20040022 Ver 1_COMPLETE FILE_20040107

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
May 12, 2006 D h?a%aI
Mr. Henry Wicker MAY 3 ®2006
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office W WSJ AALIBR"Ii
P. O. Box 1890
Wilmington, North Carolina 28402-1890
Subject: Action ID # 200400321, Dale Enterprises, Oak Island, Brunswick County, NC
Dear Mr. Wicker:
This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject
Public Notice (PN), dated April 7, 2006. The applicant, Mr. E. G. Dale, has applied for a Department
of the Army (DA) permit to fill 0.06 of an acre of freshwater wetlands to construct a single-family
residence. The proposed work is being considered under Regional General Permit #198000291, a
permit/processing agreement for work that has been approved pursuant to the North Carolina Coastal
Area Management Act (CAMA). These comments are submitted in accordance with the Fish and
Wildlife Coordination Act (FWCA) (48 Stat. 401, as amended; 16 U.S.C. 661-667d). Comments
related to the FWCA are to be used in your determination of compliance with 404(b)(1) guidelines
(40 CFR 230) and in your public interest review (33 CFR 320.4) in relation to the protection of fish
and wildlife resources. Additional comments are provided regarding the District Engineer's
determination of project impacts pursuant to section 7 of the Endangered Species Act (ESA) of 1973,
as amended (16 U.S.C. 1531-1543).
Project Area, Proposed Actions, and Anticipated Impacts
The project area, proposed work, and anticipated impacts are described the Field Investigation Report
(FIR), dated March 13, 2006, of the North Carolina Division of Coastal Management (NCDCM).
The project site is a 0.22-acre lot (Lot 2) located between East Pelican Drive on the south and
Montgomery Slough, a tidal tributary of the Atlantic Intracoastal Waterway (AIWW), on the north.
Moving north from the uplands along E. Pelican Drive there is a strip of freshwater wetlands, an
upland berm varying in width from 10 to 35 feet, and a narrow zone of coastal wetlands adjacent to
the slough. The jurisdictional wetlands that would be impacted are predominantly vegetated with
Atlantic white. cedar (Chamaecyparis thyoides), wax myrtle (Myrica cerifera), cattail (Typha
latifolia), and spiralis, also known as soft rush, (Juncus effusus).
The lot addressed by the current PN is part of six lots which were proposed for some fill by an earlier
PN issued on January 30, 2004. The Service provided comments to you by letter dated February 26,
2004. According to a Project Narrative with the current PN, Lot 2 was removed from the earlier
permit application due to the lack of an approved wastewater system. The narrative notes a
wastewater system has now been designed and improved for Lot 2.

2
The applicant now proposes to fill 0.058 of an acre of wetlands north of the upland area adjacent to
East Pelican Drive. Fill material would be taken from the berm running across the northern portion
of the lot. This berm, characterized'by dredged material, serves to divide the freshwater wetlands
from coastal wetlands adjacent to Montgomery Slough. The berm which is now 10-15 feet wide
would be reduced to five feet in width. The Project Narrative states that the NCDCM has requested
that the narrower berm remain to serve as a protective barrier between the coastal wetlands and
potential runoff from the development.
The applicant proposes to provide compensatory wetland mitigation through on-site restoration, a
payment to the North Carolina Ecosystem Enhancement.Program NC EEP), and on-site preservation.
On-site restoration would consist of restoring freshwater wetlands (0.01 of an acre) in the area
uncovered by removal of spoil material from the berm. Off-site restoration of 0.25 of an acre of non-
riparian wetlands is proposed through payment to the NC EEP. This would represent a total of 0.26
of an acre of restoration, or a ratio of approximately 4.5:1. Furthermore, the restored wetlands on-
site and wetlands not impacted by the proposed work would be preserved through a deed restriction.
Approximately 0.11 of an acre of wetlands are expected to be preserved in this manner.
Federally Protected Species
Our February 2004 letter stated that we had reviewed available information on federally-.threatened
or endangered species known to occur in New Hanover County and information from the North
Carolina Natural Heritage Program (NCNHP) database. Occurrence records in the NCNHP database
can be accessed by topographic quadrangle (quad) of the U. S. Geological Survey (USGS). Data
from USGS quads provide the most project-specific information on species which should be
considered in permitting this project. The project area is in the Lockwoods Folly quad. The
occurrence data of special status species within this quad can be obtained on the internet at <
http://www.ncnhp.org/Pages/heritagedata.html >.
Our earlier review indicated that no federally threatened or endangered species were likely to occur
in the area of wetland fill. At this time, we have no reason to alter our earlier finding and the. Service
would concur with a determination by the District Engineer that the project is not likely to adversely
affect any federally threatened or endangered species, or designated critical habitat for such species.
The Corps' requirements of section 7 of the Endangered Species Act would be fulfilled. However,
the Corps must reconsider its obligations under section 7 of the ESA if: (1) new information reveals
impacts of this identified action that may affect listed species or critical habitat in a manner not
previously considered; (2) this action is subsequently modified in a manner which was not considered
in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the
identified action.
Service Concerns and Recommendations
Our letter of February 2004 expressed concern about the loss of any freshwater wetlands in coastal
areas. At that time we believed that the freshwater wetlands represented a relict beach ridge system
that creates a ridge and swale topography. Within such topography, the wetlands represented a
barrier island swale. Such swales are wet transition zones which support a variety of animals species
3
found in both the drier dune communities, as well as the wet marsh areas. Areas of standing
freshwater water provide breeding sites for amphibians. Snakes that feed on amphibians are likely to
hunt near freshwater, coastal wetlands. The eastern glass lizard (Ophisaurus ventralis) is frequently
abundant in fields and vacant lots near ponds, marshes, and estuaries. Freshwater wetlands often
provide the only dependable source of water for wildlife on coastal islands.
The Service also noted that area to be impacted may support some wetland species such as the red-
wing blackbird (Agelaius phoeniceus) and marsh wren (Cistothorus palustris). The eastern painted
bunting (Passerina ciris ciris), a common summer resident of coastal regions, is most numerous in
dense shrub thickets of the barrier islands and adjacent mainland and breeds in shrub thickets. The
species is a Federal Species of Concern and Significantly Rare in the state. The project area may
provide habitat for the ground dove (Columbina passerina), an uncommon to rare resident of coastal
areas. The species usually occurs in sandy and grassy habitats near shrubs and woodlands. The
species has a state designation of Significantly Rare.
At the time of our previous letter, it was unclear how much of the existing site conditions were the
result of past human activities. It now appears that the berm which acts as a barrier between the
coastal wetlands and the freshwater wetlands was artificially created by spoil deposition. It is likely
that the current freshwater wetlands occupy an area that was historically salt marsh. While we
understand that runoff will occur from the developed uplands toward Montgomery Slough, we are
uncertain about the reason for the NCDCM requesting that a narrow berm remain in place to "protect
coastal wetlands." Removing the berm is likely to allow the area to revert to coastal salt marsh and,
perhaps allow some tidal flushing. The expanded salt marsh could also create some habitat for
estuarine fishes which are currently excluded from the area. However, the main issue of the current
PN is the proposed filling of wetlands.
