Loading...
HomeMy WebLinkAbout2-20 347 MCO LLCPermit Class NEW , STATE OF NORTH CAROLINA Department of Environmental Quality and a� Coastal Resources Commission V e r m it for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 2-20 Issued to 347 MCO, LLC. 201 North Elm Street, Greensboro, NC 27401 Authorizing development in New Hanover County adi. to the headwaters of Howe Creek, at 347 Military Cutoff Rd., in Wilmington , as requested in the permittee's application dated 7/11/19, including attached workplan drawings (4) Sheets 1-4 of 4 all dated 5/10/19 and the Impervious Calculations dated 9/12/19. This permit, issued on January 2, 2020 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Upland Development 1) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the mixed -use development and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. 2) This permit authorizes only the proposed upland development, as depicted in the attached permit application, project narrative, and workplan drawings. Any other work or development proposed in an Area of Environmental Concern (AEC), including but not limited to the Coastal Shoreline AEC and located within the applicant's property, shall require a review and authorization from the Division of Coastal Management prior to work commencing. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2023 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. /Z/fi e A� Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee 347 51CO LLC. Jr ADDITIONAL CONDITIONS Stormwater Management Permit No. 2-20 Page 2 of 3 3) The Division of Energy, Mineral and Land Resources (DEMLR) has determined this project will require a Stormwater Management permit issued through the City of Wilmington. The permittee shall receive a Stormwater Management permit from the City of Wilmington prior to the initiation of any. construction. Any violation of the permit approved by the City of Wilmington shall be considered a violation of this CAMA permit. Sedimentation and Erosion Control 4) An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this plan to the Division of Energy, Mineral and Land Resources, Land Quality Section, 127 Cardinal Drive Extension, Wilmington, NC 28405. 5) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. 6) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. General 7) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 8) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 9) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including but not limited to any authorizations required from the US Army Corps of Engineers. NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Water Quality Certification 004208 and assigned the project DWR Project No. 2017-1606v2. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. 347. MCO LLC. i' ADDITIONAL CONDITIONS Permit No. 2-20 Page 3 of 3 NOTE: The permittee is advised that if water utilities or new wells are required to service the authorized development, plans and specifications for all. new waterlines should be submitted and approved by the Public Water Supply Section prior to the initiation of construction. Furthermore, water supply wells must be approved by the county in which the subject property is located, and local cross -connection requirements may be required. Public Water Supply can be contacted at (910) 796-7215. NOTE: An application processing fee of $475 was received by DCM for this project. This fee alsc satisfied the Section 401 application processing fee requirements of the Division of Water Resources. I DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: q_ 1"(� u,G Type: (Check all that apply) New _(11C _ Major Mod _ Permit# Minor Mod _ Renewal _ Transfer Permit Coordinator: Field Representative: .30n� �t'cv Date/Time �Message 1��23I(S uS AtC ikro�l� � P r ia��l�5 Out nv,cw iY , PA irk Nod 5iG 14 WIC 1'Ito WPA Svc Il b fJ,lt su use i1�lS DV*, «1e, 11115 - 1 1 q(� ROY COOPER; Governor MICHAEL,S.REGAN seurauy BRAXTON C. DAVIS Dhedur NORTH CAROLINA Emd onmenfutQua(rty July 27, 2020 347 MCO LLC Permit Refinement State Permit No. 2-20 c/o Kim Williams Land Management Group 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 Dear Ms. Williams: This correspondence is with reference to the request you submitted to modify State Permit No. 2-20, which was originally issued to 347 MCO LLC on January 2, 2020 for the development of Carroll at The Avenue. State Permit No. 2-20 is due to expire on December 31, 2023. The action proposed in your submittal consists of changes in the road configuration resulting in impacts to an additional 0.037 acre of jurisdictional channel located between the pond and the existing culvert crossing. The existing jurisdictional pond will be enlarged to contain two islands which will incorporate spa amenities including a pool and walking paths. The proposed jurisdictional impacts are not within the 575' AEC/Ad-ditionally, the impervious area within the 575' AEC is reduced by 16,200 square feet with this refinement (see Sheet 5 dated 6130/20. Due to additional impacts to jurisdictional waters, the applicant has applied for a modification to the Individual Permit SAW-2017.02531 and 401 Water Quality Certification 004208. Pending approval of the USACE permit modifications, the Division of Coastal Management has determined that the proposed action continues to be consistent with existing State rules and regulations and is in keeping with the original purpose and intent of the permit. I hereby submit this Letter of Refinement authorizing the modification of State Permit #2-20, as described in your request and drawing, dated July 24, 2020. By copy of this letter we are notifying the US Army Corps of Engineers and the Division of Water Resources of our action. Please note this refinement does not alleviate the need to obtain any other local, state or federal permits. Sincerely, Tara MacPhers n District Manager Enclosures cc: Wilmington Files USACE Christine Bouffard, NHCo Robb Mairs, DWR Curt Weychert, DCM 370 MCO LLC, Applicant �FQp North Carolina Department ofEnvItunoenml Quality I DIVL4Qn OfCuasuf lanaggnenr Wgmfngton Office 1127 C.ardtnal Drive Extension r WllmingWRNorthC,.arolina 28405 910.79GTL5' / AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: CIP CONSTRUCTION COMPANY Mailing Address: Phone Number. Email Address: 201 NORTH ELM STREET GREENSBORO, NC 27401 336.275.6198 parington@cipconstcom 1 certify that I have authorized Land Management Group Agent/ Conbmdor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits / necessary for the following proposed development at my property located at MILITARY CUTOFF in NEW HANOVER County. CARROLL AT THE AVEN E 1 furthermore certify that / am authorized to grant,. and do in fact grant permission to Division of Coastal Management staff the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: rcJ Roy E Carroll, 11 Print or Type Name President Title 07 126 12020 Date This certification is valid through 12 t31 2021 RECEN D DCM VVILMING ON, NG JUL 2 8 2020 Elks, Katharine 6 From: Williams, Kim <kwilliams@lmgroup.net> Sent: Friday, July 24, 2020 8.46 AM To: MacPherson, Tara; Elks, Katharine B Subject (External] Carroll at the Avenue; New Hanover Co. DCM#2-20 Attachments: Avenue Site Plan Rev 7-23-20.pdf Follow Up Flag: Follow up Flag Status: Flagged Hi Tara and Katharine Earlier this year we obtained a CAMA Major Permit, Individual Permit, and 401 WQC for the 'Carroll at the Avenue' mixed -use project located off of Military Cutoff Rd (DCM #2-20). No work has started on the project. Since the permits were issued, the applicant (347 MCC, LLC) has revised the plan slightly to include a grid road system that promotes better circulation for vehicles and pedestrians. This change in the road configuration will impact 0.037 acre of additional jurisdictional channel (Relatively Permanent Waters) located between the pond and the existing culvert crossing. Additionally, the existing jurisdictional pond will be enlarged and will contain two islands. The total acreage of the pond, however, will remain the same (— 3.4 acres). Because of these additional impacts, we have applied for modifications to the IP and 401 WQC. Note that the jurisdictional impacts will occur outside of the 575' CAMA AEC and the revised plan will have less impervious surface within the AEC. Attached is the revised plan. Per our discussion, it appears these changes to the site plan can be authorized via a Letter of Refinement. Let me know if you need anything else or have any questions about the revisions. Thanks so much! Kim Kim Williams I Environmental Scientist Land Management Group I Environmental Consultants Direct: 910-452-0001 x 1908 1 Cell: 910.471.5035 1 Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15 1 Wilmington, NC 28403 Email: kwilliamstmIrngroun.net I Website: www.ImerouD.ne[ �1 ��/ 1• �000\ < NHW VERIFIED BY DCM •1*.RO\ 575'AEC (ROBB MAIRS, 9ft3/15) ,l_ - % ''-___________ ♦�� O CW�QONSERVARTON �nES OURCE SETBACK ' �,.\ ..��04WETLANDLWE �!;'.•1 \ ' MACCUMBER STATION ROAQ •j '�y�!Ir'�, —�(Ahloa IDa uw-zovnssai a owe r--ED ImP i�osl - - - /G .per / ./�// `•. •••• ORerU,yT ERNE `ti \ I�% �% � 4•y PROFILE MILITARY CUTOFF ROAD • "-`�"'-on • �i :.I '.W S � U OF j r'�' •w / Z• j T K CITY CONSERVATION I '!�. Y° , w _.-__ _ // //• /� / RESOURCESETBACK L� �••E /� / I'J/ / /� . ; • 404 WETLAND LINE OLD MACCUMBER STATION ROAD i PARKING AND M EQ USE BUILDI I EE' ` Q � - //� / EASEMENT LINES APPROVEQSUP / � 576 ORW OFFSET FROM HOWE CREEK I� 1 STORVTWATER FEATURESJ.� j s , E 8TORMWATER SUBMN I v j: •.���! FORDETAILS. I -"- - � I •.•� .+�`I EXISTING PONDANATERS OF THE US. --- I 1 �' ••®;" / �� ��`� j PROPOSED IMPACT. SEE SEPARATE G� ' ••,��, i ! W USAGE IF SUBMITTALIPERMIT FOR DETAILS. ••• / ' iW RECEIVED I/ ••?���.�` �,,.;?` io DCM WILMINGTON, NC :g — � v •,u,u,�a� YYiiri � Lagend NOTES: ^ 1. BASE CAD FILE PROVIDED BY PARAMOUNTE ENGINEERING, INC. m Low aM �nm: Project Boundary �.u.�..�..�� 2 NOT A SURVEYED OR ENGINEERED DRAWWG. * 9 M�m�a yxNsa yq 3. FOR ENVIRONMENTAL PERMITTING ONLY. sn izz 575'AEC — — — — — — uvnma.covvvovs i•.src W4sa.4oa / i / ams xxxnn°a'�.a4e.`sm NO 7s �� l) fs Sn Inn_ pq,egpnwm urtm RPmiee Pbn Uiex aY , vuuvn,e .�ua[ecry ,om._ ar.. mnxwrv'snra,n,n we..,..n.,, i Mn:olW52Abt GSF 2of< CITY CONSERVATION , �` ♦ "�$ ��`• RESOURCE SETBACK �' NHWVERIFIED BY DCM '/ "�` tt ♦� ; .� 575'AEC (ROBB MAIRS, MMISS) 'lMACCUMBER STATION ROAD 1' (T� I� 404 TLAND LINE •.\ Xz I '. PERMITTED IN(PA�TS ♦ ` .,f ,O '. .. j0.47 a5m of 404 wetlands ands-70 LFo6 stream) t .. 1 �; -- I ' I 1 c ♦ 'Rj�rNMo t2t�t 404 WETLANDS ♦ • MILITARY CUTOFF ROAD 1 iMl. ��-��•=� t, ,,. CITY CONSERVATION SETBACK t.�RESOURCE OLD MACCUMBER STATION ROAD ai- t i.'. ADDITIONAL RPW IMPACT: 0.037 acre (1,592 eQ / PROPOSED POND BOUNDARY (3.44 so) Ix 41*, , PERMITTED IMPACT EXISTING POND BOUNDARY (3A7 so) PROPOSED RECEIVED DCM WILMINGTON, NC Legend Project Boundary NOTES: JUL 2 4 2020 � � � � t, SASE CAD FILE PROVIDED By PARAMOUNTE ENGINEERING, INC. r)lmrors>M °•'_ : LMGtl�� RA 575'AEC 2. NOT SURVEYED OR ENGINEERED DRAWING. ® 3. FOR ENVIRONMENTAL PERMITTING ONLY. umwxu:emnGmvr t•=¢prc DiGte.oat 404 Weaantls _ Pro Posed WaOand Impacts �.a-¢yw: w•+V rev. Aq�Fbnvrx o,.nar se.eam,m: V9 Gtfl01—iMFw.p, m my dy Te :e16ViYAI GSFM 5 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: 347 MCO LLC c/o Roy Carroll COUNTY: New Hanover PROJECT NAME: 347 MCO LLC LOCATION OF PROJECT: 349 Military Cutoff rd., Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 9113119 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes CONSISTENCY DETERMINATION: Attached: XXX To Be Forwarded: n/a FIELD REPRESENTATIVE: Patrick Amico DISTRICT OFFICE: Wilmington DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: _10/11/19_ FEE REC'D: $475 (60140) PUBLIC NOTICE REC'D: 1/14/19 END OF NOTICE DATE: 11/4/19 ADJ. RIP. PROP NOTICES REC'D: Ye s DEED REC'D: Yes APPLICATION ASSIGNED TO: _Bodnar ON: _10/11/19 C) 75 DAY DEADLINE: 11/27/19 150 DAY DEADLINE: 2!! Zn HOLDS: MAIL OUT DATE: 10/11/19 STATE DUE DATE: 11/4/19 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Representative DCM — LUP Consistency Determination 17h 6,051 Local Permit Officer 1017y ( ff-r NJc ( sr d Corps of Engineers — Regulatory Branch 101Z3 (4 = t� DWR-401 Section ttWig 2xA7--1W0JZ DWR—PublicWaterSupply W rt rt S 4 DEMLR — Stormwater Management it DEMLR — Sediment and Erosion State Property Office (� Q Wildlife Resources Commission DMF — Shellfish Sanitation Section DMF — Habitat & Enhancement Wl I( DNCR — State Historic Preservation Office DNCR — Natural Heritage Program NCDOT DCA—Rural Economic Development lb LbI q l k RECOMMENDATIONS FOR 347 MCO LLC c/o Roy Carroll 10/4/19 It is the staff's recommendation that the proposed upland development is CONSISTENT with the Rules of 15 NCAC 7H.0209 provided the pervious paver system/green roof receives 100% credit for the BUA proposed as pervious pavers and the total impervious surface area for the lot remains below 25%. This office has no objection to the proposed work, provided it is consistent with all other state and federal permitting requirements. It is recommended that any permit issued should include standard conditions for upland development. RECEIVED OCT 1 4 2019 MP SECTION MHD ROY COOPER , Gor.m,n €. MICHAEL S, REGA.N se'r""' BRAXTON DAVIS NORTH CAROLINA Uinta+v, Pmiv.rn d¢tiu.�r+d L"'vil ownelurri.O wiur Ilnuq„m,b:r October 4, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits.Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Counter11-12-09) gre=bodnar(a)NCDENR.gov SUBJECT: CAMA Applicant: 347 MCC, LLC c% Roy Carroll, 11 Project Location: 349 Military Cutoff Rd., adjacent to Howe Creek in Wilmington, New Hanover County Proposed Project: Construction of a new mixed -use commercial, office and residential development. Please indicate below your agency's position or viewpoint on the proposedproject and return this form to Gregg Bodnaratlheaddressabove by NoVenitier4 2�01j If you have any questions regarding the proposed project, contact. Patrick Amico.at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. I Ples le t2e a�F.cl�ed "Additional comments may be attached"." dow� This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This -agency objects to the project, for reasons described in the attached comments. PRINTiNAME />1a1K & wn RECEIVED TGENCY AE9 Pk6LC Wa♦fi Suppty OCT 1 1 2019 slcluar is Akk &a,,h BAP SECTION MH® jc -It-Iq Slate of North Carolina, I Environmental Quality I Coastal Mmiagement 127 Cardinal Drive Est., Wilmington, NC 28405 919 796 7215 ROY COOPER Commor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director To: From: Subject: Applicant: Project Location: Proposed Project: NORTH CAROLINA Environmental Quality October 11, 2019 Greg Bodnar, NC Division of Coastal Management Mark Brown, NC Public Water Supply, Wilmington Regional Office LAMA Application Review 347 MCO, LLC c% Roy Carroll, ll 349 Military Cutoff Rd., adjacent to Howe Creek in Wilmington, New Hanover County Construction of a new mixed -use commercial, office and residential development Please forward the following comments to the applicant: If applicant plans to conduct any work (re -location, installation, extends utilities, etc...) involving the public water supply system per Title 15A Subchapter 18CSection .0301 Rules Governing Public Water Systems, Plans and Specifications should be submitted and approved by the Public Water Supply Section for all new waterlines prior to construction beginning. This site contained 2 Public Water Supply Wells for the old'Hidden Lakes MHP PWS #NC046S193, it was identified on the old deactivation process for this system that the wells were disconnected but not abandoned. Please be advised if there are no plans to reuse these wells in any fashion outside of Public Water Supply use they may need to be properly abandoned per our rules and regulations. Please also be aware of our separation requirements in regards to water/sewer according to 15A NCAC 18C Section .0906 Rules Governing Public Water Systems. Check with the local water system for cross -connection requirements for this project, Public Water Supply Section guidelines are listed in Appendix B, Figure 2 in the Rules Governing Public Water Systems but the water system may have additional requirements. Feel free to call us at (910) 796-7215, if you have additional questions. RECEIVED OCT 1 1 2019 MP SECTION MH® D_E QJ� North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office i 127 Cardinal Drive Extension Wilmington. North Carolina 28405 vcm. �aac.r,. 910.79G72I5 0 NORTH CAROLINA bivironnental OeaNgP October 4, 2019 MEMORANDUM: FROM: SUBJECT: Applicant: Project Location: Proposed Project: ROY COOPER ( armor MICHAEL S. REGAN Se"!1a'y BRAXTON DAVIS Dirmnrr, Division ofC wsm( A4nnageomnr Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnaKa NCDENR.gov CAMA 347 MCO, LLC c/o Roy Carroll, 11 349 Military Cutoff Rd., adjacent to Howe Creek in Wilmington, New Hanover County Construction of a new mixed -use commercial, office and residential development. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by November 4; 2019? If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. pRINTNAME Shannon Jenkins pGENC_Y NCDMF/Shellfish Sanitation SIGNATURE �`�✓�L+r ���L for Shannon Jenkins bAT 10/14/2019 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ern., Wilmington, NC 29405 919 796 7215 RECEIVED OCT 1 4 2019 MP SECTION MHD Rkeived: 10/14/2010, State,ffistorie Preseryzttilori�MOFER MICHAEL S. REGA14 'BRXX.TWQAV,I.S' October 4, 2019�1 ER 194945 MEMORANDUM. mvt6 usly "reviewed Gregg Bodnar,,Assistant I M ajor Pbrrnits Coordinator, an&61.nied. .I%icbm - Division'of Goa§WWa.ndgement: 400'C§mmerce Ayerim Morehead,City, NC 28567 Fax.252-?47-3330 (Cp,unFer-!1-!j-'60j,-' c reoq . bodnar((pNdbENR.qov _t SUBJECT. CAMA Appkint; 347-MCO, LLC do Roy-Carr611, It Orojict,Locatiofi: .349 Military. Cutoff Rd., adjacent. to Howe Creek in Wilmington, New Hanover County. Prop ment, Proposed:Project:, Construction of.a new mixed-use'commerUal.. oifice anctresidential deyelop PleaseAndicate below agehey's position or vlewpoi.nt.on,the proposed Project and; returnlhi& nrn to 6driaratthe address above by 'N6V6�iV6WZ26§: If - ,you, z fiayeny-questions regarding the proposed project; c6ntact,PbtrIck'Amic6,at (910) 79&7423� when.appropriate, in-depth, comments with,sdpporting data -is requested' REPLY; This.agency has no objection to,the projqcta.s,propqsed., **Additional commeritvnay be attached*. Thls.aQency, has;h6 comment on the,proposedAproject. This agency approves of the project only:if the recom.mended.dhanges are: incorporated: See allached. This!agencY. 'objects to the,project for reasons described in the,attached comments. PRINT_NAME. Renee Gledhill -Earley RECEIVED AGENCY State Historic Preservation, Offide OCT 2 2 2019 SIGNATURE MP SECTION MHD DATE14, 1 .11 9 Swt, ofNorfli C=Ji. I Fn,imluntl Q.dity I C6mat kfumgmml 127Ca,dimlmix Eit.,Wilmi,gion.NC2&405 9197967215: Bodnar, Gregg From: Capito, Rachel A CIV USARMY CESAW (US) <Rachel.A.Capito@usace.army.mil> Sent: Wednesday, October 23, 2019 2:30 PM To: Coburn, Chad Cc: Bodnar, Gregg Subject: [External] RE: CAMA Major Application: 347 MCO, LLC CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.Spam@nc.gov<mailto:report.spam@nc.gov> Hi Chad and Gregg, The Corps is processing this request as a Standard Permit and I am the contact for this project so if you have any questions or concerns please forward them to me. Thanks, Rachel -----Original Message ----- From: Pietila, Tanya K [mailto:tanya.pietila@ncdenr.gov] Sent: Friday, October 11, 2019 10:53 AM To: WilmingtonNCREG <WilmingtonNCREG@usace.army.mil>; Coburn, Chad <chad.coburn@ncdenr.gov>; Montalvo, Sheri A <sheri.montalvo@ncdenr.gov> Cc: Bodnar, Gregg <gregg.bodnar@ncdenr.gov>; Cannon, Amanda 1 <Amanda.Cannon@ncdenr.gov> Subject: CAMA Major Application: 347 MCO, LLC Happy Friday! Please accept this correspondence as the official distribution of CAMA application from 347 MCO, LLC for development in Wilmington, New Hanover County. Attachments include: Field Investigative Report, work plans, comment sheet, and any other documents intended for you. NOTE: Please complete the bottom portion of the comment sheet with your information and signature. NO oversized work plans have been submitted by the applicant For questions or concerns, please contact Gregg Bodnar at greggbodnar@ncdenr.gov <mailto:greggbodnar@ncdenr.gov> or (252) 808-2808 ext. 215. Thank you! Tanya Tanya Pietila Permit Support Specialist ki NC Department of Environmental Quality NC Division of Coastal Management <http://www.nccoastalmanagement.net/> 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7226 Tanya.Pietila@ncdenr.gov <mailto:Tanya.Pietila@ncdenr.gov> E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. ROY'-COOPER Gorenmr '.� MICHAEL;S. REGAN tictaonry +.us;.a+Grrzc!m;a. BRAXTO.N DAVIS - Oirvc:ur, Umurwr ufCri<ural ..-crc. ur rL Aimwgvpeid 'October4, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Divisionof'Coastal Management 400 Commerce. Avenue, Morehead City, NC - 8557 Fax: 252-M7-3330 tCourier 11-12-09) gLegg.bodnargINCDENR gov, SUBJECT: LAMA Applicant: 347 MCO, LLC c/o Roy Carroll, 11 Project Location: 349.10ilitary Cutoff Rd.,. adjacent:to Howe C eek'in Wilmington; New Hanover County Proposed: Project: Construction of a new mixed=use commercial, office and'resideritiai development: Please indicate below, your'agehcys position or viewpointon the proposed projabtand ieturn this form to.Greaa Bodnar at.the-address'iabove by November'4, 2019: Ifyou have any questions regarding the proposed project,. contact Petri ck-Amico at (910) 796-7423 whenaporopriate, in-depth comments with supporting data is requested. REPLY: This agency ,has no objection to the project as''proposed. '"Additional; comments, may be attached" 'This.agency has no comment on the proposed project. This.agency approves -of the project -only if the recommended changes are incorporated. See.attached. This agencyobjects to the projectfor reasons described 'in the attached corrinjents. PRINT 'NAME f"l A r k F e )r 5/ R'"✓ AGENCY, — i " C l� >` .60 /71 AA-11ce 2 r SIGNATURE e4 DATE 10/,,ze /19 Sroo of North Carolina I Enviromenial Quality I Coastal Management 127 Cardinal Drive &i., WIninitoo, NC28405'919 796 7215 RECEIVED IN V OCT 2 g 2019 NIP SECTION WIFI® ROY COOPER -1 MICNAEL S. REGAN i .<e'uxrem BRAXTON DAVIS NORTH CAROLINA lkte.nv. Dmrshm ol'C,,aual Anilrownehro((1tlGlfti' Riamng¢ntn)rl October 4, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnaKa NCDENR.gov SUBJECT' CAMA Applicant: 347 MCO, LLC c% Roy Carroll, li Project Location: 349 Military Cutoff Rd., adjacent to Howe Creek in Wilmington, New Hanover County Proposed Project: Construction of a new mixed -use commercial, office and residential development Please indicate below your agency's position or viewpoint on the ro osed roject and a P P_ return this form to Gregg Bodnarat the address above by November 4, 2019 If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as pro�yosed.-T VIVO w Va� "Additional comments may be attached" -1'0 CP-Zy-5�0 a . This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. 1-2 PRINT NA E nAJ Y YU n 1 Vq %J VtS_ � I RECEIVE® U � A a MCI OCT 2 4 2019 SIGjJdTUR� I � - ��-I - I 9 MP SECTION MHD paw Stare of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilminyaon, NC 28405 919 796 7215 0k,ditt'gia, ce to iso in I bacar}d es WaAm their THXPU 6- �-'VqRgt- 99 RPAM, D* 35 seegridp. vaa podI) pity �o�nci. feet to 0 CT 2 4 2019 pH3a-2 MP SECTION MEN® Wflm mlrjlrg�iq.qfWqs"d Drlvq.P-w SoilthAdegrecs 32 minutes 27 ty� ii4ds ofLoti 2Q, I I - * ' I ooO�ds',W' est 254.76 Delve' .degrees 28,m�,rrtites i7 seconds East 8�12'�'eex to apmnt;�artd.2j,�'HEN,CE,bI'ortt 63 degrees q.6 , Cfiap�I,� southwestern Pvin pr -degroes 2t minutes 4,0 seconds East'74;0p feat to &ti i". iron rod Set, 2 TtNCL. Soutti i8` `j degrees. 1'27Winut§&7q'�ec64ds- -* .N iT' 64-$l' t,;5) TRWM6WA2' d6�edft7 THQ9S6u 08d 24 oe6bxd4Wesi364, 1.4 irbhput setj,5JEN8 E Sar}th: QD degrees' 1 minutes 32 South � degrees,48m5oseoogds 'bnortheast iperty hires of; 4-pv LTC . .(D -516.7, Aggp 1-0864dMCa.rxbeStation Oc �i.oj.�ryr t)t(Dee. Pftgo145) thefolfbwahgfive(5) cotbes�dd distaAceg.. l)-moct goith: - rai63 -degrdes'24 rtiinutes 30 secondsfeet to an P! lrbn. pb! ophd, 3), T lEIX 6 .minutes �Mecon&West 158A. feetta.an 1."Jrph..pia.fou4d; 4)-TMN.CE44offt4l degregs,00 '10 midutes. -29 seconds West,0.48 feet to ironplh,fl ON; and ,5)!,M Nprjh,44Aqucies 27-imInuto 44 seconds We#115.63 feet to ail 4" X* 4", conqf pt6 qioniimedf,,.:b Tlg j4cqtediq.t4 e RECEIVED 0 CT 2 4 2019 PH34-3: MP SECTION MHD I . t easteruima"rguiit eri of -way of said Military Cutoft64dj THENCE with said eastern 0'sight-of 0 'd the'MI&Mg six Q Military Gut6ff, Tbu.4 �Iortti Q0 degrees S3 AXIS minutes +s6poll t$J3,�sts o an existing irdti!p0.degrees 39 :mwqq:09 seconds Easj2j.4$ feet point inuiutes 46,sccqnds' tast. 11.95 feet td'aM 54 dl §,�t66.sl'ft 4tv Ith 04' es05, minutesclegNees 4 7 seconds )rest 423 3;4 feetto a.pomt, and 6) TEI!iC)✓ 1�brEh 01 degrees S9 minutes. , y4l ovet`Fq�mtylPity of. gu **cribo Ilt,this-or ifia"holb6i, 1. Thle'-progow shall be subtext : to A"the:specific°re'qu>remeritostatedir the Land V4'v'0l0p,rAeM Code f6r,thei-wopmeduse the 's ubjeet prapert�* shall comply with all ether lmposed,bycthe LI d D 0410prertOod or mpoppaPit -Vsa rlstitited 4. Tfit�ttse at andiardhi 6;, All: b0aii 7, T6-�deiigt atcliifectif Extexiory zbd W devoldptri 9. Pedestd4 south to''t utidorkiplund suil4ces,44, with all City reV141,61is-. �RYMPPWPADOT 1116-subjectPrOperty shalt,bell aecordsn6 :With the p tills *0A.,� ter assubitilt timap W C An qpprove,umj em,a-23room i .'t§ 14Q;?QQ- f6et of retail space and 16;000 square fi et . of CQ . it th .'I �*s,shajl be; ln'ag�ordan 8_94blktitted aW:64ove& 'lei W1 0-0-ve-gr4a k, t WPAO: 4rrp.0t.wes,4 el*.bthddontdxtibfthe area. Ofpukiqg structures shalllh&desljpe K w! watdr!al§,.col6rq,,.find I qPtter Mptl thty vvtth.4djaccmt IM ationsbheicipartydefined with paying naatgiials andlor landscaping 11001U.411rusesi W vualks' S.. Bloycle'andloinearby! s sha11 be :required. lifectionmi "I heprovided to -.0he no4t6Arborotum.I)rjvo andtorthe Ajacent apaititietitcolitmWty atong-01d-M40CuMber. Station Road, ..stbiinwater. shall "b'e. -managp - d• through:low irapaordevellopment si;efi as ltrati6n use. ofperA di* ious]�4,verqentsandsconnectfon of imneyvintiR OCT 2 4 2019 PHU-4. WiP SECTION MHD 11-The applicant 6ball, work with -W Tra nsit sit.toffiake.tr stop improyernents; 111cludinp, but ot-liftilted at the tin tr 'i - .transit abdUil'itary,C�t�ff_Ro4�o�4t.i"6i)c,a,te'dsto1ii0t , hes S"" 4,tx -t. 11 . .1 � -�. . - ..•- I , - - - , v terior intovimnactedliv 2-4,; 24-� T tfith�Iaudscap4arlomnd the Aibited-within ten.-(j 0)feet bf any the street i,ofland-forzrlghtsmbtway f6r.devd1oper. qvaA} yo.4.quvwuu�. eded oneof tal �c ato t1l t I- protect to ant mll �oss. ,crate to aild ate access point to ad�aeQrEt.prgperEies for t; . 04, pointsidant )JQnjPA .to, _txumbtr.of &* ttees'.reniftiris 11 m sanie as, not be allowed with the Pkbie 4,10gaftil * ess of whether such uge!� 00 ep.,!Qqde,. a Aiqat �o eat _ V. s, b. q6tv(?nic gaming. o. Garbage 091ledidn, piivh-,: d. Gas - 6omp an'te si. a. Kiuiufacittr6d hdm6s, sales. g. Movers, van 11n6, and storage. I. Group -.4oftle-supportive, small, i400iuM, large. j. N't OCT 2 4 2019 VVIP SECTION MHD pflu5 I I Contractor -equipment or s.uplqy deders an I d service,. 1. Contradbl-stor.age yard, n, Graup dad f4cility. or . . IndusthAl'and manufacturing uses greater; than?-terjthousandl (16;0o0). square,f6et. p Motor ve'hl'61edealers,"- — 1 df 14P 11 Ing aQt-,,jj, Wdsibbat'dealen, motorcycles, recreational . . 1. .- cl Q hot, , '& reii&Wal, 11y; RECENED tl;, TownhomO. u,l7atnly ca?(-- Ixome or -group bomb ray sUppq ' ", OCT 2 4 2019 VI: Vbtdhn6*,�sevvic4wi� t*h,: qualos0d petal, X-HWutMM4V,pr*ft4d.".rest ra I au n0s�.. ,' PAP SECTION MHD Y. It"060') squard -fedt.:; Z. Cop-�' storewith gas pumps' ion:dderislty bkwean any twtqategor'Leg. shag not oxcwd te percent (10V 416wibn� For:. :of the approve o'rregU&qpng.d'ensi% deemed e4UaYo P.. a- de'e- qfiMto.1'56b0 .squar�*'&0f anothe,rprogdseddm,6kejo 4tqg6 icM Teridlocat.* of uses requqeto .4 " r'view444*ppraval,.. Flaming Directorare. hereby zuthotized-and directedu,a'( Or the supervision ofthq Oty. Mangget tochangeon . ffiUg, *4p.s off:flle- . in't4p QjM . ce of City is ordl4ance. RMON, 41 That any perSbiti-Vt6liting, the. proVis164ig oftlirs.oxchnatrce, including 'thp- r v app o e site plan„ skull l>e subject to the penalt�es.5et forth in Segttou .l &5 of JLand evel.opm6it SCUM 5.: Any 'prior r'ftorlft fe is proper that it relatedto gu w are k .conflict with this ordinance ArObgebyrepealed t6 fho.extent iotskh cq6pi u RCMN. 6: If.a4y section,- sublettion,,pqr'a�#ap4,,s.pntenee,.cl4usa, phrase: or portion d.th!8 ordizsaneg is £or arty reason -held invalid dtdftd6iisiitutibnatby,,anycourt orrQmpet'en*t ing-shall et the; vah -portions 9Bql0N 7: AapptedA a. That tills ordinaftee I meeting 4- Q FORM: PH3*6- ROY COOPER - •sir' M-ICH'AEL. S. REGAN New e(nry. BRAXTON DAVIS NORTH CAROLINA l frvtwl blvnton oJCna.ruf Elamamneun:! [)iadin, ,Ilonagrmnn October 4, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCD.EQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier711-12-09) pregg. bodnar(5)NCDENR.gov SUBJECT: LAMA Applicant: 347 MCO, LLC clo Roy Carroll, H Project ocation: 349 Military Cutoff Rd., adjacent to. Howe Creek in Wilmington, New Hanover County . Proposed Project: Construction of a new mixed -use commercial, office and residential development Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaq Bodnar at the address above by kovember 4, 2019 If you have any questions regarding, the_ proposed project, contact Patricfi Amico at (910)796-7423 when -appropriate,, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. `*Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the,project only if the recommended changes, are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME___R�T� tt,2.T AGENCY Si_'GNATURE� v DATE RECEIVE® OCT 3 1 2019 FIAP SEECTI®N MFID State of North Carolina I Environmental Quality I Coastal Managernent 127 Cardinal Drive Ext., Wilmington, NC 28405 ,9197967215 '� ROY COOPER _ '!t° (fnvrrnnr MICHAEL S. REGAN BRAXTON DAVIS AIOR � F1 CPf` JL I; ;P' !)imnor. D;v(•inn nr(•o<retn! Fnvnvi.onturn' .p,rh/'' hJanoSumem October 4, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier11-12-09) gregg.bodnarna NCDENRgov SUBJECT: CAMA Applicant: 347 MCO, LLC c% Roy Carroll, 11 Project Location: 349 Military Cutoff Rd., adjacent to Howe Creek in Wilmington; New Hanover County Proposed: Project: Construction of a new mixed -use commercial, office and residential development. