20070699 Ver 2_Individual_20100729

Blue Ridge Engineenri PLC No Main Street
North Wilkesboro, NC 28659
[phone]
July 28, 2010
Mr. Ian McMillan
Division of Water Quality - 401 Coordinator `"""??•
2321 Crabtree Boulevard - Suite 250
Raleigh, NC 27604
Ref: 401 Water Quality Certification Application JUL 2 `i 2010
Porter's Neck Crossing
New Hanover County, NC
DENR - WATER QUALITY
WETLANIDS AW STOR%ghr'A'ER BRANCH
Dear Mr. McMillan,
Please find the enclosed 401 Water Quality Certification submittal for the above referenced project. This
application is being submitted on behalf of ACI-Pine Ridge, LLC for the construction of the Porter's Neck
Crossing Shopping Center, a new development located at the intersection of Market Street and Porter's
Neck Road in New Hanover County, NC. The proposed project will impact 3.90 acres of 404 wetlands. To
compensate for these impacts, the applicant proposes to preserve the remaining 13 acres of wetlands on the
property and further compensate by purchasing credits from an approved mitigation bank or payment to the
Ecosystem Enhancement Program.
Five (5) copies of the application form, project narrative, and associated plans are enclosed for your review.
The $570 application fee has already been submitted to your office. Please feel free to call with any
questions. Thanks in advance for your assistance with this project.
Sincerely,
M. Devin taley,
Engineering Manage
cc: Mr. James A. Black, Jr., ACI
Mr. Martin Fridy, MPG
George House, BPMHL
File #7015
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APPLICATION FOR DEPARTMENT OF THE ARMY PERM
I OW APPROVAL NO. 07104M
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either of twee addresses. Cow~ appkoftw newt be sWatllled b to Dlgrkd Eno~ haft PutNdlmtlon over to lotwYmn of ter proposed advily.
PRIVACY ACT STATEIIIENT
Autertles: Rivers and ltsibws Ad. Sec6ah 10, 33 USC 403; Clem WMw Ad, saolwh 404.33 USC 1344; Marba Prolectwh, Raswdh, and SarmWarles
Act, Seaton 103.33 USC 1413; Re Wabry PmWwne of to Corps of Entbwers; FkW Rule 33 CFR 320-332. Prbmlp81 Parpoee: bfomhallon provided on trio
form will be used b evakm*w tw application fora pwmL RoWns Um: This' Imrrnatar day be dwed o0 the Dapubnmt of Jwft and otw le 4
Mots. and Ioceltovanwnwrt sooncles, and to publc and may be made avalable n pwt of • pWrlc notes ee ro**W by Feft law. Sub aledon of
per
or good rep le aoplea whid show to bcatland drwa ter of proposed activity mid be atsdad to Oft appIo I (we sample
A III ps and kwM diva) and be $WwAbd In to DNMd Enpbwer haft jlrisdidkm over to locaton of tw proposed aclivty. Anapplation that N not
cam~ In Wl will be reamed.
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETE
OT'EMS BELOW TO BE FILLED BYAPPLICANTJ
5. APPLICANTS NAME: 0. AUTHORIZED AGENTS NAME AND TITLE (an Mots is not raaubed)
First - Jonas Middle - A. Last - Black Fret - M. Middle - Davin Last- Staley. PE
Compaq- ACI - Pine Rldte, LLC Cowpony- No R1dpe E 111 sr6 g PLLC
E-ew Address - cam EwA Address - devirLabNy@1wepli oom
S. APPLICANTS ADDRESS. 9. AGENTS ADDRESS
Address -1400 W. North reood Street Address - 529 Main Street
Cky - Greensboro 81810 - Nc Zip- 27406 Cour*Y - USA City - Note WMteaboro Stale - NC Zip - 20659 CwA*y- USA
7. APPLICANTS PHONE NOs. WAAREA CODE. 10. AGENTS PHONE NOs. W/AREA CODE
a. Residence b. Susirw s c. Fax a. Residence b. BuNesss c. Fax
336.556-6052 336.363-5901 336-275.OWT 336452.0500 330.030.2500 336.0304179
STATEMENT OF AUTHORIZATION
11. t hereby sutm in. to ad In my bdet as my apOrit In Ow preosssYq of Ns appll w and is MW*K upon mpest
WPPlemerhlel le Nape CappNcalton
10
APPLICANTS SIGNATURE DA
NAME, TION, AND DESCRIPTION OF PROJECT OR ACTMTY
12. PROJECT NAME OR TITLE taw beYrwaeal
Portmes Necit Cros"
13. NAME OF WATERSODY, IF KNOWN R,epa.na) 14. PROJECT STREET ADDRESS (r.asem)
Address
15. LOCATION OF PROJECT 103 Poriefs Nedt Road
Latki de:'N 34.303
Lorpaude: 'W 77.769 Cky - W*nkVton State - NC ZIP - 20411
16. OTHER LOCATION OESC IPTONS, IF KNOWN per beeaa/wa)
State Tax Prat 10 SEE ATTACHMENT Mw*1pdty
Setdkw - Town" - Ranam -
17. DIRECTIONS TO THE SITE
From VV*r&Om: Travel North on Mwkst SL (Hwy 17). Tum bR of Paters Nm* Road. Plojsd Is baled bshbrd Pabrs Ned Shoppbp Cenw.