Our previous letter also expressed the opinion that opportunities exist to reduce impacts on fish and
wildlife habitat. For the original proposal to build six houses (including Lot 2) we noted that wetland
impacts could be minimized by constructing all houses as close to East Pelican Drive as possible.
Information with the 2004 permit application showed (Figure 6) the house on Lot 2 to be set back 25
feet from East Pelican Drive. With this design, roughly 40 percent of the house footprint occupied
uplands. The current plan shows (Sheet 6 of 7) the house set back approximately 45 feet from the
road. This change has pushed the footprint of the house entirely into wetlands on the site. The 2004
plan also noted that Lot 2 would connect into the local sewer system when it becomes available.
Overall, the Service finds that the current permit application represents an increase in the impacts
associated with construction on Lot 2. By proposing to add an on-site waster water system, the
structure must be moved northward and placed entirely on wetland fill. The original plan represents
the best option for avoiding wetland impacts on a lot which is essentially 75 percent wetlands.
Construction of a house entirely on wetland fill would not comply with the EPA 404(b)(1)
guidelines. These guideline state that fill material will not be placed in aquatic ecosystems if there is
a practicable alternative which would have less impact on aquatic ecosystems. Those guidelines
further specify that for non-water dependent activities proposed for special aquatic sites (e.g.,
wetlands, mud flats, and vegetated shallows), practical upland alternatives are presumed to exist
unless clearly demonstrated otherwise. A single-family house is not a water dependent activity and
4
houses can, and should, be built in uplands. The PN does not provide compelling evidence that
residential housing on Oak Island can only be provided by filling waters of the United States.
If some development eventually occurs on Lot 2, a revised compensatory mitigation plan should be
developed. Compensatory mitigation may consist of both in-kind restoration at a one-to-one ratio on
Oak Island and preservation by the conservation easement as currently proposed. Any compensation
provided by the NC EEP should be on, or directly adjacent to, Oak Island. We note that the current
Project Narrative only states that a letter of inquiry has been submitted to the NC EEP. There is no
indication that the NC EEP has accepted this mitigation obligation. The conservation easement
should follow the Corps' model conservation easement that can be seen at <
http://www. saw.usace.army.mil/WETLANDS/Mitigation/Documents/conservation%20easement%20
r8-03.pdf >. The easement conditions, including all the prohibited and restricted activities given in
Article 11, should be noted in the deed for the lot.
Based on the need for greater minimization of wetland fill for a non-wetland dependent use of Waters
of the United States, the Service recommends denial of the DA permit. The Corps' public interest
review should consider whether that interest is best served by creating a house on a lot which is 75
percent wetland or would best be served by the many beneficial functions provided by wetlands in
coastal areas.
The Service appreciates the opportunity to comment on this permit application. Please advise us of
any action taken by the Wilmington Corps District. If you have questions regarding these comments,
please contact Howard Hall at 919-856-4520, ext. 27 or by e-mail at < howard hall cr,fws.gov >.
Si ere
Pete amin
Ecological Services Supervisor
cc:
Ron Sechler, NOAA Fisheries, Beaufort, NC
Rebecca Fox, US EPA, Whittier, NC
Jim Gregson, NC Division of Coastal Management, Wilmington, NC (Attn: Jason Dail)
Steve Everhart, NC Wildlife Resources Commission, Wilmington, NC
Mr. John Dorney, NC Division of Water Quality, Raleigh, NC
SENDING CONFIRMATION
DATE MAY-30-2006 TUE 10:04
NAME DWQ-WETLANDS
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Division of Water Quality
Department of Environmental and Natural Resources
401 Oversight/Express Review, Program Development and
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Mailing Address: 1650 Mail Service Center
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-r Alan W. Klimek, P.E. Director
Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
401 Oversight/Express Review, Program Development and
Transportation Permitting Units
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
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1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands
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p? tNATF? Michael F. Easley, Governor
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North Carolina Department of Environment and Natural Resources
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Coleen H. Sullins, Deputy Director
Division of Water Quality
April 16, 2004 WETLANDS/ 401 GROUP
Mr. E.G. Dale APR 2 2 2004
PO Box 157
Leland, NC 28451 WATER QUALITY SECTION
SUBJECT: Approval of 401 Water Quality Certification
and Additional Conditions
Lots 3, 4, 5, 7 & 8 Pelican Drive
DWQ Project # 040022
Brunswick County
Dear Mr. Dale:
You have our approval, in accordance with the attached conditions (WQC # 3400) to conduct the
following activity located on your property off Pelican Drive, lots 3, 4, 5, 7 & 8, in Oak Island,
Brunswick County. This approval allows you to:
1. Fill 0.22 acres of Section 404 Wetlands for the purpose of constructing 5 single-family
residences on lots 3, 4, 5, 7 & 8.
This approval is only valid for the purpose and design that you described in your completed CAMA
application received by the Division of Water Quality (DWQ) on January 7, 2004, and additional
information received on March 9, 2004. After reviewing your application, we have determined that
General Water Quality Certification Number 3400 covers this activity. This Certification allows you to
use your CAMA Permit when the NC Division of Coastal Management issues it. Please keep in mind
that there may be additional Federal, State or Local regulations applicable to your project, such as (but not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations and
Coastal Stormwater. In addition, this approval will expire when the accompanying CAMA Permit
expires unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your revised CAMA Major
Permit application received by the Division of Coastal Management. If you change or modify your project,
you must notify the Division (DWQ) in writing and you may be required to send us a new application for a
new certification. If the property is sold, the new owner must be given a copy of the Certification and
approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this
project (now or in.the future) exceed one acre, compensatory mitigation may be required as described in
15A NCAC 2H..0506 (h). For this approval to be valid, you must follow the conditions listed in the
attached certification and the additional conditions listed below:
1. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to this office and a copy to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650;
N. C. Division of Water.Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] I CDEr' i
Page Two
Mr. Dale
DWQ Project # 04 0022
April 16, 2004
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the CAMA Major Application. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur;
3. Silt fence must be installed along the remaining wetlands prior to beginning work.
Please notify this Office at the number listed below if any problem arises during the construction of
the project that may affect water quality.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the DWQ Permit #031374 under Section 401 of the Clean Water
Act. If you have any questions, please telephone Noelle Lutheran or Rick Shiver at 910-395-3900.
Sincerely,
Alan W. Klimek, P.E., Director
Division of Water Quality
Attachments: GC # 3400
CAMA - Caroline Bellis
CAMA Raleigh - Doug Huggett
Central Files
WQC #3400
CAMA PERMIT CERTIFICATION
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR CORPS OF ENGINEERS
GENERAL PERMIT NUMBER 198000291 (ISSUED TO THE NORTH CAROLINA DIVISION OF
COASTAL MANAGEMENT AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
This General Certification is issued in conformity with requirement of Section 401, Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality Regulations in 15 NCAC 2H, Section .0500 and 15 NCAC 2B .0200 for the discharge of
fill material as described in General Permit 198000291 and for the Riparian Area Protection Rules
(Buffer,Rules) in 15A NCAC 2B .0200. This Certification replaces Water Quality Certification
Number 3025 issued on September 6, 1995, Water Quality Certification Number 3112 issued on
February 11, 1997, Water Quality Certification Number 3274 issued June 1, 2000 and Water
Quality Certification Number 3371 issued March 18, 2002. This WQC is rescinded when the
Corps of Engineers re-authorizes Regional General Permit 0291 or when deemed appropriate by
the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with conditions hereinafter set forth.
