19950205 Ver 1_COMPLETE FILE_19950331

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
X71.9*A?EHNF1
April 3, 1995
Pender County
DEM Project # 95205
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Don Rhine
54 Narrow Way
Wilmington, N.C. 28402
Dear Mr. Rhine:
FILE C01"i
You have our approval to place fill material in 0.68 acres of wetlands or waters for the purpose
of constructing a subdivision at Pelican Reef, as you described in your application dated 26 February
1995. After reviewing your application, we have decided that this fill is covered by General Water
Quality Certification Numbers 2732 and 2671. These certifications allow you to use Nationwide Permit
Numbers 14 and 26 when they are issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application..
For this approval to be valid, you must follow the conditions listed in the attached certification: Deed
restrictions shall be placed on all lots with jurisdictional wetlands to restrict future wetland fill (see
attached example). In addition, you should get.any: other federal, state or local permits before you go
ahead with your project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 30 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely, -hri
estop Howard, Jr. P. .
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Domey
Central Files
Chip Jackson; Land Management Group
95205.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equd Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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Ad 61 ce Aax 2522 RECEIVED
Vim , ?YWA V.wta 28402 F E B 'c u 1995
Yd. 990-452-000Y ENVIRONMENTAL SCIENCES
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?. February 26, 1995 %IdmiWk,M 28403
John Dorney
Water Quality Planning
Div. of Env. Management
4401 Reedy Creek Road
Raleigh, N.C. 27607
Dear John;
Enclosed is a Nationwide Permit request by Don Rhine of
Waterview,Inc. to fill .68 acres of wetlands. A NWP 14/26 is
proposed for road fill to bring 404 areas to grade with existing
high ground areas. There are four proposed fill areas for road
crossings to access high ground for the purpose of creating a
residential subdivision.
The wetlands on the tract have been delineated and were approved
by Rudy Schiener during November of 1994. All necessary road
crossings have been proposed at the narrowest possible crossing
areas and the road and lot layouts have been designed around
wetland areas. During site visits conducted with the C.O.E. and
D.E.M., both Rudy Schiener and Jim Gregson agreed that the road
crossings could be permitted at the narrowest possible crossing
areas as long as the remaining wetlands would not be disturbed
with road or lot fill. All lots existing within this proposed
plan have sufficient area for a house and driveway without
requiring fill. All proposed crossing areas exist within
different wetland systems and should be viewed individually.
Thank you for your timely response and should you have any
further questions, please feel free to contact me at your
convenience.
S'nce ely,
Chip kson
Environmental Specialist
Enclosure: 7 copies of application
cc: U.S. Fish & Wildlife
Micheal Hosey, C.O.E.
National Marine Fisheries

