HomeMy WebLinkAbout20171606 Ver 2_CAMA Application_20191011DIVISION 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]
DREDGED FILLED OTHER
(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.
MCO, LLC c/o Roy Carroll II
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 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 ft2,
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 ft2 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 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 ft2. 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
tLMG
G
a DAM1 wmpuny
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 • infoClmgroup.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 MCC, 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 page(s) with names listed.
Mailing Address
PO Box
City
State
201 North Elm Street
Greensboro
INC
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
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
gfinch(d).lmnrOui).net; core210si(o)Imgroup. net
RECEIVED
CAMA Permit Application for Major Development — May 2019
Carroll at the Avenue MAY 2 4 2019
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 Wthin.
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 acles '
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 adiacent to the proposed project site.
High density multi -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. ❑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 EP 13 2019
Carroll at the Avenue
Wilmington, New Hanover County, North Carolina
13CM WILMINGTON, NC
m. (i) Are there wetlands on the site? ®Yes ❑No
(ii) Are there coastal wetlands on the site? ❑Yes ®No
(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? ®Commercial ❑Public/Government
®Private/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 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 ❑No ®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 submittal/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
CAMA Permit Application for Major Development — May 2019 SEP 1 ,D,9
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, if applicable, must besubmitted 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 requireditems 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, clearly 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
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
Action ID# 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 property 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 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
SEP 13 2019
4
DCM WIL-MINGTON, 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
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?
❑Yes ®No ❑NA
(ii) 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
b. Number of lots or parcels.
6
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
33.3 ac.
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 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
(it) If yes, list the date submitted: Pending
k. Have the facilities described in Item (i) received state or local
approval?
❑Yes ONO ❑NA
If yes, attach appropriate documentation.
M. Does the proposed project include an innovative stormwater
design?
[]Yes ONO ❑NA
If yes, attach appropriate documentation.
m. Describe proposed drinking water supply source (e.g., well, n. (i) Will water be impounded? ❑Yes ®No ❑NA
community, public system, etc.) (ii) If yes, how many acres?
Municipal water
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
Dam
Carroll at the Avenue
Project Name
347 MCO, LLC
Applicant Name
EU'ZA15617� g4EEWWO Agent, Land Management Group
Applic Si . ture
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' CAMA Line
PARAMOUNTE
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 Roof Required =
2,085 SF
5.77 AC
1.44 AC
1.49 AC
0.05 AC
RECEIVED
SEP 13 2019
DCM WILMINGTON, NC
Table 2. Building Data Table
BUILDING DATA TABLE
81
82
83
B4
BS
B6_F
B7
138
89
310
Total
Height(R)
45
55
45
55
75
75
75
75
55
55
Parking Deck Spaces
384
606
610
1,600
Retail Area (sf)
7,200
28,700
4,000
11,000
13,000
13,000
24,600
13,500
115,000
Restaurant Area (sf)
8,000
8,000
16,000
Hotel Area (sf)
138,400
138,400
Hotel Rooms
231
231
Office Area (sf)
7,200
133,500
140,700
Residential Area (so
110,100
33,000
65,000
65,000
123,000
327,500
723,600
1-Bedroom Units
31
9
19
19
35
1 94
1
207
2-Bedroom Units
39
12
23
23
44
117
258
3-Bedroom Units
8
2
5
5
9
23
52
Residential Units
0
78
0
23
47
47
0
88
234
0
517
Single Largest Fire Area (sf)
Construction Type
II-B
II-B
II-B
II-B
II-B
II-B
II
II-B
II-B
II-B
HasSprinklers?
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
NCFC B105 Fire -Flow Reqt. (gpm)
Fire -Flow Regt. Reduced (gpm)
1500
35D0
1500
1500
1500
1500
1500
1500
1500
1500
NCFC B105 Fire -Flow Duration (hr)
1
14,400
146,800
12,000
44,000
78,000
78,000r
138,400'r
147,600f
341,000
133,500
1,1 33,700
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
LIDO
Maximum Parking Allowed
Parking
Quantity
Unit
B3
B2
B3
B4
85
B6
B7
B8
139
B10
Total
Provided
Retail Area (sf)
0.01
spc/sf
36
144
20
55
65
65
0
123
68
0
575
Fiesta ura nt 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
1 5
1 13
13
0
23
58
0
130
Parking Deck S aces
0
384
0
0
606
0
0
0
610
0
1600
1600
Surface Parkin Spaces
1448
443
Total Parkin Spaces Allowed
0
384
0
0
606
0
0
0
610
0
3048
2043
Bicycle Parking Required
Quantity
Unit
Total
Retail Area (sf)
0,001
spc/sf
115
Residential (units)
1
spc/unit
517
Office (sf)
0.0002
spc/sf
28
Total Required =
660
ADA PARKING REQUIREMENTS:
34 STANDARD SPACES
7 VAN SPACES
TOTALADA PARKING REQUIRED =41 SPACES
TOTALADA 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 prgpcnawll+�e to meet
MAY 2 4 2019
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
Governor
MICHAEL S. REGAN
Secretary
NORTH CAROLINA
Environmental QuaUty
BRAXTON C. DAVIS October 4, 2019
Director 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 atthe 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.
SinceGrely
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
�DWQ
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, Noah Carolina 28405
910.796.7215
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Govemor
NORTH CAROLINA
Environmental Quality
October 9, 2019
Advertising@stamewsonline.com
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
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director, Division of Coastal Management
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 Pietist 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
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive ExL, Wilmington, NC 28405 919 796 7215
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.
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.
AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: 34.7 MCO, LLC
Mailing Address: 201 NORTH ELM STREET
GREENSBORO, INC 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.
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 RECEIVED
04 /30 t2019 MAY 2 4 819
Date
DCM WILMINGTON, NC
This certification is valid through 12 131 f2020
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3916 OLEANDER DR
WILMINGTON, NC
28403-6758
3686440406
05/24/2019 (800)275-8777 1:28 PM
Product=Sale ======Final
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Clerk: 02
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. Elm 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 Wilmington
Nearest Waterway Onslow Bay 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, 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.