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by ovembW ,.20.1.9;i if you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: `� This agency has no objection to the project as proposed. lY "Additional comments may be attached" �rfo�,\Sn yt�" This agency has no comment on the proposed project. _-• This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. ,RINT NAM WO d� � LVi C'r SIGNATURE 1 0 0 ( t - ,1 —2-6t / NOV 5 2019 State afNorth Carolina i linvironmcnlal Quality I Coastal Management WiP SECTION MHD 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 72 15 MEMORANDUM To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, 347 MCO, LLC c/o Roy Carroll, New Hanover County Date: November 7, 2019 CONSISTENCY DETERMINATION: This project is consistent with the 2016 New Hanover County Comprehensive Land use'Plan. The applicant is proposing to construct a new mixed -use development with commercial retail, hotel, office, residential and parking garages. The project is at 349 Military Cutoff Road, adjacent to Howe Creek in New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are Coastal Shoreline - ORW. Waters at the project site are classified as SA-ORW and are not open to the harvesting of shellfish. The area is a Primary Nursery Area. I have reviewed this proposal for consistency with the 2016 New Hanover County Comprehensive Land Use Plan and offer the following comments. The general area of the project is classified as Watershed Resource Protection and Conservation. In general, New Hanover County allows development in Watershed Protection and Conservation classified AECs, which is consistent with the State's minimum use standards. The New Hanover County Comprehensive Land Use Plan contains some policies, which exceed the State's minimum use standards, however none of these policies are applicable to this project. This project appears to be consistent with the 2016 New Hanover County Comprehensive Land Use Plan. Cc: File RECEIVED NOV 5 2019 MP SECTION MHD a NORTH CAPOLIR11a October4,' oig. MEMORANDUM `FROM: SUBJECT: Applicant: Project Location: P roposed Project: n Gregg Bc NCDEQ 4010 Coml Fax: 252-. CAMA 347 MOO, 340 Military New Hanov Please indicate below haves'any questions regarding'the prc When appropriate, in-depth comment REPLY: This agency *"Additional This agency This agency This h GENGY SIGNATURE DATE ROY COOPER G 'n:or MICHAEL S. REGAN BRAXTON DAMS Dfnnpal; ?3te,.tin:r�J'G'trc5hr! :14vsg�rivc,if r, Assistant Major Permits.Coordinator ;ion of Coastal' Management a Avenue, Morehead City,, NO 28557 n23b-eCourier fi-92-09) c% Roy Carroll, It Dif Rd., adjacent to:Howe Creek in Wiflinirigton, a new:mNed-use commercial, office, and -residential development s position or viewpoint on the peopo5ed,project.and' the address above by November42099. If you iosed project, contact Patrick•.Amico at'(910) 796-7423 with supporting data is.requested. lo:objection to the project:as proposed. lentsmay be attached** locomment on the proposed. project, oves.of the project.only::if the recommended changes see attached. is to the project for reasons described in the attached comments. NOV 1 8 2019 faP SECTION MHD Cmal'ma i Enolw=ental Quality i.Coastal Maoagement, aal DriveExt:, Wilmington, NC 29405 9197967215, NORTH CAROLINA Emu onmemtol QuAti: October 4, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg. bodnar(a)NCDEN R.gov SUBJECT: CAMA ROY COOPER Gawnu, MICHAEL S. REGAN Secamq, BRAXTON DAVIS Direanrc, Di�ision nlCnuau! dlnnngenaml Applicant: 347 MCO, LLC c% Roy Carroll, 11 Project Location: 349 Military Cutoff Rd., adjacent to Howe Creek in Wilmington, New Hanover County Proposed Project: Construction of a new mixed -use commercial, office and residential development Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by N vo ember 4, 20ff! If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. X This agency approves of the project only if the recommended changes are incorporated. See: Erosion & sediment control and Stormwater application and approval is necessary prior to commencement of this project. This agency objects to the project for reasons described in the attached comments. PRINT NAME Dan Sams AGENCY DEMLR RECEIVED � . NOV 1 8 2019 �.kf VIP SECTION MHO DATE Nov 15, 2019 Stale of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER 0"erlor 347 MCO, LLC ATTN: Mr. Roy Carroll, II 201 North Elm Street Greensboro, NC 27401 NORTH CAROLINA Envtronmentol Quality December 6, 2019 DWR # 20171606v2 New Hanover County Subject: APPROVAL OF INDIVIDUAL 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Carroll at the Avenue USACE Action ID. No. SAW-2017-02531 Dear Mr. Carroll: Attached hereto is a copy of No. WQC004208 issued to Mr. Roy Carroll, II and 347 MCO, LLC, dated December 6, 2019. This Certification replaces the Certification issued on March 19, 2018. Please note that you should get any other federal, state or local permits before proceeding with the subject project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. R V ED DEC 1 8 2CJ19 D��,., North Carolina Department or Envlronmmtal Quality l Division ofl ;rRR s CT10N WD �J�/p 512 North Salisbury Street I I617 Mail Service Center I Raleigh. North Carolina 27699 1617 + .Ta.ier, 919.7079000 cirf6ll at the -Avenue DWR Ftrojed #2617166M Individual CertificatiomOMI0004268 Page Zof7, MaiiingJddress fbithe.0AHn If sending,via'US Postal Service: If sending via delivery, service (UPS,, FedEx, e Offfce-OiAdin'l-n"istraifvo-Hearing_ s. Office of Administrative Hearings $714 Mail Service Center 17.11, New K6gd Church Road. Raleigh, KC27699-6714 Raleigh, NC 2760M'-285 One'(1) copV, of the petition must also.be-served,to DEQ.. William F. Lane, General Counsel-, Department,of Environm..ental Quality 1601'Mail Service Center Rale - Igh,'NC 27655r',1601 Unless 'such arppiltion is'filedi-ilhi§.Certification shall be finaLand binding This certification compl6tesAhe'reviewof the, Division under soctibri 461'df the Cleari Water Act. and'.1sA km 02H .0500. Contact Paul W6joski.at,9197707-.3431 or Paul.WoFqskWDncdlerii.ko if you have adV;quetticins at concerns,. Sincerely; MOc Haupt;. pSupervisor' 4.01 & guffer r Perm I ittipig,13rarf-ch, cc: Kim. Williams, Land Mana ementGro p (%Ap email); Rzfphel.Ciapito, LISACE-Wilmington Regulator Field Office (via -email) todd.13owers, EPA; (via email)' QW11401 & Buffee, Permitting Branch file I'llenime: 171606v2CarrollatTheAvenue(New—Hahover)401_IC DEC 1 8 2019 RIP SECTION MHD Carroll at the Avenue DWR Project.#20171606v2 Individual Certification JfMiC66069 Page 3 of 7. NORTH CAROUNA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC004208is issued inconformity with the requirements of Section 401„ Public Laws92-500 _and 95-217'6f the -United] and subject to North Carolina's Regulations in 15' NCAC.02H;.0500'to Mr. Roy -Carroll, II and 347191C.Q. CLC; who: have authorization for the impact& listed below, as described within your application received by theAC.' Division ofMater Resources,(Division) on,INay 2$, 2019 and'subsequent information onseptember 27, 2015 and December°5,,2019 and by Public°.Not'ice°issued by the: U. S: Army Corps of Engineers -and received by. the Division on June 13, 2019. The State of'North Carolina certifies'thatthis.activityw 11 not violate'the applicable.portions of Sections 301, 302, 303, 306, 307;of the�Public Laws 92-500'and PL95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter.set forth. This approval requires you to foliowthe. conditions listed in the certification below. Conditions of Certification: 1': The following impacts are hereby approved provided that.all of the other'specific and general conditions of the Certification are met: No other impacts are'approved, including` incidental impacts.. [15A;NCAC 02H .0506(b) and/or (c)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary 404/401.Wetlands Wetland Impact 1 _ 0.44 (acres) 0.0 (acres) Wetland Impact 2 0:03 (acres) 0.0 (acres) Stream Stream Impact 1 70 (linear feet) 0,:0 (linear feet) Open Waters* Sutton Lake and Intake Canal/Bay 3.41(acres) 0.0 (acres) *Open Water Impact's are limited to; conversion'of'open w6ter, but will contihue to function as open water.. 2. This approval is ff)r the purpose„and design described in,your application and as described.irr the Public Notice. The plans and specifications for.this:project are incorporated by "reference. and are an enforceable part of the Certification. Any.mo.difications t0 the. project. require notification to DWR and may require an application submittal to. DWR with.the appropriate fee. [15A NCAC 02H .0501 and .05021 RECEIVED DEC 1 g 2019 MP SECTION MWD Carroll at.the Avenue DWR Project #20171606V2 IndividuaMertification #WQC004208 Pag2 46f7 3. Beczibs6 th6'storthWatee-maiiagpmdnt-'Ol'ah,apoibVed,bVthe City of Wilmington is being used to meet diffuse flow and ifutrient treatment requirements.on this project, you are required, to`submita digital copy.ofthe approved stormwater management plan (SMP) including'p[an details.on scaled plan sheets with proof of the:City s approval. The approved SMP shall.be submitted' to Paul ,Wojoski of- the DWR 401 and Buffer Permitting Blanch at Pau LWo*oski@ncdenr.Aov);before:anyimpacts authorized"inthiscertificationoccur! Afterit: is -approved; the Sfv1P. may not:be modified without'priorwritten.a_uiborization-from-the City of Wilmington. If modified; a digital`copy of -the approval letter'and the modified SMp shall. also, be submitted to the, DWR.401 & Buffer Permitting Branch (at the;ema"il address above)' prior to;the commencement of t-he, modifications; 4., No; waste; spoil, solids, or fill' of any kind shall: occur, in wetlands or waters beyond the: footprint ofthe'impacts jincludin'g temporary impacts) as authorized underthisCertification; (15A,NCAC 02H .05.01'and .0502) 5. All construction activities shall be performed" and maintained in full; compliance with GcS: Chapter.113A Article 4.:(Sediment and Pollution. Control. Act of 1973)and with ihe.C.oal Ash Management Act of 2014. Sediment and: erosion control measures should be_insfalled prior to any land` clearing; or construction. These measures should be, routinely inspected and properly maintained, Excessive silt and sediment loads can have' numerous detrimental effects on aquatic resources'including destruction'of spawning habitat, suffocation of eggs, and clogging of gills of aquatic species. 6: Sediment: and erosion ,control measures.sfiall, not be; placed .in wetlands -or waters except withinthe_footprint of temporary" or permanentimpactsauthorized under this Certification. [1sA NCAc 02H .0501 and .05021 7. Erosion control matting'that incorporates plastic mesh and/or plastic twine -shall not be. used along strearnbanks or within wetlands: [15A NCAC 02B .0201j 8. Turbidity Standard -The turbidity standard of 50 NTUsJINiep-helometric Turbidity Units) shall not be,exceeded as described.in15A NCAC 02B .0220.ApPropriate sediinent;and. erosion control practices must be used to meetthis standard, Turbidity curtains shall be used as appropriate,;Please notify#he: Wilmington Regional Off ce=at (910) 796-7215,if any turbidityssues arise: EC.EEVE® DEC 1 8 2019 PAP SECTION MHD COH,611-at the :Avenue DWR Project#1611166M Individual Certification &(N t)O 68 ;Page 5'of 7 4: An. NPDES Construciion.Stormwater Permit (NCG010000J is requiredfor construction; projects that disturb one (1).or more acres of land.. The NCG010000 Permit allows stormwaterto be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If.the project is covered.by this permit, full compliance with permit conditions' including the erosion & sedimentation control plan,, inspections and maintenance, self -monitoring, record keeping and reportm&requiremen_ts is required; [15A NCAC`02H .0506(b)(5) and (c)(5)] 10. All work-in or adjacent to streams shall 0e conducted so that "the -flowing stream does,not come in contact with the &turbed area. Approved best management.practices from the most currentyersionofthe AfC$edimentandErosion Control Manual, orthe NC. DOT Construction' and Maintenance Activities Manual, such as sandbags; rock berrns;,cofferdams, andother''diversion structures'shall be:used to minimize' excavation In flowing'Watee. (15A 1 CAL 021­1' ..b506(b)(3) and (c)(3)) 11.-Application of fertilizer to establish planted%seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall.comply with all other Federal,State:and Local regulations: Fertilizer application shall be accomplished in a manner that minimizes the risk of`contact between the fertilizer and surface, waters. [15A NCAC:02B .0200 and 15A NCACO2B.0231] 12. If concrete is used during construction; then all;necessary measures shall be tak6rfto prevent direct contact between uncured Pr curing concrete and waters of the state. Water that inadvertently contacts uncured, concrete;shall not be discharged to waters of the state. [15A NCAC'02B .0200] 13. All mechanized equipment operated near surface waters.shallbe inspected and maintained regularly to prevent`contamination of surface waters from fuels, lubricants, hydraulic fluids,, or other toxic materials. Construction shall be staged in order to minimizetheexposure of equipmeritAo surface waters to the maximum extent practicable. Fueling,; lubrication and general equipment maintenance shall not take place within 50 feet of a waterbody' or wetlands to prevent contamination by fuels -and oils. [15A,.NCAC 02H .0506(b)(3) and (c)(3)' and 15A NCAC 02B .0211(12)) 14. Heavy equipment, working in wetlands shall be placed on mats, or other measures shall'be. taken to,miniimize soil disturbance. 115A NCAC 02H.0 506(b)(3) and (c)(3)] 15. In accordance with 143-215M(b), the applicant shall report any petroleum spill of 25 gallons: or more; any spill regardless of amount that causes a sheen on surface waters, any petroleum spill regardless- of'amount occurring Within 100.'feet of "surface waters; and any petroleum spill less than 25ga1(onsthatcannot be cleaned up within 24 hours. C OVED DEC 1 g 2019 MP SECTION MHD Carrolfatthe Avenue bwR: Project 1t26111666v2 Individual.Certification MQC004208 Page6'of7 16. The•permittee shall reporfto:the Wilmington Regional.Office at (910) 796-7215 (after hours and on'weekends'call 877d623-6748) any noncompliance -With this certification, any violation of stream or wetland standards [35ANCAC 026.0200] including but not limited to sediment ,impacts '[15A,NCAC 0290200]. Information shall be provided orally within ':24 hours (or the next: business day_ if a weekend.or holiday) from theaimethe. applicant became aware of the circumstances:. A written submission shall also. be provided,withln S.business days of the time, the applicant becomes aware of the c rcumstances.'The writtensubmissionshall contain a description of the noncompliance; and'its causes; the period of: noncompliance; including exact dates and -times; if'the noncompliance has not beencorrected, the anticipated time compliance is expected: to' continue; and steps taken. it planned to: reduce; ellminate, and - prevent reoccurrence ofthe noncompliance. The Division may waive the written submission requirement on a case -by -case basis 17. Mr. Roy Carroll, II and-347 MCC, LLC shall conduct construction activities.in a manner consistent with State water quality standards (including anyrequirements.resulting from compliance with section 303(d)=of the Clean Water Act) and any other appropriate requirements of State and Federal law. [15A NCAC.02B .02001 If the Division determines that such standards or laws are not being met (includingahe failure to sustain a designated or achieved use) orthat State or federal law is being violated, or that further, conditions.are necessary to assure compliance, the. Division may reevaluate and modify this Certification. Before modifying the Certification, the Division shall notify Mr. Roy Carroll ,Jl and 347 MCO,. LLC and the U.S..Army Carps;of Engineers, provide public notice.in accordance with 15A NCAC 02H .0503 and provide. opportunity for public hearing in accordance with 15A NCACO2H 0504. Any new or revised coiiditions,shall be provided to. Mr. Roy Carroll, (Land 347 MCO, LLC in writing, shall be provided totheU.S'. Ariny Corps of Engineers for reference in any Permit issued pursuant to. Section 404 of the Clean Water -Act, and shall also become conditions of the 404 Permit for the project., 18. Upon completiomof all permitted, impacts included within the approval and any.subsequent, modifications, the applicant shall be required to return a certificate of completion (available on the DWRwebsite hftps://edocs:deg.nc.goy/Forms/Certificate=of-Completion), [15A NCAC 02H .0502(f)] . 19. If.the property -or project is sold or transferred, the new Permittee shall be,given, a copy of this Certification (and written authorization if applicable) and is responsible for complying with all conditions. [15A NCAC 02H .0501 and .0502] 20. This Certification does not relieve the applicant of the responsibility to'obtain all other required Federal, State, or Local approvals before proceeding with the project,.including those required by, but not limited to Sedirnent and Erosion Control,, Non -Discharge, Water Supply Watershed,.and Trout Buffer regulations: C E WE DEC 1 8 2019 RAP SECTION MI e® Carroll at the Avenue D W R. Projec, t,#20171606v2 Individual{ertification #WQC004208 Page 7 oO, 21. This. Certification neither grants nor affirms any property right, license, or priviiege.in any waters, or any right of use in+an_y waters. This; Certification does not authorize any person to interfere with the riparian rights,, littoral rights,, or water use rights of any other person and this Certification does, not create any prescriptive right or any right of priority, regarding any usage of water. This Certification shall not be interposed as: a defense in any action respecting the determination'of noarian'or littoral rights or other rights:to water use. No consumptive user is deemed byvirtui-of'this.Certifiication to possess any prescriptive ercother right'of 'priority with respect to any other consumptive user regardless of the "quantity of the withdrawal or the "date on which the withdrawal was initiated orexpanded. 22. This certification grants permission to -the director, an authorized representative of`the. Director, or DEQsfaff; upon the presentation of proper credentials, -to enterthe property during normal business hours. [15A NCAC 02H .0502(e)] 23. Non-compliancewith or violation of, the conditions herein set forth by a specific project: may resultirrrevocation-of this Certification for the project and may also result in criminal and/or civil penalties.. This -approval to -proceed with your proposed impacts or to: conduct.impacts to. waters; as depicted in your application shall expire upon expiration of the 404.or CAMA Permit. The conditions in effect on the date of issuance shall remain in'effectforthe life of the project, -regardless of the expiration date of this Certificatiom,[15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506] pow WQt004208 This the 6t^ Day of December2019 Mac Haupt,.Acting Supervisor 401 & Buffer Permitting Branch RECEIVE DEC 1 8 2019 DCM Coordinator:] Permit #: MAILING DISTRIBUTION SHEET Permittee: Agents: DCM Field Offices Elizabeth City Washington I (with revised work plan drawings) Morehead City Wilmington ?.+,'dz_ (OBJECTIONS ) ic.,r4 US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Jordan Jessup (TBD) Greg Curry (TBD) Liz Hair (Carteret, Onslow, Pender) Pat w,1 • Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley at Env ironmental.Review@nedcr.gov Heidi Cox (W IRO) Curt Weychert David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalyo / Shelton Sullivem Clif Whitfield (WARD) Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Wildlife Resources: Natural Heritage Program mom -- "N(yl- _Robb Mairs — 401 (Carteret, Onslow, Pender) Chad Coburn — 401 (Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Maria Dunn (WAROM Rodney Butler ��lu_ � ,T IVIINtI (NCDOT)Travis Wilson 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (it applicable) 347 MCO, LLC Carroll at the Avenue Applicant 1: First Name MI Last Name Roy E Carroll, II Applicant 2: First Name MI Last Name NA NA NA If addrtionai applicants. please attach art adolbonal pagets) with names listed Mailing Address PO Box City State 201 North Elm Street Greensboro NC ZIP Country Phone No. FAX No. 27401 USA 336-274-8531 NA Street Address (if different from above) City State ZIP NA Email NA 2. Agent/ContractorInformation Business Name Land Management Group AgentJ Contractor 1: First Name MI Last Name Greg Finch Agent/ Contractor 2. First Name MI Last Name Christian Preziosi Mailing Address PO Box City State 3805 Wrightsville Avenue, Suite 15 Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910-452-0001 aid. NA NA aid. NA FAX No. Contractor f NA NA Street Address (d dMenenf from above) City State ZIP NA Email afinchOlmorouo.neL corezioa dlmorouo.net LAMA Permit Application for Major Development — May 2019 Carroll at the Avenue Wilmington, New Hanover County, North Carolina RECEIVED MAY 2 4 2019 1 DCM WILMINGTON, NC RECEIVED OCT 1 1 2019 DCM-MHD CITY I Project Location County (can be multiple) Street Address State Rd. p New Hanover 349 Military Cutoff Road NA SubdhAsion Name city State Zip NA Wilmington NC 28405 Phone No. Lot No.(s) (if many, attach additional page with list) NA NA a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Howe Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade ❑Unknowrh AIWW and Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ONO work falls within. City of Wilmington 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.fL) NA 44.5 aci es c. Size of individual lots) d. Approximate elevation of tract above NHW (normal high water) or NA NWL (normal water level) (If many lot sizes, please affach additional page with a list) 10-26 NNHW or ❑NWL e. Vegetation on tract Lawn grasses and natural upland and 404 wetland vegetation. f. Man-made features and uses now on tract The site is currently used as a mobile home park with 51 mobile homes associated roads and driveways, three commercial buildings and residential homes. g. Identify and describe the existing land uses adlacent to the proposed project site. High density mul0-family residential, business, commercial and single family residential. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? UMX (CD) (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. Oyes ®No ❑PIA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a National ❑Yes ONO ❑NA Register listed or eligible property? CAMA Permit Application for Major Development — May 2019 Carroll at the Avenue Wilmington, New Hanover County, North Carolina RECEIVED SEP 13 2019 RECEIVED DCM WILMINGTON, NC OCT 11 2019 DCM-MHD CITY m. (I) Are there wetlands on the site? ®Yes ONO (it) Are there coastal wetlands on the site? Oyes ONO (III) It yes to either (i) or (it) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Municipal o. Describe existing drinking water supply source. Municipal p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Govemment OPrivaterommunity, b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the project is to redevelop the site from a mobile home park to a mixed -use development with commercial and residential uses. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Typical construction methodologies for site development and building construction. d. List all development activities you propose. Removal of the existing mobile home park and associated roadways and utilities. Construction of the mixed -use development as approved by the City Special Use Plan. Construction of associated stormwater BMP's and infrastructure. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? 33.3 ❑Sq.Ft or ®Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ONO ®NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No new discharges. See stormwater submitlal/permit for details. I. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA J. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. RECEIVED LAMA Permit Application for Major Development — May 2019 Carroll at the Avenue SEP 13 2019 REgEIVED Wilmington, New Hanover County, North Carolina DCM WILMINGTON, NC OCT 11 2019 DCM-MHD CITY 6. Addidonallnfoanadon In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (t) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the requited items below a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, dearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant doims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Phone No. NA Address Name Phone No. NA Address Name Phone No. Address Name Phone No. NA Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennittee, and issuing dates. Action IDtl SAW-2017-02531 & DWR Project 2017-1606 It. Signed consultant or agent authorization form, If applicable. I. Wetland delineation. if necessary. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. I I3A 1-10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date: 7/11/ Signature Please Indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ®DCM MP-3 Upland Development ❑DCM MP-4 Structures Information CAMA Permit Application for Major Development — May 2019 Carroll at the Avenue Wilmington, New Hanover County, North Carolina ❑DCM MP-5 Bridges and Culverts RECEIVED jr P 1 3 l019 RECEIVED 4 DCM WILMINGTON, NC OCT 11 2019 DCM-MHD CITY 2. Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) GENERAL UPLAND DEVELOPMENT I a. Type and number of buildings, facilities, units or structures proposed 10 buildings and 3 parking garages. See Section 3.1, c. Density (give the number of residential units and the units per acre). 517 units, 11.6/acre e. If the proposed project will disturb more than one acre of land. the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable. has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Dyes ®No ❑NA (ii) If yes, list the dale submitted: Pending g. Give the percentage of the Iraq within the coastal shoreline AEC to be cowered by impervious and/or built -upon surfaces, such as pavement. building, rooftops. or to be used for vehicular driveways or parking. 25% i. Give the percentage of the entire Iraq to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 42.6% i. Describe proposed method of sewage disposal. Municipal sewer I. Describe location and type of Proposed discharges to waters of the state (e-g., surface runoff, sanitary wastewater, industrial/ commercial effluent, Wash down' and residential discharges). Surface runoff m. Describe proposed drinking water supply source (e.g., well, community. public system, etc.) Municipal water b. Number of Ids or parcels. 