ENO FORM 4345, SEPT 2009 Ea1ON OF OCT 2004 L4 OBSOLETE Pmptrmrtt CWW.OR
19. NakaadAdray pwyamerp*Kbrerbdkdm@i
The pretaned protect consists of 3.9 Arm of wedw4 knpac on a 93.4 Ace site. Development of the eke will include
19. PralwdPWPon pWWft9W rnaaryM6flWp* .weeaYmrramq
To provide a cormnercWhetall developnne t within the etrpandkng section of northern New Hanover County. SEE ATTACHMENT
USE BLOCKS 20.23 IF DREDGED ANDIOR FILL MATERIAL IS TO BE DISCHARGED
20. Rnsan(s) for DNeharp
To provide an adequate aroa on which lo construct corrinv rdaYntak spoo s. SEE ATTACHMENT
21. Type(s) of Material Beft DMdhwged and to Mm of of Each Type in Cubic Yards:
Type SEE ATTACHMENT Type Type
Mmurd in Cubic Yaws
Amount in Cubic Yards Anmoal in Cubic Yards
22. SurfaceArse lo Aaessf Wellim ar Otmw WaMo FMd pis rasrrdwl
Asa 3.9 Ac. SEE ATTACHMENT
or
Lirw Feet
23. Dseatpfon d Avoidance. Mk*nkokM and Cwowwalon lm,
wrrranrl
SEE ATTACHMENT
24. Is Any Parton of to Work Aku* Complele9 Yes X_ No _ F YES. DESCRIBE THE COMPLETED WORK
As a condition of the rezoning of the Low@% tract water, sanitary sewer, slo nwvater, and roadway improvements are under c
25. Addresses MA"ft Property Ownrs. Lessees, Ele.. Whom Properly A*ft to Walwbody fn arrow m» womw ion, vb... ~ o v4wbMwar soli.
Address - SEE ATTACHMENT
Cky - Stab - ZIP -
26. Lid or ONnr Cer0ca9, w ApprwahA)wlds Reoeiod Mom oewr FadwA SMs. or L=W AtwWn for Work Des,abd la The Appkcafon.
AGENCY TYPE APPROVAV IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
SEE ATTACHMENT
Would k"We but is not mWaled lo mnkrp, bur *% and food plain permits
27. APPlicafon Is hereby weds, for a permit or par 0 to aulhorin to work desalted in th s oppNr alm I ON* that to b*mm on In this appkcalon Is
and aocrrale. 1 hMtra catty that 1 passes the authority to nmdertake to wait described MrNn at am amfkg es to duly sufrorind agent of to
applicarit.
41 0 23 n
SIGNATURE OF APPLICANT DATE SI TURE GENT DATE
The q* m*m must be signed by to pwwr who dukes to undartaka to proposed amfirNy ( ) or k may be signed by a duly vAmdaad agent t to
statement in block 11 has been Ned out and signed.
16 U.S.C. Swinton 1001 provides tot VWx~. in any maranr wilt to M*didlon of any dnparbnant or agemy of the Unkad Sable knowingly and will ly
WsIAes, amcsals, or corers inns sty Mdr, schema, or dsguless a raderial fact or mdm any Wee, k illious or Mandulwt simemants or reptnemmlons or
malm0 ruses any tabs w t q ar doartwM bhawkg soma b cadets cry Wee. %Nm or Manrdulwd statomwhb a wdry, *A be fowl not moo tun
knprtecmed rat nnoo farm M yews a both.
