20060930 Ver 4_More Info Received_20090917

LMG
LAND MANAGEMENT GROUP INC.
Environmental Consultants
TO: Ms. Emily Hughes
U. S. Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
September 16, 2009
n--r F o Le - o g 3 o V ?.
?,?.?oL o q
fix!! /2 n
S L- Y 2009
WETS DENR. WATER QUALITY
-ANDS AND STp; M !'ATER SRP,NCH
RE: NWP 29 Application for Autumn Hall Town Center; New Hanover County, NC
Additional Information
Action ID# SAW-2006040204-065
Dear Emily:
Thank you for your email dated July 27, 2009 in which you request additional information regarding
the NWP 29 application for the Autumn Hall Town Center. Enclosed is a letter from the project engineer,
Mr. John Tunstall, which addresses your comments. Please note that we plan to prepare a revised wetland
preservation map once we have received your input regarding the revised preservation language (enclosed).
Please review this information and let me know if you have any other questions prior to being able to
issuing the NWP 29. Thank you for your assistance with this project.
Sincerely,
im Williams
Wetland Scientist
Encl.
C: Mr. Raiford Trask, Autumn Hall Incorporated
Mr. John Tunstall, Norris, Kuske, and Tunstall
Mr. Chad Coburn, DWQ
Mr. Ian McMillan, DWQ
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402

NORRIS, KUSKE &TUNSTALL
CONSULTING ENGINEERS,
September 15, 2009
Ms. Kim Williams
Land Management Group, Inc.
P.O. Box 2522
Wilmington, NC 28402
Re: Autumn Hall Corps of Engineers Permit Revision
Wilmington, NC
NKT Project No. 09011
Dear Ms. Williams:
INC.
J. Phillip Norris, P.E.
John A. Kuske, III, P.E.
John S.Tunstall, P.E.
J.A. Kuske, P.E. of Counsel
In response to Emily Hughes' e-mail of July 27, 2009, please find the following
responses:
1. Please reference the attached Field Investigation Report from H. Snider of the
NC Division of Coastal Management regarding the dock encroachment.
2. Parking for the kayak dock will be incorporated within the Autumn Hall
development. Access from the roads and parking within the Autumn Hall
development to the kayak dock will be low impact walk paths. Stormwater
treatment for all impervious areas will be in accordance with the City of
Wilmington and NC DENR requirements.
3. Please find attached the proposed Declaration of Covenants for Conservation
Areas to indicate changes for the kayak dock. Upon review and approval of the
information, we will then make changes to the Declaration of Covenants for
Conservation Areas and the wetland preservation plat for the impact revisions.
Please feel free to contact us with any questions you may have. Thank you for your
assistance on this project.
Sincerely,
NORRIS, KUSKE & TUNSTALL
CONSULTING ENGINEERS, INC.
Joh S. Tunstall, P.E.
JST/asn
09011 09-15-D9-corps response-Itr
902 Market Street • Wilmington, NC 28401-4733 • Phone: [phone] • Fax: [phone]
SCANNED
FIELD INVESTIGATION REPORT
DIVISION OF COASTAL MANAGEMENT
APPLICANT'S NAME: Autumn Hall- Raiford Trask
Ugol1I
2. LOCATION OF PROJECT SITE: 1202 Eastwood Road, Wilmington, in New Hanover County,
adjacent to the headwaters of Bradley Creek
Photo Index - 2006: 24-7411: P,Q-7 2000: 24-308: H-18 1998:11-219: G-4
1995: 24-289: J-18
State Plane Coordinates - X:172 420.744 Y: 2 364 218.945 GPS - 0-121612A
Lat: 34°13"03.58546" N Long: 77°47'43.06503" W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit- 12/16/08, 1/27/09
Was Applicant Present - Yes No
5. PROCESSING PROCEDURE: Application Received - 03/12/08, 2/12/09 (Complete)
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Wilmington - New Hanover County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: ES, EW, PTA
(C) Water Dependent: Yes
(D) Intended Use: Private/Community
(E) Wastewater Treatment: Existing - Community System
Planned - None
(F) Type of Structures: Existing- Former Golf Course currently undergoing
redevelopment as a Residential/ Mixed Use Community
Planned- Fixed pier for kayak launching
(G) Estimated Annual Rate of Erosion: N/A
Source - NIA
7. HABITAT DESCRIPTION: [AREA]
nRFnGFn FII I Fn nTHFR
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands 384 sq.ft.
