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Home My WebLink About20042048 Ver 1_Complete File_20050306NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Charles S. Jones, Director William G. Ross Jr., secretary January 4, 2005 JAN 0 6 2005 Ken Kirkman Landfall Associates LLC DENR _ WAVER OUEaurr ? ?,?i?,P?os as.c s?+?,.t,s??hrER aR'PJCH 100 Estates Way Cary,-.NC 27513 SUBJECT: Proposed Fill of 1.57 Acres of Wetland, Wilmington, New Hanover County. (ACOE #200400192) Dear Kirkman: The Division of Coastal Management (DCM) received, on November 18, 2004, a copy of a U. S. Army Corps of Engineers "Public Notice" (Notice) that Landfall Associates, LLC (Landfall) is proposing to discharge fill material into 1.57 acres of Section 404 wetlands adjacent to Howe Creek. Based on the information provided in the Notice, DCM advised Landfall Associates on November 24, 2004 that Landfall Associates would need to submit a consistency certification to DCM. The Corps subsequently reevaluated the status of the 1.57 acre area as a wetland and determined that the subject area no longer qualifies as a wetland. The Corps, on December 29, 2004, notified Landfall Associates that since the 1.57 acre area no longer qualifies as a wetland, the application to the Corps for a Section 404 Permit under the Clean Water Act by Landfall Associates is considered withdrawn. Since the Corps has determined that no Federal permit or license is required, the submission of a consistency certification by Landfall Associates pursuant to Section 307 of the Coastal Zone Management Act of 1972, as amended, is now moot. Even though Landfall Associates is not required to submit a consistency certification, Landfall Associates is still encouraged to undertake its proposed development in compliance with the Coastal Area Management Act (CAMA) and the certified local land use plan. Furthermore, DCM review may be triggered in the future should any project modifications and/or project assessments establish that any component of the overall development proposal would occur within either an Area of Environmental Concern (AEC) or require a Federal permit or license. Should that occur, Landfall Associates is 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557-2518 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper advised to contact DCM to discuss the nature of any potential DCM review that may be required. Thank you for your consideration of the North Carolina Coastal Management Program. Sincerely, Stephen Rynas, AICP Federal Consistency Coordinator Cc: Doug Huggett, Division of Coastal Management -- - `" Jiny-Gregsor,-DivlsionofCoastaT-Management - Jennifer Frye, Army Corps of Engineers Cyndi Karoly, NC Division of Water Quality Joanne Steenhis, NC Division of Water Quality CS v?J Page: 2 Regulatory Division Action ID No.` 200400192 Landfall Associates, LLC Attn: Mr. Ken Kirkman 100 Estates Way Cary, North Carolina 27513 Dear Mr. Kirkman: ?S.u.TES OP,44 e e'. 50'' VIM t?j• oeTne Qj. (+ 1(OItL?V wax [` O?n?10R??0 JAN 0 6 2005 DENR Va`r,",CER QUALITY 'NETLANDS AND STGPk#,i,vx R BRANCH Please reference your request for the Department of the Army (DA) authorization permit to discharge fill material into 1.57 acres of Section 404 wetlands adjacent to Howe Creek, a tributary to the. Atlantic Intracoastal Waterway, associated with the construction of the Landfall Retirement Center, located along the northeast side of Old MacCumber Station Road, east of Military Cutoff Road; in the Landfall Development, in Wilmington, New Hanover County, North Carolina. On December 28, 2004, at the request of your consultant, Land Management Group; Inc., the Corps of Engineers performed a site inspection of the subject 1.57 acre area. The purpose of this site visit was to reevaluate the wetland status of the 1.57 acres, such that your consultant contends that the Corps of Engineers should no longer assert jurisdiction. over this area. Specifically, the consultant states, in supporting documentation dated December 23, 2004, that the area no longer exhibits the necessary hydrology of a jurisdictional wetland. Based upon our review of this information and the site inspection, it has been determined that the subject 1.57 acre area does not meet all criteria of a Section 404 jurisdictional wetland under the 1987 Corps of Engineers Wetland Delineation Manual. There are no waters of the U.S, to include wetlands, present on this 1.57-acre project area, which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, you may rely upon this determination for a period not to exceed five years from the date of this notification. As such, your proposed activity as described above, will not require Department of Army authorization and your permit application is considered withdrawn and the file closed. Please be cautioned that this reevaluation is only for the 1.57-acre area located along the northeast side, of Old MacCumber Station Road, near the intersection with South Moorings Drive. It is our; understanding that the remainder of the 43.31-acre Landfall Retirement. Tract is DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS PO BOX 1890 WILMINGTON NC 28402-1890 December 29, 2004 2 i! comprised of mainly uplands with approximately 7.08 acres of jurisdictional wetlands, permanently protected under a Conservation Easement. Keep in mind that if you alter your development plans for this tract and impacts to jurisdictional waters and/or wetlands are anticipated, you will be required to obtain DA authorization prior. to impacts commencing. If you have questions or comments, please do not hesitate to contact me at telephone (910) 251-4923. Sincerely, Jennifer S. Frye Regulatory Specialist Wilmington Regulatory Field Office Copies Furnished: Mr. Rob Maul Land Management Group, Inc. PO Box 2522, Wilmington, North Carolina 28402 Ms. Becky Fox Wetlands Regulatory Section - Region IV United States Environmental, Protection Agency 1349 Firefly Road Whittier, North Carolina 28789 Mr. Ronald Mikulak Wetlands Regulatory Section Water Management Division United States Environmental Protection Agency 61 Forsyth Street SW Atlanta, Georgia 30303 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27699-1638 I 3 Mr. Stephen Rynas Federal Consistency Coordinator North Carolina` Division of Coastal Management Hestron Plaza 11 151 B, Highway 24 Morehead City, North Carolina 28557-2518 Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 1621 Mail Service Center Raleigh, North,Carolina 27699-1621 Ms. Joanne Steenhuis Division of Water Quality North Carolina Department of Environment and Natural Resources Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Regulatory Division Action ID No. 200400192 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS PO BOX 1890 WILMINGTON NC 28402-1890 Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 1621 Mail Service Center Raleigh, North Carolina 27699-1621 Dear Ms. Karoly: NOV 2 3 2004 DENR - WATER QUALITY WETLANDS AND STORMMATER BRANCH 042048 Reference the enclosed application from Landfall Associates, LLC for Department of the Army authorization and a State Water Quality Certification to discharge fill material into 1.57 acres of Section 404 wetlands adjacent to Howe Creek, a tributary to the Atlantic Intracoastal Waterway, associated with the construction of the Landfall Retirement Center, located along the Northeast side of Old McCumber Station Road, East of Military Cutoff Road, in the Landfall Development, in Wilmington, New Hanover County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act. We have determined that a water quality certification is required under the provisions of Section 401 of Section 404 of the Clean Water Act. A Department of the Army permit will not be granted until the certification has been obtained or waived. In accordance with our administrative regulations, in most cases, 60 days after receipt of a request for certification is a reasonable time for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by January 18, 2005, the District Engineer will deem that waiver has occurred. November 18, 2004 -2- Thank you for your time and cooperation. Questions or comments may be addressed to me at the Wilmington Regulatory Field Office, at (910) 251-4923. Sincerely, Jennifer S. Frye Regulatory Specialist Wilmington Regulatory Field Office Enclosure :i 11/03/2004 10:21 1 ? 