1910 FORM 43fi' , SEPT 2009
Bock 18 oonflmot
ckW eW spas, assoclood parIJ 9 and kMernal soass roads. SEE ATTACHMENT
Bock 24 oondnusd.
wOuadon. No IB material has been phosd in IM wobnds. SEE ATTACHMENT
ENG FORM 4245. SEPT 2009 EDITION OF OCT 2004 IS OBSOLETE Proponent CECW-0R
Block 16 - Location Description
Porter's Neck Crossing
New Hanover County, NC
July 23, 2010
ACI - Pine Ridge, LLC
The subject property consists of the following eight tracts:
PID# Physical Address Approximate Size
R02800-001-177-000 167 Porter's Neck Road 1.171 Ac.
R02800-001-178-000 163 Porter's Neck Road 1.802 Ac.
R02800-001-179-000 164 & 168 Porter's Neck Road 1.984 Ac.
R02800-001-180-000 178 Porter's Neck Road 1.470 Ac.
R02800-001-181-000 188 Porter's Neck Road 1.308 Ac.
R02800-001-183-000 191 Porter's Neck Road 15.600 Ac.
R02800-001-184-000 179 & 183 Porter's Neck Road 19.779 Ac.
R02800-001-185-000 175 Porter's Neck Road 9.000 Ac.
----- Roadway R/W 1.686 Ac.
Block 24 - Adjoining Property Owners
Porter's Neck Crossing
New Hanover County, NC
July 23, 2010
ACI - Pine Ridge, LLC
In addition to those listed below, the subject property is adjoined NCDOT Right-of-Way for
Interstate 140 (Wilmington Bypass) to the north and for US Highway 17 (Market Street) to the east.
The following information was obtained from New Hanover County GIS:
PID# Property Owner
Porter's Neck Center Inc.
R02800-001-156-000 616 Princess Street
Wilmington, NC 28401
Gray Property 2205 LLC
R02800-001-143-000 56004 Monument Avenue 20
Richmond, VA 23230
R02800-001-025-000 Covil Crossing Group LLC
R02800-001-026-000 P.O. Box 777
Carolina Beach, NC 28428
R2800-002-003-000 Scarafoni Associates NC Inc.
R2800-002-004-000 616 Princess Street
R2800-001-182-000 Wilmington, NC 28401
Block 26 - Other Certifications /Approvals
Porter's Neck Crossing
New Hanover County, NC
July 23, 2010
ACI - Pine Ridge, LLC
Agency Type Approval Identification Number Date Applied Date Approved
NCDENR - DW Stormwater SW8 080742 08-12-08 08-19-08
NHC Stormwater 471-09/02/08 07-01-08 09-02-08
CFPUA Water NC0465232 07-01-08 10-29-08
NCDENR - DW Water PWSID:04-65-232 11-07-08 02-17-09
NCDENR- DWQ Sanita Sewer WQ0033576 08-07-08 12-05-08
CFPUA Sanitary Sewer File #217.30 05-23-08 10-27-08
NCDOT Encroachment E-65-08-150 05-14-08 12-30-08
NCDOT Driveway D-65-08-042 07-01-08 01-07-09
NHC Erosion Control 44-08 07-01-08 10-15-08
NHC Rezoning 2-861 03-22-07 09-04-07

i
PROJECT NARRATIVE
Porter's Neck Crossing
New Hanover County, NC
INTRODUCTION
ACI - Pine Ridge, LLC (ACI), the applicant, is requesting an Individual Permit from the US Army
Corps of Engineers as well as a 401 Water Quality Certification from the NCDENR - Division of
Water Quality and a consistency certification from the NC Division of Coastal Management. ACI
received a Notification of Jurisdictional Determination UD) for the subject property on November
20, 2007.
ACI's former agent, Land Management Group, Inc., previously submitted an application to USACE,
NCDENR, and NCDCM for the appropriate perntting and approval. This application was closed
in May 2008 for failure to comment on the public notice within the required time frame. ACI has
since retained Blue Ridge Engineering, PLLC (BRE) to act as its agent for all USACE, NCDENR,
and NCDCM permitting and approval issues for the subject property.