DEM ID: 15 Qa,5 ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #) : NWP 14\26
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone: [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
Telephone:[phone]
ONE (1) COPY Or THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS Or ENGINEERS.
SEVEN(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION Or ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: Don Rhine RECEIVED
2. Owners Address: 54 Narrow Wav, Wilmington, N.C.
3. Owners Phone Number (Home
(Work):
FEB 2 61945
ENVIRONMENTAL SCIENCES
RRAnv H
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
Rob Moul, Chiu Jackson c/o Land Management Group, Inc.
P.O. Box 2522
Wilmington, NC 28402 910-452-0001
5. Location of work (MUST ATTACH MAP). County: Ponder
Nearest Town or City: • Holly Ridge
Specific Location (Include road numbers, landmarks, ctc.):_Trac is locate on HWY 210-17-near the intersection
of S.R. 1561(Sloop Point Road) (Hilltop Grocery is located at the intersection). From the intersection, the tract
begins approximately 100 yards north on the east side of HWY 17.
6. Name of Closest Stream/River: Virginia reek 7. River Basin: Atlantic Intracoastal Waterway
8. Is this project located in a watershed classified as Trout,SA,HQW,ORW,WSI,or WSII? YES[X] NO[ ]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [X]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located, on project site: 71.4 acres
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Crossing #1 total fill: 130 line feet (14,200 sea. feet) .32 acre
Crossing #2 total fill: 80 linear feet (4,000 sea. feet) .09 acre
Crossing #3 total fill: 35 linear feet (1,750 so. feet) .04 acre
Crossing #4 total fill: 200 linear feet ,10,000 sea. feet .23 acre
Total Impacted: 445 linear feet (29,950 so. feet) .68 acre
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Applicant proposes to place fill
indesi hated areas Lo provide road access to residential subdivision. Wetland crossings will be culverted with
appropriately sized culvert as determined by calculated stormwater flow.
13. Purpose of proposed work: Individual NWP 14 and/or 26 permits needed to -,ross individual wetland bodies
and provide access to nonaccessable upland in the rear of the tract.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note
measures
taken to minimize wetland impacts. Tract boundaries .prohibit circumventinL), the wetland boundaries to avoid
proposed impacts. Wetlands were delineated and approved by thoC O.E. before planning the road aLthe narrowest
possible crossing points. All land plans within is ro'ec have utilized this wetland boundary along with soil
information for waste treatment to both minimize wetland road crossings and maximize useab lot acreage.
Proposed road crossings are necessary for major streets within the subdivision and all lots have been designed so
that no individual lots require drivcwgy fill. Road alignments have been proposed outside of all AEC's existing
on the site. All roads proposed are D.O.T. approved constuction with a 50' right of way. All proposed land plans
have voluntarily complied with the newest Pen er County subdivision land use plan at is not in use until July 1
1995. The Pelican Reef m er plan whit includes lot layouts and proposed roads has beer, approved by the
P n r County Planning Dept.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries
Service (NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened
species or critical habitat in the permit area that may be affected by the proposed project. Have you done so?
YES [X] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding thy, presence of historic
properties in the permit area which may be affected by the proposed project: Have you don') so? YES [X] NO [
]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation may showing all wetlands, streams, and lakes on the propcr?y.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project, attach copy.
E. What is land use of surrounding property? rural. undeveloped
F. If applicable, what is proposed method of sewage disposal? on-site and off-sit.. waste treatment
0 F;-,bruary 1911995
C i J kson Dr.tc
Environmental Specialist
VICINITY MAP
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LAND MANAGEMENT GROUP, INC
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INCLUDES 241.4 TOTAL ACRES
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SURVEY FOR
101LL .14',N ].,.. NO[I ./_ • -. WATER VIEW, INC.
PART OF DIVISIONS 4,7,10
- - - R.J. ANDREWS ESTATE
J• TOPSAIL TOWNSHIP PENOER COUNTY
NORTH CAROUNA
SEPTEMBER MAP BOOK I 'PAGE 89
I
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DEED BOOK 584 PAGE 34
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STUART Y. BENSON k ASSOCIATES
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PROPOSED CROSSING AREAS
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TOPOGRAPHIC POSITION ON SIDE
OF SLOPE NECESSITATES AN
> EXTRA 15' OF FILL FOR
ROAD STABILIZATION