9104520060 LANDMANAGEMENT Ma0fy?Az 2.5*22 ()APz&?An? AW.4 Wauldna 28402 Xqu&ow.- 990-/52-0009 dzz?w lpw: 9w1A ?s exf AazA cos ?IPl?fa ,dv mae November 2, 2004 Memo To: Jennifer Frye, US Army Corps PAGE 02103 -,q3WMd& q.?: 9.6' 6%z 9'.20 504 %Oakrn -74W. ,, a&nleo, -1W27954 ?9lam: 252-117--y-Woo From: Rob Moul Subject: Summary of the 404 individual Permit Modification that was issued to Landfall Associates on 10/3/2000 for the "Retirement Center" (Action ID# 199603138) The area in question includes 1.57 acres of partially drained "Pine Flat Wetlands" that were part of the Landfall Retirement Center design plans and contained in the original Amy Corps permit issued 1015198. This original permit included agency approved comprehensive mitigation conditions to replace lost wetland functions on approximately 83.5 acres of Pineflat/Pocosin type of wetlands that were utilized to complete the development which included about 200 remaining lots, a nine bole golf course, roads, ponds, utilities and this "Retirement Center".This comprehensive application was requested by the agencies in order to determine the total wetland impacts of the remaining development and to mitigate for these impacts with approved restoration, enhancement, and preservation strategies. The Wetland Mitigation Plan that was originally submitted and approved included the following elements: (1) Preservation of 152.6 acres of Pineflat /Pocosin wetlands in the project; (2) Preservation of 210.8 acres of marshland along Howe creek and the AIWW; (3) Restoration of the 100 acre Angola Bay "PC" crop land site and monitored 5 years until deemed successful; All of these original COE permit mitigation conditions have been met. The 108100 modification requested 1.57 additional acres of impact for a previously disturbed wetland area located at the junction of two old roads. Apparently the review agencies felt the wetland functions (water storage) were limited and additional mitigation was needed. The following mitigation actions were taken for this modification: a) Enlarge Conservation Area "D" by 1.57 acres; b) Enlarge Conservation Area "2A" by 2.05 acres; c) Join Conservation Areas "D"and "F" for connectivity; and d) Restore .15 acre of tidal saltmarsh by removing a causeway over Howe Creek; 11/03/2004 10:21 9104520060 ? s LANDMANAGEMENT PAGE 03/03 All of the extra permit modification mitigation conditions have been completed before the permit expired on December 31, 2001. The grading of this 1.57 acre area in the Retirement Tract had not occurred. before permit expiration since the golf course designers used this site as a soils and plant stockpile area and nursery irrigation zone. Since the management personnel changed after the golf course was completed the urgency to fill this impacted hydrie soil area was forgotten. The need to grade it and incorporate it into their land plans is still present and the earlier permit action has been relied upon via their appraisal evaluations and infra-structure designs. Basically, Landfall Associates respectfully requests that they be allowed to complete this last part of the permitted project by either extending the time limit to complete the work or through use of an abbreviated Public Notice Period (Angie Pennock told Ken Kirkman that 15 days could work). I hope this helps to explain what I understand to be the project and its remaining relevant issues. Should you have any other questions, please feel free to contact me at your convenience. Thank you for your much appreciated assistance) Original permit issued October 5, 1998. Action id 199603138. Original permit and mitigation plan are enclosed. Modified to: include retirement center October 3, 2000. 1.57 acres of additional peservation required atsite 2 (Figure 1) 2.04 acres of additional uplands and ponds were preserved at site 2A (Figure 1). 0.15 acres of tidal salt marsh were restored. (Figure 2). Copy of modification letter enclosed. Proposed wetland impacts are shown in greater detail in Figure 3. RECEIVED OCT 2 0 2004 REGULATORY WILM. FLD. OFQ 042048 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT Privacy Act Statement Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require permits authors o cling, navigable waters of the United States, the discharge of dredged or fill material into waters of the United State g', e a ion of dredged material for the purpose of dumping it into ocean waters. Routing Uses: Information provided on this form,will be used in evaluating this application for a permit. Disclosure'Disclosure of requested information is voluntary. If information is not provided howevg{ -&- p2nVt ation cannot be processed nor can a permit be issued. U ?, I G ? One set of original drawings or good reproducible copies which show the location and character of the phmijj ?Tyo this application (see sample drawings and instructions) and be submitted to the District Engineer having juri is i9M EIN I-gMproposed activity. An application that is not completed in full will be returned (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO, 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPL. COMPLETE (ITEMS BELOW TO BE FILLED BY APPLICANT) 5. APPLICANTS NAME Landfall Associates, LLC 8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not Mr. Ken Kirkman required) Paul M. Farley or Rob Moul Wetland Scientist Land Management Group, Inc. 6. APPLICANTS ADDRESS 9. AGENT'S ADDRESS 100 Estates Way P.O. Box 2522 Cary, NC 27513 Wilmington, NC 28402 7. APPLICANTS PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NO. W/AREA CODE a. Residence 910-452-0001 910-452-0060 (fax) b. Business 919-481-30000 919-677-8600 (fax) 11. STATEMENT OF AUTHORIZATION I hereby authorize Land Management Group, Inc. to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. APPLICANT'S SIGNATURE DATE NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE Landfall Retirement Center 13. NAME OF WATERBODY, IF KNOWN (if applicable) 114. PROJECT STREET ADDRESS (if applicable) above the headwaters of Howe Creek 15. LOCATION OF PROJECT COUNTY New Hanover STATE North Carolina 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN 17. DIRECTIONS TO THE SITE See attached map. 18. NATt1RE OF ACTIVITY (Description of project, include all features) To complete a retirement center as part of a previously approved permit 199603138. Mitigation work has been completed but permit has expired. Original permit was issued on August 19, 1998 and modified on October 3, 2004. Copies of the original permit, modification, and mitigation plan are enclosed. 19. PROJECT PURPOSE (Describe the reason or purpose of the project) To allow for completion of retirement center possible. USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. REASON(S) FOR DISCHARGE To allow for the completion of previously permitted retirement center. 21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS Suitable fill material totallying approximately 5700 cubic yards 22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED 1.57 23. IS ANY PORTION'OF THE WORK ALREADY COMPLETE? Yes IF YES, DESCRIBE THE COMPLETED WORK The mitigation previously required for the project has been completed 24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, Etc., WHOSE PROPERTY ADJOINS THE WATERBODY see attached list 25. LIST OTHER CERTIFICATIONS OR APPROVALS/DENIALS RECEIVED FROM OTHER FEDERAL, STATE, OR LOCAL AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION AGENCY TYPE APPROVAL* IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED * Woul d include but is not restricted to zoning, building and flood plain permits 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. '? C ) 1D 1- D`j SIGNATURE OF APPLICANT DATE 18. U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations o r makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. Adjacent Property Owners McAllister Dock 7 Garrett Drive Hampton Va 32669 Raiford Trask c/o Webster Trask 1202 Eastwood Road Wilmington, NC 28403 Westfall Research Park 1202 Eastwood Road Wilmington, NC 28403 Old Gun Range Tract LLC 1202 Eastwood Road Wilmington, NC 28403 Old Maccumber Dump Tract LLC 1202 Eastwood Road Wilmington, NC 28403 Name, Mr. Hubby Rawl LMG Date! September 21, 2003 Address:; La;:dftii Associates, LLC_, Ji L ? 