SITE IDENTIFICATION
The subject property is known as Porter's Neck Crossing and is located in the southwest quadrant
of the intersection of US Highway 17 (Market Street) and Interstate 140 in New Hanover County,
NC. The site has a physical address of 183 Porter's Neck Road Wilmington, NC 28411. The site
consists of eight separate tracts, approximately 53.8 acres, including approximately 16.9 acres of
wetlands. The site is located within the Cape Fear River Basin. The project includes the
development of the site in two phases, which are discussed in detail in the subsequent paragraphs.
The proposed project will include construction of approximately 350,000 square feet of
commercial/retail space, associated parking areas, and an internal roadway system. A vicinity map,
aerial map, and topographic map are attached for reference.
The subject property is adjoined by Interstate 140 (Wilmington Bypass) to the north, undeveloped
wooded residential lots to the west (Greenview Ranches), various retail/ commercial areas and an
July 23, 2010
ACI - Pine Ridge, LLC
apartment complex to the south, and US Highway 17 (Market Street) to the east.
Porter's Neck Crossing
1 of 11
July 23, 2010
The subject property is located in the northeast portion of the county in an area classified on the
2006 CAMA Land Classification map as transition on the southeastern portion and aquifer resource
protection on the northwestern. This transition area is to provide for future intensive urban
development on lands that have or will have urban services. The location of these areas is based
upon land use planning policies requiring optimum efficiency in land utilization and public service
delivery. Currently, other commercial uses are prevalent in this project's vicinity.
EXISTING CONDITION
Area of Phase I
Phase I, located along the eastern portion of the project limits, consists of approximately 16.2 acres,
including approximately 1.6 acres of wetlands. According to the jurisdictional Determination, these
wetlands are in the headwaters of Island and Smith Creeks, tributaries to the Northeast Cape Fear
River. No streams exist on-site. These wetlands have been characterized as degraded wetlands.
The quality of these wetlands was directly impacted by the construction of Interstate 140
(Wilmington Bypass), which severed this ecosystem and significantly altered its hydrology. No
wetlands are to be disturbed as part of the development of Phase 1. Phase I includes construction of
156,125 square feet Lowe's Home Improvement Warehouse, associated parking areas, roadway
improvements, water, sanitary sewer, and stormwater infrastructures. This Lowe's parcel was
rezoned in September 2007 to a Conditional District Highway Business zoning district, CD(B-2). A
special use permit was granted for a Building Materials and Garden Supplies Store in order to
accommodate the new Lowe's Home Improvement Warehouse. As a condition to the special use
permit, the applicant was required to complete roadway improvements both on and off site
(including the extension of Porter's Neck Road, various improvements to Highway 17, and
construction of an internal drive connection to the existing Food Lion shopping center adjacent to
the project, which will also serve a majority of Phase II), water, sanitary sewer, and storm water
(including three detention ponds) infrastructure as required by New Hanover County and other state
agencies. These infrastructure improvements were required to be completed prior to issuance of a
certificate of occupancy to Lowe's Home Improvement Warehouse. Therefore, construction of
Phase I commenced in August 2008. Water and sanitary sewer infrastructures have been completed
to serve Phase I and Phase 11 of construction. Stormwater infrastructure has been completed for
approximately 50% of Phase 11. Lowe's began vertical building construction in March 2010.
Area of Phase II
Porter's Neck Crossing 2 of 11 July 23, 2010
Phase II of the proposed project includes the remaining 37.6 acres, including 15.3 acres of wetlands.
The area of Phase II consists of sparsely wooded areas, heavily wooded areas, and maintained areas
containing various types of vegetation and groundcover. Phase II will include the construction of
approximately 194,000 square feet of retail/ commercial space, associated access drives and parking
areas. Phase II of the project proposes to impact approximately 3.90 acres of wetlands. According
to the jurisdictional Determination, these wetlands are in the headwaters of Island and Smith
Creeks, tributaries to the Northeast Cape Fear River. No streams exist on-site. The wetlands
located in the southwestern corner of the site have been identified as a high quality Carolina Bay.
The wetlands located directly adjacent to Interstate 140 (Wilmington Bypass) have been
characterized as degraded wetlands. The quality of these wetlands was directly impacted by the
construction of Interstate 140 (Wilmington Bypass), which severed this ecosystem and significantly
altered its hydrology.
