19960792 Ver 1_COMPLETE FILE_19960819

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
A LT.R?FA
14
woo
C) EHNR
June 6, 1997
Dr. Wayne Wrighl
Regulatory Branct
U.S. Army Corps
P.O. Box 1890
Wilmington, NC
Dear Dr. Wright:
of Engineers
28402-1890
Re: Revision of 401 Certification
Landfall Associates project
New Hanover County
COE #199603138, DWQ #960792
Attached for your review is a copy of the revised Water Quality Certification to allow the fill of
83.5 acres of wetlands for residential development and a golf course at Landfall in Wilmington.
The Certification was revised to require 83.5 acres of restoration (1:1 ratio) rather than 136 acres of
restoration. To off set this change Landfall Associates has agreed to grant a conservation easement
on 210.8 acres of marsh and water adjacent to Landfall along Howes Creek and Wrightsville
Sound. The ownership of this property was in dispute and was subject to Superior Court review
as a contested case.
In order to resolve the case, DWQ has agreed to revise its Certification the project and thereby
clear up the titre to the property. The conservation easement will be issued to the Northeast New
Hanover Conservancy and will provide perpetual protection of the site; the fee title will be
transferred in the same conveyance to the state. The Division believes that this arrangement is in
the best interest of the State in that it protects water quality of the area, meets the goal of net loss
and provides protection for very valuable coastal wetlands whose ownership was in dispute.
Please call me if you have any questions. Mr. Dan McLawhorn of the N.C. Attorney
General's office can be reached at 919-716-6907 for questions regarding the conservation
easement or legal matters.
cc: Dan McLawhorn; Attorney
John Domey
Central Files
Bruce Bolick; CZR
Sincerely,
JJot, n R. Do ey
Z
General's Office
Division of Water Quality - Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 - Telephone [phone] - FAX [phone]
An Equal Opportunity Afflrmadve Action Employer 50% recycled/ 10% post-consumer paper
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State of North Carolina
Department of Environment, MI.WMA
Health and Natural Resources A14J De
Division of Water Quality
James Hunt, Governor C) C" [****J F1
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
June 6, 1996
Mr. Keith Cooper
Landfall Associates
P.O. Box 5368
Wilmington, NC 28403
Dear Mr. Cooper,
Re: Revision of a Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed Landfall development site
Project #960792, COE #199603138
New Hanover County
Attached hereto is a copy of Certification No. 3082 issued to Landfall Associates dated June
6, 1997.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Pr t n ow , Jr. P.E.
Attachments
960792.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
Bruce Bolick; CZR
Dan McLawhorn; Attorney General's Office
Division of Water Quality • Environmental Sciences Branch
Enviro. Sciences Branch. 4401 Reedv Creek Rd.. Raleiah. NC 27607 Telephone [phone] FAX # [phone]
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15 NCAC 211, Section .0500 to Landfall Associates
resulting in 83.5 acres of wetland impact in New Hanover County pursuant to an application filed
on the 19th day of August of 1996 to develop a golf course and residential community.
The application provides adequate assurance that the discharge of fill material into the waters
of Howe Creek in conjunction with the proposed development will not result in a violation of
applicable Water Quality Standards and discharge. guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302,
303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and
conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application,
as described in the Public Notice or as modified below. If you change your project, you must
notify us and you may be required to submit a revised application. For this approval to be valid,
you must follow the conditions listed below. In addition, you should get any other federal, state
or local permits before you go ahead with your project including (but not limited to) Sediment and
Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as to prevent significant increase in
turbidity outside the area of construction or construction related discharge (50
NTUs in streams and rivers not designated as trout waters by DWQ; 25 NTUs in
all saltwater classes, and all lakes and reservoirs; 10 NTUs in trout waters).
2. In the retirement center site, wetland fill shall only be allowed for a road crossing
underneath the existing powerline right of way.
3. The stormwater pond for the retirement center shall not be built in wetlands. Water
from the pond shall be directed to sheetflow into wetlands on the site.
4. Deed restrictions shall be placed on all remaining wetlands in the retirement center
site to prevent future fill.
5. The high quality wetland adjacent to Fairway 5 shall not be cleared, filled or
drained.
6. All stormwater from the golf course and residential lots shall be directed to
sheetflow into remaining wetlands and/or into golf course ponds.
7. Roadside drainage shall be constructed so as not to drain wetlands.
8. Mitigation shall consist of 1) the preservation and conservation easement on 210.8
acres of a tract of marshland as described in the 19 May 1997 agreement between
DEHNR and Landfall Associates, 2) 153.2 acres of on-site preservatin and 3)
83.5 acres of wetlnad restoration. Deed restriction or conservation easements shall
be placed on the preservatin and restoration areas to ensure future protection.
Additional written DWQ approval is required for the final mitigation plan for the
restoration effort before wetland filling occurs.
Violations of any condition herein set forth shall result in revocation of this Certification and
may result in criminal and/or civil penalties. This Certification shall become null and void unless
the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act
Permit. This Certification shall expire upon expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C.
27611-7447. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following
receipt of the Certification. Unless such demands are made, this Certification shall be final and
binding.
This the 6th day of June, 1996
DIVISION OF WATER QUALITY
ston Howard, Jr. P. .
WQC #3082
FROM NC nG SPECIAL LITIGATION 919-715-4019 06.05.1997 15116
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AGREEMENT FNVIRpNMENrq ?SClFNCE6
THIS AGREEMENT, made this ?-??day of May, 1997, by and between LANDFALL
ASSOCIATES, a North Carolina joint venture, and THE STATE OF NORTH CAROLINA.
WITNESSETH:
WHEREAS, Landfall Associates is currently maintaining an action in the Superior Court of
New Hanover County against the State of North Carolina seeking, among other things, removal of
the cloud on its title to a tract of predominantly marshland real property adjacent to the Landfall
Subdivision, the Atlantic Intracoastal Waterway, and Howe Creek ("Disputed Tract"), Landfall
Associates v. The State of North Carolina, et al. (95 CvS 1161) (the "Lawsuit");
WHEREAS, Landfall Associates has applied to the U.S. Army Corps of Engineers for a
permit ("Permit") that will require wetland mitigation credits to compensate for wetland impacts
associated with the construction of a golf course, associated residential development, and a
retirement center, in the last phase of the Landfall Subdivision, referenced by the Corps of Engineers
as Action ID No. 199603138 (the "Landfall Project");
WHEREAS, in exchange for wetland mitigation credits, Landfall Associates is willing to
convey to the State of North Carolina Landfall's fee interest, subject to a conservation easement, in
approximately 210.80 acres of the Disputed Tract (the "Property") and to dismiss the Lawsuit; and
WHEREAS, the State of North Carolina is willing to accept Landfall's fee interest, subject
to a conservation easement, in the Property in exchange for wetlands mitigation credits.
NOW, THEREFORE, in consideration of the mutual covenants contained herein:
(1) The Divisions of Coastal Management and Water Quality will send letters to
the Corps of Engineers expressing and explaining the Divisions' support for
protecting the Property to partially offset the wetland impacts associated with
the Landfall Project;
(2) The Division of Water Quality will amend § 401 Water Quality Certification
#3082 to accept the preservation of the Property, the preservation of 153.2
acres of wetlands within the Landfall Subdivision, and restoration of 83.5
acres of prior converted farmland, as providing full compensatory mitigation
for 83.5 acres of wetland impacts associated with the Landfall Project; and
(3) Landfall Associates shall dismiss with prejudice the Lawsuit and execute and
record the attached Deed and Deed of Conservation Easement within 30 days
after Landfall Associates has received all required authorizations to conduct
the Landfall Project, including a Permit that accepts the preservation of the
Property, the preservation of 153.2 acres of wetlands within the Landfall

Subdivision, and restoration of 83.5 acres of prior converted farmland, as
providing full compensatory mitigation for 83.5 acres of wetland impacts
associated with the Landfall Project.
IN WITNESS WHEREOF, the parties have set their hands and seals, this the day and year
first above written.
LANDFALL ASSOCIATES, A North
Carolina Joint Venture (SEAL)
L)
n
uAge
AAa
By: S. (SEAL)
Authorized Agent
STATE OF NORTH CAROLINA
B
Title:
ATTEST:
[SEAL]
jt?j? L /V,
2

State of North Carolina
Department of Environment,
Health and Natural Resources / • •
Division of Water Quality
James B. Hunt,Jr., Governor
Jonathan B. Howes, Secretary p E H N F?
A. Preston Howard, Jr., P.E., Director
October 25, 1996
Mr. Keith Cooper
Landfall Associates
P.O. Box 5368
Wilmington, NC 28403
Dear Mr. Cooper,
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed Landfall development site
Project #960792, COE #199603138
New Hanover County
Attached hereto is a copy of Certification No. 3082 issued to Landfall Associates dated 10
October 1996.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
ston Howard, Jr. P. .
Attachments
960792.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
Bruce Bolick; CZR
Division of Water Quality • Environmental Sciences Branch
Enviro. Sciences Branch. 4401 Reedv Creek Rd.. Raleigh. NC 27607 Teleohone 919-733-1786 FAX # [phone]
4. '..

NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to Landfall Associates
resulting in 83.5 acres of wetland impact in New Hanover County pursuant to an application filed
on the 19th day of August of 1996 to develop a golf course and residential community.
The application provides adequate assurance that the discharge of fill material into the waters
of Howe Creek in conjunction with the proposed development will not result in a violation of
applicable Water Quality Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302,
303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and
conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application,
as described in the Public Notice or as modified below. If you change your project, you must
notify us and you may be required to submit a revised application. For this approval to be valid,
you must follow the conditions listed below. In addition, you should get any other federal, state
or local permits before you go ahead with your project including (but not limited to) Sediment and
Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as to prevent significant increase in
turbidity outside the area of construction or construction related discharge (50
NTUs in streams and rivers not designated as trout waters by DWQ; 25 NTUs in
all saltwater classes, and all lakes and reservoirs; 10 NTUs in trout waters).
2. In the retirement center site, wetland fill shall only be allowed for a road crossing
underneath the existing powerline right of way.
3. The stormwater pond for the retirement center shall not be built in wetlands. Water
from the pond shall be directed to sheetflow into wetlands on the site.
4. Deed restrictions shall be placed on all remaining wetlands in the retirement center
site to prevent future fill.
5. The high quality wetland adjacent to Fairway 5 shall not be cleared, filled or
drained.
6. All stormwater from the golf course and residential lots shall be directed to
sheetflow into remaining wetlands and/or into golf course ponds.
7. Roadside drainage shall be constructed so as not to drain wetlands.
8. In addition to the 153.2 acres of on-site preservation, at least 136 acres of wetland
restoration shall be conducted by the applicant. Deed restrictions or conservation
easements shall be placed on the preservation and restoration areas to ensure future
protection. Additional written DWQ approval is required for the final mitigation
plan before wetland filling occurs.
Violations of any condition herein set forth shall result in revocation of this Certification and
may result in criminal and/or civil penalties. This Certification shall become null and void unless
.-0 h

the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act
Permit. This Certification shall expire upon expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C.
27611-7447. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following
receipt of the Certification. Unless such demands are made, this Certification shall be final and
binding.
This the 25th day of October, 1996
DMSION OF WATER QUALITY
I T - ton How d, Jr. P.E.
WQC #3082
Page 1
Note for Pete Colwell
From: John Dorney
Date: Mon, Nov 18, 1996 8:44 AM
Subject: FW: Landfall Mitigation
To: Jimmie Overton; Pete Colwell
fyi also. Donna called and wanted someone to attend. Pete is planning to be there unless we
hear otherwise.
From: Jimmie Overton on Mon, Nov 18, 1996 8:04 AM
Subject: FW: Landfall Mitigation
To: John Dorney
fyi
From: Preston Howard on Mon, Nov 18, 1996 8:03 AM
Subject: RE: Landfall Mitigation
To: Jimmie Overton
Cc: Steve Tedder
THANKS FOR THE INFO. IT WILL BE HELPFUL FOR THE MEETING TOMORROW
WITH WHISNANT.
From: Jimmie Overton on Thu, Nov 14, 1996 4:35 PM
Subject: Landfall Mitigation
To: Preston Howard
Cc: John Domey; Steve Tedder
Preston
Steve hasn't worked out transferring PMail to me yet but sent your message to Ken's
Machine regarding the subject project. It's definitely different, but Richard is correct in that it
seems ok. John, Shiver, Gregson, Pete, Kathy Cooper, Alan Jernigan and McLawhorn met
yesterday on it and DWQ staff are ok with it.
It's my understanding that many years ago the Board of Education sold the salt marsh and
some surface waters and that deed rests with the Landfall folks. So for part of their
mitigation requirements they want to deed that 190 acres and an additional 158 acres for
Preservation. In addition they would offer to restore at 1:1 (83.5 acres). Most of what they
are impacting is Wet Pine Flat.
Of.course no one knows what the Corps. going to do, but it seems like an ok position for the
staie. Especially when we sold off the citizens land in the first place. If you need specifics
a briefing) prior to your meeting, just let us know.
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
X996 Post Office Box 1890
Wilmington, North Carolina 28402-1890
wMAW
WASTER 4tl
Action ib2 No. 19603138
PUBLIC NOTICE
Pk
9607 % 2
August 15, 1996
LANDFALL ASSOCIATES, Post Office Box 5368, Wilmington, North Carolina,
28403, has applied for a Department of the Army (DA) permit TO PLACE FILL
MATERIAL INTO 83.5 ACRES OF WETLANDS LOCATED IN THE HEADWATERS OF TR TO THE INTRACOASTAL WATERWAY, FOR THE CONSTRUCTION OF A GOLF COURSE
ASSOCIATED RESIDENTIAL DEVELOPMENT, AND A RETIREMENT CENTER, IN TH gIES
PHASE
OF THE LANDFALL SUBDIVISION, IN WILMINGTON, New Hanover County, Nor
Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during a site visit by a representative
of the Corps of Engineers. Plans submitted with the application show that the
project is 415 acres in size. It is the last tract of undeveloped land in
Landfall and, upon completion of construction, will result in the end of large
scale development within the subdivision. Construction is to begin in 1997
and will be completed in 2000.
The wetlands have been delineated by the applicant's consultant, CZR
Inc., and approved by representatives of the Corps of Engineers (COE). There
are areas within the tract which were once wetlands but are presently non-
jurisdictional. These areas have had wetland hydrology removed as a result of
ditches and infrastructure which occurred during earlier stages of the
Landfall development.
The applicant has utilized the North Carolina Division of Water Quality's
rating system to identify the wetlands as "high" and "low" quality. COE
representatives have reviewed and concurred with these designations. There
are 205.7 acres of low quality wetlands, 31.0 acres of high quality wetlands,
and 178.3 acres of upland.
The low quality wetlands have been divided into five categories of
vegetative communities: Pine Flatwoods, Pond Pine Woodlands, Mixed
Pine/Hardwood Forest, Disturbed Herbaceous Assemblage, and Open Water.
The "Pine Flatwoods" community contains vegetative species including a
canopy of longleaf pine (Pinus valustris) and/or loblolly pine (P. taeda), and
a shrub layer of inkberry (Ilex glabra), fetterbush(Lyonia lucida), red bay
(Persea borbonia), wax myrtle (Mvrica cerifera), pepperbush (Clethra
alnifolia), lambkill (Kalmia carolina), and titi (Cyrilla racemiflora).
Historically, many of these areas have been mechanically landcleared, which
has created a series of water-filled ruts and depressions vegetated with
species including sedges (Carex spp.), rushes (Juncus app.), umbrella sedges
(Cvperus spp.), beakrushes (Rhynchospora spp.), yellow-eyed grass (Xvris
ambigua), ten-angled pipewort (Erioculon decangulare), and umbrella grass
(Fuirena scruarrosa). These areas are not natural components, and are too
small and scattered to be mapped as a separate community.
Vegetative species in the "Pond Pine Woodlands" include a canopy of pond
pine with some loblolly pine, red maple (Acer rubrum), swamp tupelo (Nvssa
biflora), and sweetgum (Lirnzidambar styraciflua). The shrub story includes
fetterbush, inkberry, red bay, sweet bay (Magnolia virginiana), and cane
(Arundinaria gigantea). Greenbriar (Smilax spp) vines are also present.
Where the canopy is open, cinnamon fern (Osmunda cinnamomea) and/or Virginia
chain fern (Woodwardia virginica) are present.

The "Mixed Pine/Hardwood Forest" is vegetated with species including.
loblolly and pond pines, red maple, sweetgum, swamp tupelo and tulip t'rW'
(Liriodendron tulivifera). The shrub story is vegetated with red bay,
inkberry, fetterbush, wax myrtle, pepperbush, and flowering dogwood (Corpus
florida). The sparse herbaceous layer includes cinnamon and Virginia chain
ferns, and sedges.
The "Disturbed Herbaceous Assemblage" is a community mapped in areas
which are frequently mowed, such as road shoulders, around buildings, and
utility corridors. Some scattered shrubs, (wax myrtle, sweetgum, and red
maple) may occur in infrequently mowed areas but, predominantly these areas
have a dense herbaceous layer. Species present include broomsedges
(Andropogon spp.), panic grasses (Panicum spp.), thoroughworts (Euyatorium
spp.), goldenrods (Solidago spp.), and bushclovers (Lespedeza app.). Certain
areas may be rutted similarly to areas described above.
The "Open Water" communities are all small and are either natural
depressions or man-made ponds. Frequently, the edges are vegetated with swamp
tupelo, buttonbush (Cephalanthus occidentalis) and black willow (Salix nigra).
The tract's high quality wetlands have been divided into three
categories of vegetative communities: Bay Forest, Coastal Plain Small Stream
Swamp, and Nonriverine Wet Hardwood Forest.
Vegetative species within the "Bay Forest" community include swamp
tupelo, red maple, red bay, sweet bay, and loblolly bay (Gordonia lasianthus).
The dense shrub layer includes fetterbush, red bay, wax myrtle, inkberry, and
pepperbush. In areas where the shrub layer is more open, netted chain fern
(Woodwardia areolata) is present.
The "Coastal Plain Small Stream Swamp" is vegetated with species
including swamp tupelo, red maple, sweetgum, laurel oak (Ouercus laurifolia),
and cypress (Taxodium distichum). An understory of ironwood (Carpinus
caroliniana) and a sparse shrub layer of wax myrtle, cane and red bay are
present. An herbaceous layer is dominated by netted chain fern, sedges, and
lizard's tail (Saururus cernuus). Vines include laurel-leaf greenbriar
(Smilax laurifolia) and climbing hydrangea (Decumaria barbara).
Finally, the "Nonriverine Wet Hardwood Forest" is vegetated with species
including swamp tupelo, laurel oak, red maple, sweetgum, and water oak
(ouercus niara). Shrubs include red bay, titi, and sweet bay, while the
sparse herbaceous layer contains netted chain fern, sphagnum moss (Sphagnum
app.), and southern waxy sedge (Carex glaucesens).
The predominant hydric soils present within the wetlands are Torhunta
loamy fine sand, Leon sand, and Murville fine sand. These three series
comprise about 70 percent of the project area. The remaining series are
Johnston soils, Lynn Haven fine sand, and Pantego loam.
The applicant has designed the project to avoid all 31.0 acres of high
quality wetlands. The proposed project will impact a total of 83.5 acres of
low quality wetlands which are composed of 75.5 acres of "Pine Flatwoods", 5.1
acres of Pond Pine Woodland", 2.7 acres of "Disturbed Herbaceous Assemblage",
and 0.2 acre of "Mixed Pine/Hardwood Forest". The "Open Water" mapping unit,
while most likely being incorporated into the development's stormwater plan,
will not be adversely impacted.
The proposed project was originally designed as an 18 hole golf course
with 290 lots and a retirement center. Through interagency coordination
meetings, various alternatives were considered in an attempt to avoid and
minimize wetland impacts. The final proposal (nine hole golf course, 200
2
G •N
lots, and retirement center) is the applicant's stated minimum amount of
development necessary to make the project economically feasible. An
alternative resulting in no impacts to wetlands was devised but was considered
economically unacceptable by the applicant.
impacts, the applicant
As a means of mitigating for unavoidable wetr
proposes to preserve all the high quality wetland d the remainder of the
The applicant
reservation of r 2 acres
53
wetlands for a total
low
ualit
.
p
q
y
has proposed an 8:1 preservation ratio as a means calculating mitigation
"credits" for this preser at't6n. Use of this ratio would result in an offset"
of 19 asps of wetland impacts. The applicant calculated that an additional
64. cres of wetland impacts remain to be mitigated [83.5 "acres wetland {e
impacts"-(153.2 "total wetland acres11/8 "ratio")=64.5 "remaining acres of
impacted wetlands"]. The applicant is presently investigating the purchase 1
and restoration of prior converted (PC) farmland in Pender County. PC land in Op?e
I
New Hanover County is very limited, and the cost of available land prompted
the move to Pender County. As of the date of this public notice, no suitable
acreage had been specifically identified, although several tracts are being
it will be conditioned with
If the permit is issued
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The purpose of the work is to construct a golf course, associated
residential development, and a retirement center, as a means of completing
development within the Landfall subdivision and recouping investors' financial
commitments. Plans showing the work are included with this public notice.
The applicant has determined that the proposed work is consistent with
the North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management (NCDCM) for
their review and concurrence. This proposal shall be reviewed for the
applicability of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of
the Clean Water Act by the North Carolina Division of Environmental Management
(NCDEM).
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management
(NCDCM).
C. The issuance of a permit under the North Carolina Coastal Area
Management Act (LAMA) by the North Carolina Division of Coastal Management
(NCDCM) or their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration (NCDA) and the
North Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources (NCDLR), pursuant
to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-
66).
The requested Department of the Army (DA) permit will be denied if any
required State or local authorization and/or certification is denied. No DA
permit will be issued until a State coordinated viewpoint is received and
reviewed by this agency. Recipients of this notice are encouraged to furnish
comments on factors of concern represented by the above agencies directly to
the respective agency, with a copy furnished to the Corps of Engineers.
3

This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this site is not registered property or property listed as being eligible for
inclusion in the Register. Consultation of the National Register constitutes
the extent of cultural resource investigations by the District Engineer, and
he is otherwise unaware of the presence of such resources. Presently, unknown
archeological, scientific, prehistorical, or historical data may be lost or
destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies, 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Water Quality

(NCDWQ) issues, denies, or waives State certification required by Section 401
of the Clean Water Act. The NCDWQ considers whether or not the proposed
activity will comply with Sections 301, 302, 306, and 307 of the Clean Water
Act. The application and this public notice for the DA permit serves as
application to the NCDWQ for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Water Quality, Salisbury Street, Archdale Building,
Raleigh, North Carolina. Copies of such materials will be furnished to any
person requesting copies upon payment of reproduction costs.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Water Quality, 4401 Reedy Creek Road, Raleigh, North
Carolina 27611-7667, on or before September 6, 1996, Attention: Mr. John
Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m.,
September 13, 1996, or telephone [phone].
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ENVIRONMENTAL CONSULTANTS LANDSCAPE: ARCIIITI,,CTUK1:/PI,ANNING FIGURE:
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WILMINGTON. N.C. RALEIGH, N.C.