00 Weston Estates Way Cary, NC 27513 _ Job Number. ! v phone: 919-481-3000_ Fax: X919-877-8600 Mobile: ?s*d,?a ly ?SS?c? L t; c Property, owner". property L.ocailon and Job Dtscrlption: Landfnii Retlrsmernt Canter, 50 acre tract. Wetland delineation, preparation of CORP required daft Sheets. ir. on.Mta rreetlrg with the CORP. LETTER AGREEMENT I (we) desire for Land Management Group, Inc., to perform the above noted serviced an- saRfices described In any attachment at cur raguler• bouriy rats of $751hour plus a job setup fee of 537,53. Expenses., Incurred by Land Management Group (LMG) which are necessary for the completion of the scope of services including supplies and services obtained from third parties are reimbursable at the LMG cost plus a;15% administrative handling charge. lnyoicps, Invoices for LMG services shall be submitted at the option of L WIG, either upon completion of such services or on a monthly basis. Invoices shall be payable DUE UPON RECEIPT. If the inyaice Is not paid within 30 days. LMG may without waiving any claim or right against the Client, and without liability whatsoever to the Client, terminate the performance of the service, Any past due amount will be subject to a monthly service charge of 1.5% an the unpaid balance (18.0% true annual rate). In the event of a past due account. the Client shall pay all costs of collection, including reasonable attorney's fees. Permitand vi w Q?agQitcabl@t LMG will make every effort to aubmit permit applications in a timely manner and consistent with our best understanding a? the permitting- agencies' regulations and requirements. It should be understood and expected that the permitting agencies may placa additional- requirements or request information during their review process. We will coordinate with the various agencies to complete this process. Hc°:ever, it should be expressly, understood that LMG has no influence or control over either the speed or outcome of ttte permit review and approval process- Tnrminatlon of Sendca; This agreement may be terminated by the Client or the Firm should the other fall to perform its obligations hereunder. In the event of termination, the Client shall pay LMG for ail services and reimbursable expenses rendered to the date of termination, Pin a on r 4 pcn9lble 1br Payment ature of Owner, officer or Authorized Agent Date PLEASE SIGn AND RETURN THE EXE.CUTEiD ORIGINAL LETTER AGREEMENT TO OUR OFFICE'. THIS AGREEMENT IS VALID FOR 30 DAYS FROM THE ORidINAL LMG DATE ABOVE. LAND MANAGEMENT GROUP, INC. POST OFFICE BOAC 2522 i WILMINGTON, NC 28402 C)LL it LMG EMPLOYEE 9110-462-0080(Fax) i Ha a rmcv s s2: ` Pm\ r !y. 1.: - t ..r I T bkl d s - ._ 4 "11 ! b - 4 Yid} \1? sua6o ` v? . n ?t tbmoi r A a?s+ 40 ^ss ` V.SS. IJoih Gi 1 1; ``6ahleshm - _ _ t7C: m u r n ??.' ? ?I1f"s rte{ G ? .1. 1 k ) f ?l h rtE ? ? , 1 ? -?, Wd f 1 h fcf ^er ? .._1e. r ? } ron ? ? F h r?fKer? -f .,?P., SITE if F!' S n N ' aid Fem. T J b 4 ? ' A a 1 7p SITE Map Source: DeLorme: North Carolina Atlas and Gazetteer., 1997 p. 84. SCALE 1" = 2.4 miles Land Management Group, Inc, Landfall Tract Environmental consultants New Hanover County, NC Wilmington, N.C. Site Location Map 01-03-301 October, 2003 iz? i t t ,- ? ? -j , ??,. ??_/ ._.tf?r?.ti f i :.' -1, ?_ S,?c' J x? ,,.y lr I, 't s h>-' 74DRL' #, f- ?„ ,. Y^, '? I.• , l,n.`? `? C e rk 1 Y4 ? A a .st \t. ? ~ ? Y? t't t?, ?, a .. t'n'')d s S it .-+zre tit i-Jf?' -iYlNN 4 - `%n ? ?.? ? .F.',`--.r' __'.? { ' j ,r_r _ . _ .c? _:- ?"• i r,.'? 3 a <a , ?'s. J I r 00 ?S ei.. ? `? •?, J ?`\ 5l ? F L-, t _,. e ? ? ! i../ ? t. ! ? ?'? 4 'lt _ - 3 1 r :'/ ?? }"? 1 t ` `gip 1Z i f r?\ ,ate' `err' 4 H Z .c t ?• -5 Y 2 r Ov- iltd '.r. ` v ! a c? ''Lf ?'? DISPO5RL}» i C?? ?• ?? _.w,.,? 'gyn., •c?r?t i ?' t °._ ?,'?RL. ?--? i ? ? _ f` T-'?d. ? ? _ . ? t?. ? z t i ,rig a _ a ??2 , ? f4+`??„ L!`?:?z '' ti ?: r ?. CJSPI• . L :.,,r'yo - l: ?? ? ? } ..1 a?,... '? ?5"? '? y+. ti'+'S ?`.2a7^' Y,?.? ?_•`•-:- a. =" _?' ,-r, T:s,l ?' WT Bound aryinformation taken from "Landfall -A Legacy Of Luxury - The Master Plan" Real Estate Brochure. Boundaries are approximate and not meant to be absolute. Map Source: VWghtsville Beach and Scotts Hill USGS 7.5' SCALE 1" - 2000' Topographic quadrangle, 1970. - Land Management Group, Inc. Landfall Tract Environmental Consultants 1970 New Hanover County, NC Wilmington, N.C. 7.5' Topographic Quadrangle 01-03-301 October, 2003 Boundary information taken from "Landfall -A Legacy Of Luxury - The Master Plan" Real Estate Brochure. Boundaries are approximate and not meant to be absolute. Map Source: Wrightsville Beach and Scotts Hill USGS 75 Orlhophoto quadrangle, 1980. SCALE 1" = 2000' Land Management Group, Inc. 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"c1?.?.•': ` *?%•i'i: i;:;ciiii;j : ? dfi ; /;! °_? tt• y?'6"Y/. / ?' a, 'Y?f .'?":a?C:i:i-•. `•`:i ..;?'? ? 'Jy? 'v , j t 1 i `y;??• c ,? p Il (I / ° - ? ::? , E f??.? rL"'L.' X7„8 'S.A ,?. / 1•. . ?^ .._-;' jQ t? ? ?%~ ?.yr SS?ir• .fir. ''?o? / O - - - - - U O 1 i tl J W F'- J ?+ i sr" \ 1 ?{ ®t "' i 4 \ `?\? ""7 o' r' LJ W yi6 `? F h? •J7 °? JI' ?// ?.x i ??f/' / !!?S; /7 J y_? cJ co • yam 0? :? ,f ?: --_Stf a / r / ??\ j o -? • l ?, _\ •1 e; q g L _ ?,4?t1 ?3F 'x .? ji -. ?R? / P- u' 1..r; ,? ?Y `I\?? -t ;l\ ?'-? ??? {..-?j '\`YCI?_? ?;? ^?j'? / LU •.\ -_-- -_ .mil ` ;? ?` ., - ??? . ? ? (y?.i ;.? : ? C?.{?? • ! L ?'•R -?.lia vS ? G I c lHM-d0-1HJI 1 ----- NIla3MOd l3'd0 ,001 )133x0 3MOH t?° s p.l1 l 1i i' r % = _ - _ C S3 LIB M n I !?, ??#sr _ SSA ?l •• M b CS Ux °Z m , itC6 9O?Q O :bx. OB-28-t?2 09:;5 From-THE ,JOHN R WCADAMS COVPMY INC 9193812289. ORIGINAL S/T"F PLAN 3 n- 'V 1 I, ', I i" I 9 ' t . Ct. .• ? - r-.r???T I=f T-118 P.11/21 F-833 ?ou?r4tt Nt. "' +? ? .•.v a •' _ ,<y':_ ~`? F??A r._ arc cas na.? i??v???' c ?y"S. t+v 1 Ltv ?-- rte. '.? ?; `•? h'%1., :k, ? __?` ?" :;.li'Si:?T?." ?`? '' ^• ? ?''(.? i•ti 7Fi?C7 =iZ •475 .lC° ta.w?i ? rS .3 .? t. .'?': i?.JSr ?? •+---..v ...Mf17Y 1El.l?s 1HIFKlOR L075 774 LM r, ; =? 4 t •, ,.: ?? .` TOT:?C?C7S ;25 La75 Mr titan -ti } _ .? ' ,l?,4 ?LQy! Qi1,C[{TY 0 LO M r Ewa • 1 i+sn= --7 +, WE+WYQS LOPACT 15 5 7, CCJ CUR'Y GA110a4 n ? F r?1 ACRES .j'- IrE?iatit]S FACT G A l?`a'%? a el ter"` C;zM ~•?? ' .y ?` i j WPAC7 a3 Z AM? ??+cz it av' S-• 1 lb?? r]? - ? J PAOFOSE?D ACPON 1 w?.« -??77 A' =?A! }1r 4 ?yA NDFF_ _I L ENi c02 :? GON3?iLTd TS Z.t:YD5 A 'j, p Yr rc-.ox. x -? ! CZE INCOP.PORUTED PAIt7 E ??/ '? ' v 1lIL*.fiNGTOfi= H.C. + P.kI.7'G;g,N.z!. ?.SSt3CI.4?".??"'l P 4.? ? - _ y ::1 11/18/2003 16:27 9102569926 LANDFALL DEPARTMENT OF THE ARMY. WILMINGTON DISTRICT, CORPS OF ENGINEERS P.o. BOX1M WILMINGTON, NORTH CAROLINA 26402-le90 IN REPLY REFER TO Regulatory Division Action ED No. 199603138 Mr. S. Keith Cooper, P.E. Landfall Associates Post Office box 5368 Haaover Center Station Wilmington, North Carolina 28403 Dear Mr. Cooper: October 3, 2000 PAGE 02/05 ?c?e. Please:reference the Department of the Army permit issued on August 19, 1998, and your writteu request of June 22, 2000, for permit modification'to discharge fill material into 1.57 acres of wetlands to construct a retirement center. The permit is hereby modified to include the work as shown on the enclosed plan. It is understood that all conditions of the original permit and the following additional conditions are in full force and effect and that the expiration date is unchanged: a. Preserve 1.57 acres of wetlands at Site 2 to enlarge Conservation Area D. b. Preserve 2.05 acres of uplands and pond at Site 2A to enlarge and join Conservation Areas D and F. c. Restore 0.15 acres of tidal marsh as shown on Attachment "A". All causeway fill shall be removed and the restored area shall match existing grade and elevation in the adjacent marsh. d. A 401 Water Quality Certification is received from the NC Division of Water Quality and all conditions of the certification are met. e; A Sedimentation and Erosion Control Plan is approved by the Division of Land Resources. , £ A LAMA permit is received for the marsh restoration and enhat<cement port ion of the project, as it is located in Areas of Environmental Concern. AlI conditions of the Pcrnut. must be met. 11/18/2003 16:27 9102569926 LANDFALL PAGE 03/05 . g. The Public Health Pest Management Section of the Division of Environmental Health (252/726-8970) and the New Hanover County Mosquito Control Office (9101252- 2505) are contacted to determine appropriate mosquito control in the project area, h. The total authorized wetland impact of 83.5 acres shall not be exceeded for this and any subsequent development activities within the boundaries of the project. Sincerely, G. Wayne Wright Chief, Regulatory Division Enclosure Copies Furnished (without en.closure): Mr. C. Robert Stroud, Jr. North Carolina Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Exension Wilmington, North Carolina 28405 Mr. John Dorney. Division of Water Quality North Carolina Department of Environment' and Natural Resources 1621 Mail Service Center Raleigb, North Carolina 27699-1621 iI 11/18/2003 16:27 .9102569926 LANDFALL PAGE 04/05 - o w ?,, •w I x?. T x w px I ?'