DECEIVED
SEP 13 7019
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 (910) 251-4694 or Brennan.J.Dooley(i�usace.army.mil.
DOOLEY.BRENNAN.JO'm:Cw
Corps Regulatory Official: HN.151299261311°^°'°" Date: March 16, 2018
Expiration Date of Verification: March 18, 2022p
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 Actjurisdiction 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. If you 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 I OM 15
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, 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.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
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
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 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.
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.tisace.army.mil/cm apex/t?p=l36*0.
Copy furnished:
Chad Coburn (NCDWR) via email
RECEIVED
SFP 1 3 1019
DCM WILMINGTON, NC
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
p
Min,-
.i Zt,f^ - t.;.-.A#fir'
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 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.
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
era I � �Olq
utlm WIWINGTON, 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.
SECTION It — 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 CONTAC `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 IOMl5
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 coarse of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunito 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
SEP 13 H19
DCM WILMINGTON, NC
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attic Mr. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
RECEIVED
SEP 1 3 c
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 1: 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: Wilmington
Center coordinates of site (laf/long in degree decimal format): Lat. 34.25335' N, Long. -77.82491 ° W.
Universal l-ransverse Mercator:
Name of nearest walerbody: Howe Creek
Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Masonbom Inlet -Mason Inlet
Name of watershed or Hydrologic Unit Code (HUC): 030203020502
® Check if nmap/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 and are recorded on a
different ID form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:
® Field Determination. Date(s):03/17/15
SECTIONII: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are. no `navigable looters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined 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.
Thera are. and are not "n aters of the U.S." within Clean Water Act (CWA) 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 tntitorial seas
Wetlands adjacent to TNWs
Relatively permanent waters' (RPWs) that Flow directly or indirectly into TNWs
f--1 Nun-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 of jurisdictional 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 T) and/or 3.5 acres.
Wetlands: 5 acres. HP 1 8 [011
c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known): DCM WILMINGTON, NC
2. Non -regulated wafers/wetlands (check if applicable):
® 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 III below.
2 For purposes of this form, an RPW is defined as a trihutmy that is not a TNW and that typically (lows year-round or has continuous flaw at least "seasonally"
(e.g., typically 3 months).
' Supporting documentation is presented in Section IILF_
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 III.A.1 and Section IILD.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections IILA.I and 2
and Section HI.D.1.; otherwise, see Section IILB 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 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 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 ❑LD.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
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 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 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 III.B.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 IILC below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(I) General Area Conditions:
Watershed size: 32791 acres
Drainage area: 0.25 square miles
Average annual rainfall: 59 inches
Average annual snowfall: 0 inches
(it) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
® Tributary flows through %tributaries before entering TNW.
RECEIVED
Project waters are I-2 river miles from TNW. SEP _I. 12019
Project waters are I (or less river miles from RPW.
Project waters are I (or less aerial (straight) miles from TNW.
Project waters are j.-A aerial (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 Masonbom 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 apply).
Tributary is: E 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: In,
Primary tributary substrate composition (check all that apply):
❑ Silts E Sands ❑ Concrete
❑ Cobbles ❑ Gravel E Muck
❑ Bedrock ❑ Vegetation. Type/%cover:
❑ Other. Explain:
Tributary Condition/stability[e.g., highly eroding, sloughing banks]. Explain: relatively stable.
Presence of mtt/riffle'pool complexes. Explain: none observed.
Tributary geometry: itelatively. straight
Tributary gradient (approxima(e average slope): 0.5 %
(c) Flow:
Tributary provides for: Seasonal Flow
Estimate average number of flow events in review area/year: IMMIN
Describe flow regime: Seasonal.
Other infor m t(ion on duration and volume:
Surface flow is: Discrete and confined. Characteristics:
Subsurface flow: Pick List. Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
E OHWM' (check all indicators that apply):
E clear, natural line impressed on the bank
❑
E changes in the character of soil
❑
❑ shelving
❑
❑ vegetation matted down, bent, or absent
❑
❑ leaf litter disturbed or washed away
E
❑ sediment deposition
❑
E 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 ofCWAjurisdiction (check all that apply):
® High Tide Line indicated by: ❑ 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):
(III) 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:
aA natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily 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 now
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 2019
DCM WILMINGTON, NC
(iv) Biological Characteristics. Channel supports (check all that apply):
® Riparian corridor. Characteristics (type, average width):
® Welland 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 Wetland Characteristics:
Properties:
Welland size:5 acres
Welland type. Explain:Riverine Swamp Forest .
Welland quality. Explain:High (NC WAM) .
Project wetlands cross or serve as state boundaries. Explain:
tributary.
(b) General Flow Relationship with Non-TNW:
Flow is: jntermit[ent t1oW. Explain: Wetland surface water releases at higher rain events. Wetlands flow into the
Surface flow is: Discrete
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 berm�barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are ( (or less) river miles from TNW.
Project waters are 1-2 aerial (straight) miles from TNW.
Flow is from: Wetland to navigable waters.
Estimate approximate location ofwedand as within the 100 500-year floodplain.
(it) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain: Watercolor is dark, likely due to high level oforganics.
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/ 1000b cover.
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fishispawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: 4
Approximately ( 5 ) acres in total are being considered in the cumulative analysis.
RECEIVED
SEP 13 2(]N
DCM WILMINGTON, NC
For each wetland, specify the following:
Directly abuts" tY-N) Sire (in acres) Directly abuts' (YEN) Size (in acres)
A - Yes 2.5 D - Yes 2.5
Summarize overall biological, chemical and physical fimctions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the Dow 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 Dow
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 lies within or
outside of a fioodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Raparns 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
edict species, such as feeding, 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 Its( 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 Rows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flaws 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 III.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 ALI,
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide Size estimates in reviewarea:
❑ TNWs: linear feet width (ft), Or, acres.
❑ Wetlands adjacent to TNW.: acres.
RPWs that Dow 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.R. Provide rationale indicating that tributary flows
seasonally:
RECEIVED
SEP l 8 '011,
DCM WILMINGTON, NC
Provide estimates forjurisdictional waters in the review area (check all that apply):
® Tributary waters: 1200 linear feel width ([l).