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PROJECT AREA JULY
ENVIRONMENTAL. CONSULTANTS LANDSCAPE ARCHITECTURE/PLANNING FIGURE:
CZR INCORPORATED PATON/ZUCCHINO & ASSOCIATES, P.A. 2 T?
WILMINGTON, N.C. RALEIGH, N.C.

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1' ; J w ?`. J J dOI F LOTS 174 TATS
.p. 4. V ,. ? INTERIOR LOTS 26 LOTS NOLI auAlrrr TCIW 05
TOTAL LOTS 200 LOTS
_? 1, ?v• 4 err i? J ,? - - I?_ 't' OIXi COURSE CoMDORS
?.ow :aIAUTY u?awL;
WETLANDS IMPACT 83.5 ACRES
?1p ACX PE,LA1M BY RESIDENTIAL
• II t ,,,1' " , - -. ??'? NHrTi QUALITY - LOTR AR0 ROADWAYS
WETLANDS IMPACT 0 ACRES ® -ACrtn wrnNlos BY
aaE
TOTAL WETLANDS IMPACT 815 ACRES COURSE CORRIDORS
NON-IMPACTED WETLANDS 153.2 ACRES
FLAT
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PROPOSED ACTION DATE
IULY
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® LANDFALL ,LTeRNATTVE 4 l
TT011NDINGTONTl N.c. ENVIRONMENTAL CONSULTANTS LANDSCAPE ARCHITECTURE/PLANNING rxpiw:
„uM IAFA assoc, uTM CZR INCORPORATED PATON/ZUCCHINO & ASSOCIATES, P.A. ? 0?3
WILMINGTON, N.C. RALEIGH, N.C.
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James6. Hunt, Jr., Governor
Jonathan B. Ho wes, Sec reta ry
A. Presto n Howard, Jr., P.E., Directo r
Mr. Keith Cooper
Landfall Associates
P.O. Box 5368
Wilmington, NC 28403
Dear Mr. Cooper, .
Post-it" Fax Note 7671 Date pages
To
??k 5iver From
e e

Co./Dept.
Rcc qq
/
Co.
Phone # Phone #
Fax # Fax #
October 25, 1996
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed Landfall development site
Project #960792, COE #199603138
New Hanover County
Attached hereto is a copy of Certification No. 3082 issued to Landfall Associates dated 10
October 1996.
If we can be of further assistance, do not hesitate to contact us.
Attachments
960792.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
Bruce Bolick; CZR
Division of Water Quality - Environmental Sciences Branch
Enviro. Sciences Branch. 4401 Reedv Creek Rd.. Raleiah. NC 27607 Teleohone 919-733-1786 FAX # [phone]
Sincerely,
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to Landfall Associates
resulting in 83.5 acres of wetland impact in New Hanover County pursuant to an application filed
on the 19th day of August of 1996 to develop a golf course and residential community.
The application provides adequate assurance that the discharge of fill material into the waters
of Howe Creek in conjunction with the proposed development will not result in a violation of
applicable Water Quality Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302,
303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and
conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application,
as described in the Public Notice or as modified below. If you change your project, you must
notify us and you may be required to submit a revised application. For this approval to be valid,
you must follow the conditions listed below. In addition, you should get any other federal, state
or local permits before you go ahead with your project including (but not limited to) Sediment and
Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations.
Condition(s) of Certification:
That the activity be conducted in such a manner as to prevent significant increase in
turbidity outside the area of construction or construction related discharge (50
NTUs in streams and rivers not designated as trout waters by DWQ; 25 NTUs in
all saltwater classes, and all lakes and reservoirs; 10 NTUs in trout waters).
2. In the retirement center site, wetland fill shall only be allowed for a road crossing
underneath the existing powerline right of way.
The stormwater pond for the retirement center shall not be built in wetlands. Water
from the pond shall be directed to sheetflow into wetlands on the site.
4. Deed restrictions shall be placed on all remaining wetlands in the retirement center
site to prevent future fill.
The high quality wetland adjacent to Fairway 5 shall not be cleared, filled or
drained.
6. All stormwater from the golf course and residential lots shall be directed to
sheetflow into remaining wetlands and/or into golf course ponds.
7. Roadside drainage shall be constructed so as not to drain wetlands.
8. In addition to the 153.2 acres of on-site preservation, at least 13_6 acres of wetland
restoration shall be conducted by the applicant. Deed restrictions or conservation
easements shall be placed on the preservation and restoration areas to ensure future
protection. Additional written DWQ approval is required for the final mitigation
plan before wetland filling occurs.
Violations of any condition herein set forth shall result in revocation of this Certification and
may result in criminal and/or civil penalties. This Certification shall become null and void unless
the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act
Permit. This Certification shall expire upon expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C.
27611-7447. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following
receipt of the Certification. Unless such demands are made, this Certification shall be final and
binding.
This the 25th day of October, 1996
DMSION OF WATER QUALITY
T ton How d, JJP. WQ
C #3082
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70n. F DEPARTMENT OF THE ARMY
° 19 Wilmington District, Corps of Engineers
1996 Post Office Box 1890 960792
Wilmington, North Carolina 28402-1890 WATER
Ot1A?li?
o 19603 138 August 15, 1996
Act oin
PUBLIC NOTICE
LANDFALL ASSOCIATES, Post Office Box 5368, Wilmington, North Carolina,
28403, has applied for a Department of the Army (DA) permit TO PLACE FILL
MATERIAL INTO 83.5 ACRES OF WETLANDS LOCATED IN THE HEADWATERS OF TR IES
TO THE INTRACOASTAL WATERWAY, FOR THE CONSTRUCTION OF A GOLF COURSE ?VT
ASSOCIATED RESIDENTIAL DEVELOPMENT, AND A RETIREMENT CENTER, IN TH LAS PHASE
OF THE LANDFALL SUBDIVISION, IN WILMINGTON, New Hanover County, No`r
Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during a site visit by a representative
of the Corps of Engineers. Plans submitted with the application show that the
project is 415 acres in size. It is the last tract of undeveloped land in
Landfall and, upon completion of construction, will result in the end of large
scale development within the subdivision. Construction is to begin in 1997
and will be completed in 2000.
The wetlands have been delineated by the applicant's consultant, CZR
Inc., and approved by representatives of the Corps of Engineers (COE). There
are areas within the tract which were once wetlands but are presently non-
jurisdictional. These areas have had wetland hydrology removed as a result of
ditches and infrastructure which occurred during earlier stages of the
Landfall development.
The applicant has utilized the North Carolina Division of Water Quality's
rating system to identify the wetlands as "high" and "low" quality. COE
representatives have reviewed and concurred with these designations. There
are 205.7 acres of low quality wetlands, 31.0 acres of high quality wetlands,
and 178.3 acres of upland.
The low quality wetlands have been divided into five categories of
vegetative communities: Pine Flatwoods, Pond Pine Woodlands, Mixed
Pine/Hardwood Forest, Disturbed Herbaceous Assemblage, and Open Water.
The "Pine Flatwoods" community contains vegetative species including a
canopy of longleaf pine (Pinus nalustris) and/or loblolly pine (P. taeda), and
a shrub layer of inkberry (Ilex alabra), fetterbush(Lvonia luci a), red bay
(Persea borbonia), wax myrtle (Mvrica cerifera), pepperbush (Clethra
alnifolia), lambkill (Kalmia caroling), and titi (Cvrilla racemiflora).
Historically, many of these areas have been mechanically landcleared, which
has created a series of water-filled ruts and depressions vegetated with
species including sedges (Carex spp.), rushes (Juncus app.), umbrella sedges
(Cvnerus spp.), beakrushes (Rhvnchospora app.), yellow-eyed grass (Xvris
ambicrua), ten-angled pipewort (Erioculon decancrulare), and umbrella grass
(Fuirena scruarrosa). These areas are not natural components, and are too
small and scattered to be mapped as a separate community.
Vegetative species in the "Pond Pine Woodlands" include a canopy of pond
pine with some loblolly pine, red maple (A er rubrum), swamp tupelo (Nvssa
biflora), and sweetgum (Licruidambar stvraciflua). The shrub story includes
fetterbush, inkberry, red bay, sweet bay (Macmolia virainiana), and cane
(Arundinaria aicrantea). Greenbriar (Sm lax spp) vines are also present.
Where the canopy is open, cinnamon fern (Osmunda cinnamomea) and/or Virginia
chain fern (Woodwardia virQinica) are present.
The "Mixed Pine/Hardwood Forest" is vegetated with species includinngg ,
loblolly and pond pines, red maple, sweetgum, swamp tupelo and tulip t1w
(Liriodendron tulivifera). The shrub story is vegetated with red bay,
inkberry, fetterbush, wax myrtle, pepperbush, and flowering dogwood ( rnu
florida). The sparse herbaceous layer includes cinnamon and Virginia chain,
ferns, and sedges.
The "Disturbed Herbaceous Assemblage" is a community mapped in areas
which are frequently mowed, such as road shoulders, around buildings, and
utility corridors. Some scattered shrubs, (wax myrtle, sweetgum, and red
maple) may occur in infrequently mowed areas but, predominantly these areas
have a dense herbaceous layer. Species present include broomsedges
(Andropocron spp.), panic grasses (Panicum spp.), thoroughworts (Eupatorium
spp.), goldenrods (Solidaao app.), and bushclovers (Lespedeza app.). Certain
areas may be rutted similarly to areas described above.
The "Open Water" communities are all small and are either natural
depressions or man-made ponds. Frequently, the edges are vegetated with swamp
tupelo, buttonbush (Cephalanthus occidentalis) and black willow ( alix i ra).
The tract's high quality wetlands have been divided into three
categories of vegetative communities: Bay Forest, Coastal Plain Small Stream
Swamp, and Nonriverine Wet Hardwood Forest.
Vegetative species within the "Bay Forest" community include swamp
tupelo, red maple, red bay, sweet bay, and loblolly bay (Gordonia lasianthus).
The dense shrub layer includes fetterbush, red bay, wax myrtle, inkberry, and
pepperbush. In areas where the shrub layer is more open, netted chain fern
(Woodwardia areolata) is present.
The "Coastal Plain Small Stream Swamp" is vegetated with species
including swamp tupelo, red maple, sweetgum, laurel oak (Quercus laurifolia),
and cypress (Taxodium distichum). An understory of ironwood (Carpinus
caroliniana) and a sparse shrub layer of wax myrtle, cane and red bay are
present. An herbaceous layer is dominated by netted chain fern, sedges, and
lizard's tail (Saururus cernuus). Vines include laurel-leaf greenbriar
(Smilax laurifolia) and climbing hydrangea (Decumaria barbara).
Finally, the "Nonriverine Wet Hardwood Forest" is vegetated with species
including swamp tupelo, laurel oak, red maple, sweetgum, and water oak
(Ouercus niQra). Shrubs include red bay, titi, and sweet bay, while the
sparse herbaceous layer contains netted chain fern, sphagnum moss (Sphacmum
spp.), and southern waxy sedge (Carex crlaucesens).
The predominant hydric soils present within the wetlands are Torhunta
loamy fine sand, Leon sand, and Murville fine sand. These three series
comprise about 70 percent of the project area. The remaining series are
Johnston soils, Lynn Haven fine sand, and Pantego loam.
The applicant has designed the project to avoid all 31.0 acres of high
quality wetlands. The proposed project will impact a total of 83.5 acres of
low quality wetlands which are composed of 75.5 acres of "Pine Flatwoods", 5.1
acres of Pond Pine Woodland", 2.7 acres of "Disturbed Herbaceous Assemblage",
and 0.2 acre of "Mixed Pine/Hardwood Forest". The "Open Water" mapping unit,
while most likely being incorporated into the development's stormwater plan,
will not be adversely impacted.
The proposed project was originally designed as an 18 hole golf course
with 290 lots and a retirement center. Through interagency coordination
meetings, various alternatives were considered in an attempt to avoid and
minimize wetland impacts. The final proposal (nine hole golf course, 200
2

lots, and retirement center) is the applicant's stated minimum amount of
development necessary to make the project economically feasible. An
alternative resulting in no impacts to wetlands was devised but was considered
economically unacceptable by the applicant.
As a means of mitigating for unavoidable wetl d impacts, the applicant
proposes to preserve all the high quality wetland and the remainder of the
low quality wetlands for a total preservation of 53.2 acres. The applicant 10.
has proposed an 8:1 preservation ratio as a mean-5`51-calculating mitigation
ff
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o woul
result
credits
Of 19 ac s of wetland impacts. The applicant calculated that an additional a:l
64. Gres of wetland impacts remain to be mitigated (83.5 "acres wetland
impacts"-(153.2 "total wetland acres"/8 "ratio")-64.5 "remaining acres of
impacted wetlands"]. The applicant is presently investigating the purchase
and restoration of prior converted (PC) farmland in Pender County. PC land in
New Hanover County is very limited, and the cost of available land prompted
the move to Pender County. As of the date of this public notice, no suitable CO
acreage had been specifically identified, although several tracts are being
thoroughly examined. If the permit is issued, it will be conditioned with
s
site-specific mitigation requirements. A PC restoration mitigation ratio of
1:1 has been offered by the applicant.
The purpose of the work is to construct a golf course, associated
residential development, and a retirement center, as a means of completing
development within the Landfall subdivision and recouping investors' financial
commitments. Plans showing the work are included with this public notice.
The applicant has determined that the proposed work is consistent with
the North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management (NCDCM) for
their review and concurrence. This proposal shall be reviewed for the
applicability of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of
the Clean Water Act by the North-Carolina Division of Environmental Management
(NCDEM).
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management
(NCDCM).
C. The issuance of a permit under the North Carolina Coastal Area
Management Act (CAMA) by the North Carolina Division of Coastal Management
(NCDCM) or their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration (NCDA) and the
North Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources (NCDLR), pursuant
to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-
66).
The requested Department of the Army (DA) permit will be denied if any
required State or local authorization and/or certification is denied. No DA
permit will be issued until a State coordinated viewpoint is received and
reviewed by this agency. Recipients of this notice are encouraged to furnish
comments on factors of concern represented by the above agencies directly to
the respective agency, with a copy furnished to the Corps of Engineers.
3
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this site is not registered property or property listed as being eligible for
inclusion in the Register. Consultation of the National Register constitutes
the extent of cultural resource investigations by the District Engineer, and
he is otherwise unaware of the presence of such resources. Presently, unknown
archeological, scientific, prehistorical, or historical data may be lost or
destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies, 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Water Quality
(NCDWQ) issues, denies, or waives State certification required by Section 401
of the Clean Water Act. The NCDWQ considers whether or not the proposed
activity will comply with Sections 301, 302, 306, and 307 of the Clean Water
Act. The application and this public notice for the DA permit serves as
application to the NCDWQ for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Water Quality, Salisbury Street, Archdale Building,
Raleigh, North Carolina. Copies of such materials will be furnished to any
person requesting copies upon payment of reproduction costs.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Water Quality, 4401 Reedy Creek Road, Raleigh, North
Carolina 27611-7687, on or before September 6, 1996, Attention: Mr. John
Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m.,
September 13, 1996, or telephone [phone].
1
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® LANDFALL
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L?SUFALLOCATION MAP DATE:
ASSOCIATE,
LANDFALL
FOR THE LANDFALL COMMUNITY i
ENVIRONMENTAL CONSULTANTS LANDSCAPE ARCIIITECTURE/PLANNING F(CUR6
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CZR INTCORPORATED PATON/ZUCCHI\0 & ASSOCIATES, P.A.
WILMINGTON. N.C. RALEIGH, N.C.
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LANDFALL 'o°°
IFILAmGTON. N.C. ENVIRONMENTAL. CONSULTANTS LANDSCAPE ARCHITECTURE/PLANNING FIGURE:
LANDFALL ASSOCIATES CZR INCORPORATED PATON/ZUCCHINO & ASSOCIATES, P.A.
{WILMINGTON, N.C. RALEIGH, N.C. 2 J'3

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. , nPR-17-1997 10:06 FROM
MICHAEL F. EASLEY
AVORNBY GENERAL
TO 97339959 P.01
State of North Carolln
Depart=nt of Justice
F. O. BOX 629
F
276024092q
Fax: \
TELECOPMR TRANS1Y EM& SHEET
. TO:
(919) 733'+
[phone]
FAX NUMBER:
FROM: l
DATE: 4 11'71 a
NUMBER OF PAGES (INCLUDING TRANSMITTAL SHEET):
CONFIRM RECEIPT OF DOCUMENT(S) IF MARKED HERE:
14
/13499

4
\
An Equal oppprtunily / Affirmative Action EmploYrrr
APR-17-1997 1006 FROM TO 97339959 P.02
RECEIVED
s?
_
.r APR 71941.