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UPLAND
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PROPOSED FILL AREA Approximate Scale in Feet
14,200 SQ. FEET OF IMPACT
(A:100'x50' 6:30'x50') 0 100 200
INCLUDES ROAD R1W AND FILL SLOPE
LAND MANAGEMENT
Pelican Reef GROUP INC.
rPender opsail Township ' Proposed NWP Road Crossings
County, North Carolina
Crossing # 1
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PROPOSED FILL AREA Approximate Scale in Feet
4000 SQ. FEET OF IMPACT -r 7
80'x50' 0 100 200
L LAND MANAGEMENT
Pelican Reef GROUP INC
Topsail Township ' r Proposed NWP Road Crossings
Pender County, North Carolina
Crossing #2
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PROPOSED FILL AREA
® 1750 SO. FEET OF IMPACT
(35'x50')
Pelican Reef GROUP, INC. -q
Topsail Township
Pender County, North Carolina
Approximate Scale in Feet
0 100 200
Proposed NWP Road Crossings
Crossing # 3
• Ak *Be V/
Pelican Reef GROUP, INC
Topsail Township r q Proposed NWP Road Crossings
Pender County, North Carolina
Crossing #4
PROPOSED FILL AREA Approximate Scale in Feet
® 10,000 SO. FEET OF IMPACT
(200'x50') 0 100 200
VIRGINIA CREEK
t 241.4 TOTAL ACRES
lQPq AIWAP IAIPPA_QPn 93WnTCI
DmA ±18.2 Ac.
(Jw.?7 128.1 AC.
??. to fi M. 3 Ac.
OCTOBER 24. 1994
LAND MANAGEMENT GROUP, INC.
DATA FORM
ROUTINE WETLAND DETERMINATION UPLAND
(1987 COE Wetlands Delineation Manual)
- ----- - - -- _ rage -W2.
Project/Site: Virginia Creek Date: _
Applicant/Owner: Don Rhine County:
Investigator: Chip Jackson, Mark Tippett, Rob Moul State: _
Rudy Schiener, C.O.E.
Do Normal Circumstances exist on the site? 'es No Community ID: __ URlland
Is the site significantly disturbed (Atypical Situation)? es Transect ID:
Is the area a potential Problem Area? Yes Plot ID: -
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
1. Loblolly Pine Tree FAC 9. Redcedar Tree FAC
2. Live Oak Tree FACU 10. Sassafras Shrub FACU
3. Turkey Oak Tree FACU 11. Wild Grape W.Vine FAC
4. Hickory Tree FACU 12. Smilax W.Vine FAC
5. Black Cherry Tree FACU 13. Bracken Fern G, Cover FACU
6. Waxmyrtle Shrub FAC 14.
7. Yaupon Shrub FAC 15.
8. American Holly Shrub FAC 16.
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-) 35 percent
Remarks:
-Recorded Data (Describe in Remarks):
_Stream,Lake, or Tide Gauge
X Aerial Photographs
Other
No Recorded D-ata Available
Field Observations:
Depth of Surface Water: - - _(in.)
Depth to Free Water in Pit: > 12 (in.)
Depth to Saturated Soil: > 12 (in.)
Wetland Hydrology Indicators:
Primary Indicators
-Inundated
-Saturated in Upper 12 Inches
-Water Marks
-Drift Lines
-Sediment Deposits
-Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
-Oxidized Root Channels in Upper 12 inches
Water-Stained Leaves
Local Soil Survey Data
_FAC-Neutral Test
Other (Explain in Remarks)
Infra-red Aerial photo used in the field.
SOILS
ite:
Map Unit Name
(Series and Phase): Baymeade fine sand
Taxonomy (Subgroup): Arenic Hapludults
Profile Description:
Depth
(Inches) Horizon
0 -3 A
Matrix Color
(Munsell Moist)
10YR 4/1
3 -9 E 10YR 7/1
9-23 E/Bh 10YR 7/3
23 - 42 Bt1 10YR 5/6
Hydric Soil Indicators:
_Histosol
_Histic Epipedon
_Sulfidic Odor
_Aquic Moisture Regime
-Reducing Conditions
Gleyed or Low-Chroma Colors
Remarks:
No hydric soil indicators seen.
Drainage Class: One
Field Observations
Confirm Mapped Type? Yes
No
Mottle Texture, Concretions,
Abundance/Contrast Structure, etc.
fine sand; loose
- sin le rained
fine sand;loose
clear wavy boundary_
common medium distinct loose;single grained
5yr 4/6 clear wavy boundary
weak fine subangular
blocky structure-,friable
-Concretions
-High Organic Content in Surface Layer in Sandy Solis
-Organic Streaking in Sandy Soils
Listed on Local Hydric Soils List
-Listed on National Hydric Soils List
Other (Explain in Remarks)
NETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes o (Circle) (Circle)
Wetland Hydrology Present? Yes o
Hydric Solis Present? Yes Is this Sampling Point Within a Wetland? Yes
Remarks:
Wetland line flagged in pink/black ribbon
Approved by HQUSACE 3/92
Applicant/Owner: Land Management Group, Inc.
Don Rhine Post Office Box 2522
54 Narrow Way Wilmington, N.C. 28402
Wilmington, N.C. 28505 910-452-0001
Project/Site:
Applicant/Owner:
Investigator:
LAND MANAGEMENT GROUP, INC.
DATA FORM
ROUTINE WETLAND DETERMINATION WETLAND
(1987 COE Wetlands Delineation Manual)
___---Paget of 2.
Virginia Creek Date: Sept. 29, 1994
Don Rhine _ County: Pender
Chip Jackson, Mark Tippett, Rob Moul State: NC
Rudy Scheiner, C.O.E.
Do Normal Circumstances exist on the site? No Community ID: Wetland
Is the site significantly disturbed (Atypical Situation)? Yes Transect ID: -
Is the area a potential Problem Area? Yes o Plot ID:
(If needed, explain on reverse.)
VEGETATION
uommant runt Species stratum