Conditions of Certification:
1. Activities authorized by CAMA major permits require written concurrence from the
Division of Water Quality as well as compliance with all conditions of this General
Certification;
2. Activities authorized by Coastal Area Management Act (CAMA) Minor or General
Permits do not require written authorization from the Division of Water Quality as long
as they comply with all other conditions of this General Certification;
3. In accordance with North Carolina General Statute Section 143-215.3D(e), any
,j request for written concurrence for a 401 Water Quality Certification must include the
appropriate fee. If a project also requires a CAMA Permit, one payment to both
agencies shall be submitted and will be the higher of the two fees. The fee shall be
collected and distributed between the two agencies in accordance with agreements
reached between the Division of Water Quality and the Division of Coastal
Management;
4. In accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be
required for impacts to 150 linear feet or more of streams and/or one acre or more of
wetlands. In addition, buffer mitigation may be required for any project with Buffer
Rules in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the
Buffer Rules or require a variance under the Buffer Rules. A determination of buffer,
wetland and stream mitigation requirements shall be made for any Certification for
this Nationwide Permit. The most current design and monitoring protocols from DWQ
shall be followed and written plans submitted for DWQ approval as required in those
protocols. When compensatory mitigation is required for a project, the mitigation
plans must be approved by DWQ in writing before the impacts approved by the
Certification occur. The mitigation plan must be implemented and/or constructed
before any permanent building or structure on site is occupied. In the case of public
road projects, the mitigation plan must be implemented before the road is opened to
the travelling public;
WQC #3400
5. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial
but also intermittent stream impacts that require application to DWQ in watersheds
classified as ORW, HQW, Tr, WS-1 and WS-II unless the project is a linear, publicly-
funded transportation project, which has a 150-foot per-stream impact allowance;
6. Impacts to any stream length in the Neuse and Tar-Pamlico River Basins (or any
other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at
the time of application) requires written concurrence from DWQ in accordance with
15A NCAC 213.0200. New development activities located in the protected 50-foot
wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar-
Pamlico River Basins shall be limited to "uses" identified within and constructed in
accordance with 15A NCAC 213.0200. All new development shall be located,
designed, constructed, and maintained to have minimal disturbance to protect water
quality to the maximum extent practicable through the use of best management
practices. Activities listed as "exempt"from these rules do not need to apply for
written concurrence under this Certification;
7. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the original grade restored after the Division of Land Resources has
released the project;
8. If an environmental document is required, this Certification is not valid until a Finding
of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State
Clearinghouse;
9. That appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion
Control Planning and Design Manual" or the "North Carolina Surface Mining Manual"
whichever is more appropriate (available from the Division of Land Resources (DLR)
in the DENR Regional or Central Offices) shall be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to assure compliance with
the appropriate turbidity water quality standard;
10. Measures shall be taken to prevent live or fresh concrete from coming into contact
with freshwaters of the state until the concrete has hardened;
11. Additional site-specific conditions may be added to projects which have applied for
CAMA major permits which are proposed under this Certification in order to ensure
compliance with all applicable water quality and effluent standards;
12. When written concurrence is required, the applicant is required to use the most
recent version of the Certification of Completion form to notify DWQ when all work
included in the 401 Certification has been completed;
13. Concurrence from DWQ that this Certification applies to an individual project shall
expire three years from the date of the cover letter from DWQ or on the same day as
the expiration date of the corresponding General Permit 198000291, whichever is
sooner.
Non-compliance with or violation of the conditions herein set forth by a specific fill project
shall result in revocation of this Certification for the project and may result in criminal and/or civil
penalties.
WQC #3400
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for individual certification for any project in this category of activity that requires
written concurrence under this certification, if it is determined that the project is likely to have a
significant adverse effect upon water quality or degrade the waters so that existing uses of the
wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 2003
DIVISION OF WATER QUALITY
By
Alan W. Klimek
Director
WQC # 3400
"DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent
modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina Division of Water
Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ by the applicant, the
applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and intent of
the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and intent of
the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
I, , as a duly registered Professional Engineer in the State of North Carolina,
having been authorized to observe (periodically, weekly, full time) the construction of the project,for the Pennittee hereby state
that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction
was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature
Date
Mail to: 401 Wetlands Contact
NC Dept. of Environment and Natural Resources
127 Cardnal Drive Ext.
Wilmington, NC 28405-2004
Registration No.
L?4-002-2-
Of
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 276363726
February 26; 2004
Mr. Henry Wicker
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office
P. O. Box 1890
Wilmington, North Carolina 28402-1890
d ;if'ec?
MIAR 2 6 2004
"Y l x r 9 ?tle4,r „ ? 3 ;? QED 9'? r q^1
Subject: Action ID # 200400321, Dale Enterprises, Oak Island, Brunswick County, NC
Dear Mr. Wicker:
This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject
Public Notice (PN), dated January 30, 2004. The applicant, Mr. E. G. Dale, has submitted an
application for processing under the Coastal Area Management Act (LAMA)-Corps permit
processing agreement. The PN addresses a proposal to fill 0.27 of an acre of jurisdictional
wetlands to facilitate the construction of six residences. These comments are submitted in
accordance with the Fish and Wildlife Coordination Act (FWCA) (48 Stat. 401, as amended; 16
U.S.C. 661-667d). Comments related to the FWCA are to be used in your determination of
compliance with 404(b)(1) guidelines (40 CFR 230) and in your public interest review (33 CFR
320.4) as it relates to the protection of fish and wildlife resources. Additional comments are
provided regarding section 7 of the Endangered Species Act (ESA) of 1973, as amended (16
U.S.C. 1531-1543).
According to the Field Investigation Report (FIR) of the North Carolina Division of Coastal
Management.(NCDCM), the project site consists of six lots within a 1.32-acre tract. The lots are
located between East Pelican Drive on the south and Montgomery Slough, a tidal tributary of the
Atlantic Intracoastal Waterway (AIWW), on the north. Moving north from the uplands along E.
Pelican Drive there is a strip of freshwater wetlands, an upland berm varying from 10 to 35 feet
in width, and a narrow zone of coastal wetlands adjacent to the slough.
The applicant proposes to extend the uplands along E. Pelican Drive northward by filling the
freshwater wetlands to create six building sites. While the fill and homes would be outside the
30-foot Estuarine Shoreline Buffer, the structures would be partially within the 75-foot Estuarine
Shoreline Area of Concern (AEC). The applicant proposes to provide compensatory wetland
mitigation through both a payment to the North Carolina Wetland Restoration Program (WRP)
and on-site restoration. On-site restoration would consist of removing part of the dredge spoil
berm separating freshwater and estuarine wetlands. The area uncovered would be graded to the
level of existing freshwater wetlands. Approximately 0.15 of an acre of wetlands would be
restored. The rest of compensatory mitigation would consist of payment to the WRP to restore
r
2
0.25 of an acre of non-riparian wetlands within the Lower Cape Fear River Basin. Overall, the
applicant would provide 0.40 of an acre of restoration as compensation for 0.27 of an acre of
wetland loss, a 1.5:1 ratio.