ATTORNEY GENERAL
N
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G
Stato of NO"h CW011ria REPLY To?roameD?DiF, Mcl awhm
Depanrnent of Jusrice 5peotal Litlgadon
[phone]
P Q. Box 629 FAX; (919) 7153018
MICHAEL F. t?tEY P.AL 6 SIGH
27E3o2 0629
TOR?Y G&`?N-
AfT
MEMORANDUM
TO: Bobby Poole
?y Giles
? Kathy Cooper
Allen Jernigan
FROM: Dan McL.awhoi
Special Deputy
DA'T'E April 4, 1997
SUBJECT: Landfall Settlement
Attached are the proposed settlement by Landfall and a slightly retise I cdid opy
mof the ot renew
The revisions to the deed were requested by the conservation or$yr
these before sending them to you. Please review and return at your earliest convenience. I would
like to conclude this matter within the next 60 days including Council of State acceptance of the
deed. Thanks for your continuing assistance.
T
,APR-17-1997 10:06 FROM TO 97339959 P.03
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Daniel F. McLawhorn
Special Deputy Attorney General
North Caml i as Department of Justice
Post Office Flux 629
Ralcigli, NC 27602-0629
R.r.: Settlement 0 Landfall As.vocinres it The J7ate of North Carolina or al.
Dear Ddn:
As we discussed by phone on April 2, 1997, I am enclosing a drift Settlement agreement.
The draft clreds attached to the draft agiccment Include modifications based on comments from the
Nonheitst New Hanover C;onscrvancy which has agreed, subject to tilt: modifications, to accept the
easements.
Also its we disctmwd, I have enclosed for your sig?uiture two originals (one for yrn21' cccotds
and one for ours) of a stipulation to extend the discovery deadline another W days..
The draft settlement agreement does not address whether the State will record a document
repudiating the recorded cuarshl2nd claim, but a ptovisiim could be added to do so.
As always, i f you have any questions, pie-,Ise feel $ee to give me a call. I look forward.to
hearing from you.
VRT/ab
)enclosures
Sincerely,
i
V. Rand?-I-Lley
/. .. ?' ,
API 4 199!
.._r z
APR-17-1997 1007 FROM TO 97339959 P.04
AGREEMENT
THIS AGREEMENT, made this day of _, 1997, by and between
LANDFALL ASSOCIATES, a North Carolina joint venture, and THE STATE OF NORTH
CAROLINA.
WITNESSETH:
WHEREAS, Landfall Associates is currently maintaining an action in the Superior Court of
New Hanover County against the State of North Carolina seeking, among other things, removal of
the cloud on its title to a tract of predominantly marshland real property adjacent to the Landfall
Subdivision, the Atlantic Intracoastal Waterway, and Howe Creek ("Disputed Tract"), Landfall
Associates v. The State of North Carolina, et al. (95 CvS 1161) (the "Lawsuit");
WHEREAS. Landfall Associates has applied to the U.S. Army Corps of Engineers for a
permit ("Permit') that will require wetland mitigation credits to compensate for wetland impacts
associated with the construction of a golf course, associated residential development, and a
retirement center, in the last phase of the Landfall Subdivision, referenced by the Corps of Engineers
as Action ID No. 199603138 (the "Landfall Project");
WHEREAS. in exchange for wetland mitigation credits, Landfall Associates is willing to
convey to the State of North Carolina Landfall's fee interest, subject to a conservation easement, in
approximately 210.80 acres of the Disputed Tract (the "Property") and to dismiss the Lawsuit; and
WHEREAS, the State of North Carolina is willing to accept Landfall's fee interest, subject
to a conservation easement, in the Property in exchange for wetlands mitigation credits.
NOW, THEREFORE, in consideration of the mutual covenants contained herein:
(1) The Divisions of Coastal Management and Water Quality will send letters to
the Corps of Engineers expressing and explaining the Divisions' support for
protccting the Property to partially offset the wetland impacts associated with
the Landfall Project;
(2) The Division of Water Quality will amend § 401 Water Quality Ccrtification
#3082 to accept the preservation of the Property, the preservation of 153.2
acres of wetlands within the Landfall Subdivision, and restoration of 83.5
acres of prior converted farmland, as providing full compensatory mitigation
for 83.5 acres of wetland impacts associated with the Landfall Project; and
(3) Landfall Associates shall dismiss with prejudice the Lawsuit and execute and
record the attached Deed and Deed of Conservation Easement within 30 days
after Landfall Associates has received all required authorizations to conduct
the Landfall Project, including a Permit that accepts the preservation of the
?N r
r,
P {l;
2 c vii ( n f ?-
APR-17-1997 10.07 FROM TO 97339959 P.05
Property, the preservation of 153.2 acres of wetlands within the Landfall
Subdivision, and restoration of $3.5 acres of prior converted farmland, as
providing full compensatory mitigation for 83.5 acres of wetland impacts
associated with the Landfall Project.
IN WITNESS WHEREOF, the parties have set their hands and seals, this the day and year
first above written.
LANDFALL ASSOCIATES, A North
Carolina Joint Venture (SEAL)
By:- - -(SEAL)
Authorized Agent ?
By: (SEAL)
Authorized Agent
STATE OF NORTH CAROLINA
By:
Title:
ATTEST:
[SEAL]
APR-17-1997 1008 FROM
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
TO 97339959 P.06
TAX PARCEL ID #
DEED OF CONSERVATION EASEMENT
THIS DEED OF EASEMENT, made this day of , 1997, by and between
LANDFALL ASSOCIATES, a North Carolina joint venture, hereinafter called Grantor, and
NORTHEAST NEW IdANOVER CONSERVANCY, a North Carolina non-profit corporation, with
an address of c/o Mr. Paul Foster, 126 Beach Road South, Wilmington, North Carolina 28405
hereinafter called Grantee.
WFINESSETH:
WHEREAS, Grantor is the owner in fcc of approximately 210.80 acres of real property
situated in New Hanover County, North Carolina and more particularly described as Landfall
Associates Natural & Scenic Prescrvation Area in a survey and map recorded in Map Book
Pages -_, of the. New Hanover County Registry and incorporated herein by reference (the
"Property
VAMREAS, Grantor desires to conduct certain work related to the completion of Grantor's
residential development on adjacent real property (the "Work");
WHEREAS. the Work will result in the discharge of dredged or fill material in waters of the
United States, including wetlands, and Grantor has obtained a permit issued by the 1W .S. Army Corps
of Engineers ("Permit's and a Section 401 Clean Water Act water quality certification issued by the
State of North Carolina ("Certification') authorizing the discharge;
WHEREAS, the Permit and Certification require Grantor to implement a Mitigation Plan
which incorporates the protection of the Property under a conservation easement;
WHEREAS, the North Carolina Conservation and Historic Preservation Agreements Act,
N.C. Gen. Stat. § 121.34 et seq., permits the creation of conservation easements;
WHEREAS, Grantee is a nonprofit corporation whose purpose is to preserve and conserve
natural areas for aesthetic, scientific, charitable, and educational purposes;
WHEREAS, Grantor intends to convey to grantee the right to preserve the natural and scenic
values of the Property in perpetuity;
WHEREAS Grantee agrees by accepting this grant to honor tho intentions of Grantors stated
herein and to preserve and protect in perpetuity the scenic and natural values of the Property for the
benefit of this generation and the generations to come;
APR-17-1997 1008 FROM TO 97339959 P.07
WHEREAS, Grantor, in consideration of the present authorization to conduct the Work
granted by the Permit and the Certificate, is agreeable to the following: (1) conveying to Grantee
a conservation easement restricting and limiting the use of the Property as hereinafter set forth; and
(2) hereafter conveying to the State of North Carolina, subject to the casement described above,
Grantor's fee interest in the Property;
WfiMAS, Grantee is willing to accept a conservation easement restricting and limiting the
use of the Property as hereinafter sct forth and the State of North Carolina is willing to hereafter
accept, subject to the easement described above, Grantor's fee interest in the Property.
NOW, THEREFORE, in consideration of the issuance of the Permit and the Certificate to
conduct the Work and the mutual covenants, terms, conditions, and restrictions contained herein, the
receipt and sufficiency of which are hereby acknowledged, Grantor, to the full extent of its right to
do so under North Carolina law. hereby grants and conveys to Grantee a conservation easement in
perpetuity over the Property which establishes for Grantee the following rights: to enjoin, prohibit,
and remedy any activity on, or use of the Property which is prohibited as set forth in paragraph 2
below; to enter the Property at reasonable times to observe and document the absence of prohibited
uses and activities and to prevent any prohibited use or activity; to require the restoration of such
areas or features of the Property that may be damaged by any inconsistent activity or use: and to
bring against any person or entity that causes or authorizes any activity prohibited as set forth in
paragraph 2 below or other violation of this easement an action at law or equity in a court of
competent jurisdiction to enforce the terms of this easement, to enjoin by ex parte, temporary, or
permanent injunction any violations of this easement, and to require restoration of the Property to
the condition that existed prior to any violation.
1. The purpose of this easement is to assure that the Property will be retained forever
in its natural, scenic, undeveloped condition, to prevent any use of or activity on the Property that
would impair or interfere with the natural, scenic, undeveloped condition, and to effect, in the event
of any impairment or interference, restoration of the natural, scenic, undeveloped condition.
2. Any activity on or use of the Property inconsistent with the purpose of this easement
is prohibited. Without limiting the scope of the foregoing prohibition, the following activities on
and uses of the Property are prohibited:
a. Construction or placement of buildings, roads, signs, billboards, docks, piers,
or other structures on or above the Property whether associated with fee title in the Proprty or
riparian rights in lands adjacent to the Property;
b. Dumping or placing of soil, dredge spoil, or other substance or material;
C. Dumping or placing of trash, waste or unsightly or offensive materials;
d. Excavation, dredging, or removal of gravel, soil, mck, or other material
substance;
APR-17-1997 1009 FROM
PPP 04 '97 10:42AM BROOKS PIERCE 91098'781001
TO
e, Removal or destruction of native vegetation;
Hunting;
97339959 P.08
P.2
g, industrial, commercial, agricultural, silvicultM4 or animal husbandry
activities, or residential development act'tvities;
h, Any activity that would be detrimcutal to water purity, water quality, or any
of the plants or habimts within the PropeMy or that would alter nattual water levels, drainage, cause
sedimentation, or alter flow in or on the property or cause soil degradation or erosion, and
i. Any a6vity that would impair the natural or scenic value of the Property-
3. F.afor=wjt of the terms and provisions of the consmation casement shall be at the
ressonabls discretion of Crrantee, and any forbearance of Grantee to exercise its rights hereunder
shall not be deemed or construed to be a waiver of Grantee's rights hereunder. Regardless of any
forbearance by Grantee, Graptor's successor u any prohibited d use o?r?tivi on the
abstain from conducting or from authorizing others to ond
property.
4. Grantee shall hold this conservation ealicnt txcl?xsiv®ly for the purpose of
exercising the rights of Granter as set out herein.
5. If circumstances arise in the future such as render the purpose of this easzrnent
impossible to actbmplish+ this easement can only be terminated or extinguished, whether In Whole
or in part, by judicial proceedings in a court of cotnPemt jurisdiction.
6. Igy provision of this conservation easement ox the application thereof w AnY persons or citCtt s is found to be invalid, the remainder of the provisions of this Corisexvstioa
easement shall not be affected thereby- Grantor expre$sly intends that this conservation easement
should not and shall not be invalid on the gro=ds of being an easement in ,gross. Grantor further
intends and stipulates the following: that Grantee shall lave the right to convey its inter wu>
which has purposes similar to those of Grantee,
this conservation easement to an entity
can and will exercise the rights and be bowsd by the o purposes and be aimil conferred be e= d anhereby' ed
tbat any subsequent twneeme shall have similar pu po
hereunder.
?. All notices, eonscarts, and approvals h ?T shall be in writing and shall be deemed
properly sem by United stases certified mail, re= receipt requested, addressed tv the
given if
appropriat,e party or successm-in-inlerest
shall not be construed as restricting in any way, the right
$. This C0n??n eaS on of Qrantvr'a or its 9ttacegsor4'
of Cxrarttor or its successors in int?arest to convey all or any p?
interest the property, except that such eonveyan,ce shall be subject to the terms, conditions, namt
rest4ctions and purpose of this conservation easement. The- te=, shall be bang pen the Graae is
shall be covennts that run in pity with the property
successors and assigns-
APR-17-1997 10:10 FROM TO 97339959 P.09
9. This conservation easement may be amended or altered only in such manner as is
consistent with the purpose of the easement and only by written agreement between Grantee and 19 0 °
Grantor which shall be filed in the public records in New Hanover County, ql o")'"
10. Grantee. in order to exercise the rights granted to it in, this conservation easement,
shall, at reasonable times and in a reasonable manner, have access through Landfall and Pembroke
Jones Park to the pedestrian easement that extends from Landfall Drive to the Property. Grantee
shall use no point of entry to the Property other than the pedestrian easement that extends from
Landfall Drive to the Property.
TO HAVE AND TO HOLD unto the Grantee and Grantee's successors and assigns, forever. z
THE GRANTOR covenants that the Grantor is the sole owner of the fee interest in the
Property and has good right to grant and convey its fee interest and any and all portions thereof
IN WITNESS WHEREOF, the parties have set their hands and seals, this the day and year
first above written.
LANDFALL ASSOCIATES. A North
Carolina Joint Vennire (SEAL)
ATTEST:
Secretary
(SEAL)
STATE OF NORTH CAROLINA
By: (SEAL)
Authorizcd Agent
ay= (SEAL)
Authorized Agent
NORTHEAST NEW HANOVER CONSERVANCY
By:
President
COUNTY OF
APR-17-1997 10:10 FROM TO 97339959 P.10
I, a Notary Public of the County and State
aforesaid, certify that and personally came before me
this day and acknowledged the due execution of the foregoing Instrument, by authority duly given
and as the act of LANDFALL ASSOCIATES, a North Carolina joint venture.
WITNESS my hand and notarial seal, this day of .19
[NOTARY SEAL]
Notarv Public
My Commission Expires
STATE OF NORTH CAROLNA
COUNTY OF
a Notary Public of the County and State
aforesaid, certify that personally came before me this day and
acknowledged that he is Secretary of Northeast New Hanover
Conservancy, a North Carolina corporation, and that. by authority duly given and as the act of the
corporation. the foregoing instrument was signed in its name by its . sealed
with its seal, and attested by self as its
WITNESS my hand and notarial seal, this day of .19
[NOTARY SEAL]
Notary Public,
My Commission Expires
APR-17-1997 10:10 FROM TO
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
DEED
97339959 P.11
TAX PARCEL ID #
TI3IS DEED, made this day of 1997, by and between LANDFALL
ASSOCIATES, a North Carolina joint venture, hereinafter called Grantor, and THE STATE OF
NORTH CAROLINA, with an address of hereinafter called
Grantee.
WITNESSETH-
WHEREAS, Grantor is the owner in fee of approximately 210.80 acres of real property
situated in New Hanover County, North Carolina and more particularly described as Landfall
Associates Natural & Scenic Preservation Area in a survey and map recorded in Map Book
Pages --, of the New Hanover County Registry and incorporated herein by reference (the
„Property„);
WHEREAS, Grantor desires to conduct certain work related to the completion of Grantor's
residential development on adjacent real property (the "Work");
WHEREAS, the Work will result in the discharge of dredged or fill material in waters of the
United States, including wetlands. and Grantor has obtained a permit issued by the U.S. Army Corps
of Engineers ("Permit") and a Section 401 Clean Water Act Nvater quality certification issued by the
State of North Carolina ("Certification') authorizing the discharge;
WHEREAS, the Permit and Certification require Grantor to implement a Mitigation Plan
which incorporates the protection of the Property under a conservation easement;
WHEREAS, the North Carolina Conservation and Historic Preservation Agreements Act,
N.C. Gen. Stat. § 121-34 et seq., permits the creation of conservation easements;
WHEREAS, Grantor has convoycd it conservation easement over the Property to Northeast
New Hanover Conscrvancy, as sct forth in a Deed of Comorvation Easement recorded in Deed Book
, Page , of the New Hanover County Registry, which is incorporated into this deed by
reference;
WHEREAS, Grantor, in consideration of the present authorization to oonduct the Work
granted by the Permit and the Certificate, was agreeable to conveying the conservation easement
described above and is now agreeable to conveying to Grantee, subject to the conservation easement
described above, Grantor's fee interest in the Property;
WHEREAS, Grantee is willing to accept, subject to the conservation easement described
above, Grantor's fee interest in the Property.
APR-17-1997 10:11 FROM TO 97339959 P.12
NOW, THEREFORE, in consideration of the issuancc of the Permit and the CCrdficatc to
conduct the Work. the receipt and sufficiency of which are hereby acknowlcdged, Grantor hcrcby
grants and conveys to Grantee all its right, title, and interest in the Property; subject, however, to
the following exceptions: (1) the Conservation Easement recorded in Deed Book _, Page _ of
the New Hanover County Registry; and (2) any other easements, restrictions, and rights of way of
record.
TO HAVE AND TO HOLD unto the Grantee and Grantee's successors and assigns, forever.
IN WITNESS WHEREOF, Grantor has caused these presents to be signed and sealed by its
duly authorized agents this the day and year first above written.
LANDFALL ASSOCIATES, A North
Carolina Joint Venture (SEAL)
By: _ (SEAL)
Authorized Agent
By: (SEAL)
Authorized Agent
STATE OF NORTH CAROLINA
COUNTY OF
1.
. a Notary Public ofthe County and State
aforesaid, certify that and - personally came before me
this day and acknowledged the due execution of the foregoing Instrument, by authority duly given
and as the act of LANDFALL ASSOCIATES, a North Carolina joint venture.
WITNESS my hand and notarial seal, this day of ,19
[NOTARY SEAL]
Notary Public
My Commission Expires
This instrument prepared by and return to:
S. Keith Cooper
Landfall Associates
P.O. Box 5368, Hanover Center Station
Wilmington, NC 28403
APR-17-1997 10:11 FROM
NORTH CAROLINA
NEW HANOVER COUNTY
LANDFALL ASSOCIATES,
Plaintiff,
THE STATE OF NORTH CAROLINA:
THE DEPARTMENT OF ENVIRONMENT,
HEALTH and NATURAL RESOURCES,
an executive agency of the State of North
Carolina; and JONATHAN E. HOWES,
Secretary of the Department of Environment,
Health and Natural Resources, in his
representative capacity,
Defendants.
TO
97339959 P.13
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
95 CvS 1161
STIPULATION
FOR EXTENSION OF TIME
TO RESPOND TO
DISCOVERY REQUESTS
Plaintiff and Defendants, by and through their undersigned counsel and pursuant to Rule 6(b)
of the North Carolina Rules of Civil Procedure and Rule 4 of the General Rules of Practice for the
Superior and District Courts Supplemental to the Rules of Civil Procedure, hereby stipulate that
Plaintiff shall have through and including June 6, 1997, to serve answers, objections, or other
responses to Defendants' First Set of Requests for Admissions with Interrogatories, Interrogatories
and Requests for Production of Documcuts. The reason for the extension is that the parties have
reached a tentative settlement and additional time is required to finalize the documents to effect the
settlement
APR-17-1997 10:12 FROM TO 97339959 P.14
This the day of
V. Randall Tinsley
'Ll. 1997.
Daniel F. McLawhorn
BROOKS, PIERCE, MCLENDON
HUMPHREY & LEONARD, L.L.P.
Post Office Box 26000
Greensboro, NC 27420
Telephone: [phone]
Attorney for Maintiff
Special Deputy Attorney General
North Carolina Department of Justice
Post Office Box 629
Raleigh, NC 27602-0629
Telephone: [phone]
Attorney for Defendants
TOTAL P.14
FROM NC AG SPECIAL LITIGATION 919-715-4019
0*t•lt* FAx Nola 671., Dete _q P¦?as? `
To
; :
(0111
e. eel. o,
hone a Phono 0 r7 _ 1
ax N '7 3 3 19
px
11.07. 1996 11' 35
L?
Borth Carolina
Clopartmont of Juytlce
1'. 0. Box 649
MICF1?? IR 141 RALE10H
A R y M14 27602062'0
MEMORANDUM
V4 4SWILE DELIVERY ONLY
Richard Whisnant
MDan McLawhorn
R; November 6, 1996

REPLY 1,0!
VAX:

MolAwhom
LldSaQon
Dato,
(0
iS?O:B
S ?T::1 Landfall Settleti?ent Offer
jl
?eojge House called last week with a settlement offer in a lawsuit over th? ?wnership
of ub ergo lands bordering the Landfall development, The offer also involve a permit
app scat on ?o the Corps of Engineers for an individual §404 permit to build a third olf course
at nd ell.; The proposed development requires that protected wetlands,I,mostly if all piney
flat and', b? mitigatod. Thus, tha §401 program is involved,
l ndfall proposes to settle the submerged lands lawsuit by deedi g those It}n?s back to
the statd in `exchange for partial credit against its mitigation requireme I. Its to;I mitigation
req ire ent is about 155 acres for 80 impacted acres. Landfall seeks a 40 acre c it for the
2 ac s oT submerged lands claimed. It would still mitigate at a 1:1 ratio the impacted
Acres. hi credit would be used to offset mitigation requirements byte state at: *her than
the 1:1 ev I.
I!
ll
Allc Jernigan and I are meeting with John Dorney noxt Wedno day at 1: d at Johns
Off td di0cuss the proposal. We shall compare charts and maps, The urpose of tbo meeting
is t dissruse a possible recommendation to the affoeted Divisions, In our reliminar discussions
wl John ttW the Division of Marine Fisheries, We have not found realons W rej?t the offer
to et0e,
would like your assistance in organi7.ir g a meeting to discuss this 0 . to settle.
00 rge ae asked for a response Next Friday, If wo require more times I'll notify ? Im. You
are•wel om? to join us at the meeting on Wednesday,
C o l>orney i
Jernigan i
try Cooper
90 Oakley
A,. Wojoiechowski
I ***END***
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State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Govemor
Jonathan B. Ho wes, Sec reta ry
A. Presto n Howard, Jr., P.E., DirP?•?
Mr. Keith Cooper
Landfall Associates
P.O. Box 5368
Wilmington, NC 28403
(?ATl-L _ -W
LT.NAA
IT 0
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rho L1 H N Ri

Dear Mr. Cooper, ? V vi
Re: Certification Pursuant to
Proposed Landfall develc
Project #960792, COE #
New Hanover County ??
Attached hereto is a copy
October 1996.

CaSCel-'u'
?r
?v
010
a?
If we can be of further assistance, do not hesitate to contact us.
Sincerely,