NCDENR - DWQ determined that the project is not located within '/z mile of an SA-classified
waterbody. According to the United States Department of Agriculture Soil Survey of New Hanover
County (April 1977), wetlands within the site are classified as containing Leon sand (Le) and
Murville sand (Mu). These soils are characterized as poorly drained soils. Wetlands within the site
support various types of vegetation, primarily loblolly bay (gordonia lasianthus), gallberry (ilex glabra),
fetterbush (1yonia lucida), tid (yrilla racemiflora) and arrow arum (peltandra virginica). Uplands within the
site are classified as containing Leon sand (Le), Lynn Haven fine sand (Ly), Rimi sand (Rm), and
Wakulla sand (Wa). Leon sand and Lynn Haven fine sand are characterized as poorly drained soils,
while Rimi sand and Wakulla sand are characterized as excessively drained soils. Uplands within the
site support various types of vegetation, primarily loblolly pine (pinus taeda), sweet pepperbush (clethra
alnifolia), creeping blueberry (vaccinium (rassifolium), and wiregrass (aristida stricta).
HREATENED AND/OR ENDANGERED SPECIES
The USFWS has ten (10) species listed as threatened and/or endangered for New Hanover County,
NC. They include: American Alligator (Alligator Mississippiensis), Green Sea Turtle (Chelonia Mydas),
Loggerhead Sea Turtle (Caretta Caretta), Piping Plover (Charadrius Melodus), Red-Cockaded
Woodpecker (Picoides Borealis), Shortnose Sturgeon (Acipenser Brevirostrum), West Indian Manatee
(Trichechus Manatus), Cooley's Meadowrue (Thalictrum Cooleya), Rough-Leaved Loosestrife (Lysimachia
Asperulaefolia), and Seabeach Amaranth (Amaranthus Pumilus). Of these ten (10) species, seven (7)
require a coastal, marine, or aquatic habitat, therefore excluding them from inhabiting the subject
Porter's Neck Crossing 3 of 11 July 23, 2010
property. They include: American Alligator, Green Sea Turtle, Loggerhead Sea Turtle, Piping
Plover, Shortnose Sturgeon, West Indian Manatee, and Seabeach Amaranth. The remaining three
(3) species could potentially exist on/near the area of the site. They are listed below with a
description of their habitat.
0 Red-Cockaded Woodpecker: This species prefers open stands of pine containing trees 60
years old and older for nesting and roosting, in which they excavate the cavities of these
larger older pines. Longleaf pines (Pines palustris) are most commonly used, but other species
of southern pine are also inhabited. Dense stands (stands that are primarily hardwoods, or
that have a dense hardwood understory) are avoided. This species requires a foraging habitat
where pine and pine hardwood stands 30 years old or older with foraging preference for pine
trees 10 inches or larger in diameter. In a good, moderately-stocked, pine habitat, a suitable
foraging substrate can be provided on 80 to 125 acres.
0 Cooley's Meadowrue: This species can be found on circumneutral soils in grass-sedge bogs
and wet pine savannahs and savannah like areas. It can also grow along fire plow lines,
woodland clearings, power line rights-of-way, and roadside ditches. It needs some type of
disturbance such as fire or mowing to maintain its open habitat. This species can be often
found growing with tulip poplar (liriodendron tulipifera), bald cypress (Taxodium distichum),
and/or Atlantic white cedar (Chamaecyparis thyoides).
0 Rough-Leaved Loosestrife: This species generally occurs in the ecotones or edges between
longleaf pine uplands and pond pine pocosins (areas of dense shrub and vine growth usually
on a wet, peaty, poorly drained soil), on moist to seasonally saturated sands, and on shallow
organic soils overlaying sand. This species has also been found on deep peat in the low
shrub community of large Carolina bays (shallow, elliptical, poorly drained depressions of
unknown origin). The grass-shrub ecotone, where rough-leaf loosestrife is found, is fire-
maintained, as are the adjacent plant communities (longleaf pine - scrub oak, savanna, flat,
and pocosin). Suppression of naturally-occurring fire in these ecotones results in shrubs
increasing in density and height and expanding to eliminate the open edges required by this
plant.
BRE issued a Phase I ESA of the subject property on November 16, 2007. As part of this ESA,
BRE reviewed data from the Environmental Data Resources, Inc. (EDR). EDR obtained
information regarding rare and endangered species from the NC Heritage Database. This
information did not indicate the presence of any rare or endangered species within the project limits.
Porter's Neck Crossing 4 of 11 July 23, 2010
However, the map indicated two rare or endangered species within 1.0 mile of the subject property.