Federally Protected Species
The Service has reviewed available information on federally threatened or endangered species
known to occur in Brunswick County. We have also reviewed information from the North
Carolina Natural Heritage Program (NCHNP) database which contains excellent data on the
special status species, both federal and state. This database can be accessed by topographic
quadrangle (quad) of the U. S. Geological Survey (USGS). Data from USGS quads provide the
most project-specific information on species which should be considered in permitting this
project. The project area is located in the Lockwoods Folly quad. The occurrence data of special
status species within this quad can be obtained on the internet at <
h.tlp://www.ncsl2arks.alet/iibp/quad.htm1 >. These reviews indicate that no federally threatened or
endangered species which utilized the habitats to be impacted have been reported in the vicinity
of the project site.
General Fish and Wildlife Resources
From the perspective of the FWCA, the Service is concerned about the loss of any freshwater
wetlands in coastal areas. The FIR states that the jurisdictional wetlands that would be impacted
are predominantly vegetated with Atlantic white cedar (Chamaecyparis thyoides), wax myrtle
(Myrica cerifera), cattail (Typha latifolia), and spiralis, also known as soft rush, (Juncus effusus).
While it is unclear how much of the existing site conditions are the result of past human
activities, the wetlands are similar to a relict beach ridge system that creates a ridge and Swale
topography. The swales are typically wet transition zones that support a variety of animals
species found in both the drier dune communities, as well as the wet marsh areas. Areas of
standing water provide breeding sites for amphibians. Snakes that feed on amphibians are likely
to hunt near freshwater wetlands. The eastern glass lizard (Ophisaurus ventralis) is frequently
abundant in fields and vacant lots near ponds, marshes, and estuaries. Freshwater ponds often
provide the only dependable source of water for wildlife on coastal islands.
The areas to be impacted may support some wetland species such as the red-wing blackbird
(Agelaius phoeniceus) and marsh wren (Cistothorus palustris). The eastern painted bunting
(Passerina ciris ciris), a common summer resident of coastal regions, is most numerous in dense
shrub thickets of the barrier islands and adjacent mainland and breeds in shrub thickets. The
species is a Federal Species of Concern and Significantly Rare in the state. The project area may
provide habitat for the ground dove (Columbina passerina), an uncommon to rare resident of
coastal areas. The species usually occurs in sandy and grassy habitats near shrubs and
woodlands. The species has a state designation of Significantly Rare.
d
3
Service Recommendations
As noted, these comments are based on two federal laws. Comments related to the ESA consider
only the project as proposed and evaluate the proposal strictly on the basis of potential impacts to
federally listed species. Our section 7 review does not address the broader issues of compliance
with the 404(b)(1) guidelines, less damaging practicable alternatives, the adequacy of
compensatory mitigation, and ultimately our recommendation regarding issuance of a DA permit.
For the proposed project, the Service would concur with a determination by the District Engineer
that the project is not likely to adversely affect any federally threatened or endangered species, or
designated critical habitat for such species. The Corps' requirements of section 7 of the
Endangered Species Act would be fulfilled. However, the Corps must reconsider its obligations
under section 7 of the ESA if. (1) new information reveals impacts of this identified action that
may affect listed species or critical habitat in a manner not previously considered; (2) this action
is subsequently modified in a manner which was not considered in this review; or, (3) a new
species is listed or critical habitat determined that may be affected by the identified action.
Regarding our comments in accordance with the FWCA, we believe opportunities exist to reduce
impacts on fish and wildlife habitat. Wetland impacts could be minimized by constructing all
houses as close to E. Pelican Drive as possible. Figure 6 shows the site plan for the residences
on Lots 2, 3,4,5, 7, and 8. Lot 2 would not have a peat waste water system (WWS) proposed for
the other. five lots. The WWS for lots 3 and 4 are set back 20 feet from E. Pelican Drive.
However, the same WWS for Lots 5, 7, and 8 are set back by 25, 30, and 35 feet, respectively.
All the proposed structures are the same size (34 feet by 50 feet) and built with the same
separation of the WWS and the house. Therefore, the greater set backs on Lots 5, 7, and 8, create
a greater intrusion northward into jurisdictional wetlands. In fact, the site plan indicates that if
construction in Lot 8 was set at the same distance from the road as that for Lots 3 and 4 (20 feet),
the house on Lot 8 could be developed with almost no wetland fill.
After all avoidance and minimization measures have been fully implemented, all wetlands within
the development that are not impacted should be protected by a permanent conservation
easement. The easement should also include the area that would be restored to wetland status by
partial removal of the berm. Compensatory wetlands should not be available for development in
the future. The conservation easement should follow the Corps' model conservation easement
that can be seen at (< hM://www.saw.usace.army.miI/WETLANDS/MitiRation/ >). The
easement conditions, including all the prohibited and restricted activities given in Article II,
should be noted in the deeds or lease agreement for each lot.
There is a concern that additional wetland impacts may occur if homeowners seek to construct
piers and/or walkways from the houses to Montgomery Slough. Any such wetland losses
represent secondary impacts directly related to the current permit and should be considered in the
permitting for home construction. These concerns would be eliminated by implementing the
model conservation easement. This easement prohibits construction in the protected area and
specifically mentions (Article II B) the prohibition of piers, landings, and/or docks.
s
4
After the additional avoidance of wetland loss, a revised compensatory mitigation plan should be
developed. The Service supports the on-site restoration of 0.15 of an acre and its permanent
protection. However, restoration should be made at a one-to-one ratio for losses. The use of the
WRP to restore wetlands in the Cape Fear River basin seems inappropriate for the additional
restoration. This habitat on Oak Island would be permanently loss and the fish and wildlife
resources using this habitat would be adversely affected.
Overall, the Service would support issuance of a DA permit for construction of houses on the six
lots if:
The southern edge of construction, in this case the waste water systems, for all lots was
set back the minimum required distance from E. Pelican Drive. This would be the 20-
foot set back shown for Lots 3 and 4;
2. Secondary impacts were avoided by the placement of a permanent conservation easement
on all freshwater and coastal wetlands that would not be impacted by the construction
proposed in the permit and the wetlands restored by partial removal of the berm. The
easement would specifically address restrictions on pier construction from each house to
water access in Montgomery Slough; and,
Compensatory mitigation consisted o£ (1) in-kind restoration at a one-to-one ratio on
Oak Island or other freshwater wetland within the tidally-influenced area of Brunswick
County; and, (2) preservation by the conservation easement mentioned above.
The Service appreciates the opportunity to comment on this permit application. Please advise us
of any action taken by the Wilmington Corps District. If you have questions regarding these
comments, please contact Howard Hall at 919-856-4520, ext. 27 or by e-mail at <
howard hall&fws.gov >.