(Open Water)-PTA Incorporated
(C) Other - PTS 112 sq.ft
Disturbed
(D) Total Area Disturbed: 496 sq.
(E) Primary Nursery Area: Yes
(F) Water Classification: SC-HQW
ft. (>0.01 acres)
Open: CLOSED
Field Investigation Report
Autumn Hall
Page 2
8. PROJECT SUMMARY: The applicant proposes to construct a kayak /canoe launch dock
adjacent to Bradley Creek, for private use of a mixed-use development, including but not
limited to: commercial and retail business spaces, residential home sites, access roads,
utilities, and amenities.
9. PROJECT DESCRIPTION:
The project is located at 1202 Eastwood Road (NC Hwy 74), adjacent to Bradley Creek,
Wilmington, New Hanover County. To locate the property from Market Street, travel East on
Eastwood Road approx. 1.7 miles towards Wrightsville Beach. The project site can be
accessed from Autumn Hall Road which is located on the southern property boundary. The
236 acre tract is irregular in shape and formerly operated as the Duck Haven Golf Course.
The property has an average elevation of 5 feet above mean sea level. The riparian
properties adjacent to the project site are residential mixed use developments. Existing man-
made features on the project site include an office building, stormwater retention devices, and
upland utility construction. The upland area transitions to a border of Section 404 Federal
Wetlands, adjacent to the south and east property boundaries, that are a part of the Bradley
Creek Watershed. Located along the southern property boundary, a natural basin exists at
the headwaters of Bradley Creek. The project site has approximately 235 feet of shoreline
frontage along the headwaters of Bradley Creek. Along the east bank of the basin, a large
area of sawgrass (Cladium jamaicense) is present for a width of approximately 20 feet,
landward of Normal High Water (NHW). A few isolated sawgrass plants are located along the
north shoreline of the basin and the west bank of the basin is void of wetland vegetation.
The Wilmington -New Hanover County Land Use Plan classifies the adjacent waters as
Conservation and the high ground as Resource Protection. In the project area, the waters of
Bradley Creek are classified as SC-HQW by the NC Division of Water Quality and are not
open to the harvest of shellfish. These waters are designated as Primary Nursery
Area (PNA) by the NC Division of Marine Fisheries.
10. 'PROPOSED PROJECT:
The applicant proposes to construct a kayak /canoe launch dock adjacent to Bradley Creek,
for private use of a mixed use development, including but not limited to: commercial and retail
business spaces, residential home sites, access roads, utilities, and amenities. The planned
mixed use development would consist of 300 residential home sites and space for 17
commercial and retail buildings. Upland development on the tract has been approved under
New Hanover County Land Disturbing Permit GP 64-06 and NC Division of Water
Quality Stormwater Permit SW8#040333. The proposed kayak/canoe launch dock would be
located along the southwest shoreline of the Bradley Creek basin. As proposed, the launch
dock would be comprised of a fixed platform connected by fixed ramp to a fixed "t-head"
platform that would be constructed at an angle on either end to allow for ease of launching
kayaks and canoes. As proposed, the launch dock would consist of a 16 feet wide by 16 feet
long platform
Field Investigation Report
Autumn Hall
Page 3
extending from highground. The platform would be connected by fixed ramp, measuring 8 feet
long by 6 feet wide, to a fixed "T-head" platform. The proposed "T-head" platform would have
a center platform measuring 16 feet long by 8 feet wide. Angled from either end of the fixed
platform would be an 8 feet wide by 8 feet long ramp. As proposed the overall length of the
"T-head" platform would be 32 feet, although as designed, the fixed "T-head" platform with
angled ramps would only impact a total of 24 linear feet of open water. The applicant
submitted a hydrographic survey which shows water depths ranging from -2 feet to -4 feet at
Normal Low Water (NLW), in the basin. The water depths in the area of the proposed
kayak/canoe launch dock would be approximately -2.6 feet at NLW. As proposed, the kayak/
canoe launch dock would extend in a waterbody that measures approximately 50 feet in width.