® Other non -wetland waters: 3.5acres.
Identify type(s) of waters: Open waters.
3. Nan-RPWsa that flow directly or indirectly into TNWs.
❑ Waterbody that is not a TNW or an RPW, but [lows directly or indirectly into a TNW, and it has a significant nexus with a
TNW isjurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates forjurisdictional 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.
JN Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
M 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 ❑T.R 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 directly abutting an RPW that flow directly or indirectly into TNWs.
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 IILC.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
❑i 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 waters.9
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 INTRA-STATE( WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):ro
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 # 3.
9 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 HO for tt--�s
review consistent with the process described in the Carps/EPA ,Memorandum Regarding CIVA Act Jurisdiction Follmving RapanovREC E I V E D
SEP 1 3 ?019
DCM WILMINGTON, NC
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (cheek all that apply):
❑ Tributary waters: linear feet width (ft).
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 areas did not meet the criteria in the 1987 Corps of Fngineers
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" (VIBR).
® Waters 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
judgment (check all that apply):
Non -wetland waters (i.e., rivers, streams): linear feet width (fl).
❑ Lakes/ponds: acres.
El Other non -wetland waters: acres. List type of aquatic resource:
El Wetlands: acres.
Provide acreage estimates for nun -jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required forjurisdiction (check all that apply):
Non -wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/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 applicant/consultant:
Data sheets prepared/submitted by or on behalf of the applican5consult alL
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
HData sheets prepared by the Corps:
Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit I IUC maps.
® U.S. Geological Survey ntap(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:
El 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
❑ Photographs: ❑ Aerial (Name & Date): .
or ❑ Otter (Name & Date): Site photographs.
Previous determination(s). File no. and date of response letter:
[] Applicable/supporting case law:
pApplicable/supporting scientific literature:
❑ Other information (please specify): .
B. ADDITIONAL COMMENTS TO SUPPORT JD: RECEIVED
SH 1 11) 119
DCM WILMINGTON, NC
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CORPORATE LK.BYiE tueER LI3b
MW IYNMS 511m.'r
Rpb rx�a az-eeco _ rw mw axieo
Permit Drawings
Sheet 3 of 4
TWE AVENUE
WETLAND DISTURBANCE
CITY OF WILMMGtON, NG
DGALEI'.40' fM/, I'.4' (v)
SHEET 2 O 2
01
A: ,�/,'/A, <y �r
PLAN VIEW
!CALF: 10•4a
The Avenue
The Carroll Companies
Wetland Impact 2 &
Stream Impact 1
December 7th, 2017
Permit Drawings
Sheet 4 of 4
EN5INEER:IN& AND SURVEYING, ING.
Iwo ve.®w6c IBER rn
JLT
GORwRATE LIGBf£ tLFEER V 1315
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5ED GRADE
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IS
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00+00 0«50
P R O F I L E V I E W
SCALE: 1'.4O' (N) 1'•4' (Y)
EXI51%6RADE
U
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THE AVENUE
WETLAND DI STON, NCE P!
F WI GITY OLMMGiON, NC
19M
Project Name: The Avenue A '7� �' 7�T
Client: CIP ^A,RA".: O {.� 1�1 TE1
Project Number: 18473.PE ..iii...
Prepared By: AEC
Checked By: RPB
Last Updated: 9/12/19
Calculations within 575' CAMA Line
Area Calculations
Land Use SF Acres (E
Asphalt/Roadway (C&G)/Parking - 0.00
Concrete / Sidewalks 2,943 0.07
Area = 251,352 SF 5.77 AC
Allowed Impervious (25%) = 62,839 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.soearsAncden r. lov
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
• Address on MP-1 ✓
• Check box on MP-1 for11) 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. soea rs(dncdenr. aov
127 Cardinal Drive Ext.
Wilmington, NC 28405
Atr a
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NOTES:
Legend
1. BASE CAD FILE PROVIDED BY PARAMOUNTE ENGINEERING, INC.
Project Boundary■I■■I■■I■■I. 2, 2016 AERIAL FROM NCONEMAP.
3. UTILITIES NOT SHOWN.
4. NOT A SURVEYED OR ENGINEERED DRAWING.
5. FOR ENVIRONMENTAL PERMITTING ONLY.
lim
4
Low
RECEIVED
MAY 2 4 2019 Fv,
C ne 910-052-0001
Si
J�w
Ali r Hwy 17
�\Hwy 6
Canollatthe Avenue/ 5110/19 NA
34] MCO, LLC Scale: Job Number
1"=200' LMG18.400
Site Location and Ora by. Sheet Number.
Existing Conditions GSF i of 4
-- ■
• `
, ♦�♦ NHW VERIFIED BY DCM
• • ♦ ♦••�`. ,�i� \ \ \ V j (ROBB MAIRS, 9/22/15)
••� �. 5 AEC
1T"— — --- J; c• \ CONSERVATIO
._-_' j._`C%L�• \, \ .' .gOURCE SETBACK`. \.
ES
\ \
/\-�\11 I 404WF,TLANULIN • T!•��♦_�
MACCUMBER STA ION ROA1 I%%% �,_ •
it
\ PERMITTED IMPA TS _ /i �i' '� • 'i';i; ;%;!'' \ '♦♦� TTUMORI F
J I / V
'.(Action IDB SAW-� 17-02531 & DWR Project 2017-1 06)
PROFILE 1
,
575' AEC
IL IN
WLIJ
\
MILITARY CUTOFF ROAD ■ O "x \ \ ,\� • y+= U
LU
_ �J •
I 4 o
CITY CONSERVATION
RESOURCE SETBACK
I) ��♦ yC / �,� �/ ./{,'/ '/' i / 404 WETLAND LINE
\ OLD MACCUMBER STATION ROAD ♦♦°( PARKING AND MI ED (" ; , _ je
® USE BUILDINGS. EE - tl EASEMENT LINES
APPROVED SUP. �\ Q /i
♦♦♦ \ ' / I 575' ORW OFFSET FROM HOWE CREEK
j STORMWATER FEATURES. I / ' '\ • I
EE STORMWATER SUBMITTAL/ !