Sincerely,
Garland B. Pardue, Ph.D.
Ecological Services Supervisor
cc:
Ron Sechler, NOAA Fisheries, Beaufort, NC
Rebecca Fox, US EPS, Whittier, NC
Jim Gregson, NC Division of Coastal Management, Wilmington, NC
Bennett Wynne, NC Wildlife Resources Commission, Kinston, NC
Mr. John Dorney, NC Division of Water Quality, Raleigh, NC
MEMORANDUM
TO: John Dorney Regional Contact: _Noelle Lutheran
Non-Discharge Branch WQ Supervisor: Rick Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name E.G. Dale Enterprises
Project Number 04 0022
Recvd From DCM
Received Date 1/7/04 Recvd By Region
Project Type six family residences
County Brunswick
County2
Region Wilmington
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
CA MA 404 O Y O N F_ 15. 5 S.7 HQW 30,759. 0.27
? ?-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? O Y ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y 0 N
Is Mitigation required? O Y O N Recommendation: 0 Issue O Issue/Cond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
This eject has been placed on hold for additional information. NL 2/16/04
cc: Regional Office Page Number 1
Central Office
. A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Acting Director William G. Ross Jr., Secretary
January 5, 2004
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
Mr. John R. Dorney
Division of Water Quality 0400211
Doug Huggett
Major Permits Processing Coordinator
CAMA/DREDGE & FILL Permit Application Review
E. G. Dale Enterprises
WETLANDS/ 401 GROUP
JAN 0 7 2004
WXFEk QUALITY SECTION
Project Location: Lots 2, 3, 4, 5, 7, & 8 East Pelican Drive, Town of Oak Island, Brunswick County
Proposed Project: To fill 0.27 acres of Section 404 wetlands within the CAMA Estuarine Shoreline AEC,
to facilitate the construction of six single family residences. Mitigation for wetland
impacts is proposed as part of this project.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
January 28, 2004. If you have any questions regarding the proposed project, please contact Caroline Bellis at
910-395-3900. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are incorporated.
See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone] \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \10% Post Consumer Paper
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: E.G. Dale Enterprises
2. LOCATION OF PROJECT SITE: Lots 2, 3, 4, 5, 7, & 8 East Pelican Drive in the Town of Oak Island in Brunswick
County
Photo Index - 2000 8-73 G, H 10-11 1998 4-69 O,P 14-17 1995 8-72 O 22-23
1989 4-185-16 H 19-20 1978 5-324 F,G 4-6
State Plane Coordinates - X 2264222.410 Y: 60732.637 ROVER FILE: NI 12515A
3. INVESTIGATION TYPE: CAMA
4. _ INVESTIGATIVE PROCEDURE: Date of Site Visits: November 25, 2003
Was Applicant Present - No
5. PROCESSING PROCEDURE: Application Received -Complete on November 21, 2003
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Oak Island
Land Classification From LUP - Developed
(B) AEC(s) Involved: ES
(C) Water Dependent: No
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned - Individual Puraflo septic systems on Lots 3, 4, 5, 7, & 8; Lot 2 (eventually) municipal sewer
(F) Type of Structures: Existing - None
Planned- Single family residences.
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION:
[AREA]
DREDGED FTT,T,F.D OTTWR
(A) Vegetated Wetlands (404) 11,761 sf
(B) Nonvegetated Wetlands (open water)
(C) Other: Highground 6,534 sf
(excavated)
(D) Total Area Disturbed: 0.66 acres or 28,749 square feet
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY - Applicant proposes to fill 0.27 acres of Section 404 wetlands within the
CAMA Estuarine Shoreline AEC, to facilitate the construction of six single family residences.
Mitigation for wetland impacts is proposed as part of this project.
E.G. Dale Enterprises
Page Two
9. PROJECT DESCRIPTION
The project site consists of six individual lots located in the 3000 Block of East Pelican Drive on
Oak Island in Brunswick County, NC. It contains six platted lots that are-each approximately 50 feet
by 200 feet, or 0.22 acres. The entire tract is 1.32 acres, with each of the six lots being 50 feet in
width and ranging from approximately 165 to 190 feet in depth.
To reach the project area, one would travel from US 17 to Oak Island via NC 87 and NC 133. Upon
reaching the island and traveling west on Yaupon Drive to 58th Street SE, Pelican Drive is the third
street landward of the Atlantic Ocean. The site is located on Pelican Drive between 32nd and 35th
Streets East.
The project includes Lots 2, 3, 4, 5, 7, and 8. Lot 6 is not included in this project proposal. Lot 6 is
under separate ownership. (Note: The company has sold this lot. The new owner of Lot 6 was issued
a notice of violation for the filling of Section 404 wetlands within the Estuarine Shoreline AEC
without permit authorization from the Division of Coastal Management.)
East Pelican Drive is adjacent to Montgomery Slough, which is a tidal tributary of the AIWW which
extends from 58th Street East to Lockwood Folly Inlet at the west end of Oak Island (Davis Canal is
the channelized section of the slough). Existing high ground elevations are 4 to 7 feet above Mean
Low Water (MLW). There are currently no manmade features on the site.
The site is characterized by a dredged material berm that extends the width of each lot along the
landward edge of Montgomery Slough. The width of the berm ranges from approximately 10 to 35
feet from west to east across the lots. 0.59 acres of Section 404 wetlands extend landward of the
berm, transitioning to high ground towards the road. The width of the wetland area is approximately
13 5 feet at the westernmost lot (Lot 2) and gradually tapers to a width of approximately 20 feet at the
easternmost lot (Lot 8). Coastal wetlands are present waterward of the berm along the shoreline of
Montgomery Slough as a fringe (average width approximately 8 feet) along the northern property
boundary.
Coastal wetlands are dominated by Salt Marsh Cordgrass (Spartina alterniflora), and Section 404
wetlands are vegetated predominantly with Atlantic White Cedar (Chamaecyparis thyoides), Wax
Myrtle (Myrica cerifera), Cat Tails (Typha latifolia), and Spiralis (Juncus effusus). The berm is
densely vegetated with woody species such as Sweetgum (Liquidambar styraciflua), Live Oak
(Quercus virginiana), Loblolly Pine (Pinus taeda), and Yaupon Holly (Ilex vomitoria). Uplands
have been cleared of larger vegetation and now contain a variety of grassy species. Soils consist of
Newhan fine sand in the upland areas, Corolla fine sand in the wetlands, and Bohicket silty loam in
the coastal wetlands.
The waters of Montgomery Slough adjacent to the site are classified as SA waters by the Division of
Water Quality and are designated as Primary Nursery Area by the Division of Marine Fisheries. The
adjacent waters are closed to the taking of shellfish.