1. Red Maple Tree/Shrub

2. Loblolly bay Tree/Shrub

3. Loblolly Pine Tree

4. Fettabush Shrub

5. Bitter gallberry Shrub

6. Cinnamon fern G. Cover

7. Netted chain fern G. Cover

8. Royal fern G. Cover
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-)
100 percent
HYDROLOGY
X Wetland Hydrology Indicators:
-Recorded Data (Describe in Remarks): Primary Indicators
X Stream,Lake, or Tide Gauge Inundated
-Aerial Photographs -
X Saturated in Upper 12 Inches
Other Water Marks
No Recorded Data Available -
Drift Lines
-Sediment Deposits
X Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
X Oxidized Root Channels in Upper 12 inches
Depth of Surface Water: - (in.) _X__ Water-Stained Leaves
_ Local Soil Survey Data
Depth to Free Water in Pit: <12 (in.) FAC-Neutral Test
_
-Other (Explain in Remarks)
Depth to Saturated Soil: <12 (in.)
dicator Dominant Plant Species Stratum Indicator
FAC 9. Poison Ivey W. Vine FACW
FAC- 10. Smilax W. Vine FAC
FAC 11. Catbriar W. Vine FAC
FAC 12.
FAC 13.
OBL 14.
OBL 15.
OBL 16.
Infra-red photo used in the field.
SOILS Proiect/Site: Virginia Creek Page 2 of 2 wetland
Map Unit Name
(Series and Phase): Murville mucky fine sand _ Drainage Class: Four
Field Observations
Taxonomy (Subgrou p): Typic Haplaquads Confirm Mapped Type? es No
Profile Description:
Depth Matrix Color Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) Abundance/Contrast Structure, etc.
very friable; weak med.
0 -5 A 5YR 2/1 r - granular structure
massive; very friable
5 - 35 Bh1 5YR 2/1 - gradual wavy bound"
massive; very friable
35 - 55 Bh2 5YR 3/2 - gradual wavesboundary
Hydric Soil Indicators:
Histosol
_Histic Epipedon
X Sulfidic Odor
_Aquic Moisture Regime
X Reducing Conditions
X Gleyed or Low-Chroma Colors
Remarks:
_ Concretions
X High Organic Content in Surface Layer in Sandy Soils
Organic Streaking in Sandy Soils
X -Listed on Local Hydric Soils List
Listed on National Hydric Soils List
-Other (Explain in Remarks)
VETLAND DETERMINATION
Hydrophytic Vegetation Present? es No (Circle)
Wetland Hydrology Present? a No
Hydric Soils Present? a No
Remarks:

Is this Sampling Point Within a Wetland? es
(Circle)
No
oved by HQUSACE 3/92
Applicant/Owner: Land Management Group, Inc.
Don Rhine Post Office Box 2522
54 Narrow Way Wilmington, N.C. 28402
Wilmington, N.C, 910 -452 -0001

LAND MANAGEMENT GROUP, INC.
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Virginia Creek Date: Sept.29,1994
Applicant/Owner: Don Rhine County: Pender
Investigator: Chip Jackson, Mark Tippett, Rob Moul State: NC
Rudy Schelner, C.O.E.
Do Normal Circumstances exist on the site? Yes No Community ID: ---Wetland
Is the site significantly disturbed (Atypical Situation)? Yes o Transect ID:
Is the area a potential Problem Area? Yes Plot ID: -
(if needed, explain on reverse.)
VEGETATION