------- • � / �� , JZFOR DETAILS
'I 'I I I /i/ 7 �� ♦� �:%/ '/i, ), j %/ �/- ♦ ice— EXISTING PONDIWATERS OF THE US.
_J I \ / i/ •� . - / ? �• • I • PROPOSED IMPACT. SEE SEPARATE
Jr ♦♦ , / / ; J • W USACE IP SUBMITTAUPERMIT FOR DETAILS.
I •. • /i • j� RECEIVED
i lu
MAY 2 4 2019
• DCM WILMINGTON, INC
R
NOTES:
Legend 1. BASE CAD FILE PROVIDED BY PARAMOUNTE ENGINEERING, INC.
LMG ProJecVAppllat the
Date Revision Dale
Project Boundary M■■■■■■■m 2. NOT A SURVEYED OR ENGINEERED DRAWING. Carroll atmeAvenue/ 5I70/79 NA
3. FOR ENVIRONMENTAL PERMITTING ONLY. 347MCC. LLc
Scale: Job Number:
575'AEC -- � LAND MANAGEMENT DROOP 1"=50' LMG18.400
a ■■IEY company Title:
3805 Wrightsville Ave, Suite 15 Project Plan View Drawn By: Sheet Number:
D Wilmington, North Carolina 28402 GSF 2 of 4
Telephone: 910-452-0001
CITY CONSERVATION
'RESOURCE SETBACK.
BUILDING 8
HT:55' 1
(75' W/SUP)
COMMERCIAL /
RESIDENTIAL
------------------•- • �.
: O
Legend
Project Boundary
575' AEC
BUILDING 7
HT: 55'
(75' W/ SUP)
HOTEL
`'\! C PM�N\JO5
LE OP
pP
NOTES:
1. BASE CAD FILE PROVIDED BY PARAMOUNTE ENGINEERING, INC
2. NOT A SURVEYED OR ENGINEERED DRAWING.
3. FOR ENVIRONMENTAL PERMITTING ONLY.
,
, r
/r
NHW VERIFIED BY DCM
—EXISTING POND (ROBB MAIRS, 9/22/15)
575' AEC
1
/ft/* 575.0'
(PARKING, COMMERCIAL AND RESIDENTIAL)
LAND MANAGFNIi GROUP
a DMIA10 R'. c iv nF
3805b6Arighlsville Ave. Suite 15
Nlmington, i Carolina 2W
oRFT i
PROFILE 1
575' 0RW OFFSET FROM -
HOWE CREEK
STORMWATER FEATURES.
SEE STORMWATER SUBMITT
PERMIT FOR DETAILS.
EASEMENT LINE/BOUNDARY
i
i
CITY CONSERVATION
RESOURCE SETBACK
404 WETLAND LINE
i r .
REl
le $ MAY 2 4
DCM
Carroll at the Avenue/ 5/10/19 NA
347 MCO, LLC Some Job Number.
1"=80' LMG18.400
AEC Plan View Or"n by Sheet Number
Detail GSF 3 of 4
011111
r>,S.HT S�Ga
�bM Iy�SS
N\cyU'0/
7 -4 i
0
575' OFFSET FROM NHW
575' OFFSET FROM ORW -
UNIT DESIGN PER ARCHITECT/ENGINEER
APPROXIMATE
EXISTING GRADE
7
1
NOTES:
1. BASE CAD FILE PROVIDED PARMOUNTE ENGINEERING, INC.
2. FOR ENVIRONMENTAL PERMITTING ONLY.
3. NOT A SURVEYED, ENGINEERED OR ARCHITECTURAL DRAWING.
19CAMAV019 CANA FILES%LMG19 051 -- The Avenue, Rob BallandlCAD\Carroll at the Avenue.dwg
r----'-1----------
I / I
I
I
PARKING GARAGE
nITOP LEVEL MAY INCLUDE
,PARKING OR AMENITIES)
I
PROFIL��
I
575' AEC
z 1 i
c
r m=I I
I /'� I �Nz I I � i ✓�
CUT/FILL PER FINAL
GRADING PLAN
� d
NHW VERIFIED BY DCM
(ROBBMAIR 9/22/15)
i
d \\
,d
CITY CONSERVATION
RESOURCE SETBACK
404 WETLAND LINE
7d '•
\\ #•'
1"=100'
MAXIMUM HEIGHT PER CITY ZONING OR
APPROVED PLAN.
CITY CONSERVATION RESOURCE SETBACK
PROPERTY BOUNDARY
LMG
Ca roll the ven e,
34] MC,LLC
LAND MANAGEMENT GROUT
OY1iY'S -.,n,
3 5 Wrightsville Ave, Suite 15
Title:
AEC Typical Profile
Mimington, North Carolina 28,102
View
Telephone 910-052 OWI
RECEIVED
MAY 2 4 2019
DCM WILMINGTON, NC
0
Vertical Scale: 1"=10'
0
Horizontal Scale: V=100'
5110/19 NA
Job Number
As Noted LMG19.061
Sheet Number.
GSF 4 of 4
NORTH CAROLINA
Environmental Quality
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(cDNCDENR.gov
SUBJECT: CAMA
Applicant: 347 MCO, LLC c/o Roy Carroll, 11
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director, Division of Coastal
Management
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 Grep_p 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.
PRINT NAME
AGENCY
SIGNATURE
DATE
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.
State ofNorth Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215
B07e
RECOA010 ANO Y
1220 1622 `HOE e$N1,1711EREo
NEW R4NrtYEA Cj NI
Are 20 4 30 PH 163
i On
=Art or �Reallrnstatne,,
LN=
htcbe'lar Pttmdinr Tme. Boot and Pape
Ter tut No. ... .._ parcel IdcntiPef No.
verified by .... County on the day of ,.
.. ._., 19
by
Mail afw, rnordinp to .. ... __. _. .._. _...... .. ...._...... _... _. _.... _..
This instrument was prepared by Carlton S. Priekett, Jr,.