__.. -.ssociates dated 10
A. Preston Howard, Jr. P.E.
Attachments
960792.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
Bruce Bolick;CZR
Division of Water Duality • Environmental Sciences Branch
Enviro. Sciences Branch. 4401 Reedv Creek Rd.. Raleiah. NC 27607 Telephone [phone] FAX # [phone]
0
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to Landfall Associates
resulting in 83.5 acres of wetland impact in New Hanover County pursuant to an application filed
on the 19th day of August of 1996 to develop a golf course and residential community.
The application provides adequate assurance that the discharge of fill material into the waters
of Howe Creek in conjunction with the proposed development will not result in a violation of
applicable Water Quality Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302,
303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and
conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application,
as described in the Public Notice or as modified below. If you change your project, you must
notify us and you may be required to submit a revised application. For this approval to be valid,
you must follow the conditions listed below. In addition, you should get any other federal, state
or local permits before you go ahead with your project including (but not limited to) Sediment and
Erosion control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as to prevent significant increase in
turbidity outside the area of construction or construction related discharge (50
NTUs in streams and rivers not designated as trout waters by DWQ; 25 NTUs in
all saltwater classes, and all lakes and reservoirs; 10 NTUs in trout waters).
2. In the retirement center site, wetland fill shall only be allowed for a road crossing
underneath the existing powerline right of way.
3. The stormwater pond for the retirement center shall not be built in wetlands. Water
from the pond shall be directed to sheetflow into wetlands on the site.
4. Deed restrictions shall be placed on all remaining wetlands in the retirement center
site to prevent future fill.
5. The high quality wetland adjacent to Fairway 5 shall not be cleared, filled or
drained.
6. All stormwater from the golf course and residential lots shall be directed to
sheetflow into remaining wetlands and/or into golf course ponds.
7. Roadside drainage shall be constructed so as not to drain wetlands.
8. In addition to the 153.2 acres of on-site preservation, at least 15 acres of wetland
restoration shall be conducted by the applicant. Deed restrictions or conservation
easements shall be placed on the preservation and restoration areas to ensure future
protection. Additional written DWQ approval is required for the final mitigation
plan before wetland filling occurs.
Violations of any condition herein set forth shall result in revocation of this Certification and
may result in criminal and/or civil penalties. This Certification shall become null and void unless
the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act
Permit. This Certification shall expire upon expiration of the 404 or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C.
27611-7447. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following
receipt of the Certification. Unless such demands are made, this Certification shall be final and
binding.
This the 17th day of October, 1996
DIVISION OF WATER QUALITY
A. Preston Howard, Jr. P.E.
W QC #3082
'State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Steven J. Levitas, Deputy Secretary
DATE: LO
1:3 EHNF=I
Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX[phone]
FROM:
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ENVIRON&ENIAL SCIENCES
1 March 1996
4709 COI_LI (;I AC14 L5 DPW[
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INCORPORATED WII MINC,TON, NOR31 I CAROLINA 28403
REMV D
ENVIRONMENTAL CONSULTANTS IF L 910/392 92,53
MAR ?4 19% IAX 910/392 9139
Mr. John Dorney
N.C. Department of Environment, Health, and Natural Resources
Division of Environmental Management
4401 Reedy Creek Road
Raleigh, North Carolina 27607
21-4 -Y-
Dear Mr- Dorney;
On behalf of Landfall Associates, I am pleased to confirm our meeting at Landfall on
11 March 1996 to discuss the final phases of development at Landfall. The meeting will be
at 10:30 a.m. at the Dye Clubhouse. A map is attached showing the location and the route
from the Eastwood Road gate. Arrangements will be made with Gate Security to allow your
entrance.
Landfall Associates desires to complete its development plan for the 2,250 acre
residential/golf course community begun in 1984. We will be submitting a Section 404 permit
application to the U.S. Army Corps of Engineers with environmental documents regarding the
final phase. We want to use this pre-application meeting to bring you up-to-date with our
planning; to familiarize you with our development needs; and to receive any ideas, input, and
concerns your agency might have. For those who wish to see the final project area, we will
provide a tour after the meeting. Lunch will be provided prior to the tour.
We look forward to seeing you on 11 March.
Sincerely,
CZR INCORPORATED
Bruce W. Bolick
Vice President
Attachment
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960.792
,.____.._...------APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-003
(33 CFR 325) Expires October 1996
Public r or t s collection of Information is estimated to average 5 hours per response, including the time for reviewing instructions,
searchin in9 data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send
commen b?da mate or any other aspect of this collection of information, including suggestions for reducing this burden, to
Departm Da shl o Headquarters Service Directorate of InfonnationOperations and Reports, 1215 Jefferson Davis Highway, Suite
1204, A ingt , VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC
20503. leas !of V6 11'Tom to either of those addresses. Completed applications must be submitted to the District Engineer having
jurisdicti n over th of the proposed activity.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting,
navigable waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged
material for the purpose of dumping it Into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application
for a permit. Disclosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot bt
processed nor can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
(ITEMS 1 THRU 4 TO BE FKLED BY THE CORPS)
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETI
5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE ten spent Is not required)
LANDFALL ASSOCIATES CZR INCORPORATED
S. Keith Cooper, Director of Land Development Bruce W Bolick Vice President
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
P.O. Box 5368 4709 College Acres Drive,Suite 2
Wilmington, NC 28403 Wilmington, NC 28403
7. APPLICANT'S PHONE NOS. W AREA CODE 10. AGENT'S PHONE NOS, W /AREA CODE
a. Residence a. Residence
b. Business 910-256-7646 b. Business 910-392-9253
1 1 . STATEMENT OF AUTHORIZATION
I hereby authorize, CZR Incorporated to act in my behalf as my agent in the .processing of this application and ti
furnish, upon request, supplemental information in support of this permit application.
1 August 1996
APPLICANT'S SIG<&T.? -q-- - K9t+I- Cop P--Y'
DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
Completion of the Landfall Community, New Hanover County, North Carolina
13. NAME OF WATERBODY, IF KNOWN of oopliceblel
Not applicable
15. LOCATION OF PROJECT
New Hanover
COUNTY
North Carolina
STATE
14. PROJECT STREET ADDRESS titeppiicebiel
Not applicable
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, tsee inst,uctionsi See attached Figures 2-1 and 2-2. The 415-acre
project area is located in Harnett Township. See attached sheet (Block 16).
7. DIRECTIONS TO THE SITE See attached Figures 2-1 and 2-2. The main entrance to the Landfall
Community is on Eastwood Road (US 74) approximately 0.5 mile east of the intersection with
Military Cut-off Road (US 17 Truck). Access is through controlled gates. Prior notification
of a planned site visit will be necessary.
1 8. Nature of Activity (Description or project, include ell fee lures!
See attached sheet (Block 18).
19. Project Purpose (Describe the resson or purpose of the project, see Instructions!
Landfall Associates' purpose and need is to complete its master development plan for the
2,250-acre residential /golf course community begun in 1984. The work will begin in early
1997 and will be complete in 2000.
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
The project will potentially impact 83.5 acres of Section 404 jurisdictional wetlands by
grading and filling in the development zone for residential lots, the nine-hole golf course
and associated roadways.
21 . Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
.The golf course development will potentially impact 28 acres of wetlands; the residential
lots, 45.4 acres; and the roadways, 10.1 acres. Materials used will include earthen fill,
stone, concrete. and asAhalt
22. Surface Area in Acres of Wetlands or Other Waters Filled /see Instructionsl
See attached Figure 2-3 and attached sheet (Block 22).
23. Is Any Portion of the Work Already Complete? Yes No _X IF YES, DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here,
please attach a supplemental list).
See attached supplemental list (Block 24).
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
See attached sheet (Block 25).
Would include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the
duly authorized agent of the applicant.
1 August 1996 1 August 1996
SIGNATL6f OF APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.
' U.S.GPO.1994.520-478/82018
Block 16. (continued)
This proposed project involves the remaining undeveloped property in the Landfall Community.
The project area is a 415-acre area along the western edge of Landfall. This project area (see attached
Figure 2-2) is roughly bounded by a Carolina Power and Light right-of-way and Trask property (along
Old Military Cutoff) on the west; shopping center/commercial area, developed residential areas, and the
Dye Golf Course on the south; a 40-acre Wetland Conservation Area, developed residential areas, and
the Nicklaus Golf Course on the east; and Arboretum Drive and adjacent Trask property on the north.
Block 18.
The proposed action (see attached Figure 2-3) is the development of a nine-hole golf course,
adjacent single-family residential development, and a retirement center within the 415-acre project area.
The retirement center will be located in the northwest corner of the project area, and the golf course
with 200 associated residential units will be located in a manner to avoid all high quality wetlands and
to avoid and minimize impact to the extent practicable on the remaining low quality wetlands. About
37 percent (152.5 acres) of the 415-acre project area will be preserved natural area (see attached Figure
5-1). This will consist of all 31 acres of high quality wetlands (nonriverine wet hardwood forest, bay
forest, and coastal plain small stream swamp), 115.4 acres of lower quality wetlands (dominated by
pine flatwoods), and 6.1 acres of interspersed uplands. These preservation areas will be subjected to
a deeded conservation easement in favor of the Northeast New Hanover Conservancy or a similar entity.
The proposed action has the potential to impact 83.5 acres of low quality wetlands, and will
thus require a Section 404 permit from the U.S. Army Corps of Engineers (USACE). The preservation
areas listed above are part of the compensatory wetlands mitigation plan proposed for this project (see
Section 5.3.2 Compensatory Wetlands Mitigation Plan in the Environmental Assessment Report prepared
for the project). The mitigation plan also includes the restoration of 64.5 acres of prior-converted
cropland to wetlands.
Block 22.
The project will potentially impact 83.5 acres of Section 404 jurisdictional wetlands by grading
and filling in the development zone for residential lots, the nine-hole golf course, and associated
roadways. Small acreages of disturbed herbaceous assemblage (2.7 acres) and mixed pine/hardwood
forest (0.2 acre) will be impacted. However, most (80.6 acres or 96.5 percent) of the potential wetland
impact acreage is pine timberland, consisting of 75.5 acres of pine flatwoods and 5.1 acres of pond pine
woodland. These community types have a relatively low wetland value on the site based on DEM
ratings, and such pine timberlands are common in the project area vicinity and in southeastern North
Carolina. Based on Forest Statistics for the Southern Coastal Plain of North Carolina, 1990 (Johnson
1990), pine timberland makes up 44.7 percent (2,341,631 acres) of timberland in this region. In New
Hanover County, pine timberland comprises 21,013 acres, or 42.6 percent of the county's timberland.
The pine timberland wetlands impacted by the proposed action constitute about 0.4 percent of the pine
timberland in New Hanover County and about 0.003 percent of the pine timberland in the southern
coastal plain. The USDA forest statistics include wetlands and non-wetlands alike in the pine timberland
category. The percentage of wetlands in pine timberlands in New Hanover County and the region is not
known, but is thought to be high based on soils maps and on personal experience of wetland delineators
working in New Hanover County and the region. The loss of this relatively small acreage of pine
timberland is not significant and will be mitigated by Landfall Associates.
Some of the 83.5 acres of wetlands described above will likely not be lost, but will be left on
lots or incorporated into the golf course design. However, Landfall Associates has assumed a worst-
case scenario and has prepared a Compensatory Wetlands Mitigation Plan accordingly. The wetlands
avoidance and minimization procedures followed under this project are outlined in Section 5.3.1 of the
Environmental Assessment Report (EAR) accompanying the permit application, and the proposed
Compensatory Wetlands Mitigation Plan is outlined in Section 5.3.2 at the EAR.
31 July 1996
AWiTIGATMPERMIT.APP
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Landfall Associates has an approved New Hanover County Subdivision Plan for the proposed
project area and is consistent with the current residential zoning requirements for the project area. No
Coastal Area Management Act (CAMA) Areas of Environmental Concern occur within the project area,
and no CAMA permit is required. Detailed plans will be developed and submitted for approval to New
Hanover County and the North Carolina Division of Environmental Management (NCDEM) for sewer main
extensions, to the City of Wilmington and NCDEM for water main extensions, to New Hanover County
for grading and erosion control, and to NCDEM for storm water management. The primary permit
required is the Section 404 permit from the USACE to fill in wetlands, including the related 401 Water
Quality Certification from NCDEM.
31 July 1996
AAMITIGAMPERMIT.APP
LOCATION MAP Doh.
® LANDFALL FOR THE LANDFALL COMMUNITY 1996
-GTO.N..cc. -:NVIRON\IF.V'I'AI, CONSULTANTS LANDSCAPE,, ARCHITECTURE/1'L.ANNI\G FIGURE:
ASSOCIATES ('ZR 1\C0RI'012/1"I'I':D I'ATO\/zucc1I1\,0 & ASSO(:I:\'I ES, P.A. 2 -1
11'ILMINGTON, V.C. RALEIGH, N.C.

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?I?'. GOLF LDT? 174 LOTS
INTERIOR LOTS 28 LOTS IDII DDAUn WE ANDS
TOTAL'LOTS 200 LOTS
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QUALITY

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LANDFALL
¦II.IIINOTON, N.C. ENVIRONMENTAL CONSULTANTS LANDSCAPE ARCHITECTURE PLANNING tmm.
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® PRESERVATION AREAS FOR JULY
LANDFALL PROPOSED ALTERNATIVE 4 1996
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WETLAND PRESERVATION 146.4 ACRES
UPLAND PRESERVATION 6.1 ACRES
TOTAL PRESERVATION 152.5 ACRES

PLAT

96 070 49-
ENVIRONMENTAL ASSESSMENT REPORT FOR
THE COMPLETION OF THE LANDFALL
COMMUNITY, NEW HANOVER COUNTY,
NORTH CAROLINA
Prepared For:
AUG 1 9 19%
W1 IIANI'
WATER Q1 3 a'
UNITED STATES ARMY CORPS OF ENGINEERS
Wilmington District, North Carolina
Prepared By:
LANDFALL ASSOCIATES
Wilmington, North Carolina
CZR INCORPORATED
Wilmington, North Carolina
PATON/ZUCCHINO & ASSOCIATES, P.A.
Raleigh, North Carolina
BROOKS, PIERCE, McLENDON, HUMPHREY & LEONARD
Greensboro, North Carolina
July 1996

1

[1

TABLE OF CONTENTS
Paqe
COVER SHEET .......................................................... i
TABLE OF CONTENTS ................................................... ii
LIST OF TABLES ....................................................... v
LIST OF FIGURES ....................................................... vi
1.0 EXECUTIVE SUMMARY .......................................... 1-1
2.0 PURPOSE AND NEED ............................................ 2-1
2.1 Introduction ............................ 2-1
2.2 Proposed Action ........................................ 2-1
2.3 Purpose and Need for Action ............................... 2-1
2.4 Permit Action Required ................................... 2-1
3.0 ALTERNATIVES ................................................ 3-1
3.1 Introduction ................ 3-1
3.2 Description of Alternatives ................................. 3-1
3.2.1 Alternative 1 ................................... 3-1
3.2.2 Alternative 2 ................................... 3-1
3.2.3 Alternative 3 ................................... 3-4
3.2.4 Alternative 4 ................................... 3-4
3.2.5 No Action Alternative (Alternative 5) ................... 3-4
3.3 Comparison of Alternatives ................................. 3-9
4.0 AFFECTED ENVIRONMENT ........................................ 4-1
4.1 Topography and Physiography ............................. 4-1
4.2 Soils ................................................ 4-1
4.3 Water Resources ............................. 4-1
4.3.1 Surface Hydrology and Water Quality .................. 4-1
4.3.2 Groundwater and Water Quality ..................... 4-3
4.4 Air Quality ............................................ 4-3
4.5 Plant Communities ...................................... 4-5
4.5.1 Pine Flatwoods ................................. 4-5
4.5.2 Pond Pine Woodland .............................. 4-9
4.5.3 Nonriverine Wet Hardwood Forest .......... 4-9
4.5.4 Bay Forest ..................................... 4-9
4.5.5 Coastal Plain Small Stream Swamp .................... 4-9
4.5.6 Mixed Pine/Hardwood Forest ........................ 4-9
4.5.7 Coastal Fringe Evergreen Forest ..................... 4-10
4.5.8 Disturbed Herbaceous Assemblage ................... 4-10
4.5.9 Man-dominated Areas ............................ 4-10
4.5.10 Open Water (Ponds) ............................ 4-10
1

1 4.6 Wildlife ............................................. 4-10
4.6.1 Terrestrial Habitat ............................... 4-10
' 4.6.2 Aquatic Habitat ................................ 4-11
4.7 Wetlands and Open Waters (Section 404 Jurisdictional Areas) ....... 4-11
4.8 CAMA Jurisdictional Areas ................................ 4-15
4.9 Endangered and Threatened Species .........................
4.9.1 Federal Species of Concern ........................ 4-15
4-18
4.10
4.11 Cultural Resources .....................................
Land Use ............................................ 4-19
4-19
4.11.1 County Land Classification and Zoning ................ 4-19
4.11.2 Infrastructure ................................. 4-19
4.11.3 Recreation and Conservation ....................... 4-20
4.12 Socioeconomic Considerations ............................. 4-20
4.12.1 Population .......
4.12.2 Services and Utilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4-20
4-20
4.12.3 Economics .................................... 4-20

' 4.12.3.1 State and Local Taxes ..............
4.12.3.2 Purchases of Goods and Services ...... 4-21
4-21
4.12.3.3 Income and Employment . 4-21
' 5.0 ENVIRONMENTAL CONSEQUENCES OF THE PROPOSED ACTION ............ . 5-1
5.1 Direct and Indirect Effects of the Proposed Project on the
Natural Environment ....................................
5.1.1 Topography and Physiography . 5-1
5-1
5.1.2 Soils ........................................ . 5-1
5.1.3 Water Resources ............................... . 5-1
5.1.3.1 Groundwater ........................... . 5-1
5.1.3.2 Surface Hydrology and Water Quality 5-1
5.1.4 Air Quality .................................... . 5-1
5.1.5 Plant Communities ..............................
5.1.6 Wildlife . 5-1
5-2
5.1.7 Wetlands and Open Waters (Section 404 Jurisdictional Areas) . 5-2

' 5.1.8 CAMA Jurisdictional Areas ........................
5.1.9 Endangered and Threatened Species .................. . 5-2
. 5-2
5.2 Direct and Indirect Effects of the Proposed Action on the Man-made
Environment ............ 5-2
5.2.1 Cultural Resources
.............................. .
5-2
5.2.2 Land Use ..................................... . 5-3
5.2.3 Socioeconomic Considerations ......................
5.2.3.1 Population . 5-3
. 5-3
iii
1

' 5.2.3.2 Services and Utilities ....................... 5-3
5.2.3.3 Economics .............................. 5-3
5.2.3.3.1 State and Local Taxes ............... 5-3
5.2.3.3.2 Purchases of Goods and Services ....... 5-3
5.2.3.3.3 Income and Employment . 5-4
5.3 Wetlands Mitigation Measures ..............................
5.3.1 Wetlands Avoidance/Minimization 5-4
5-4
5.3.2 Compensatory Wetlands Mitigation Plan ................ 5-5
5.3.2.1 Preservation Within the 415-acre Project Area ...... 5-5
' 5.3.2.2 Restoration of Prior-converted Croplands ......... 5-7
5.4 Compatibility with State Policies and Local Land Use Plans ........... 5-8
' 6.0 LITERATURE CITED ............................................. 6-1
' 7.0 LIST OF PREPARERS ............................................ 7-1

t
I.

u
t

iv

LIST OF TABLES

' Table
3-1
Summary comparison of environmental and socioeconomic impacts projected for each Page
development alternative ........................................... 3-10
3-2 Potential impacts to plant communities (in acres) by alternative ................ 3-12
3-3 Summary of potential impacts (in acres) to Section 404 jurisdictional areas by
alternative .....................................................
3-13
3-4 Population impacts by alternative ..................................... 3-14
3-5 Development spending and taxes for the current undeveloped area and for each
development alternative ........................................... 3-15
3-6 Projected taxes and fees (in $1,000's) for the development alternatives .......... 3-16
3-7 Projected income and employment created by each development alternative ........ 3-17
4-1 Soils mapped within the 415-acre project area ............................ . 4-2
4-2
4-3 Summary of National and North Carolina ambient air quality standards ...........
Summary of 1995 ambient air quality data from New Hanover County, North Carolina . 4-4
. 4-6
' 4-4 Plant communities within the 415-acre project area ........................ . 4-8
4-5 Section 404 jurisdictional wetland types and acreages in the 415-acre project area ... 4-13
' 4-6 Federal and state protected species for New Hanover County ................. 4-16

v

t

t

LIST OF FIGURES
Figure Page
2-1 Location Map for the Landfall Community ................................ 2-2
2-2 Landfall Project Area .............................................. 2-3
2-3 Proposed Action -- Alternative 4 ...................................... 2-4
3-1 Alternative 1 .................................................... 3-2
3-2 Alternative 2 .................................................... 3-3
3-3 Alternative 3 .................................................... 3-5
3-4 Alternative 4 .................................................... 3-6
3-5 Wildlife Corridors ................................................. 3-7
3-6 No Action Alternative -- Alternative 5 ................................... 3-8
4-1 Plant Communities Map ............................................ 4-7
4-2 Section 404 Jurisdictional Areas ..................................... 4-14
5-1 Preservation Areas for Proposed Alternative 4 ............................. 5-6
vi

[I
' 1.0 EXECUTIVE SUMMARY
The Landfall Community is a master-planned residential and recreational community under
development by Landfall Associates, a North Carolina General Partnership. Located on a 2,250-acre
parcel formerly known as the Pembroke Jones Estate in eastern New Hanover County, the Landfall
Community is roughly bordered by Eastwood Road (US 74) to the south, the Intracoastal Waterway
to the east, Howe Creek to the north, and a Carolina Power and Light right-of-way (roughly parallel to
and just east of Old Military Cutoff) to the west. Begun in 1984, the master plan for the Landfall
Community consisted of single family homes, townhouses, condominiums, and recreational facilities
including three golf courses and a tennis complex.
Landfall Associates' purpose and need is to complete its master development plan for the
2,250-acre residential/golf course community. The proposed action is the development of a nine-hole
golf course, adjacent single-family residential development, and a retirement center within the 415-acre
project area. The retirement center will be located in the northwest corner of the project area, and the
golf course with the 200 associated residential units will be located in a manner to avoid all high quality
wetlands and to avoid and minimize impact to the extent practicable on the remaining low quality
wetlands. About 37 percent (152.5 acres) of the 415-acre project area will be preserved natural area.
This will consist of all 31 acres of high quality wetlands (nonriverine wet hardwood forest, bay forest,
and coastal plain small stream swamp), 115.4 acres of lower quality wetlands (dominated by pine
' flatwoods), and 6.1 acres of interspersed uplands. These preservation areas will be subjected to a
deeded conservation easement in favor of the Northeast New Hanover Conservancy or a similar entity.
The proposed development alternative (proposed action) has the potential to impact 83.5 acres
of wetlands, and will thus require a Section 404 permit from the U.S. Army Corps of Engineers
(USACE). Small acreages of disturbed herbaceous assemblage (2.7 acres) and mixed pine/hardwood
' forest (0.2 acre) will be impacted. However, most (80.6 acres or 96.5 percent) of the potential wetland
impact acreage is pine timberland, consisting of 75.5 acres of pine flatwoods and 5.1 acres of pond
pine woodland. These community types on-site have a relatively low wetland value based on DEM
ratings, and such pine timberlands are common in the project area vicinity and in southeastern North
' Carolina. Based on Forest Statistics for the Southern Coastal Plain of North Carolina, 1990 (Johnson
1990), pine timberland makes up 44.7 percent (2,341,631 acres) of timberland in this region. In New
Hanover County, pine timberland comprises 21,013 acres, or 42.6 percent of the county's timberland.
The pine timberland wetlands impacted by the proposed action constitute about 0.4 percent of the pine
timberland in New Hanover County and about 0.003 percent of the pine timberland in the southern
coastal plain. The USDA forest statistics include wetlands and non-wetlands alike in the pine
timberland category. The percentage of wetlands in pine timberlands in New Hanover County and the
region is not known, but is thought to be high based on soils maps and on personal experience of
wetland delineators working in New Hanover County and the region. The loss of this relatively small
acreage of pine timberland is not significant and will be mitigated by Landfall Associates. The
preservation areas listed above are part of the proposed compensatory wetlands mitigation plan for this
project. The mitigation plan also includes the restoration of 64.5 acres of prior-converted cropland to
wetlands.
Other alternatives were considered, but the number of gross acres required for these uses and
the resultant wetland impacts make these alternatives less environmentally favorable. The proposed
action was developed in response to comments on these alternatives by State and Federal resource
agencies at a pre-application consultation in March 1996. The No Action Alternative does not fulfill
the purpose and need, is not a practicable alternative, and was dismissed from consideration. Although
Alternatives 1 through 4 all show positive socioeconomic impacts on the Wilmington economy and to
' Landfall Associates, the proposed development alternative provides the best balance between
socioeconomic impacts, economic needs, and environmental impacts.
1 1-1

Landfall Associates has an approved New Hanover County Subdivision Plan for the proposed
project area. No Coastal Area Management Act (CAMA) Areas of Environmental Concern occur within
the project area, and no CAMA permit is required. Detailed plans will be developed and submitted for
approval to New Hanover County and the North Carolina Division of Environmental Management
(NCDEM) for sewer main extensions, to the City of Wilmington and NCDEM for water main extensions,
to New Hanover County for grading and erosion control, and to NCDEM for stormwater management.
The primary permit required is the Section 404 permit from the USACE to impact wetlands, including
the related 401 Water Quality Certification from NCDEM.
Based on an analysis of potential environmental impacts, Landfall Associates has concluded that
no significant adverse impact to the quality of the human environment will result from the Proposed
Action. Furthermore, adverse environmental effects have been avoided and minimized to the extent
practicable, and any impact that does occur will be offset by the mitigation proposed.

