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:
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Date/Time �Message
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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
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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 '
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<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
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.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
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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
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840-5280-0178-002-00028-11878-02
or scan this code with
your mobile device:
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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
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RECEIVED
OCT 11 2019
DCM-MHD CITY
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■ Complete Items 1, 2, and 3.
■ Prim your name and address on the reverse
so that we can return the card to you.
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or on the front If space penults.
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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
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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
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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
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OCT 1 1 2019
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The Carroll Companies
Wetland Impact 1-Profile
f- R O F I L E YJ-LJLL Deemriher Tth, 2017
NO AND
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Wetland Impact 2 &
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December 7th. 2017
Permit Drawings
Sheet 4 of 4
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THE AVENUE
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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
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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
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■ 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:
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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
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DCM WILMINGTON1,
RECEIVED
MAY 8 4 2Di9
DCM WILMINGTON, NC
' Bear c• r
1220 1622
srarr or - Rell =5tal,
R_ .
NpRo��EXi!SETOY.
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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:
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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,. �'-
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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
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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' ",
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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"
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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
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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 — — — — ——
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RECEIVED
MAY 242019
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1< DCM WILMINGTON, NC
;�LMG
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NA
LAND M,1NAfFMLNT CROUP
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70 CO, LLC
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7'=50'
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0805 YhigMsvila Ave. Sl.le 15
VIWN9 , Nmin Cwoine 28402
Project Plan View
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2 ol4
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EXISTING POND NHW VERIFIED BY DCM
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HOWE CREEK
5 STORMWATER FEATURES.
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/, /; ,� K\OP a� 'P. A'�,,' i , PERMIT FOR DETAILS.
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1 Pm tia�0 (,' ,>V HT: 551
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HT: 55' Y ' ,' /!/ I . l' �• - i
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HOTEL '\,. �� ' / '/'/' ' G RECEIVE
Fm
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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
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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
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l ! APPROVED PLAN.
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UNIT DESIGN PER ARCHITECT/ENGINEER
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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
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RECEIVED
Mc
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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
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♦ ♦ p\
♦ ♦ NHW VERIFIED BY DCM
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r [ F2�ESOURCE SETBACK
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♦♦ PERMITTED IMPACTS /i r//� « •! // / j / \ \ ♦♦ RepRFTUti1
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(Action lD#SAW-2017-02531&DWR Project 2017-1606) � r " •'>1 � / r� E
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♦■. \ ♦t
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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)
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"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.
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■
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UNIT DESIGN PER ARCHITECT/ENGINEER
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co RECEIVED
GO
■ MAY 2 4 2019
N
i
3 i DCM WILMINGTON, NC
I ■
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2
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■ 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