E.G. Dale Enterprises
Page Three
PROPOSED PROJECT
The applicant proposes to place fill and construct single family residences partially within the
CAMA 75 foot Estuarine Shoreline Area of Environmental Concern (AEC). The fill and homes
would be located outside of the 30 foot Estuarine Shoreline Buffer. The wetlands would be filled
and graded to the elevation of the adjacent high ground areas. The proposed house footprint for
each lot is 34 by 50 feet. Additional fill area of 5 to 8 feet around the footprint of each house is
being requested to provide adequate side slope and drainage away from the house. Impervious
coverage within the Estuarine Shoreline AEC for the total proposed development would be
approximately 4%. Stormwater is expected to be absorbed by the surrounding soil and would be
further ameliorated by the existing berm and on site mitigation component of the project. Total
land disturbance for the project is expected to be about 0.66 acres or 28,749 square feet. Logging
mats would be used in wetlands and silt fences would be installed during construction in the
wetlands restoration area.
The proposed work would require a permit from the US Army Corps of Engineers for the filling
of 0.027 acres of Section 404 wetlands on the site. The project would also require a 401 Water
Quality Certification from the NC Division of Water Quality. The necessity of those permits
required application for a CAMA major development permit as per NCGS 113A-118 (d) (1).
The applicant proposes no fill within coastal wetlands. All development and wetland impacts
(including on-site mitigation) are proposed to be landward of coastal wetlands. The applicant
proposes and has permits for individual on site Puraflo alternative systems for wastewater
treatment on Lots 3,4,5,7; and 8. Soils are not suitable for this type of system on Lot 2, so the
applicant would wait until the proposed municipal sewer system is available before building on
this lot. Lot 6 has a permit to install an on-site Puraflo systems for wastewater as well. The
Brunswick County water system is the proposed source for drinking water.
The applicant proposes to mitigate for project impacts though on site mitigation and by utilizing
the Wetlands Restoration Program. The applicant proposes to restore 0.15 acres of freshwater
wetlands on site by removing part of the dredge spoil berm. Restored wetlands would be
excavated to the grade of the adjacent freshwater wetlands. The applicant also proposes to make
a payment to the Wetlands Restoration Program to restore 0.25 acres of non-riparian wetlands
within the Lower Cape Fear River Basin because they have no projects in the Lumber River
Basin. The Wetlands Restoration Program has indicated that this would be allowed if it is
considered acceptable to review agencies. These mitigation efforts would result in a restoration
to impact ratio of 1.5 to 1. In addition, a 5 foot width of the existing berm would remain in place
during and after construction to aid in keeping stormwater runoff from entering the adjacent
coastal wetlands.
10. ANTICIPATED IMPACTS
The placement of fill on the lot would result in the loss of 0.27 acres of section 404 wetlands.
Additional impacts to 16, 988 square feet of highground would result from mitigation activities and
lot development.
Submitted by: Caroline Bellis Date: January 2, 2004 Office: Wilmington
Form DCM-MP-1 r-'
D v
L), i
APPLICATI OCT 3 Q 2003
ON' (To be completed by all applicants) DIVISION O F
COASTAL MANAGEMENT
I. APPLICANT
c. Street address or secondary road number.
Lots 2-5 and 7-8; E. Pelican Drive
a. Landowner:
Name-E.G. _ Dale Enterprises
Address P.O. Box 157
City Leland State NC
Zip 28451 Day Phone
Fax
b. Authorized Agent:
Name Kim Williams - Land Management Group
Inc.
Address PO Box 2522
City Wilmington State NC
Zip 28402 Day Phone [phone]
Fax [phone]
c. Project name (if any) E. Pelican Drive; Lots 2-
5 and 7-8
NOTE: Permit will be issued in name of
landowner(s), and/or project name.
2. LOCATION OF PROPOSED
PROJECT
a. County Brunswick
b. City, town, community or landmark.
Oak Island
d. Is proposed work within city limits or planning
jurisdiction? X Yes No
e. Name of body of water nearest project (e.g.
river, creek, sound, bay)
Mont omery Slough
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all-development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier,
and excavation and/or filling activities.
Fill 0.27 acre of 404 wetlands within six lots; build
six homes and five Puraflo systems within these
lots; remove 0.15 acre of an old berm to miti ate
wetland impacts.
b. Is the proposed activity maintenance of an
existing project, new work, or both? New
work on old platted lots.
c. Will the project be for public, private or
commercial use? Private use
d. Give a brief description of purpose, use, method
of construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. See attached narrative
Revised 03/95
If yes, has a delineation been conducted? Yes
(Attach documentation, if available)
Form DCM-MP-1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 1.32 ac
b. Size of individual lot(s) 0.20 - 0.23 ac
c. Approximate elevation of tract above MHW or
NWL 4 to 7'
d. Soil type(s) and texture(s) of tract
Newhan fine sand, Corolla fine sand. Bohicket
silty loam
e. Vegetation on tract Uplands are mostly cleared
with various araminoids; The upland berm contains
MTica cerifera, Ilex vomitoria, and Persea
borbonia, 404 wetlands contain Chamaecyparis
thwides. Typha latifolia, and Juncus a usus•
Coastal wetlands contain Spartina alterniflora.
m. Describe existing wastewater treatment
facilities.
None existing; On-site alternative wastewater
systems (Puraflo) have been Permitted for lots 3-8
and will be used. Lot 2 will tie into the Town's
sewer system when it becomes available.
n. Describe location and type of discharges to
waters of the state. (For example, surface runoff,
Sanitary wastewater, industrial/commercial
effluent, "wash down" and residential discharges.)
Some surface runoff from individual residences
will be retained in constructed Swale.
o. Describe existing drinking water supply source.
Brunswick County water supply (municipal tap on)
5. ADDITIONAL INFORMATION
f. Man-made.features now on tract An old berm
exists along the northern property boundary. o e completed application form, the
?jJo i must be submitted:
g. What is the CAMA Land Use Plan
classification of the site? (Consuktmlo useplan
Cl 3 d *20CUpy o deed (with state application only)
Conservation Tr onal or other ent under which the applicant
X Developed Community 0IUISId*0U 4?e affected properties. If the
N*Adih
t claiming to be the owner of said
I L
Rural Other p p,S r A property, then forward a copy of the deed or other
instrument under which the owner claims title,
h. How is the tract zoned by local government? plus written permission from the owner to carry
Residential out the project.
1. Is the proposed project consistent with the
applicable zoning? X Yes No
(Attach zoning compliance certificate, if applicable)
j. Has a professional archaeological assessment
been done for the tract? Yes X No
If yes, by whom? N/A
k. Is the project located in a National Registered
Historic District or does it involve a National
Register listed or eligible property?
. Yes X No
1. Are there wetlands on the site? X Yes No
- Coastal (marsh) X Other X
* An accurate, dated work plat (including plan
view and cross-sectional drawings) drawn to scale
in black ink on an 8 %z" by 11" white paper. (Refer
to Coastal Resources Commission Rule 77.0203
for a detailed description.)
Please note that original drawings are preferred
and only high quality copies will be accepted.
Blue-line prints or other larger plats are acceptable
only if an adequate number of quality copies are
provided by applicant. (Contact the U.S. Army
Corps of Engineers regarding that agency's use of
larger drawings.) A site or location map is a part
of plat requirements and it must be sufficiently
detailed to guide agency personnel unfamiliar with
the area to
Revised 03/95
Form DCM-MP-1
the site. Include highway or secondary road (SR)
numbers, landmarks, and the like.