11

Li

1.2

t

2.0 PURPOSE AND NEED
2.1 Introduction. Landfall Community is a master-planned residential and recreational
community under development by Landfall Associates, a North Carolina General Partnership. The
Landfall Community is on a 2,250-acre parcel (Landfall Community) formerly known as the Pembroke
Jones Estate in eastern New Hanover County. The Landfall Community is roughly bordered by
Eastwood Road (US 74) to the south, the Intracoastal Waterway to the east, Howe Creek to the north,
and a Carolina Power and Light right-of-way (roughly parallel to and just east of Old Military Cutoff) to
the west (Figure 2-1). Begun in 1984, the master plan for the Landfall Community consisted of single
family homes, townhouses, condominiums, and recreational facilities including three golf courses and
a tennis complex.
This proposed project involves the remaining undeveloped property in the Landfall Community.
The project area is a 415-acre area along the western edge of the Landfall Community. This project
area (Figure 2-2) is roughly bounded by a Carolina Power and Light right-of-way and Trask property
(along Old Military Cutoff) on the west; shopping center/commercial area, developed residential areas,
and the Dye Golf Course on the south; a 40-acre Wetland Conservation Area, developed residential
areas, and the Nicklaus Golf Course on the east; and Arboretum Drive and adjacent Trask property on
the north.
J
t

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11
2.2 Proposed Action. The proposed action (Figure 2-3) is the development of a nine-hole
golf course, adjacent single-family residential development, and a retirement center within the 415-acre
project area. This proposed alternative is presented in detail in 3.2.4 Alternative 4 below. The
retirement center will be located in the northwest corner of the project area, and the golf course with
200 associated residential units will be located in a manner to avoid all high quality wetlands, and to
avoid and minimize impact to the extent practicable on the remaining low quality wetlands. About 37
percent (152.5 acres) of the 415-acre project area will be preserved natural area. This will consist of
all 31 acres of high quality wetlands (nonriverine wet hardwood forest, bay forest, and coastal plain
small stream swamp), 115.4 acres of lower quality wetlands (dominated by pine flatwoods), and 6.1
acres of interspersed uplands. These preservation areas will be subjected to a deeded conservation
easement in favor of the Northeast New Hanover Conservancy or a similar entity.
The proposed action has the potential to impact 83.5 acres of low quality wetlands, and will
thus require a Section 404 permit from the U.S. Army Corps of Engineers (USACE). The preservation
areas listed above are part of the compensatory wetlands mitigation plan proposed for this project (see
Section 5.3.2 Compensatory Wetlands Mitigation Plan). The mitigation plan also includes the
restoration of 64.5 acres of prior-converted cropland to wetlands.
2.3 Purpose and Need for Action. Landfall Associates' purpose and need is to complete its
master development plan for the 2,250-acre residential /golf course community begun in 1984.
2.4 Permit Action Required. Landfall Associates has an approved New Hanover County
Subdivision Plan for the proposed project area. No Coastal Area Management Act (CAMA) Areas of
Environmental Concern occur within the project area, and no CAMA permit is required. Detailed plans
will be developed and submitted for approval to New Hanover County and the North Carolina Division
of Environmental Management (NCDEM) for sewer main extensions, to the City of Wilmington and
NCDEM for water main extensions, to New Hanover County for grading and erosion control, and to
NCDEM for stormwater management. The primary permit required is the Section 404 permit from the
USACE to fill in wetlands. This permit includes the related 401 Water Quality Certification from
NCDEM.
2-1
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LOCATION MAP uArE:
® FOR THE LANDFALL COMMUNITY 1998
LANDFALL
w LNIINGTON. N.C. ENVIRONMENTAL CONSULTANTS LANDSCAPE ARCHITECTURE/PLANNING FIGURE:
jug ?,?,NDFAW. ASSOCIATES CZR INCORPORATED PATO\/ZUCCI-IINO & ASSOCIA'T'ES, P.A.
2-1
IVIUMINGTON. N.C. RALEIGH, N.C.
2-2
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LANDFALL DATE:
® LANDFALL PROJECT AREA loge
wu.nn ncTON, N.c. ENVIRONMENTAL CONSULTANTS LANDSCAPE ARCHITECTURE/PLANNING FIGURE:
LANUFALI. ASSOCIATES CZR INCORPORATEI) PATON/ZliCCI-IINO & ASSOCIATES, P.A.
WILMINGTON, N.C. RALEIGH, N.C. 2
2-3

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TRACT SIZE 415 ACRES
Low DUAUTY WETLANDS
r `DOLE' Lbik 174 LOTS
' INTERIOR LOTS 26 LOTS Hpi WAUTY WETLANDS
TOTAL LOTS 200 LOTSp
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WETLANDS IMPACT 0 ACRES ® -Al- 11ETLAND$ BY
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TOTAL WETLANDS IMPACT 83.5 ACRES
' NON-IMPACTED WETLANDS 153.2 ACRES
PLAT
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PROPOSED ACTION DAIS
® LANDFALL a-TEf7VATIVE 4 i en
pp WUMI NGTON, N.C. ENVIRONMENTAL CONSULTANTS LANDSCAPE ARCHITECTURE/PLANNING rtaJW.
?l LANDFALL "SS0Q1AM
CZR INCORPORATED PATON/ZUCCHINO & ASSOCIATES, P.A. 2-3
WILMINGTON, N.C. RALEIGH, N.C.
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3.0 ALTERNATIVES
3.1 Introduction. The original master plan for completion of the Landfall Community
included an 18-hole championship golf course, 300 residential units, and a full-care retirement center
facility. Alternative 1 was developed to follow the master plan. Upon completion of the delineation
of the Section 404 jurisdictional areas for the 415-acre project area, it was determined that completion
of the original master development plan could directly impact 191.7 acres of wetlands.
In order to avoid and minimize wetland impacts, Landfall Associates developed a second
alternative (Alternative 2) which reduced the golf program to a nine-hole golf course, with 310
residential units, and the retirement center. This alternative would avoid all high quality wetlands within
the project area, and would reduce potential direct wetland impacts to 154.5 acres of low quality
wetlands.
To further avoid and minimize wetland impacts, while maintaining an economically feasible
development program, Landfall Associates developed a third alternative (Alternative 3) which includes
a nine-hole golf course, 210 residential units, and the retirement center. This alternative avoids all high
quality wetlands. By clustering the development program into the northern section of the project area,
Alternative 3 reduces potential direct wetland impacts to 84.3 acres of low quality wetlands.
Alternative 3 was presented to State and Federal resource agencies for comment at a pre-
application consultation on 11 March 1996. The agencies' responses to Alternative 3 were then
incorporated into Alternative 4 to improve wildlife habitat corridors and address potential secondary
wetland impacts. Alternative 4 is a modification of Alternative 3 and is the Applicant's proposed
action.
Landfall Associates also developed a "no action" alternative (Alternative 5) which includes the
development of non-amenitized residential lots and the retirement center in the non-jurisdictional
portions of the project area without expansion of golf course facilities. This alternative, which is
essentially a "no Section 404 permit required" alternative, is not practicable and would not meet the
Applicant's Purpose and Need. The five alternatives are described in detail in Section 3.2 below.
3.2 Description of Alternatives
3.2.1 Alternative 1. Alternative 1 follows Landfall Associates' original master plan
for the 2,250-acre proposed Landfall Community. This alternative includes an 18-hole championship
golf course, 290 residential units, and a retirement center facility. The development plan for Alternative
1, depicted in Figure 3-1, requires nearly full utilization of the 415-acre project area to accommodate
the development program. Alternative 1 fully supports the original master development program for
the Landfall Community. As part of the master plan development program, Landfall Associates
executed an agreement with Jack Nicklaus Golf Services, Incorporated on 22 May 1987 to design and
build the 18-hole golf course referred to in this assessment. Alternative 1 would impact 191.7 acres
of wetlands including 17.2 acres of high quality wetlands. The majority of wetland impacts for
Alternative 1 are associated with golf holes and residential units in the southern third of the site which
is primarily jurisdictional wetlands. Forty-five acres of wetlands would be preserved under this
alternative.
3.2.2 Alternative 2. A large percentage of the wetland impacts associated with
Alternative 1 would be generated by the 18-hole golf course and associated residential lots. Golf
program flexibility was needed to further avoid and minimize wetlands impacts. With this
understanding, Landfall Associates developed Alternative 2 (Figure 3-2), which reduces the golf
program to nine holes, thereby reducing direct wetlands impacts attributable to golf fairways by more
3-1

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UPLANDS
TRACT SIZE 415 ACRES
\ . LOW a1AJTY WETLANDS
\ GOLF LOTS 200 LOTS
INTERIOR LOTS
TO 81 LOTS
HIGH °DAL TY WETLANDS
TAL LOTS 290 LOTS
LOW QUALITY
WEMNOS IMPACT 174,5 ACRES Oar COURSE CORRIDORS
HIGH QUALITY IMPACTED S BY RESDENTIA
WETLANDS IMPACT 17.2 ACRES Lots AM ADWAYS
TOTAL WETLANDS IMPACT 191.7 ACRES ® RAPACTEU WETLANDS SY car
COURSE CORRIDORS
NON-IMPACTED WETLANDS 48.0 ACRES
PLAT
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OATS
ALTEMATNE 1 AMY
1996
ENVIRONMENTAL CONSULTANTS LANDSCAPE ARCHITECTURE/PLANNING nam
CZR INCORPORATED PPATTOH/ZUCCHINO & ASSOCIATES, P.A. 3-1
WILMINGTON, N.C. 3-2

1
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UPLANDS
' QOIF LOTS 172 LOTS
INTERIOR LOTS 135 LOTS LON wAUn >,rruno5
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' ? WETLANDS WACT 154.5 ACRE S _
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,.. TOTAL wETUUOS IMPACT 154.5 ACRES
M
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NON-IMPACTED WETLANDS 512 ACRES
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DATL•
ALTEMATNE 2 `c
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1DYIIIGTON
N
C ENVIRONMENTAL CONSULTANTS LANDSCAPE ARCHITECTURE/ PLANNING FWM
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.
LANDFALL AMSOCIATPS
CZR INCORPORATED
PATON/ZUCCHINO &
ASSOCIATES, P.A.
3-2
WILMINGTON, N.C. RALEIGH, N.C.
3-3

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than half (to 22 acres.) Alternative 2 would reduce the golf program from 18 holes to nine holes,
provide 310 residential units, and include the retirement center. Alternative 2 would preserve 82.2
acres of wetlands.
3.2.3 Alternative 3. Alternative 3 seeks to further refine the development program
to balance project economic requirements with the goal of avoiding and minimizing wetland impacts.
Alternative 3 (Figure 3-3) includes nine holes of golf, reduces the total residential unit count to 210,
and includes the retirement center.
Alternative 3 wetland impacts would be reduced considerably from those in Alternatives
1 and 2. The reduction in wetland impacts would be achieved primarily through the significant
reduction of residential units (from 310 to 210). Although the total residential units would be reduced
by approximately 32 percent (100 units), the number of golf units would remain relatively constant as
the percentage of golf units to total units reaches 80 percent. A unit count of 200 is considered by
the Applicant to be the minimum number of units required to support an economically feasible
development. By reducing golf to nine holes and by significantly reducing the number of residential
units, Alternative 3 would compress the developed zone, avoid all high quality wetlands, and reduce
low quality wetland impacts to 84.3 acres.
3.2.4 Alternative 4. Alternative 4 was developed in response to a pre-application
consultation with State and Federal resource agencies in which agency input was requested on
Alternatives 1, 2, and 3. Input and suggestions from the agencies led to a number of refinements
which were incorporated into Alternative 4 (Figure 3-4). The primary land plan modification change
from Alternative 3 would be the relocation of roadways, golf holes, and residential units from the
southern-most project area. The net effect on total acres of wetland impact decreases slightly to 83.5
acres. However, a significant improvement is achieved in the configuration and functioning of the
undisturbed habitat and more extensive wildlife corridors by the removal of development activities from
the southern portion of the tract.
Other plan modifications were made in response to concerns over the potential for
secondary wetland and habitat impacts. Responses in Alternative 4 include refinement of water quality
pond locations to better facilitate adjacent wetland hydrology, reduction of residential unit depths on
some interior lots to reduce the potential for direct wetland impact, incorporating upland buffers
adjacent to high quality wetland areas, and the elimination of selected interior lots to broaden and
consolidate remaining wildlife habitat corridors (Figure 3-5).
Alternative 4 would maintain the nine-hole golf course, support 200 residential units,
and provide for the retirement center. All areas of high quality wetlands, as well as 152.5 acres of
lower quality wetland and upland habitat are preserved (146.4 acres of wetland and 6.1 acres of
upland.) The preservation area is shown in Figure 5-1.

1
I77
u

3.2.5 No Action Alternative (Alternative 5). Alternative 5 was developed as the "no
action" or "no permit required" alternative. Golf course fairways are of such regimented size and
configuration that neither an 18-hole or nine-hole golf course is feasible without wetland impacts.
Therefore, no golf course improvements are included in this alternative. Collector roads, residential
units, and the retirement center were planned using the available upland sites to produce Alternative
5 (Figure 3-6).
Alternative 5 would not be economically feasible for Landfall Associates primarily due
to the lack of additional golf holes and the lack of golf-related residential units. This alternative would
only provide for 108 residential units (of which 105 are interior units) and the retirement center. Total
3-4
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i TRACT SIZE 415 ACRES
:t '6 k ? , •, ' . ??iY LAW OUAUN YERANDS
bOLi LOTS
INTERIOR LOTS IN LOTS
42 LOTS
NIDN aAUrv WETLANDS
TOTAL LOTS 210 TATS t
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-LOW Jc<
WETL?S WACT 04.3 ACRES 77EE?? ?7LW
LOTSCAND ONAYS Y IR51DEN11AL
HIGH Qt)ALJTY
WETLANDS WACT 0 ACRES
un?ACq s BY GOLF
TOTAL WETLANDS WACT 04,3 ACRES
NON-IMPACTED WETLANDS 1524 ACRES
S LANDFALL
WILMINGTON,
.cam INDFA A CI
,ermruL A?OcuTes
PLT
7OF9
DAM
ALTERNATNE 3 My
1990
ENVIRONMENTAL CONSULTANTS LANDSCAPE ARCHITECTURE/PLANNING room
CZR INCORPORATED PATON/ZUCCHINO & ASSOCIATES, P.A. 3 - 3
WILMINGTON, N.C. RALEIGH, N.C.
3-5
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zy OOLP L0T3 174 LOTS
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1nTAL1OTS
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• % ` ,r' WETLANDS WACT 83.5 ACRES
WAGM K ANDS BY RESM71AL
.?,•y ? HM QUALITY LOTS AND ROADWAYS
WETLANDS WFACT 0 ACRES ?c BY COLE
TOTAL WETLANDS WFACT 63.5 ACRES
NON-WPACTED WETLANDS 153,2 ACRESy
r-n PLT
f! OF 9
DATE
ALTERNATIVE 4
LANDFALL M6 11I1AlIN6TON. N.C. ENVIRONMENTAL CONSULTANTS LANDSCAPE ARCHITECTURE PLANNING "O'm
q?
`?"'?" LANDrAM ASSOCIATES CZR INCORPORATED PATON/ZUCCHINO & ASSOCIATES, P.A. 3-4
WILMINGTON, N.C. RALEIGH, N.C.
3-6

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PLAT
4 OF 9
DATE
® WLDUFE CORRIDORS JULY
LANDFALL 1996
VILUNGTON, N.C. ENVIRONMENTAL CONSULTANTS LANDSCAPE ARCHITECTURE/PLANNING Foum
LANDFALL ASSOCUM CZR INCORPORATED PATON/ZUCCHINO & ASSOCIATES, P.A. 3-5
WILMINGTON, N.C. RALEIGH, N.C.
3-7
1
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TRACT SIZE 413' ACRES UPLA409
4?mi s GOLF LOTS 3 LA15 k"6?' ?av aunun rciwios
INTERIOR LOTS 105 LOTS
TOTAL LOTS 106 LOTS Nw awn wcnuns
0W QtJALITY
~~4' 6K..wNww?? , •/WETLANDS IMPACT 0 ACRES oar can?¢ aioaoars
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TOTAL WETLANDS IMPACT 0 ACRES ® COU moco?eeoa° RS eY car
NON-IMPACTED WETLANDS 236.7 ACRES
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® NO ACTION ALTERNATNE - - ALTERNATNE 5 AMY
LANDFALL
?D,YINGTON, N.C. ENVIRONMENTAL CONSULTANTS LANDSCAPE ARCHITECTURE/PLANNING
3ANDrAU ASSOCIATM CZR INCORPORATED PATON/ZUCCHINO & ASSOCIATES, P.A. 3-6
WILMINGTON, N.C. RALEIGH, N.C.
3-8

developed area within the project area would be 108.6 acres. All wetland impacts would be avoided
under this alternative.
3.3 Comparison of Alternatives. Five alternatives, 1 through 5, have been developed in
response to the Applicant's need for the completion of the original master development plan for the
Landfall Community. The original plan (Alternative 1) provided for a golf program of 18 holes.
Alternative 2 avoided and minimized the potential for wetlands impacts by reducing the golf program
to nine holes, while increasing the residential units available on the nine holes to the maximum extent
possible. Alternatives 3 and 4 were developed to maximize the potential for avoiding and minimizing
wetland impacts through the creative application of land planning techniques while still maintaining
economic feasibility. Alternative 4, with the reconfiguration of the golf and residential units and the
application of planning and engineering techniques to reduce the potential for secondary wetland habitat
impacts, has produced the Applicant's preferred plan.
In reaching the selection of Alternative 4, Landfall Associates and its consultants evaluated each
alternative by addressing the relative merits of each development program using normal development
planning criteria for each program item. Conventional planning and development practices were
evaluated and reviewed for flexibility and creative responses to meet the overall objective of economic
feasibility and environmental quality.
Each alternative has been evaluated for development potential and feasibility under current
market conditions and Landfall Associates overall purpose and need. The environmental and
socioeconomic consequences of each alternative also have been quantified. A summary of projected
impacts is provided in Table 3-1 . Tables 3-2 and 3-3 compare acreage impacts of plant communities
' and wetlands, respectively, by alternatives. Tables 3-4 through 3-7 compare socioeconomic impacts
of the various alternatives.

u
1
11
None of the development alternatives will result in significant impacts to topography and
physiography, water resources, air quality, CAMA jurisdictional areas, endangered and threatened
species, or cultural resources. Since nearly the entire project area is comprised of an unmaintained
naturally vegetated area, it is assumed that all development under each of the alternatives will impact
soils, plant communities, wildlife habitat, and land use. Furthermore, it is assumed that impacts to
these four parameters under each alternative differ only in quantity and not in quality or intensity.
Therefore, impacts to soils, plant communities, wildlife habitat, and land use under each of the
alternatives vary only with the size of the development zone. Alternatives 1 and 2 would produce the
greatest impacts to soils, plant communities, wildlife habitat, and land use at 90 percent (374 acres)
and 81 percent (336 acres) of the 415-acre project area, respectively. Alternatives 3 and 4 would
result in reduced impacts of 58 percent (239 acres) and 57 percent (237 acres) of the project area,
respectively; and the No Action Alternative (Alternative 5) would result in the smallest impact to soils,
plant communities, wildlife habitat, and land use at 26 percent (109 acres) of the project area. Since
wetlands are unevenly distributed across the project area, jurisdictional wetland impacts under each of
the alternatives vary with both size and location of the development zone. Jurisdictional wetland
impacts would be the greatest under Alternatives 1 and 2 with wetland impacts of 46 percent 0 91.7
acres) and 37 percent (154.5 acres) of the project area, respectively. Alternatives 3 and 4 would result
in reduced wetland impacts of 20 percent (84.3 acres and 83.5 acres) of the project area. The No
Action Alternative would produce no wetland impacts, but is not practicable and would not fulfill the
Applicant's purpose and need.
Alternatives 1 and 2 would provide the greatest positive socioeconomic impacts (Tables 3-4
through 3-7), both for the local economy and Landfall Associates. Alternatives 3 and 4 would provide
somewhat less of a positive impact for the local economy and Landfall Associates. Alternative 5
provides the least positive economic impact for the local economy and for Landfall Associates; it is
3-9

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3-12
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Table 3-3. Summary of potential impacts (in acres) to Section 404 jurisdictional areas by alternative
Jurisdictional area by
plant community type

1

2 Alternative

3

4

No Action
Pine flatwoods 143.9 126.6 74.2 75.5 0.0
Pond pine woodland 5.9 6.0 5.9 5.1 0.0
Nonriverine wet hardwood forest 11.9 0.0 0.0 0.0 0.0
Bay forest 5.3 0.0 0.0 0.0 0.0
Coastal plain small stream swamp 0.0 0.0 0.0 0.0 0.0
Mixed pine/hardwood forest 21.8 18.0 0.6 0.2 0.0
Coastal fringe evergreen forest 0.0 0.0 0.0 0.0 0.0
Disturbed herbaceous assemblage 2.9 3.9 3.6 2.7 0.0
Man-dominated area 0.0 0.0 0.0 0.0 0.0
Open water 0.0 0.0 0.0 0.0 0.0

TOTAL 191.7 154.5 84.3 83.5) 0.0
3-13
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Table 3-4. Population impacts by alternative.
Alternative
1 2 3 4 No Action
Single-family 290 310 210 200 108
housing units
Projected population' 783 837 567 540 292
Retirement units 480 480 480 480 480
Projected populationb 720 720 720 720 720
TOTAL PROJECTED
POPULATION 1,503 1,557 1,287 1,260 1,012
' The projected population for single-family housing units is based on 1990 US Census data for zip
code 28405. The 1990 US Census data indicates that there are an average of 2.7 persons per
occupied dwelling unit in the 28405 area. Landfall is part of the 28405 area.
b We have estimated that an average of 1.5 persons occupies a typical retirement facility dwelling.
3-14

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3-15

Table 3-6. Projected taxes and fees (in $1,000's) for the development alternatives.

1 Alternative
2 3
4
No Action
TAXES AND FEES FOR DEVELOPMENT AND HOUSING CONSTRUCTION
Federal taxes
Personal incomes 2,965 3,169 2,145 2,043 1,102
Corporate incomeb 7,256 7,341 5,339 5,200 2,395
Social Security° 2,290 2,447 1,657 1,578 851
State/local taxes
General salesd 2,731 2,763 2,010 1,957 901
Personal income' 1,140 1,219 825 786 424
Corporate/businessf 1,777 1,798 1,308 1,274 586
Property transferg 21 31 23 23 8
Building permit feesh 1,177 1,240 858 822 412
TOTAL TAXES AND FEES 19,357 20,008 14,165 13,683 6,679
ANNUAL TAXES'
Local real estate 1,874 1,887 1,373 1,338 611
Maintenance employees
Federal personal income 241 92 92 92 20
Social Security 186 71 71 71 16
State personal income 93 35 35 35 8
TOTAL ANNUAL TAXES 2,394 2,085 1,571 1,536 655
° Federal personal income tax rate is based on 1995 data (16.9%)
b Federal corporate tax rate is based on NAHB 1992 national data (Dublin 1994). Assumes 15% taxable profit on construction
plus development costs and a 34% tax rate.
Social security tax rate is based on 1996 data (13.05%).
d Based on an NC sales tax of 6%. Based on NAHB data (Dublin 1994), assumes 32% of development and housing construction
costs are subject to sales taxes.
° Based on 1995 NC personal income tax rate of 6.5%.
f NC corporate tax rate is based on NAHB 1992 national data (Dublin 1994). Assumes 15% taxable profit on construction plus
development costs and a tax rate of 8.33%
Based on current transfer rate of $2.00 per $1,000 sales value. Transfer taxes are assessed each time a parcel of land
changes ownership and are collected at the time the deed is recorded. The fees listed here are for lots only.
h Building permit fees and impact fees are collected at the time a building permit is obtained. Current fees are estimated to be
$4,157 per golf course lot and $3,805 per interior lot.
Taxes listed in this section of Figure 3 will continue to be assessed after development and housing construction are completed.
3-16

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3-17
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1 unacceptable to Landfall Associates since it 1) does not fulfill their purpose and need, 2) does not
provide a reasonable return on the initial investment, and 3) is therefore not a practicable alternative.
Although Alternatives 1 through 4 have positive socioeconomic impacts on the Wilmington
economy and are financially beneficial to Landfall Associates, it is Landfall Associates' opinion that
Alternative 4 provides the best balance between socioeconomic impacts, the economic needs of the
landfall Associates, and environmental impacts. Without stating an opinion regarding Alternatives 1
through 3, Landfall Associates believes that Alternative 4 will have no significant adverse impact on
the quality of the human environment. In fact, Landfall Associates believes that completion of
Alternative 4 will significantly improve the quality of the human environment within the Landfall
Community without any significant adverse environmental effects. These opinions are based on the
potential costs and risks to develop each alternative and on the impacts to the Landfall Community and
the Wilmington economy.