• f??.. go O XU N x ? v :I (? N I` X, / Can XK) I? r1, U xN ? W 4 ?s ? X? xu X N 7n XN K cn t 'Jill En t) Q F? sc O O lI M '' XN u o . ?t ? xN x .a w JIM f __ N 186000 II 11/18/2003 16:27 9102569926 r r'- yT i ii i w ux x? k sz ?W I I LANDFALL PAGE 05/05 Qw q: ?0> y CU -, >>J E C- W Q rv k -JJ O » I I'd 111; Z C, O ? J <g o? 93 R r- daj y NCgrntfj J ? - ? - i J CC; ? f?~ Ooi y? N LL } 01 z Zug ?b a 0 Z Y - W ?_ 0 U h 0I EJ I I + r r uo-GO-uL ua:la crom-1nt ,IUnY n NIUAUAMi wffitiiiYf uY? a1aboILib: 1-110 r. V.; F-0a4 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, COIFS OF ENGINEERS P.O. BAX 1890 VALLUNGTON, NOM CAROUNAze4c2-f89o October 5. 1998 GY MILT t+T lmm IQ Regulatory Division Action ID. 199603138 Landfall Associates Post Office Box 5368 Wilmington, North Carolina 28403 t Dear Sir: In accordance with your written request ofAugust 1, 1996, and the ensuing administrative record, enclosed is a Department of the Army (DA) permit to place fill material in a maximum of 83.5 acres of wetlands located in the headwaters of a tributary of Bowe Creek, in the Landfall Subdivision, for the development of a nine-hole golf course with 200 associated residential .lots, ' and the construction of retirement center, ili. Wilmington, New Hanover County, North Carolina. If any change in the authorized work is required because of unforeseen or altered conditions or for any other reason, the plans revised to show the change must be, sent promptly to this office. Such action is necessary, as revised plans must be reviewed and the permit modified. Carefally read your permit. Tae general and special conditions are important. Your failure to comply with these conditions could result in a violation of Federal law. Certain significant . general conditions require that. a.. You inust complete construction before December 31, 2001. b. You must notify this office in advance as td when you intend to commence and complete work. c. You must allow representatives from this office to make periodic visits to your worksite as deemed necessary to assure compliance with permit plans and conditions. I ,,; Y-1.15 F"04 r-ass 9193oi2289 " 178-28-uZ 09:13 Frcm-THE JOHN R MCADAMS COMPANY INC i E The enclosed Notice of Authorization, EPICS Form.#336, must be conspicuously displayed at your worksite. Sincerely, e.:- "Te?JLgb uth Colonel, U.S. Army ]District Engineer Enclosures Copy Furnished with enclosures: Chief, Source Data Unit NOAA/National Ocean Service ATTN: Sharon Tear N/CS261 1315 East-west Hwy, Rm 7316 Snlver Spring, MD 20910-3282 Cqpies Furnished with special conditions and plans: U.S. Fi.h and. Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North!,Carolina 27636-3726 Mr. William L. Cox, Chief Wetlands Protection Section - Region IV Water Management Division U.S. Environmental Protection Agency 61 FoxrA Street Atlanta, Georgia 30303 Mr. John Parker Division of Coastal Management Nom Carolina Department of Environment-and Natural Resources Post Office Box 27687. Raleigh, North Carolina. 27611-7687 Mr. Larry Hardy National Marine Fisheries Service Pivers Island " Beaufort, North Carolina 28516 9193612269 X16-26-02 09:13 From-Tht JOHN R MCAOAMS COMPANY INC DEPARTIMENT OF THE AR-Mly PEW. IT LANDFALL AS$OCIATF-S Permittee Permit No. CESAW-RG - Issuing office ercnittee or aay fu'are transferee. The terra used in this permit, means the p urisdx3ion over the permitted .? u„ sad its derivatives, of g,&eers having No'rN: The tow y° trict or division office of the Corps officer "this office' refers to the approPnate' under the Authority of the commanding activity office acting or the App pnaia pificial of that and conditions specsred below. You are authorized to Perform work in accordance with the terrna Project DescriPtion: Of 83.5 acres of wetlands for the development of a nine-hole, golf To place fill material in a maximum with 2i)0 associated residential lots, and the instruction of a retirement center. course ? . Project Location: f a tributary of Howe Creek, in the I-andfall Subdivision: in Wilmington, New in the headwateN'rth Carolina. Hanover County, pervzat Conditions: . Creneral Conditions: on find that you need 31 December ZU ! . If S encls on 1, The time limit for neat for a time extension to this office £or consideration at least completing the work, authorized more tirae to complete the authorized activity, submit your, req one month before the above date is reached. with the termAd condi- 2. You must Trit>In t in good condition and in Conformance al*ough you may make a e permitted activity, _ cease maintain you abandon th dons of this permit the activity authorized by this P?t in wit t. You are not relieved this require=ant with General Condition l belo ar. Shonld you fer to a third Pam i co 'er, you must obtain s m0dificAtion of a good faith trans or ?o,sld yon desire to abandon it vritbout a good faith transz the authorized Muir ch may require restoration of the Arad. this permit from this office, whi Ilsliirig the a?a??ity authorized by while acc=P . If you d''scover any previau?YIrnovin historic or archeological remains notify this ofnce Of Why you have found. e "?i Ible for Fed" and state in the National ?? r tins permit, You must imuiedi3tely o effort or if the site > d to determine if the remsi? warrant a rec very tion require or Historic Places. (93 C.pR S25 (ApPendzz )) EDITION OF SEP 82 IS 09SOI-ETE. ENG Fonm 1727, N- 116 08-ZS-uZ From-NE JOHN R MCAOAMS COMPANY 1AC MHI ZZ59 P. 061Z] r-?s:, e. Damage claims associated with any future modification, suspension, or revocation of this permit, 4, Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was nsade 1n reliance on the infomsationn you provided. 5. Reevaluation of Permit Decision. This office may, reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: 2, You fa7 to comply with the terms and conditions of this permit. b. The information pravided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). 'i c. Significant rneW Informations surfaces which thin office did not consider in teaching the original public interest decision. Such a reevaluation sway result ass .x determination that it is appropriate to use the suspension, modification, and revocation procedures contained In 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5, The referenced enforcement procedures provide for the issuance of an administrative order requiring you to Comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply, with such directive, this office may in certain situations (suck as those specified in 33 CFR 209;170) accomplish the corrective measures by contracts or otherwise and bill you for the cost 6, Extensions. General condition 2 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt compFetion of the authorized activity or a reevaluation of the public Interest decision, the Corps wilt normally give favorable consideration to a request for an extension of this time limit. Your si below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit, (PER. EE) r (DATE) LANDFALL ASSOCIATES POST OFFICE BOAC 5368 WILMINGTON, NORTH CAROLINA 28403 This permit becomes effective when the Federal official, designated to act for the Secretary of the Array, has signed below, (DISTRICT FsNGJNEER) (DATE) TERRY R: YOUNGSLUTH, COLONEL, EN When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this penznit will continue to be binding on the new owner(s) of the property. To validate the transfer of ties permit and the associated liabilities associated with compliance with its taz2T1S and conditions, have the transferee sign and date below, - (TRANSFEREE) (DATZ) *U.