Brief description for the Index
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this . 11* _, day of . . January._ __ , 1983 , by and beta,en
GRANTOR GRANTER
EILEEN F. WEHINGER (divorced) I NILA MCDOWELL HUDSDN
995 Navaho Trall
Wilmington, NC
Me
Cab In aPP^Rtalt black rw nrh µrly: oame, addreq and, a approWale, rb>naer Of entity. e.a. rorpennen Or parineMlp
The designation Grantor and Grantee as used herein $hall include said partial, their hells, sercea+om, and afaitf s, and
Wall include sin"Isr, plural, m seukine, feminine or neuter as required by context.
WITNESSETH. that the Grantor, for a valuable consideration paid by the Grantee, the recelpt of which is hereby
acknowledged, ban and by these prwats dean prank bargain, sell and convey unW the Gratin in fee simple, all that
cartel. lot or xycol of land situated in the City of Harnett Townshi
...... p.
Nov Hanover County.N.dh Csmlinaandmore padicolarlydeneribed asfoU.vs:
BEING all or Lot 16, Westwood Heights Subdivision, as the
some is shown on a map of Westwood Heights dated May, 1969,
by Jack G. Stocks, RLS, and recorded in the New Hanover
County Registry in Map Book 10 at Page 37; being also Lot 16,
Westwood Heights, as the aame is 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
w.C. Yf�aa.w hru, !Ie. I r Inv. ,In1u11,11.
90"' eel
1220 1623
The Inelurgy hereieabove described was acquired by Grantor by Instrument neorded in
A map showing the above described property Is recorded in Plat Book ..— _.._...___............ _ Per
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto btlonling to
the Gesutee to It. dmple,
And the Grantor eortnsnte with the Creole, that Gunter la wired of the premises In fee simple, has the right to convey
the same in fee simple. that title is marketable and free and clear of all encumbnn..a, and that Grantor will warrant and
defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the pnperty hcreio.boee d... lbed h -object to the following exceptions:
VI RRN[re RN4[Of. Ye Gfa.Yt W N.eu4 r« W N.t rat <e4 <err<f.Y, nu «e,<{ W WJYN... Y N r%.N N W
tNrN.4 Wf N W aYy r«ter6N W4en W W «J u N Nreuu uN uUewr er 1 e .fart a� nu rYY .Nr. vMea �j
(f.MYY Map w EILEEN F, NENINGER
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sa 4",%W .0"a CA.oYN4..................................C.W).
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Were v..W W W NW.M4N Wr . N Y ............ . ... teunm, N
.. ..... ...... . A.rY 4rerW nrnrJW, W WNr ..Y«Y/ .N/
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car v—sa usbn:
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ra. 1--lames eeeum,..car._.......__Swm.H_.BecACelr.Noeacy-Yubifo........................_........___.............
................................ ............._.-----......._ -.
b/aY <trlel.a Y {r M.. rare ...nuYt W ".erm sk «e 1Jy re{YNrN 4 Y, 4N a.t rW Lgeai� ��err-'//a'w����TCMt
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L.................. ON.e(WWUes--u-serseeMAY Q 4 2019
a.°.° "N. '.."•'°".{.0 w."'. DCM WILMINGTON, NC
n� BOOR
No DRUM BTAVA 1335 O U 19 REGO4ROEO AND VIRIFiED
iD MN BY1 Richard N. Morgan, Attorney at Law IgINUR GF DEEDS
DINS NEM HANOVER 00. NO
STATE!OF NORTH CAROLINA A 10 9 s3 AH'86
COUNTY OF NEW HANOVER
THIS DEED, mlde and entered Into this let day of July, 1906, 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 exiling address Is Route 3, Box 3278, Wilmington, N.
C. 28403, party of the second part;
N I T N 8 B S B T B:
Whereas, the parties of the first part new 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, so that he
will be the sole owner of said real estate.
11 Nov, therefore, the said parties of the first part, in
consideration of the foregoing aitters and ONE (01.00) DOLLAR to them
In hand paid, the receipt of which to 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 and assigns, all those certain tracts, parcels, or lots 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
of the Military Cut -Off Road (100.0 foot R.O.W1, 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 2,354,545.33) and also being located
North 34 degrees 25 minutes East 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 mid Western
R.O.W. line of the Military Cut -Off Road South 04 degrees 28
minutes 15 Seconds West 174.6E feet to a point; thence North
51 degrees 20 minutes West 194.46 feat to a point in the
Bastern line of the aforementioned Subdivision( thence along
said Eastern line North 34 degrees 25 minutes East 145.00
feet to a point; thence South 51 degrees 16 minutes 15
seconds Past 107.03 feet to the point of be inning. Above
described tract containing .50 acres and being a part of the
Jack Moore property as recorded in Deed Book 704 at Page 564
Of the New Hanover County Registry. Being the same property
described in a deed to William B. Towles and wife, Brenda
Towles, dated July 27, 1976, and recorded In Boo (� Z WB.D
45 of the New Hanover County Registry.
MAY 2 4 W9
0691"67 DCM WILMINGTON, NC
PAQ1
1335 0020
o act 2. MINNING way of Secondary aRoad ngo. 1409Iron p(military cae in the t-Off tern r100tfoot
right of way), $aid iron ppippee being located South 1 degree 0
minutes 46 seconds Nest 1108.7 feet from the Southwest
corner of Lot 24 of the Westwood Heights subdivielon, same
being recorded in Nap Book 10 at Page 37 of the New Hanover
County Registry) running thence from said beginning paint
South 44 degrees 33 minutes 26 seconds East 216.61 feet to
an iron pipet thence South 41 degrees 41 minutes 6 seen,
Bast 49.64 feet to an iron pipe n the run of sally wmrtin
branch) thence with said branch to a point which is located
North 72 degrees 48 minutes 52 seconds East 79.93 feet from
the preceding poinet running thence North 41 degrees 41
minutes 6 seconds Nest 83.30 feet to an iron pipet running
thence North 44 degree* 33 minutes 28 second* West 206.98
feet to a concrete monument in the Eastern right of way line
Of Secondary Road No. 1409r running thence with said right
of way line South 1 degree 0 minutes 46 seconds Nast 90.02
feet to the point of beginning. Contalning 0.51 acres more
or leas. All bearings are related to North Carolina Grid.