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4.0 AFFECTED ENVIRONMENT
4.1 Topography and Physiography. New Hanover County is located in the Atlantic Coastal
Plain physiographic province. The project area is located in the eastern part of the County on an
interstream terrace bounded by the Atlantic Intracoastal Waterway to the east, Howe Creek to the
north, and Bradley Creek to the south.
The majority of the project area consists of nearly level interstream flats ranging in elevation
from 24 to 28 feet above mean sea level (MSL). The land slopes down to an elevation of 17 feet MSL
in the bottom of a Howe Creek drain to the west, and an elevation of 6 feet MSL in upper Howe Creek
to the northwest. A sand ridge runs through the middle of the project area along a generally southeast-
northwest axis. Most of this sand ridge ranges from 30 to 34 feet MSL, with elevations rising to
heights of 44 to 61 feet MSL in a man-made soil storage area.
4.2 Soils. The 415-acre project area occurs within one major soil association, the Murville-
Seagate-Leon association. This association characteristically consists of very poorly drained to
somewhat poorly drained soils located in flat or slightly depressional areas associated with interstream
terraces. These soils typically have a fine sand or sand surface layer and a fine sand, sandy loam, or
clay loam subsoil (U.S. Department of Agriculture, Soil Conservation Service 1977).
Eleven soil series are mapped for the project area. Table 4-1 presents the soils of the project
area. Of the eleven soil series, six are classified as hydric and account for approximately 85 percent
of the soils within the project area. The more extensive soils of the project area are Torhunta loamy
fine sand, Leon sand, and Murville fine sand. Collectively, these three soil series comprise
approximately 70.5 percent of the project area.
4.3 Water Resources

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4.3.1 Surface Hydrology and Water Quality. The project area is located along the
southern boundary of the Howe Creek watershed. Much of the area is poorly drained. Two
intermittent drainages flow in a westerly direction into the upper headwaters of Howe Creek. One
drainage in the southwestern part of the project area is a poorly defined intermittent drainage vegetated
by nonriverine wet hardwood forest. Draining a surrounding area of pine flatwoods, nonriverine wet
hardwood forest, and mixed pine/hardwood forest, this drainage becomes channelized and flows under
Old McCumber Station Road to the Trask property on the west along Old Military Cutoff. The other
intermittent drainage occurs along the northern boundary of the project area adjacent to Trask property
south of Arboretum Drive. Draining a surrounding area dominated by pine flatwoods and coastal fringe
evergreen forest, this drainage flows into the coastal plain small stream swamp system along the upper
reaches of Howe Creek along the northwest corner of the project area.
In addition to the intermittent stream drainages, there are a man-made pond (along the
northern side of South Moorings Drive) and a number of vernal pools (associated primarily with the
nonriverine wet hardwood forest and bay forest plant communities) in the project area. Drainage
ditches occur along the roads, and interior ditches drain some areas along Deer Island Drive and South
Moorings Drive. An interior ditch system (over 1,000 yards of major ditch) in the pine flatwoods just
off the Dye Golf Course is not connected to an outlet and provides a permanent year-round water
source for wildlife.
There are no water quality data available for the 415-acre project area. However, an
ongoing study by the Center for Marine Science Research at the University of North Carolina at
Wilmington (UNCW) was begun on New Hanover County tidal creeks in 1993. This water quality study
is funded by New Hanover County, the Northeast New Hanover Conservancy, and UNCW, and includes
4-1
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Table 4-1. Soils mapped within the 415-acre project area.'

Series
Subgroup
Hydric Approximate percentage of
project area
Johnston soil Cumulic humaquepts Yes 2.3
Lakeland sand Typic quartzipsamments No 2.8
Leon sand Aeric haplaquods Yes 25.0
Lynchburg fine sandy loam Aeric paleaquults No 0.2
Lynn Haven fine sand Typic haplaquods Yes 4.8
Murville fine sand Typic haplaquods Yes 16.6
Norfolk fine sandy loam Typic paleudults No 2.1
Onslow loamy fine sand Spodic paleudults No 6.4
Pantego loam Umbric paleaquults Yes 7.2
Seagate fine sand Typic haplohumods No 3.7
Torhunta loamy fine sand Typic humaquepts Yes 28.9
100.0
'Source: U.S. Department of Agriculture, Soil Conservation Service. 1977. Soil survey of New
Hanover County, North Carolina.
4-2

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Howe Creek downstream from the project area. Two reports Wallin et al. 1994, Mallin et al. 1995)
have been submitted thus far. Mallin et al. (1995) states:
"The goals included investigating the environmental health of local tidal creeks,
assessing sources and mechanisms of water pollution (particularly pollution leading to
shellfishing closures), and using this knowledge to help mitigate present and future
pollution. In Year 1 (1993-94), Howe and Hewletts Creeks were targeted for intense
study, with lesser programs conducted on Pages and Bradley Creeks (Mallin et al.
1994). In Year 2 the program concentrated on the water quality of Futch and Pages
Creeks, with lesser programs continuing on Howe, Hewletts and Bradley Creeks."
Both reports contain information on water quality (physical/chemical parameters, nutrients, and
chlorophyll a), heavy metals, bacteriology, and benthic macrofauna. The 1993-1994 report (Mallin et
al. 1994) also contains information on pesticides and a stormwater retention pond study. The 1994-
1995 study (Mallin et al. 1995) also contains tidal cycle studies and a nutrient loading study.
4.3.2 Groundwater and Water Quality. The coastal area contains the surficial and the
underlying limestone aquifer. Well depths in the coastal region are limited by brackish water. The
limestone aquifer is the principal source of water supply in the coastal area where users are not
connected to the Wilmington municipal water system. In areas where the limestone aquifer contains
brackish water, the surficial aquifer is the only source of groundwater. The limestone aquifer has good
recharge characteristics and groundwater use is not known to be exceeding the available recharge
(NCDNRCD and U.S. Water Resources Council 1984).
Water quality in the surficial and limestone aquifers varies. The natural quality of the
surficial aquifer is extremely variable, but is generally considered fair to good. Water from the surficial
aquifer is generally characterized by the presence of carbon dioxide and sodium, resulting in an acidic,
soft, and slightly corrosive water quality. The iron content can range from none to high. Treatment
may be needed to remove iron concentrations and acidity in some wells. Water quality in the limestone
aquifer is generally good and is characterized by the presence of calcium bicarbonate, resulting in a
typically hard quality of water, with a basic pH. Iron and hydrogen sulfide occur in many locations
(NCDNRCD and U.S. Water Resources Council 1984; New Hanover County Planning Department 1991).
The County's groundwater system is still relatively free of pollution, but incidents of contamination have
been noted.
Currently, there are no groundwater wells located within the project area. Water is
supplied to the remaining Landfall Community by the City of Wilmington. Shallow groundwater wells
are maintained by some Landfall Community residents for irrigation of personal property.
4.4 Air Quality. Air quality is evaluated by comparing ambient air quality measurements to
standards developed by the Environmental Protection Agency (EPA), Ambient air is defined by the EPA
as "that portion of the atmosphere, external to buildings, to which the general public has access"
(NCDEHNR 1991). National and North Carolina ambient air quality standards are summarized in Table
4-2.
No air quality monitoring stations exist within the project area. Total suspended particulate
(TSP) and particulate matter -10 micrometer (PMio) are measured within New Hanover County
approximately 5 miles west of the project. Particulate matter is monitored every 6 days for 24 hours.
An ozone (03) monitor is located in Castle Hayne approximately 10 miles north northeast of the project
area. There are no data for 1995 from the ozone monitor because it is run only during even-numbered
years. Sulphur dioxide (SO2) is monitored continuously in the City of Wilmington at a site
approximately 8 miles west of the project area. There are no carbon monoxide (CO) nor nitrogen

4-3
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dioxide (N02) sampling stations in eastern North Carolina. Table 4-3 summarizes the available air
quality data. The TSP, PM-10, and S02 annual means are below both the national and the state
standards.
The air quality is excellent at this project location due to its proximity to the ocean and distance
from industrial sources of pollutants.
4.5 Plant Communities. Plant communities are distinct assemblages of plants occurring
within a given area and are influenced by disturbance, soils, topography, hydrology, and other
environmental factors. Although much of the project area has been heavily disturbed by historical
burning and mechanical clearing and modifications to the hydrological regime, most areas can still be
classified as one of the natural communities described by Schafale and Weakley (1990). The seven
natural communities existing within the project area include pine flatwoods, pond pine woodland,
nonriverine wet hardwood forest, bay forest, coastal plain small stream swamp, mixed pine/hardwood
forest, and coastal fringe evergreen forest (Figure 4-1 and Table 4-4). Communities which are
maintained by human disturbance include disturbed herbaceous assemblage and man-dominated areas.
In addition, bodies of water are designated as open water.
Communities were identified and delineated through a combination of site visits and
interpretation of aerial photographs. Communities were mapped on a mylar overlay of a 1 " = 600' scale
aerial photogi aph provided by Hanover Design Services of Wilmington, North Carolina (photo date
January 1994). As a result of succession or disturbance, some habitats represent intermediate or
ecotonal stages and have been included with the distinct plant community they most resemble. The
following community descriptions are based on information gathered during site visits.
4.5.1 Pine Flatwoods. The pine flatwoods community occurs on flat sandy coastal
' plain soils and is characterized by an open canopy of pines with a dense low shrub stratum and a
sparse to moderately dense herbaceous layer. Both the mesic pine flatwoods and wet pine flatwoods
communities as described by Schafale and Weakley (1990) occur within the project area. Mechanical
clearing within the flatwoods community created ruts and depressions which are dominated by
herbaceous species. In addition, this clearing activity removed the understory from some areas of this
community, resulting in sites that resemble low-shrub dominated savannas. However, uncleared
sections may contain a well developed shrub stratum. Hardwoods may invade the canopy of this
' community in the absence of fire and mechanical clearing. These flatwoods are usually one of the
fastest communities to lose their distinctive character in the absence of fire.
' The mesic pine flatwoods community occurs on fine-textured soils with moderate
drainage and is characterized by an open canopy of longleaf pine (Pinus palustris) and/or loblolly pine
(Pinus taeda). The shrub layer is diverse and contains inkberry (flex g/abra), fetterbush (Lyonia lucida),
swamp red bay (Persea palustris), wax myrtle (Myrica cerifera), sweet pepperbush (Clethra a/nifolia),
lambkill (Kalmia carolina), and titi (Cyril/a racemif/ora). Saplings of white oak (Quercus a/ba) and
southern red oak (Q. falcata) may also occur. Creeping blueberry (Vaccinium crassifolium) forms dense
mats in some open areas and the moderately dense herbaceous layer is dominated by wire grass
(Aristida stricta) and bracken fern (Pteridium aquilinum). The mesic pine flatwoods community
represents the dryer of the two pine flatwoods communities.
' The wet pine flatwoods community occurs on more poorly drained soils and is
characterized by an open canopy of pond pine (Pinus serotina) and loblolly pine. The shrub layer is less
diverse and is usually heavily dominated by fetterbush and inkberry. Additional shrubs which occur in
the mesic pine flatwoods may also be present but are of lesser importance. The very sparse
1 herbaceous layer contains cinnamon fern (Osmunda cinnamomea), Virginia chain fern (Woodwardia
virginica), and bushy broomsedge (Andropogon glomeratus).
1 4-5
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Table 4-3. Summary of 1995 ambient air quality data from New Hanover County, North Carolina.
Sulpher dioxide (SO2) Total suspended Particualte matter - 10
Location annual arithmetic mean particulate (TSP) annual micrometers (PM-10)
geometric mean annual arithmetic mean
Wilmington 23 Ng/m3 27 ,ug/m3 18? /ig/m3
Source: NCDEM Air Quality Section
? indicates that the mean does not satisfy EPA summary criteria for minimum number of observations.
4-6
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LEGEND
,.•' • ••••••••••••• PROJECT BOUNDARY
_ PLANT COMMUNITY BOUNDARY
A f?
-DHA ACRES
-MD PF PF 251.6 PINE FLATWOODS
PPW 11.0 POND PINE WOODLAND
BF 6.8 BAY FOREST
WHF 19.4 NON-RIVERINE WET HARDWOOD FOREST
•'?n/?' ?? /? SSS 4.8 COASTAL PLAIN SMALL STREAM SWAMP
CFE 26.0 COASTAL FRINGE EVERGREEN FOREST
L ( IN ?' ,i'Cj G ` c MPH 24.4 MIXED PINE/HARDWOOD FOREST
DHA 56.3 DISTURBED HERBACEOUS ASSEMBLAGE
11 . 3, MD 14.0 MAN-DOMINATED AREA
?j? bl ??? OW 0.7 OPEN WATER
TOTAL 415.0 ACRES TOTAL PROJECT ACREAGE
Vot
PLAT
3 OF 9
PLANT COMMUNITIES MAP DATE`
® JULY
LANDFALL
1vnaBAGTON. N.C. ENVIRONMEN1'AI. CONSULTANTS LANDSCAPE ARCHITECTURE/PLANNING FIGURE:
4ANUPAI,1. ASSOCIATES (:%R INCORPORATED PATON/ZUCCHINO & ASSOCIATES, P.A. 4-1
11'ILDIINGTON, N.C. RALEIGH, N.C.
4-7

Table 4-4. Plant communities within the 415-acre project area.
' Plant community type Acres
Pine flatwoods 251.6
Pond pine woodland 11.0
Nonriverine wet hardwood forest 19.4
Bay forest 6.8
Coastal plain small stream swamp 4.8
Mixed pine/hardwood forest 24.4
Coastal fringe evergreen forest 26.0
Disturbed herbaceous assemblage 56.3
Man-dominated areas 14.0
' Open water (ponds) 0.7
Total 415.0
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Historical mechanical clearing in the pine flatwoods has created a series of water-filled
ruts and depressions which are dominated by wetland herbaceous species which include sedges (Carex
spp.), rushes (Juncus spp.), umbrella sedges (Cypersus spp.), beakrushes (Rhynchospora spp.), yellow-
eyed grass (Xyris ambigua), ten-angled pipewort (Eriocaulon decangu/are), and umbrella grass (Fuirena
squarrosa). These areas are not a natural component of the pine flatwoods community, but are too
small and irregularly scattered to be mapped as a separate community.
4.5.2 Pond Pine Woodland. The pond pine woodland community occurs on poorly
drained soils, and a shallow histic layer may overlay the soils. This plant community is characterized
by a closed to open canopy of pond pine with lesser amounts of red maple (Acer rubrum) and swamp
tupelo (Nyssa bif/ora). Loblolly pine and sweetgum (Liquidambar styraciflua) may also sporadically
occur. The shrub stratum is dense and well developed, with tall shrubs (averaging 5 meters)
dominating raiher than low shrubs (less than 1 meter) characteristic of pine flatwoods. The tall dense
shrub stratum is comprised of fetterbush, inkberry, swamp red bay, sweet bay (Magnolia virginiana),
and cane (Arundinaria gigantea). The very sparse herbaceous layer consists of an occasional cinnamon
fern or Virginia chain fern. Vines may be present and include greenbriers (Smilax spp.).
4.5.3 Nonriverine Wet Hardwood Forest. The nonriverine wet hardwood forest
community occurs in shallow swales on very poorly drained soils. This community is similar in species
composition to the small stream swamp community, but differs in its nonriverine water source. The
closed canopy is comprised of swamp tupelo, laurel oak (Quercus laurifolia), water oak (Quercus nigra),
red maple, and sweetgum. The shrub stratum is fairly open and contains swamp red bay, titi, and
sweet bay. The very sparse herbaceous layer contains netted chain fern (Woodwardia areolata),
various canopy seedlings, sphagnum moss (Sphagnum sp.), and southern waxy sedge (Carex
glaucesens).
4.5.4 Bay Forest. The bay forest community occurs in wet depressions and is
characterized by a closed to open canopy of loblolly bay (Gordonia lasianthus) with swamp tupelo, red
maple, swamp red bay, and sweet bay. The very dense shrub stratum is heavily dominated by
fetterbush with lesser amounts of swamp red bay, wax myrtle, inkberry, and sweet pepperbush.
Netted chain fern can be found in the herbaceous layer where the shrub stratum is more open.
4.5.5 Coastal Plain Small Stream Swamp. The coastal plain small stream swamp
community occurs on alluvial soils along Howe Creek and its tributaries. Within the project area, these
drains are subject to seasonal flow. This community, as mapped, includes transitional areas that are
nonjurisdictional wetlands. The closed canopy is comprised of swamp tupelo, red maple, laurel oak,
sweetgum, and bald cypress (Taxodium distichum). A well developed sub-canopy of ironwood
(Carpinus caroliniana) is also present. The sparse shrub stratum contains swamp red bay, wax myrtle,
and cane. Woody vines include climbing hydrangea (Decumaria barbara) and laurel-leaf greenbrier
(Smilax /aurifolia). The herbaceous layer is sparse to moderately dense and is dominated by lizard's tail
(Saururus cernuus), netted chain fern, and sedges (Carex spp.).
4.5.6 Mixed Pine/Hardwood Forest. The mixed pine/hardwood forest community
occurs in transitional areas between pine flatwoods and nonriverine wet hardwood forests or small
stream swamps. The transition from pine-dominated areas to hardwood dominated areas is often
gradual, resulting in substantial areas more or less codominant in pines and hardwoods. The closed
to open canopy is populated by various combinations of loblolly pine, pond pine, red maple, swamp
tupelo, sweetgum, and tulip tree (Liriodendron tulipifera). The presence of the early successional
species of hardwood (such as sweetgum and tulip tree) with pines is often indicative of disturbance,
but can also be a result of the waning influence of fire as an environmental factor. The moderate to
dense shrub stratum is dominated by various combinations of swamp red bay, inkberry, fetterbush, wax
myrtle, flowering dogwood (Corpus florida), and sweet pepperbush. Herbaceous species are sparse
4-9

and include cinnamon fern, Virginia chain fern, and sedges. Common vines found in this forest are saw
greenbrier (Smilax bona-nox), grape (Vitis spp.), and Virginia creeper (Parthenocissus quinquefolia).
i 4.5.7 Coastal Fringe Evergreen Forest. The coastal fringe evergreen forest community
occurs on well drained, therefore drier, sandy soils of upland areas within the project area. The closed
canopy is dominated by sand laurel oak (Quercus hemisphaerica) with lesser amounts of loblolly pine,
live oak (Quercus virginiana), turkey oak (Quercus laevis), and southern red oak. Typical shrubs include
red bay (Persea borbonia), sassafras (Sassafras albidum), yaupon (Hex vomitoria), wild olive (Osmanthus
americana), and wax myrtle. While many maritime species occur in this community, it differs from the
' distinct maritime evergreen forest found on barrier islands by having more diversity, older soils, more
susceptibility to fires, less susceptibility to storm damage, and is less subject to the effects of salt
aerosols.
' 4.5.8 Disturbed Herbaceous Assemblage. The disturbed herbaceous assemblage
occurs in areas where mowing maintains the vegetation at an early successional herbaceous stage.
Such areas include utility corridors, road shoulders, and areas around buildings. The dense herbaceous
layer is dominated by various weedy herbaceous species typical of disturbed areas. Typical herbs
include broomsedges (Andropogon spp.), panic grasses (Panicum spp.), thoroughworts (Eupatorium
spp.), goldenrods (Solidago spp.), and bushclovers (Lespedeza spp.). Scattered shrubs of less
frequently mowed areas may include wax myrtle, sweetgum, and red maple. Depressions and ruts
within these areas may contain hydrophytic species similar to those described for ruts and depressions
in the pine flatwoods community.
4.5.9 Man-dominated Areas. Man-dominated areas include paved roads, unpaved
roads, and paths. These areas are mostly devoid of vegetation.
4.5.10 Open Water (Ponds). Areas of open water within the project area include
naturally occurring small depression ponds and man-created ponds. Small depression ponds are natural
depressions which retain at least some standing water throughout most of the year. The edges of
these ponds typically are dominated by buttonbush (Cephalanthus occidentalis), swamp tupelo, and
black willow (Salix nigra). A single man-created pond resulting from excavation occurs off South
Moorings Drive. The edges are steep sided with little associated hydrophytic vegetation.
4.6 Wildlife
4.6.1 Terrestrial Habitat. As shown in Section 4.5 and Table 4-4, the 415-acre project
area is composed of a variety of plant communities with pine flatwoods being the dominant community
(251.6 acres and 60.6 percent). The majority of wildlife species in the project area are not restricted
to one habitat type and are known to range through a variety of upland and wetland communities. The
ecotones between plant communities, especially upland and wetland areas, provide complex habitats
that are used by many species for foraging, breeding, and refuge. The descriptions of characteristic
wildlife presented below are based on the on-site work and observations by Landfall Associates'
environmental consultant, CZR Incorporated.
Characteristic reptiles and amphibians of the project area vary with respect to plant
communities. Natural ponds and temporary rain-filled depressions throughout the project area may
' provide breeding habitats for some amphibians. Amphibians of the area include the southern leopard
frog (Rana sphenocephala), spring peeper (Hyla crucifer), green frog (Hyla clamitans), squirrel tree frog
(Hyla squirella), Fowler's toad (Bufo woodhousei), southern toad (Bufo terrestris), and marbled
salamander (Ambystoma opacum). Many species of reptiles are found near the ecotone of wetlands
and adjacent upland sandy areas. Reptiles of the area include the eastern box turtle (Terrapene
carolina), eastern mud turtle (Kinosternon subrubrum), Carolina anole (Anolis carolinensis), ground skink
4-10