11. ANTICIPATED IMPACTS:
The proposed kayak/ canoe launch dock would result in 496 square feet of overall impact, to
both the Coastal Shoreline and the Public Trust Area AEC. A portion of the fixed platform,
located adjacent to the high ground, would measure approximately 7 feet long by 16 feet wide
and would result in 112 square feet of impact to the Coastal Shoreline AEC. The remaining
portion of the kayak/ canoe launch dock, consisting of the remainder of the fixed platform,
ramp and access platform, would be located within the Public Trust Area AEC and would
result in 384 of open water impact. The proposed construction of the kayak/canoe launch
dock would not impact any Coastal or 404 Wetlands. As proposed the kayak/canoe dock
would extend approximately 25 feet into a waterbody which measures approximately 50 feet
across. This distance would not conform to the'/ width rule. Minor increases in turbidity
should be expected during construction.
Submitted by: H. Snider Date: 1/13/09 Office: Wilmington
Recommendations for State Permit - Autumn Hall
Page 1
The total square footage of platform and docks was calculated as follows:
Shoreline length = 250 ft. x 4 sq.
Platform= 16 ft. x 16 ft. = 256 sq
"T Head" platform = 8 ft. x 24 ft.
Ramp =6ft.x8ft. =48 sq. ft.
Total = 496 sq. ft.
ft = 1,000 sq. ft. allowable.
. ft.
=192 sq.ft
It is the staff's recommendation that the construction of the kayak/canoe launch dock are CONSISTENT
with the Rules of 15 NCAC 7H.0206 (d) Use Standards for Estuarine Waters, Rules of 15 NCAC 7H.0207
(d) Use Standards for Public Trust Areas and Rules of 15 NCAC 7H.0209 Coastal Shorelines.
It is staff's recommendation that the proposed pier and platform are CONSISTENT with the Rule in 15
NCAC 7H.0208 (b) (6) (F) which states docks, piers and "T"'s and associated structures built over
wetlands must be elevated at least three feet above the wetland substrate measured from the bottom of
the decking. As proposed the pier and associated walkways would be elevated a minimum of three feet
above the Coastal and 404 Wetlands.
It is staff's recommendation that the proposed pier and platform are INCONSISTENT with.the Rule in 15
NCAC 7H.0208 (b) (6) (J) (iii) which states Pier length shall be limited by not extending more than one-
fourth the width of a natural water body, or human-made canal or basin. Measurements to determine
widths of the water body, canals or basins shall be made from the waterward edge of any coastal wetland
vegetation which borders the water body. The one-fourth length limitation shall not apply in areas where
the U.S. Army Corps of Engineers, or a local government in consultation with the Corps of Engineers,
has established an official pier head line. The one-fourth length limitation shall not apply when the
proposed pier is located between longer piers within 200 feet of the applicant's property. However, the
proposed pier cannot be longer than the pier head line established by the adjacent piers, nor longer than
1/3 the width of the water body. As proposed the pier will extend 25 feet into the basin of the headwaters
of the Bradley Creek basin that measures approximately 50 feet in width. This office recommends
approval of the proposed dock considering the conditions of the waterbody and the proposed dock would
be located within a basin that is located entirely within the applicant's property boundary. The applicant's
property boundary is approximately 220 feet south of the basin where the proposed dock would be
located. The waters of Bradley Creek adjacent to the basin narrow significantly (approximately 10 feet
wide) as the creek flows south and remain relatively shallow (>2 feet at NLW). The applicant has riparian
rights to a significant portion of the creek, as proposed the dock would not affect adjacent riparian
property owner rights. Water depths and the waterbody width of adjacent creeks and tributaries would
significantly limit access and navigation of larger vessels
This office has no objections to the proposed kayak/canoe launch dock. Any permit issued should include
the following conditions:
1. This permit authorizes only the docks, piers, and other structures and uses located in or over the
water that are expressly and specifically set forth in the permit application. No other structures,
whether floating or stationary, may become a permanent part of the structure without permit
modification. No non-water dependent uses of structures may be conducted on, in, or over public
Recommendations for State Permit - Autumn Hall
Page 2
trust waters without permit modification.