6 d. Size of area to be graded, filled, or disturbed including roads. ditches, etc. 33.3 ac. I. List the materials (such as mad paver stone, asphalt. or concrete) to nd used for impervious surfaces. Asphalt, concrete, paver stone. h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes ®No ❑NA (ii) If yes, list the date submitted Pending k. Have the facilities descnbed in Item (1) received stale or local approval? []Yes ONO ❑NA If yes, attach appropriate documenlalion. in Does the proposed project include an innovative stoenwater design? ❑Yes ®No ❑NA If yes, attach appropriate documentation. n. (1) Will water be impounded? ❑Yes ®No ❑NA (ii) If yes, how many acres? RECEIVED MAY 2 4 2019 DCM WILMINGTON, NC CEIVED OCT 11 2019 DCM-MHD CITY o. When was the lolls) platted and recorded? p. If proposed development is a subdivision, will additional utilities be Prior to 1965 installed for this upland development? []Yes []No MNA 7/1112019 Datc Carroll at the Avenue Project Name 347 MCO, LLC Applicant Name 9"Alk" PAMl14Np Agent, Land Management Group RECEIVED SEP 13 2019 RECEIVED DCM WILMINGTON, NC OCT 11 2019 DCM-MHD CITY M Project Name: The Avenue Client: CIP Project Number: 19473.PE Prepared By: AEC Checked By: RPS Last Updated: 9/12/19 Calculations within 575' LAMA Line Area Calculations Land Use Asphalt/Roadway (C&G)/Parking Concrete / Sidewalks PARAMOUNTE SF Acres (AC) - 0.00 2,943 0.07 61,980 1.42 Area = 251,352 SF Allowed Impervious (25%l = 62,339 SF Proposed BUA=-SF Pervious Pavement or Green Roof Required = 2,065 SF 5.77 AC 1.44 AC 1.49 AC 0.05 AC RECEIVED OCT 11 2019 Dr►4-MHD CITY RECEIVED SEP 16 2019 DCM WILMINGTON, NC ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary BRAXTON C. DAVIS IXrector November 25, 2019 347 MCO LLC. Roy Carroll II 201 North Elm St. Greensboro, NC 27401 I�Z:FTi�� This letter is in reference to the application submitted for a Coastal Area Management Act Major Permit to undertake development to construct a mixed -use development, in New Hanover County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make February 10, 2020 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Cc: DCM Wilmington Greg Finch, LMG (via email) Sincerely, Gregory . Bodnaz Assistant Major Permits Coordinator ODE � North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 2SZ8082808 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: 347 MCO, LLC c/o Roy Carroll 2. LOCATION OF PROJECT SITE: 349 Military Cutoff Road, adjacwt to Howe Creek, in New Hanover County Latitude: 34*1 5'04.23"N Longitude:77°49'.24.56"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Date of Site Visit — 9/25/19 Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 05/27/19 (initial), 09/13/19 (completed) Office— Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification from LUP — Watershed Resource Protection (Upland), Conservation (Open Water) (B) AEC(s) Involved: ORW — Coastal Shoreline (C) Water Dependent: No (D) Intended Use: Commercial, Residential (E) Wastewater Treatment: Existing — municipal Planned — municipal (F) Type of Structures: Existing — 51 mobile homes with associated roads/driveways, 3 commercial buildings, and residential homes Planned — high -density multi -family residential, business, commercial, and single family residential (G) Estimated Annual Rate of Erosion: N/A Source - NIA HABITAT DESCRIPTION: [AREA] (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (Open water (C) Other- Upland Disturbance 33.3 acres (D) Total Area Disturbed: 33.3 acres (E) Primary Nursery Area: Yes (F) Water Classification: SA-ORW Open: No 8. PROJECT SUMMARY: The applicant proposes to construct new mixed -use development in the Coastal Shoreline— Outstanding Resource Water (ORW) Area of Environmental Concern (AEC) with commercial retail, hotel, office, residential units, and parking garages. RECEIVED OCT 11 Z019 - DCM-MHD CITY MCO, LLC c/o Roy Carroll H Page 2 9. PROJECT DESCRIPTION: The project site is located at 349 Military Cutoff Road, adjacent to Howe Creek, in New Hanover County. To locate the property from Market Street (NC Highway 17), head southeast on N Cardinal Drive toward Vision Drive for approximately 0.5 miles and turn left on Eastwood Road. Travel for 1.8 miles and turn left on Military Cutoff Road. Travel 1.7 miles and the property of interest is on the right. The property is approximately 44.5 acres and is approximately 10-26' above normal high water (NHW). The property area consists of six (6) parcels that are mostly developed. The parcel along Military Cutoff Road is developed with three (3) commercial buildings. The parcel directly behind the aforementioned parcel is Hidden Lakes Mobile Home Park which consists of 51 mobile homes. Two of the three smaller parcels located in the northern area of the site currently contain single family homes. The other parcel is undeveloped and forested. A utility easement runs along the eastern property boundary. Vegetation on the tract consists of lawn grasses, native upland species, and 404 wetland vegetation. A delineation was conducted in 2015 and 2016 by Huysman and Bandy, Inc. which was approved by the US Army Corps of Engineers on March 16, 2018 (Action ID SAW-2017-02531). There are 5.2 acres of 404 wetlands and 1,600 linear feet of stream channel. There are also two jurisdictional ponds and one non jurisdictional pond (see Sheet 1 of 4). There appear to be no Coastal Wetlands in the project area - The City of Wilmington/New Hanover County 2006 Land Use Plan classifies adjacent waters as Conservation, and the A acent high ground portion of the project area as Watershed Resource Protection. The waters of the Howe Creek are classified SA-ORW by the Division of Water Resources. The open water area is designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to construct new mixed -use development in the Coastal Shoreline — Outstanding Resource Water (ORW) Area of Environmental Concern (AEC) with commercial retail, hotel, office, residential units, and parking garages. There are no water dependent structures or impacts to open water areas or Coastal Wetlands. Upland development would consist of ten (10) building and three (3) parking garages, with two (2) outparcels. There would also be 435 associated parking spaces. A portion of the proposed upland development falls within the 575' Coastal Shoreline ORW AEC, which consists of a portion of building #9 (see Sheet 3 of 4). The total built upon area in the 575' AEC would be 64,923 ft , and the total impervious surface in the AEC would be 62,838 e, which would be a total of 25% impervious in the AEC area. Within the 575' AEC there would be 2,085 ft of pervious pavers/green roof which the application states would be 100% pervious. The applicant states there would be impacts to a 3.4 acre open water pond to convert it to stormwater use. The application also states that impacts to 0.47 acres and 70 linear feet of stream were previously authorized for road crossings and general site development (Action ID #SAW-2017-02531 and DWR Project 2017-1606). The application states that an Individual Permit (IP) has been submitted to the US Army Corps of Engineers for the proposed impacts and development related to the 3.4-acre pond (see Sheet 2 of 4). The application includes a breakdown of the building uses, height, and square footage as well as parking details (see Narrative). RECEIVED OCT 1 1 2019 DCM-MHD CITY 10. ANTICIPATED IMPACTS: The proposed new development would disturb approximately 33.3 acres of the 44.5-acre project area. The total impervious area would be 42.8%, but the application states that the area inside the 575' AEC would be limited to 25%. The total built upon area in the 575' AEC would be 64,923 ftz, and the total impervious surface in the AEC would be 62,838 W, which would be a total of 25% impervious in the AEC area. The total area of pervious pavers/green roof would be 2,085 W. The application states that there would be impacts to a 3.4 acre area associated with an open water pond; this action is associated with a separate application for a USACE Individual Permit. The application states that runoff to Howe Creek would be minimized through the use of pervious pavers and/or pervious concrete and through the use of wet detention basins (see Narrative). The application notes that previous impacts to 0.47 acres of 404 wetlands and.70 LF of stream impacts were previously authorized for road crossings and general site development (Action ID# SAW-2017-02531 & DWR Project 2017-1606). Submitted by: Patrick Amico Date: 10/4/19 Office: Wilmington RECEIVED OCT 11 2019 DCM-MHD CITY 3. DCM MP-1 Section 6.0 Additional Information 3.1 Section 6. a. Project Narrative The proposed development is situated on a 44.5-acre site that is located at 349 Military Cutoff Road, between Old Maccumber Station Road and East Westwood Road and adjacent to Howe Creek in Wilmington, New Hanover County. The project area consists of six (6) separate parcels that are mostly developed. The parcel located along Military Cutoff Road contains three commercial buildings with associated parking areas. The parcel located behind it is the Hidden Lakes Mobile Home Park, which has 51 mobile units. Two of the three small parcels located in the northern part of the site currently contain residential homes. The other parcel is undeveloped and forested. A utility easement runs along the eastern property boundary. Surrounding land use consists of a mix of residential development and undeveloped and forested land to the north and east, with commercial development to the south. Military Cutoff Road is located along the western project boundary and Howe Creek along the eastern. A mix of residential and commercial development is located west of the road. A site delineation of 404 wetlands for the project area was performed by Huysman & Bandy, Inc. in 2015 and 2016. The delineation was approved by Mr. Brennan Dooley of the U.S. Army Corps of Engineers on March 16, 2018 (Action ID# SAW- 2017-02531). The project area contains 5.2 acres of 404 wetlands and 1,600 LF of stream channel (UT of Howe Creek). Additionally, two jurisdictional ponds are located on site; a smaller one adjacent to the stream in the northern part of the site and a larger one in the southern part of the site. A non -jurisdictional stormwater pond is located in the center of the site and mobile homes are situated around it. The proposed project consists of a mixed -use development with commercial retail, hospitality (hotel), office, residential units and parking garages. The residential units will be located above the commercial space throughout the proposed development. Ten (10) buildings and three (3) parking garages are proposed. Two (2) outparcels are also planned. Total proposed impacts are to 3.4 acres of an open water pond in order to convert the pond to stormwater use. Note that impacts to 0.47 acre of wetlands and 70 LF of stream were previously authorized for road crossings and general site development (Action ID# SAW-2017-02531 & DWR Project 2017-1606). A separate USACE Individual Permit (IP) has been submitted to the USACE for the proposed 3.4-acre open water (Waters of the US) impact. Table 2 is a breakdown of the uses in each of the ten buildings and the associated square footage for each use. The table also notes the overall building heights and number of bedrooms per residential unit and proposed number of rooms in the hotel. Only a portion Building 9 is located within the 575' AEC. RECEIVED MAY 242019 DCM WILMINGTON, NC RECEIVED OCT 11 2019 DCM-MHD CITY LMG 1 AND AfANA_G��E—AI�F.+NTGRINIP • WM4 mnN v May 24, 2019 TO: Debbie Wilson NC DEQ NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Caroll at The Avenue, Wilmington CAMA Major Permit Application Request Debbie, Please find enclosed a CAMA Major Permit application and supporting materials for the Caroll at The Avenue project located off Military Cutoff Road in Wilmington, New Hanover County. Adjacent riparian landowner notifications have been sent by certified mail and the return receipts will be forwarded once received. Please let me know if you have any questions or need anything in addition to accept the application as complete. Sincerel Elizabeth B. Freedland Staff Scientist Land Management Group A Davey Company RECEIVED MAY 2 4 2019 DCM WILMINGTON, NC Enclosure: CAMA Major Permit Application; Figures; Authorization; Fee Check cc: Rob Balland — Paramounte Engineering, Inc. www.lmgroup.net • inro(a-lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 RECEIVED 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 OCT 11 2019 DCM-MHD CITY Project Name: The Avenue Client: CIP Project Number: 18473.PE Prepared By: AEC Checked By: RPB Last Updated: 9/12/19 Impervious Calculations within 575' CAMA Line pARAMOUNTE N. I N E E R. N .. 1 N C PROPOSED IMPERVIOUS Area Calculations Land Use SF Acres (AC) Asphalt/Roadway (C&G)/Parking - 0.00 Concrete / Sidewalks 2,943 0.07 Buildings 61,980 1.42 TOTAL PROPOSED = 64,923 1.49 Area within ORW Line and East PL Area = 251,352 SF Allowed Impervious (25%) = 62,838 SF Proposed Impervious = 64,923 SF Pervious Pavement or Green Root Required = 2,085 SF 5.77 AC 1.44 AC 1.49 AC 0.05 AC RECEIVED SF 13 7019 RECEIVED DCM WILMINGTON, NC OCT 11 2019 DCM-MHD CITY Table 2. Building Data Table BUILDING DATA TABLE B3 82 1 83 1 84 65 86 67 BB 09 830 Total Height R 45 55 1 45 55 75 75 75 75 55 55 Parking Ded,spaces 384 605 610 L600 Retail Area 7,200 28.700 4,000 11,000 13,000 13.000 24,60) 13,S00 115,00D Restaurant Area (sfl 8,00) 8,0DD 16.000 Hotel Area 138,400 138,400 Hotel Rooms 231 231 Office Areas 7,200 133,500 140,700 Residential Area s 110,100 33,000 65,000 65,000 123,000 327,500 723.600 1-Bedroom Units 31 9 19 1 19 35 94 207 2-tledroom Units 39 12 23 23 44 117 258 3-Bedroom Units 8 2 5 5 9 23 52 Residential Units D 78 0 23 47 47 0 88 234 0 517 Single Largest Fire Area s Construction Trise II-B II-B II-B II-B II-B II-B II-8 II-B II-B II-B Has Sprinklers? Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes NCK 8105 Fire -Flow Reqt. m Fln Flow R t. Reduced m 1500 1500 1500 1s00 ism ism 1S00 ISOD 150D 1500 NCFC 8705 FlrrFlow Duration (hr) 14, 146, 12, 44,555 7Q 78,000 13R400 147, 347, 133, 1,133,70D Parking for the proposed project will consist of surface and parking garage spaces (see Table 3). The majority of parking spaces are in a multi -level parking garage (1,600 spaces) and minimal surface parking spaces (435 spaces) are provided. The project is below the maximum parking spaces allowed per the City of Wilmington ordinance. Many of the surface spaces will be constructed of a pervious material to further reduce stormwater runoff. The following table illustrates the proposed parking spaces: Table 3. Breakdown of Proposed Parking UDO Maximum Parking Allowed Parking Quantity Unit 63 62 03 BA 1 65 86 1 117 BB 119 B10 Total Provided Retail Area (so 0.01 spc/sf 36 144 20 55 1 65 65 0 123 68 0 575 RestaurantArea sf) 0-02 spc/sf 0 123 123 0 0 0 0 D 0 0 246 Hotel Rooms 1.00 spr/room 0 0 0 0 0 0 231 0 0 0 231 Office Area sf 0.01 spc/sf 36 0 0 0 0 0 0 704 Residential Area (so 0 0 0 0 0 0 0 0 1-Bedroom Units 2.50 spc/unit 0 78 0 23 48 48 0 518 2-Bedroom Units 2.50 spc/unit 0 98 0 30 58 58 0 W+2358 645 3-Bedroom Units 2.50 s c/unit 0 20 0 5 13 13 D 130Parka Decks ces 0 384 0 0 606 0 0 1600 Surface Parkin S aces 1448Total ZED Park) S aces Allowed 0 384 0 0 605 0 0 0 610 0 3M Bicycle Parking Required Quantity Unit Total Retail Area (sQ 0.001 s s( 115 Residential units 1spc/unit 517 Office (sQ 0.0002 spc/sf 28 Total Reg ufred = 660 ADAPARKING REQUIREMENTS: 34 STANDAROSPACES 7 VAN SPACES TOTAL ADA PARKING REQUIRED = 41 SPACES TOTAL ADA PARKING PROVIDED=41 SPACES The site drains to Howe Creek (stream Index 18-87-23; classification SA; ORW). Stormwater management will be in accordance with City of Wilmington rules and regulations for high density development (impervious > 12%) and SA/ORW rules. Most of the proposed development is located outside the 575'stormwater setback from Howe Creek. Although the overall proposed impervious coverage for the project is 42.8%, the area inside the 575' Stormwater setback is limited to 25% impervious coverage. Utilizing the existing southern pond, the applicant is currently proposing to construct two (2) forebays, one on the east and west sides of the pond. Due to the size of the existing pond, the prgjBFLwllt�e to meet IECEFI RECEIVED MAY $ 4 M9 OCT 11 2019 DCM WILMINGTON, NC DCM-MHD CITY the 1-year 24-hour pre vs. post water quality requirement for SA/ORW waters. It will also be able to store and meet the 2-year, 10-year, 25-year, 50-year, and 100-year pre vs, post storm events for flood control. Note that the project is only required to meet up to the 25-year storm per the City of Wilmington stormwater ordinance ant that that this site was previously developed before any water quality rules were implemented, so all existing runoff goes directly into Howe Creek. Additionally, the project will provide pervious pavement options that will reduce runoff and disconnect areas of impervious coverage from the collection system and the wet detention basins. This will be achieved by using pervious surfaces such as pavers and/or pervious concrete on surface parking spaces to minimize surface runoff to Howe Creek. Surface parking outside of the 575' setback will also include pervious pavers and/or pervious concrete. See separate Stormwater submittal/permit for final design and details. RECEIVED MAY $ 4 2019 DCM WILMINGTON, NC RECEIVED OCT 11 2019 DCM-MHD CITY I Z Z O 1622 ZZ flECORrEl asov tEBLtCI P. RE IUgd1C0 NEW NAA) of LA a YEA C103 at APR" APR 18 4 So P11183 e srcrE or Re"i :atd!E -. y �� Npp INA f'i FErE�sE y hrhe Ter AreardlR Tx. ene aM Farr th laid Its, ... Parcel Islamist, No. .. To" be ... ............. . . County So Oa day at. .. .... .. -.Cop . Noafar F.Mdled M .. .� ....._. ......... _....... ._... ._..._..... . _ _ ... ............. .... This Eamooaatwareospnddy CarltdR A.. P.rietetta ha_.. ... .. _. _ ...._ Brief dsaedPdea Far the lades NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED m.d. this 114% . day at .. 7snvory..... , leB3 , M .ad beteeee GRANTOR GRANTER EILEEN F. WENINKI (divorced) I NILA MCDOWELL HUDSON 995 Navaho Trall Wilmington, NC E2 stake So-mearYM",Mna p.nr:some. adbaq.aa.a,W.W.". m•...in .. .,Wrr..a.•r"loa r, r.rw ' Th. dalaaallon Gnnlor and Grantee a ..of strafe d,.11 harl.de said padiq u,sk, help, ra,aaaana, and .mlam, ad ahall led." aural.'. plural, ..He, femftli" or Xavier a. rpvired by conNtl. W7TNE SETH, that the Cr.ebn far a ral.able romideralton paid by the Gaol.. the "IPA of .bleb is straby atlm..lodaed, Is. and by th. presents deae rsak ha,zm.. rail and wnray vrta the Grant. In fee hops, .11 that <eMln lei or grnl of land situated In the City of el Tormsip, Now Hanover Covnn. Nero Corolla.. ad mare padirobdy de.rrihol a./ohms.: ... BEING all or Lot 16, Westwood Heights Subdivision, as the aSoe in Shorn on a sap or Westwood Heights dated May, 19690 by lack G. Stocks, RLS, and recorded in the New Hanover County Registry in Nap Book 10 at Page 371 It ng alga Lot 16, Westwood Heights, as the same is described by deed recorded in Book 997 at Page 296 or the Now Hanover County, NC Registry. RECEIVED OCT 112019 DCM-MHD CITY ..r. AT. noa Ne. a r NM. Cow M. RECEIVED MAY 2 4 2019 DCM WILMINGTON, NC 9Qn' err 1220 1623 RECEIVED OCT 1 1 2019 r)CM-MHD CITY To pnperte herela.hon daxrlked aY elopired be GYotoo b, lufeumeet recorded b ...._.—......._.....__...__......_... A alto ohoming the eon domem" pnprrh 1. recorded le plot look .......... _.............. _ TO NAVE AND TO HOLD lb. aforeeefd lot at parcel of land and all petewgeo and {ppvrlxeeer loop, bd.Mer W the a ... town le fee alrple. And the Grunter earepente nick the Gnncn. that Gloater 6. Yired of the pnMaee 1, fee r vai.. ban the daM to Inc., Me amr 1n fee drple, chat title la marklrble and fen cod clear N ell aNmnbra.ce{, cad A.t Granter mill .,,.at .nd der -ad lb- 'It?- -talent the leelml dclna.1 all pent. Rb,meoerer accept far the euepli,m rreidue elated. Two to the pnnrtT he"Wehoce deurlhrd 1..ahlect to the following exeaptlntu: an ReeMw Rn4rM. w .. W .1. q .Y Nee aM x4 .x4Y4 aY eaexe w antenlW e4j ieNeelMe naNt �e me eYe agrr4N ana ter W Y xJ Y N NxIxY aax Y�wY/)�.� re aN ui— rM .......... ........DMeY•_•eleg•01............... ........... ... a� C - 1l r. 1 p:; ....P4U EIIEEN Fr YENINGEI sn.................... tt .---- -------------- ......pure dtftatge ..... ..._ ............._..._..._._«._.»auto .._�..aaeNYwBeb ...Jeewwm Nkeprre peek sz NOTL.Ry a e oaten a.eter Ethe C P mod r rneE a.e.Mr Yr ........ .........................—.--- rr� ce ..i9#jAF' L _..._.......».....................5 ._..__............._........._____....._.. maw,. t nu eLkG � � � eee.rear ykeaeN Nltee Ye tl W ae. YN..IJeMrnx.YY elMMgelte WYrat RNna V y'✓ _ Janurr .. _ ____ �....m.nYatae.mYx(aaa.lf�_ X v eo4w t.Mmr. ............. _ w1Ytr FxY {te4KAre1 Moment edaal44 .....__.«.«.._._role. r. � aaearl FttY I Y rrV w Yw ewe.Yk euaa ar ..._.....«. _. ...._.......• e wMemr . row r Yr M w Yrreyeo rr „.. he h __.....«......_«___ rewrp I me" eYmeY w Y w .0 I r Ya.aear r wueap wart a etMte raw M r....._......_ r prtY4Y. named mica N ewwle and w araad aI ..._._... as r.._.»...__.__._........ rNYrr. S Rr v w Y. taY W pew r rr411Y.......d{e e1.... .............._—. 0....-- sa te.Yadr oWxt ................ __._.._............_...__.._..... 111teI dedr iY weeetr reW1YWq I......_.....Soaps.!».MCkrllr�rr�•i+id0... .................._....................__•__...... ................ _........................... ... rbYpweeerYd N N MM }.Y rWwYt W aY tteWYW w e/) MNnY Y w 4Y Ye Ywwm{ymt Y w .x.--+-'M_.W..•...R44R41!t.Sr..A1S?FR! . ....................eooueu a. ,roar ew..... Nea.&apvet_...._........Y,are ........... YD 4MAY 2 4 2019 .r..d.—pat-awra^r...Y..eaP. DCM WILMINGTON, NC Y. NO REVENUE STAMPS 1 3 3 5 0 0 1 9 RECORD A+4 N6 VIRInTA MAW j Richard M. Morgan, Attorney at Law R(1�IeT(ROf 0Ef0f ■Cl0 PAIN oo. NC STAYS OF WORTS GROLINA Ju110 9 53 AN'06 COUNTY OF HHM HANOVER THIS DEED, erode and entered Into this lot day of July, 1986, by and between WILLIAM 8. TOWLES and rife, BRENDA E. TOWLES (also known as Brenda G. Towles), of New Hanover County, North Carolina, parties of the first part) and WILLIAM Is. TAWLHS, of Now Hanover County, North Carolina, whose mailing address is Route 3, Box 3273. Wilmington, N. C. 28403, party of the second part) W I T N 8 S S R T Us Whereas, the parties of the first part now Own the hereinafter described real estate as tenants by the entirety, and the parties desire to convey the OR" to the party of the second part, no that he will be the sole owner of Amid real estate. 11 Now, therefore, the said parties of the first part, In consideration of the foregoing matters and ONE (61.00) DOLLAR to them In hand paid, the receipt of which is hereby acknowledged, have given, granted, bargained, and sold, and by these presents do give, grant, bargain, sell, and convey unto the said party of the second part, his heirs end assigne, all those certain tracts, parcels, or lots of land in Now Hanover County, North Carolina, bounded and described as follws, to -wits Tract 1. BEGINNING At a point in the Western B.O.M. line ofTMilitary cut -Off Raid (100.0 foot R.O.N1, said point being South 23 degrees 13 minutes West 103.60 feet from North Carolina Geodetic Survey Monument "Charles" (coor. North 187,152.991 East 213540545,33) and also being located North 34 degrees 25 minutes East 145.00 fast and South 51 degrees 16 minutes IS second East 107.03 feet from the Southeastern corner of Lot 22 of the subdivision of Part of the A. P. Southerland, Carsont at al. Tracts. Running thence from said point of beginning along Amid Western R.O.N. line of the Military Cut -Off Road South 04 degrees 28 minutes 15 ee00nds West 174.68 feet to a point+ thence North 51 degrees 20 aslnutes Went 194.46 fast to a Point in the Eastern line of the Aforesentioned subdivisions thence along Amid Eastern line North 34 degrees 25 minutes East 145.00 feet to a Points thence South 51 degrees 16 minutes 15 second$ Best 107.03 foot to the point of be Inning. Above described traot Containing .50 acres and beisyy a part of the Jack Moore property am recorded in Dead Book 704 at Page 504 Of the New Hanover County Regletry. Biding the ease pro rty described In a deed to William B. Towles sod wife, Bre Towles, dated July 27, 1976, and recorded Ln BiOO f D 45 of the Nw Hanover County Registry. MAY 2 4 M9 OCT 1 1 2019 06967 DCM-MHD CITY DCM WILMINGTON, NC son PABI 1335 O02U n 7. EE6INNINO at an iron pipe in the Eastern right o weY of Secondary Road No. 1409 (military Cut -Off 100-foot right of way), said iron ppippee being located South 1 degree 0 minaGn 46 *ecoads it&s! 110l.7 feet from the southwest corner of Lot 24 of the Westwood Heights Subdivision, ease being recorded In map nook 10 at Page 37 of the New Hanover County Reglstryl running thence from sold beyInning point South 44 degrees 33 minutes 20 aeaonds Rest 216.61 feat to an iron pipet thence South 41 degrees 41 minutes 6 s&cende East 49.64 feat to an Iron pipe In the run of Bally Wattle brancht thence with said branch to a point which is located North 72 degrees 48 minutes 52 seconds East 79.93 feet from the preceding point, running thence North 41 degree* 41 minutes 6 second* West 83.30 feet to An iron pipe) running thence North 44 degrees 33 minutes 28 seceod* West 286.08 feet to A concrete monument In the Astern right of way line of secondary Road No. 14099 running thence with said right Of way line South 1 degree 0 minutes 46 seconds West 96.02 feet to the point of beginning. Containing 0.51 auras more or less. All bearings are related to North Carolina grid. The course& and distances wet out hersinabove are based on a survey of the premises made by Jack Stocks during December of 1972. Neing the same property described In a dead to W. e. Towles and wife, Erends G. Towles, dated January 2, 1973, and recorded to Book 950, Page 370 of Us New Hanover County Registry. Subject to 1956 taxes. Together with all and singular the lender tenements, easements, and appurtenances thareunto belonging or in anywise appertaining. TO HAVE AND TO HOLD the aforesaid tracts or parcels of land and all privileges and appurtenances thereunto belonging to the said party of the second part, his helre and assigns, Poraver. And the acid parties of the first part do covesant that they are seised of said premises in fee and have the right to convey the ease in fee simpler that the same are free from encumbrances, except sa stated &hovel and that they will Wd=NT and DEPEND the acid title to the same against the lawful claims of all p*rmosa Whatsoever. IN WITNESS WHRRROP, the said parties of the first part have hereunto set their hands and @sale, all the day and year first above written. � (SEAL) I�" RiAAf irr.wpw. f �D (SEAL) re H. Tar es RECEIVED RECEIVED MAY 242019 OCT 112019 DCM WILMINGTON, NC DCM-MHD CITY BBBA . PAB[ 1335 0021 STATE OF WORTH CAROLINA COUNTY OF MEN BANNER I' � , ■ Not•ry Public of y� udl Covet y; Ibr arolla•, do hereby crrtl y • MILLI snA �r![e, BAINOA E, T'OELEB (•Tao knmro r ErenBs O. Towles), raA• personally appeared A•lOre we this dY mop &0khowleftod the eve Mt tioa o[ the foregoing Instrument. 1•+ `' �10E04 •nE notarial anal, this the �_ Aay of July, 044tarY�bpu iio $TAtt OF MORIN CAEOUNA to -'1Plbtif piblfa ___--- . b `oenlfM£V & oe�wei._`_ ttr ue10 _�q ef__-UY J9 _96 BBB RECEIVED MAY 2 4 Z019 RECEIVED DCM WILMINGTON, NC OCT 1 1 2019 DCM-MHD CITY BOOK I PAOE 1x 99 ail Rartmxc 1 ash Omtrabt5#% - o34P 14 G SPATE OF NORTH CAROL jOR DEO h vERIf1ED, ARI SUE OOPS VD'A54a lgNrea ISIF.R Of DEEDS 4dld"pl. . COUNTY OF NEW HAND Ra;IOVLR O0. NO Ig11YMMQAIPS "'�DK"DHBQ-made all entered into this Jlal dry of Much, 19", by and between WILLIAM B. TOWLES end wife, BRENDA H. TOWLES, of New Hanover County, North Carolina, whether am or crime, FieehxRef mfaned o"GRANTORS; and NEW HANOVER COUNTY WATER AND SEWER DISTRICT', a body corporate and pride of the State of North Carolina, whose mailing oddrees is 720 Chestnut SomeL Wilmington, North Caroline 28401, hominafler referral to a GRAM -BE; 000066 W11NfySS EL WHEREAS, GRANTORS own property within the was of New Hanover County to be served by the GRANTEE'S sewer syarern; and WHEREAS, GRANTER. requires eastrn nb for the purpose of constructing and maintaining sewer lines, and GRANTORS have agreed to convey the naesauy euemenl to GRANTEE; NOW THEREFORE, GRANTORS, for sad in consideration of the am of One Dollar (S 1.00) and other valuable considerasimns to them in hand paid by GRANTFA and in consideration of the murud benchls inuring to the parties hello, do hereby give, grant and convey unto GRANTEE a perpetual right and casement as mom Polly described in the paragraphs below. 1, t .., •,inn of E.o....ent, Being a permanent sawaa and wafer mserment on the property of the GRANTORS described in Deed Book 785, Page 74 New Hanover County Registry, and more spaific Lily described on Exhibit "A" attached hereto and incorporated herein by refesmce. 2. P u lose of Ememmt. The purpose of the essernenl is for weer and sardtary sewer. GRANTEE,'s right shall include constructing, laying, maintaining, inspecting, operating, protecting, repairing, changing the site of, replacing, removing or sbandosdng lines all facilities, and remving structures, fences, trees, shrubs and vegetation within thecae scout arcs ORANfORS shell have the right to use and enjoy said comment sues subject to the asemml and rights herein granted. At the conclusion of my installation or maintenance activities within the above described eesemmL the GRANTBEwift rdam theafement to as bear pdpLT,obd�IVkD fmibldy possible. RECEIVED Nt(� IVt lid To MAY 2 4 2019 741 7/2/ 11 2019 ��4 DCM WILMINGTON, NC ,187146 DCM-MHD CITY �/ _ '•r PACE g00K PANM tisrtovee maatty tYaanrech 1 99 - e369 2S$��,s0141 GRANTORS Was od to erect bufWing; atrocherM nap, force,, bane or ponds within Ote e, WL GRANTORS shall pant On additional utility eaaanmta oo, ova or within the era dmcsrbW in RxbNt "A" withers first securing the wtittm suRsoriation of the GRANTER 4. Gmtee's iioherpjldkmu,gpd-Em. GRANTEE stall hive the right of iopaa and egress ova such pnvale roads, drimwaye, alkyl and ways a may now or hereafter cdo on ORAN ORS' proMiy, and if there arc no public or private rode or ways reasonably cmvmiml to pmvide access to the euenml, then GRANTER shall have the right of inppe and agros aver GRANTORS' property djacenl to the eaasment in such mama u shall occasion the tart proclicable ineanvenienu and damagesto GRANTORS. GRANTEE will beregwnubk for damage, to GRANTORS' propary for such tee. S. Covenana by$atLn. GRANTORS, few thamaelvoC their Mira eaocuton, adminisnatan and aaign, do covenant with the GRANTEE, its succsmn and assigns, that they we ownm in fa simple of the real property which is subjed to the described easanml, that they have good right to grant and convey said eexmertt; that sold wammt is free and clear from all restrictions, ta+CmEnls, or rncumbrsap, except any mentioned in this insnumrrd, any restrictions of reconK any utility a drainage seamen of record, and the Host of local property taxes; and that they shall, and their heirs, mewtors, administrators and uatges shall warm and defend the title to aid easement against the lawful clahas soft demandsof soy and all pawns whomsoever. TO HAVE AND TO HOLD the right ad esummt hereby gtsntsd to the GRANGE and its wecesson in title forcer, it being agreed that the right and afemed hereby granted is appurtau" to and r na with the lad now owned by GRANTORS. IN TFSTTMONY WHEREOF, the perHe, haw baeento sa their hands and seek, the day and year But above written. William R. Towles ECEI1> �'/EIVED OCT ] ] 2019 MAY 2 4 2019 0CM-MH0 CITY DCM WILMINGTON, NC mm He Oanty Cmtrwt 9 99 - 030 80DK STATE OP NORTH CAROLINA COUNTY OF NEW HANOVER 2se7 PACE A' 01ga 41yulJu'', LHotny PuEEeofp,!p+_1_'Cfi. � County' Noah CeroEtu4Verby wHf)r the WBLIAM&'FOWL udB, wife, fe, BRENDA H. TOWL mt Pmnally acne hefae me Ode day nd w1mawledged the momdon of Ste fmegolng Witnm myhand and notarial Beala.tamp,d"-L^ dayof�1.A_._�__,, 1999. .-. Myoomwedonwim: 3-ism 1klcz LTATt OR NORTH CAROLOIA Hew ll m CaeaN tw r.yry war aua.rco Mw) e�Yl tww v .. suer MV oACD lY Y � a0 ■.Fr r b RECEIVED OCT 11 2019 DCM-MHD CITY RECEIVED MAY 2 4 2019 DCM WILMINGTON, NC 'Boot p 19 9 Z581 Bahlhfl "A" Bo&fa Tina at a point located this fallowing; two (2) oomm Dom a ooegpe rigbt- f-vay monutnpt located at the iotaaectioo of the ededy highway bmardry of Station Road (60' wide - Formety MoC mbera Stdoe Rod) and the dtrlsloa Ime between the lands of William R. Towl" (Deed Book 785. Page 74) oo to southand the lands of the North Camllns Highway Commission (Dod Book 628, Page 218) oo do north: I. There from uld monrnoen4 south 55 depc" 40 minim 00 woods "a aloft& aid dM#m he a distance of 392.86 foot to a point; 2. Tl m south 34 depem 20 minutes 00 seconds west 15,79 feet mrougk add (ands of Witham B. Towles (Dead Book 785, Page 74) s distaoca of 15.79 fees to the point of beginnm8; Tbece Dom &aid point of bcgindw&, south 35 dopes 47 minutee 53 seconds ad pursikl with sod 20 fed northerly Dom the mierline of an &-inch unitary sewer lar, a disnrre of 593.86 fees to a point; Thecae south 35 degmm OS minutes 46 eeeonds wed a distance of 30.00 fed an a point; said point lathed at the southwo"y omoer of am existing 20' utility righwf--way (Ded Book 1560. Page 1491); Thence north 55 dcpces 47 minutes 53 seconds was: pnallei with and 10 fat putrefy fmm the entettne of an 8-meh saitary saxes lime a didao" of S93,46 feet to a point: Thmm north 34 degrrm 20 minutes 00 seconds and a d stnoe of 30.00 fed to the point of beprmin&; contusing 17.810 square feet, mono or lop. Y RECEIVED OCT 11 2019 DCM-MHD CITY RECEIVED MAY 2 4 2019 DCM WILMINGTON, NC 0 NORTH CAROLINA d.yT. 34710 ua•I .,. uhaoANGoare[cuacmF-nNAYclxo traenCHT N IY[AO INLT[YRIONeON [AGR [[IO[[COYILt11NO TNle IO[YI ThU FINANCING ETATEMENT %W mMba BNmwaMNtebtlm FMg0111rerlx Nn .r Aeain...i UnNYm OomttYM[I �1 (1) Damm,D11L..N...FewlwANNNWIr 121 SemmdFanylitH (.