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(Scincella /ateralis), six-lined racerunner (Cnemidophorus sexlineatus), black racer (Coluber constrictor),
eastern hognose snake (Heterodon platyrhinos), red-bellied water snake (Nerodia erythrogaster), and
cottonmouth (Agkistrodon piscivorus).
Characteristic birds of the project area include such wide ranging resident species as
the red-shouldered hawk (Buteo lineatus), red-bellied woodpecker (Melanerpes carolinus), crows
(Corvus spp.), brown-headed nuthatch (Sitta pusi//a), Carolina chickadee (Parus caro/inensis), tufted
titmouse (Parus bicolor), Carolina wren (Thryothorus ludovicianus), pine warbler (Dendroica pinus), and
northern cardinal (Cardinalis cardinalis). Neotropical migrants that breed in the area include the yellow-
billed cuckoo (Coccyzus americanus), prothonotary warbler (Protonotaria citrea), and white-eyed vireo
(Vireo griseus). Waterbirds are relatively limited because of the lack of open water in the project area.
A few great blue herons (Ardea herodias), green-backed herons (Butorides striatus), and wood ducks
(Aix sponsa) frequent the larger vernal pools and flooded ditches.
Characteristic mammals of the area include the white-tailed deer (Odocoileus
virginianus), Virginia opossum (Didelphis virginiana), gray fox (Urocyon cinereoargenteus), raccoon
(Procyon lotor), and gray squirrel (Sciurus carolinensis). Small mammals of the area include the cotton
mouse (Peromyscus gossypinus), golden mouse (Ochrotomys nuttalli), eastern harvest mouse
(Reithrodontomys humulis), southeastern shrew (Sorex longirostris), and least shrew (Cryptotis parva).
The former management of the area via controlled burns, and development adjacent to the project area
have promoted higher populations of some game species including the white-tailed deer and northern
bobwhite (Colinus virginianus). The fox squirrel (Sciurus niger) also occurs in the project area.
4.6.2 Aquatic Habitat. Very little aquatic, or open water, habitat exists in the study
area. The two drainages draining to Howe Creek to the west are intermittent. One small man-made
pond along South Moorings Drive and an unconnected ditch system in the pine flatwoods near the Dye
Golf Course have water year-round. These areas, plus the vernal pools scattered throughout the project
area, probably provide an important source of breeding habitat for amphibians of the area. The pools
are also relatively important to a variety of invertebrate species, and provide increased diversity to the
landscape.
4.7 Wetlands and Open Waters (Section 404 Jurisdictional Areas). Section 404
jurisdictional areas within the project area include wetlands, ponds, and intermittent drainages in the
project area. Wetlands are defined by the U.S. Army Corps of Engineers (USACE) (33 CFR 328.3) and
the U.S. Environmental Protection Agency (EPA) (40 CFR 230.3) as "those areas that are inundated
or saturated by surface or groundwater at a frequency and duration sufficient to support, and that
under normal circumstances do support, a prevalence of vegetation typically adapted for life in
saturated soil conditions." In accordance with this definition, wetlands must possess three essential
characteristics: predominantly hydrophytic vegetation, hydric soils, and wetland hydrology. Further
information on the necessary requirements needed for wetland confirmation can be found in the Corps
of Engineers Wetlands Delineation Manual (Environmental Laboratory 1987).
Section 404 of the Federal Water Pollution Control Act (1972), also referred to as the Clean
Water Act, authorizes the USACE to regulate the disposal of dredged and fill material into "waters of
the United States." Waters of the United States include both surface waters and wetlands. Regulation
by the USACE is in cooperation with the EPA. The USACE has the major responsibility for
implementation, permitting, and enforcement of the Clean Water Act.
Wetlands occur in eight communities within the project area: pine flatwoods, pond pine
woodland, nonriverine wet hardwood forest, bay forest, coastal plain small stream swamp, mixed
pine/hardwood forest, disturbed herbaceous assemblage, and in association with some open water
areas. Most Section 404 jurisdictional areas within the project area occur as forested wetlands on
4-11

interstream flats predominantly occupied by Torhunta loamy fine sand, Leon sand, and Murville fine
sand. Wetland community types and corresponding acreages within the project area are listed in Table
4-5. Descriptions of the wetland community types are found under plant communities in Section 4.5.
t The U.S. Fish and Wildlife Service (FWS) has developed a classification system for wetland
habitats based on vegetation, soils, and frequency of flooding. Using this classification system, FWS
1 is conducting a National Wetlands Inventory (NWI) of the United States. The NWI maps for the project
area depict the project area as occupied by primarily forested, broad-leaved evergreen and needle-leaved
evergreen vegetation. No estuarine wetland communities were identified from the project area.
NWI maps, topographic maps, soil maps, and on-site visits were used to evaluate the extent
of wetlands in the project area. Section 404 jurisdictional areas within the 415-acre project area are
depicted in Figure 4-2. Approximately 237 acres of the project area are jurisdictional and 178 acres
are non-jurisdictional. Wetlands of the project area were delineated, flagged, and surveyed during
1994. Data from 199 shallow ground water wells were used to delineate portions of the
upland/wetland boundary. The platted survey of these Section 404 jurisdictional areas was confirmed
and signed by the USACE on 24 February 1995. The supporting well data and 90 completed routine
on-site data forms (containing site specific vegetation, soil, and hydrology information) were submitted
to the USACE on 10 February 1995.

1
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t

I
Very little open water exists within the project area. Part of Howe Creek borders a portion of
the northern project area. No well defined streams occur in the project area. Most drainages within
the project area have intermittent flow, are seasonally saturated, and ultimately drain into Howe Creek.
The largest open water area is a man-created pond along South Moorings Drive. Small natural vernal
or temporary depressional ponds occur within other communities, but were too small to designate on
the biotic community map. Only a small portion of wetlands within the project area exist in a
completely natural state. Most disturbances have been the result of altering natural vegetation. Much
of the area was formerly managed for game species via controlled burns. Bushhogging activities during
the 1980s compacted soils in some areas creating a patchy pattern of ruts and depressions that often
retain surface water. In other areas, roadside ditches have drained a small portion of some wetlands.
Functional values associated with wetlands include flood control, improving water quality,
shoreline stabilization, groundwater recharge and discharge, aquatic food chain support, as well as
wildlife habitat. Aesthetic, recreational, educational, and economic values are also associated with
wetlands. The North Carolina Department of Environment, Health, and Natural Resources, Division of
Environmental Management (DEM), Water Quality Section has developed an approach for evaluating
wetland values using a Wet/and Rating System that places strong emphasis on protecting water quality.
DEM representatives (John Dorney and Cherri Smith) visited the Landfall Community on 27 July 1994
to calculate wetland values for sites representative of the wetland communities in the project area.
Scores (out of a possible 100) were calculated for the following communities: coastal plain small
stream swamp (64), pond pine woodland (27), small depression pond (29), and pine flatwoods (20).
The relatively low ratings obtained using the Wet/and Rating System are due primarily to the
isolated status of the wetland sites, as defined by the sites not receiving or contributing surface flow.
The coastal plain small stream swamp, bay forest, and nonriverine wet hardwood forest communities
were determined to be of higher quality compared to other wetland communities within the project area.
The coastal plain small stream swamp was the highest rated wetland. The bay forest and wet
hardwood forest are relatively undisturbed communities within the project area and represent
communities as identified by the North Carolina Natural Heritage Program as rare and/or threatened with
degradation.
4-12
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UPLANDS 178.3 ACRES
LOW QUALITY WETLANDS 205.7 ACRES
® HIGH QUALITY WETLANDS 31.0 ACRES
TOTAL PROJECT AREA 415.0 ACRES
PLAT
2 OF 9
SECTION 404 JURISDICTIONAL AREAS DATE:
JULY
to"
ENVIRONMENTAL CONSULTANTS LANUSCMT ARCHITECTURE/PLANNING FIGURE:
CZR INCORPORATED PATONI/ZUCCHINO & ASSOCIA'FES, P.A. 4- 2
IYILMINGTON. V.C. RALEIGH, N.C.
4-14
1

t 4.8 CAMA Jurisdictional Areas. The North Carolina Coastal Resources Commission, through
its staff, the Division of Coastal Management (DCM), issues Coastal Area Management Act (CAMA)
permits for development in Areas of Environmental Concern within the 20 coastal counties covered by
CAMA. The 415-acre project area is located in the upper headwaters of Howe Creek and contains no
CAMA jurisdictional areas. The DCM marked the upstream CAMA jurisdictional point on Howe Creek
in 1991; this surveyed and monumented point is just downstream from the bridge on Arboretum Drive
and is well outside the project area. The northwest corner of the project area along Howe Creek is over
0.25 mile upstream from the monumented CAMA line.
4.9 Endangered and Threatened Species. On 7 April 1994 (updated 10 July 1996), the U.S.
Fish and Wildlife Service (FWS) provided a list of protected species for New Hanover County (Table 4-
6). No records for any of the eight federally endangered and threatened species that should be
considered for projects in New Hanover County were found for the project area during a search of the
North Carolina National Heritage Program files on 26 July 1994 (updated 7 May 1996). Descriptions
of these species along with the likelihood of occurrence in the project area are provided below. No
federally listed species were observed during fieldwork.
Manatee: Endangered
In North Carolina, during the summer months when they may migrate as far north as coastal
Virginia, manatees may occur in warm waters of estuaries and river mouths. Suitable habitat does not
exist in the project area; therefore, this species is not expected to occur in the project area.
Red-cockaded woodpecker: Endangered
In North Carolina, the red-cockaded woodpecker is a very local, common to rare permanent
resident of open pine forests within the coastal plain to the eastern piedmont. It prefers open pine
savannas and nesting cavities in live pine trees. Suitable nesting habitat consists of open stands of
pines with a minimum age of 60 years. Dense hardwood forests or forests with a dense understory
are typically avoided by this species. Pine and pine-hardwood forests over 30 years old (10 inches or
larger in diameter) are considered suitable foraging habitat. Sufficient foraging can be provided in an
area of approximately 80 to 125 acres of optimum (pine forest) habitat.
The red-cockaded woodpecker is not known to occur within the project area. However,
' extensive mechanical clearing of the understory within the project area has resulted in the creation of
large areas of habitat that approximate the habitat requirements for this species. This species has a
limited distribution within New Hanover County, and is not expected to occur within the project area.
However, due to the presence of favorable habitat, a survey was conducted by CZR Incorporated during
I April and May 1996.
Piping plover: Threatened
Piping plovers nest in three main regions, the northern plains, areas around the Great Lakes, and
along the Atlantic coast from Newfoundland to North Carolina. Wintering birds are found primarily
1 along the Atlantic coast from North Carolina south, and along the Gulf of Mexico. This species is an
uncommon resident along the North Carolina coast and on mudflats near inlets. There is no suitable
nesting or foraging habitat (sandy beaches and mudflats) for this species within the project area;
therefore, it is not expected to occur within the project area.
1 4-15
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Table 4-6. Federal and state protected species for New Hanover County. Federal species of concern
listed by the U.S. Fish and Wildlife Service are also shown.

Scientific name
Common name Status*
Federal
State
Trichechus manatus Manatee E E
Myotis austroriparius Southeastern myotis FSC SC
Charadrius melodus Piping plover T T
Picoides borealis Red-cockaded woodpecker E E
Passerina ciris ciris Eastern painted bunting FSC SR
Acipenser brevirostrum Shortnose sturgeon E E
Alligator mississippiensis American alligator T(S/A) T
Chelonia mydas Green sea turtle T T
Caretta caretta Loggerhead sea turtle T T
Heterodon simus Southern hognose snake FSC SR
Pituophis melanoleucus melanoleucus Northern pine snake FSC SC
Ophisaurus mimicus Mimic glass lizard FSC SC
Thalictrum cooleyi* * Cooley's meadowrue E E
Amaranthus pumilus Seabeach amaranth T T
Rana capito capito Carolina gopher frog FSC SC
Procambarus plumimanus Croatan crayfish FSC SR
Tridopsis soelneri Cape Fear threetooth FSC T
Planorbella magnifica Magnificent rams-horn snail FSC E
Problema bulenta Rare skipper FSC SR
Trichostema sp.1 Dune bluecurls FSC C
Stylisma pickeringii var. pickeringii Pickering's dawnflower FSC E
Litsea aestivalis Pondspice FSC C
Amorpha georgiana var. confusa Savanna indigo-bush FSC T
Astragalus michauxii Sandhills milkvetch FSC C
Tofieldia glabra Carolina asphodel FSC C
Dionaea muscipula Venus flytrap FSC C
Carex chapmanii Chapman's sedge FSC
4-16

I Table 4-6. (concluded)

I
Status*
Scientific name Common name Federal State
Soiidago verna Spring-flowering goldenrod FSC E/PT
Hypericum adpressum * * Bog St. John's-wort FSC C
Pterogiossaspis ecristata** Spiked medusa FSC E
* E(Endangered), T(Threatened), T(S/A): Threatened due to Similarity of Appearance, PT(Proposed
Threatened), FSC(Federal Species of Concern): species which may or may not be listed in the
future (formerly C2 candidate species), SC(Special Concern), C(Candidate): species which are
very rare in North Carolina and are likely to merit listing as Endangered or Threatened, and
SR(Significantly Rare-NCNHP designation). Candidate species (C) are not currently protected
by federal or state laws but may be formally proposed or listed in the future.
* * Obscure record, the date and/or location of the species observation is uncertain.
* * * North Carolina plant watch list
C

1

4-17

Green sea turtle: Threatened
Loggerhead sea turtle: Threatened
1 The two sea turtles listed are marine species that occasionally enter brackish water rivers and
sounds. There is no suitable habitat for the two listed species within the project area, and none of
these species are expected to occur within the project area.
American alligator: Threatened due to similarity of appearance
The American alligator occurs from North Carolina southward to Corpus Christus, Texas; and
north in the Mississippi drainage to Arkansas and southeastern Oklahoma. This species inhabits fresh
to slightly brackish lakes, ponds, rivers, and marshes. It is listed as threatened to protect a similar
species, the saltwater American crocodile. Suitable habitat does not exist in the project area; therefore,
this species is not expected to occur in the project area.
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Shortnose sturgeon: Endangered
The shortnose sturgeon is an anadromous fish species, spending most of its life in bays and
sounds and entering freshwater rivers to spawn. There is no habitat within the project area suitable
for the shortnose sturgeon. This species is not expected to occur within the project area.
Cooley's meadowrue: Endangered
Cooley's meadowrue is a perennial herb that occurs in moist to wet bogs and savannahs. It
grows along fireplow lines, roadside ditches, woodland clearings, and powerline rights-of-way. The
plant needs some type of disturbance to maintain its open habitat. The only record of Cooley's
meadowrue for New Hanover County is an obscure record and may not have ever been valid (Personal
communication, 15 July 1996, Michael Schaf ale, Natural Heritage Program, North Carolina Department
of Environment, Health and Natural Resources, Division of Parks and Recreation, Raleigh, NC). Suitable
habitat does exist within the project area; however, due to its rarity, it is unlikely to occur.
Seabeach amaranth: Threatened
Seabeach amaranth is an annual plant that grows primarily along barrier island beaches. Typical
habitat includes upper beach and lower foredune zones, including overwash flats. There is no suitable
habitat for this species within the project area; therefore, this species is not expected to occur within
the project area.
4.9.1 Federal Species of Concern. The FWS also provided a list of "Federal Species
of Concern," which are not now listed or officially proposed for listing as endangered or threatened,
but are under status review (Table 4-6). These species are not subject to the provisions of the
Endangered Species Act or its provisions until they are formally proposed or listed as Endangered or
Threatened. Plants or animals with state designations of Endangered (E), Threatened (T), or Special
Concern (SC) are granted protection by the State Endangered Species Act (G.S. 113-331 to 113-337)
and the State of North Carolina Plant Protection and Conservation Act of 1979 (G.S. 196 106-202.19).
In addition to the federally-listed species previously discussed, ten additional species
are relevant from a state perspective. These species include two species of snails, one of which is
4-18

r listed as Endangered and the other as Threatened; four species of plants, two of which are listed as
Endangered, one as Endangered/Proposed Threatened, and the remaining one as Threatened; and four
species of Special Concern (a bat, snake, lizard, and frog) (Table 4-6). Of these ten species, none are
reported in the NCNHP data base as having been found in the project area. No state-listed species were
observed during fieldwork.
' 4.10 Cultural Resources. Cultural resources include both historic structures and
archaeological resources. A review of the files at the North Carolina Department of Cultural Resources
(NCDCR) has been performed to identify historic and architectural resources, in addition to prehistoric
or historic archaeological resources. This review was coordinated with the State Historic Preservation
Office and comments were made pursuant to Section 106 of the National Historic Preservation Act of
1966 and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106,
codified at 36 CFR Part 800.
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There are no structures of historical or architectural significance within the project area
(Personal communication, 26 February 1996, Elizabeth Dowd, Department of Cultural Resources, State
Historic Preservation Office, Division of Archives and History, Raleigh, NC). However, three prehistoric
archaeological sites do occur within the project area. Of the three sites, two have been recommended
as needing further test excavations. The vast majority of archaeological knowledge for the Landfall
Community property was recorded during a general Comprehensive Employment Training Act (CETA)
survey conducted in 1977 and 1978. Therefore, the NCDCR has recommended that all sites be
revisited, examined, and (if warranted) tested for significance. Heavily wooded areas, particularly
prevalent in the northern portion of the Landfall Community, were not examined during the CETA
survey and thus the NCDCR has stated that additional archaeological surveys are needed to locate and
examine previously unrecorded prehistoric and historic remains (Personal communication, 2 September
1994, David Brook, Deputy State Historic Preservation Officer, North Carolina Department of Cultural
Resources, Division of Archives and History, Raleigh, NC). Landfall Associates has contracted a firm
to provide the additional archaeological surveys requested by the NCDCR.
4.11 Land Use. Current land use within the project area is minimal and consists of a small
grounds maintenance storage facility. Nearly all of the project area is comprised of an unmaintained
vegetated natural area.
4.11.1 County Land Classification and Zoning. The majority of the project area falls
within the Resource Protection class designated within the 1993 Wilmington-New Hanover County Land
Use Plan Update. The small portion of land that falls within the 100-year floodplain of Howe Creek has
been placed within the Conservation class.
The project area is currently zoned residential by New Hanover County. The majority
of the surrounding area is also zoned residential. Areas adjacent to the southwestern portion of the
project area are zoned commercial with some office and institutional. Subdivision approval from the
New Hanover County Planning Department has been received by Landfall Associates for the project
area.
4.1 1.2 Infrastructure. The only roads within the project area are unimproved dirt roads.
The principal dirt roads within the project area include 1) Deer Island Lane, which provides access from
the north from Arboretum Drive; 2) the western extension of South Moorings Drive, which provides
access from the east from Arboretum Drive; 3) and Old McCumber Station Road, which provides access
from the northwest from Military Cutoff Road and from the south from Drysdale Drive. There are two
unimproved interior dirt roads which connect to Deer Island Lane, McCumber Road and South Moorings
Drive.
4-19
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The only buildings within the project area are temporary structures used as nursery and
maintenance facilities. Stockpiles of construction materials are temporarily stored near these structures.
1 A utility right-of-way maintained by Carolina Power and Light runs along the western edge of the
project area.
4.11.3 Recreation and Conservation. The project area currently has no recreational
usage. Recreational facilities located on adjacent portions of the Landfall Community include two 18-
hole golf courses, tennis courts, and a recreational field.
Three conservation areas within the Landfall Community, but outside the project area,
have been set aside. A 39.91-acre tract, platted in November 1987 (Map Book 27, page 54), is located
adjacent to the eastern edge of the project area and was set aside as dedicated open space. A 6-acre
tract along upper Howe Creek was set aside through a conservation easement granted to the Northeast
New Hanover Conservancy in 1992. An additional conservation easement of 12.32 acres at Horseshoe
Lake located east of the project area was granted to the Northeast New Hanover Conservancy in 1996.
Additional conservation areas are being proposed within the 415-acre project area.
4.12 Socioeconomic Considerations
4.12.1 Population. The 1990 U.S. Census Data for zip code 28405 list 26,722 persons
in 9,749 housing units or 2.7 persons per housing unit. No housing units are currently in the project
area.
4.12.2 Services and Utilities. The project area is located within the Landfall Community
and will be utilizing the same services and utilities. Water service is provided to the Landfall
Community by the City of Wilmington's municipal water plant. Waste water treatment is provided by
a connection to the New Hanover County sewer system. Solid waste disposal services are provided
by a private contractor.
1 Carolina Power and Light Company provides electrical services. BellSouth provides
telephone service to the area.
Police protection is provided by the New Hanover County Sheriff's Department. Fire
protection is provided by the Ogden and Seagate Volunteer Fire Departments. Schools currently serving
the area are Wrightsville Beach Elementary School, Noble Middle School, and Laney High School.
' 4.12.3 Economics. There are considerable economic benefits created by the residential
development and construction industry. These benefits are both short-term, as with jobs and purchases
related to site improvements and construction of homes; and long term, as with services provided to
new homeowners for many years after he or she purchases a new home. These benefits flow through
the community in the form of purchases of goods and services; salaries paid to workers; and taxes on
building construction, personal and corporate income, and real estate.
Economists generally agree that there is a ripple effect of construction spending through
the local economy. This effect is created for instance when a construction worker spends his salary
on the goods and services provided by local businesses and those businesses pay salaries, taxes, and
purchase replacement inventory. The NAHB has found that the "ripple effect" of construction spending
on the local economy is three times the cost of the construction.
The positive economic benefit of the Landfall Community since its beginning in 1984
has been significant to the New Hanover County area. However, the economic impact of the
undeveloped 415-acre project area in its present condition is minimal.
1 4-20

