New Hanover County, the owner of the tract will restore 174 linear feet of a stream on-site
by removing fill material and an existing culvert. These areas will be planted with native wetland
vegetation. A general site analysis will occur directly after mitigation activities have been completed to
document as-built conditions. From then on, monitoring will occur annually for up to five years. As
mentioned previously, the applicant has already preserved all remaining wetlands and streams on site and
paid into the NC Ecosystem Enhancement Program for the restoration of 68 LF of stream.
4
Table 1. Typical tree and shrub species to be planted within the on-site stream restoration area. Planting
will be based on nursery availability.
Common Name Scientific Name
Water Oak Quercus nigra
Black Willow Salix nigra
Wax Myrtle Myrica cerifera
Loblolly Bay Gordonia lasianthus
Toundaries are approximate and are
not meant to be absolute.
Jrrt
Map Source: North Carolina Atlas & Gazetteer. Pg 84.2003
Autumn Hall Town Center Land Management Group, Inc.
A Environmental Consultants
Autumn Hall Inc.
New Hanover County, NC Wilmington, N.C.
March 2009
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Figure 4. Proposed stream restoration.
INV. 11. B5

Appendix A. Photographs of Stream Restoration Area

?? i ? ? in culvert ?'

Autumn Hall Town Center Land Management Group, Inc.
Autumn Hall Inc. Environmental Consultants Pictures of
New Hanover County, NC Wilmington, N.C. Proposed Stream Restoration
March 2009
Looking southwest at stream restoration area.
_ .rye
Looking north along proposed stream restoration area.
Close up view of where culvert begins.

Autumn Hall Town Center Land Management Group, Inc.
Autumn Hall Inc. Environmental Consultants Pictures of
New Hanover County, NC Wilmington, N.C. Proposed Stream Restoration
March 2009
View of channel located just upstream of stream restoration area.