20080859 Ver 1_Other Agency Comments_20090504

Mvs _6,859
NCDENR
Forth Caroiina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue
Governor
Jay Keller, Principal
Keller Environmental
7921 Haymarket Lane
Raleigh, NC 27615
Dee Freeman
Secretary
Qc??oerA p
MAY 0 4 2009
WETLUM MAW ASMRMWATER BRANCH
SUBJECT: CD09-022 - Consistency Certification for Proposed Impact to 3.88 Acres of Wetlands to
Facilitate the Construction of a Mixed Use Development, Harkers island, Carteret County
(DCM#20080152)
Dear Mr. Keller:
We received the consistency certification of Keller Environmental on behalf of Nils Ladenburg
("Applicant") on November 7, 2008 for proposed impacts to 4.67 acres of wetlands to facilitate the
construction of a mixed use development, known as Audubon Village, on a 226.88 acre project site. The
project site is located West of Harkers Island Road, East of SR 1333 Between Goose Bay Lane and Crows
Nest Road, in Carteret County, North Carolina.
Through a letter dated February 5, 2009 from Keller Environmental to the US Army Corps of Engineers,
wetland impacts have been reduced from 5.47 acres to 3.88 acres and 7.54 acres will be preserved.
To solicit public comments, DCM circulated a description of the proposed project to State agencies that
would have a regulatory interest in the proposed development. No comments were received asserting that
the proposed project would be inconsistent with the State's coastal program. However, concerns were
raised regarding the proposed project's potential to adversely affect coastal waters. Copies of the
comments received have been attached.
The Division of Coastal Management (DCM) has reviewed the consistency submission pursuant to the
management objectives and enforceable policies of Subchapters 7H and 7M of Chapter 7 of Title 15A of
North Carolina's Administrative Code which are a part of the State's certified coastal management program
and concurs, as conditioned below, that the proposed project is consistent with the enforceable policies of
North Carolina's coastal management program. In order to be found consistent with North Carolina's
coastal management program, the Applicant shall comply with the following conditions of concurrence.
• The Applicant shall comply with the 401 Water Quality Certification (DWQ#20080859) issued
by the NC Division of Water Quality for this project on April 22, 2009.
• The Applicant shall comply with the Stormwater Permit (SW8 090101) approval issued by the
NC Division of Water Quality on April 1, 2009.
400 Commerce Ave., Morehead City, NC 28557-3421 One
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanaaement.net NorthCarolina
An Equal Opportunity \ Affirmative Action Employer . Naturally
James H. Gregson
Director
May 1, 2009
• The Applicant, prior to initiating any land disturbing activities, shall obtain the approval of the
NC Division of Land Resources of an erosion and sediment control plan. The Applicant shall
comply with the requirements of the approved sediment and erosion control plan. A copy of the
plan approval shall be forwarded to DCM.
• The Applicant shall adhere to their mitigation commitment to purchase up to 5.47 wetland
mitigation credits from the North Carolina Ecosystem Enhancement Program. The North
Carolina Ecosystem Enhancement Program has accepted this proposal through a letter dated
October 28, 2008.
w The Applicant, prior to initiating any land disturbing activities, shall submit to DCM final site
plans (one hard copy and one as a PDF document) documenting that wetland impacts have been
reduced to 3.88 acres and depicting the location of the 7.54 acres of land that will be preserved.
• The Applicant and any subsequent owner shall maintain the 7.54 acre conservation area in a
natural state. (This includes the periodic ongoing removal of any non-native invasive plant
species.)
The Applicant is also advised that large portions of this tract drain into waters that are classified as Primary
Nursery Areas (PNA). The Applicant is therefore strongly encouraged to implement and maintain the
functionality of any and all available precautions to ensure that these important nursery areas will not be
adversely impacted by the proposed development.
Should the project be modified, a revised consistency certification could be necessary. This might take the
form of either a supplemental consistency certification pursuant to 15 CFR 930.66, or a new consistency
certification pursuant to 15 CFR 930.57. Likewise, if further project assessments reveal environmental
impacts not previously considered by the proposed development, a supplemental consistency certification
might be required. If you have any questions, please contact Stephen Rynas at 252-808-2808. Thank you
for your consideration of the North Carolina Coastal Management Program.
Sincerely,
?4
Doug Huggett
Manager, Major Permits and Consistency Unit
cc: Tere Barrett, Division of Coastal Management
Cyndi Karoly, Division of Water Quality
Mickey Sugg, U.S. Army Corps of Engineers
Beth Harmon, NC Ecosystem Enhancement Program
Page: 2
N
Carolina Wildlife Resources Commission'
mmoRkNDUM
TO: Mickey Sugg ..... ........ ..........................