& GOYE.gNMENT PRINTING CfFi 1888.-71T-4:5 uo-40-u4 f0411-1 nc Junit/ it irl.AUAhia k-unirAN( IIlu aaoI[iby 1-1 10 r-juzI r-aa5 SPECIAL CCNDFITONS • - f L All work authorized by this permit must be performed in strict compliance with the attached, plans, which are a part of this permit 2. During, constraction of the residential development and the retirement center, including the location and alignment of infrastructure (including roads, utilities, drainage, eta.) measures Will be taken to further avoid and mi i? c adverse impacts to wetlands, including impacts associated with drainage, to the maximum extent practicable. 3. Before any work in wetlands begins, the pemuttee and their golf course contractor will meet onsite with ,a representative of the U.S. Army Corps of Engineers (Corps) and other regulatory agencies to discuss measures to be taken during construction which will result in further avoidance and miniY221on. 4. Wildlife travel corridors, in the form of undeveloped lots, linear roughs along golf fairways, or jogging or bike trails between preservation areas shown in Figure I of the Plans and the Howe Creek riparian corridor will be established in perpetuity. Conservation easements acceptable to the Corps will be established to preserve these corridors iu perpetuity. These corridors will be in addition to the corridors proposed by the Alternative 4 plan for preservation outside the golf course corridors. 5. The applicant will incorporate measures into the design of the golf coarse which are consistent with the Audubon Cooperative Sanctuary Program, (ACSP), including water conservation, integrated pest management, and wildlife and habitat management 6. Through wxi'tten guidelines, the applicant will provide Landfall Club (the future owner of the golf course), or its successors, information consistent with the ACSP on long term management of the new golf course. 7. All mitigation measures, as detailed in the "Compensatory Wetlands N itigation Plan for Wetlands Impacts Associated with the Completion of the Landfall ComumUnl y, New Hanover Couxit<y, North Carolina" (Plan) dated August 26, 1997, shall be completed as further detailed below: a. The permittee shall convey a conservation easement, acceptable to the Corps, over the 152.6 acres of wetlands to be preserved within the project area to the Northeast New Hanover Conservancy, within 60 days of the commencement of any permitted work. The permittee will provide a copy of the recorded easement to -the Corps as soon as possible. b. 'le permittee shall convey a conservation easement, acceptable to the Corps, over the 210.8 acres of predominantly marsh laud along the Atlantic Intracoastal Waterway (AIWW) to the Northeast New Hanover Conservancy within 60 days of the commencement of any permitted work. Subsequent to the recording of the conservation easement, the permittee shall convey its remaining interest in the property to the State. of North Carolina. The perrnittee shallprovide copies of the recorded conservation easement and deed as soon as possible. Os-Gs-UL 09:14rrom-fhii JuhV K MCAOAMS CVITFANY INC ON56i[[6y ! i-ti5 r•tioi?i r-o?5 -2- c. Initial mitigation measures on the 104 acre woodland restoration site in Angola Bay, Dublin and Pander Counties, as outlined in the Plan, will be completed by April 1, 1999. d. Success criteria for the Angola Bay restoration site will be monitored for five years and annual (or more frequent) monitoring reports will be submitted to the Corps, the U.S. Fish and Wildlife Service, the North Carolina Division of Water Quality, and the North Carolina Wildlife Resources Commission. If the vegetative success criterion of 320 trees per acre, as specified in • the Corps' "Compensatory Hardwood Mitigation Guidelines" and in the project mitigation plan, is not met in any year, the permittee will submit, to the review agencies,.a determination as to the necessary corrective action{s) to be taken. After agency approval, the action(s) will be iinplernentetl and the five-y= monitoring period for vegetation. will restart. If the hydrology success criterion is not met in any normal year, the permittee will submit, to the review agencies, a determination as to the necessary corrective action(s) to be- taken. After agency. approval, the. action(s) will be implemented and the permitter- will continue monitoring hydrology until performance criteria have been met during a normal year, e. Upon review agency,concurrence that the Angola Bay restoration site has become a viable woodland in; keeping with thc?pIan, the permittee will deed the site, including public access, to the North Carolina Wildlife Resources Commission. The permittee shall not otherwise convey any interest in'the Angola Bay restoration site without the express written consent of the Wilmington District Engineer. 8. The temporary placement or. double handling of excavated or fill matedais within waters or vegetated wetlands outside the footprint shown on the permit plans is not authorized. 9. No excavated or fill material will be placed in any location or in any mariner so as to impair surface water flow into or out of any preservation area.. 10. All conditions of the Water Quality Certification, #960792, issued by the North Carolina Division of Water Quality on June 6, 1997, (attached) are conditions of this permit. 11. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required StateTederal coordination. 12. If required,, a' Sedimentation and Erosion Control Plan is submitted to and approved by the Division of Land Resources. Sedimentation and Erosion ContioI Plans must be submitted at least 30 days prior to the initiation'of land disturbing activity. 13. The applicant shall contact the local public health department regarding mosquito control in mitigation sites. 14. This Department of the Army permit does not obviate the need to obtain other Federal, State, or local authoriz dons required by law. U6-4G-U4 4o: 14 ffCM-fn7 JUi11V K nit.AUAM: ?VVitAiif ml. i CIa301LL0C i•UC/LI tggtsb3?3? LANDFALL LlxDi'" dssactz7E; DAM LOCAMON MAP FOR THE LANDFALL C0,4MMITT EN-VIRON'MENTAL C0N5UITAA'FS LANDSCAPE ARCHi?I3GTti[2E/Al l\?1?\C - CZR INTCORPORATED PAT0N/ZUCCHII?0 & ASSOCIATES. P.A. " WILMINCTON, N.C. RALEIGH. N.C. uc-co-ac u?;io rrom-;rc BONN K MCAOAMS COMPANY ANC 9i935i2255 i- H5 P.ia/Zi. F-633 t 1 08-28-02 09:15 f? from-THE JOHN R KADAMS COMPANY INC 9193612259 I T-116 P.il/Z1 r-8?3 (-Z 3? r?• i? , T i_ 5 M1~t. t i It •;, ?j. o ?`; ,r:! .!per ' . 1! M •• -_? `? - yam. •?? ?l• ••? .iii Ar" towo2 an sr[ rzw>?tton r•[? cvaxt ?? l.I• f 1 • f ; L : ? l _- ?. .\• , - - ? . - :x as cFws ? •. ? "- q^•a. .r ?"via` `4 j f? -?: :. ,` . ?y1 • _. ..(..........?3X`?3a4'-?-d 1?? cucrxL ? /MC _NT $'?r$l]_ ??:w-.h \•, S.Y. N61P1 ? 1 ' a u 1 rsf -- MwMi ' s j - - ! r : 'r. ...-. L TRACT S= 415 AM Wa `;?F?`.L` • . t•{I'•: r?_ .: `ti'r ••t? 17 :]DL7.'1C? lOt :.M(13Y 'aES.lias p l' r 3 r i , G?,??, ?`.._ t:t •?'?':S'?ri' nr kAI?a 174 LOTS rrw au.un een wcs ?!Tf?1OR LOTS 25 um ' ? .•; ' ? _"+•? _ ; 1 TUTACITS 200 LOTSe ?.F r ??'??. •• -? s ' ,x r, r = i t -c --' ? -?r F av acs?c ?seooa ? :35 _ ,Lf11tt5QGlALfiY k _:; YrEffJ QS 71?AL7 BS.S AG4E5 W • y /• t ?'? ??* : P 5J _ y.? -:?' ''.rte, HCH GLlALIT7 ILAA? WMM= .YCY =CS ? y XYIL j ~ / C Y ?' KE7Lu305 3tPACT d ACitES 'r.cm W,,,, Ir OOV 70TAL 14hANDS WALT 83.5 ACRfS ?+cz ZL ? f t e f ?<f ?' L'? 11 ?LANUS 1? # Q Y =ES . = ? r i. ? ( N i - A 2 ?.t ?,?r 3 a m a?. ? ca 9 FSOPOSE) ACT" LANDFALL ,a?-r?arv- 4 r VUWIYC.QK Ka ?a LLIWA= AZ=OC. T= ENY?ZGN 'TAL CONSULTANTS IdND5C1pS 1RC:?ECPrIP$/PTAMNZiG PATQN 7UCCMN0 d 3SSOCL P A T'ZZ CZR FlPFe / o . . , 4 INCORPORATED : ? 1rF1.L?