—(,]A.b .1 8 00 50 1 ll wrwd LNnthia NCOltyre New IWlover COIYIty 320 Ow taut Strout, Noon 309 L 9 UN 7 AM 11108919 8919 SLelhom Qttuctl Road "ch Nilmingtan, NC 20401 Nilmin9tan, NC 2840 RMAND EYERIFIED _ Of-WO69141 s-In oTndudeJixum. NIAs—ww huy. remM.11: NARI SUE DOTS (b10TWbe, Mimmiso AG I,S~ G.S. 26410019) 4S'.'GTER OF DEEDS b m ooaa,ed (d 0Cm, Are G,.iv 0, To 0[ Grown• he.. ': 'U.vFR 00. NO (61 Thh Finwckq Suta N l fuser. the Follow n,, Ivies Ix itxml of property 1. LXmut ictwed hrn , 1972 Mo&l Single Wide COOK PACE 000067 '507 0 15 0 AOn Fxm GdNuul F ibn� Nmo COYnIY DAtor MMm in _— OP.odaY OI YN Cgtla WN A+e Alw Co.erN. 1� nnnl ba fiNo unMx Uun1Y t. nYnal.) ... ...... ....._________ . (6) SipnxorM: D[I[orlN Saeured Pxry(inl Iw AWSnmtl Ilal OGIMty __...... _ thia MCCn _e -- R- levl / y 3yMIUUO rN yf'[nnM nAw� r NlMkdm (By ._ le— I,I Cdlatxd is wbjeet to S[wriry bWnIn AnotMf Su mA ud byN of SUN • .Sec. BewaW 11 90 apd� O CYlkklal Is B,o*t Ide Th'Y Sum ❑ Debtor's Lomlion fhemW To This Big" Fol 2"402(21 1 n omw Nvml!i.F 11 ny r-aHY (2) OIhae ScmioMSeTV. UOC•1 ft 1.4 •" .L•7L� � �wyx...�. Ft.:. JL i.: RECEIVED �„..c.. . OCM WILMIl11¢: NC c OCT l 1 2019 `'' ?� DCM-MHD CITY �01°��lwwwww�� 10 f IIMn P�1 IH a Orrot 2012 FEB 22 08 49 �7 91 U 5519 K 1573-1575 FEE S26 00 K REY STW4 90.00 IISIRUkMI { 281 $19 NORTH CAROLINA GENERAL WARRANTY DEED Filc No. 11-E-OSA-LP Excise Tax $90.00 Tax Lot No Parcel Identifier gQS10S401415-001 s L Wilson. Attorney with Iww OOices oflames 1. W ikon N C 2729E After meordrraa. roil to James I. Wrkon Index Lot 17 of Westwood Heights Subdwotw THIS DEED made this 25th day of February, 2011 by and between Evelyn Q Vickery Widow 5916 Liberty Road Climax, North Carolina 27313 GRAN I KE Rebecca V. Burton and husband, Steven M. Burton 5450 Dona Road Julian, North Carolina 27283 The designation Grantor and Ohara" as used herein drall loolude real panur, tittle hens, auoc r, and essgm, include singular, pluml, mascuhae, feminine or nearer as required by contest W tTNESSETIh abet Grantor. for a valuable conardtnlion paid by Grantee, the receipt of which a hereby acknowledged, hu and by abee presents does sisal, bargaiq wAi and corwey onto Grantee m fee simple all that terlam Im or pmel of lend altiiated in the city of Wilmington, New Hanover County, Nonh Carolina, and mom psetuularly desenbed below THIS TRANSFER DOES NOT INCLUDE THE PRIMARY RESIDENCE OF GRANTOR. p BEING all of Lot 17 in Westwood Heights Subdivision according to the map thereof recorded in Map Book 10 at Page 37 of the New Hanover County Registry, referenm to which said map is hereby made for a more particular description, said parcel bang shown as a 100-lot parcel idendficd as Parcel ID. No. R05105-001-015.001 in the New Hanover County Tax Collector's Office, and being more particularly described in deed recorded at Book 1137, Page 1654, New Hanover County Registry RECEIVED OCT 1 1 2019 RECEIVED MAY 2 4 2019 DCM WILMINGTON, NC DCM-MHD CITY TO HAVE AND TO HOLD unto Grantee, his heirs and assigns in fee simple forcva, the aforesaid lot or parcel of land and all of it's privileges and appurtenances. COVENANTS AND WARRANTY: Orantor covenants with Grantee that Grantor is scued of the property in foe simple; that Grantor has the right to convey the some in fee simple; and that Grantor will warrant and defend the tillo against the lawful claims of all persons whomsoever. This conveyance is made subject to easements, rights of way and restnctiona of record and to the correct year's ad valorem taxes IN WITNESS WHEREOF, Grantor has hereunto set his hand and scsl the day and year first above written. OJ.tiir� V .qftmc-_(Seel) Rebecca V. Barton, Attorney -in -fact for Evelyn Q. Vickery, Grantor STATE OF NORTH CAROLINA, RANDOLPH COUNTY 1, Lenore, L. Pickle, a Notary Public in and for said County and State, do herby certify, that Rebecca V. Burton, Attorney -in -Fact for Evelyn Q. Vickery, personally appeared before this day and being by me duty awom says that she executed the foregoing and annexed instrument for and in behalf of Evelyn Q. Vickery; that her authority to execute and acknowledge said instrument is contained in power- oGattomey dated February 18, 2011, and recorded at Book 7217, Page 262, Guilford County, North Carolina, Registry, and duly recorded in New Hanover County, North Carolina Registry; the4 in the exerotse of ha discretion, she determined that it is necessary and appropriate to convey the property described in this deed in order to accomplish one or mom of the goals or purposes described in Paragraph 15 of said power of attorney; and that this instrument was executed under and by virtue of the authority granted by said power of attorney. I do further certify that Rebecca V. Burton acknowledged the due execution of the foregoing and annexed instrument for the purposes therein expressed for and in behalf of Evelyn Q. Vickery. Witness my hand and official seal this 25th day of February, 2011. Y/1_L(-_N.P. i Lenore L. Pickle My commission expires: Scptember 23, 2013 Seal - Samp 010-20010 arrictu nuDT sass new as W W^aMMaansLENOAr L PIC conmrs+na m a2W RECEIVED MAY 2 4 2019 DCM WILMINGTON, NC RECEIVED OCT 11 2019 DCM-MHD CITY JENNIFER H. MACNEISH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 ttiiii......YRIRYYIRRRIRYIIR\YY.YYRRRYRIRliRi111i•IR...YRYRRRRRRRYRYRRRRR,IIRi11.11111RRYRI. Y..IIYRRRYYRRIRIR..Riflil.Ri Filed For Registration: Book, Document No. NC REAL ESTATE EXCISE TAX: Recorder: 02/22/2012 08:49:27 AM RE 5619 Page. 1573.1575 2012005519 3 PGS $26.00 $90.00 CARTER,CAROLYN State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2012005519* 2012005519 RECEIVED MAY 242019 DCM WILMINGTON, NC RECEIVLL) OCT 11 2019 DCM-MHD CITY Book 5949 Page 965 BK: RB b948 Il lliq�ggnqlllllqqlllll lql lql RREGoFU)ED, 70 2016004447 02-17-2016 NEW HANOVER COUNTY, NC 04:04:20PM TAMMY THEUSCH BEASLEY BY: CAROL HUGHLEY REUISTEROFDEEDS DEPUTY NORTH CAROLINA GENERAL WARRANTY DEED Revenue Stamps: $NTC Parcel Identifier No.: R05105-001-023-000 Mail after recording to: S roll V "Ott LLF- Ibis instrument was prepared by. avid G. Martin, Smith Moore Leatherwo Suite 301 Wilmington NC 28401 (without title examination) Brief description for the Index: 10.81 Acres, Military Cutoff Road THIS DEED made this I (001day of.a, 2016 by and between GRANTOR V PATR[CIA MORRIS ROSEMAN, SUCCESSOR TRUSTEE OF THE IRVIN ALVINROSEMAN TRUSTU/A/DDECEMBERI0,2007,atwenty five pest undivided Interest 24 Backfin Point Wilmington, NC 28411 GRANTEE HC FFF $A W PATRICIA IM ROSEMAN, TRUSTEE OF THE ROSEMANFAMILYTRUSTESTABIdSHEDUNDER THE IRVIN ALVIN ROSEMAN TRUST U/AID DECEMBER 20, 2002, a twenty-five pervert undivided interest 24 Backfin Point Wilmington, NC 28411 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: THAT WHEREAS, Patricia M. Roseman and husband, Irvin A. Roseman and Linda M. He19 &FIVED and husband, James R. Helsabeck acquired the real property described herein by deed recorded in Book 4934, Page 1331, New Hanover County Registry; and MAY 2 4 2014 RECEIVED OCT 1 1 20A DCM WILMINGTON, NC DCM-MHD CITY Book 5949 Page 966 WHEREAS, Irvin A. Roseman died testate on August 2, 2014 in New Hanover County, North Carolina; and WHEREAS, the Last Will of Irvin Alvin Roseman is filed in File No. 14-E-1033 in the Office of the Clerk of Superior Court for New I lanover County; and WHEREAS, Patricia M. Roseman renounced and disclaimed her right of succession as the surviving tenant by the entircties to decedent's twenty-five percent undivided interest in the real property described herein in that certain Renunciation and Qualified Disclaimer filed April 30, 2015 in said estate file and recorded April 29, 2015 in Book 5885, Page 30 of the New Hanover County Registry; and WHEREAS, pursuant to the terms of the Last Will of Irvin Alvin Roseman, the real property described herein passed to the Irvin Alvin Roseman Trust dated December 20, 2002; and WHEREAS, since Patricia M. Roseman disclaimed her marital interestin the real property described herein and together with Article III, Part A, Section 1 of the Irvin Alvin Roseman Trust dated December 20, 2002, said real property shall pass to The Roseman Family Trust; WHEREAS, the Irvin Alvin Roseman Trust names Helene R. Lawson as Successor Trustee, and Helene R. Lawson subsequently resigned as Successor Trustee as evidenced by a Notice of Resignation of Trustee signed and dated February 23, 2015; and WHEREAS, Patricia Morris Roseman was appointed by Helene R. Lawson as Successor Trustee as evidenced by an Appointment of Successor Trustee dated February 23, 2015; and WHEREAS, the Irvin Alvin Roseman Trust provides that the Successor Trustee has power and authority to distribute the real property described herein; and NOW, THEREFORE, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, the Grantor has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple a twenty-five percent undivided interest in that certain tract or parcel of land located in New Hanover County, North Carolina and more particularly described on Exhibit "A" attached hereto. All or a portion of the property herein conveyed includes or X does not include the primary residence of Grantor. TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and c ear of all encumbrances, and that Grantor will warrant and defend the title against the lawful IRN&FJY ID persons whomsoever, other than the following exceptions: RECEIVED MAY 2 4 2019 OCT 1 1 201L DCM WILMINGTON, NC DCM-MHD CITY Book 5949 Page 967 1) Ad valorem taxes for the year 2016 and subsequent years. 2) Easements and rights -of -way and any other matters recorded in the New Hanover County Register of Deeds as of the date hereof. 3) All applicable zoning and land use ordinances, statutes, building codes and regulations. (SIGNATURE PAGE AND NOTARY ACKNOWLEDGMENT FOLLOWS) RECEIVED MAY 2 4 2019 RECEIVED DCM WILMINGTON, NC OCT 11 2019 DCM-MHD CITY Book 5949 Page 969 IN WITNESS WHEREOF, the Grantor has hereto caused this instrument to be executed the day and year first above written. GRANTOR: e ram.) ATRICIA MORRIS ROSEMAN, SUCCESSOR TRUSTEE OF THE IRV IN ALVIN ROSEMAN TRUST U/AID DECRYIBFR20, 2002 STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Patricia Morris Roseman. SuccessorTntsteeoftheIrvin Alvin Roseman Trust U/A/DDecember20. 2002. Today's Date: 2016. 0 [Notary's signature as name appears on seal] lJ3ADTURNER NOTARYURNE [Notary's printed name as name a pears on seal] PUBUC OUPLIN COUNTY, NO My commission expires: o20o� 8 [Affix Notary Seal in Space Above] RECEIVED MAY 2 4 2019 DCM WILMINGTON, NC RECEIVED OCT 11 2019 DCM-MHD CITY Book 5949 Page 969 EXHIBIT "A" BEGINNING at an iron stake in the eastern of way margin of N.C.S.R. No. 1409 (Military Cutoff) said point also being the southwest comer of Lot 24 of Westwood Heights Subdivision as shown on a plat of said subdivision recorded in Map Book 10 at Page 37 of the New Hanover County Registry (said beginning point having a coordinate value of Y=185,677.77 and X--2,354,582.43 as based on the North Carolina coordinate system); running thence from said beginning point with the southern line of Lot 24 of Westwood Heights Subdivision South 67 degrees 46 minutes 04 seconds East 126.30 feet to an angle point in the southern line of Lot 24, thence continuing with the southern line of Lot 24 South 63 degrees 08 minutes 04 seconds East 103.74 feet to the southwest corner of Lot 23, Westwood Heights Subdivision, thence with the southern line of Lot 23 South 36 degrees 08 minutes 04 seconds East 233.05 feet to the southwest corner of Lot 22, thence with the southern line of Lot 22 South 23 degrees 55 minutes 04 seconds East 117.26 feet to the southwest corner of Lot 21, thence with the southern line of Lot 21 South 06 degrees 38 minutes 04 seconds East 38.63 feet to the southwest corner of Lot 18, thence with the southern line of Lot 18 South 31 degrees 47 minutes 04 seconds East 160 feet to the southeast comer of Lot 18, said comer of Lot 18 lying in the western edge of Lance Drive (40 foot right of way), thence with the southwestern end of Lance Drive and the southwestern line of Lot 17, Westwood Heights Subdivision South 43 degrees 14 minutes 04 seconds East 274.54 feet to the southeast corner of Lot 17, thence with the run of Sally Martin Branch as it meanders the following courses and distances: South 01 degrees 17 minutes 23 seconds West 57.93 feet, South 73 degrees 45 minutes 31 seconds West 61.06 feet, South 43 degrees 24 minutes 14 seconds West 66.48 feet, South 27 degrees 30 minutes 12 seconds West 102.45 feet, South 41 degrees 44 minutes 57 seconds West 100 feet, South 43 degrees 32 minutes 09 seconds West 308,95 feet to an iron stake in the mn of Sally Martin Branch, thence North 41 degrees 41 minutes 06 seconds West 83.30 feet to an iron stake, thence North 44 degrees 33 minutes 28 seconds West 286.98 feet to a concrete monument in the eastern right of way margin of N.C.S.R. No. 1409 (Military Cutoff), thence with the eastern right of way margin of N.C.S.R. No. 1409 North 01 degrees 00 minutes 46 seconds East 1,010.68 feet to the point of beginning, containing 11.780 acres, more or less, as shown and described on Carolina Power & Light Company drawing No. L-A-3044, dated September, 1972, and being a portion of the tract of land conveyed to J. W. Reaves and wife, Mittie J. Reaves, by deed dated May 11, 1951 and recorded in Book 481, Page 447 in the New Hanover County Registry. LESS AND EXCEPT, that land in deed from Carolina Power & Light Company d/b/a Progress Energy Carolinas, Inc. to the State of North Carolina Department of Transportation, dated November 3, 2003 and recorded in Deed Book 4127, Page 532, New Hanover County Registry. RECEIVED MAY 242019 RECEIW% MINGTON, NC OCT 11 2019 DCM-MHD CITY Book 5949 Page 970 e�NTY.N TAMMY EASLEY SCH New Hanover County �� �' e'; o f) Register of Deeds i o Register of Deeds i ,Z 216 NORTH SECOND STREET f WILMINGTON, NORTH CAROLINA 28401 Telephone 910-798-4530 1 Fax 910-798.7751 4a ear HHiillk Hf1HH11111111HHNIH111HH11i1HfifH Miififliifi NfHHkH1R11f H1111111t11H1f 111111MH1f State of North Carolina, County of NEW HANOVER Filed For Registration: 02/17/2016 04:04.20 PM Book: RB 5949 Page: 965-970 6 PGS $26.00 Real Property $26.00 Recorder: CAROL HUGHLEY RECEIVED Document No: 2016004447 MAY g 4 2019 DCM WILMINGTON, NC DO NOT REMOVEI This certification sheet is a vital part of your racorded document. Please retain with original dooumant and submit when re-recording. OCT 11 2019 DCM-MHD CITY Book 6078 Page 2289 BK: RB 6076 IIIIII�V�IVI9VII��I�I� PO. 22a9-2292 2017026102 HD FEE MOD RECORM 08-03-2017 NEyVHp1=1 COUNTY, NC 6 02:00:06 PM rawY rxEuacx eFAsuEY EVX fAYAD BY: CAROL HUGHLEY 9.EGaTEROFGEEO6 DEPUTY WARRANTY DEED Prepared by:CHISON, TAYLOR & GIBSON, PLLC 16 North Fifth Avenue, Wilmington, NC 28401 STATE OF NORTH CAROLINA TAX PARCEL # R05105-001-019-000 COUNTY OF NEW HANOVER REVENUE STAMPS $ 47, DO TIC THIS WARRANTY DEED, made this 2�' day of2017 by and between BETTY COLLUM DAVIS (F/K/A BETTY C. LANE ) and husband, BIZZLE L. DAVIS, whose mailing address is 2450 NC Hwy. 242 N., Elizabethtown, NC 28337 (the "GRANTORS"), and 347 MCO, LLC, a North Carolina limited liability company with a mailing address of 201 North Elm Street, Suite 201 Greensboro, NC 27401(the "GRANTEE"). WITNESSETH THAT: THE GRANTORS, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to them in hand paid by the GRANTEE, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do hereby bargain, sell and convey unto GRANTEE, and its successors and assigns forever, in fee simple, all of that certain real property located in New Hanover County, North Carolina, and more particularly described as follows: All of Lot 21 of Westwood Heights, as shown upon that map of said RECEIVED subdivision recorded in the New Hanover County Registry in Map Book 10 at Page 37; being a portion of the same property conveyed to James MAY $ 4 2019 E. Parker and wife by that deed recorded in said Registry in Book 937 at Page470. DCM WILMINGTON, NC SUBJECT TO (i) easements, rights of way and restrictions of record, (ii) any governmental land use statutes, ordinances and regulations including zoning, building and subdivision regulations applicable to the subject property and (iii) ad valorem taxes for current and subsequent years. FAM Io M=Wson T60or & Gibsan, K= 169112 RECEIVED OCT 11 2019 DCM-MHD CITY Book 6078 Page 2290 TO HAVE AND TO HOLD the above granted and described property, together with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the said GRANTEE, its successors and assigns in fee simple, forever. AND THE GRANTORS, for themselves, their heirs and assigns, do covenant to and with the said GRANTEE, its successors and assigns, that they are seized in fee of the above granted and described property; that they have good right to sell and convey the same in fee simple; that the same is free and clear from any and all restrictions, easements or encumbrances, except those mentioned above; and that they will and their heirs and assigns shall warrant and defend the title to the same against the lawful claims and demands of any and all persons whomsoever. Pursuant to N.C. Gen. Slat, § 105-317.2, the property herein described X does not include includes the primary residence of the Grantor. [Execution page follows] 169512 RECEIVED MAY g 4 2019 DCM WILMINGTON, NC RECEIVED OCT 11 2019 DCM-MHD CITY Book 6078 Page 2291 IN TESTIMONY WHEREOF, the said GRANTORS has hereunto set their hands as of the day and year first above written. ry � BETTY 1COLLUM DAVIS / (F/K/A Tj BI2tLLE L. DAVIS STATE OF NORTH CAROLINA COUNTY OF Ne -.AV Y' Vet (County where acknowledgment is taken) I, . r, M :00� , a Notary Public, certify that the following person(s) personally appeared before me this day, acknowledging to me that they voluntarily signed the foregoing document for the purpose stated therein and in the capacities indicated: BETTY COLLUM DAVIS (F/K/A BETTY C. LANIER) AND BIZZLE L. DAVIS k69512 Witness my hand and official seal or stamp, this e2 day of , 2017. Oo .' JJ���6666����WWW��` M. Notary Public Notary puWlc e'uns gck County My Commission Expires: 61105 2d� RECEIVED MAY 2 4 2019 DCM WILMINGTON, NC RECEIVED OCT It 2019 DCM-MHD CITY Book 6078 Page 2292 pNTY. TAMMY THEUSCH BEASLEY New Hanover County o Register of Deeds $ Register of -Deeds 320 CHESTNUT ST SUITS 102 • WILMINGTON, NORTH CAROLINA 28401 Telephone 910-7984530 • Fax 910-798.7716 'W mod LtSkp W alai++ttt t++t+i HtHN+flHif Htt ti tit Mit+f HHft+aa ttMVttR+RH of Hft ttM Hf}M HHHHftff H+l ttf+fHMM State of North Carolina, County of NEW HANOVER Filed For Registration: 08/03/2017 02:00:06 PM Book: RB 6078 Page: 2289-2292 4 PGS $233.00 Real Property $26.00 RECEIVED Excise Tax $207.00 Recorder: CAROL HUGHLEY Document No: 2017025102 MAY 2 4 2019 DCM WILMINGTON, NC NHaf H#+H aiHaMHV f+fff+f H ti H+H t+f+4tHf+MHf 1f+iN Hff++1f fHHf H+1Hfi+HV f f+if •++•f♦i Heffif 1Hf DO NOT REMOVE! This certification shoot is a vital part of your recorded document. Please retain with original document and submit when re-recording. RECEIVED OCT 11 2019 DCM-MHD CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: 347 MCO, LLC Mailing Address: 201 NORTH ELM STREET GREENSBORO, NC 27401 Phone Number: 336.274.8531 Emall Address: I certify that I have authorized Land Management Group Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: at my property located at MILITARY CUTOFF in NEW HANOVER County. Y CARROLL AT THE AVENUE I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature Roy E. Carroll, II Print or Type Name Manager Title 04 130 t2019 Date This certification is valid through 12 /31 12020 RECEIVED MAY 2 4 2019 DCM WILMINGTON, NC RECEIVED OCT 11 2019 DCM-MHD CITY Or m ru ru O 0 0 0 S C3 0 �rf .a 0 M1 Domestic Afail Only For tlMivery mfo.manon. vrert our website at www usps,eom . rn a` Carew M-0 w <�.�D J c s an 02 w aawr>rrns=rwmpaw ❑a.w arupearwe sue` ❑wem rre.p.reup . - ►ealnmk ❑aw.a waa..wreow.y s i::. `:. H" peexraywr.a..a.a a O,wsbw.. arrreao� a is �Pawuarwijqjw0`l<4/d11'7 L1GAft5IDAl LW OrWi pp �?i1 __=_____•__=====AZALEA = 3916 OLEANDER DR WILMINGTON. NC 28403-6758 3686440406 05/24/2019 (800)275-8777 1:28 PM Product Sale ======Final Description Oty Price First-Ciass 1 $1.75 Mail Large Envelope (Domestic) ,WILMINGTON. NC 28411) (Weight:0 Lb 5.50 Oz) (Estimated Delivery Date) (Tuesday 05/28/2019) $3.50 Certified_ ti�POSTAL EXPERIENCE Go to: https://postalexperi$nrS.00m/PO$ 840-5280-0178-002-00028-11878-02 or scan this code with your mobile device: � J or call 1-800-410-7420. YOUR OPINION COUNTS Bill N. 840-52800178-2-2811878-2 Clerk: 02 RECEIVED OCT 1 1 2019 DCM-MHD CITY CERTIFIED MAIL RECEIPT 02 li-M L1�_ .. � �V{.b Mrq 1. i.rrA A`ogei{{G • gglW� .�� Mw wq gMwcgwbelMCMb • '� bll iN b b, bbi d M i'�wpyy� amwlgp.y.p��y t.w,.y...e� FRANK Ij Vm 1 V c WeL/W rrA, , '�)AR3cAEne OP.iM . W(uAW&W, N4 28'b5 7015 0640 0000 42 44 CERTtFfEE)MAIL RECEIPT 110. (♦ _ n^ w�lrw • � it.➢5 ns'iu2019 Lw�AlEe6 Y— 1C411-'1'22Z M r I. AmdA -.nrgwl.0liw m a. awq Xmm,m,ftolbp� nYgbMO.td MnY�tYa.r lqw pm..!- ugq,rn:�l5r N� tvwooeQ �; �ti1%%Fxr� Rmr�6tllVi Nf. �I'yz2ZLl 90 940216I4 635Ibi4V 63 as5909t02'Bt<F953 :<d20� °ocbVf N/W Iaw W.t..b!°'0640 0002 2E39 250L °a� am • var�.t...r.as�ww..w n - g rawmi+..rsbyau A w,y norrbbn amb.bt. IVM+m111V1=ANOW1w W{ul+4rtl:d �t ib BM 56(.ET) ATVWtA, 6A 30043-p607 P 95W9 i02161llYlll: 448297 OEM ....11..., o � 86908{0218t{Q053 NB2W °wrrwtiumlw. °Ir..�t. RECEIVED OCT 11 2019 DCM-MHD CITY C rri r n o rn rI Y Z 0 ■ Complete Items 1, 2, and 3. ■ Prim your name and address on the reverse so that we can return the card to you. • Attach this card to the back of rho nhallploce, or on the front If space penults. __ -. . _ —. 1. Amble Addreeeed to:_._ NCRTtimr Ww HAAW-;' rcJJ'iIb1rlN'y y+tW4 A4stiNl:b1r I oM r TCA Cl'EpC Row WiLmiilwo v✓ w 2$Lfll 9690 9402 5045 9092 9165 23 2: Aruele Mniber (aane/ahYan sacks kbeq — 1,7005 2570 0000 5703 9635 1 P3 Form 3811 „July 2015 PSN 7630.02-000-9063 A x D. to If —19--3..-. 1 n Item 17 ❑ Yes below: amo 13 ti ad DA" 0Re=ae Mall PAWbId 'M to" ❑new,ntk*Wphmr Mar:M1 .twd t>awrI D stM coCo nn,n.tbna ❑ ebnmve Conematbn neovwv ReahMhc neevery Domenic Rehun Recelpt Postal m CERTIFIED MAIL, 0- ..mestic Mail Only: o WIL"INGTONe 2d4'1 L 171 C3 — i 25 C3 Carwbe Fee C3 en rae,na " gFM au Wnwk t wed) f9.00 R O RBabx,IiN IIaaVMy Fee —�� M1 (Entlo.rnnanilnaewes) ru fl Told POMeee aFeee OB/01/2019 u1 O RECEIVER OCT 11 2019 DCM-MHD CITY RFCFIVFD AUG H 1019 DMA WILMINGTON, :::: ROY COOPER Covarta MICHAEL S. REGAN seawary BRAXTON C. DAVIS Dfrecmr Land Management Group c/o Greg Finch 3805 Wrightsville Ave Suite 15 Wilmington, NC 28403 Dear Mr. Finch: NORTH CAROUNA fnr6-a undra quaw October 4, 2019 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for 374 MCO, LLC c/o Roy Carroll B, for State approval for development of the subject property located at 349 Military Cutoff Road, adjacent to Howe Creek, in Wilmington, New Hanover County. It was received as complete on September 13, 2019 and appears to be adequate for processing at this time. The projected deadline for making a decision is November 27, 2019. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from September 13, 2019, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS l 13A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerer /Vl� Patrick Amico Field Representative cc: DCM-WIRO USACE Kathryn Thurston, City of Wilmington DCM- MHC Chad Coburn, DWR Christine Bouffard, LPO 347 MCC, LLC c/o Roy Carroll 11, applicant D_EQ�� �" '�./� RECEIVED North Carolina Department of Environmental Quality I Division of Coastal Management WIImIngton Ofnce 1127 Cardinal Drive Ectenslon I Wllmington.Nonh Carollna2840S OCT 910.796.721511 2019 DCM-MHD CITY } H U U � N0T1(04'$1?j Cr a CAMA PERMIT APPLIED FOR Wilmington, New Hanover County, COMMENTS ACCEPTED THROUGH _November 4, 2019 APPLICANT: 347 MCO, LLC c/o Roy Carroll, 11 Northm Street Greensbefe. MC 37401 (336) 274 - 8531 AGENT: Greg Finch (910) 452 - 0001 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Wit MmUturi121 Cardinal Dir. Ext. NC 28405 ROY COOPER Gmem MICHAEL S. REGAN Secnlory BRAXTON DAVIS lAredw. Dlvlalm gfCmotnl Mmageare October 9, 2019 Advertising@stamewsonIine.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice: e 347 MCO, LLC / New Hanover County Hello Angie: Please publish the attached Notice in the Monday, October 14, 2019 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Jarimy Springer, (Customer No.70100342). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: Ipport & Customer Assistance MHC file Gregg Bodnar - WiRO USACE RECEIVED OCT 11 2019 Sete or North Carolina I Fmv alal Qaaab l Coastal Mwgeni nt DC M-M HD 127 Cardinal Ddw Gt., Wihnington, NC 28405 919 7%7215 CITY NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: September 13, 2019, 347MCO, LLCproposed to construct new mixed used development to include retail, hotel, residential and parking garages at 349 Military Cutoff Rd, adjacent to Howe Creek, Wilmington in New Hanover County. A copy of the application can be examined or copied at the office of Patrick Amico, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7423) during normal business hours. Continents mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to November 4, 2019 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED OCT 11 2019 DCM-MHD CITY U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2017-02531 County: New Hanover County U.S.G.S. Quad: Scotts Hill GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: The Carroll Companies Brian Slevar, 201 N. F tin Street Suite 201 Greensboro, NC, 27401 Agent: Wetlands & Waters, Inc. Perry Isner 2712 Minden Road Pleasant Garden, NC 27313 Size (acres) 44.5 Nearest Town Wilmineton Nearest Waterway OnslowBav River Basin Onslow Bay USGS HUC 03020302 Coordinates Latitude: 34.2517734732955 Longitude:-77.8235920946582 Location description: The project is located at 349 Military Cutoff Road, Wilmineton, New Hanover County, North Carolina Description of projects area and activity: This verification authorizes 0.47 acres of permanent wetland impacts and 70 linear feet Of permanent stream inmacls for the construction of a commercial development and associated infraslructm e. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Sections 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NW P 39 SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished In strict accordance with the attached conditions and your submitted application and attached information received by this office on December 7. 2017 and additional information received January 30, 2018. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless (lie nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide pemnit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management AM (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901. This Department of the Army verification does not relieve the permiltee of the responsibility to obtain any other required Federal, State or local approvals/permits. RECEIVED RECEIVED qFP 13 7019 OCT 11 2019 DCM WILMINGTON, NC DCM-MHD CITY If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Brennan Dooley at (910) 251.4694 or Brennan.J.Doolev(a)usace.armv.mil. DOOLEY.BRENNRNJO Corps Regulatory Official: HN.1512997613 Date: March 16, 2018 Expiration Date of Verification: March 18, 2022n RECEIVED OCT 11 2019 DCM-MHD CITY RECEIVED tiff' 132019 UCM WILMINGTON, NC Determination of Jurisdiction: A. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Pali 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ® There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW - Basis For Determination: Please see attached Approved Jurisdictional Determination Form. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdiction determinations as Indicated In B and C above). This correspondence constitutes an approved jurisdiction determination for the above described site. Ifyou object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M 15 Atlanta, Georgia 30303.9901 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is cornpiete, that it meets the criteria for appeal under 33 CFR pan 331.5. and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by May 15, 2018 ""It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence." DOOLEY.BRENNAN.I0HN.1512992613 Corps Regulatory Official: °""•'� • •••'• Brennan Dooley Date of JD: March 16, 2018 Expiration Date of JD: March 16, 2023 RECEIVED RECEIVED SEP 13 2019 DCM WILMINGTON, NC OCT 11 2019 DCM-MHD CITY SPECIAL CONDITIONS I. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. RECEIVED OCT 11 2019 DCM-MHD CITY RECEIVED SEP 13 Z019 DCM WILMINGTON, NC Action ID Number: SAW-2017-02531 County: New Hanover County Permittee: Brian Slevar, The Carroll Companies Project Name: The Avenue Date Verification Issued: March 16, 2018 Project Manager: Brennan Dooley Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Brennan Dooley 69 Darlington Avenue Wilmington, NC 28403 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date RECEIVED OCT 1 1 2019 DCM-MHD CITY RECEIVED SEP 13 7019 DCM WILMINGTON, NC The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at Itttp://cotpsmapu.usace.arm).mil/cm aces/t?tr136:4:0. Copy furnished: Chad Coburn (NCDWR) via email RECEIVED OCT 11 2019 DCM-MHD CITY RECEIVED SEP 13 %019 DCM WILMINGTON, NC Applicant: The Carroll Companies File Number: SAW-2017-02531 Date: Msrc 16.2018 Brlaa SL-nr Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter of mission A PROFFERED PERMIT Standard Permit or Letter ofpermission) B Ll PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E I h A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including Its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your leper, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. RECEIVED RECEIVED ocT 11 2019 OCN11 WIWINGTON, NC OCM-MHD CITY D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved 1D or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved 1D in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION 11- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: '` `- . ` ` If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: Mr. Jason Steele, Administrative Appeal Review Officer District Engineer, Wilmington Regulatory Division, CESAD-PDO Attn: Brennan Dooley U.S. Army Corps of Engineers, South Atlantic Division 69 Darlington Avenue 60 Forsyth Street, Room IOM15 Wilmington, NC 28403 Atlanta, Georgia 30303-9801 Phone: 404 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the o rtuni to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division. Attn: Brennan Dooley, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jari.vdictional Determinations send this form to: RECEIVED RECEIVED SEP 13 2019 OCT 11 2019 DC"- DCM WILMINGTON, NC MHD CITY Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-0001 Phone: (404) 562-5137 gECEIVED OCl ll 2019 oCM-MHD CITY RECEIVED SE P 13 '91c DCM WILMINGTON, NC APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Sedims IV of the JDForm Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A, REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): March 16, 2018 B. DISTRICT OFFICE., FILE. NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: Stale: NC County/parish/borough: New Hanover City: Wilmington Center coordinates of site (hit/long in degree decimal format): tat. 34.25335" N, Long. .77.82491" W. Universal Transverse Mercator: Name of nearest walerbudy: Howe Creek Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Mawnboro Inlet -Mason Inlet Name of watershed or Hydrologic Unit Code (HUC): 030203020502 Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. Check if other sites (e.g., offsite mitigation aides, disposal sites, etc...) arc associated with this action and are recorded on a different 1D form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Detemlination. Dale(s): 03/17/15 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION to DETERMINATION OF JURISDICTION. There Are.nu "navigable orrery of the US." within Rivers and Harbors Act (RHA) jurisdiction (redefined by 33 CFR pan 329) in the review area. (Required) ❑ Waters subject to the ebb and Flow of the tide. ❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There are and arc not'N ate" ofrde US"within Clean Water Act (C WA) jurisdiction (as defined by 33 CFR pan 328) in the review area. [Required] Waters of the U.S. a. Indicate presence of waters of U.S. In review area (check all that apply): TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent waters' (RPWs) that Row directly or indirectly into TNWs Nun-RPWs that Row directly or indirectly into TNWs Wetlands directly abutting RPWs that Row directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TN Ws Wetlands adjacent to nun-RPWs that Row directly or indirectly into TNWs Impoundments ofjurisdictional waters Isolated (interstate or intrastate) waters, including isolated wetlands b. Identity (estimate) size of waters of the U.S. In the review area: RECEIVED Non -wetland waters: 1200 linear feel: width (ft) and/or 3.5 acres. Wetlands: 5 acres. S E P I I All) c. Limits (boundaries) ofjudsdictlon based on: 1997 DellueaHOn Manny Elevation of established OHWM (if known): DCM WILMINGTON, NC 2. Nan -regulated waters/wellands (check if oppllcable).3 ® Potentially jurisdictional waters andor wetlands were assessed within the review arcs and ddennined to be not jurisdictional. Explain: Determined to not meet the 3-parameter approach. RECEIVED ' Boxes checked below shall be supported by completing the appropriate sections in Section 111 below. Vtaakdadll)(' 2()1J 'For purposes of this form, an RPW is defined as n m'hisutary that not a TN W and that typically flows)em-mend or has continuous tinus flaw at Ieu (e.g., typically 3 months). ' Supporting documentation is presented in Section lll.F. DCM-a HD CITY SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. It the aquatic resource is a TNW, complete Section III.A.I and Section IILD.I. only; If the aquatic resource is a wetland adjacent to a T'NW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section HIM below. I. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and Its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanoshave been met. The agencies will assert jurisdiction over non -navigable tributaries of TN Ws where the tributaries are "relatively permanent waters" (RPW's), Le. tributaries that typically Row rear -round or have continuous flow at least seasonally (e.g., typically 3 months). A welland that directly abuts an RPW is also jurisdictional. If (he aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.1).2. If the aquatic resource is a wetland directl) abutting a tributary with perennial flow, skip to Section HI.D.4. A wetland that is adjacent to but Had does not directly abut an RPW requires a significant nexus evaluation. Carps districts and EPA regions will Include In the record any available information that documents she existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands If any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbodya Is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all ofits adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of Its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or Its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.R.1 for the tributary, Section I11.B.2 for any onsite wetlands, and Section 111.B.3 for all wetlands adjacent to (ha( tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section I ILC helmv. I. Characteristics of nun-TN1Vs that How directly or indirectly Ingo TNW (I) General Area Conditions: Watershed size: 32791 acres Drainage area:025 square miles Average annual rainfall: 58 inches Average annual snowfall, 0 inches (11) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary Rows directly into TNW. RECEIVED ® Tributary Flours through 2 tributaries before entering TNW. Project wafers are 1-2 river miles from TNW. SEP 1 J 2M Project waters arc 1 (or less) river miles from RPW. Pmjeci wafers are 1 (or less) aerial (straight) miles from TN W. Project waters are 1-2 aerial(straigho miles fore RPW. DCM WILMINGTON, NC Pmjec1 waters cons or serve as slate boundaries. Explain: Identify flow mule to TNW': Project waters flow into Howe Creck which flows into Masonhoro Inlcl-Mason Intel 'Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally maim the and Well. ' Flow route can be described by identifying, cg_ tributary a. which flows through the review area, to Ilow into tributary b, which then noses into TNW. RECEIVED OCT 1 1 2019 DCM-MHD CITY Tributary stream order, if known: 2. (b) General Tributary Characteristics (check all that apply)' Tributary is: ® Natural ❑ Artificial (ran -nude). Explain: ❑ Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: 5 feet Average depth: 0.75 feet Average side slopes: 2:1. Primary tributarysubstrate composition (check all that apply): ❑ Sills ® Sands ❑Concrete ❑ Cobbles ❑ Grave ® Muck ❑ Bedrock ❑ Vegetation. Type/%cover: ❑ Other. Explain: Tributary condition/stability[e.g.. highly eroding, sloughing banks[. Explain: relatively stable. Presence of mNriBle pool complexes. Explain: none observed. Tributary geometry: Relatively straight Tributary gradient (approximate average slope): 0.5 5. (c) ELM Tributary provides for: Seasonal flow Estimate average number of flow events in review area,year: 20 (or greater) Describe Bow regime: Seasonal. Other information on duration and volume: Surface Flow is: Discrete and confined. Characteristics: Subsurface flow: Pick L61. Explain findings: ❑ Dye (or other) lest performed: Tributary has (check all that apply): ® Bed and banks ® OI IWMs (check all indicators that apply): ® clear, natural line impressed on the bank ❑ ® changes in the character of wil ❑ ❑ shelving ❑ ❑ vegetation maned dove, bent, or absent ❑ ❑ leaf litter disturbed or washed away ❑ sediment deposition ❑ ® water staining ❑ ❑ other (list): ❑ Discontinuous OHWM ° Explain: the presence of litter and debris destruction oflereslrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community If factors other than the OH WM were used to determine lateral extent (if C WA jurisdiction (check all that apply): ❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by: ❑ oil or scum line alongshore objects ❑ survey to available datum: ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings.characlerimics ❑ vegetation lines changes in vegetation types. ❑ tidal gauges ❑ other (list): (ill) Chemical Characteristics: Characterize tributary (e.g., water color is dear, discolored, oily film; water quality: general watershed characteristics, etc.). Explain: Water color is somewhat dark, likely due to high presence of organics. Identify specific pollutants, if known: "A natural or man-made discontinuity in die OIIWM dues not neecvarily severjurisdietion (e.g.. where the stream temporarily flows underground. or where the OIIWM has been removed by development or agricultural practices). Where there is a break in the 011WM that is unrelated to the walerbodv's flow regime(e.g., flow over a rock outcrop or through a culvert). the agencies will look fur indicators of flow above and bit ow the break. RECEIVED 'Ibid. RECEIVED SEP 13 2019 OCT 11 2019 DCM-MHD CITY UCM WILMINGTON, NC (iv) Biological Characteristics. Channel supports (check all that apply): ® Riparian corridor. Characteristics (type, average width): ® Wetland fringe. Characteristics: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmertally-sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that Bow directly or indirectly into TNW (p Physical Characteristics tributary. (a) General Wetland Characteristics: Properties: Welland size:5 acres Wetland type. Explain:Riverine Swump Fumst . Wetland quality. Explain:High(NCWAM). Project wetlands cross or serve as state hounduries. Explain: (b) General Flaw Relationship with Nun-TNW: Flow is: latermltteht QOW. Explain: Wetland surface water releases at higher rain events. Wetlands flow into the Surface flow is: D4itn:M Characteristics: Subsurface flow: Pltic-Usf. Explain findings: ❑ Dye (or other) test performed: (c) Welland Adjacency Delerminalimt with Nun-TNW: ® Directly shutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximity (Relalicnshipl m TNW Project wetlands arc ( (at leap) river miles from TNW. Project waters are 14 aerial (straight) miles from TNW. Flow is from: Wedisud to kaAlytile Watera. Estimate approximate location ofwedand as within the 1,00.59,"r floodpiain. (11) Chemical Characteristics: Characterize wetland system (e.g., water color is dear, brown, oil film on surface: water quality; general watershed characteristics; etc.). Explain: Water color is dark, likely due to high level oforganics. Identify specific pollutants, if known: (lit) Biological Characteristics. Weiland supports (check all that apply): ® Riparian buffer. Characteristics (type, average widlh)A& wide. ❑ Vegetation type/percenl cover. ExplainYorested/ 100%cover. ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquaticlwildlife diversity. Explain findings: RECEIVED 7. Characteristics of all wetlands adjacent to the tributary (If any) All welland(s) being considered in the cumulative analysis: 4 Approximately ( 5 ) acres in total are being considered in the cumulative analysis. O C T 11 2019 ACM-MHD CITY RECEIVED S E P 1 3 1119 DCM WILMINGTON, NC For each wetland, specify the following: Directly abuts" IYMI Size tin acrsal Directly abuun l lsil Sin (in acres) A -Yes 2.5 D - Yes 2.5 Summarize overall biological, chemical and physical homtions being perfonned: C. SIGNIFICANT NEXUS DFA ERh11NA9'IUN A significant nexus analysis will assess the How characteristics and functions of the tributan itself and the functions performed by any wetlands adjacent to the tributary to determine If they significantly affect the chemical, physical, and biological Integrity of a TNW. For each of the following situations, a significant nexus exists If the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are nut limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. I/ is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adj scent wetland or between a tributary and the TN W). Similarly, the fact an adjacent Welland 11" within or outside of a Roodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapmms Guidance and discussed in the Inatrtscfiond Guidebook Factors to consider include, for example: • foes the tributary, in combination with its adjacent wellands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood seaters reaching a TNWI • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, web as Reding, canting, spawning, or rearing young for species that arc present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity as transfer nutrients and organic carbon that support downstream foodwebs? • toes the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW^ Note: the above list of considerations Is not inclusive and other functions observed or known to occur should be documented below: I. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly Into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section IILD: 2. Significant nexus findings for non-RPW and Its adjacent wetlands, where the non-RPW flows directly or indirectly Into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IILD: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERSIWETLAYDS ARE. (CHECK ALL THAT APPLY): I. TNWs and Adjacent Wetlands. Check all that apply and provide sire estimates in review area: ❑ TNWs: linear fed width (fi), Or, acres. ❑ Wetlands adjacent to TNWs: acres. RPWs that How directly or indirectly into TN Ws. ❑ Tributaries of TNWs where tributaries typically flow year-round arejurisdicfional. Provide data and rationale indicating that tributary is perennial; Tributaries of TNW where tributaries have continuous flow "seasonally" (e.il typically three months each year) are jurisdictional. Date supporting this conclusion is provided at Section III.R. Pmvide rationale indicating that tributary flows seasonally: RECEIVED RECEIVED HP 13 *"M DCM WILMINGTON, NC OCT 11 2019 DCM-MHD CITY Provide estimates for jurisdictional waters in the review area (check all that apply): ® Tributary waters: 1200 linear feel width (it). ® Other non-weland water: 3.5acres. Identify tyMs) of waters: Open waters. 3. Non-RPW'sa that Row directly or indirectly Into TNWs. ❑ Waterbody that is not a'f NW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TW is jurisdictional. Dala supporting [his conclusion is provided of Section IILC. Pmvide estimates for jurisdictional waters within the review area (check oil [ha[ apply): eTributary waters: linear feel width (ft). Other non-we[land waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ® Wetlands directly abut RPW and thus arc jurisdictional as adjacent wetlands. ❑ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: ® Wellatdi directly abutting an RPW where tributaries typically Row "seasonally." Provide data indicating [hat tributary is seasonal in Section 111.111 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: 5 acres. 5. Wetlands adjacent to but not dimity abutting an RPW that Row directly or indirectly into TN Ws. ❑ Wetlands (hat do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW arcjurisidiclional. Data supporting this conclusion is provided at Section IILC. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWa that flow directly or Indirectly Into TNWs. ❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section IILC. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters1, As a general role, the impoundment of ajurisdictional tributary remainsjurisdiclional. ❑ Dentonslri le that impoundment was created from "waters of the U.S.," or ❑ Demonstrate that water meeLi the criteria for one of the categories presented above (1-6), or ❑ Demonstrate that water is isolated with a nexus to commerce (sue E below). F. ISOLATED [INTERSTATE OR INTRASTATEI WATERS, INCLUDING ISOLATED WETLANDS, THE. USE., DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE. COMMERCE., INCLUDING ANY SUCH WATERS (CHECK ALI. THAT APPLY)?' ❑ which arc or could be used by interstate or foreign travelers for recreational or other purposes. ❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑ which are or could be used for industrial purposes by industries in interstate commerce. ❑ Interstate isolated waters. Explain: ❑ Other factors. Explain: 'Sec Footnote n 3 'To complete the analysis nice to the key ut Section III.D.6 of the Instructional Guidebook. u Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts %ill elevate the action to Corps and F.P % RQ for revive, mn.kiemt %I th the proerss described in the Corps/EPA Memorandum Regarding CIVA Act Jurioliedon Follmr4ng Rapano R EC E IV E D RECEIVED SEP 13 114 OCT 11 2019 DCM WILMINGTON, NC (]CM-MHD CITY Identify water body and summarize rationale supporting dclerndna lion: Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear fea width (B). ❑ Other non -wetland waters: acres. Identify type(s) of waters: ❑ Wetlands: acres. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ❑ If potential wetlands were assessed within the review area, these area did not meet the criteria in the 1997 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SWANC'C;' the review area would have been regulated based sulnly on the "Migratory Bird Ruler (MBR). ® Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. F.xplainTra d was determined to be excavated In high ground based upon an site determination 03/1711 S. ❑ Other (explain, if nou covered above): Provide acreage estimates for non -jurisdictional waters in the review area, where the sole potential basis ofjunsdiclion is the MBR factors (i.e., presence of migratory bids, presence of endangered species, use of water for irrigated agriculture), using beat professional Judgment (check all that apply): LJ Non -wetland waters (i.e., rivers, streams): linear feet width (B). Lakes/ponds: acres. Other non -Welland waters: acres. List type of aquatic resource: Wetlands: acres. Provide acreage oslimales for nun -jurisdictional waters in die review area that du not meet the "Significant Nexus' standard, where such a finding is required furjurisdiaion (check all that apply): ❑ Non -wetland waters (i.e., rivers, streams): linear feel, width (0). I�LS�yiJll Lakestponds: 0.95 acres. Other non -wetland waters: acres. List type of aquatic resource: Wetlands: acres. SECTIONIV: DATASOURCES. A. SUPPORTING DATA. Data reviewed for JD (cheek all that apply -checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicanUconsultank Data sheets preparod/submitled by or on behalf of the applicant'cunsullam. ® OBfce concurs with data shecWdelineation report. ❑ Office does not concur with data sheets/delineation report. Data sheets prepared by the Corps: Corps navigable walers study: U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS S and 12 digit I IUC maps. U.S. Gi ological Survey map(s). Cite scale & quad name: USDA Natural Resources Conservation Service Soil Survey. Citation: National wetlands inventory map(s). Cite name: State/Local wetland inventory map(s): ® FEMA/FIRM maps: 100-year Floodplain Elevation is: (National Geodectic Venal Datum of 1929) ❑❑ Photographs: ❑ Aerial (Name & Dale): . RECEIVED ur ❑ Other (Name & Data): Site photographs. ❑ Previous delemninalion(s). File no. and date of response letter: 1 ❑ Appliabldsupporting me law: ❑ Appliable/supporting scientific literature: ❑ Other information(please specify):. CITY B. ADDITIONAL COMMENTS TO SUPPORT JD: RECEIVED SFP 13 -919 DCM WILMINGTON, NC Li1 - --- -- � ` r e 1 /) o IN - -----__ P \I\�A \ 1 1 REC IVE�D M itliI Ili y RECEIVED a. ;.: OCT 11 2019 s ; SEP 13 7M DCM-MHD CITY w s THE VENW DCM WILMINGTON, NC ranwwe»rmn-laew rawlew •�. �...�.'^+.—'iCrS.�_._I i !� I�Ii RECEIVED RECEIVED OCT 1 1 2019 ENSRffi2M6 AWV `a1RvEYINS• MG. gym. a¢o •»as. ener .w.mn, raa� rvww. Toes nab tleY as-eeao - rvw 2H aaemo S-E° 13 GTON.NC THE AVENUE WETLAND DISTURBANCE 9 CIT7. OF uxLnNGrcN. NG o > a' r, �- U U w _ U � � o Q W w U 30 PitOP05®6RAOE [20 N YE1L Al0 EwSTM6 6RAOE a s 0 0400 0.50 1.00 1.50 2400 2.50 -100 3450 4-00 4+50 5.00 5.50 6.00 The Avenue The Carroll Companies Wetland Impact 1-Profile f- R O F I L E YJ-LJLL Deemriher Tth, 2017 NO AND ���� NS' LMaI ewru.. corsPnRAreuceerUlm r Permit Drawings Sheet 3 of 4 TW AVENUE WETLAND D15TURBANCE01 .rx .oR.i. usctw xue • wc.a eeY eu.esae - rw... ew aurm CR O ULMNGTOML NC ec.Lts. r.�r rwi, r.w M el@T 1 Q x Cps CP V1 \ 70 V-4RV t xA / \� ,rS AT s� /. .. LA% PLAN VIEW .r.... r.r The Avenue The Carroll Companies Wetland Impact 2 & Stream Impact 1 December 7th. 2017 Permit Drawings Sheet 4 of 4 ENSINEEMN6 AND 511RVEYIN6, ING. v c 43 ff.rrabunis -(-n GORPr�tATE LIGB£E M.'!Bt 413'15 .m xuw e.�r -- �raln..o.w waive.sm AfMOOIJ OI?O[N - vw CeG� eudbo } � � H .r Q Z W -. W U ' e• W o U W .. U W w K rl 20 IS E �aD 0,50 P R O F I L E V 1£ W ,— Ett16TIR6 6RACE THE AVENUE UETLAND DISTURE NGE '2 GRY OF WLHBJGTQy NG Major Permit Fee Schedule Project Name: ea)rvo11 a -A County: Check No & Amount: 01 tv II'Ic;I 3,141-4 Development Type Fee DCM % DWQ % (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 101 0% ($0) excavation of any wetlands or open water areas. II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied. III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concems related to water quality or aquatic life: II(D) If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied. 9" IV. Development that involves the fillip and/or excavation of more than one ac $475 60% ($285) 40% ($190) of wetlands and/or open water areas: RECEIVED OCT 11 2019 RECEIVED DCM-MHD CITY ;)CM-MHD CITY ROY COOPER G.mor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division ofCoaelal Management October 4, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) areoa. bodnarCcDNCDENR.aov SUBJECT: CAMA Applicant: 347 MCO, LLC clo Roy Carroll, ll Project Location: 349 Military Cutoff Rd., adjacent to Howe Creek in Wilmington, New Hanover County Proposed Project: Construction of a new mixed -use commercial, office and residential development Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by November 4, 2019. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "*Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAM AGENCY SIGNATURE DATE RECEIVED OCT 11 M9 State or North Carolina I Environmental Quality I Coastal Management DCM-MHD CITY 127 Cardinal Dore Ext., Wilmington, NC 28405 919 796 7215 Spears, Courtney From: Spears, Courtney Sent: Friday, July 26, 2019 10:56 AM To: Amico, Patrick J Subject: FW: Carroll at the Avenue Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtney.soearsAncdenr.ctov 127 Cardinal Drive Ext. Wilmington, NC 28405 From: Spears, Courtney Sent: Tuesday, July 9, 2019 4:25 PM To: 'Finch, Greg' <gfinch@lmgroup.net> Subject: Carroll at the Avenue Hey Greg, We need the following for the major permit app for the Carroll at the Avenue project. • Signed MP-1 and MP-3 v • Address on MP-1 ✓ • Check box on MP-1 for JD and a copy of the 1DV • Impervious surface calculations: ✓ o Total area in AEC (sf) o Impervious in AEC (sf) o Area of pervious pavers/concrete in AEC (sf) Let me know if you have any questions. Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office cou rtnev. soears2r)ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 RECEIVED OCT 1 1 2019 t DCM-MHD CITY NC Division of Coastal Management MraloaPormlt Application Computor Shoot AEC: Ha6v Creek Fee: 5475 it11751 CDAITS — M.HC cc MCO, Hanover Inc / n/o Dato appik ton 'received as complete- In the Field office: 09.13.09 J Permit Authodzatlon! LVCAMA ODre<1909FTOBoth -- --- SITE DESCRIPTIONIP Eli INFORMATION _ ORW; es ' No I —P ❑Yes o � Ioa Tnkorc S Yos N t elbndc RayulrM (ripatinn): Yos �No l Critkal Hab ioL' es No Not Suro 151oot wah of obtained: Yos No Hazard Notification Returned: 1 ❑Yos QNo SAV: Yes Nlo Not Sure Shon Bottom, Yos No Not Temporary Impacts -❑Yes No Sure Sandbag�Yes • No Not Sure D:d I)to land use dossl6calbn Como NaUgaUo�+ Required (optional): — from county LUP: ❑Yos ONO ❑Yos No 16ofatorium Conditions: Environmental Assessment Dono. Langln of Shvellno: Oyes ONO ®NA ❑Yes CoNo ❑NA �J /A FT. - — Shonfish Area Destgnakn: /� Project Description: (code) Development Area: (code) Opon Closed V'— l -- — — -- -- _— -- SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) (r_rluro Wa!er Supply (FWS) Nutrient ScnslWo Waters (NSV j Sv+amp Waters (SW) [, High Quakty Watcfs (HONE Outstanding Rosourco Wa!ors (OR1'� WETLANDS IMPACTED ,(404) Corp, of Engineers (Jurisdictional -0 (LS) Soo lavender (Limonium sp.) (SS) G1asswor( (Saticomia sP.) wellands) (T(C )) Saw gross,(Gad'am }rtmakenso) _ (SA) Sn11 morsh coidgmss (SpaNna oiternlRord) (SY) Sn!t reed grass (Sparbna cynosura4des) (SC) Bulirush a 9-- sgtwro (Sa'(p-s sp.) IS (SP) SolUmoadow gross (Spa 'r patens) (Tl') Co11oJ (Typha spJ -- — .-- LJ (DS) So'! or spike grass (DistlChUs spxala) Zj(JR) Black rleedlerush (Junius roem-erlanw) APPLICATION FEE Ej No too regtered - 50.00 III(A) Private w/ D&F up !o 1 acre: 3490 can W appoad - 4250 Minor IWlirmtb1 to a CA? AA P.to)or Ma'or Modification to a CA,\tA Mabr perm'I - $100 permit - 5250 Perm t Transfer - $100 1 —[] III(B) Public or commercial % / 0bF to 1 acfe; 4144 can b0 applied - $400 Ma)or development Wdenslon request - CFII. Pubic or Corrlmerdallno dredgo $100 andtor fill - $400 I. Pnvole no dredge andtor 611 • 5250 17]III(C) Priv. publ'w or corn w ID8,F to 1 acre; 4144 can be applied. DCM needs DWO agreement • $400 -0 111(D) PrW pubLc or Comm w/ DdF 10 1 acro; 4144 Can't be applied • 5400 V Any dovoiopmonl Involv,ng DSF of more than 1 acre - $476 aE,press Permit • 52000 DMSION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: 347MC0, LLC clo Ray Carroll, 11 COUNTY: New Hanover PROJECT NAME: Carroll at the Avenue LOCATION OF PROJECT: 349 Military Cutoff Rd., Aril to Howe Creek, Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 9-13-19 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: NIA FIELD REPRESENTATIVE:Anrico DISTRICT OFFICE:WILMINGTON DISTRICT MANAGER REVIEWS to Dlaot�t B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $475 (60140)811751 APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 10-14-19 END OF NOTICE DATE: 11-4-19 ADJ. RIP. PROP NOTICES RECD: C) 75 DAY DEADLINE: 11-27-19 MAIL OUT DATE: 10-10-19 PERMIT FINAL ACTION: ISSUE DENY DEED REC'D: Yes ISO DAY DEADLINE: STATE DUE DATE: 11-4-19 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep Local Permit Officer DCM DCM — LUP Consistency Determination Rural Development Division DEMLR — Stornwater & Sed/Erosion DWR-401 DOA — State Property Office DMF — Shellfish Section NCDOT DMF — Habitat & Enhancement DWR — Public Water Supply USACE — Regulatory DNCR —Archives & History DNCR —Natural Heritage Program WRC — Wildlife Resources Commission Ktl'Glv�v OCT 2 2 2019 DCM-MHD CITY NC Division of Coastal Management Major Permit Application Computer Sheet AEC: Howe Creek Fee: $475 #11751 CDAITS MHC cc Applicant: 347 MCO, LLC c/o Roy Carroll Agent/Contractor: Land Management Group, Inc / Greg Finch & Christian Prezioso Project Site County: New Hanover Staff: Patrick Amico District: Wilmington Project Name: Carroll at the Avenue Rover File: n/a River Basin: Cape Fear Initial date of application submittal: 05-24-19 Date application "received as complete" in the Field office: 09-13.09 Permit Authorization: CAMA Dredge & Fill Both SITE DESCRIPTION/PERMIT INFORMATION ORW: WYes No I PNA: ❑Yes o Photos Taken: YesEl NOFT Setback Required (riparian): Yes No Critical Habitat: ❑Yes LoNo LjNot Sure 15 foot waiver obtained: Yes No Hazard Notification Returned: ❑Yes ®No SAV: ❑Yes ®No []Not Sure Shell Bottom: []Yes I$No ❑ Not Temporary Impacts: []Yes []No Sure Sandbags: Yes KINo ❑ Not Sure Did the land use classification come Mitigatio Required (optional): from county LUP: ❑Yes ❑No ❑Yes 0No Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yes ❑No [SNA ❑Yes RN0❑NA N%Y FT Shellfish Area Designation: ) I\J /A Project Description: (code) Development Area: (code) Open -or- Closed G C SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) Swamp Waters (SW) High Quality Waters (HQW) I X Outstanding Resource Waters (ORN) WETLANDSIMPACTED At & (404) Corp. of Engineers (Jurisdictional Lj (LS) Sea lavender (Limonium sp.) LI (SS) Glasswort (Salicornia sp.) wetlands) El (CJ) Saw grass (Cladium jamaicense) El (SA) Salt marsh cordgrass (Spartina 0 (SY) Salt reed grass (Spartina altemiflora) cynosuroides) (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemedanus) patens) APPLICATION FEE ❑ No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 3490 III(D) Priv. public or comet w/ D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 ❑ Minor Modification to a CAMA Major Major Modification to a CAMA Major ,6e3'IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer - $100 III(B) Public or commercial w/ D&F to 1 El Express Permit - $2000 acre; 4144 can be applied - $400 Major development extension request- El II. Public or commercial/no dredge RECEIVED $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 acre; 4144 can be applied; DCM needs OCT 2 2 2019 DWQ agreement - $400 UUM-MHU U I Y 347 MCO, LLC Date: 9-13-19 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One New Work K Replace Maint ❑ ❑ Y ❑ N O"r r New Work Replace Maint ❑ ❑ Y ❑ N / New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work C3 Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount 6 Dredge ❑ Fill ❑ Both ❑ Other Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919-733-2293 :: 1-888.4RCOAST a wvwv.ncconstaimanagement.net revised: 02/2611 Major Permit Fee Schedule Project Name: 0GLVVoil 0 Tke, f-'1CW0LJ-e, County: Check No & Amount: Development Type Fee DCM % DWQ % (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0%($0) excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: MID). If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: 9^ IV. Development that involves the fillip and/or excavation of more than one ac $475 60% ($285) 40% ($190) of wetlands and/or open water areas: RECEIVED OCT 2 2 2019 DCM-MHD CITY Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 9/17/2019 Paramount 347 MCO, LLC first 11751 $475.00 major fee, 349 Military Cutoff Rd, CS rct. Engineering Inc. National Wilmington NHCo NO Split 7934 Bank } w o U > W W � � c� o O _ � U 0 RECOMMENDATIONS FOR 347 MCO. LLC c/o Roy Carroll 10/4/19 It is the staffs recommendation that the proposed upland development is CONSISTENT with the Rules of 15 NCAC 7H.0209 provided the pervious paver system/green roof receives 100% credit for the BUA proposed as pervious pavers and the total impervious surface area for the lot remains below 25%. This office has no objection to the proposed work, provided it is consistent with all other state and federal permitting requirements. It is recommended that any permit issued should include standard conditions for upland development. RECEIVED OCT 2 2 2019 DCM-MHD CITY 0 NORTH CAROLINA /vrovrorunentnl 4)ua6n October 9, 2019 Advertising@stamewsonline.00m 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice: • 347 MCO, LLC / New Hanover County ROY COOPER Gommor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Divt um offoanal Mamgement Hello Angie: Please publish the attached Notice in the Monday, October 14, 2019 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Jarimy Springer, (Customer No.70100342). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. pport & Customer Assistance cc: MHC file Gregg Bodnar - WiRO USACE RECEIVED OCT 2 2 2019 State of North Carolina I Environmental Quality I Coastal Management DCM-MHD CITY 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 U611I cel D[e] a 31 IN laesf] � APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: September 13, 2019, 347MCO, LLCproposed to construct new mixed used development to include retail, hotel, residential and parking garages at 349 Military Cutoff Rd., adjacent to Howe Creek, Wilmington in New Hanover County. A copy of the application can be examined or copied at the office of Patrick Amico, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7423) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to November 4, 2019 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED OCT 2 2 2019 DCM-MHD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: 347 MCO, LLC c/o Roy Carroll 2. LOCATION OF PROJECT SITE: 349 Military Cutoff Road, adjacent to Howe Creek, in New Hanover County Latitude:34°15'04.23"N Longitude: 77°49'.24.56"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Date of Site Visit — 9/25/19 Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 05/27/19 (initial), 09/13/19 (completed) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - New Hanover County Land Classification from LUP — Watershed Resource Protection (Upland), Conservation (Open Water) (B) AEC(s) Involved: ORW — Coastal Shoreline (C) Water Dependent: No (D) Intended Use: Commercial, Residential (E) Wastewater Treatment: Existing — municipal Planned — municipal (F) Type of Structures: Existing — 51 mobile homes with associated roads/driveways, 3 commercial buildings, and residential homes Planned — high -density multi -family residential, business, commercial, and single family residential (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] Up 1 B • ' (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (Open water (C) Other- Upland Disturbance 33.3 acres (D) Total Area Disturbed: 33.3 acres (E) Primary Nursery Area: Yes (F) Water Classification: SA-ORW Open: No 8. PROJECT SUMMARY: The applicant proposes to construct new mixed -use development in the Coastal Shoreline — Outstanding Resource Water (ORW) Area of Environmental Concern (AEC) with commercial retail, hotel, office, residential units, and parking garages. RECEIVED OCT 2 2IM-_ _ DCM-MHD MCO, LLC c/o Roy Carroll H Page 2 9. PROJECT DESCRIPTION: The project site is located at 349 Military Cutoff Road, adjacent to Howe Creek, in New Hanover County. To locate the property from Market Street (NC Highway 17), head southeast on N Cardinal Drive toward Vision Drive for approximately 0.5 miles and turn left on Eastwood Road. Travel for 1.8 miles and turn left on Military Cutoff Road. Travel 1.7 miles and the property of interest is on the right. The property is approximately 44.5 acres and is approximately 10-26' above normal high water (NHW), The property area consists of six (6) parcels that are mostly developed. The parcel along Military Cutoff Road is developed with three (3), commercial buildings. The parcel directly behind the aforementioned parcel is Hidden Lakes Mobile Home Park which consists of 51 mobile homes. Two of the three smaller parcels located in the northern area of the site currently contain single family homes. The other parcel is undeveloped and forested. A utility easement runs along the eastern property boundary. Vegetation on the tract consists of lawn grasses, native upland species, and 404 wetland vegetation. A delineation was conducted in 2015 and 2016 by Huysman and Bandy, hie. which was approved by the US Army Corps of Engineers on March 16, 2018 (Action ID SAW-2017-02531). There are 5.2 acres of 404 wetlands and 1,600 linear feet of stream channel. There are also two jurisdictional ponds and one non -jurisdictional pond (see Sheet 1 of 4). There appear to be no Coastal Wetlands in the project area. The City of Wilmington/New Hanover County 2006 Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Watershed Resource Protection. The waters of the Howe Creek are classified SA-ORW by the Division of, Water Resources. The open water area is designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to construct new mixed -use development in the Coastal Shoreline — Outstanding Resource Water (ORW) Area of Environmental Concern (AEC) with commercial retail, hotel, office, residential units, and parking garages. There are no water dependent structures or impacts to open water areas or Coastal Wetlands. Upland development would consist of ten (10) building and three (3) parking garages, with two (2) outparcels. There would also be 435 associated parking spaces. A portion of the proposed upland development falls within the 575' Coastal Shoreline ORW AEC, which consists of a portion of building #9 (see Sheet 3 of 4). The total built upon area in the 575' AEC would be 64,923 ftz, and the total impervious surface in the AEC would be 62,838 ft2, which would be a total of 25% impervious in the AEC area. Within the 575' AEC there would be 2,085 ftz of pervious pavers/green roof which the application states would be 100% pervious. The applicant states there would be impacts to a 3.4 acre open water pond to convert it to stormwater use. The application also states that impacts to 0.47 acres and 70 linear feet of stream were previously authorized for road crossings and general site development (Action ID #SAW-2017-02531 and DWR Project 2017-1606). The application states that an Individual Permit (IP) has been submitted to the US Army Corps of Engineers for the proposed impacts and development related to the 3.4-acre pond (see Sheet 2 of 4). The application includes a breakdown of the building uses, height, and square footage as well as parking details (see Narrative). 10. ANTICIPATED IMPACTS: The proposed new development would disturb approximately 33.3 acres of the 44.5-acre project area. The total impervious, area would be 42.8%, but the application states that the area inside the 575' AEC would be limited to.25%. The total built upon area in the 575' AEC would be 64,923 ftz, and the total impervious surface in the AEC would be 62,838 ftz, which would be a total of 25% impervious in the AEC area. The total area of pervious pavers/green roof would be 2,085 W. The application states that there would be impacts to a 3.4 acre area associated with an open water pond; this action is associated with a separate application for a USACE Individual Permit. The application states that runoff to Howe Creek would be minimized through the use of pervious pavers and/or pervious concrete and through the use of wet detention.basins (see Narrative). The application notes that previous impacts to 0.47 acres of 404 wetlands and.70 LF of stream impacts were previously authorized for road crossings and general site development (Action ID# SAW-2017-02531 & DWR Project 2017-1606). Submitted by: Patrick Amico Date: 10/4/19 Office: Wilmington 3. DCM MP-1 Section 6.0 Additional Information 3.1 Section 6. a. Project Narrative The proposed development is situated on a 44.5-acre site that is located at 349 Military Cutoff Road, between Old Maccumber Station Road and East Westwood Road and adjacent to Howe Creek in Wilmington, New Hanover County. The project area consists of six (6) separate parcels that are mostly developed. The parcel located along Military Cutoff Road contains three commercial buildings with associated parking areas. The parcel located behind it is the Hidden Lakes Mobile Home Park, which has 51 mobile units. Two of the three small parcels located in the northern part of the site currently contain residential homes. The other parcel is undeveloped and forested. A utility easement runs along the eastern property boundary. Surrounding land use consists of a mix of residential development and undeveloped and forested land to the north and east, with commercial development to the south. Military Cutoff Road is located along the western project boundary and Howe Creek along the eastern. A mix of residential and commercial development is located west of the road. A site delineation of 404 wetlands for the project area was performed by Huysman & Bandy, Inc. in 2015 and 2016. The delineation was approved by Mr. Brennan Dooley of the U.S. Army Corps of Engineers on March 16, 2018 (Action ID# SAW- 2017-02531). The project area contains 5.2 acres of 404 wetlands and 1,600 LF of stream channel (UT of Howe Creek). Additionally, two jurisdictional ponds are located on site; a smaller one adjacent to the stream in the northern part of the site and a larger one in the southern part of the site. A non -jurisdictional stormwater pond is located in the center of the site and mobile homes are situated around it. The proposed project consists of a mixed -use development with commercial retail, hospitality (hotel), office, residential units and parking garages. The residential units will be located above the commercial space throughout the proposed development. Ten (10) buildings and three (3) parking garages are proposed. Two (2) outparcels are also planned. Total proposed impacts are to 3.4 acres of an open water pond in order to convert the pond to stormwater use. Note that impacts to 0.47 acre of wetlands and 70 LF of stream were previously authorized for road crossings and general site development (Action ID# SAW-2017-02531 & DWR Project 2017-1606). A separate USACE Individual Permit (IP) has been submitted to the USACE for the proposed 3.4-acre open water (Waters of the US) impact. Table 2 is a breakdown of the uses in each of the ten buildings and the associated square footage for each use. The table also notes the overall building heights and number of bedrooms per residential unit and proposed number of rooms in the hotel. Only a portion Building 9 is located within the 575' AEC. RECEIVED MAY 2 4 2019 DCM WILMINGTON, NC 4LMG LAND MANAGUIENr GROUP May 24, 2019 TO: Debbie Wilson NC DEQ NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Caroll at The Avenue, Wilmington CAMA Major Permit Application Request Debbie, Please find enclosed a CAMA Major Permit application and supporting materials for the Caroll at The Avenue project located off Military Cutoff Road in Wilmington, New Hanover County. Adjacent riparian landowner notifications have been sent by certified mail and the return receipts will be forwarded once received. Please let me know if you have any questions or need anything in addition to accept the application as complete. Sincerel ULU Elizabeth B. Freedland Staff Scientist Land Management Group A Davey Company RECEIVED MAY 2 4 �019 DCM WILMINGTON, NC Enclosure: CAMA Major Permit Application; Figures; Authorization; Fee Check cc: Rob Balland — Paramounte Engineering, Inc. www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) 347 MCO, LLC Carroll at the Avenue Applicant 1: First Name MI Last Name Roy E Carroll, II Applicant 2: First Name MI Last Name NA NA NA If additional applicants, please attach an additional pages) with names listed Mailing Address PO Box City State 201 North Elm Street Greensboro NC ZIP Country Phone No. FAX No. 27401 USA 336-274-8531 NA Street Address (if different from above) City State ZIP NA Email NA 2. AgenVContractorinformation Business Name Land Management Group Agent/ Contractor 1: First Name MI Last Name Greg Finch Agent/ Contractor 2: First Name MI Last Name Christian Preziosi Mailing Address PO Box City State 3805 Wrightsville Avenue, Suite 15 Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910-452-0001 ext.NA NA ext.NA FAX No. Contractor # NA NA Street Address (if different from above) City State ZIP NA Email QfiOCh(O71mOrOUD.Oet; CDreZiosi0mcirouD. net RECEIVED CAMA Permit Application for Major Development —May 2019 Carroll at the Avenue MAY 2 4 W9 Wilmington, New Hanover County, North Carolina DCM WILMINGTON, NC 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 349 Military Cutoff Road NA Subdivision Name City State Zip NA Wilmington NC 28405 Phone No. Lot No.(s) (if many, attach additional page with list) NA NA a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Cape Fear Howe Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural []Manmade ❑Unknown AIWW and Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []No work falls within. City of Wilmington 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) NA 44.5 actes , ' c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NA NWL (normal water level) (If many lot sizes, please attach additional page with a list) 10-26 ®NHW or ❑NWL e. Vegetation on tract Lawn grasses and natural upland and 404 wetland vegetation. f. Man-made features and uses now on tract The site is currently used as a mobile home park with 51 mobile homes associated roads and driveways, three commercial buildings and residential homes. g. Identify and describe the existing land uses adlacent to the proposed project site. High density multi -family residential, business, commercial and single family residential. It. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? UMX (CD) (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a National ❑Yes ®No ❑NA Register listed or eligible property? RECEIVED CAMA Permit Application for Major Development — May 2019 S E P 13 2019 Carroll at the Avenue Wilmington, New Hanover County, North Carolina DCM WILMINGTON, NC m. (i) Are there wetlands on the site? ®Yes []No (ii) Are there coastal wetlands on the site? []Yes ENo (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes []No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Municipal o. Describe existing drinking water supply source. Municipal p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ECommercial ❑Public/Govemment EPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the project is to redevelop the site from a mobile home park to a mixed -use development with commercial and residential uses. c. Describe the proposed construction methodology, types of construction equipment to be used during construction. the number of each type of equipment and where it is to be stored. Typical construction methodologies for site development and building construction. d. List all development activities you propose. Removal of the existing mobile home park and associated roadways and utilities. Construction of the mixed -use development as approved by the City Special Use Plan. Construction of associated stonnwater BMP's and infrastructure. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? 33.3 ❑Sq.Ft or EAcres g. Will the proposed project encroach on any public easement, public accessway or other area [_]Yes []No ENA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No new discharges. See stormwater submittal/permit for details. i. Will wastewater or stonnwater be discharged into a wetland? ❑Yes ENo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ENA j. Is there any mitigation proposed? ❑Yes ENo ❑NA If yes, attach a mitigation proposal. RECEIVED LAMA Permit Application for Major Development — May 2019 S E P 1 3 2019 Carroll at the Avenue Wilmington, New Hanover County, North Carolina DCM WILMINGTON, NC 6. Additional Information In addition to this completed application form, (MP-1) the following items below, f applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, dearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Phone No. NA Address Name Phone No. NA Address Name Phone No. Address Name Phone No. NA Addre>s g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Action IDa SAW-2017-02531 & DWR Project 2017-1606 h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by properly owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the development project will be subject to the conditions and restrictions contained in the permit. The I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date: 7/11) Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ®DCM MP-3 Upland Development ❑DCM MPA Structures Information LAMA Permit Application for Major Development — May 2019 Carroll at the Avenue Wilmington, New Hanover County, North Carolina ❑DCM MP-5 Bridges and Culverts RECEIVED SEP 13 Z019 DCM WILMINGTON, NC 2. Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. 6 10 buildings and 3 parking garages. See Section 3.1. c. Density (give the number of residential units and the units per acre). d. Size of area to be graded, filled, or disturbed including roads, 517 units, 11.6/acre ditches, etc. 33.3 so. e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? []Yes ®No ❑NA (if) If yes, list the date submitted: Pending g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 25% i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 42.8% j. Describe proposed method of sewage disposal. Municipal sewer I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent,'wash down" and residential discharges). Surface runoff m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Municipal water f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Asphalt, concrete, paver stone. h. Projects that require a CAMA Major Development Pemrit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Duality for review? ❑Yes ®No ❑NA (it) If yes, list the date submitted Pending k. Have the facilities described in Item (1) received state or local approval? ❑Yes ®No []NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ❑Yes ®No ❑NA If yes, attach appropriate documentation. n. (i) Will water be impounded? ❑Yes ®No []NA (ii) If yes, how many acres? RECEIVED MAY 2 4 2019 DCM WILMINGTON, NC o. When was the lot(s) platted and recorded? Prior to 1965 p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No ®NA 7/11/2019 oat, Carroll at the Avenue Project Name 347 MCO, LLC Applicant Name EU—M&(t(yfIMMID Agent, Land Management Group RECEIVED SEP 13 2019 DCM WILMINGTON, NC Project Name: The Avenue Client: CIP Project Number: 18473.PE Prepared By: AEC Checked By: RPB Last Updated: 9/12/19 Impervious Calculations within 575' LAMA Line pARAMOUNTE PROPOSED IMPERVIOUS Area Calculations Land Use SF Acres (AQ Asphalt/Roadway (C&G)/Parking - 0.00 Concrete / Sidewalks 2,943 0.07 Buildings 61,980 1.42 TOTAL PROPOSED = 64,923 1.49 Area within ORW Line and East PL Area 251,352 SF Allowed lmpemlous (25%) = 62,838 SF Proposed Impervious= 64,923 SF Pervious Pavement or Green Roof Required = 2,085 SF 5.77 AC 1.44 AC 1.49 AC 0.05 AC RECEIVED DCM WILMINGTON, NC Table 2. Building Data Table BUILDING DATA TABLE 111 B2 B3 E14 B5 B6 I B7 38 B9 1110 Total Height (ft) 45 55 45 55 75 75 75 75 s5 55 Parking Deck Spaces 394 606 610 1,600 Retail Area (sf) 7,200 28,700 4,OOD 11,000 13,000 13,000 24,600 13,500 115,000 Restaurant Area (sf) 8,000 8,000 16,000 Hotel Area (so 138,400 138,400 Hotel Rooms 231 231 Office Area (so 7,200 133,500 140,700 Residential Area (so 110,100 1 1 33,000 65,000 65,000 123,000 1 327,500 1 723,600 1-Bedroom Units 31 9r47 19 35 94 207 2-Bedroom Units 39 12 23 44 117 258 3-Bedroom Units 8 2 5 9 23 52 Residential Units 0 78 0 23 47 0 88 234 0 517 Single Lar est Fire Area (sf)Construction Tye II-B II-B II-8 11-B II-B II-B II-8 II-B II-B asSRrinklersYes Yes Yes Yes Yes Yes Yes Yes Yes NCFCB105 Fire -Flow Re t. (gpm)Fire-Flow Reqt. Reduced (gpm) 15DD 1500 1500 1500 15DD 1500 1500 1500 1500 NCFC B105 Fire -Flow Duration (hr) 14,400 146,800 12,000 44,000 78,000 78,000 138.4coir 147,600r 341,000 133,500 1,133,700 Parking for the proposed project will consist of surface and parking garage spaces (see Table 3). The majority of parking spaces are in a multi -level parking garage (1,600 spaces) and minimal surface parking spaces (435 spaces) are provided. The project is below the maximum parking spaces allowed per the City of Wilmington ordinance. Many of the surface spaces will be constructed of a pervious material to further reduce stormwater runoff. The following table illustrates the proposed parking spaces: Table 3. Breakdown of Proposed Parking UDO Quantity Unit Maximum Parking Allowed B3 B2 B3 B4 BS B6 B7 B8 I B9 I B10 Total Parking Provided Retail Area (sf) 0.01 spc/sf 36 144 20 55 65 65 0 123 68 0 575 Restaurant Area (so 0.02 spc/sf 0 123 123 0 0 0 0 0 0 0 246 Hotel Rooms 1.00 spc/room 0 0 0 0 0 0 231 0 0 0 231 Office Area (sf) 0.01 spc/sf 36 0 0 0 0 0 0 0 0 668 704 Residential Area (so 0 0 0 0 0 0 0 0 0 0 0 1-Bedroom Units 2.50 spc/unit 0 78 0 23 48 48 0 88 235 0 518 2-Bedroom Units 2.50 spc/unit 0 98 0 30 58 58 0 110 293 0 645 3-Bedroom Units 2.50 spc/unit 0 20 0 5 13 13 0 23 58 0 130 Parking DeckSaces 0 384 0 0 606 0 0 0 610 0 16M 16M Surface Parkin Spaces 1 1448 443 Total Parking S aces Allowed 0 384 0 0 606 0 0 0 610 0 3048 2043 Bicycle Parking Required Quantity Unit Total ADA PARKING REQUIREMENTS: 34 STANDARDSPACES 7 VAN SPACES TOTALADAPARKING REQUIRED=41 SPACES TOTALADAPARKINGPROVIDED=4I SPACES Retail Area (so 0.001 spc/sf 115 Residential (units) 1 spc/unit 517 Offce"9 0.0002 spc/sf 28 Total Required 660 The site drains to Howe Creek (stream index 18-87-23; classification SA; ORW). Stormwater management will be in accordance with City of Wilmington rules and regulations for high density development (impervious > 12%) and SA/ORW rules. Most of the proposed development is located outside the 575' stormwater setback from Howe Creek. Although the overall proposed impervious coverage for the project is 42.8%, the area inside the 575' stormwater setback is limited to 25% impervious coverage. Utilizing the existing southern pond, the applicant is currently proposing to construct two (2) forebays, one on the east and west sides of the pond. Due to the size of the existing pond, the prd4lEet�.'U+ a to meet MAY 2 4 N19 DCM WILMINGTON. NC the 1-year 24-hour pre vs. post water quality requirement for SA/ORW waters. It will also be able to store and meet the 2-year, 10-year, 25-year, 50-year, and 100-year pre vs. post storm events for flood control. Note that the project is only required to meet up to the 25-year storm per the City of Wilmington stormwater ordinance ant that that this site was previously developed before any water quality rules were implemented, so all existing runoff goes directly into Howe Creek. Additionally, the project will provide pervious pavement options that will reduce runoff and disconnect areas of impervious coverage from the collection system and the wet detention basins. This will be achieved by using pervious surfaces such as pavers and/or pervious concrete on surface parking spaces to minimize surface runoff to Howe Creek. Surface parking outside of the 575' setback will also include pervious pavers and/or pervious concrete. See separate Stormwater submittal/permit for final design and details. RECEIVED MAY 2 4 2019 DCM WILMINGTON, NC ROY COOPER NORTH CAROLINA Gove Envlronmentd QuaUW MICHAEL S. REGAN Secretary BRAXTON C. DAVIS October 4, 2019 nirecmr Land Management Group c/o Greg Finch 3805 Wrightsville Ave Suite 15 Wilmington, NC 28403 Dear Mr. Finch: The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for 374 MCO, LLC c/o Roy Carroll II, for State approval for development of the subject property located at 349 Military Cutoff Road, adjacent to Howe Creek, in Wilmington, New Hanover County. It was received as complete on September 13, 2019 and appears to be adequate for processing at this time. The projected deadline for making a decision is November 27, 2019. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from September 13, 2019, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a'Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely G� ��� •� - Patrick Amico Field Representative cc: DCM-WIRO USACE Kathryn Thurston, City of Wilmington DCM- MHC Chad Coburn, DWR Christine Bouffard, LPO 347 MCO, LLC c/o Roy Carroll II, applicant D _EQ� North Carolina Deparhnem of Environmental Quality I Division of Coastal Management___ Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, NotthCarollna 28405 910.796.7215 N0:T1(0$1: AMA PERMIT APPLIED FOR Wilmington, New Hanover County, COMMENTS ACCEPTED THROUGH APPLICANT: 347 MCO, LLC c/o Roy Carroll, 11 20-7 Roffn Lim Street Greenshere, NC 27-001 (336) 274 - 8531 AGENT: Greg Finch (910) 452 - 0001 i November 4, 20P19 FOR MORE DETAIILS CONTACT THE LOCAL PERMIT OFFICER BELOW: AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: 347 MCO, LLC Mailing Address: 201 NORTH ELM STREET GREENSBORO, NC 27401 Phone Number: 336.274.8531 Email Address: I certify that I have authorized Land Management Group Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: CARROLL AT THE AVENUE at my property located at MILITARY CUTOFF in NEW HANOVER County. Y I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature Roy E. Carroll, II Manager Print or Type Name Title 04 130 /2019 Date This certification is valid through 12 131 12020 RECEIVED MAY 2 4 N19 DCM WILMINGTON- NC 'FRWK 14 WNNV «MWd./WNCrAu ;SID AKftETkU MVE WmAi ,m, w 1A�105 m.vY-b„ " 7015 0640 0000 4244 9495 P8 Fam 9911, a+rza+a oan.rb�� • Rh11Y^b�stl epM1sm Apis,�M O/�(�an tiyr,IMaidbYN. -• MYWw WOMI��bY��Ys Ndhr r Naw tvwawx ,-vm abaeo:Aawo youU Nww,W,'19,ht"912z II�I�I�IIYIINUINIf�il!IINN 9590 9a02 1614 6053 4a62 60 7640 0002 2639 2508 X ow oasww 1 �` •CmpYb�el.2biES •RMYnrriYM 0.Wdb�m�ww�b pp� lYwmrTY,Iba�CbTCIL G � GOYdDiMT _ • Nbyr�bsGbb�MksbrbyYo� �, r pmb�brllybYpn� 0.YUi�YYY�Sw�Mr.n 1T 'A• 9 i L Abb/Y��CY: �Tm.se+�.r.�� pre ryAWR11M$l�'A;40WAVWiuc,�sPvVal. � hTi WM, EA 30843-p607 a9.rwwP onvYrreaae ohV+�e W' Z IIMN�WIIi�IiNNIN�INIIAN C/Il4��IYe�I'�I OM1I�WPittE MW940216146089M9297 °powarwor.raauiao+.r WW o+. oGY�`r e o09y�w mn t MtlrlbYlYbblr�Mt�YGy e C r 0 rr F ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we Can return the card to you. ■ Attach this card to the beck of the mallpiece, or on the front K space permits. 1. Article Addressed to: NORTNEW kW K414F-k WAt&y P}tl&A 61AHAW- 10I r rL44 CREEK R0O WiL#AiNuTDVp 'P Z tl 1111111111111111111111111111111111111 9590 9402 5045 9092 9165 23 2. Arlfcle Number (Ranter aorn services 1a 0 - 1,7005 2570 0000 5703 9635 ' P8 Form 381 1 „JLdy 2015 PSN 7WO-02.000.9063 X by Date of .1 D. Is delivery eddreail different fmm Item 17 u res If YES, enter delivery address below: �m 3. Service type I-Prlodry Mal Et¢re 0 A" SO4n T] Reolebred Mall D !Will ftrad s Aeetr ed Dalwery ❑ fud)l .A Mall Resldcted j(Cenlned MOM Uelmvy ❑ Cedu.rcl Mall ReWbted Dellvary ❑ Ratum Reaalptbr D Cokot oa D*Ary Maril'nllw ❑ Cdled w DWh y R dted Delivery O Slanalure ConflrmatbnTM ❑ toured Mall A Slanalee Cardlrmatlon ❑ Insuiud Mull RrtrloW Del" Reetkiled Delivery lever =�SU1 44.061 Eby= Domestic Return Receipt jS CERTIFIEE 3.(Oorreshc Mail 0, o I 11ILNINGTONr IF �rf1 Pn61a(f!I C3 M Cedwd Fw 0 p Raum gecWW Fee (EndoRBI11Wd R�glred) E3 Rest oal D.WM Fee rM1 (EnZnanuml RoeuWd) `l $1 Tole! Poebpe t Few 11 to IW 13 fient To o ��11 .A W.N]{r 0406 25 pOptrllB/R Here 08/01/2019 POa-No.IS_(3,FUTCN.CC@Ek_I�uaC Y. Moo Zlv..j .. ..... _....... ............ RECEI'l AUG 8 Z019 DCM WILMINGTON1, RECEIVED MAY 8 4 2Di9 DCM WILMINGTON, NC ' Bear c• r 1220 1622 srarr or - Rell =5tal, R_ . NpRo��EXi!SETOY. a' — 'T el. e'ree blrhe Tax._ REOORsgp RErE aN0 yERIPI MEW HARO'ERf cjkCEif� APB ?0 4 so PH'B3 Tax Lot Fa ......_... ..... .... Parcel Identifier Va. _. ' .... ._.. .._ Verified by -...._.. _. _ .... _...._...... .... .. . County on the , der of _ . _ ._ ......... 19 ..._. by........... . .. _.. bullafter recording to .... .....__.. ...... _..._................. .... ..__...__........__' ................... ...... .... ..... _........... _....... ._.__..._._._..............____._. .. This hutramentw,.,arcdhl ., Carlton .S,.. P_tickett,,- Bdd dreedption I., the ledex NORTH CAROLINA GENERAL WARRANTY DEED THIS DMI) made thln ._ I& ... day of -- January....._ . .... _., 1003 ., br and between GRANTOR GRA.\=13, EILEEN F. WERINGER (divorced) I NILR MCDBWELL HUDSDN 995 Navaho Trail Wilmington, NC rake Lo -lor able and tar eN m.y: ,am., add,rv, n,a. a .,,eopeuc, reannv N rota,. e^ empoeYen or pnlee x The dra roa0on Grantor and Grantee as need bectia abell include said partied their beta, sorcesaa and aaigue, and AW include afaraly, ploreL mumline. feeafaine or neater an reauhed by context VirrNESMM That the Grantor, for a valuable consideration, paid by the Granite, the receipt of which is hereby aeYnowledred, bas and by three p—t. does eran4 bargain, sell end roneq unto the Grantee In fee staple, ou that certain lot or penal of land situated in the City of- __......_.... Harnett ....... Toocohip, New Hanover Conalr, North Carolina end more parlicularlr described on foltous: BEING all or Lot 16, Westwood Heights Subdivision, as the same is shown on a map or Westwood Heights dated May, 1969, by Jack C. Stocks, RLS, and recorded in the Now Hanover County Registry in Map Book 10 at Pegs 37; being also Lot 16, Westwood Heights, as the same fe described by deed recorded in Book 997 at Page 296 of the New Hanover County, NC Registry. RECEIVED MAY 2 4 2019 DCM WILMINGTON, NC wt.ay�,.r r.,e v..seene. a..u.a rnt. S ` 90nr rrr 1220 1623 The pmperp berelnabove described was acquired by Cmutor by lurlmment recorded in A map shomiog the above described pmmrb is retarded in Plat Book ......... .... __..._....._ page ._..._.._..__.. TO HAVE AND TO HOLD the aforeaaid lot or parcel of land and all privileges and a"orteno ncea therein belonging to :he Crewtm in fee dmple And the Grantor cmtn"ta urilh the Cmnlea that Grantor is Weed of the pmod m in fee simply, bee, the dgbt to rmvey the Y0e, in fee almple6 that title V marhWble and free and dear of all ermooffl, vey and that Grantor all a t and defend the title apimt the 1°sfol claims of all permm abomeoev.r except for the ...aptiom heretoafter stated. Title to the pmpetty berdpabore desedbed is subject to the following escepliom: Y aR1tOf arr0lal. w anYf W 4nom at ah °ut W vµ .YrpaY. W O ` mh nYremrr Y M .yya Y m ati W b W aW .bepM .ay.n W w Ma Y Y 4�...n .aY .enemy /Y��'P°�r r W W ue rut Nn •• RbkI } Gtr:/ __ _alaY z EILEEN F. VEHINGER� 0 ___._--------------- .tinting x atrrar U e................_.____..._......_.__....._.___..__Ra W eV B. JmaYrr leavamre EnO Z t1 N- Bf a• 0 l• roan �e SS tZ i. NOTtCRy ,y . r.. etl.n nuY r W ee.p W agtle rt.tmq Ynur am ........... VEHINGEH a___.._.._..