2. No attempt will be made by the permittee to prevent the full and free use by the public of all
navigable waters at or adjacent to the authorized work.
3_ The authorized structure and associated activity must not cause an unacceptable interference with
navigation.
4. In order to protect water quality, runoff from the construction must not visibly increase the amount
of suspended sediments in adjacent waters.
5. The permittee will maintain the authorized work in good condition and in conformance with the
terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
project without having the permit transferred to a third-party.
6. This permit does not authorize any formalized dockage or moorings. At no time shall any vessels
be moored to the docking structure.
1 kz `C
SCANNED ?-?
Prepared by: Kenneth A. Shanklin
and return to: SI IANKLIN c& NIC IOLS, LLP
214 Market Street
Post Office Box 1347
Wilmington, NC 28402-1347
Telephone: [phone]
Telefax: [phone]
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
DECLARATION OF COVENANTS
FOR
CONSERVATION AREAS
THIS DECLARATION OF COVENANTS FOR CONSERVATION AREAS is
made this day of February, 2007, by and between RAIFORD G. TRASK, JR.. TRUSTEE
under the Raiford G. Trask, Jr. Revocable Trust, and any amendments thereto, dated May 23.
2006 (see Memorandum of the Trust recorded in Book 5042 at Pages 1382-1396 of the New
Hanover County Registry), ETHEI. TRASK COUPLAND, TRUSTEE, under the. F,thel Trask
Coupland Revocable Trust, and any amendments thereto, dated March 17, 2005 (see
Memorandum of the Trust recorded in Book 5141 at Pages 1016-1026 of the New Hanover
County Registry), and D. WFBSTER TRASK and wife, JUIrIA C. TRASK, of' Wilmington.
North Carolina ("Declarants"). (This Declaration of Covenants for Conservation Areas, as may
be amended from time to time, is referred to as the "Covenant.")
BACKGROUND STATEMENT
Declarants are the owners of the property described on the Plat (as referenced and defined
below and referred to herein as the "Property") which will become a mixed-use planned
community currently known or to be known as "Autumn Hall." This Covenant is being recorded
to satisfy the requirements of the U.S. Army Corps of Engineers, Wilmington District ("District")
with respect to preserving mitigation property within the Autumn Hall community.
Article I
Statement of Binding Effect
Declarants hereby irrevocably declare that the Property described on the Plat as
Conservation Areas (as such terms are described and defined below) shall he held, sold, and
conveyed subject to the covenants and easements contained herein, which shall run with title to
the Conservation Areas and shall inure to the benefit of and be binding upon all persons having
any right, title, or interest in such property.
Article II
Covenant
The areas shown on that certain "Wetland Preservation Map of Autumn Hall," dated
February , 2007 and recorded in Map Book at Page of the New Hanover
County Registry (the "Plat") as conservation areas or wetlands impact areas ("Conservation
Areas") shalt be maintained in perpetuity in their natural or mitigated condition, which Plat is
incorporated herein by reference and made a part hereof.