`rGTON, N.C. i BALETG;$ N.C. . uo-ec-:[ ub:IDl rrom-fhE JUril ri MCAMAS COMPANY iN ai?ooi2Zh? I i-115 P.i2/ei r-53s" COMPENSATORY WETLANDS MITIGATION PLAN FOR WETLANDS IMPACTS ASSOCIATED WITH THE COMPLETION OF THE LANDFALL COMMUNITY, NEW HANOVER COUNTY, NORTH CAROLINA Prepared for: LANDFALL ASSOCIATES Wiimington, North Carolina Prepared by:_ CZR INCORPORATED Wilmington, North Carolina 26 August 1997 yo-co-U4 0:1 o" rrom-int juhiY k kCAvAM4 l:uMMAY 111C a1 ?61`[Zo? -ily i'.I3/ZI r-633 COMPENSATORY WETLANDS MITIGATION PLAN FOR WETLANDS IMPACTS ASSOCIATED WITH THE COMPLETION OF THE LANDFALL COMMUNITY, NEW HANOVER COUN'T'Y, NORTH CAROLINA 1. INTRODUCTION T hoe proposed project (Alternative 4) to complete development of the Landfall Community will impact 83.5 acres of love quality wetlands within the 415-acre project site. The wetlands impact areas include 75.5 acres of pine flatwoods, 5.1 acres of pond pine woodland, 2.7 acres of disturbed herbaceous assemblage, and 0.2 acre of mixed pine/hardwood forest. These wetland areas are on hydric soils, primarily includingTorhunta loamy fine sand, Murville fine sand, Leon sand, and Pantego loam. j Nin6ty-six and a half percent of the wetlands to be impacted include pine flatwoods (75.5 acres or °0.4 percent) and pond pine woodland (5.1 acres or 6.1 percent) which are of low duality. The North Carolina Department of Environment, Health, and Natural Resources, Division of Water Quality (DWQ) has developed an approach for evaluating wetland values using a Worland Rating System that place?- strong emphasis on protecting water quality. DWG representatives (John Domey and Cherri Smith) visited the Landfall Community on 27 July 1994 to calculate wetland values for sites representative of the wetland communities, and the lowest values were for pond pine woodland (27) and pine flatwoods (20). To compensate for the 83.5 acres of low quality wetlands to be impacted by Alternative 4, Landfall Associates will provide a combination of 1) preservation of a major portion (37 percent or 152.5 acres) of the 415-acre project area, 2) preservation of 210.8 acres of predominantly marshland adjacent to the ,Atlantic Intracoastal Waterway-(AIWW), and 3) restoration of 83.5 acres of prior-converted croplands. Section 5.3.22 (pages 5-5 through 5-8) of the "Environmental Assessment Report for the Completion of the Landfall Community, New Hanover County, North Carolina" (Landfall Associates et al. July 1996) outlined the original compensatory wetland mitigation plan proposal for the project. Based on State and Federal agencies' comments, the compensatory wetlands mitigation plan has been revised to include both additional preservation lands and additional restoration of prior-converted croplands. The specific mitigation plan components (including the location and description of the lands to be preserved on Landfall and the prior-converted cropland site to be restored in Pender County, the disposition of mitigation lands,. and the monitoring of restored prior-converted croplands) are detailed in the following sections. t . r Il, PRESERVATION MITIGATION " A. Preservatian Within a q 15-acre Project Area. As part of the Alternative 4 development planLandfalf Associates will preserve;152:5 acres, or 37 percent, of the 415-acre project area. This area will be subjected', to a deeded conservation easement in favor of the Northeast New Hanover Conservancy. The 152.5 acres to be preserved are shown in Figure 1 and include 146.4 acres of wetlands and 6.1 acres of interspersed uplands. This is in addition to 6.8 acres, of the" project area already set aside by a conservation easement. in the coastal plain small stream swamp along Howe Creek. The coastal plain small stream swamp, bay forest; and nonriverine wet hardwood; forest communities were determined to be of higher quality compared to other wetland communities within the project area. All 31 adres of these communities are included in the preservation area. The coastal plain small stream swamp was rated the highest by DWQ. The bay forest and wet hardwood forest are relatively undisturbed communities within the project area and represent communities ?identified by the North Carolina Natural Heritage Program as rare and/or communities threatened with, degradation. All of these communities are along stream courses, natural depressions and ponds, or drainage ways. g, Additional Pre!seryation of Marshlands Landfall Adjacent to the is lnfracyastal Wa erway. In addition to the preservation within the 415-acre project area, Landfall will preserve an'; additional 210.8 acres of predominantly marshland along the AiWW (Figure 2). ?,n agreement between the State of North Carolina and Landfall Associates was signed on 19 May 1997 to convey to the State of North Carolina Landfall's fee interest, subject to a conservation easement, in approximately 210.8 acres The agreement provides that Landfall will, after receiving the necessary authorization for work that is the subject of the 404 permit application, issue a deed of conservation easement to! the Northeast New Hanover Conservancy to preserve and protect the area. 2 Vc-cO-UC ua:,r?I, rroirrInc uUnfl r M.AVANIJ WMM11 fflC 31dJbILLO? ;?, I-11? r•1012I f-OJJ j + t , e c LANDFALL rzLxwCTDN.: L,G LjU?? [wr(OFALL AS,'t7Ci1. r""S. PRESERVATION AREAS WITHIN THE 415-ACRE PROJECT; AREA ENVIRONMENTAL CONSULTANTS LANDSCAPE ARCMnC;T1:P.E/PLArNIKC M. INCORPORATED I PATOR/ZGCCHI?D do ASSOCIATES. P.A ITILMINGTON, -I,C. RALEICB, SX. 3 =AS ACRES ACRES ACRES 0 Fur 4A OF 9 um XLr =.9d 1 kr' - • r d j • 6 I IRk Ap ¢pb ? etet`ynd??3ppl? l: ? tiL?yY YFQ ! f S • ? ti 3r i p r??[Z, 8? ? g S ? . J 3?N A 6? 9d G9g I ( S [Y6? a 9 i?I1ba?i? ? ? ? t?eilG , Y [ p - S jrx :3 1 F C ?lS? z• d?EYT it s S qg?? S Is Y1_ s tl S ! I? - N m O ?y ?Q ''t O QZ z' OV 2 LW Qua W Q d ? r rL U z N I ? ; _ z ?? J ? ? s• Q i ? ? S a 3 ;?}aq??ptt?ti y b Y g og a? a.?s i 't uo-co-uG ua:ia` rrofa-Irt JW11 tt NICAvntilJ l.uowkit iil aiyo01LLo8 ?, i-Ily P-1 /tl r,-oJJ Ill. RESTORATION OF PRIOR-CONVERTED CROPLANDS In addition to the above-described preservation of a major portion of the project site and the marshlands along the AiWW, Landfall Associates will restore 83.5 acres of prior-converted cropland to replace the functions and values of the low quality wetlands impacted by the proposed project. The area to be restored is a prior- converted cropland site adjacent to the Angola Bay Game Land in Pender County (Figures 3 and 4). This prior-converted cropland is on Croatan muck solls along the upper headwaters of Angola Creek. The cleared field. area appears to have been a transition area between the Angola Creek bottornland hardwood community and the adjacent Angola Bay Swamp dominated by pocosin. The prior converted croplands located 'on Farm Service Agency (FSA) tracts 70842 and 70841 were mapped by the National Resources Conservation Service and were verified by letter dated 8 August 1996 to; Mr. John W. Taylor from Mr. Kettrell Strickland, County Executive Director, Uuplin County Farr, Service Agency, U.S. Department of Agriculture. The prior-converted croplands area is under contract and approximately 1Q0 acres will be purchased by Landfall Associates' agent upon acceptance CT the site as suitable,by the U.S. Army Corps of Engineers and the North Carolina Division of Water Quality. Landfall's environmental consultant, CZR incorporated, will then 1) begin.the restoration design for the area, Z) arrange for a contractor to plug and fill ditches and canals, break down field 'crowns, and do any other earthwork required to restore wetland hydrology to the site in mid-1998, and 3) obtain" suitable tree species (most likely a mixture dominated by hardwoods) to be planted as bare root seedlings in late winter (probably February) of 1999, In February and early March 1999, CZR will install shallow monitoring wells and continuous monitors to measure site hydrology, and establish vegetation transacts to monitor vegetation survival. Upon completion of the restoration area planting and the installation of wells and transacts for monitoring, CZR will prepare an as-built report for submission to the Corps and the N.C. Division of Water Quality. To determine "success" of the restoration efforts, the restored prior-converted croplands will be monitored for a period of three years. The restoration site already has hydric soils, and the other. two criteria to be met for the areas to be wetlands according to the Section 404 