* A Stormwater Certification, if one is necessary.
* A list of the names and complete addresses of
the adjacent waterfront (riparian) landowners
and signed return receipts as proof that such
owners have received a copy of the application
and plats by certified mail. Such landowners
must be advised that they have 30 days in which to
submit comments on the proposed project to the
Division of Coastal Management. Upon signing
this form, the applicant further certifies that such
notice has been provided
Name Mr. William Smith Jr.
Address 2416 Vantage Ln; Denver, NC 28037
Phone [phone]
Name Ms. Janice R Monteomerv
Address 3220_E. Pelican Drive; Oak Island. NC 28465
Phone [phone]
Name Mr. Dennis True
Address 4724 Long Leaf Hills Dr: Wilmington. NC 28409
Phone [phone]
* A list of previous state or federal permits
issued for work on the project tract. Include permit
numbers, permittee, and issuing dates.
N/A
* A check for $450 made payable to the
Department ofEnvironment andNatural Resources
(DENR) to cover the costs of processing the
application.
* A signed. AEC hazard notice for projects in
oceanfront and inlet areas.
* A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S.113A -1 to
10) If the project involves the expenditure of
public funds or use of public lands, attach a
statement documenting compliance with the North
Revised 03/95
Carolina Environmental Policy Act.
6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
I understand that any permit issued in response to
this application will allow only the development
described in the application. The project will be
subject to conditions and restrictions contained in
the permit.
I certify that to the best of my knowledge, the
proposed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
I certify that I am authorized to grant, and do in
fact, grant permission to representatives of state
and federal review agencies to enter on the
aforementioned lands in connection with evaluating
information related to this permit application and
follow-up monitoring of the project.
I further certify that the information provided in
this application is truthful to the best of my
knowledge.
This is the 7-8`1day of !Jef abr r , 20 03
Print Name Mb f r ?' , iii. L(?`A .nr /? , r?r I Cnc? yc
Signature
La owner or.4 ubhb'ffzed AQe
Please indicate attachments pertaining to your
proposed project.
X DCMMP-2 Excavation and Fill Information
X DCM MP-3 Upland Development
DCM MP-4 Structures Information
DCM MP-5 Bridges and Culverts
DCM MP-6 Marina Development
NOTE: Please sign and date each attachment in
the i v d le?T r? ch
form Jam" OC i 3 0 2003
DIVISION OF
COASTAL MANAGEMENT
Form DCM MP-2
EXCAVATION
AND FILL
(Except bridges and culverts)
Attach this form to Joint Application for CAMA
Major Permit, Form DCM-MP-1. Be sure to
complete all other iections of the Joint Application
that relate to this proposed project.
Describe below the purpose of proposed excavation
or fill activities. All values to be given in feet.
Average Final
Existing Project
Length Width Depth Depth
Access channel N/A N/A N/A N/A
(ULW) or
(NWL)
N/A N/A N/A N/A
Canal
N/A N/A N/A N/A
Boat
Basin
N/A N/A N/A N/A
Boat
Ramp
N/A N/A w. s
Rock
Groin

N/A N/A
Rock -
Breakwater
Other (Excluding N/A N/A N/A N/A
shoreline
stabiliz-
Revised 03/95
1. EXCAVATION
a. Amount of material to be excavated from below
MHW or NWL in cubic yards None
b. Type of material to be excavated sandupland
berm to be graded to elevation of adjacent wetlands
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes X No
d. Highground excavation in cubic yards -600
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area On-site; see attached
maps
b. Dimensions of disposal area 2 areas: 200'x 45'
and 100'x 25'
c. Do you claim title to disposal area?
X Yes No
If no, attach a letter granting permission from
the owner.
d. Will a disposal area be available for future
maintenance? Yes No
If yes, where? N/A
OCT 3 0 2003
DIVISION OF
COASTAL MANAGEMENT
Form DCM MP 2
e. Does the disposal area include any coastal
wetlands (marsh), SAVs or other wetlands?
X Yes No (404 wetlands)
f. Does the disposal include any area in the water?
Yes X No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization N/A
Bulkhead Riprap
b. Length
c. Average distance waterward of MHW or NWL
d.Maximum distancewaterward ofMHW or NWL
e. Shoreline erosion during preceding 12 months
f. Type of bulkhead or riprap material
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill
h. Type of fill material N/A
i. Source of fill material N/A
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
X Yes No
Revised 03/95
If yes,
(1) Amount of material to be placed in the water
None
(2) Dimensions of fill area
(3) Purpose of fill
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
X Yes No
If yes,
(1) Dimensions of fill area 2 areas: 200'x 45'
and 100'x 25'
(2) Purpose of fill To make the lots buildable
for the construction of residences.
5. GENERAL
a. How will excavated or fill material be kept on
site and erosion controlled? Use of silt fences;
maintaining 5' wide berm along waterway.
b. What type of construction equipment will be
used (for example, dragline, backhoe, or hydraulic
dredge)? .
Track hoe and bulldozer
c. Will wetlands be crossed in transporting
equipment to project site? X Yes No
If yes, explain steps that will be taken to lessen
environmental impacts.
Logging mats will be used.
'? a6-" bf.Jl, L6i-, Z-J , -4-, - Cry
Applicant or Proj ame
Signature
14-3
Date
P
OCT 3 0 2003
DIVISION O
COASTAL MANAGEMENT
Form DCM MP-3
UPLAND
DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA
Major Permit, For DCM-MP-I. Be sure to
complete all other sections of the Joint Application
that relate to this proposed project.
a. Type and number of buildings, facilities, units
or structures proposed 6 homes
Environmental Management for review?
Yes X No
If yes, date submitted
i. Describe proposed method of sewage disposal.
On-site alternative waste water (Puraflo)
systems
b. Number of lots or parcels 6
c. Density (give the number of residential units
and the units per acre) -6 units, 0.21 units/ac
d. Size of area to be graded, filled or disturbed
including roads, ditches, etc. - 0.66 acre
e. If the proposed project will disturb more than
one acre of land, the Division of Land Resources
must receive an erosion and sedimentation control
plan at least 30 days before land disturbing activity
begins. If applicable, has a sedimentation and
erosion control plan been submitted to the Division
of Land Resources? Yes No N/A
If yes, date submitted N/A
f. List the materials (such as marl, paver stone,
asphalt, or concrete ) to' be used for paved
surfaces. Concrete
g. Give the percentage of the tract within 75 feet
of MHW or NWL, or within 575 feet in the case of
an Outstanding Resource Water, to be covered by
impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for
vehicular driveways or parking. -4%
h. Projects that require a CAMA Major
Development Permit may also require a
Stormwater Certification. Has a site development
plan been submitted to the Division of
Revised 03/95
J. Have the facilities described in Item I. above
received state or local approval? Yes
(Attach appropriate documentation)
k. Describe location and type of proposed
discharged to waters of the state (for example,
surface runoff, sanitary wastewater,
industrial/commercial effluent, "wash down" and
residential discharges).