__._.__...�._______._______.___. us.m, i H PUS I-IC � arrgtttor aattraa atlm. tot mb w,i�W .s...t.4r w.....u®r w antra Wrm.em. ama. w �ttrtattteWe sY mmmennm.��.7.�__,___._-Jdat.t/itL.A/ _`Alglfd1K_raYy tom Neaia caaoraes, _. cwtp. i s Yra! h a W gob W Ru. aamr4 ugwe but t� Rra�tne ttY UnMV . nb w W aeYwYa.a nr _ Y Y emWr r nsna aroma snwnw., w ia.t b ..eras aW .Yea W u W oat r W tepmuoa w trtttta rmuamm wa droaa a W taint b to _...�.___ a - aYm Y YY W ta1aW tYmr a tatl tW _�_fa tl _._ ._.—� m erltYvlulY Ware xY ftraWt Gtlr11m1ettlY_$Itinn.L�_BBrbbBlt..Hnraxy-lh"IG -- — ------------ We. TY wYMt W Y4 YYInnY W arr ntmaN a nt 4Y W Wt TLVma W L'atV wa e W i?EBEZA P. TQlsmt or cma roa__..tiett.Hmovrs.__--_—morm 2 4 2019 NMUo"Am—.tom".'eg.raMamaan- DCM WILMINGTON, NC IN R. ' . BOOR P46[ HD RZYBNS& Suva 1335 0 019 DDRSWN BYt Richard N. Morgan, Attorney at Law STATE OF NORTH CAROLINA RECORDED AND VERIFIED REGISTER OF DEEDS )P 4 HANOVER Do. NO Jx 10 9 53 AH'86 COUNTY OF NEW HANOVER THIS DEED, made and entered Into this let day of July, 1986, by and between WILLIAM S. TOWLES and wife, BRENDA H. TOWLES (also known as Brenda G. Towles), of New Hanover County, North Carolina, parties of the first part) and WILLIAM B. TOWLES, of New Hanover County, North Carolina, whose mailing address is Route 3, Box 327B, Wilmington, N. C. 28403, party of the second part) N I T N B B S E T R, Whereas, the parties of the first part Dow Own the hereinafter described real estate as tenants by the entirety, and the parties desire to convey the same to the party of the second part, eo that he will be the sole owner of said real estate. 11 Now, therefore, the said parties of the first part, in consideration of the foregoing mittere and ONE (01.00) DOLLAR to them In hand paid, the receipt of which is hereby acknowledged, have given, granted, bargained, and sold, and by these presents do give, grant, bargain, sell, and convey unto the said party of the second part, hie heirs and aseigne, all those certain tracts, parcels, or late of land in New Hanover County, North Carolina, bounded and described as follows, to -wit, Tract 1. BEGINNING at a point in the Western R.O.W. line o£ the Military cut-off Road (100.0 foot R.O.W), said point being South 23 degrees 13 minutes West 103.60 feet from North Carolina Geodetic Survey Monument 'Charles- (coor. North 187,152.99E Bast 2,354,545.33) and also being located North 34 degrees 25 minutes Bast 145.00 feet and South 51 degrees 16 minutes 15 second Bast 107.03 feet from the Southeastern corner of Lot 22 of the subdivision of part of the A. p. Southerland, Carson, et al. Tracts. Running thence from said point of beginning along said Western R.O.W. line of the )(ilitary cut-off Road South 04 degrees 28 minutes 15 seconds West 174.68 feet to a point, thence North 51 degrees 20 minutes West 194.46 feet to a point in the Eastern line of the aforementioned Bubdivieion, thence along said Eastern line Worth 34 degrees 25 minutes Bast 145.00 feet to a point, thence South 51 degrees 16 minutes 15 seconds Bast 107.03 feet to the point of beginning. Above described tract containing .50 acres and being a part of the Jack Moore property as recorded in Deed Book 704 at page SO4 of the New Hanover County Registry. Being the game property described in a deed to William B. Towles and wife, Brea Towles, dated July 27, 1976, and recorded In Boot (PE � 4S of the New Hanover County Registry. MAY 2 4 2019 069267 DCM WILMINGTON, NC BOOK PAGE 1335 0020 f� Tract 2. BEGINNING at an iron pipe in the Hastern right of way of Secondary !road No. 1409 (Military cut-off 100-foot right of ray), said iron ppippee being located South 1 degree 0 minutes 46 seconds Nest 11o8.7 feet from the Southwest turner of Lo! 24 of the Westwood Heights Subdivision, same being recorded in Map Book 10 at page 37 of the NKr Benover County Eegistrys running thence from said beginning point South 44 degrees 33 minutes 26 seconds East 216.61 feet to an iron pipes thence South 41 degrees 41 minutes 6 seconds East 49.64 feet to an iron pipe in the run of Belly Hartle branch) thence with said branch to a point which in located North 72 degrees 48 minutes 52 seconds Met 79.93 feet from the preceding points running thence North 41 degrees 41 minutes 6 seconds West 93.30 feet to an iron pipes running thence North 44 degrees 33 minutes 28 seconds *set 286.96 feet to a concrete monument to the Eastern right of way line of Secondary coed No. 1409r running thence with said right Of ray line South 1 degree 0 minutes 46 seconds West 96.02 feet to the point of beginning. Containing 0.51 acres more or lees. All bearings are related to North Carolina arid. The courses and distances Bet out hereinabove are hosed on a survey of the premises made by Jack Stocks during December of 1972. Being the same property described in a deed to N. B. Towles and rife, Brenda 0. Towlee, dated January 2, 1273, and recorded in Book 958, page 570 of the New Remover County Registry. Subject to 1986 taxes. Together with all and singular the lends, tenements, easements, and appurtenances thereanto belonging or ie anywise appertaining, To SAVE AND TO HOLD the aforesaid tracts or percale of lend and all privileges and appurtenances thsreunto belonging to the mid party of the second part, his heirs and asaigna, Forever. And the said parties of the first part as covenant that they are seised of said promises In fee and have the right to convey the same in fee simpler that the same are free from encumbrencee, except as stated shover and that they will VIBRANT and DBFBHD the amid title to the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hareanto set their hands and seals, all the day and year first above written. 146 u (SEAL) u B./tow es �OwGo/ (BERL) Brenda-U. UlW eT RECEIVED MAY 2 4 2019 DCM WILMINGTON, NC th tle, doe NO . PACE 1335 0021 STATE OP BDRTB ChROURA COMM OP/;N�R,N,/B�AN,[ ER.. h" 1' w�. ■ eotaty Pub110 of !4l 2" moty, wort Carolina, do hereby prt� i fe, BRIMA 8. TOIR.BB (also !morn as Brenda O. 11Wappeared before Be this day and acknowledged foregoing instrssNet♦ sad 00tariiAl BBeal, this the day of July, •m�/Ji ,,/ No sy o stAn op mom Na, Hm a Com CAROLBIA rcauticits °EPsevatto °l______ 4;iFt diy R%Iip omifkdlo3e wveci____ nbtkl0_ dgof__-&jyJ9_A Ntphmof RECEIVED MAY 242019 DCM WILMINGTON, NC BOOK PACE /9 1 199 AN Hanover r (runty 0ontrahGO 94 - 038P 6 q�ORDED&VERIFIED STATE OF NORTH CAR4LIN/�,ARY SUE DOTS ff�JCAW,FL AWI S7e0-Od2'�a"d�! C�,.k, iSTER OF DEEDS COUNTYOF NEW HANO i, HA;IOVLR CO. NO s"�b'>',-rttade and enteral into this 31st day of March, 1999, by and between WILLIAM B. TOWLE.S and wife, BRENDA H. TOWLES. of New Hanover County, North Carolina, whether one or more, herein fler referred to as GRANTORS; and NEW HANOVER COUNTY WATER AND SEWER DISTRICT, a body corporate and politic of the State ofNorth Carolina, whose mailing address is 320 Chesnut Street, Wilmington, North Carolina 28401, hereinafter referred to as GRANTEE; 000066 WITNFg__SETH: WHEREAS, GRANTORS own property within the area ofNew Hanover County to be served by the GRANTEE'S sewer system; and WHEREAS, GRANTEE requires easements for the purpose of constructing and maintaining sewer lines, and GRANTORS have agreed to convey the necessary eas rmenl to GRANTEE; NOW THEREFORE, GRANTORS, for and in consideration of the sum of One Dollar (S1.00) and other valuable considerations to them in hand paid by GRANTEE, and in consideration of the mutual benefils inuring to the parties hereto, do hereby give, grant and convey unto GRANTEE a perpetual right and easement as more fully described in the paragraphs below. 1. Location of Easement. Being a permanent sewer and water eesanent on the property of the GRANTORS described in Deed Book 785, Page 74 New Hanover County Registry, and more specifically described on Exhibit "A" altwired hereto and incorporated herein by reference. 2. Purpose ofBaacment. The purpose of the easement is for water and sanitary sewer. GRANTEE'S right shall include constructing, laying, maintaining, Inspecting, operating, protecting, repairing, changing the size of replacing, removing or abandoning lines and fuc iines, and removing structures, fences, ttees, shrubs and vegetation within the easement area. GRANTORS shall have the right to use and enjoy said easement area subject to the easement and rights herein granted. At the conclusion of any installation or maintenance activities within the above described easement, the GRANTEE will retomthe casement toasnear Irria CCIVED feasiblely possible. FiC MAY 2 4 2019 i lletandl'o � 1.. f,,�, r� DPMN BY 7�1 DCM WILMINGTON, NC ;187145 r PAGE • BOOK Rmr INrmvax chancey tlntxact # 99 - 0789 ' . 5Yaeshie� bnn 7nr,w• -- — GRANTORS a&= net totttectbelid'leA structures, trace, feaaa, henna orponda wlddn the ae®ent. GRANTORS shall grant no additional utility easements on, ova or within the tea desenbed in E.NWt -A-without Eat seeming the written authorization of the GRANTER. 4. Ga mlee'e iahWA ANVIL s d fiasco. GRANTEE shall have the right of ingress and egras ova such private roads, driveways, allays and ways is may now or haraRa mist an GRANTORS' Property, and if them are no public atprivate made or ways teaanahly waverdent to provide ewer to the enserneaL then GRANTEE shall have the right ofingass and egrc a over GRANTORS' property adjacent to the easement in such mantis as shall occasion the leant predicable inwnveniertw and damages to GRANTORS. GRANTEE will be responatbla for damages to GRANTORS' properly for such use. 5. Covenants by Grentors. GRANTORS, for themselves, Their heire, awutma, administrators and assigns, do covenant with the GRANTEE, its sucussor s and assigns, that They are owners in fee simple of the sal property which is subject to the described asemcn%that They have good right to grant and convey said moment; that said eesermcm is froe and clew from all restrictions, easements. or eacumbrences, except any mentioned in this instrmneat, any restrictions of recor(% any utility or drainage a aments of rocord, and the lien of local property taxes; and that they shall, and their heirs, exealem edministmte s and assigns shall warrant ad defend the title to said aseroat against the lawful claims and demands of any and all persons whomsoever. TO HAVE AND TO HOLD the right and casement hereby granted to hie GRANTEE and its acceswrs in title fewer, it being agreed that the right and easement hereby granted is appurtenant to and runs with the land now owned by GRANTORS. IN TESTIMONY WHEREOF, the parties bane hemusdo set their bands and sale, the day and year first &bon written. SEAL) William B. Towles . -EIVED Brenda H. Towles MAY 2 4 2019 DCM WILMINGTON, NC Ner Oenosee Qmty Ontrwt 99 - 0389 BOOK STATE OF NORTH CAROL NA ,COUNTY OF NEW HANOVER 2587 PACE A, 8148 North P! PrnYa eNemywb"ofb)a..u�`1�1( � Cowry, North Ctsob ebytettlrytlW WH.LIAM B. TOWL end wife, fe, BRENDA H. TOWLES. penensgy crane before me this dry and sclmowledged the Qoadio0 of the fmpiog instrument 9: 1999. Witness my hand and notarial sal or stamp, this,L dry of -Notary i �� My commission up'im: 3— I S � 3 ,�"Yf"p""`•• V eTAT! OF NORTH CAROLINA gm New Hseepee Cwnp lb Pagai.y .rma CnlinuMp N E •• 1 0�� vrYo r�fls d o sm.e bb.b®,1 b Onpmr RECEIVED MAY 2 4 2019 DCM WILMINGTON, NC Boot 8 y 9 eel 2581 Exhgstl"A" Beaming at apoint lorded the following too (2) eomtat from. canerete rightaf-way mommtmt loato(I at the intersection of the mtetiy highway boundary of Station Rod (60' wide - Formerly McQtmbas Sution Road) and the division But between the lads of Witham B. Towles (Deed Book M. Page 74) on the south end the Isnds of the North Carolina Highway Commission (Dad Book 628, Pogo 218) on the north: 1. Theses from said mco mast, south 55 deg m 40 minutes 00 seconds cad Yong sold division line a distance of 382.96 fed to a point; . 2. Thence south 34 degrees 20 minutes 00 seeds welt JS.79 feet through add tma of William B. Towles (Deed Book 785, Page 74) it didsocaaf 15J9 fed to the paint ofbeguming; Theace from said point ofbegmdm south 55 dogmas 47 miam, 43 seconds and pa &el with and 20 feet northerly from the cmtaline of an 6-inchsanitary sewer line, a distance of 593.96 feet to e point; 7bmce south 35 deF ovs 05 minutes 46 seconds wed a diet =of 30.00 feet to apomt; said point touted at the southwesterly coma of m cdsttog 20' utility right-of-way (Dad Book 1560. Page 1481); Thence north SS degrees 47 minutes 53 seconds west parallel with and 10 fed southerly firm the eeatcribm of an 8-Inch smitary sews line a dio nce of593.46 fed to a point; Thence north 34 degmm 20 minulm 00 seconds sad a distsm of 30.00 fed to the point of begiming containing 17,810 square fees, mom or lea RECEIVED MAY $ 4 Z019 DCM WILMINGTON, NC 1 ail•i�41.e. NORTH CAROLINA 34710 UCC•1 UNIFORM COMMERCIAL CODE — FINANCING STATEMENT n�ern rr N IRMO INSTRUCTIONS ON IACF BSFO RC CONFLICTING THIS FORM) This FINANCING STATEMENT is prevented TO•Filing IXllmrlor No. ernmlaon.l ' . filing asnorat to the Uniform CemmaelM Cede. snw.nwnw: !^1 B 0 V 5 0 1 - (1) Debtor($) R..n N.me Ften •nor gadnnlnb (2) SeoJNd Parliv IwmaO Ana Addn 1 Iple... Tord) Cynthia McIntyre New e'er County 320 Chestnut Street, Roan 309 9 LIUN 7 flM 1110 Stephens Church Bead Wilmington, NC 28401 Wilmington, NC 26405 R£^CRDED k VERIFIED HART SUE DOTS j3j(ilOCollawaliso,indudofieluies. (4) AUignee(sl of Severed Parry, gmrmpd? Ib) 0 Tlmbeq Mincmkc r ACcounU Subjeor s i' ! S TER O F DEEDS To GS. 259.10315) arc covered ' (.10 Crops Are Gmw'ug O, To Be Grown • Soc .." !EVER 00. NO On Real Property Described In Section (5). Filin u Hiner Nock ]R) or Mock a Tel appear dam, ee ml 15) This Financing Statement Corers the Following types (or itemsl of property. :. L.Linufactured hate, 1972 Model Single Wide BOOK PACE 000067 ?587 0 15 0 *On Farm Collateral Filing. m Nse County Debtor Resides in OProdncts of she Collateral Are Alw revered. (Cannot be Filed unless County is named.) . (B) Signatures: Debtors) Secured PanvUes) lot An glseesl I1e:J patodex County Cynthia Mclnt4e �cc (BY) t hstil1n/naa����.tr, rj(n_ 5ggnature 0 uAT, rFtyvvmtn�v ap iilerrlll•LiHltiT]egflGVs9 In V) Sta orm A proved by N.C. Sec. of State 111 Collateral is subject to Severity Interest In Another lunsdiaim Revised 11 90 and 0 Collaeral is Srwghl Into This State ❑ Debtor's Location Changed To This Slate (n 1'dvg onmr Copy - Nemen4N {2) For Other Situations See: G.S.259402(2) UCG1 RECE.4. DCM WILMIW�IN MC v �01V 120 2099419 FOR aEDElYi IFJZON IWDGIISSIEN OF DEEDS 2012 FEB 22 OVER COUNTY NO R11 9K 5919 PG.1573-1575 FEE•S29 00 RC REV STN $90.00 115iRIF9Ql1 I MEN NORTH CAROLINA GENERAL WARRANTY DEED File No. 11-E-08A-LP Excise Tax $90.09 Tax Lot No -Parcel Identifier R05105A01-015-001 Attorney with Caw Offices of7ames L Wilson Lot 17 of Westwood Hnghts Subdivisson THIS DEED made this 25th day of February, 2011 by and between Evelyn Q Vickery Widow 5916 Liberty Road Climax, North Carolina 27313 Rebecca V. Burton and husband, Steven M. Burton 5450 Dona Road Julian, North Carolina 27283 The designation Greater and Grantee as used herein shall include said parties, their heel, successes, and assigns, include singular, plural, masculine, femmme or neuter as required by context WUNESSETH, that Grantor, for a valuable consrderahon paid by Gramee, the receipt of which is hereby acknowledged, has and by these presents does grant, bavm, sell and convey unto Grantce in fa simple a0 that certain lot or parcel of land situated in the City of Wilmington, New Hanover County, North Carolina, and more particularly described below THIS TRANSFER DOES NOT INCLUDE THE PRIMARY RESIDENCE OF GRANTOR. p BEING all of Lot 17 in Westwood Heights Subdivision according to the map thereof recorded in Map Book 10 at Page 37 of the New Hanover County Registry, reference to which said map is hereby made for a more particular description, said parcel being shown as a 1 00-lot parcel identified as Parcel ID. No. R05105-001-015-001 in the New Hanover County Tax Collector's Office, and being more particularly described in deed recorded at Book 1137, Page 1654, New Hanover County Registry RECEIVED MAY 2 4 2019 DCM WILMINGTON, NC TO HAVE AND TO HOLD unto Grantee, his heirs and assigns in fee simple forever, the aforesaid lot or parcel of lead and all of it's privileges and appurtenances. COVENANTS AND WARRANTY: Grantor covenants with Grantee that Grantor is seized of the property in fee simple; that Grantor has the right to convey the same in fee simple; and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever. This conveyance is made subject to easements, rights of way and restrictions of record and to the current year's ad valorem taxes IN WITNESS WHEREOF, Grantor has hereunto set Ins hand and seal the day and year first above written. Rebecca V. Bunton, Attomey4it-fart for Evelyn Q. Vickery, Grantor STATE OF NORTH CAROLINA, RANDOLPH COUNTY 11 Lenore L. Pickle, a Notary Public in and for said County and State, do hereby certify that Rebecca V. Barton, Attorney -in -Fact for Evelyn Q. Vickery, personally appeared before this day and being by me duly sworn says that she executed the foregoing and annexed instrument for and in behalf of Evelyn Q. Vickery; that her authority to execute and acknowledge said instrument is contained in power- ofattomey dated February 18, 2011, and recordod at Book 7217, Page 262, Guillford County, North Carolina, Registry, and duly recorded in New Hanover County, North Carolina Registry, that, in the exercise of her discretion, she determined that it is necessary and appropriate to convey the property described in this deed in order to accomplish one or more of the goals or purposes described in Paragraph 15 of said power of attorney, and that this instrument was executed under and by virtue of the authority granted by said power of attorney. I do further certify that Rebecca V. Burton acknowledged the due execution of the foregoing and annexed instrmeut for the purposes therein expressed for and in behalf of Evelyn Q. Vickery. Witness my hand and official seal this 25th day of February, 2011. j(J� 1 N.P. Lenore L. Pickle My commission expires: September 23, 2013 Seal - stamp 010-20010 RfLE=o3,*, NORIrL LE RECEIVED MAY 24 2019 DCM WILMINGTON, NC JENNIFER H. MACNEISH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 RkYliitfff MtRRIIRR1Iif ltif f iRlRf Rf f f ff tflYflflYRHfNfffflff YYt.YYRYYR1tt1 Yf1 ffYfi iYYYftf ft11fHRRRMYYNiRYNf NtNif1M Filed For Registration: 02122/2012 08:49:27 AM Book, RE 5619 Page. 1573-1576 Document No. 2012005519 3 PGS $26.00 NC REAL ESTATE EXCISE TAX: $90.00 Recorder: CARTER, CAROLYN State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. *2012005519* 2012005519 RECEIVED MAY 2 4 2019 DCVO W►LMINGTON, NC Book 5949 Page 965 SK:Re5949 111111U IUBIE111111HIUIIIIU REwRD66-970 EDD: 20159[14447 NC FEE $]8.00 02-17-2016 NEW HANOVER COUNTY, NC 04:04:20PM TANMYTHFLSCHBEASLEY BY: CAROL HUGHLEY REGISTERUDEEDS DEPUTY NORTH CAROLINA GENERAL WARRANTY DEED Revenue Stamps: SNTC Parcel Identifier No.: R05105-061-023-000 Mail after recording This instrument was Suite 301, Wilmington, NC 28401 (without title examination) Brief description for the Index: 10.8�1^Acres, Military Cutoff Road THIS DEED made this ((Delay of t'Pi „ 2016 by and between GRANTOR PATRICIA MORRIS ROSUvIAN, SUCCESSOR TRUSTFEOFTBEIRVINALVINROSEMAN TRUST U/AID DECENIBER20, 2002, a twealy-five percentua&idedmteest 24 Backfin Point Wilmington, NC 28411 PATRICTA NL ROSEVIAN, TRUSTEE OF THE ROSEMANFAMiLYTRUSTES ABLEUMUNDER THE IRVIN ALVIN ROSEMAN TRUST U/A/D DFAIMIBER 20, 2002, a twenty-five part undivided inte$t 24 Backfin Point Wilmington, NC 28411 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH: THAT WHEREAS, Patricia M. Roseman and husband, Irvin A. Roseman and Linda M. He152DegE IVED and husband, James R. Helsabeck acquired the real property described herein by deed recorded in Book 4934, Page 1331, New Hanover County Registry; and MAY 2 4 2019 DCM WILMINGTON, NC Book 5949 Page 966 WHEREAS, Irvin A. Roseman died testate on August 2, 2014 in New Hanover County, North Carolina; and WHEREAS, the Last Will of Irvin Alvin Roseman is filed in File No. 14-E-1033 in the Office of the Clerk of Superior Court for New Hanover County; and WHEREAS, Patricia M. Roseman renounced and disclaimed her right of succession as the surviving tenant by the entireties to decedent's twenty-five percent undivided interest in the real property described herein in that certain Renunciation and Qualified Disclaimer filed April 30, 2015 in said estate file and recorded April 29, 2015 in Book 5885, Page 30 of the New Hanover County Registry; and WHEREAS, pursuant to the terms of the Last Will of Irvin Alvin Roseman, the real property described herein passed to the Irvin Alvin Roseman Trust dated December 20, 2002; and WHEREAS, since Patricia M. Roseman disclaimed her marital interest in the real property described herein and together with Article III, Part A, Section 1 of the Irvin Alvin Roseman Trust dated December 20, 2002, said real property shall pass to The Roseman Family Trust; WHEREAS, the Irvin Alvin Roseman Trust names Helene R. Lawson as Successor Trustee, and Helene R. Lawson subsequently resigned as Successor Trustee as evidenced by a Notice of Resignation of Trustee signed and dated February 23, 2015; and WHEREAS, Patricia Morris Roseman was appointed by Helene R. Lawson as Successor Trustee as evidenced by an Appointment of Successor Trustee dated February 23, 2015; and WHEREAS, the Irvin Alvin Roseman Trust provides that the Successor Trustee has power and authority to distribute the real property described herein; and NOW, THEREFORE, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, the Grantor has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple a twenty-five percent undivided interest in that certain tract or parcel of land located in New Hanover County, North Carolina and more particularly described on Exhibit "A" attached hereto. All or a portion of the property herein conveyed _includes or X does not include the primary residence of Grantor. TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee that Grantor is seized ofthe premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful lagmlfw persons whomsoever, other than the following exceptions: MAY 2 4 2019 DCM WILMINGTON, NC Book 5949 Page 967 1) Ad valorem taxes for the year 2016 and subsequent years. 2) Easements and rights -of -way and any other matters recorded in the New Hanover County Register of Deeds as of the date hereof. 3) All applicable zoning and land use ordinances, statutes, building codes and regulations. (SIGNATURE PAGE AND NOTARY ACKNOWLEDGMENT FOLLOWS) RECEIVED MAY 24NO DCM WILMINGTON, NC Book 5949 Page 968 IN WITNESS WHEREOF, the Grantor has hereto caused this instrument to be executed the day and year first above written. GRANTOR:_ ATRICIA MORRIS ROSEMAN, SUCCESSOR TRU=OFTBEIRVINALVINROSBIANTRUSt UM/D DECEIV4BER 20, 20 M STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Patricia Morris Roseman_ SuccessorTresteeofthe Irvin Alvin Roseman Trust U/A/DDecember 20. 2002. Today's Date: (O 2016. C.✓ C���t� l.�-t!i� [Notary's signature as name appears on seal] LlSADTURNER a. � . 1 it.�� NOTARY PUBLIC [Notary's printed name as name a pear; on seal] OUPLIN COUNTY, NO My commission expires: g wo [Affix Notary Seal in Space Above] RECEIVED MAY 2 4 819 DCM WILMINGTON, NC Book 5949 Page 969 EXHIBIT "A" BEGINNING at an iron stake in the eastern of way margin ofN.C.S.R. No. 1409 (Military Cutoff) said point also being the southwest comer of Lot 24 of Westwood Heights Subdivision as shown on a plat of said subdivision recorded in Map Book 10 at Page 37 of the New Hanover County Registry (said beginning point having a coordinate value of Y=185,677.77 and X--2,354,582.43 as based on the North Carolina coordinate system); running thence from said beginning point with the southern line of Lot 24 of Westwood Heights Subdivision South 67 degrees 46 minutes 04 seconds East 126.30 feet to an angle point in the southern line of Lot 24, thence continuing with the southern line of Lot 24 South 63 degrees 08 minutes 04 seconds East 103.74 feet to the southwest comer of Lot 23, Westwood Heights Subdivision, thence with the southern line of Lot 23 South 36 degrees 08 minutes 04 seconds East 233.05 feet to the southwest comer of Lot 22, thence with the southern line of Lot 22 South 23 degrees 55 minutes 04 seconds East 117.26 feet to the southwest comer of Lot 21, thence with the southern line of Lot 21 South 06 degrees 38 minutes 04 seconds East 38.63 feet to the southwest comer of Lot 18, thence with the southern line of Lot 18 South 31 degrees 47 minutes 04 seconds East 160 feet to the southeast comer of Lot 18, said comer of Lot 18 lying in the western edge of Lance Drive (40 foot right of way), thence with the southwestern end of Lance Drive and the southwestern line of Lot 17, Westwood Heights Subdivision South 43 degrees 14 minutes 04 seconds East 274.54 feet to the southeast comer of Lot 17, thence with the run of Sally Martin Branch as it meanders the following courses and distances: South 01 degrees 17 minutes 23 seconds West 57.93 feet, South 73 degrees 45 minutes 31 seconds West 61.06 feet, South 43 degrees 24 minutes 14 seconds West 66.48 feet, South 27 degrees 30 minutes 12 seconds West 102.45 feet, South 41 degrees 44 minutes 57 seconds West 100 feet, South 43 degrees 32 minutes 09 seconds West 308.95 feet to an iron stake in the run of Sally Martin Branch, thence North 41 degrees 41 minutes 06 seconds West 83.30 feet to an iron stake, thence North 44 degrees 33 minutes 28 seconds West 286.98 feet to a concrete monument in the eastern right of way margin of N.C.S.R. No. 1409 (Military Cutoff , thence with the eastern right of way margin of N.C.S.R No. 1409 North 01 degrees 00 minutes 46 seconds East 1,010.68 feet to the point of beginning, containing 11.780 acres, more or less, as shown and described on Carolina Power & Light Company drawing No. L -A-3044, dated September, 1972, and being a portion of the tract of land conveyed to J. W. Reaves and wife, Mittie J. Reaves, by deed dated May 11,1951 and recorded in Book 481, Page 447 in the New Hanover County Registry. LESS AND EXCEPT, that land in deed from Carolina Power & Light Company d/b/a Progress Energy Carolinas, Inc. to the State of North Carolina Department of Transportation, dated November 3, 2003 and recorded in Deed Book 4127, Page 532, New Hanover County Registry. RECEIVED MAY 2 4 2019 DCM WILMINGTON, NC Hook 5949 Page 970 GOu�i Y'Y TAMEUSCH 0 BE SLEY New Hanover County ors Register of Deeds Register of Deeds 3 i 216 NORTH SECOND STREET f WILMINGTON, NORTH CAROLINA 28401 1 1 Telephone 910-798-4530 • Fax 910-798-7751 d { L L 5A if ff1H 1i #f ifflHfffiffiffflfiHNf HiNH#if11f#1ff#HfHllHllHff+NN#fiif lfiffl#fiflNf#ff#H 1N HHef 1 State of North Carolina, County of NEW HANOVER Filed For Registration: 02/17/2016 04:04:20 PM Book: RB 5949 Page: 965-970 6 PGS $26.00 Real Property $26.00 Recorder: CAROL HUGHLEY RECEIVED Document No: 2016004447 MAY 2 4 2019 DCM WILMINGTON, NC +rraflffrf rfitirf•lrfurrfu+t+fff»u+faiiff if iif+++faf+lefiafuifafraf.f rrafffafaafaa lauaalaalaafiaifala♦ DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. Book 6078 Page 2289 BK: RB 6078 iiiiiiiiiiiiIIIIIIii�illIIIIIIillE PG: 2289-2292 2017025102 NC FEE NEW RECORDED: 08-03-2017 NEW HANOVER COUNTY, NC STATE OF NC 02:00:06 PM TAMMY THEUSCH BEASLEY REALESTATE EXTX$207.OD BY: CAROL HUGHLEY REGISTER OF DEEDS DEPUTY WARRANTY DEED Prepared by:mMURCMSON, TAYLOR & GIBSON, PLLC 16 North Fifth Avenue, Wilmington, NC 28401 STATE OF NORTH CAROLINA TAX PARCEL # R05105-001-019-000 COUNTY OF NEW HANOVER REVENUE STAMPS $ aQ% DO 44e THIS WARRANTY DEED, made this Zrof day of du . , 2017 by and between BETTY COLLUM DAVIS (F/K/A BETTY C. LANI ) and husband, BIZZLE L. DAVIS, whose mailing address is 2450 NC Hwy. 242 N., Elizabethtown, NC 28337 (the "GRANTORS"), and 347 MCO, LLC, a North Carolina limited liability company with a mailing address of 201 North Elm Street, Suite 201 Greensboro, NC 27401 (the "GRANTEE"). WITNESSETH THAT: THE GRANTORS, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations to them in hand paid by the GRANTEE, the receipt whereof is hereby acknowledged, have bargained and sold, and by these presents do hereby bargain, sell and convey unto GRANTEE, and its successors and assigns forever, in fee simple, all of that certain real property located in New Hanover County, North Carolina, and more particularly described as follows: All of Lot 21 of Westwood Heights, as shown upon that map of said subdivision recorded in the New Hanover County Registry in Map Book 10 at Page 37; being a portion of the same property conveyed to James E. Parker and wife by that deed recorded in said Registry in Book 937 at Page 470. RECEIVED MAY 2 4 2019 DCM WILMINGTON, NC SUBJECT TO (i) easements, rights of way and restrictions of record, (ii) any governmental land use statutes, ordinances and regulations including zoning, building and subdivision regulations applicable to the subject property and (iii) ad valorem taxes for current and subsequent years. IFetmn so Murchison, Taylor & Gftm% M2Z 169512 Book 6078 Page 2290 TO HAVE AND TO HOLD the above granted and described property, together with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto belonging, or in anywise appertaining unto the said GRANTEE, its successors and assigns in fee simple, forever. AND THE GRANTORS, for themselves, their heirs and assigns, do covenant to and with the said GRANTEE, its successors and assigns, that they are seized in fee of the above granted and described property; that they have good right to sell and convey the same in fee simple; that the same is free and clear from any and all restrictions, easements or encumbrances, except those mentioned above; and that they will and their heirs and assigns shall warrant and defend the title to the same against the lawful claims and demands of any and all persons whomsoever. Pursuant to N.C. Gen. Stat. § 105-317.2, the property herein described X does not include includes the primary residence of the Grantor. [Execution page follows] 169512 RECEIVED MAY $4No DCM WILMINGTON, NC Book 6078 Page 2291 IN TESTIMONY WHEREOF, the said GRANTORS has hereunto set their hands as of the day and year first above written. 