jurisdictional criteria in the Corps of Engineers Wetlands Delineation Manual include 1) vegetation and 2) hydrology. The success criteria for each of these are presented below, and correspond to those proposed by the Wilmington District in the 'Compensatory Hardwood Mitigation Guidelines:n Ve e . Landfall Associates' prior-converted cropland hardwood wetland restoration areas will be planted with a diversity of hardwood species 5 4F ,i Figu ' re 3. LOCATION OF THE PRIOR-CONVERTED CROPLAND RESTORATION AREA. 1 j d i z 3 -^--)P - 2 1 T C ?Dm proA D M Q T > Caro p00 Dn? -s o > < O Dz0 m m M - m - Dacn _rcc-ui ?a:'ar NOITI-Mr QUM K PA.AUAC4 W&WA'M ANC ?iaooi[2o8 i-1 13 r-o3" ' Y (more than six species). In acoordance with the Wilmington District's "Compensatory Hardwood Mitigation Guidelinesthe site design for tree composition will include a Minimum of six hardwood species with .no more than 20 percent of any one species. Vegetation success will be monitored for three years with vegetation transects scattered throughout the restoration area. Success will be measured by tree survival and species composition. Average tree density on the area of restored prior- converted cropland will be at least 324 planted trees per acre at the end of the third growing season. At least six species of planted hardwood trees will be present on the area of restored prior-converted cropland at • tie end of the third growing season. Bald cypress and pond cypress will be considered hardwoods. 4 The hydrology modifications made on the prior-converted croplands area restored to hardwood wetlands are designed to restore the natural hydrology of the area. On this.area, the restored hydrology should meet or exceed the level of 12.5 percent of the growing season as specified in the Corps' "Compensatory Hardwood Mitigation Guidelines." A water table within 12 inches of the surface will be considered an indicator of saturation to the surface. When the restoration area is judged successful after the three-year monitoring period, Landfall Associates will deed the land (or assign a conservation easement) -to ,an acceptable government agency or private conservation group. Since the area is adjacent to; the Angola Bay Game Land, it would be reasonable to deed the land to the North Carolina Wildlife Resources Commission for inclusion in the Game Land. 8 uo-to-u? vy:ci rrom-fhE JOHN R MCAOAMS COMPANY INC 9193812269 T-115 P-21/21 F-833 United States Army Corps of Engineers October 5, 19 98 place fill material in a maximum of 83.5 acres of wetlands for the development of a nine--hole golf course with 200 associated A permit to residential Lots, and the construction 'of a retirement center Bt An the he4dyprers o a Crib Mary of Howe Creek in the I andfal] Subd in Wilm4Z ton, LTew Hanover County, North Carolina. has been issued to Landfall Associates on Oct. 5, 19 98 Address of Permittee Post Office Boy: 5368 Wilmington, North Carolina 28403 Permit Number ACTION ID.,,. 199603138 District Commander TEM R. YOLIMBLUTH COL, EN ENG FORM 4336, ,JUI 81 (33 CPR 370.330) E01T1ON OF JUL 7-0 MAY sE USED Wroponinc: csGw-0) 204 8 DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 (http://www.saw.usace.anny.mil/wetlands/regtour.htm) Action ID No. 200400192 November 18, 2004 PUBLIC NOTICE Landfall Associates, LLC, attn: Mr. Ken Kirkman, 100 Estates Way, Cary, North Carolina 275,13, has applied for a Department of the Army (DA) permit TO DISCHARGE FILL MATERIAL!INTO 1.57 ACRES OF SECTION 404 WETLANDS ADJACENT TO HOWE CREEK, A TRIBUTARY TO THE ATLANTIC INTRACOASTAL WATERWAY, ASSOCIATED WITH THE CONSTRUCTION OF THE LANDFALL RETIREMENT CENTER, LOCATED ALONG THE NORTHEAST SIDE OF OLD MCCUMBER STATION ROAD, EAST OF MILITARY CUTOFF ROAD, IN THE LANDFALL DEVELOPMENT, IN WILMINGTON, NEW HANOVER COUNTY, NORTH CAROLINA. The following description of the work is taken from data provided by the applicant and from observations made during a site visit by a representative of the Corps of Engineers. The project site is comprised of an approximately 45-acre tract in the Landfall development property. This tract includes approximately 1.57 acres of jurisdictional wetlands. Plans submitted with the application show permanent impacts to 1.57 acres of jurisdictional wetlands associated with construction of a retirement center. Prior Corps of Engineers permitting of impacts to jurisdictional waters at the Landfall Development include the October 5, 1998 Individual Permit (Action ID #199603138) for 83.5 acres of impact to jurisdictional wetlands for the development of a nine-hole golf course with 200 associated residential lots and the construction of a retirement center. On October 3, 2000, the Corps of Engineers issued a modification to this original permit for 1.57 acres of additional impacts to facilitate the construction of the retirement center. Subsequently, this permit expired on December 31, 2001 and the work on the retirement center never commenced. The applicant is now requesting re-authorization of this previously permitted wetland impact of 1.57 acres. The current use of the majority of the project area is undeveloped and the Landfall Associates golf course designers have utilized this area over the recent years as a soil and plant stockpile area and nursery irrigation zone. This project area also contains approximately 1.57 acres of pine flatwood wetlands, which according to the applicant, were historically disturbed during the initial construction stages of the Landfall development. The surrounding land use is a mixture of residential development, a golf course, and conservation areas that include jurisdictional wetlands and Waters of the United States. D NUV 2 3 2004 DENR - WATER QUALITY nANDS AND STORVQi BRANCH Proposed impacts to jurisdictional wetlands and waters are associated with construction of a retirement center. Plans for the project include the proposed placement of 5700 cubic yards of fill material for the development of a retirement center. Plans showing the work are included with this public notice. The proposal also includes a description of the previously submitted and approved Wetland Mitigation Plan (Special Conditions of Individual Permit Action ID#199603138) that includes: (1) Preservation of 152.6 acres of non-riparian, Pineflat/Pocosin wetlands on-site; 2) Preservation of 210.8 acres of marsh wetland adjacent to Howe Creek and the Atlantic Intracoastal Waterway; (3) Restoration of 100 acres of non-riparian wetlands located at the Angola Bay/Taylor Farm in Pender County, North Carolina. Additional mitigation was required for the 1.57 acres of wetland impact previously authorized through the Permit Modification referenced above. This mitigation included: (1) Preservation of 1.57 acres of non-riparian wetlands on-site; (2) Preservation of 2.05 acres of uplands and pond on-site; (3) Restoration of 0.15 acres of tidal marsh on-site. All mitigation conditions for the original permit and subsequent permit modification have been completed. This proposal shall be reviewed for the applicability of other actions by North Carolina agencies such as: a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act by the North Carolina Division of Water Quality (NCDWQ). b. The issuance of a permit to dredge and/or fill under North Carolina General Statute 113-229 by the North Carolina Division of Coastal Management (NCDCM). c. The issuance of a permit under the North Carolina Coastal Area Management Act (CAMA) by the North Carolina Division of Coastal Management (NCDCM) or their delegates. d. The issuance of an easement to fill or otherwise occupy State-owned submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11, and 146-12 by the North Carolina Department of Administration (NCDA) and the North Carolina Council of State. 