20041713 Ver 1_Other Agency Comments_20041025

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
July 7, 2005
Frank H. Sheffield, Jr.
Ward and Smith, P.A.
PO Box 867
New Bern, NC 28563-0867
SUBJECT: Consistency Certification and Restrictive Covenants related to Proposed
Wetland Fill for the Dolphin Ridge and Royall Oaks Subdivisions, Emerald
Isle, Carteret County
Dear Mr. Sheffield:
We received the consistency certification of Ward and Smith on behalf of The Nassau
Corporation on June 16, 2005 for the proposed fill of 0.117 acres of wetland to facilitate
residential development in the Dolphin Ridge and Royall Oaks Subdivisions of Emerald
Isle, Carteret County. In reviewing the Corps' Public Notice (200401077) concerning this
proposed project, we note that area covered by this proposed project is subject to a
restrictive covenant that Nassau had recorded with the Carteret County Register of Deeds
to restrict and/or prohibit further impacts to jurisdictional wetlands.
The consistency certification that was submitted by Ward and Smith on the proposed
project did not disclose the existence of the restrictive covenants'. Pursuant to 15 CFR
930.58 the applicant is required to submit to DCM all relevant material germane to DCM
for analyzing the proposed project's consistency with the State's coastal program. Based
on the Corps' Notice, these restrictive convents were accepted by Nassau as a condition of
approval to preserve remaining wetlands due to the adverse wetland impacts resulting from
a prior project. Please provide, to DCM, a copy of the restrictive covenants, any maps or
graphics related to the restrictive covenants, a narrative describing the restrictive convents,
and a justification as to why the proposed project would be consistent with the State's
On June 15, 2005 DCM received a copy of a letter from Ward and Smith to the Corps that contained
an "alternate" version of draft language titled "Provisions Relating To Wetlands". This letter is not
part of the consistency submission to DCM.
400 Commerce Avenue, Morehead City, North Carolina 28557-3421
Phone: [phone] FAX: [phone] Internet: www,nccoastalmanagement.net
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coastal program within the context of the restrictive convents. This analysis should
include what measures, such as alternative development scenarios, were considered by the
applicant to avoid and minimize wetland impacts.
Please feel free to contact me at 252-808-2808 if you have any questions. Thank you for
your consideration of the North Carolina Coastal Management Program.
Sincerely,
I
j
Stephen Rynas, AICP
Federal Consistency Coordinator
Cc: Doug fluggett, Division of Coastal Management
Noelle Lutheran, NC Division of Water Quality
Cyndi Karoly, NC Division of Water Quality
Mickcy Sugg, U.S. Army Cotes of Engineers
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