Wilininb on District, US Army Corps ofl ngiiicers
I ._
FROM: Maria T. Dunn, Northeast Coastal Region Coordinator
_ Habitat Conservation Program _
DATE: ! i June 19, 2008
SUBJEC T " Comments on the Public Notice for Nils Ladenburg (AudubonVillage), Carteret County,
North Carolina.
Corps Action ID # 2008-01521
Biologists with the North Carolina. Wildlife Resources Commission (Commission) reviewed the
public no ice with regard to impacts of the project on fish and wildlife resources. The 226.88-acre project
site is Ioc ted in the Straits Community and is bordered to the west by Crow Hill Road (SR 1333) to the
north by rose Bay Lane and is approximately 0.2 mile north of: the intersection with Straits Road (SR
1335).. e Tract is within the headwaters of a tributary to Whitchurst Creek on the east side and South
Leopard- reek on the west. Our comments are provided in accordance with provisions of the Fish and
Wildlife 0ordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.) and the Clean Water Act of
1977 (as ar4ended).
I?
1I1ie applicant propos(;s to develop the site into a mixed residential area and commercial shopping;
center. '1'l?e-residential. area will be developed on Tract l (205.11-acres) ,uid the commercial ccn.ter on
'T'ract 2 (21.77-acres). The request includes fill of approximately 5.47-acres of jurisdictional wetlands on
Tract 2 to fhcilitate the construction of the buildings and parking lot. The applicant is proposing to
compensAN for the wetland impacts by preserving the remaining 3.95-acres of wetlands on the property
and ma" payment to the NC Ecosystem Enhancement Program at a 1:1 mitigation ration for 5.46-acres.
Whitehurr Creek and South Leopard Creek are both classified SA HQW by the Environmental
Managetletit Commission, are both designated Primary Nursery Areas (PNA) by the NC Division of
Marine Fis$ieries, and are open shellfish waters.
?h6 Commission has reviewed the public notice and is concerned with the lack of avoidance and
minimizatibn ofwetland impacts. The proposed impacts are concentrated. on Tract 2, the commercial
developtrle;4t portion of the parcel. At this time, no construction has occurred on either Tract, therefore
design mplifications may be done to.min.imize wetland impacts through changes within Tract 2 alone or
by incorpotatin.g some area of Tract 1 into Tract 2. In addition to our concerns with regard to avoidance
Mailing
Division of Inland fisheries • 1721 Mail Service Center + Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
June 19, 2WS
Nils Ladenbur?. Ewdubon Village FaSe2
USA.Ct? # 200940521
and m inimiz.Ztion, the proposed mitigation ratios are inadequate. 'The project site and proposed wetland
fill is within ithe headwater systems of Whitehurst Creek and South Leopard Creek. These two systems
are classifasd as high quality waters and are designated PNAs. Nursery areas are those areas in which. for
reasons sukh as food, cover, bottom type, salinity, temperature, and other factors, young tinfish and
crustacean! spend the major portion of their initial growing season.. Primary nursery areas are those areas
in the estu?rine system where initial post-larval. development takes place. These are areas where
populatior'is 'are unifonnly 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 the-H have been recently logged. Therefore, we feel the design of this project should be
reevaluate) to significantly reduce wetland impacts and overall minimize impacts to Whitehurst Creek
and South!Lopard Creek from this development.
?e 9ppreciate the opportunity to review and comment on this public notice and look forward to
future correspondence to discuss project changes. If you have comments, questions, or concerns, please;
..............-.
contact me..4t.(252)..9987-3.9.1.6..........."..................... .......... .... ................_.............._........................._.....,......__.......................... .................._._............
cc: Karol,,;C. - NC Division of Water Quality
M.urpliey, T. -- NC Division of Marine Fisheries
7 • . RCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
MEMORANDUM
November 13, 2008
TO: Barry Gutherie
Division of Coastal Management - Morehead
400 Commerce Avenue
Morehead City, NC 28557-3421
FROM: Stephen Rynas, AICP; Federal Consistency Coordinator
SUBJECT: Proposed Impacts to Approximately 4.67 Acres of Wetlands Facilitate the Construction
of a Mixed Use Development (DCM#20080152)
LOCATION: West of Harkers Island Road, East of SR 1333 Between Goose Bay Lane and Crowe Nest
Road, Carteret County, North Carolina
This document is being circulated for consistency review and comment by December 5, 2008. The
applicant proposed a mixed use residential and commercial development. Your responses will assist us in
determining whether the proposed project would be consistent with the State's Coastal Management
Program. If the proposed project does not conform to your requirements, please identify the measures
that would be necessary to bring the proposed project into conformance. If you have any additional
questions regarding the proposed project you may contact me at 252-808-2808.