Dominant Plant Species --
Stratum ----
Indicator ----------- --
Dominant Plant Species Str
1. Spartina Alterniflora G. Cover OBL 9.
2. Wax Myrtle Shrub FAC 10.
3. Black needlerush G. Cover OBL if.
4. Sawgrass G. Cover OBL 12.
5. Eastern Baccharis G. Cover FAC 13.
6. Giant Cordgrass G. Cover OBL 14.
7. Royal Fern G. Cover OBL 15.
8. 16.
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-) 100%
Hemarks:
X Recorded Data (Describe in Remarks):
_Stream,Lake, or Tide Gauge
X Aerial Photographs
-Other
No Recorded Data Available
Field Observations:
Depth of Surface Water: 0 (in.)
Depth to Free Water in Pit: 0 (in.)
Depth to Saturated Soil: 0 (in.)
Remarks:
Infra-red aerial used in the field.
Wetland Hydrology Indicators:
Primary Indicators
X Inundated
_X Saturated in Upper 12 Inches
_X Water Marks
X -Drift Lines
-Sediment Deposits
X Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
X Oxidized Root Channels in Upper 12 inches
Water-Stained Leaves
X Local Soil Survey Data
FAC-Neutral Test
-Other (Explain in Remarks)
TOILS Project/Site: Virginia Creek Page 2 of 2 wetland
Map Unit Name
(Series and Phase):Bohicket silty clay loam Drainage Class: Four
Field Observations
Taxonomy (Subgroup): Typic Sulfaquents Confirm Mapped Type? No
Profile Description:
Depth Matrix Color
(inches) Horizon (Munseli Moist)
0 - 15 A 5y 4/1 "
15 - 25 C91 5Y 4/1
25 - 50 Cg2 5Y 4/1
Hydric Soil Indicators:
_Histosol
_Histic Epipedon
X Sulfidic Odor
X Aquic Moisture Regime
-Reducing Conditions
X Gleyed or Low-Chroma Colors
Mottle Texture, Concretions,
Abundance/Contrast - - Structure, etc.
massive; sticky
fine roots & cordgrass
----------------------------------- - ------------
massive; slightly viscou
roots & cordgrass stem.
massive; sticky
- slightly_ viscous
concretions
-High Organic Content in Surface Layer in Sandy Soils
-Organic Streaking in Sandy Soils
X Listed on Local Hydric Soils List
X Listed on National Hydric Soils List
-Other (Explain in Remarks)
Remarks:
NETLAND DETERMINATION
Hydrophytic Vegetation Present? es No (Circle)
Wetland Hydrology Present? a No
Hydric Soils Present? es No
Remarks:
Wetland line flagged in pink/black ribbon
(Circle)
Is this Sampling Point Within a Wetland? es No
Applicant/Owner: Land Management Group, Inc.
Don Rhine Post Office Box 2522
54 Narrow Way Wilmington, N.C. 28402
Wilmington, N.C. 910 -452 -0001
LETTER AGREEME23T
I (we) desire for Land Management Group, Inc., to perform the
above noted services at the above stated price. An-
additional work performed not specifically included within
this proposal shall be billed at our regular hourly rate o
$60/hour. The undersigned will be responsible for payment o
any legal costs as:;ociated with collection of overdue
invoices.
Nam i le Date
G?1f'T L
PLEASE SIGN AND RETURN THE EXECUTED ORIGINAL LETTER AGREEMENT'
TO OUR OFFICE.
LAND MANAGEMENT GROUP, INC
State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
March 27, 1995
a kr.!*A
in,
dmk
EMEHNR
Mr. Don Rhine
54 Narrow Way,
Wilmington, NC 28405
RE: DEM ID# 95205, Nationwide Permit Application
Pelican Reef Subdivision, Near Hwy 17 and S.R. 1561, Pender County
Dear Mr. Rhine:
The North Carolina Division of Coastal Management has reviewed the above-referenced application for a
Nationwide Permit dated February 19, 1995 pursuant to Section 307 of the Coastal Zone Management Act of 1972
as amended. Based upon our review, we have determined that the proposed activity is consistent with the North
Carolina Coastal Management Program provided the following conditions are met:
1. The activity described in the above-referenced application qualifies to receive one of the Nation-
wide Permits described in 33 CFR Part 330 with the exception of Ntimbers 17, 21,.24, and 34
which were found inconsistent with the North Carolina Coastal Management Program.
2. A 401 Water Quality Certification is received, where required, from the North Carolina Division
of Environmental Management.
This letter does not relieve you of the responsibility to insure that all other State authorization and/or permit
requirements are met prior to implementation of the project. Attached is a Memorandum written by Ms. Zoe
Bruner, District Planner with the Division. Please read the Memo carefully and take note of all comments and
recommendations. I have examined the file and have determined that there is at least one apparent common
easement which was originally tentatively identified as a boat ramp. I have discussed this with Janet Russell and I
understand that she has determined from you that no common amenities are contemplated at this time. However,
should you decide to add amenities such as a community boat ramp, pier, dock, etc., such action would require a
Major CAMA Permit and at that time any and all development within the subdivision would be subject to review,
not just the Areas Of Environmental Concern.
Feel free to contact me at [phone] if you have any questions or need further assistance.
Sincerely,
C. Robert Stroud, Jr.
District Manager Fly ?Q9 ?c?GF
`ti ?I9? U
o4cc: Preston P. Pate, Jr. DCM ?1' 9
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Steve Benton, Consistency Coordinator sc,
F?
Wilmington District Engineer; ATTN: CESAW-CO-E cFs
John Dorney, DEM/Raleigh
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer
J
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina
28405
MEMORANDUM
TO: JANET RUSSELL
FROM: ZOt D. BRUNER
SUBJECT: PELICAN REEF NATIONWIDE PERMIT APPLICATION REVIEW
DATE: March 22, 1995
I have reviewed the COE application packet submitted to us by Land Management Group, Inc.
for the Pelican Reef development. The proposal is to fill 0.68 acres of wetlands to bring 404
areas to grade with existing high ground areas for the purpose of access to high ground.
The following policy from the Land Use Plan should be noted:
*Page 44, #2: Constraints to Development Including Flood Prone Areas, Soil Suitability
and Septic Tank Use
POLICY: County policy will be to permit development which is proposed to be located outside hydric soil areas
and meets all zoning, Health Department and flooding regulations and other State or federal regulations.
The road crossings are for the specific purpose of reaching high ground. The developer has
made every effort to minimize the environmental impacts of this development, and has strived
to locate his roads accordingly. This proposal is consistent with the Land Use Plan if conditions
and restrictions placed on the construction of the crossing are met.
The largest crossing, #4, would be best served aesthetically and environmentally with a bridge.
However, I have passed your suggestion of a box culvert under crossing #4 on to Mr. Rhine.
He is open to the suggestion, and has asked for more information on the box culvert: how big
is it? is it square? does it replace the round 4-foot concrete culvert he has proposed, or is it in
addition? I have also discussed this with Chip Jackson.
It is specified in the application that all lots have been designed so that no individual lots require
driveway fill. Although not a provision of this consistency, it appears from the master plan
submitted that lots 27, 28, and 262 may have difficulty complying with this statement. I
understand from Jackson that this condition has been corrected on a more recent site plan.
Similar difficulties on lot 150 have not been corrected. It is also not specified if individual fill
may be required for development on some sites (building foundation).
cc: C. R. Stroud, Jr.
D. Rhine
C. Jackson