The courses and distances set out herelnebove are based 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 wife, Brand& G. Towles, dated January 2.
1971, and recorded in Book 956, Page 570 of theNowHanover
County Registry.
Subject to 1986 taxes.
Together with all and singular the lands, tenements, easement&,
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 heirs and assigns, Forever.
And the said parties of the first part do covenant that they are
seised of said promisee in fee and have the right to convey the same
in fee simpler that the same are free from encumbrances, except as
stated &hover and that they will WARRANT and DEFEND the said title to
the mama against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have
hereunto set their hands and seals, all the day and year first above
written.
(SEAL)
William B./Tow ej --
,1lLwp.o. ,2F /0 (SBAL)
Brenta H. Towles
RECEIVED
MAY 2 4 2019
DCM WILMINGTON, NC
.. as. BOOR PAOf
1335 0021
STATE OF WORTH GROLIER
COUNTY OF NEW HANOBBR
I' , a Notary Public of
WILLIAW yy� lbrt GtOline, do hereby cart y�
4• E� and Mife, NURMA S. TOWLES (also known as Sranda 0,
Towles), rah'personally appeared before an this day and acknowledged
the dca Nt tloa.of the foregoing instrument,
�' ;IIOr bend and notarial seal, this the ,• R_ day of puly,
1 4 r s 1•.': n
ant
;! � �p� • l `:< � Rotary c
FrAn � tl OF NORTH CRT CAROLINA
'(Iw Folcttdn d t<N_____
8 oenikdle& wnzi. `
Thbem10_ dq'of__-WyJ9_96
Rt .T r, a,txe,.,r __
aY
RECEIVED
MAY 2 4 2019
DCM WILMINGTON, NC
BOOK PACE
12 i 199 :UNHaw P � lens
2' ty Omtr.�Jj 99 - o3e9� 14 6
g�
STATE OF NORTH CAR4LINeiORDEIt k VERIFIED, An SUE 0079
Fy dyer SlOO-ae2rored^eaq
ISTER OF DEEDS
Vd00-aaOS•Aff-000.
COUNTY OF NEW HANOV y� HA;IOVLR CO. NO
Igl✓tYMI�QAw
a"�At1aI1EEda and entered into this 31e1 day of March, 1999, by and between
WILLIAM B. TOWLES and wife, 13RENDA H. TOWLES, of New HanoverCounty, North
Carolina, whether one or mare, fiereineRer rofamd to as GRANTORS; uA NEW HANOVER
COUNTY WATER AND SEWER DISTRICT, a body corporate and politic of the State of North
Carolina, whose mailing address is 320 Chestnut Street, Wilmington, North Carolina 2&101,
hereinafter referred to a GRANTEE;
000066 W>TNF TH
WHEREAS, GRANTORS own property within the arcs of New Hanover County to be
served by the GRANTEE'S sewer system; and
WHEREAS, GRANTEE requires essemenls for the purpose of constructing and
maintaining sewer lines, and GRANTORS have agreed to convey the necessary easement to
GRANTEE;
NOW THEREFORE, GRANTORS, for and in consideration of the swn of One Dollar
(S 1.00) and other valuable considerations to dram in hand paid by GRANTEE, and in
consideration of the mutual benefits inuring to the parties hereto, do hereby give, grant and
convey unto GRANTEE a perpetual right and easement as more fully described in Use paragraphs
below.
1. Lmation of Easement. Being a permanent sewer and water easement on the property
of the GRANTORS described in Dad Book 755, Page 74 New Hanover County Registry, and
more specifically described on Exhibit "A" attached hereto and incorponled herein by refereoce.
2. PuMase of Eamment. The purpose of the ease ant 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 facilities,
and removing structures, fences, trees, shrubs and vegetation within the easement area.
GRANTORS shall have the right to use and enjoy said easement matt subject to the casement and
rights herein granted. At the conclusion of any installation or mainterwice activities will" the
above described easement, the GRANTEE will return the easement to as new pd9IF69W ED
feasiblely possible. Rtl. V
IlsarrodTe
MAY 2 4 2019
DPMNBy
DCM WILMINGTON, NC
,187146
�% ••r PACE
BOOK New INrmvec testy OcutxncG / 99 - 0989
. 5 aemictio�rre oe ? ntora"" . o" •••�•�• GRANTORS agree net to emet huiWiuga,
structures, freak iLnea, baor or ponds within the eaaanrnL GRANTORS shall gnat no
additional utility easements on, ova or within live am desenbed in Exhibit ur without first
securing the written authorization of the GRANTEE.
4. Gmye'a R19hfI cd Haas. GRANTEE shed have the rightofimgrees and
egress ova such private roads, driveways, allays and ways as may now or hereafter exist on
GRANTORS' property, and if them ere no public or private roads or ways reuonably convenient
to provide access; to the ces enar4 then GRANTEE shall have the right of ingress and agrees over
GRANTORS' property adjacent to the easement in such manna u shall ocasion the least
practicable inconvenience and damages to GRANTORS. GRANTEE will be responsible for
damages to GRANTORS' property for such use.
S. Covenants by Grantor. GRANTORS, for themselves, thew heirs, executor,
administrator and assigns, do covenant with the GRANTEE, its successors and assigns, that
they are owners in fee simple of the real property which is subject to the described easement, that
they have good right to grant and convey said casement; that said ese anent is fie and clear from
all restrictions. casements. or cncumbnmcee, except any mentioned in this instrument, any
restrictions of record, any utility or drainage easements of record, and the lien of local property
taxes; and that they shall, and their heirs, executors, administrators and assigns Shall waranf and
defend the fifle to said easement against the lawful claims and demandsof any and all pasoru
whomsoever.
TO HAVE AND TO HOLD the right and easemrnt hereby granicd to the GRANTEE and
its successor in title forever; it being agreed that the right and cement hereby grentod is
appurtatant to and runs with the land now owned by GRANTORS.