2 e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality Section, North Carolina Division of Land Resources (NCDLR), pursuant to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66). The requested Department of the Army (DA) permit will be denied if any required State or local authorization and/or certification are denied. No DA permit will be issued until a State coordinated viewpoint is received and reviewed by this agency. Recipients of this notice are encouraged to furnish comments on factors of concern represented by the above agencies directly to the respective agency, with a copy furnished to the Corps of Engineers. This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. The District Engineer's initial determination is that the proposed project would not adversely impact EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. This application is being considered pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The applicant has not provided a certification that his proposed activity complies with and will be conducted in a manner that is consistent with the approved North Carolina Coastal Zone Management Plan. The Corps cannot issue a permit for the proposed work until the applicant submits such a certification statement to the Corps and the State concurs with that certification statement. The District Engineer has consulted the latest published version of the National Register of Historic Places for the presence or absence of registered properties, or properties listed as being eligible for inclusion therein, and this site is not registered property or property listed as being eligible for inclusion in the Register. Consultation of the National Register is the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. Presently, unknown archeological, scientific, prehistorical, or historical data ],May be lost or destroyed by work under the requested permit. The District Engineer, based on available information, is not aware that the proposed activity will affect species, or their critical habitat, designated as endangered or threatened pursuant to the Endangered Species Act of 1973. The decision, whether to issue a permit, will be based on an evaluation of the probable impacts, including cumulative impacts, of the proposed activity and its intended use on the public interest. Evaluation of the probable impacts that the proposed activity may have on the public interest requires a careful weighing of all those factors that become relevant in each particular case. .The benefits that may be expected to accrue from the proposal must be balanced against its foreseeable detriments. The decision whether to authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore decided by the outcome of the general balancing process. That decision should reflect the national concern for both protection and use of important resources. All factors that may be relevant to the proposal must be considered including the cumulative effects of it. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (according to Executive Order 11988), land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the placement of dredged or fill materials in waters of the United States, a permit will be denied if the discharge that would be authorized would not comply with the Environmental Protection Agency's 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer decides that it would be contrary to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials; Indian Tribes and other interested parties to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to decide whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also used to decide the need for a public hearing and to decide the public interest of the proposed activity. Generally, the decision whether to issue this Department of the Army (DA) permit will not be made until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The NCDWQ considers whether the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The application and this public notice for the Department of the Army (DA) permit serves as application to the NCDWQ for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Wetlands/401 Unit, NCDWQ, 2321 Crabtree Boulevard, Raleigh, North Carolina 27604-2260. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction cost. All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1621 Mail Service Center, Raleigh, NC 27699-1621, on or before December 6, 2004, Attn: Ms. Cyndi Karoly. Written comments pertinent to the proposed work, as outlined above, will be received in the Corps of Engineers, Wilmington District, Wilmington Regulatory Field Office, Attn: Ms. Jennifer Frye, Post Office Box 1890, Wilmington, North Carolina, 28402-1890, until 4:15 p.m., December 20, 2004, at telephone (910) 251-4923. r i \ \ +- 1 \S? - \ l ., ?+ f v { iN .A ? It7 .?? 13 J ce 5 VS.S, Nil. lACa `"SZrleshro?A - A• [ S - \\A t 1 j ? - \ G y h ?a T \ E Map Source: DeLorme: North Carolina Atlas and Gazetteer., 1997 p. 84. SCALE 1" = 2.4 miles Land Management Group, Inc. Landfall Tract Environmental consultants New Hanover County, NC Wilmington, N.C. Site Location Map 01-03-301 October, 2003 r.• P p / ?? f" .C ! 71 ?? ? J nJt ? .. ; =C.qy- Y ?. f \ \?`. t r'•nx? L l?/\?.! ? t,?_J '.., \ J6 t.: i--Y? I t-) e? ..' ? 4.0•?.. ,' fy.i 132 r-• j-.? _ ) j o l r ? ? 5 r ,. Sp w 1 • t r o \ !+a ? _ ? a a 17 r 44 r 1 ti t uy " C_ r+n? x ..:L?'?,w _?? i ?a 3ti'., s.3. .ci- r J. r..: --JL;_ t?`Cl 6•_f,?? ?., y l ,t} \i ?1,•:T + }' .? t ' S 4?..t i»^ C. ra _TIDAL rt ? t ?, .I + r t? 7 r1 ??. ,, is .t?!.~ 7t ?` K/ I ?r tai .._ 1y ?, ..rte 1 (,(.`S'am'' _ • ` + ?y .i l ! s w? ! 1 1^? V=t? °? t ?+ r ?"'E'2 }s- - x n ?iti 2e} + ,.,s1?lt F .-. r ? • ? ? ? ??[.j "` +t '"¢ nxr. ? +. >, ti s. ? r? •;? ? ? H? ?+"13' Ta). Y?i ? ??r' ? ti * t?-.,',.?4ttw Y? '?-z;..; ~ r' i -. \'r t! ,:'• `: `Lt -t' -?"`"+? 71 Moo 6, { ` a4 SITE 1 ?'I t ti C/ h,, Dui r 4Ah { Z, il? f lJ 1' (t J . 1t j a r VILL 5 C e'?,a + „??,y?? {tom( f __..-2`?•?- r3 l ' 1???/r?rt?,= ??f . I ' ? .'?k? '. i „ ?J f ?; Jj fJt, i ^ 4 }`T `?.Y?T :?i •- ?. ?t Y 0.i taw ;i? f kvt" i?e X11 ?`? ,r.? 1,,?r< LL'?'- V ?,..,+ /' r ^-c ? L e : ?? ?a?`•F t+1'?, r tJ r(P + F - k 'l?? ? ' ._. y 9 r G? I X?l *{ t, r a , e T? F.r r ? ? Z ? ?.+. "` 7j+.^. {ice? ?? F 7sb-x?. ?..` ?c.: r ,?•-F 56WAG6? ?? ? 2" Y vi ,r,.5}{ ;•.T `?1r\ ?? y +t">.i t+ to 't 1 .•'F 4 + ,? .'/ 'te=e' _,1b'S 15` ???ab r, l Boundary information taken from "Landfall - A Legacy Of Luxury - The Master Plan" Real Estate Brochure. Boundaries are approximate and not meant to be absolute. Map Source: Wrightsville Beach and Scotts Hill USGS 7.5' SCALE 1" = 2000' Topographic quadrangle, 1970. Land Management Group, Inc. Landfall Tract Environmentd consultants 1970 New Hanover County, NC Wilmington, N.C. 7.5' Topographic Quadrangle 01-03-301 October, 2003 Boundary information taken from "Landfall -A Legacy Of Luxury - The Master Plan" Real Estate Brochure. Boundaries are approximate and not meant to be absolute. Map Source: Wrightsville Beach and Scotts Hill USGS 7.5' Orthophoto quadrangle, 1980. SCALE 1" = 2000' Land Management Group, Inc. Landfall Tract Environmental consultants 1980 New Hanover County, NC Wilmington, N.C. 75 Orthophoto Quadrangle 01-03-301 October, 2003 U (6 ti r L cu a? N 'l U cu i L CIO U 0- .6-0 -O-J ? a) ^E a' L (W N ca 4- 0 cu J 11 ? ? ?N6• ? 'o?w n gam/ f \ r/ / a / L / a •rr r ?? 8-EFR zsz we ' ? / ? R 3 Ttj Fi y ? SC s9 l 11 vi ?a a) E L Q- >1 CU O a) > L- a) (u L N Q E O U C N O N cu .C E L Q. cu L c O m rn C6 _m M O m rn rn 0 U Qi N .O E N Q Z. N 7 O a. CL 11!18/2003 b:Zf II' r.: r. '3 r_ _M Q. Cl) a / a ^X ^W L'' ) `J J •i-! O N co Q cu cu co c 0 4- s_ i? g O Lu " mg ? o> tfA ? E0 J CO) r d 66 .f-• cu C r ' r ? Nil. ! I { .xi O ? ?o Y z W I l y3.f7•L?b7?GO ?.e-vw, e•w?.. 11/18/2003 16:27 9102569926 LANDFALL PAGE 04/05 . .r o l - 1 XW W Xw w i / u xY ?- x-A lk X" XN co W V • N x?. "fu .. XN a bo 'n x" x xu a ,4:1 N 186000 zc? ?, \ n I t y ;. 0 N z 4 D .y !! 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N ? • ? ?-- - - ''' ? ?f?.,,_ ?: :? ?`>'- ? _-?------ a ----- -.-.,1---•ah•- • H3380 3MOH K ;fit a o JA M 1, l ? Q "Mot 05 Ofi-28-02 09:iS Ffam-THE ,JOHN R gADAMS CCIMPANY INC 9193612269- . ORIGINAL S1 TE PLAN 1;s t G L° d loW e t-"?a j?,r wry a '\ fZ F ,J e , 4t, -` t 6` \ ?•i$el •f i / i 7-116 P.11/21-333 60WA t L r? I .+Mc 3 VRAM; TRACT 4-15 AMES ??+ayOR?Lam 174 L= ` TOT N 200 L= • ' CMALqy T 0 AMES v+c tb 1DTAL 1S?ZI? 1{AaAL7 as A= ) +a+cz ? mcr ? ftMAXDS 15_-2 AC= ACTION f ? - . X- `NATIYE 4 n z? W.. i L 1-4 it ; s ? J ?'- LA ,,_NDFd p ?S?Lr11 v urn M?-? M72oh'M1:I GONSU3,TA.NM CZR INCORPORATED gTON ZIIC ?7 ]?iPIGTON, ti.Gy+r?$?p? CmNQ & 3SSt3CLSfi?S. - c :