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4.12.3.1 State and Local Taxes. The 1995 real estate tax value of the
undeveloped 415-acre tract was $2,209,999. The tract is presently subject to New Hanover County's
property tax rate of $0.65/$100 valuation. However, the City of Wilmington has dictated an ordinance
annexing the tract and surrounding areas into the City. The combined City and County tax rate has not
been published but is estimated to be $1.30/$100 valuation based on 1995 property valuations. Based
on the assumptions described above, the combined annual tax assessment is estimated to be $28,951
for the undeveloped tract. There are no direct jobs created by the undeveloped tract. Therefore, there
are no state or federal income taxes or local and state sales taxes for goods and services produced by
the property. There will be no development and construction fees assessed against the undeveloped
tract.
4.12.3.2 Purchases of Goods and Services. There are no direct purchases of
goods and services relating to the undeveloped tract.
4.12.3.3 Income and Emoloyment. As noted in 4.12.3.1, no direct income and
employment is generated by the tract in an undeveloped condition.
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5.0 ENVIRONMENTAL CONSEQUENCES OF THE PROPOSED ACTION
5.1 Direct and Indirect Effects of the Proposed Project on the Natural Environment
5.1.1 Topography and Physiography. No substantial adverse effects are expected on
the topography or physiography for the proposed project. The proposed alternative will result in certain
amounts of topographic alteration due to grading and filling, especially in low-lying hydric areas; but
the overall degree of the alteration will be minor.
5.1.2 Soils. Potential impacts to area soils as a result of the proposed project will
include exposure and disturbance of the soil through vegetation removal and excavation, mixing of soil
horizons, possible development of hardpans or compacted layers, and an increased susceptibility to
erosion. The majority of these potential impacts will be short-term impacts, primarily occurring during
construction and the subsequent post-construction revegetation period. In an effort to minimize soil
erosion during construction, best management practices for construction techniques and sediment
control measures will be employed. Soil suitability will also be taken into consideration during the final
design phase of the chosen alternative. Soil limitations will be overcome through proper engineering
design.
5.1.3 Water Resources.
5.1.3.1 Groundwater. The County's groundwater system consists primarily
of a near-surface, unconfined aquifer and two deeper, confined aquifers. No impacts to the deeper
aquifers are anticipated as a result of the proposed project. The shallow aquifer system may be
disturbed by excavation within the construction limits of the project; however, these impacts should
be short-term.
5.1.3.2 Surface Hydrology and Water Quality. Impacts to surface hydrology
and water quality will include increased runoff from impervious surfaces, the potential for increased
nutrient and pesticide loading in nearby receiving waters, and the potential for short-term sedimentation
during construction. The potential for increased nutrient and pesticide loading will exist due to the
application of fertilizers and pesticides to lawns, ornamental gardens, and the golf course. Adverse
impacts to surface hydrology and water quality will be mitigated through the implementation of a
stormwater collection system that is designed to prevent the direct discharge of stormwater. All
stormwater will be routed via an underground pipe system to stormwater detention ponds. These
ponds will be designed to detain the first 1.5 inches of a precipitation event before allowing discharge
to the receiving waters. Water quality in the stormwater ponds will be monitored. The quality of runoff
water originating from the golf course will be controlled through the use of Integrated Pest
Management, slow release fertilizers, and water conservation and management. Best management
practices for construction techniques will be used to minimize short-term sedimentation during
construction. The Howe Creek studies described in Section 4.3.1 indicate that use of these best
management practices will prevent significant impacts to Howe Creek water quality (Mallin et al. 1994,
1995).
5.1.4 Air Quality. No adverse impacts to the air quality of the area are anticipated as
a result of the proposed project.
5.1.5 Plant Communities. Alternative 4 will impact the plant communities within the
development zone comprising 57 percent (or 237 acres) of the 415-acre project area. This
development zone consists of 139.8 acres of pine flatwoods, 47.7 acres of disturbed herbaceous
assemblage, 26.0 acres of coastal fringe evergreen forest, 14.0 acres of man-dominated area, 8.6 acres
of pond pine woodland, 0.5 acre of open water, and 0.1 acre of mixed pine/hardwood forest. It is
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likely that not all of these plant community acreages will be cleared or impacted. Some will be left on
residential units, within the golf course, and along right-of-ways for natural barriers and aesthetic
purpose. In addition, 152.5 acres (37 percent) of the project area will be preserved in its natural state.
This preservation area will include pine flatwoods (92.3 acres), mixed pine/hardwood forest (24.3
acres), nonriverine wet hardwood forest (19.4 acres), disturbed herbaceous assemblage (7.1 acres),
bay forest (6.8 acres), pond pine woodland (2.4 acres), and open water (0.2 acre).
5.1.6 Wildlife. Construction of Alternative 4 will result in the removal of existing
vegetative habitats and the displacement of wildlife within the project construction limits. Wildlife
species are dependent upon the available resources within the particular habitat or habitats they utilize.
Species that have greater mobility will be displaced to other areas. Alternative 4 will result in the
disruption of about 223 acres of wildlife habitat.
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5.1.7 Wetlands and Open Waters (Section 404 Jurisdictional Areas). Alternative 4
will potentially impact 83.5 acres of Section 404 jurisdictional wetlands by grading and filling in the
development zone for residential lots, the nine-hole golf course, and associated roadways. Small
acreages of disturbed herbaceous assemblage (2.7 acres) and mixed pine/hardwood forest (0.2 acre)
will be impacted. However, most (80.6 acres or 96.5 percent) of the potential wetland impact acreage
is pine timberland, consisting of 75.5 acres of pine flatwoods and 5.1 acres of pond pine woodland.
These community types on-site have a relatively low wetland value based on DEM ratings, and such
pine timberlands are common in the project area vicinity and in southeastern North Carolina. Based on
Forest Statistics for the Southern Coastal Plain of North Carolina, 1990 (Johnson 1990), pine
timberland makes up 44.7 percent (2,341,631 acres) of timberland in this region. In New Hanover
County, pine timberland comprises 21,013 acres, or 42.6 percent of the county's timberland. The pine
timberland wetlands impacted by the proposed action constitute about 0.4 percent of the pine
timberland in New Hanover County and about 0.003 percent of the pine timberland in the southern
coastal plain. The USDA forest statistics include wetlands and non-wetlands alike in the pine
timberland category. The percentage of wetlands in pine timberlands in New Hanover County and the
region is not known, but is thought to be high based on soils maps and on personal experience of
wetland delineators working in New Hanover County and the region. The loss of this relatively small
acreage of pine timberland is not significant and will be mitigated by Landfall Associates.
Some of the 83.5 acres of wetlands described above will likely not be lost, but will be
left on lots or incorporated into the golf course design. However, Landfall Associates has assumed a
worst-case scenario and has prepared a Compensatory Wetlands Mitigation Plan accordingly. The
wetlands avoidance and minimization procedures followed under this project are outlined below in
Section 5.3.1, and the proposed Compensatory Wetlands Mitigation Plan is outlined in Section 5.3.2.
5.1.8 CAMA Jurisdictional Areas. The proposed project will not impact any CAMA
jurisdictional areas.
5.1.9 Endangered and Threatened Species. The proposed project will not impact any
endangered or threatened species.
5.2 Direct and Indirect Effects of the Proposed Action on the Man-made Environment
5.2.1 Cultural Resources. No structures of historical or architectural significance occur
within the project area; thus, the proposed project will not impact any such structure. Three known
archaeological sites occur within the area to be developed under Alternative 4. An archaeological
survey of the area, to include further examination and evaluation of the three sites, is being conducted
by Archaeological Research Consultants, Inc.; the report will be available in September 1996.
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5.2.2 Land Use. Alternative 4 will result in the conversion of 237 acres from an
unmaintained naturally vegetated state to residential and recreational use.
5.2.3 Socioeconomic Considerations. Comparisons of various socioeconomic factors
are presented in Section 3.3 and in Tables 3-1, 3-4, 3-5, 3-6, and 3-7. These tables include information
on the proposed alternative.
5.2.3.1 Population. The 1990 Census data described in 4.1.3.1 project an
occupancy of 2.7 persons per occupied housing unit. It is estimated that Alternative 4 will result in an
increased population of 1,260 persons for the immediate area (Table 3-4).
5.2.3.2 Services and Utilities. The project area is located within the Landfall
Community and the development outlined for Alternative 4 will be utilizing the same services and
utilities. The existing services and utilities are capable of accommodating the level of development
contemplated in Alternative 4.
5.2.3.3 Economics.
5.2.3.3.1 State and Local Taxes. State and local taxes generated by
development of Alternative 4 will include real estate taxes (Table 3-5), sales taxes, personal and
corporate income taxes, property transfer taxes and building permit taxes (Table 3-6). Real estate
taxes, personal income taxes, and property transfer taxes will benefit the local and state government
systems for many years after development is completed. Local real estate taxes are projected to be
$1,338,375 per year for Alternative 4 based on projected property valuations and tax rates (Table 3-5).
The value of sales taxes, personal and corporate income taxes, property transfer taxes, and building
permit taxes are projected to be $13,683,000 over the life of the project (Table 3-6).
Currently, building permit fees in New Hanover County include the cost
of building permits and water and sewer impact fees. Building permit fees are assessed based on the
square footage of the planned home and the anticipated construction costs. A 3,500 square foot single
family home with a construction cost of $100 per square foot would be assessed $1,350 for a building
permit. The City water impact fee is $210 per bedroom. We have assumed an average of three
bedrooms per home or $630. New Hanover County assesses a sewer impact fee of $0.675 per square
foot with a minimum of $500 and a maximum of $1,800 plus a $25 sewer connection fee. The net
result of these taxes is an estimated cost of $3,805 for each home built on an interior lot and an
estimated cost of $4,157 for a home built on a golf course lot or over $822,000 in building permit fees
for the 200 lots in Alternative 4 (Table 3-6). Taxes and fees paid over the life of the construction plus
one year of real estate taxes after total development will exceed $15,021,000 or $75,105 per home
(Table 3-6).
' 5.2.3.3.2 Purchases of Goods and Services. The purchase of
goods and services for the development of homesites, construction of residential dwellings, and building
of the golf course under Alternative 4 will generate significant local and state sales taxes. The
proposed alternative is expected to generate $1,957,000 in general sales taxes (Table 3-6) over the
life of the project, based on National Association of Home Builders (NAHB) data (Dublin 1994) that 32
percent of the total construction costs will be subject to the current 6 percent sales tax.
' As noted in Table 3-5, the ripple effect of Alternative 4 on the local
economy is expected to be $305,925,000. Economists generally agree that the benefits of a business
on the local economy has a "ripple effect" on the economy of the area. The NAHB estimates that the
effect of construction on a local economy is three times the dollar value of the construction. In
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projecting the local and state sales tax revenue, only the effect of the initial purchases was considered
and not purchases made by the value of the dollars moving through the local economy.
5.2.3.3.3 Income and Employment. Development of Alternative
4 will result in significant local employment of entry level and skilled labor. As a result of the
employment, state and federal income taxes will be generated by job creation. NAHB estimates that
2,097 worker years are created for every 1,000 single-family homes built (Dublin 1994). This includes
land development, construction, manufacturing, trade, transportation, mining and services. Jobs
created by Alternative 4 will generate state and federal personal income taxes and social security taxes
projected to total $4,407,000 (Table 3-6).
In addition to personal income taxes, state and federal corporate income
taxes are projected to be $6,474,000 (Table 3-6). The employer's share of social security taxes are
included in the personal income taxes described above.
In addition to construction related jobs, residential development creates
long term maintenance jobs. Property owners associations hire maintenance employees for the long
term care of common areas such as roads and landscaping. In addition, some private maintenance jobs
for professional lawn and garden care are created. We have not included the jobs created by private
lawn care in this study. Golf courses also create maintenance and supervisory jobs.
Alternative 4 is expected to create jobs equal to 419 worker years based
on the NAHB data described above (Table 3-7). In addition, the development of a golf course and a
property owners association is expected to create 23 long-term jobs. The 419 worker years will affect
jobs at all levels of employment and in all industries associated with housing, including land
development, on- and off-site construction, manufacturing, mining, transportation, and services. The
419 worker years are expected to generate $12,088,150 of income based on 1994 salary levels. The
development jobs will primarily be maintenance employment with some supervisory positions
anticipated. The maintenance employment is expected to generate $543,800 in annual salaries (Table
3-7).
5.3 Wetlands Mitigation Measures
5.3.1 Wetlands Avoidance/Minimization. The development and analysis of alternatives
by Landfall Associates and its consultants were driven by wetlands avoidance and minimization, in
conjunction with the project's purpose and need and economic considerations. Alternative 1 followed
the original master plan alternative for the site and included an 18-hole golf course, 290 residential
units, and a retirement center facility. The development plan for Alternative 1 would utilize nearly all
of the 415-acre project site and would affect the largest amount of Section 404 jurisdictional wetlands
at 191.7 acres, of which 17.2 acres consist of high quality wetlands.
To avoid wetlands and minimize wetland impacts, Landfall Associates and its
consultants formulated Alternative 2. Alternative 2 would reduce the golf program from 18 holes to
nine holes, provide 310 residential units, and allow for the retirement center. With the reduction of the
18-hole golf course to nine holes, Landfall Associates would be able to reduce wetland impacts
attributable to golf fairways by more than half (to 22 acres). This alternative would avoid all high
quality wetlands within the project area, and would reduce direct wetland impacts to 154.5 acres of
low quality wetlands.
To further avoid and minimize wetland impacts, Landfall Associates and its consultants
developed Alternative 3. This alternative includes nine holes of golf, reduces the total residential units
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to 210, and includes the retirement center. Alternative 3 would compress the developed zone to 238.5
acres while reducing wetland impacts to 84.3 acres of low quality wetlands.
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Having reduced the project as far as economically feasible to avoid and minimize
wetlands impacts, Landfall Associates held a pre-application consultation with State and Federal
resource agencies in which 1) Landfall Associates presented its development of alternatives to avoid
and minimize wetlands impacts, and 2) agency input was requested on the alternatives, especially
Alternative 3. Input and suggestions from the agencies led to a number of refinements which were
incorporated into Alternative 4. Alternative 4 would also include the nine-hole golf course, 200
residential units, and the retirement center program. The primary land plan modifications from
Alternative 3 to Alternative 4 would be the shifting of some of the golf holes and residential units from
the southern-most project area to northeast of the retirement center. Other plan modifications include
refinement of water quality pond locations to better facilitate adjacent wetland hydrology, reduction of
lot depths on interior lots to reduce the potential for direct wetland impacts, incorporating upland
buffers adjacent to high quality wetland zones, and the elimination of selected interior lots to broaden
and consolidate remaining wildlife habitat corridors. All high quality wetlands are avoided and the
impact to low quality wetlands was reduced to 83.5 acres. This completed Landfall Associates'
avoidance and minimization efforts, and the compensatory mitigation plan for impacts to 83.5 acres
of low quality wetlands, mostly pine flatwoods, is presented below in Section 5.3.2.
5.3.2 Compensatory Wetlands Mitigation Plan. Alternative 4 will impact 83.5 acres
of low quality wetlands within the 415-acre project site. The impact area includes 75.5 acres of pine
flatwoods, 5.1 acres of pond pine woodland, 2.7 acres of disturbed herbaceous assemblage, and 0.2
acre of mixed pine/hardwood forest. These wetland areas are on hydric soils, primarily including
Torhunta loamy fine sand, Murville fine sand, Leon sand, and Pantego loam.
Ninety-six and a half percent of the wetlands to be impacted include pine flatwoods
(75.5 acres or 90.4 percent) and pond pine woodland (5.1 acres or 6.1 percent) which are of low
quality. The North Carolina Department of Environment, Health, and Natural Resources, Division of
Environmental Management (DEM), Water Quality section has developed an approach for evaluating
wetland values using a Wet/and Rating System that places strong emphasis on protecting water quality.
DEM representatives (John Dorney and Cherri Smith) visited the Landfall Community on 27 July 1994
to calculate wetland values for sites representative of the wetland communities in the project area.
' Scores (out of a possible 100) were calculated for the communities and the lowest values were for
pond pine woodland (27) and pine flatwoods (20).
To compensate for the 83.5 acres of low quality wetlands to be impacted by Alternative
4, Landfall Associates will provide a combination of 1) preservation of a major portion of the 415-acre
project area and 2) restoration of prior-converted croplands.
5.3.2.1 Preservation Within the 415-acre Project Area. As part of the
Alternative 4 development plan, Landfall Associates will preserve 152.5 acres, or 37 percent, of the
415-acre project area. This area will be subjected to a deeded conservation easement in favor of a
conservation agency or group such as the Northeast New Hanover Conservancy. The 152.5 acres to
be preserved are shown in Figure 5-1 and include 146.4 acres of wetlands and 6.11 acres of
interspersed uplands.
The coastal plain small stream swamp, bay forest, and nonriverine wet
hardwood forest communities were determined to be of higher quality compared to other wetland
communities within the project area. All 31 acres of these communities are included in the preservation
area. The coastal plain small stream swamp was rated the highest by DEM. The bay forest and wet
hardwood forest are relatively undisturbed communities within the project area and represent

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communities as identified by the North Carolina Natural Heritage Program as rare and/or communities
threatened with degradation. All of these communities are along stream courses, natural depressions
and ponds, or drainage ways.
5.3.2.2 Restoration of Prior-converted Croplands. In addition to the above-
described preservation of a major portion of the project site, Landfall Associates proposes to restore
61 acres of prior-converted cropland to replace the functions and values of the low quality wetlands
`i`m'pacted by the proposed project. The area to be restored will be selected by Landfall Associates and
its consultants, and reviewed with the U.S. Army Corps of Engineers. A site selection process is
ongoing.
When a site is selected and approved, Landfall Associates will purchase the land
and/or arrange a conservation easement in perpetuity. Landfall Associates' environmental consultant
will design the mitigation restoration project. Landfall Associates will retain a contractor to plug and
fill ditches and canals, break down field crowns, and do any other earthwork required to restore
wetland hydrology to the site. Suitable tree species, most likely a mixture dominated by hardwoods,
will be planted as bare root seedlings in late winter (probably February). Landfall Associates'
environmental consultant will 1) install shallow monitoring wells and continuous monitors to measure
site hydrology, 2) establish vegetation transects to monitor vegetation survival, and 3) prepare an as-
built report for submission to the Corps.
To determine "success" of the restoration efforts, the restored prior-converted
cropland will be monitored for a period of three years. The site(s) will already have hydric soils, and
the other two criteria to be met for the areas to be wetlands according to the Section 404 jurisdictional
criteria in the Corps of Engineers Wet/ands Delineation Manual include 1) vegetation and 2) hydrology.
The success criteria for each of these are presented below, and correspond to those proposed by the
Wilmington District in the "Compensatory Hardwood Mitigation Guidelines."
Vegetation

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Landfall Associates' prior-converted cropland hardwood wetland restoration
areas will be planted with a diversity of hardwood species (more than six species). In
accordance with the Wilmington District's "Compensatory Hardwood Mitigation
Guidelines," the site design for tree composition will include a minimum of six
hardwood species with no more than 20 percent of any one species. Vegetation
success will be monitored for three years with vegetation transects scattered
throughout the restoration area. Success will be measured by tree survival and species
composition. Average tree density on each section of restored prior-converted cropland
will be at least 320 planted trees/acre at the end of the third growing season. At least
six species of planted hardwood trees will be present on each section of restored prior-
converted cropland at the end of the third growing season. Bald cypress and pond
cypress will be considered hardwoods.
I Hydrology
The hydrology modifications made on the prior-converted cropland areas
' restored to hardwood wetlands are designed to restore the natural hydrology of the
area. On most areas, the restored hydrology should meet or exceed the level of 12.5
percent of the growing season as specified in the USACE Compensatory Hardwood
Mitigation Guidelines. Wetland restoration sites that are inundated or saturated to the
surface for a consecutive number of days greater than 12.5 percent of the growing
season are hydrologically successful and will receive full restoration credit. Sites or

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' portions of sites which after three years of monitoring 1) have hydric soils, 2) have met
the vegetation success criteria, and 3) are inundated or saturated to the surface
between 5 and 12.5 percent of the growing season in most years, will be successful
and the credit will be determined on a case by case basis. A water table within 12
inches of the surface will be considered an indicator of saturation to the surface.
O When the restoration area is judged successful after the three-year monitoring period, Landfall
Associates will deed the land (or assign the conservation easement) to an acceptable government
agency or private conservation group (such as the Coastal Land Trust).
5.4 Compatibility with State Policies and Local Land Use Plans
Landfall Associates has an approved New Hanover County Subdivision Plan for the
' proposed project area and is consistent with the current residential zoning requirements for the project
area. No Coastal Area Management Act (CAMA) Areas of Environmental Concern occur within the
project area, and no CAMA permit is required. Detailed plans will be developed and submitted for
' approval to New Hanover County and the North Carolina Division of Environmental Management
(NCDEM) for sewer main extensions, to the City of Wilmington and NCDEM for water main extensions,
to New Hanover County for grading and erosion control, and to NCDEM for stormwater management.
The primary permit required is the Section 404 permit from the USACE to fill in wetlands, including the
' related 401 Water Quality Certification from NCDEM.

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6.0 LITERATURE CITED
Cowardin, L.M., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and
deepwater habitats of the United States. U.S. Fish and Wildl. Serv., Biol. Serv. Program,
Washington, D.C. FWS/OBS-79/31. 103 p.
Dublin, E. 1994. Direct fiscal impacts of residential construction, housing economics. National
Association of Home Builders, Washington, D. C.
Environmental Laboratory. 1987. Corp of Engineers wetlands delineation manual. Technical Report Y-
87-1, U.S. Army Engineer Waterways Experiment Station, Vicksburg, MS. 100 p. plus
appendices.
Johnson, T. G. 1990. Forest statistics for the southern coastal plain of North Carolina, 1990.
Resour. Bull. SE-111. U.S. Department of Agriculture, Forest Service, Southeastern Forest
Experiment Station, Asheville, NC. 52p.
Mallin, M. A., L. B. Cahoon, E. C. Esham, J. J. Manock, J. F. Merritt, M. H. Posey and R. K. Sizemore.
1994. Water quality in New Hanover County tidal creeks, 1993-1994. Center for Marine
Science Research, University of North Carolina at Wilmington, N.C.
Mallin, M. A., L. B. Cahoon, J. J. Manock, J. F. Merritt, M. H. Posey, T. D. Alphin, and R. K. Sizemore.
1995. Water quality in New Hanover County tidal creeks, 1994-1995. Center for Marine
Science Research, University of North Carolina at Wilmington, N.C.
New Hanover County Planning Department. 1991. Environmental resources and constraints in New
Hanover County. New Hanover County land use plan update. Wilmington, NC. 35p.
North Carolina Department of Environment, Health, and Natural Resources. 1991. 1989 Ambient air
quality report. Division of Environmental Management, Air Quality Section, Raleigh. 50p.
North Carolina Department of Natural Resources and Community Development and U.S. Water
Resources Council. 1984. Guide to the location and development of groundwater - lower Cape
Fear River basin. Raleigh, NC.
Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina.
Third Approximation. NCDEHNR, Natural Heritage Program, Division of Parks and Recreation,
Raleigh. 325p.
U.S. Department of Agriculture, Soil Conservation Service. 1977. Soil survey of New Hanover County,
North Carolina.
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7.0 LIST OF PREPARERS
Name Agency/firm Project role/assignment
John C. Yelverton Landfall Associates, General Manager
Wilmington, NC
S. Keith Cooper Landfall Associates, Director of Land Development
Wilmington, NC
Annette Y. Taylor CZR Incorporated, Project Manager
Wilmington, NC
Bruce W. Bolick CZR Incorporated, Technical Director
Wilmington, NC
Samuel Cooper CZR Incorporated, Delineation of Section 404
Wilmington, NC Jurisdictional Areas, Red-cockaded
Woodpecker Survey
Rahlff F. Ingle CZR Incorporated, Plant Communities
Wilmington, NC
Larry R. Zucchino Paton/Zucchino & Associates, P.A., Land Planning
Raleigh, NC
George W. House Brooks, Pierce, McLendon, Legal Review
Humphrey, & Leonard, Greensboro,
NC
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