None; impervious surfaces will be over 30' from
MHW; surface run-off from roof of residence will
be absorbed by surrounding soil
1. Describe proposed drinking water supply source
(e.g. well, community, public system, etc.)
Brunswick County water supply
m. Will water be impounded? Yes X No
If yes, how many acres? N/A
n. If the project is an oceanfront development,
when was the lot(s) platted arnd' recorded? N/A
Applicant or Project ,,Name
Signature
ate r
C 174 1VP14
i
17111
OCT 3 0 2003 COASTAL DIVISION NAOF
NT
Project Narrative
Mr. E.G. Dale
East Pelican Drive; Lots 2-5, 7 & 8
Brunswick County, NC
1. INTRODUCTION
The applicant proposes to fill 0.27 acre of 404 freshwater wetlands in order to construct
six homes within this site. To mitigate for these impacts, he plans to remove 0.15 acre of an
existing dredge spoil berm that runs adjacent to Montgomery Slough and make payment into the
NC Wetlands Restoration Program
II. EXISTING CONDITIONS
The 1.32-acre tract is located between East Pelican Drive and Montgomery Slough in Oak
Island, North Carolina (Figure 1). It contains six platted lots that are each approximately 50' x
200' (0.22 acre). A small 0.06-acre coastal wetland fringe' exists along the northern property
boundary and 0.59 acre of freshwater wetlands lie landward of the coastal wetlands (Figure 2).
Coastal wetlands are vegetated by Spartina alterniflora and freshwater wetlands contain
Chamaecyparis thyoides, Myrica cerifera, Typha latifolia, and Juncus effusus. Uplands have
been mostly cleared of vegetation and contain a variety of graminoids. A 30-foot wide upland
spoil berm intersects the freshwater wetlands near Montgomery Slough (Figure 3). This berm is
approximately 3'-4' high and is densely vegetated with woody species such as Liquidambar
styraciflua, Ouercus virginiana, Pinus taeda, and Ilex vomitoria. Soils consist ofNewhan fine
sand in the uplands, Corolla fine sand in the freshwater wetlands, and Bohicket silty loam in the
coastal wetlands (Figure 4). Existing high ground elevations are 4' to T above MLW (Figure 5).
The CAMA Land Use Plans for both the Town of Long Beach and s
1 GC 3 0 2003
DIVISION OF
COASTAL MANAGEMENT
Developed/Residential and it is zoned as residential (R-5) by the Town of Oak Island.
It should be noted that Lot #6 is not included in this application. Mr. Dale sold Lot #6
several months ago and the new landowner has already obtained a permit from the U.S. Army
Corps of Engineers to fill 404 wetlands and excavate part of the berm within this lot. In addition,
permits to install on-site Puraflo systems have been obtained for Lots #3 through #8. Because of
unsuitable soils on Lot #2, the applicant will wait until sewer hook up becomes available for this
lot. However, in the interest of assessing cumulative wetlands impacts for these lots in this
application package, the applicant is proposing wetlands fill associated with constructing a house
within Lot #2.
III. PROJECT DESIGN AND OBJECTIVES
The applicant proposes to fiII a total of 0.27 acre of freshwater wetlands to the elevation of
adjacent uplands in order to provide sufficient uplands to build a small residence within lots 3, 4,
5, 7, and 8 (Figure 6). The proposed house footprint for each lot is 34' x 50'. An additional 5' to
8' of wetland fill is requested around each house to provide for side slope and adequate drainage
away from the structure.
To mitigate for these impacts, Mr. Dale plans to remove 0.15 acre of an existing dredge
spoil berm that lies adjacent to Montgomery Slough (Figure 6). Restored wetlands will be
excavated-to the grade of adjacent freshwater wetlands (Figure 7). At the request of the Division
of Coastal Management, a 5'-wide section of the berm will remain in place to serve as a barrier to
protect the coastal wetlands from potential runoff from the new development. To mitigate for the
remainder of the wetland impacts (0.12 ac), the applicant would like to make payment into the
NC Wetlands Restoration Program's in-lieu fee program for restoration of non-riparian wetlands.
A letter of inquiry was already submitted to the WRP. Mr. Ron Ferrell responded to this letter and
informed us that they currently do not have any projects within the Lumber River Basin. Since the
site is very close to the border between the Lumber and the Cape Fear River Basins, the WRP will
allow the applicant to make a payment for a project within aPeTeA er Basin, if this is
2 VE
2
OCT 3 0 2003
'
COASTALMANAGEMENT
acceptable to the commenting agencies.
IV. POTENTIAL ENVIRONMENTAL IMPACTS
The proposed project will impact a total of 0.27 acre of freshwater wetlands. The
applicant plans to mitigate for this impact both on site and through the WRP. The applicant
proposes to restore 0.15 acre of freshwater wetlands on site by removing part of a dredge spoil
berm. In addition, he plans to make a payment to the WRP to restore 0.25 acre of non-riparian
wetlands within the Lower Cape Fear River Basin. These mitigation measures would result in a
1 .5 to 1 restoration to impact ratio.
To reduce impacts to wetlands from erosion during construction, silt fences will be used
around the construction area. In addition, a 5'-wide section of the existing berm will remain in
place and protect the coastal wetlands and the waters within Montgomery Slough from
stormwater runoff both during and after construction. Logging mats will be used when
construction equipment crosses freshwater wetlands.
Therefore, based on proposed wetland mitigation and construction measures, the direct
and cumulative impacts from the proposed project are considered insignificant.
(?, t
OCT 3 0 2003
DIVISIOrv OF
COASTAL MANAGEMENT
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DIVISION OF
ASTAL MANAGEMENT
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DIVISION OF
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Figure 5. Topographic map of site.
http://www.topozone.com/map.asp?z=17&n=3756025&e=765490&s=25 8/8/2003
d ECEHVE
OCT 3 0 2003
DIVISION OF SCALE 1" = 2.4 miles
COASTAL MANAGEMENT
Mr. E.G. Dale Land Management Group, Ina
. Pelican Drive; Lots 2-5, 7 & 8 Environmental Consultants
Brunswick County, NC Wilmington, N.C. Figure 1. Vicinity map.
IECAMA Major Permit Application October 2003
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Mr. E.G. Dale Land Management Group, Inc
E. Pelican Drive; Lots 2-5, 7 & 8 Eentd CO1safta°ts Figure 4. SCS soil survey for
Brunswick County, NC Wflmingwn, N.C. Brunswick County.
October 2003
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Page 1 of 1
t try - " ?.-,
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Get a Map Target is UTM 17 765490E 3756024N - LOCKWOODS FOLLY quad uac
Place name search Click here to download a custom topographic map with TopoFaci
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and Terms of Use. We care about your privacy - please consult our Privacy Statement for details.
11T 3 0 ZOQ3
COASTAL 'MAONAC?E . 5. Topographic map of site.
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? G GRADING, INC.
North Carolina Division of Water Quality
lnn4
"JETLANDS/401 GROUP
JAN ) 2 2004

12/15/2003
4677
200.00
Checking - 1044564 Permit for Darrel Hoke 03-541 200.00