BRE conducted site reconnaissance activities on numerous occasions in 2007, 2008, and 2009. BRE
personnel did not identify any threatened and/or endangered species on the subject property during
any site assessment activities.
PEASABILITY OF ALTERNATIVES
Many alternatives were considered prior to choosing the proposed site plan. The alternatives
evaluated included several off-site locations and numerous versions of development for the
proposed site, including a "no-action" alternative.
Off-Site Alternatives
The original study area for this project was limited to the Highway 17 (Market Street) corridor,
within approximately three (3) miles of the subject property. Market Street serves as the primary
arterial for traffic traveling north/south in northeastern New Hanover County. When identifying
possible project sites, the applicant searched for properties with: (1) appropriate zoning classification
for commercial use and potential use, (2) feasibility to be served by public water and sanitary sewer,
(3) limited environmental concerns, (4) access to a major arterial roadway, and (5) a location in an
area which would conveniently serve the substantial and growing residential base of the Porter's
Neck community. The two most important of these were an established traffic infrastructure and
the availability of water and sanitary sewer service. An established traffic infrastructure provides
appropriate traffic flow into a development by means of an interchange or signalized intersection.
Pender County was considered for the type of proposed development, however, the lack of water
and sanitary sewer access made Pender County locations not a viable option. Several off-site
locations were considered prior to site selection for the proposed development. These locations did
not offer comparable advantages as the subject property. They include:
7241 Market Street
This 31.05 acre tract was once considered in 2006 by Walmart for a new store location. Due to poor
traffic infrastructure, the project site was eliminated. There was no direct access to Market Street
without wetland impacts. Off-site roadway improvements would have been financially prohibitive
and there was no roadway intersection at the project site.
7910 Market Street
Porter's Neck Crossing 5 of 11 July 23, 2010
This 39.74 acre tract appears to be approximately 25%-35% wetlands. Due to a current zoning
classification of R-15, this tract would have required rezoning and does not currently have signalized
access with public right of way. The configuration of the wetlands makes this property best suited
for residential development with perhaps a small commercial component to support neighborhood
services.
8405 Market Street
This 19.34 acre tract is owned by NCDOT as a spoil site. The site has frontage on I-140 but with
no access due to interstate highway restrictions. The site appears to be 50% wetlands and/or
drainage area. The site is an environmental requirement for the NCDOT due to the development of
the I-140 corridor. The site as a stand alone parcel is not large enough to support the applicant's
development and not contiguous to other large tracts to be assembled for the applicant's proposed
use.
8605 Market Street
The 15.70 acre site is zoned R-15. Access to the site is provided from a cul-de-sac on Stephens
Church Road. The site is not large enough for the proposed development. Furthermore, Stephens
Church Road could not be improved sufficiently to handle the future traffic from the applicant's
desired development.
8703 Stephens Church Road
This 16.62 acre tract is zoned O&I. Access to the site is provided from a cul-de-sac on Stephens
Church Road. The site is not large enough for the proposed development. Furthermore, Stephens
Church Road could not be improved sufficiently to handle the future traffic from the applicant's
desired development. The site appears to be 30% wetlands, primarily on the portion fronting
Stephens Church Road.
9000 Market Street
This 100 acre tract is owned jointly by New Hanover Regional Medical Center and a partnership of
over 50 medical doctors. This site is already master planned and approved for surgery center,
hospital, and four medical office buildings of 40,000sf each. The construction of the surgery center
is already completed and the site is not available. Existing access is already established to support
medical uses and is not suited for a regional retail center.
Porter's Neck Crossing 6 of 11 July 23, 2010
On-Site Alternatives
Once the subject property was selected as the best location for the proposed development, many
site layouts were considered. Various options ranged from no wetlands impact to maximum
development. Based on agency feedback from the previously submitted permit application for this
project, the proposed building square footage for the applicant's preferred project has been reduced
by approximately 30,000 square feet, therefore, reducing the wetland impact by 66%. A brief
description of each layout is listed below. Site plans illustrating each layout are attached.
5.90 Acres of Wetland Impact (Previously Submitted Application
This plan was initially submitted with an Individual Permit application in April 2007. This site plan
included approximately 380,000sf of mixed commercial/retail buildings. The proposed parking ratio
for this plan was 5.32 per 1,000sf of building area. Total wetland impacts were 5.90 acres with 2.43
acres of those impacts to the Carolina Bay portion of the tract which has the highest functional
value. Due to changes in economic conditions, including cost of construction, the applicant has
been able to reduce the total building area. A portion of this reduction was a result of Lowe's
reducing their proposed building size, which has eliminated wetland impacts on the Lowe's parcel.