RECEIVED
MAR 2 71995
ENVIRONMENTAL SCIENCES
r1pn einu
KJ North Carolina Wildlife Resources Commission 0
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Dorney
Water Quality Section
Division of Environmental Management,` DEHNR /
FROM: Franklin T. McBride ????? ?/?Q??4
Habitat Conservation Program
Date: March 16, 1995
Subject: Nationwide 401 Permit Application for Don Rhine, 54 Narrow Way, Wilmington,
project location near Holly Ridge, Pender County, North Carolina. (Project #
95205)
Staff biologists with the Wildlife Resources Commission have reviewed the project and
associated impacts on wildlife and fishery resources in the area. An onsite investigation was
conducted on March 14, 1995. Our comments are provided in accordance with provisions of the
Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and
Section 401 of the Clean Water Act (as amended) and North Carolina General Statutes (G.S.
113-131 et seq.).
The applicant is proposing to fill four small sections of `404' wetlands to construct a
roadway to access high ground for a proposed subdivision. The property consists of about 241
acres of which about 71 acres are '404' wetlands. The immediate impacts to wetlands from the
road construction total 0.68 acres. Two of the four proposed fill areas include sections of small
tributaries to Virginia Creek, which flows into the Atlantic Intercoastal Waterway. The wetlands
on the project site provide valuable wildlife habitat and serve as travel corridors for numerous
species of amphibians, reptiles, birds, and mammals. These wetlands also protect water quality
in Virginia Creek by filtering pollutants and buffering storm water runoff
The project as proposed would immediately destroy 0.68 acres of wetlands and another
70 acres of `404' wetlands will be threatened by future development. We have determined that
this project is inconsistent with our Policies and Guidelines for Conservation of Wetlands and
Aquatic Habitats. It is the policy of this agency to oppose projects which "displace, damage, or
modify wetland values and functions". We also believe that this project is inconsistent with the
Environmental Protection Agency's Section 404(b)(1) guidelines in that the project does not
constitute a water dependent activity. However, we would not recommend that a 401 Water

