19910231 Ver 1_COMPLETE FILE_19910202

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State of North Carolina
Department of Environniellt, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James 6. Martin, Governor George T. Everett, Ph.D.
W. Cobey, Jr., Secretary August 19, 1991
William Director
. Mr.' Charlie Hollis
Regulatory Consultant
130 Green Forest Drive
Wilmington, North Carolina 28409
Dear Mr. Hollis:
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Commercial development
New Hanover County
Upon review of your request for Water Quality Certification
to place fill material in 2.8 acres of wetlands for commercial
development, we have determined that the proposed fill.can be
covered by General Water Quality Certification No. 2176 issued
November 4, 1987. A copy of the General Certification is
attached. This Certification may be used in qualifying for
coverage under Corps of Engineers` Nationwide Permit No. 26.
If you have any questions, please contact John Dorney
at 919/733-5083.
Sincerely,
George T. Everett
GTE:JD
Attachment
cc: Wilmington District Corps of Engineers
Wilmington DEM Regional Office
Mr. v ohn Dorney
Central Files
REGIONAL OFFICES
ti
Asheville Fayetteville Mooresville Raleigh Washin-ton Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/733-2314 910/946-6481 919/3.95-3900 919/896-7007
Pollution Prevention Pa vs
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Acliorn Employer
•
CHARLIE HOLLIS
REGULATORY CONSULTANT
138 Green Forest Drive
Wilmington, N.C. 28409
919/392-6833 or 799-0318
August 14, 1991
Subject: 401 Certification, Cornelius E. Nixon
Mr. John Dorney
Water Quality Section
N.C Division of Environmental Management
P.O. Box 27687
:Raleigh, NC 27611-7687
Dear Mr. Rio
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Please reference the application of June 13, 1991 for a Section 401
Water Quality Certification regarding property on Market Street just
north of Wilmington, N.C. owned by Mr. Cornelius E. Nixon. Please refer
also to our telephone conversations and to my letter of July 20, 1991.
Enclosed, as you requested, is a supplemental report on state
endangered species prepared by Mr. David M. DuMond of WAPORA
Environmental Engineers/Scientists., No endangered species were found.
I appreciate your telphone calls to head us in the right direction
on this issue. I regret that;: I was not aware earlier that your
Certification review might include this factor which could have been
addressed at the time of the wetland delineation. Hopefully:,this
supplemental report will answer your concern.
Charlie Hollis
Enc1
Cy furn w/encl: Jim Gregson

ENVIRONMENTAL ENGINEERS/SCIENTISTS
225 Cheyenne Trail, Wilmington, North Carolina 28403
919.392.4467
August 12, 1991
Mr. Charlie Hollis
Regulatory Consultant
138 Green Forest Drive
Wilmington, NC 28409
Charlie,
This constitutes the second of two letter reports regarding
rare species potentially present on the Nixon property near the
intersection of US 17. and Military Cutoff. The first letter
report (July 16, 1991) dealt with Federally Threatened and
Endangered species. This report deals.with species listed at the
state level.
In our conference call with Mr. John Dorney of DEM (Division
of Environmental Management of the North Carolina Department of
Environment, Health and Natural Resources), we learned we should
also examine the Nixon site for the potential presence of plant
species on the North Carolina list of Threatened.and Endangered
plant species.
During our call John mentioned (and followed up with a
copied portion of a distribution map showing locations) Venus
flytrap (Dionaea musci ula), snowy orchid (Platanthera nivea
white-fringed orchid (Platanthera blepharorlottis was the
common name mentioned in the note from Dorney, but that species
is not listed as being of concern in North Carolina] and stalked
milkweed (Asclepias pedicillata). With these suggested species
and a more complete list of species supplied by the Natural
Heritage Program, known to occur within five miles, we re-_
examined the site with the aim of re-evaluating with regard tb
the additional species.
As pointed out earlier (letter of 16 July,1991) the habitats
at the site are disturbed pine-oak woodland and pocosin habitats.
The pocosin community makes up the majority of the site, and much
of it shows signs of being only marginally wet. This condition
is consistent with much pocosin habitat in New Hanover County
that has been ditched and drained following the onset of
intensive agriculture in the area. Further reduction of