2" u4m BETTY COLLUM DAVIS (F/K/A BETTY CS4,ALNIER) F/c/ H iYl/o�f� Ot- r BI LE L. DAVIS STATE OF NORTH CAROLINA COUNTY OF NeK,0VVn0\[ef (County where acknowledgment is taken) /Yl (ik LCe_ a Notary Public, certify that the following person(s) personally appeared before me this day, acknowledging to me that they voluntarily signed the foregoing document for the purpose stated therein and in the capacities indicated: BETTY COLLUM DAVIS (F/K/A BETTY C. LANIER) AND BIZZLE L. DAVIS Witness my hand and official seal or stamp, this 2 day of t�- 2017. M -mate �P 00. Notary Public Ncr°tY Public Brunswick County ^ My Commission Expires: C)15 aG�:)d RECEIVED MAY 2 4 2019 DCM WILMINGTON, NC 169512 Book 6078 Page 2292 TAMMY BEASLSLEY New Hanover County BE Register of Deeds Register of -Deeds 320 CHESTNUT ST SUITE 102 • WILMINGTON, NORTH CAROLINA 28401 Telephone 910-798-4530 t Fax 910-798-7716 15; C00NTY.� 0 e = o r 2 a2 •< .t; ��BfISll1�� +t+++t+ttaa aat++ttoaaaa+aatataa+++++t+ttatttatttaa taatt ta+++t+a+++++a++tt+tttt+tttt tt ttta+++t+aat++++++tttta State of North Carolina, County of NEW HANOVER Filed For Registration: 08/03/2017 02:00:06 PM Book: RB 6078 Page: 2289-2292 4 PGS $233.00 Real Property $26.00 RECEIVED Excise Tax $207.00 Recorder: CAROL HUGHLEY Document No: 2017025102 MAY 2 4 819 DCM WILMINGTON, NC a aat+++ttttaaaaa+saaat+++a++att++tttt+taa+++++++a+a++e++++t tttt+at+tttt+++++aatttttttttt++a++++++ttt+ttt ttaa DO NOT REMOVE! This certification sheet is a vital part of your recorded document. Please retain with original document and submit when re-recording. U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2017-02531 County: New Hanover County U.S.G.S. Quad: Scotts Hill GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Perminee: The Carroll Companies Brian Slevar 201 N. Elm Street Suite 201 Greensboro, NC, 27401 Agent: Wetlands & Waters, Inc. Perrylsner 2712 Minden Road Pleasant Garden, NC 27313 Size (acres) 44.5 Nearest Town Wilmington Nearest Waterway Onslow Bay River Basin Onslow Bav USGS HUC 03020302 Coordinates Latitude: 34.2517734732955 Longitude:-77.8235920946582 Location description: The project is located at 349 Military Cutoff Road, Wilmington, New Hanover County, North Carolina Description of projects area and activity: This verification authorizes 0.47 acres of permanent wetland impacts and 70 linear feet of permanent stream impacts for the construction of a commercial development and associated infrastructure. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Sections 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 39 SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information received by this office on December 7, 2017 and additional information received January 30, 2018. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class 1 administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Elizabeth City, NC, at (252) 264-3901. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. RECEIVED SIP 13 2019 DCM WILMINGTON, NC If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Brennan Dooley at (9101251-4694 or Brennan.J.Doolevlu usace.ormv.mil. DOOLEV.BRENNANJO °�1R-.".;-.,,a.,,..., Corps Regulatory Official: HN.1512992613 ^... Date: March 16, 2018 Expiration Date of Verification: March 18, 2022� RECEIVED SEP 13 2019 DCM WILMINGTON, NC Determination of Jurisdiction: A. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. B. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ® There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW - Basis For Determination: Please see attached Approved Jurisdictional Determination Form. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdiction determinations as indicated in B and C above). This correspondence constitutes an approved jurisdiction determination for the above described site. Ifyou object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room IOM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by May 15,201 **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence." DOOLEY.BRENNANJOHN.1512992613 Corps Regulatory Official: °^•'°"°"°""""°° Brennan Dooley Date of JD: March 16, 2018 Expiration Date of JD: March 16, 2023 RECEIVED SEP 13 2019 DCM WILMINGTON, NC SAW-2017-02531 SPECIAL CONDITIONS 1. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. RECEIVED SEP 13 2019 DCM WILMINGTON, NC Action ID Number: SAW-2017-02531 County: New Hanover County Permittee: Brian Slevar. The Carroll Companies Project Name: The Avenue Date Verification Issued: March 16, 2018 Project Manager: Brennan Dooley Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF WILMINGTON DISTRICT Attn: Brennan Dooley 69 Darlington Avenue Wilmington, NC 28403 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date RECEIVED SEP 13 2019 DCM WILMINGTON, NC The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://corpsmapu.usace.artny.mil/cm apex/f?p=136:4:0. Copy furnished: Chad Coburn (NCDWR) via email RECEIVED SEP 13 2019 DCM WILMINGTON. NC OF ADMINISTRATIVE APPEAL OPTIO REQUEST FOR APPEAL Applicant: The Carroll Companies File Number: SAW-2017-02531 Date: March 16, 2018 Brian Slevar Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E IONTFEWollowing identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mil/inet/functions/cw/cecwo/re¢ or s. " s at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the forth to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. ITDENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative rocess by completing Section II of this form and sending the form to the division engineer. This form F eceived by the division engineer within 60 days of the date of this notice. RECEIVED cia I R 1019 0CM WILMINGTON, NC D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. c IREQUERM&AINECTIOA REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or }'our objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT,OF CONTACT FOR QUEWNS OR INFO If you have questions regarding this decision and or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: Mr. Jason Steele, Administrative Appeal Review Officer District Engineer, Wilmington Regulatory Division, CESAD-PDO Attn: Brennan Dooley U.S. Army Corps of Engineers, South Atlantic Division 69 Darlington Avenue 60 Forsyth Street, Room I OM 15 Wilmington, NC 28403 Atlanta, Georgia 30303-8801 Phone: 404 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the o ortuni to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Brennan Dooley, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: RECEIVED DCM WILMINGTON, NC Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RECEIVED DCM WILMINGTON. NC APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): March 16, 2018 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: NC County/parish/borough: New Hanover City: Wilmm&ton Center coordinates of site ([at/long in degree decimal format): Lat. 34.253351, Long.-77.82491- 0. Universal Transverse Mercator: Name of nearest walerbody: Howe Creek Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Masonboro Inlet -Mason Inlet Name of watershed or Hydrologic Unit Code (HUC): 030203020502 'Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action acid are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: Field Determination. Date(s): 03/17/15 SECTION II: SUMMARY OF FINDINGS A. BHA SECTION 10 DETERMINATION OF JURISDICTION. There _ "navigable soarers of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. (Required] 'Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There ire and are Q "waters of the US"within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. f Required] Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): ' ❑ TNWs, including territorial seas ❑ Wetlands adjacent to TNWs ® Relatively permanent waters` (RPWs) that flow directly or indirectly into TNWs ❑ Non-RPWs that flow directly or indirectly into TNWs ® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWS ❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ® Impoundments ofjurisdictional waters ❑ Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: RECEIVED Non -wetland waters: 1200 linear feet: width (ft) and/or 3.5 acres_ Wetlands: 5 acres. S E P I I A l G c. Limits (boundaries) of jurisdiction based on: M7 Delineation Manual Elevation of established OHWM (if known): DCM WILMINGTON, NC 2. Non -regulated waters/wetlands (check if applicable):3 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: Determined to not meet the 3-parameter approach. Boxes checked below shall be supported by completing the appropriate sections in Section 111 below. For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). ' Supporting documentation is presented in Section III.F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section IILA.1 and Section II1.D.1, only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections IILA.I and 2 and Section DI.D.1.; otherwise, see Section 11111 below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent': B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributan- and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapaoaf have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section OI.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section IILDA. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody' is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section 11111.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section DIX below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 32791 Drainage area: 0.25 Average annual rainfall: 58 inches Average annual snowfall: 0 inches (if) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ® Tributary flows through I tributaries before entering TNW. RECEIVED Project waters are E river miles from TNW. C EP 13 2019 Project waters are river miles from RPW. J Project waters are aerial (straight) miles from TNW. Pmjecl waters are ffe.,1 (straight) miles from RPW. DCM WILMINGTON, NC Project waters cross or serve as state boundaries. Explain: Identify flow route to TNWs: Project waters flow into Howe Creek which flows into Masonboro Inlet -Mason Inlet 'Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. ' Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. Tributary stream order, if known: 2. (b) General Tributary Characteristics (check all that aomlv): Tributary is: ® Natural ❑ Artificial (man-made). Explain: ❑ Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: 5 feet Average depth: 0.75 feet Average side slopes: 0. Primary tributary substrate composition (check all that apply): ❑ Silts ® Sands ❑ Concrete ❑ Cobbles ❑ Gravel ® Muck ❑ Bedrock ❑ Vegetation. Type/%cover: ❑ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: relatively stable. Presence of ran/riffle, pool complexes. Explain: none observed. Tributary geometry: Relathrdy aright Tributary gradient (approximate average slope): 0.5 % (c) Flow: Tributary provides for: Wbnal on Estimate average number of floeevents in review area/year: 20 (or greater) Describe flow regime: Seasonal. Other information on duration and volume: Surface flow is: Ifisereti and confined. Characteristics: Subsurface flow:JkkJUV. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ® Bed and banks ® OHWM' (check all indicators that apply): ® clear, natural line impressed on the bank ❑ ® changes in the character of soil ❑ ❑ shelving ❑ ❑ vegetation matted down, bent, or absent ❑ ❑ leaf litter disturbed or washed away ❑ sediment deposition ❑ ® water staining ❑ ❑ other (list): ❑ Discontinuous OHWM.' Explain: the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): High Tide Line indicated by: 0 Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (fit) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Water color is somewhat dark, likely due to high presence of organics. Identify specific pollutants, if known: sA natural or man-made discontinuity in die OHWM does not necessarily severjurisdiction (e.g., where the stream temponmly flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. RECEIVED 'Ibid. SEP 13 201�� DCM WILMINGTON, NC (iv) Biological Characteristics. Channel supports (check all that apply): ® Riparian corridor. Characteristics (type, average width): ® Wetland fringe. Characteristics: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Welland Characteristics: Properties: Welland size:5 acres Welland type. Explain:Riverine Swamp Forest. Wetland quality. Explain:High (NC WAM) . Project wetlands cross or serve as state boundaries. Explain: tributary. (b) General Flow Relationshi with Non-TNW: Flow is: _ .Explain: Wetland surface water releases at higher rain events. Wetlands flaw into the Surface flow is: Diserek Characteristics: Subsurface flow: Pick List. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ® Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by bermibarrier. Explain: (d) Proxtmi[ Relahonshi to TNW Project wetlands are s°r less) river miles from TNW. Project waters are 1-2 aerial (straight) miles from TNW. Flow is from: Estimate approximate location of wetland w within the - floodplain. (if) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Water color is dark, likely due to high level of organics. Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ® Riparian buffer. Characteristics (type, average width):40' wide. ❑ Vegetation type/percent cover. Explain:Forested/ 100%cover. ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if an) All wetland(s) being considered in the cumulative analysis: J Approximately ( 5 ) acres in total are being considered in the cumulative analysis. RECEIVED DCM WILMINGTON, NC For each wetland, specify the following: Directly abuts? (YIN) Size tin acres) Directly abuts? (YIN) Size (in acres) A -Yes 2.5 D - Yes 2.5 Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland It" within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as fceding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section BLD. 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section 11I.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section 111.13: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: 'TNWs: linear feet width (ft), Or, acres. Wetlands adjacent to TNWs: acres. RPWs that flow directly or indirectly into TNWs. Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Tributaries of TNW where tributaries have continuous flow "seasonally' (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: RECEIVED j n 'wc DCM WILMINGTON. NC Provide estimates furjurisdictional waters in the review area (check all that apply): Tributary waters: 1200 how feet width (ft). Other non -wetland waters: 3.5acres. Identify types) of waters: Open waters. 3. Non-RPWsa that flow directly or indirectly into TNWs. Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section IILC. Provide estimates for jurisdictional waters within the review area (check all that apply): Tributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section IILR and rationale in Section IILD.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: 5 acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNW3. Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW arejurisidictional. Data supporting this conclusion is provided at Section IR.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or Indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section IILC. Provide estimates forjurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.° As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. 'Demonstrate that impoundment was created from "waters of the U.S.," or Demonstrate that water meets the criteria for one of the categories presented above (1-6), or Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED (INTERSTATE OR INTRASTATE( WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):'o which are or could be used by interstate or foreign travelers for recreational or other purposes. from which fish or shellfish are or could be taken and sold in interstate or foreign commerce, which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain: Other factors. Explain: "See Footnote N 3. "To complete the analysis refer to the key in Section II I.D.6 of the Instructional Guidebook. 1° Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA AR Jurisdiction Following Rap-,R EC IVED SEP 13 2019 DCM WILMINGTON, NC Identify water body and summarize rationale supporting determination: Provide estimates forjurisdictional waters in the review area (check all that apply): 'Tributary waters: linear feet width (0). Other non -wetland waters: acres. Identify type(s) of waters: Wetlands: acres. NONJURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). Winters do not meet the `Significant Nexus" standard, where such a finding is required for jurisdiction. F.xplain:Pond was determined to be excavated in high ground based upon on site determination 03/17/15. Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis ofjurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional 'udgment (check all that apply): Non -wetland waters (i.e., rivers, streams): linear feet width If). Lakes/ponds: acres. Other non -wetland waters: acres. List type of aquatic resource: Wetlands: acres. Provide acreage estimates for non -jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required firrjurisdiction (check all that apply): 'Non -wetland waters (i.e., rivers, streams): linear feet, width (fi). Ickes/ponds: 0.85 acres. Other non -wetland waters: acres. List type of aquatic resource: Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): 'Maps, plans, plots or plat submitted by or on behalf of the appl icanUconsultant: Data sheets prepared/submitted by or on behalf of the applicant. consultant. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Data sheets prepared by the Corps: Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: ® USDA Natural Resources Conservation Service Soil Survey. Citation: ® National wetlands inventory map(s). Cite time ❑ State/Local wetland inventory map(s): FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ❑ Photographs: ❑ Aerial (Name & Date): . or ❑ Other (Name & Date): Site photographs. ❑ Previous deterrninalion(s). File no. and date of response letter: ❑ Applicable/supporting case law: ❑ Applicable/supporting scientific literature: ❑ Other information (please specify): . B. ADDITIONAL COMMENTS TO SUPPORT JD: RECEIVED DCM WILMINGTON, NC f _ Stream Impact 1 Y. 70 liner het >r' in Impact 2 0.03 \ . -ter .•. i - OV j The Avenue The Carroll Companies Overall Site Plan � I December 71h, 2017 Permit Drawings snaet 1 of 4 N,. �'- i CP x ., .. Q Welland Impact 1 it a, 0.44 acme o v. W "-r W 1 U / /�LLIw Er L. . RECEIVED SEP 1 3'0A DCM WILMINGTON, NC �y 5 e= ;� ��� j' jt� The Avenue 9 ti 'L - • \ \1\{' The Carroll Companies Wetland Impact 1-Plan December 71h. 2017 Permit Drawings Sheet 2 of 4 J ice\\ylyl ��/'�q' v� !— �I � 1h_�---2. ,N Rrz/V \ PLAN VIEW EN&lNMtlNG Atm SURVErINS. Ira,. THE AVENUE woTE LU �M NWOM r WETLAND DISTURBANCE 4 CORPORATE LICBfE NlEER (�13T5 clm OF UNLMWTOK NC woo rnw aner - �rcar.rnwm uwainw sons naeeeR a:eeoo - rwx. rJsa assxo ec..tier.sr M@T 1 x U Z 15 Z 5 o �� c� O f9 0 di Cr 2 `- U C) ---- ----- ---- ----------------------- `--------------------- ' PROPOSED &RnDE N PETLAW _ Exlsrlhs eRADE -_--- - - I i 0.50 1+00 1.50 2r00 2-50 3r00 1, e::;; 4+50 5100 5V50 (2+00 jt� EN&NEERINS AND 5MVEYINS, INc. —oeeanr.nrrrnr TW LOfi LICOM WHBM C-1315 «oo xww snQr •, ww rorr,rnwnr cwww,� rwrn eeu eu-mao - .�.. rar axeo The Avenue The Carroll Companies Wetland Impact 1-Profile December 7th. 2017 Permit Drawings Sheet 3 of 4 THE AVENLE UETLAND DISTURBANCE M cm of wLmmToN, Nc SCALE, r.M' ri), r.a' ", /v CP Vt \ 10 LF - IT RLP \\ T > \\ � 1 P A \ p I AT Y n M v ' PLAN VIEW aCALE� 1'��O' The Avenue The Carroll Companies Wetland Impact 2 & Stream Impact 1 December 7th, 2017 Permit Drawings Sheet 4 of 4 ENSINEERINS AND SI.RVEYINa, IWG. lN0 aE.nAr+eMrG VWO GORPORATE LIGB£E N1110M (i1" 1�M TYNI6 51IQr ` M6111gMr.MF111CM111M f01S nae, eeN az-eew - we nea aaaroo IM W c_ W w 20 15 E45T 145 6RADE 10 5 0,00 0-50 PROFILE VIEW a A.1.E. NAV'rut r.A'rvi THE AVENUE WETLAND DISTURBANCE 02 clrY OF w1LnlWTON, NC alEET 1 0 1 M� Project Name: The Avenue Client: CIP Project Number: 18473.PE Prepared By: AEC Checked By: RPB Last Updated: 9/12/19 Calculations within 575' CAMA Line Land Use Asphalt/Roadway (C&G)/Parking Concrete / Sidewalks _- NIOUN .A,, I T 3, SF _Acres (F - 0.00 2,943 0.07 61,980 1.42 Area = 251,352 SF 5.77 AC Allowed Impervious (ZS%) = 62,838 SF 1.44 AC Proposed BUA=SF 1.49 AC Pervious Pavement or Green Roof Required = 2,085 SF 0.05 AC RECEIVED SEP 16 2019 DCM WILMINGTON, NC Spears, Courtney From: Spears, Courtney Sent: Friday, July 26, 2019 10:56 AM To: Amico, Patrick J Subject: FW: Carroll at the Avenue Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtnev.soearsCr1incdenr. aov 127 Cardinal Drive Ext. Wilmington, NC 28405 From: Spears, Courtney Sent: Tuesday, July 9, 2019 4:25 PM To:'Finch, Greg' <gfinch@lmgroup.net> Subject: Carroll at the Avenue Hey Greg, We need the following for the major permit app for the Carroll at the Avenue project. • Signed MP-1 and MP-3 v • Address on MP-1 ✓ • Check box on MP-1 for JD and a copy of the JD%/ • Impervious surface calculations: ✓ o Total area in AEC (sf) o Impervious in AEC (sf) o Area of pervious pavers/concrete in AEC (sf) Let me know if you have any questions. Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtnev. spearsCc-ncdenr.aov 127 Cardinal Drive Ext. Wilmington, NC 28405 IMF ( I» y f� e 1 } t . • • Hwy 17 aR 0 Site 74 Hwy 76 '". 'rt ► Site' LocaGon Wap NTS P:;\,. t ♦f. h t • �+ 9 jet Law 4 � • * A. .. I - All ff .i. r�y"..:i• •••• �.../.. . vA i } ems, `�,' iii �P' 3..•.. 1. i 1 � w �* y fA -... �.J r � i' + � ..� ,yam. .�.�1• ' �� �t 1 i • iiYY y� -� a .�.. • Y � '. ! .fit �.•e}'T� �.n �. ` a L. Legend N1. B RECEIVED BASE CAD FILE PROVIDED BY PARAMOUNTE ENGINEERING, INC Naiam� ow'. t>.ro' Project Boundary 2. 2016 AERIAL FROM NCONEMAP. T j� /( i� C „ N"A�,w.r 5110119 rot 3. UTILITIES NOT SHOWN. MAY 2 Q Z�j9 j�1Y G ��yc� ILc S"r 4. NOT A SURVEYED OR ENGINEERED DRAWING. LAND NAWFNFNTGROCT t 2m u1G18.00 M■t2 mmMT T•! 5. FOR ENVIRONMENTAL PERMITTING ONLY. IBDSMASt+s ak A.e. swb l5 &t•Lorstion and p, g( er C NN T e •+ �Z' Existing Coft GSF 7 of A p— �i s\ I . i • OO ♦♦♦ i • •� p q �'---------- j; �3/, �•�� \ CLPOCONSERVAT10N ESOURCE SETBACK // • ♦fir• , �•\ / 404 WETLAND LINE ♦ > ". • MACCUMBER STATION ROAD /�' ♦ ♦ ♦-00 - L - PERMITTED IMPACTS (Action ID# SAW-2017-02531 & DWR Project 2017-1606) MILITARY CUTOFF ROAD OLD MACCUMBER STATION ROAD 11 IJ ,. I \♦ 1 I r ♦♦• ♦• PARKING AND ® USE BUILDINGS. E �' O / APPROVED SUP. \ STORMWATER FEATURES. I i' MWATERSUBMITTlAU..- i / • R DETAILS. f i' • i �? • • • C •• • NOTES: Legend 1. BASE CAD FILE PROVIDED BY PARAMOUNTE ENGINEERING, INC. Project Boundary m■ as as ME 2. NOT SURVEYED OR ENGINEERED DRAWING. 3. FOR ENVIRONMENTAL PERMITTING ONLY. 575'AEC — — — — —— NHW VERIFIED BY DCM 575' AEC (ROBB MAIRS, 9122/15) �• •• •�!�y ARQOR�T UMCRI(,F �LU N U / �• *r a j `�♦■ PROFILE 1 LJJ I— '_ ,■♦ 575' AEC j ■ W �� ■ +0 uJ , Lu CITY CONSERVATION 'i ; % / 1 .�♦ RESOURCE SETBACK / I j j • 404 WETLAND LINE EASEMENT LINES i� '•I 575' ORW OFFSET FROM HOWE CREEK � /f • I i I EXISTING POND/WATERS OF THE US. I PROPOSED IMPACT. SEE SEPARATE USACE IP SUBMITTAJPERMIT FOR DETAILS. RECEIVED MAY 242019 �e •*A 1< DCM WILMINGTON, NC ;�LMG - Cw3471M xAvefv»' 5110119 NA LAND M,1NAfFMLNT CROUP •N7I# company 70 CO, LLC Sple: 7'=50' Jab ilHll er LMG18.400 TAIe: 0805 YhigMsvila Ave. Sl.le 15 VIWN9 , Nmin Cwoine 28402 Project Plan View 0. By GSF Steel Nur•w: 2 ol4 TMeeln 910-452-0001 EXISTING POND NHW VERIFIED BY DCM /-•/ /� //' ,,,�\,'\,'\,/„`575'AEC /,(ROBB MAIRS, 9/22N5) CITY CONSERVATIONRESOURCE SETBACK ,,,, / / i..,:�...� 1AW MIXED USE BUILDING (BUILDING 9) ; (PARKING, COMMERCIAL AND RESIDENTIAL) U UJ /4� / / E PROFILE 575' ORW OFFSET FROM HOWE CREEK 5 STORMWATER FEATURES. �•T / // /,' // /, /,' // �� `! QP tt.P" om'� l/ y jj SEE STORMWATER SUBMITTAU /, /; ,� K\OP a� 'P. A'�,,' i , PERMIT FOR DETAILS. /' ' ,/' ' ' ~ / EASEMENT LINE/BOUNDARY 1 Pm tia�0 (,' ,>V HT: 551 I �I BUILDING 8 \Z d�2c O FIN (75'W/SUP) �• "�'/'r I COMMERCNL/ � , // CITY CONSERVATION RESIDENTIAL RESOURCE SETBACK __ O ��' �.. , . . j . .. - i 404 WETLAND LINE BUILDING 7 HT: 55' Y ' ,' /!/ I . l' �• - i (75' W/ SUP) �, /,�,// ` l i 1 /,%// HOTEL '\,. �� ' / '/'/' ' G RECEIVE Fm q 00 - - -- /, MAY Z 4 201 NOTES: DCM WILMINGT Legend 1. BASE CAD FILE PROVIDED BY PARAMOUNTE ENGINEERING, INC. I4g0CTAP~ on R,„,;d,oms Project Boundary I 2. NOT SURVEYED OR ENGINEERED DRAWING. LMG CnN2MTaAw 5H9/19 NA 3. FOR ENVIRONMENTAL PERMITTING ONLY. 3471100O3 LLC 3ms rieB M 575' AEC — — — — — — LAND MANAGEMENT a1.nwn tale t•=110' LMG784Bo 3 V*Q*v lag Ave. Buds15 AEC Plan View OU.n BY SeveurlEer 1 N rlg m, NUT CnUlne Delail GSF 3 of 4 TeMplione 910452L991 I \f.N4AV019 CAAM FILESLLMG19061 -- TM AVeve. fbD BNNnTG�Cwlat el TO AveNe Ow9 NC NHW VERIFIE BY DCM \\ v ----�_` —�—J--------- y — -- \ ``� �� \ i (ROBB MAIRS,9122/15) PARKING GARAGE 1 \� `� �•� [// ,•� - \ / \` +TOPLEVEL MAY INCLUDE 1 ti`a / CITY CON RVATION 1 PARKWG OR ALIENITIESI 1 PROFIL�� {\ y` \ '� RESOURCE SETBACK 575' AEC ''' !4' �� 404 WETLAND LINE W4 1 P=100 To- �0 575' OFFSET FROM NHW l MAXIMUM HEIGHT PER CITY ZONING OR l ! APPROVED PLAN. i ■ 575' OFFSET FROM ORW ! CITY CONSERVATION RESOURCE SETBACK t ■ I UNIT DESIGN PER ARCHITECT/ENGINEER APPROXIMATE EXISTING GRADE z < 40 c 00 OD m tD 0 30 2G 1 CUT/FILL PER FINAL GRADING PLAN ■ ■ 60 — PROPERTY BOUNDARY } N p U > T- 1� = rI Ir U 0: C70 U 0 RECEIVED MAY 2 4 2019 DCM WILMINGTON, NC 0 Venic l Stale: 1'=10 Honzwtal Scale 1'-1W LMG GeDam1Vw AWAaW 5110/19 NA NOTES: N7 MC0. LLD 1. BASE CAD FILE PROVIDED PARMOUNTE ENGINEERING, INC. LAND MANAGEMENT"OUF Tue Sale Jab MnWr As Naas LMG79.067 2. FOR ENVIRONMENTAL PERMITTING ONLY. aeo,wgisaeA.l..suiis AecTypitdrloala weA„IIysi 3. NOT A SURVEYED, ENGINEERED OR ARCHITECTURAL DRAWING. t"''"Telsoh Np1910452'a Vim' GSF �iae Talon' Lwow 901 NOTES: Legend 1. BASE CAD FILE PROVIDED BY PARAMOUNTE ENGINEERING, INC. Project Boundary mmimmi■■immim 2. 2016 AERIAL FROM NCONEMAP. 3, UTILITIES NOT SHOWN. 4. NOT A SURVEYED OR ENGINEERED DRAWING. 5. FOR ENVIRONMENTAL PERMITTING ONLY. I•�f y 6 ^� k •�-�1i43�i.�.s�ss .� RECEIVED Mc Pm1eC.noll Date Revision Dae LMG at CaeDll at me Avanuel 5/10/19 NA MAY 2 4 2019 347 MCO. LLC Stale Job Number 2Qp, .......�.,.,4Qq^ LAND MANAGEMENT GROUF tFawr� 38D5 Wrightsville Ave, Suite 15 Wilmingh n, NDnh Carolina 28402 1"=200• LMG18.400 nba Site LObe[ibn and Existing Conditions Drawn By GSF Sheet Number 1 bt 4 �♦ \ ♦ ♦ p\ ♦ ♦ NHW VERIFIED BY DCM •♦ Qi ♦• ••�O�O /� 575' AEC (ROBB MAIRS, 9/22/15) ♦C•• \\ /CLTE CONSERVATION r [ F2�ESOURCE SETBACK /404 WETLAND LINE ♦!0>•v�♦ MACCUMBER STATION ROAD r :� / ♦ ♦• ♦♦ ' i ♦♦ PERMITTED IMPACTS /i r//� « •! // / j / \ \ ♦♦ RepRFTUti1 r j ' r� / �/, . ♦ O/?lV (Action lD#SAW-2017-02531&DWR Project 2017-1606) � r " •'>1 � / r� E '/' <, r//�•■ ���• ``-PROFILE 1 / ri �■ I e 7G/' / v a i �f�3 �♦ 575' AEC LU �/� ■ �^ N„ \ • ■ MILITARY CUTOFF ROAD w \ • �� O \ \ / v V '' •` U \ I - _ -- �■ � f ■ W d ° p I QD r / /�/ / , CITY CONSERVATION i _ L Q " ;;�� /�� j' rr i I j ` •• RESOURCE SETBACK I1�♦i € �i; i�ir %/ / �% //% i j;: ♦ 404 WETLAND LINE QD ♦ ,; PARKING AND MI ED �/ ! / �• OLD MACCUMBER STATION ROAD i EASEMENT LINES USE BUILDINGS. EE APPROVED SUP. / ■ � ♦♦ � r • 575' ORW OFFSET FROM HOWE CREEK TORMWATER FEATURES. I `, E STORMWATER SUBM14U J DETAILS. fit; 1:•` \ r r / / Dj '� ♦ !� EXISTING POND/WATERS OF THE US. I / ♦♦ r ♦• ! PROPOSED IMPACT. SEE SEPARATE �� �� ♦♦♦ I W USACE IP SUBMITTAL/PERMIT FOR DETAILS. I C �� ♦ ♦♦ i Lid RECEIVED JLU I / ( •.; MAY $ 4 2019 ♦■. \ ♦t � � �� � _ ' • • • • . was DCM WILMINGTON, NC NOTES: Legend 1. BASE CAD FILE PROVIDED BY PARAMOUNTE ENGINEERING, INC. LMG proleoVAppl ant Dele Revision Date Project Boundary w....... � 2. NOT A SURVEYED OR ENGINEERED DRAWING. carrullattneAverxre/ snons NA 3. FOR ENVIRONMENTAL PERMITTING ONLY. 34TMCC. LLC sale Job Number: 575' AEC LAND MANAGEMENT CROUP 1•=50' LMG18.400 a •• * comp.°' Tlle: 3805 Wrightsville Ave, Suite 15 Project Plan View Drawn By: Sheet Number' Wilmington, NO Carolina 28402 GSF 2 of 4 Telephone: 910-452-0001 �,,, EXISTING POND NHW VERIFIED BY DCM (ROBB MAIRS, 9/22/15) 575' AEC CITY CONSERVATION RESOURCE SETBACK 010 575.01 '0 MIXED USE BUILDING (BUILDING 9) ,4f/ / (PARKING, COMMERCIAL AND RESIDENTIAL) ARBORF PROFILE 1 4 f4kil'4 I *, 575' ORW OFFSET FROM I�,�HOWE CREEK 411 STORMWATER FEATURES. PPaK�N h+PH+EN`t`� ✓ - SEE STORMWATER SUBMITTAL) / PERMIT FOR DETAILS. vm 4m EASEMENT LINE/BOUNDARY ` m Z:A , BUILDING 8 O I / HT 55' / (75' W/ SUP) , yy / COMMERCIAL/ / \ � /j I CITY CONSERVATION - _ ' RESIDENTIAL RESOURCE SETBACK _ - _ - - - --' / 404 WETLAND LINE BUILDING? .Illia HT: 55' (75'W/SUP) HOTEL 1 RECEIVE f,' l MAY 2 4 Ni NOTES: DCM WILMINGT Legend 1. BASE CAD FILE PROVIDED BY PARAMOUNTE ENGINEERING, INC. ' LM G Pro eca p lliat th Date Re ision Date Project Boundary E mm mm 2. NOT A SURVEYED OR ENGINEERED DRAWING. canalariheAvenue/ snon9 NA 3. FOR ENVIRONMENTAL PERMITTING ONLY. MI MCO LLC sw10 Joo Numoee S]S'AEC — — — — — — LAND MANAGEMENT GROUP 1"=80' LMG18.400 a mmp Tiee. 3805 yMgMeville Ave, Suite 15 AEC Plan View Drawn By Sheet NumR 0 At Winnington, North Camlim 28402 Detail GSF 30f4 Telephone: 910452-0001 L.ICAMA12019 CAMA FILESTMG19 MI — The Avenue. Rao BellanNCAD\Carroll al the Avenue. Cwg NC NHW VERIFIES BY DCM i (ROBB MAIRS9/22115) I / � Ok e I4'/ � , PARKING GARAGE 1 \ < ' "FRcyvpJ IsITOP LEVEL MAY INCLUDE 1 �~4 ♦♦ / �` CITY CON RVATION KI / ,PARNG OR AMENITIES) PROFIL�1 /\ I \ �. ♦ J�\ ,� \'\ RESOURCE SETBACK 575' AEC 404 WETLAND LINE "b�SVP - I 1 i in Z 1 7 I ■ 70 575' OFFSET FROM NHW - MAXIMUM HEIGHT PER CITY ZONING OR I ■ APPROVED PLAN. i ■ 575' OFFSET FROM ORW I CITY CONSERVATION RESOURCE SETBACK ■ I I � 6 ' ■ 0 1 ■ ! PROPERTY BOUNDARY I ■ I ■_ I ■ 5 i 50 UNIT DESIGN PER ARCHITECT/ENGINEER ---------------- i ■ I ■ I ■ i I ■ Z i C 4 I ■ co RECEIVED GO ■ MAY 2 4 2019 N i 3 i DCM WILMINGTON, NC I ■ I ■ I ■ 2 I ■ 0 s 1G _gyp ■ Vertical Swle'. 1"=10' I � APPROXIMATE ICUT/FILL PER FINAL 0 EXISTING GRADE GRADING PLAN p Horizontal Seale: 1"=100' 1ploo 0 0 1+ 0 2 0 3 0 4100 5 0 6 0 7 10 L M G P geCamilli Date Review Dale Canon at th lne Avenue/ 6H OH9 NA NOTES. 347MC0. LUC Stale. Job Number 1. BASE CAD FILE PROVIDED PARMOUNTE ENGINEERING, INC. LAND MANAGEMENT GRDDn Tian As Noted LMG19.061 2. FOR ENVIRONMENTAL PERMITTING ONLY. We VJnglDtwiille■A". sme iE AEC Typical Profile Drawn By: Sheet Number 3. NOT A SURVEYED, ENGINEERED OR ARCHITECTURAL DRAWING. wtlmin9ton, Nom Carolina 2NO2 View GSF 404 Tel one. 910-452-0001 I'U:AMAVDI4(:AMA FII FSV MC,tAMt—TAAwww RMRallar CAD%Canollatthe Avenue.Q