REPLY
No Comment.
This office supports the project as proposed.
Comments to this project are attached.
This offic objects the project as proposed.
Signed: Date: iz og
CORRECTIONS
Please identify any corrections, additions, or deletions that should be made in terms of contact information.
RETURN COMPLETED FORM
to
Stephen Rynas, Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557-3421
FqCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
MEMORANDUM
DATE: December 5, 2008
TO: Stephen Rynas
FROM: Barry Guthrie
THRU: Tere Barrett t`P
SUBJECT: Consistency Determination-Proposed Impacts to Impact Approximately 4.67 Acres of
Wetlands to Facilitate the Construction of a Mixed Use Development DCM#20080152
Kellar Environmental, on behalf of Mr. Nils Ladenburg, is proposing to impact 4.67 acres of wetlands
during the construction of a mixed-use development on 226.88 acres west of Harkers Island Road, east
of SR 1333 between Goose Bay Lane and Crows Nest Road, in Carteret County, North Carolina. After
a site visit on December 2, 2008,1 determined the site to be predominately farmland that has obviously
been previously disturbed, void of significant vegetation. There are pockets of wetlands on site, which
are located outside of any CAMA AEC. It is to be noted that this property drains directly into South
Leopard Creed on the west side and into Whitehurst Creek on the east side, which are both designated as
Primary Nursery Areas by the NCDMF.
Cc: Trish Murphey, NCDMF
Ron Sechler, NMFS
Joanne Steenhuis, NCDWQ
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] \ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer -50% Recycled \ 10% Post Consumer Paper
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson Dee Freeman
Governor Director Secretary
MEMORANDUM
To: Stephen Rynas, Federal Consistency Coordinator
From: Maureen Meehan Will, DCM Morehead City District Planner
Date: April 29, 2009
Subject: Consistency Determination for Audubon Villages Wetland Impact Approval
LUP Consistency Determination: The proposal is Consistent With & not in Conflict with the
1991 Carteret County Land Use Plan certified by the Coastal Resources Commission
March 22, 1991.
The Carteret County Land Classification Map designates the property as Rural with the AECs
designated Conservation. Development within the designated AECs is limited by the CAMA
regulations and development guidelines.
The following policy statements need to be considered for this project:
"Carteret County will cooperate with the U.S. Army Corps of Engineers in the
regulationlenforcement of the 404 wetlands permit process" (Physical Limitations
Policy (f), pg. IV-3)

ZVI-
400 Commerce Ave., Morehead City. NC 28557.3421
Phone: [phone] \ FAX: [phone] Internet: www.nccoastaimanagement.net
A. Equal Opportunity! Affirmative Action Employer
NorthCarolina
Naturally
AiA
- NCDENR
North Carolina Department-of Environment and Natural Resourc6s
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
MEMORANDUM.
November 13, 2008 ' a
TO: Georgette Scott (Stormwater) NOV 17 2008
DWQ - Stormwater (Wilmington) BY:
NCDENR - Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405-5406
FROM: Stephen Rynas, AICP; Federal Consistency Coordinator
SUBJECT: Proposed Impacts to Approximately 4.67 Acres of Wetlands Facilitate the Construction
of a Mixed Use Development (DCM#20080152)
LOCATION: West of Harkers Island Road, East of SR 1333 Between Goose Bay Lane and Crowe Nest
Road, Carteret County, North Carolina
This document is being circulated for consistency review and comment by December 5, 2008. The
applicant proposed a mixed use residential and commercial development. Your responses will assist us in
determining whether the proposed project would be consistent with the State's Coastal Management
Program. If the proposed project does not conform to your requirements, please identify the measures
that would be necessary to bring the proposed project into conformance. If you have any additional
questions regarding the proposed project you may contact me at 252-808-2808.

Signed:
REPLY
No Comment.
This office supports the project as proposed.
Comments to this project are attached:
eisE EiVSuDE -THfi-7 6wmWqRr
AC-e0 •NCf WITH JtM RImP lnAAuu(
This office objects to the project as proposed.