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groundwater levels can be attributed to the presence of shallow
water wells and increasingly large areas of paved or roofed
ground surface that cause diversion of stormwaters into nearby
ditches. One such ditch, two to three feet in depth, parallels
the western boundary of the property. The ditch deepens
northward beyond the property and facilitates the drainage of a
large blueberry field off the northwest corner of the site.
A second field excursion was made to the site during the
morning of 12 August, 1991. The intent of this trip was to look
more closely at several small savannah-like openings scattered
throughout the property and make a supplementary check for any
plant species mentioned in the above sources.
Since no listed plant species were seen at the site, I will
deal briefly with each species mentioned in the letter from
Dorney and in the computer printout from_the Natural Heritage
Program. These species have been recorded within about five
miles of the site.
>>Savannah milkweed (Asclepias pedicellata) - Candidate -
this species is characteristic of open savannah habitats with
scattered longleaf pine (Pinus palustris) and subject to
irregular but fairly frequent fire. This sort of habitat is not
present at the site, but some of the drier, small grass-low shrub
openings in the pocosin could support this species at a marginal
level.
>>Venus flytrap (Dionaea muscipula) - Candidate - habitat is
present for this species. It should be present, but was not
seen. It may be absent as a result of commercial gathering and
fire protection. Yellow pitcher plant (Sarracenia flava is
abundant in grassy edges and openings. These two species are
often closely associated in savannah habitats.
>>Bog St. John's wort (HVpericum adpressum) - Candidate -
this species of St. John's wort generally inhabits bogs. No:bog.
habitats are present at the site. Ditches or firebreaks
containing water and scattered peat moss (Sphagnum perichaetiale)
are present, but do not usually constitute adequate bog habitat.
This species should be blooming now and quite visible at present.
>>Golden crest (L iola aurea - Candidate- redroot
(Lachnanthes caroliniana} was present in disturbed places at the
site, but no golden crest was seen. Adequate savannah habitat is
lacking.
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>>Snowy orchid (Platanthera nivea - Candidate - marginal
habitat for snowy orchid is present, but due to lack of fire or
commercial gathering, it may be invisible or exterpated from the
area.
>>Tracy's beakrush (Rhynchospora trac i - Significantly
rare - this is a species of shallow, natural ponds in this area
of the coastal plain, and is often associated with Robbin's
spikerush (Eleocharis robbinsii) in these habitats. Rhynchospora
fasicularis was the only species of beakrush noted at the site.
The above species have been mentioned by Mr. John Dorney and
by the North Carolina Natural Heritage Program as potentially
occurring at the Nixon property study site. 'Several other
species which also occur on the North Carolina list of rare
plants (including Rhynchospora pleianthaf Scleria georgiana,
Sphagnum fitzaeraldii) were sought but not found.
I hope this letter report proves satisfactory for your
purposes and the purposes of your client. If I can be of further
assistance, please give me a call. Thank you for allowing me the
opportunity to help.
Sincerely,
David M. DuMond
Senior Wetlands Scientist
_ ?e^a' SNi
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor George T Everett, Ph.D.
William W. Cobey, Jr., Secretary July 11 , 1991 Director
Mr. Charlie Hollis
Regulatory Consultant
138 Green Forest Drive
Wilmington, N.C. 28409
Subject: 401 Certification Request for Cornelius E. Nixon, Jr.
Dear Mr. Hollis;
On 3 July 1991, Mr. Jim Gregson (of our Wilmington Regional
Office), Ron Ferrell (Raleigh Central) and I visited Mr. Nixon's
property off U.S. 17. The area is a low pocosin with a well
developed herb layer and shrub understory with scattered pond
pine. The site appears to had little disturbance in the recent
past other than some relict, shallow ditches. The N.C. Natural Heritage
Program is aware of the existence of several rare or threatened
plants on nearly tracts with similar vegetation. Although we did
not observe any rare plants, none of us are botanists trained in
the identification of these plants.
Our General 401 Certification for NW 26 is only valid if
there are no significant uses which would be removed.. If the
site provides habitat for Federal or state rare, threatened or
endangered plants, this may be a significant use. We believe
that your client should have a vascular plant survey done by a
qualified, local botanist to determine whether any rare,
endangered or threatened plants are present. If they are present,
then the Director of DEM (Dr. George Everett) will need to decide
whether that is a significant existing use which needs
protection. However, the first step is for your client to supply
a plant list for the site. I believe that a 1/2 or"l day visit
this month or next by a qualified, local botanist would provide
sufficient information for our decision.
Regional Offices
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704251.6208 919/486-1541 704/663-1699 919/733-2314 919/946-6481 919/395-3900 919/761-2351
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