The proposed parking ratio has also been reduced to eliminate wetland impacts. Therefore, this
plan is no longer a consideration for the development.
No Action Alternative (Alter
A no-wetland impact alternate plan was prepared in which no wetlands would be disturbed. Due to
several fingers protruding into the project area, avoiding wetlands entirely severely limits the ability
to develop the site. The wetland fingers require smaller buildings to be placed in the upland areas
with insufficient interconnectivity for traffic circulation. Visibility is also reduced for the
westernmost areas, reducing marketability. This site plan only allows three small outparcels and
260,000 square feet of retail buildings. Smaller retail buildings limit the type of retail development
and limit the overall marketability of the site. These limits to the retail development result in the
project being not practicable. Because of these reasons, this site plan is not considered a practical
alternative to satisfy the applicant's or the public's purpose and need.
Alternative #1
Porter's Neck Crossing 7 of 11 July 23, 2010
This alternative included the construction of 368,112 square feet of commercial/retail space and
four outparcels with associated parking and paved areas. Approximately 5.17 acres of wetland
would be impacted with this site plan.
Alternative #2
This alternative included the construction of 361,878 square feet of commercial/retail space and five
outparcels with associated parking and paved areas. Approximately 5.14 acres of wetland would be
impacted with this site plan.
Alternative #3
This alternative included the construction of 261,812 square feet of commercial/retail space and
four outparcels with associated parking and paved areas. Approximately 1.45 acres of wetland
would be impacted with this site plan. This alternative did not provide enough buildable area to
make the project financially feasible.
Alternative #4
This alternative included the construction of 350,012 square feet of commercial/retail space and
four outparcels with associated parking and paved areas. Approximately 5.7 acres of wetland would
be impacted with this site plan.
Alternative #5
This alternative included the construction of 349,978 square feet of commercial/retail space and five
outparcels with associated parking and paved areas. Approximately 5.7 acres of wetland would be
impacted with this site plan.
Alternative #6
This alternative included the construction of 274,612 square feet of commercial/retail space and
four outparcels with associated parking and paved areas. Approximately 1.28 acres of wetland
would be impacted with this site plan. This alternative did not provide enough buildable area to
make the project financially feasible.
Conceptual Layout #1
Porter's Neck Crossing 8 of 11 July 23, 2010
This alternative included the construction of 273,864 square feet of commercial/retail space, five
outparcels, and a hotel with associated parking and paved areas. Approximately 2.86 acres of
wetland would be impacted with this site plan. This alternative did not provide enough buildable
area to make the project financially feasible.
Conceptual Layout #2
This alternative included the construction of 311,748 square feet of commercial/retail space, five
outparcels, and a hotel with associated parking and paved areas. Approximately 4.1 acres of wetland
would be impacted with this site plan.
Conceptual Layout #3
This alternative included the construction of 284,025 square feet of commercial/retail space, five
outparcels, and a hotel with associated parking and paved areas. Approximately 3.9 acres of wetland
would be impacted with this site plan. This alternative does not provide the adequate parking ratio
of 4.0 per 1,000 square feet and is therefore not practicable.
[Nppficant's Preferred Alternative (Conceptual Lay
The applicant's intention and need is to develop an economically viable (practicable) multi-resource,
regional shopping center with at least one anchor retailer along with complimentary commercial
services to include retail, restaurant, and hotel uses. Off-site Parcels of were considered, but none
were found to be a practical alternative. Development of the subject property is targeted to serve
the Porter's Neck community as well as the growing US Hwy 17 (Market Street) corridor in
northeast New Hanover County. The center will likely serve the population located 5 miles south
and 10 miles north along US Hwy 17 as well as any future population concentrations along
Interstate 140.
The preferred alternative consists of 284,025 possible retail, five outparcels, and a hotel along with
associated parking and access roads. This will provide a possible total commercial footprint of
approximately 325,000s£ The proposed parking ratio for the preferred project is 4.12 per 1,000sf
(4.39 for Phase II). As previously mentioned, the project location is consistent with the 2006
Wilmington-New Hanover County Joint Coastal Area Management Plan (CAMA plan) by the New
Hanover Planning Department. Development as outlined in the preferred project would create a
boost to the local economy, create an increase in the local tax base, and create approximately 150
Porter's Neck Crossing 9 of 11 July 23, 2010
jobs for the community at a time when job losses are abundant. In addition, the availability and
extension of water and sanitary sewer services and the existing roadway infrastructure at this
intersection substantially reduce collateral impacts.