Date: au &,E d/b??
CORRECTIONS
Please identify any corrections, additions, or deletions that should be made in terms of contact information.
RETURN COMPLETED FORM
to
Stephen Rynas, Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557-3421
. 41
kTX.WA
Ai
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
MEMORANDUM
November 13, 2008
TO: Patty Fowler
Shellfish Sanitation and Recreational Water Quality Section
NCDENR - Division of Environmental Health
PO Box 769 13 2008
Morehead City, NC 28557-0769
FROM: Stephen Rynas, AICP; Federal Consistency Coordinator
SUBJECT: Proposed Impacts to Approximately 4.67 Acres of Wetlands Facilitate the Construction
of a Mixed Use Development (DCM#20080152)
LOCATION: West of Harkers Island Road, East of SR 1333 Between Goose Bay Lane and Crowe Nest
Road, Carteret County, North Carolina
This document is being circulated for consistency review and comment by December 5, 2008. The
applicant proposed a mixed use residential and commercial development. Your responses will assist us in
determining whether the proposed project would be consistent with the State's Coastal Management
Program. If the proposed project does not conform to your requirements, please identify the measures
that would be necessary to bring the proposed project into conformance. If you have any additional
questions regarding the proposed project you may contact me at 252-808-2808.
No Comment.
REPLY
This office supports the project as proposed.
Comments to this project are attached.
.? ," This office objects to the project as proposed.
Signed: n? `?!W+--., k `r w m-' ?-w Date:
cl M?1) ?6
CORRECTIONS
Please identify any corrections, additions, or deletions that should be made in terms of contact information.
RETURN COMPLETED FORM
to
Stephen Rynas, Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557-3421
A:
WDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director williann G. Ross Jr., Secretary
MEMORANDUM
November 13, 2008
TO: Dan Sams
NCDENR - Division of Land Resources
127 Cardinal Drive Extension
Wilmington, NC 28405-5406
FROM: Stephen Rynas, AICP; Federal Consistency Coordinator
SUBJECT: Proposed Impacts to Approximately 4.67 Acres of Wetlands Facilitate the Construction
of a Mixed Use Development (DCM#20080152)
LOCATION: West of Harkers Island Road, East of SR 1333 Between Goose Bay Lane and Crowe Nest
Road, Carteret County, North Carolina
This document is being circulated for consistency review and comment by December 5, 2008. The
applicant proposed a mixed use residential and commercial development. Your responses will assist us in
determining whether the proposed project would be consistent with the State's Coastal Management
Program. If the proposed project does not conform to your requirements, please identify the measures
that would be necessary to bring the proposed project into conformance. If you have any additional
questions regarding the proposed project you may contact me at 252-808-2808.

REPLY
No Comment.
This office supports the project as proposed
Comments to this project are attached.
_ This office ob'ects to the roject as proposed.
Signed:
T?.` I r1o11-ad f? (C-A 0N(LS
1 t t? T10..- cl.-? M p p r ov e
Date: 1404 Z/ 2008
CORRECTIONS
Please identify any corrections, additions, or deletions that should be made in terms of contact information.
RETURN COMPLETED FORM
to
Stephen Rynas, Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557-3421
Ail?
HCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director
MEMORANDUM
November 13, 2008
TO: John Fear
Coastal Reserve Program - Beaufort
101 Pivers Island Road
Beaufort, NC 28516-9701
Resources
William G. Ross Jr., Secretary
FROM: Stephen Rynas, AICP; Federal Consistency Coordinator
SUBJECT: Proposed Impacts to Approximately 4.67 Acres of Wetlands Facilitate the Construction
of a Mixed Use Development (DCM#20080152)
LOCATION: West of Harkers Island Road, East of SR 1333 Between Goose Bay Lane and Crowe Nest
Road, Carteret County, North Carolina
This document is being circulated for consistency review and comment by December 5, 2008. The
applicant proposed a mixed use residential and commercial development. Your responses will assist us in
determining whether the proposed project would be consistent with the State's Coastal Management
Program. If the proposed project does not conform to your requirements, please identify the measures
that would be necessary to bring the proposed project into conformance. If you have any additional
questions regarding the proposed project you may contact me at 252-808-2808.
REPLY
No Comment.
This office supports the project as proposed.
Comments to this project are attached.
This office objects to the project as proposed.
Signed: _ r - Date:
Uf
CORRECTIONS
Please identify any corrections, additions, or deletions that should be made in terms of contact information.