Page 2
July 11, 1991
Please contact Ron Ferrell or myself at 919-733-5083 if you
have any questions.
Sincerely yours,
John R. Dorney
CC: Jim Gregson, WiRO
David Franklin, DOE
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DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
.9
Date: Jul 23, 1991
To : John Dorney ?i d*C6'
Planning `Branch L 9 C-1
From: James H. Gregson
Wilmington Regio 1 Office
Through: Dave Adkin
Wilmingto R gional Office
Subject: Regional Office Review and Recommendations
Application for Permit for Excavation and/or Fill
Project # 910'5-S
Cornelius E. Nixon, Jr.
New Hanover County
PROJECT DESCRIPTION: The applicant proposes to fill 2.8 acres of
pocosin wetlands to accommodate its use by commercial business.
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
On July 11, 1991 the applicant was requested to submit an
endangered species survey for the property. On July 22, 1991
this Office received a survey prepared by Mr. David DuMond -of
WAPORA. Based on this report is is recommended that the project
be approved.
1. The project will require a 401 Water Quality Certification.
2. The project" complies with the General 401 Water Quality
Certification No. 2176 for headwaters and isolated wetlands.
3. The proposed project should be done in such a way as to not
cause the turbidity outside the immediate construction area
to exceed 50 NTU.
This office has no objection to the project as proposed.
JHG:9106-S
cc: Wilmington Regional Office Files
Central Files

Ad,0`

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CHARLIE HOLLIS
REGULATORY CONSULTANT
138 Green Forest Drive
Wilmington, N.C. 28409
919/392-6833 or 799-0318
July 20, 1991
Subject: 401 Certification, Cornelius E. Nixon
Mr. John Dorney h?
Water Quality Section
Division of Environmental Management
.N.C. Dept. of Environment, Health, & Natural Resources ??-P Fe
t-P.O. Box 27687
Raleigh, NC 27611-7687
Cl$
Dear y: ?95JV
Please refer to the application of June 13, 1991 for a 401 Water
Quality Certification regarding property owned by Mr,. Cornelius E. Nixon
on Market Street just north of Wilmington, N.C. Please refer also to
your telephone call to me regarding the need to have an endangered
species survey performed on this property.
Although I have not received your letter regarding the endangered
species survey, upon your suggestion that I go ahead and contact a
qualified individual, I engag:6d the services of WAPORA Environmental
Engineers/Scientists, who are represented locally by-Mr. David M.
DuMond. Mr. DuMond examined the site and furnished me a letter report
dated July 16, 1991, a copy of which is enclosed.
Mr. DuMond noted as you-did, that the habitat was somewhat' typical
of that which often supported various endangered species. However, upon
his examination of the site, no such species were found. I„:,trust this
report is sufficient and the Certifidation,;can now be issued..
Thank you for your attention to this matter and for yoir call to
alert me of the endangered speci._es`'question.
" Enc1
CY furn w?encl. Jim Gregson
r
MEMO - -
TO:
DATE: -
SUBJECT:
From:
North Carolina Department of Environment
??n;? Health, and Natural Resources ??? printed on Recycled Paper