IN TESTIMONY WHEREOF, the parties have hereunto sec their hands and seam, the day
and year first above written.
l�v�LlGuw �, /SEAL)
William B. Towles
���E1vED
Brenda H. Towles
MAY 2 4 2019
DCM WILMINGTON, NC
Now Hmww Onelty (bnt:rwt 0 99 - 0309
BOOK
STATE OF NORTH CAR01JNA
COUNTY OF NEW HANOVER
2587
PACE
01Y8
County No�tth Grob IU a Notary public ofptA.1 �„(�
Y cutity Hut WE.LIAM B. TOWLES ad wife, BRENDA H.
TOWLES. pee MUM came befom me IWS day and nclmowledged the aecuflon of the foregoing
inetrtuntnl
1999.
Wimesa my land and notarial sal or ",thin day of
My commission expima: 3—
STAR OF NORTH CAROLINA
Nm Heawex Ceaah
I FW.Pi* A C.,AaYe) d
irobp (ndfM) IWi V ,n aldd
bbmM
�eaa<d
b
n.ymy
"� gtRH.l.. �.11191
R,
RECEIVED
MAY 2 4 2019
DCM WILMINGTON, NC
-
w�800K
p149
r i, 2 5 8 9 asmb(t "e«
Beginning at a point located the fallowing two (2) course= from a ooncr* right-of-way
monument 10ctrod at the intetsec cm of the easterly highway boundary of Station Rod (60' wide
-� • Formcdy MoCumbm Station Rod) and the division line between the Imda of Wil0am B.
Towles (Deed Book 785, Page 74) on the South and to lands of the North Carolina Highway
Commission (Dead Book 628, Page 218) on the with:
I. Thence from aid monument, South 55 degrees 40 minutes 00 woods east song Said
division line a diets=of 382.86 feet to a point;
2. Tbacm South 34 degrees 20 minutes 00 seconds wet 15.79 fed through add lands of
William B. Towles (Deed Bank 785, Page 74) a distaocsaf 15;79 fed to the point of beginning;
Thence from Said point of beginning, south SS dorm 47 minor= 53 Sa0nds and paellei with
ad 20 fat northavly from the centerline of an 9-inch unitary Sewer liae, a distance of 593.86
fat to a point;
Thence South 35 degrees 03 minutes 46 seconds weal a distance, of 30.00 feet to a point; said
point located at the southweelaly corn= ofan existing 20' utilityrightof-way (Dcad Book
1560, Page 1481);
Thence north 55 degrees 47 minutes 53 wands wear parallel with and 10 fed Southedy from the
otmtedoe of an 8-inch unitary sewer liae a distaw of 593.46 fee to a point
Theom north 34 degrees 20 minutes 00 seconds gad a distance of 30.00 fat to the point of
begriming; containing 17,810 aquae fed, mom or leas.
3
RECEIVED
MAY 242019
DCM WILMINGTON, NC
N gi.ieE. r.e. NORTH CAROLINA 3�710 UCC-0
UNIFORM COMMERCIAL CODE — FINANCING STATEMENT
nwm N (READ INSTRUCTIONS ONBACK BEFORE COMIL[TINO TNISIORM)
ThIafINANCING STATEMENT it presented toe Filing0111,e1fa Ne.m Aadumni
filing punwnt to the Uniform Commardat Code. sn.a.
(1) Debtodsl a.nN.m.Enm..aAodnatnh: (21 SewledFanylies) w.m.ldA.dAdd,... 18 0 0 5 0 1
R4aae rrMl
Cynthia McIntyre New Hanover Clounty
89)9 Ste 320 Chestnut Street, ROUT 309
pherLs U,nrch Road s ,IUN % R(711 yo
Wilmington, NC 28405 Wilmington, NC 20401
to
RE"CRDED &VERIFIED
u.ARY SUE DOTS
Fl-.ISTER OF DEEDS
Aa., "":.-',FR CO. NO
Filly
u ,ne.,. W. olater aece s tut .splra, d—rtl . —1 I m.nua. Of liar
In.',
nahrclodlq «sore a.n.rpl Isl. _
_..__ _ —.
(51 This Financilg Statement Cavern the Following
wing types (or items] al properly.
ramuinctured home, 1972 Model Sirsgle Wide BOOK PAGE
0000V '567 0 15 0
*On Farm Collateral Fil yNNne Coumy Debtor Nesklesio
❑products of the Collateral Are Also Covered. (Cannot be Filed unless County a named.)
. fill) Signatures: Debtogs) Secured party(iell for ASdgmeSI
i♦<+J er t'AunCY
this MCIn a ({
1' � Imo— pry
Su) _ - -- / jf�n( II9I Cureo L�r�14 iildf5rteai�nF� sS4si iors
rmA aved by N.C. Sec. al State 111 Collateral is wbjed to Searity, interest In Another Jurisdic[ion
and ®
RensM 11 90 O Collateral Islifought Into This State
❑ Oablor i Locationtion Changed To This State
Ol rm.y alKa copy N.11.1 (2) For Other Situations See: G.S. 25 9 402 (21
UCC 1
i
--.'J=1.
it f
'y.
L
A
REGEfuX
MAY 2119 i;
.r
T-'
- DCM WILMINIRN;NC
:,S7147
,
FOR REGISTRATION REGISTER OF OEEDS
'EMEFERNEW NRNOVER COUNTY. ISK
2012 FEB 22 09 49 27 AN
BK 5619 PG. 1573-1576 FEE S26 N
NC REY STW $90.00
NOW 1NON
NORTH CAROLINA GENERAL WARRANTY DEED
File No. It-E-08A-LP Excise Tax $90.00
Tax Lot No Parcel Identifier R05105-001-015-001
Prcyared, without title examination, by James L Wilson, Attorney with Law Offices of lames 1, Wilson
605 N Asheboro Street, Liberty, N C 27298 After record rig mail to James L Wilson
Bncf description for the Index
Lot 17 of Westwood Heights Subdmston
THIS DEED made this 25th day of February, 2011 by and between
Evelyn 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 Grantor and Grantee w used herem shall include sold paruC , then laws, successors, ana assigns, ana snau
include singular, plural, masculine, feminine or neuter as required by context
W ITNESSETH, that Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has
and by these presents does grant, bargain, sell and convey unto Grantee in fee simple all that certain lot or parcel of land
situated in the City of Wilmington, New Hanover County, Noah 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 100-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 land 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 his hand and seal the day and year first above
written.