Potential Environmental Impacts
The proposed project would impact a total of 3.90 acres of wetlands. Of these impacts, only 0.09
acres are to the wetlands in the Carolina Bay Pocosin area with highest functional value. The site
plan was revised from the previous Individual Permit application to minimize the impacts to these
wetlands with the higher value by reducing the building sizes and reducing the proposed parking
ratio. Secondary impacts to wetlands which could occur during and after construction will be
minimized by the implementation of a stormwater management plan and erosion and sedimentation
control plan. The implementation of these plans will reduce the potential for erosion or runoff into
the adjacent wetlands. As previously mentioned, this site is classified on the 2006 CAMA Land
Classification map as transition for the southeast portion and aquifer resource protection for the
northwestern portions. The transition area has the purpose of providing future intensive urban
development on lands that have or will have urban services. The Applicant's Preferred Alternative
complies with North Carolina's approved coastal management program policies and will be
conducted in concurrence with the program. After numerous studies of re-configuration, the
Applicant believes the Preferred Alternative is the Least Environmentally Damaging Practical
Alternative.
PRACTICABILITY - FINANCIAL FEASABILI
The total square footage and number of buildings within the project area is based upon the purchase
price of the properties, development expenses, and the applicant's projected profit margin. The
applicant, ACI, is the current owner of the 53.8 acre site and has leased 15.60 acres to Lowe's Home
Centers for a new Lowe's Home Improvement Warehouse (Phase I). The development cost
including design and construction fees for the roadway improvements, water, sanitary sewer, and
storm water infrastructures which have been incurred as a condition of the rezoning of the Lowe's
tract is approximately $8,944,231. Only the Applicant's Preferred Alternative will allow the
developers to achieve a return on investment between 3% and 5%.
Anticipated Project Development Expenses: Range of Costs:
Total Expenses (Land, Site, Building, and Soft Costs) $14,403,439- $17,321,939
Porter's Neck Crossing 10 of 11 July 23, 2010
Less:
Anticipated Project Revenues: Range:
Net Outlot Revenues- Sale of 5 Outlots: $2,500,000 - $3,500,000
Equals:
Net Anticipated Project Development Expenses: $11.903.439 - $13,821.939
Yearly Cash Flow: Range:
Net Retail Building Revenues (after expenses, principal and interest) $386,995 - $685,190
Return on Investment:
Return on Cost: $386,995/$11,903,439 = 3.25% to $685,190/$13,821,939 = 4.96%
ITIGATION
In order to mitigate for the proposed wetland impacts, a conservation easement will be placed on all
remaining wetlands within the tracts to prohibit any wetland impacts from future development
beyond the request of this permit application. This will permanently protect approximately 13 acres
of wetlands, including the on-site Carolina Bay. The applicant also intends to further compensate
the wetland impacts by purchasing 3.9 acres of wetland credits from an approved mitigation bank or
by payment to the N.C. EEP program, as determined by the USACE and DWQ. The applicant is
aware of the importance of ecosystems and wants to work closely with the USACE, NCDENR, and
NCDCM, to make sure its concerns are addressed.
Porter's Neck Crossing 11 of 11 July 23, 2010
LIST OF FIGURES
Porter's Neck Crossing July 23, 2010
New Hanover County, NC ACI - Pine Ridge, LLC
Figure 1 Vicinity Map
Figure 2A Aerial Map
Figure 2B Topographical Map
Figure 3 Previously Submitted Plan
Figure 4 No Action - Alternate #7
Figure 5 Alternate #1
Figure 6 Alternate #2
Figure 7 Alternate #3
Figure 8 Alternate #4
Figure 9 Alternate #5
Figure 10 Alternate #6
Figure 11 Conceptual Layout #1
Figure 12 Conceptual Layout #2
Figure 13 Conceptual Layout #3
Figure 14 Preferred Project (Conceptual Layout #4)
VICINITY MAP -NOT TO SCALE
FIGURE 1
Aerial Map
53.504 Acres - Subject Property
Wilmington, NC
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