ENVIRONMENTAL ENGINEERS/SCIENTISTS
225 Cheyenne Trail, Wilmington, North Carolina 28403
919.392.4467
July 16, 1991
Mr. Charlie Hollis
Regulatory Consultant
138 Green Forest Dr.
Wilmington, NC 28409
Dear Charlie,
Z.have completed a survey of the property belong4ng to Cornelius
E. Nixon, 13r., located northwest of the northern end of Military
Cutoff (SR 1409), along US 17 (USGS Quadrangle Sheet 7.5" Scotts
Hill, NC, 1970). The p~operty f=ortage on US 17 begins
approximately 1500 ft. northeast of the intersection with Gordon
Road (SR 1327). The frontage ends approximately 460 ft.
northeast at the Enoch Chapel Baptist Church property line. The
property extends northwestward for an undetermined distance
across the now abandoned Seaboard Coastline Railroad.
As per your request, we have performed a reconnaissance level"
survey for evidence which could lead to a determination of the
presence of any Federally listed Threatened or Endangered plant
or animal species at the above property. Habitat types
encountered on the property are discussed below.
Two habitats were found on the property in question: disturbed
.pine-oak woodland and pocosin. The line defining the wetland-
upland boundary, previously delineated, generally separates these
two habitats. The pine-oak woodland occurs along the frontage of
.US 17, and., gradually, as the land becomes less well-drained to
the northwest, there is a transition to well-developed, though.
disturbed pocosin. The pine-oak woodland closest to the highway
has been disturbed by dumping of trash and discarded car parts,
and has regenerated following some previous use of. the area.. Away
from the highway, the pine-oak woodland-is more naturally a
transitional habitat to the pocosin. The pocosin has been
bisected by previous construction of the railroad bed.. At least
some drainage of the pocosin has likely taken place since
construction of a drainage ditch along the southern side.of the
property. t
The pine-oak woodland is dominated by young pines including
loblolly pine (Pinus taeda and pond pine (Pinus serotina) with
scattered longleaf pine (Pinus palustris) in association with
live oak ( uercus vin iniana) and laurel oak (Quercus
laurifolia . Persimmon (Diospyros virginiana and wild black
cherry (Prunus serotina) are most indicative of the successional
nature of the majority of the pine-oak woodland. Areas dominated
i
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by shrubs_suppor-t gallberry (Ilex lg abra?, creeping blueberry
(Vaccinium crassifolium) and wiregrass (Aristida stricta) and are
more naturally transitional to the pocosin habitat.
Tree species codominant. in the pocosin consist of pond pine,
loblolly bay (Gordonia lasianthus) and sweetba.y (Magnolia
virginiana). Black gum (N ssa sylvatica) and red maple (Acer
rubrumJ are scattered. The major shrubs noted at the site were
zenobia (Zenobia pulverulenta), gallberry and most dominant
fetter-bush (L?y_onia lucida . Open areas supported peat moss
(SpLaanum spp.), zigadenus (Zigadenus glaberimus), Virginia chain
fern (Woodwardia virginica) and yellow pitcher plant (Sarracenia
flavor). Thoug, habitat was present, no Venus' flytraps (Aionaea
muscipula were noted. Signs of fire were visible.
Two plant species that are officially listed Federally are
frequently found associated with coastal plain habitat similar to
that seen on the Nixon property. These species are rough-leaved
loosestrife (Lysimachia asperulifolia and Cooley's meadowrue
(Thalictrum cogjey_U .
Both of these species are Endangered. Both may be most
frequently associated with wet savannah habitat, which, in
essence, is pocosin habitat (in part) that is frequently burned.
Neither of these species was seen, though at least on two plant
species often seer, growing with them, zigadenus and yellow
pitcher plant, did occur on the property.
Red-cockaded Woodpecker (Picoides borealis) is the most commonly
enco-antered Endangered animal species regularly associated with
habitats similar to those found at the Nixon property. Foraging
habitat and marginal nesting habitat were present at and adjacent
to the property (as defined in Guidelines for pre aration of
b_iolo ical assessments and evaluations for the red-cockaded
woodpecker, V. Gary Henry. 1989. US FWS, Atlanta, GA).
There were no indications that red--cockaded woodpeckers were.
present or that they made regular use of the habitat on the Nixon.
property. It is probable that this species does move through and
regularly uses pocosin habitat in the northern part of New
Hanover County. Whether or not poco-,I-r 'habitat in this general
area west of US 17 is regularly used by red-cockaded woodpeckers
is not known.
Methodology for systematic survey of habitats as described in the
above publication was not used on the property because of the
thickness of the vegetation in the almost solid expanse of
pocosin. Most of the Nixon property could be seen from various

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vantage points including survey cut lines and fire breaks, but
the anjace^t landscape was not systematically surveyed. Though
there were no cavity trees noted on the property and none seen
elsewhere on adjacent property, several early morning trips to
the site to listen for calling red-cockaded woodpeckers would be
useful to determine if they are using the area for foraging on a
regular basis
I hope the above observations will assist you in your work with
Mr. Nixon. If I can be of any further help, or if you require
clarification of any of the material, please do not hesitate to
call me.
Thank you.
Sincerely,
VC-..Az
David M. DuMond
k

CHARLIE HOLLIS
REGULATORY CONSULTANT
138 Green Forest Drive
Wilmington, N.C. 28409
919/392-6833 or 799-0318
June 13, 1991
Mr. John Dorney
Water Quality Section
Division of Environmental Management
N.C. Dept. of Environment, Health, & Natural Resources
P.O. Box 27687
Raleigh, NC 27611-7687
Dear Mr. Dorney:
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I am assisting Mr. Cornelius E. Nixon, Jr. with the development of
his property fronting on Market Street in the Ogden area just north of
Wilmington. In that regard, I am enclosing a request for a 401 Water
Quality Certification in support of our request to the Corps, under
Nationwide Permit No. 26, for the disturbance of up to 2.8 acres of
wetlands on this property.
We have had the Corps verify a wetland delineation as depicted on
the attached map and we have limited the wetland disturbance to the
approximately 2.8 acres outlined in yellow. This overall tract, all of
which is not shown on the map, is about 15 acres in size and contains
about 8 acres of 404 wetlands. It is zoned B-2 for highway business.
Mr. Nixon proposes to clear and grade the property back about 900
feet from Market Street to accomodate its use by commercial business.
Approximately 2.8 acres of wetlands are in this area.
Please contact me if you have any questions or if-you, need
additional information.
Enc1
Cy w/encl: Jim Gregson
S" r ,
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Charlie Hollis
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