RETURN COMPLETED FORM
to
Stephen Rynas, Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557-3421
NCDENR
North Carolina Department of Environment and Natura
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director

Resources
William G. Ross Jr., Secretary
MEMORANDUM
November' 13, 2008 '
TO: Renee Gledhill-Early
State Historic Preservation Office'
4617 Mail Service Center
Raleigh, NC 27699-4617
Z? (t f
FROM: Stephen Rynas, AICP; Federal Consistency Coordinator
a-
0?
_JA0F)
SUBJECT: Proposed Impacts to Approximately 4.67 Acres of Wetlands Facilitate the Construction
of a Mixed Use Development (DCM#20080152)
LOCATION: West of Harkers Island Road, East of SR 1333 Between Goose Bay Lane and Crowe Nest
Road, Carteret County, North Carolina
This document is being circulated for consistency review and comment by December 5, 2008. The
applicant proposed a mixed use residential and commercial development. Your responses will assist us in
determining whether the proposed project would be consistent with the State's Coastal Management
T')T proposed 'd For ?o your =- is ?lease tiffy the measures
1 rog141n. if the pro j? ?cl ..ees not not conform ll L requir.,l...,..I . idn?n..u...?
that would be necessary to bring the proposed project into conformance. If you have any additional
questions regarding the proposed project you may contact me at 252-808-2808.
REPLY
No Comment.
This office supports the project as proposed.
Comments to this project are attached.
This office objects to the project as proposed.
Signed: tuX r
/1 N
Date: l a ZaLop _
---V
CORRECTIONS
Please identify any corrections, additions, or deletions that should be made in terms of contact information.
RETURN COMPLETED FORM
to
Stephen Rynas, Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557-3421
W6 1' 21100
i

14
NC©ENR
North Carolina Department of Environment and Natural ResorC?"??
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director Ailliam G. Ross Jr., Secretary _ q.
MEMORANDUM
November 13, `2008
Morehead City, NC 28557-0769
FROM: Stephen Rynas, AICP; Federal Consistency Coordinator
TO: Anne Deaton
NCDENR - Division of Marine Fisheries
PO Box 769
SUBJECT: Proposed Impacts to Approximately 4.67 Acres of Wetlands Facilitate the Construction
of a Mixed Use Development (DCM#20080152)
LOCATION: West of Harkers Island Road, East of SR 1333 Between Goose Bay Lane and Crowe Nest
Road, Carteret County, North Carolina
This document is being circulated for consistency review and comment by December 5, 2008. The
applicant proposed a mixed use residential and commercial development. Your responses will assist us in
determining whether the proposed project would be consistent with the State's Coastal Management
Program. If the proposed project does not conform to your requirements, please identify the measures
that would be necessary to bring the proposed project into conformance. If you have any additional
questions regarding the proposed project you may contact me at 252-808-2808.

Signed: Date:
i
CORRECTIONS
Please identify any corrections, additions, or deletions that should be made in terms of contact information.
RETURN COMPLETED FORM
to
Stephen Rynas, Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557-3421
No Comment.
REPLY
This office supports the project as proposed.
Comments to this project are attached.
This office objer,.tis to the project as proposed.
l2
I 2 ?

Aia
'NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
MEMORANDUM .
November 13, 2008
TO:
County of Carteret
Courthuse Square
Beaufort, NC 28516-1898
FROM: Stephen Rvnas, AICP; Federal Consistency Coordinator
SUBJECT: Proposed Impacts to Approximately 4.67 Acres of Wetlands Facilitate the Construction
of a Mixed Use Development (DCM#20080152)
LOCATION: West of Harkers Island Road, East of SR 1333 Between Goose Bay Lane and Crowe Nest
Road, Carteret County, North Carolina
This document is being circulated for consistency review and comment by December 5, 2008. The
applicant proposed a mixed use residential and commercial development. Your responses will assist us in
determining whether the proposed project would be consistent with the State's Coastal Management
Program. If the proposed project does not conform to your requirements, please identify the measures
that would be necessary to bring the proposed project into conformance. If you have any additional
questions regarding the proposed project you may contact me at 252-808-2808.
REPLY
No Comment.
_ This office supports the project as proposed.
Comments to this project are attached.
This office objects to the project as proposed.
Signed: r Date: 1 l- I `-f' ? 15
5 t s- P , ti 12ec:?m r--
CORRECTIONS
Please identify any corrections, additions, or deletions that should be made in terms of contact information.
RETURN COMPLETED FORM
to
Stephen Rynas, Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557-3421