Don Rhine 2 3/16/95
DEM NO: 95205
Certification be denied if deed restrictions prohibiting perspective property owners from
impacting wetlands is required for all lots containing wetlands.
We also recommend that the streams be bridged for crossings #1 and #4 rather than
culverted and filled. This would reduce the immediate impacts to wetlands and aquatic fauna on
the project site.
Thank you for the opportunity to comment on this project. If you have any concerns
about our comments, please contact Brad E. Hammers at (919)-939-1167.
cc: William Wescott, Coastal Habitat Coordinator
Bennett Wynne, Fisheries Coordinator
Brad E. Hammers, District 2 Fisheries Biologist
Bobby Maddrey, District 2 Wildlife Biologist

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1NETLAND RATING ' WORKSHEET- FUrtl, Vers?on

Project name ..... ?.._. _._ _A Nearest road 4"C l7
County N Wetland are acres Wetland width feet
Name of evaluator ?r-lcv mate

Wetland location - Adjacent 1 and use
(within 1/2 mile, upstream,- upslope, 1
i ? on pond or=lake or radius)
! ? on perennial stream. . _
? forested/natural vdgetklo' n
i
on intermittant stream
'
-
urbanlsuburban'
1 agriculture,
1
F] irithin interstrean] divide ? impervious surface
L] other
Dominant vegetation,..

Soil series 6A4,il? pp

? predominantly organic - humus,
muck, or peat (3)
? predominantly mineral - non san dy
?'predotr? nantly sandy Flooding and wetness
? semiperrnanently -,to errranently.
flooded or iriundated -
Hydraulic factors ? seasonally flooded, or inundated
? steep topography f?ntermittantly flooded or temporary
? ditched or channelized
sLlrface water
? (f total wetland width >I 00' feet ? no evidence of fooling or surface
water
*
Wetland type (select one)
? Bottomland hardwood forest ? Pine savanna
? Headwater forest ? Freshwater marsh
? Swamp forest ? Bog/fen
i=. ? Wet flat ? Ephemeral % etland
? Pocosin ? Carolina Ba
T
l

? Bog forest
/J
? „ p P
12C
La' Other
"The rating system cannot be applied to salt or brackish marshes or stream channels
weight %
Water storage 3 x 4.00 = t

Q Bank/Shoreline stabilization -- ?-
x 4.00 = Wetland Score
Pollutant removal 3"
• x 5.00 = ? -
U
Wildlife habitat
x 2.00 =
Aquatic life value x 4.00 =
Uv Recreation/Education x 1.00 =

G Add 1 point it in sensitive watershed and > 10% nonpoint disturbance within 1 /2 mile upstream, upslope, or radius
;

57
.
WETLAND RATING WORKSHEET Fourth Version
4
i"
Protect name NMI i,ve Dearest road C i 7
County A;Ltg Wetland area -10 acres _ %,etland width feet
Name of evaluator Date 3/9-,
l Wetland location ?. ,
Adjacent land use
r- (within , 1/2 mile upstream,- upslope,
i ?. ? on pond or lake or radius)
f ? on perennial stream,,',
"
? forested/natural vegetation" ?iA
stream
on interYnittant
r
"
" ? agricultute, "ur han/suburoan, 'o
clipride
? Within interstreaizl"
? impervious sur faces`

Dominant vegetation:

Ir
l
i

i
•?t
Soil series
4i (A Gf`r„/' (2 } I is f
? predominantly " organic - humus, "

muck; or peat s/n?t1?. D
(3)?.
? predom'nantly mineral - non-sandy
? predom'nantly ' sandy Flooding and, Wetness
? set- npermanently,. to perr,anently
f,ooded or inundated
Hydraulic factors
? seasonally flooded or inundate ci
? steep topography, intermittently flooded " or temporary
211 ?
? ditched or "-channeiized surface; water;
"
(total wetland width ">100 feet ? no evidence of hooding or surface
..water

Wetland type (select one)* .
? Bottomland hardwood forest ? Pine savanna
CJ Headwater forest
" ? Freshwater marsh

? Swamp forest ? Bog/fen

r
? Wet flat ? Ephemeral wetland ,
? Pocosin ? Carolina Bay
R'Other-
? Bog forest
i<
'he rating system cannot be applied to sal
t or brackish marshes or stream channels
weight
n
' !1? Water storage x 4.00 =
?
G?1 Bank/Shoreline stabilization -?
x 4.00 = Wetland Score
Pollutant removal _ x 5.00 -
Wildlife habitat 3 x 2.00
Aquatic life value ?- x 4.00 =
Uv Recreation/Education 1 x 1.00 =
G{ Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within 1 /2 mile upstream, upslope, or radius ;
?7