Areas:
No person or entity shall perform any of the following activities on such Conservation
a. fill, grade, excavate or perform any other land disturbing activities;
b. cut, mow, burn, remove, or harm any vegetation;
c. construct or place
any roads, trails, walkways, buildings, mobile homes, signs, utility poles or
towers or any other permanent or temp?orary, structures; except for the kayak(
canoe launch structure shown on the Plat;
d. drain or otherwise disrupt or alter the hydrology or drainage ways of the
Conservation Areas;
e. dump or store soil, trash. or other waste; or
f: graze or water animals, or use for any agricultural or horticultural purpose.
2
Noi%vilhsian linr? this prnhihitioll- the t«llMkint! il(Tt anal (10ruments arc' excepted froll-,
these limitations and are expressly permitted:
City of %Vilininutoil 1)tainavc I?asc inc it. Notwithstanding illy provisions in this
Covenant to the cnntrir?, Declarants shall he alloyed to execute in lavor of the
City of Wilmington a Drainage Easement, of the nature and to the extent set Will
in that document attached hereto as i 1-ith "A." to allow Cor file City's
maintenance and inspection of that drainage feature known as Two-Mile Branch.
It. 40-Cunt lViclc Sevver Utility Easement to-,the _Nevv _IhtLiover.County lt,"li and
Severer District. Notwithstanding any provisions in this CavemuH to the contrary.
Declarants shall be allowed to maintain, continue and relocate_ if' necessary. an
existing 4046ot %vide easement previously granted to the New Hano ver County
Water and Sever District by that certain >:asenlent dated October i.. 1985 and
recorded on February 14, 1986 in Book 1 318 at Page 255 in the New Ilanover
County Registry. This easement is shown on a neap recorded on Imbruary 13.
1986. in k1ap Book '25 at Paget: 162 of the New- Hanover C'ourity Registry-.
Furthermore. this easement is shown on a Map of Autumn Half Golf Course
prepared by Arnold W. Carson. Pi.S_ and recorded in Map 13ook 41 at Page 33 of
the New I Ianov-er County Registry.
Fort}-hive (I$) hoot ll'Ide_ Ct?tsetilcnt for Pedestrian Bridge and Citilities:
Notwithstariding any provisions in this f'ovenant to the contrary. Declarants shall
be allowed to use. construct improven ags and maintain such improvements in a
45-toot wide easement for pedestrian bridge and utilities previously reserved by
Raiford G. Trask. A... 1=.ihe1 T. (oupland and I)aniel Webster Trask. from the
conveyance or a I DA I Acs. + Tract to New i I,mover County, being known as the
Cleanwater Management Trust And "Tract. as described in that certain I)eed dated
Septenlher ?7, 2W5 and recorded November 30. 200 in Book 4944 at pages
23650374 of the New Ilarover County Registry. Tile Grantors of that
conveyance. Raiillyd G. 'frisk. Jr., Ethel T. Coupland and Daniel Webster Trask,
reserved unto themselves and their heirs and assigns it 45-trot wide casement for
pedestrian bridge and utilities as referenced on the Cleanwater Management Trust
Fund Map recorded in Map Bulk 48 at Page 369 of the New, Hanover Comity
Register of Deeds and ad described in paragraph A in Fxhihit A to the Deed.. The
Grantors resel-v'c the right within tile, 411lot easannit 4) construct. nli MAn and
rel nk a p"Ient-hrn bridge for the purposes of ingress, egress and regress from "Deal
Sk"I h) the (Damon' Awumm hall NIX 11evelopincili by pedc-'Iriarls and non-
motorized bikes and for installation. maintenance and repair of utilities.
Authoi i/ecf_ Itll Pact ;ArCas it) the Conser%ation ;'belts and %Vethutds as shovyil orl
the Plat: Notvvithstandiri min provisions in this Covenant to tile colltral-v,
Declarants shall be allowed to impact. use, construct improvements and nlaintain
such inlprovenwills in areas classified as Steam Impact A. Str•anl Impact }3 and
tVctlaild Impact Arcas :1,? shot/ n ol'i tfic Plat as ahw, rt'fercnctid ailed iii