Q%. a/�r� qkmc (Seal)
Rebecca V. Burton, Attomey-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 hereby certify that
Rebecca V. Burton, Attomay-in-Fact for Evelyn Q. Vickery, personally appeared before this day and
being by me duly swom 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 -
of -attorney 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; 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 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.
ill t`if I LC�6�C,tC N.P.
o Lenore L. Pickle
My commission expires: September 23, 2013
Seal - stamp
010-20010
OFFIO& M
Ndary Wtlp 6Nq al Nortli reiFha
^.ounh alneMeyli
LENORE L PICKLE
Commusam Ex rte8 aTa201a
RECEIVED
MAY 2 4 NO
DCM WILMINGTON, NC
z
1
3
IS10
1
v
r
JENNIFER H. MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
Filed For Registration:
Book,
Document No.
NC REAL ESTATE EXCISE TAX:
Recorder:
WILMINGTON, NC 28401
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 2 4 819
DCM WILMWGTON, NC
Book 5949 Page 965
Z�
BK: RB 5949
2016004447
RRECORDEED-970
02-17-2016
NC FEE$2603
NEW HANOVER COUNTY, NC
04,04:20 PM
TAMMY THEUSCH BEASLEY
BY: CAROL HUGHLEY
REGISTER OF DEEDS
DEPUTY
NORTH CAROLINA GENERAL WARRANTY DEED
Revenue Stamps: $NTC
Parcel Identifier No.: R05105-001-023-000
Mail after recording to: J Mift A1001'e- ertu00a LLF
This instrument was prepared by,G. Martin, Smith Moore Leatherwe
Suite 301, Wilmington, NC 28401 (without title examination)
Brief description for the Index: 10.811 Acres, Military Cutoff Road
THIS DEED made this I O day of Fe' , , 2016 by and between
PATRICIA MORRIS ROSEMAN, SUCCESSOR
TRUSTEE OF THE IRVINALVINROSEMAN
TRUST U/A/D DECEMBER 20, 2002, a twenty-five
pemmtundivided interest
24 Backfin Point
Wilmington, NC 28411
GRANTEE
PATRICIA NL ROSEMAN, TRUSTEE OF THE
ROSEAMFAMILYTRUSTESTABLiSHEDUNDER
THE IRVIN ALVIN ROSEMAN TRUST U/A/D
DECEMBER 20, 2002, a twenty five percent 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. HelfdFer 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 I 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 clear of all
encumbrances, and that Grantor will warrant and defend the title against the lawful iBliPPYHO
persons whomsoever, other than the following exceptions:
MAY 242019
2
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 2 4 2019
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
TRUSTEE OF THE IRV II I ALVIN ROSEMAN TRUST
U/A/D DECEMBER20, 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, Successor Trustee of the Irvin Alvin Roseman Trust U/A/D December 20,
2002.
Today's Date: (O 2016. C&K, T
[Notary's signature as name appears on seal]
USADTURNER � � ' �n�
NOTARY PUBLIC [Notary's printed name as name a pears on seal]
DUPLIN CWNTY, NO oz g My commission expires:
[Affix Notary Seal in Space Above]
RECEIVED
MAY 24M9
DCM WILMINGTON, NC
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 corner 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. LA-3 044, 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
DCM WILMINGTON, NC
Book 5949 Page 970
TAMMY EAS EY SCH New Hanover County
Register of Deeds
Register of Deeds _-
i
216 NORTH SECOND STREET * WILMINGTON, NORTH CAROLINA 28401
Telephone 910-798-4530 # Fax 910-798-7751
s
'�1r
a
#44#HXi# H4H4#Ht#1t4H#H1fd#t1 f tit Rf*RftR ti kR RR*R*i#4*4####i!-04HH1tH*t*k#H**i#i R*R#Ri if R4H R*MR##t#
I
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
X#tfY fil4#1yt1f#iit#fi*tt[t**Rifi#it#1f*IHHf#R#kRt##*f Yf if Hf*Yfi MtYX1#tt#H#lttf #1t HtHYHtlwlfi#f#####tti
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
2289.2292
2017025102
NC FEE$26.00
RECORDED
08-03-2017 NEW HANOVER COUNTY, NC
STATE OF NC
02:00:06 PM
TAMMY THEUSCH BEASLEY
REAL ESTATE
EXTX
BY: CARCL HUGHLEY
REGISTER OF DEEDS
DEPUTY
WARRANTY DEED
Prepared by:*TNIURCHISON, 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% DD MC
THIS WARRANTY DEED, made this ZrJ-d day of . , 2017
by and between BETTY COLLUM DAVIS (F/KJA 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, N(
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.
ReWn to
Murchison, Taylor & GlIx on, PLLC
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 2 4 2019
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.
6&
BETTY COLLUM DAVIS (F/K/A
eCY"wR) /q
BI DAVIS
STATE OF NORTH CAROLINA
COUNTY OF 1�2.uJi�CvCXr(P.�
(County where acknowledgment is taken)
I, A M-L1oCCe_ , 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 P- day of ALILU&2017.
yp- OD%, Notary Public
���
Notary Public
arunswick Count My Commission Expires: 6� 0'5 aoG :O
���h CA R O�;�ae°�\•
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 • Fax 910-798-7716
R� T
LOONTY.N
OPT.
0
z 0
= o
3
? i2
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 M9
DCM WILMINGTON, NC
DO NOT REMOVE!
This certification sheet is a vital part of your recorded document. Please retain with original document and submit
when re-recording.
Major Permit Fee Schedule
Project Name: County:
VOk� 0-41/L& f\Wvluiilf.� N
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:
III(D). If General Water Quality
$400
60% ($240)
40% ($160)
Certification No. 4175 cannot be applied:
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:
J