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HomeMy WebLinkAbout20160783 Ver 2 _IP Modification Request _20171122jouthem environmental Groupdnc. 5515 5out6 Colke¢ge }toad, juite 1_ Wilmington, NC 28412 Prone: 910.452.271 1 rax: 910.452.2899 F mall: oTflce@segi.us 16 November 2017 Electronic Mail Ms. Rachel Capito Wilmington Regulatory Field Office US Army Corps of Engineers (USACE) 69 Darlington Avenue Wilmington, NC 28403 Rachel.A.Capito@usace.army.mil Mr. Robb Mairs NC Division of Water Resources (DWR) Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Robb.Mairs&ncdenr. og_v Re: Bailey Center (Swansboro Park) IP Modification Swansboro, Onslow County, North Carolina USACE AID # SAW -2008-02698 NC DWR Project # 16-0783 Dear Rachel and Robb: [SEGi Project #: 07-113.01] Southern Environmental Group, Inc. (SEGi) has been retained by Bailey & Fuller Properties, LLC (herein referred to as the "Permittee") to pursue modifications to the previously issued Department of the Army (DoA) and NC Division of Water Resources (DWR) approvals, in the form of an Individual Permit (IP) Modification and Major Water Quality Certification (WQC) respectively. The modifications are necessary to account for changes to the site plan, specifically the proposed number of buildings and built upon area, the reduction in wetland impacts and subsequent reduction in compensatory mitigation. To date, the previously authorized wetland impacts have not been undertaken. This is mainly due to Bojangles and Starbucks finding other locations for their new buildings. This development allowed the Permittee to reduce the number of buildings to three, which in turn enabled the project area to be reduced to 2.64 -acres of land and prompted the need to reconfigure the site. The current site plan consists of three buildings, parking spaces, access/egress roads, stormwater management measures and utilities. In order to facilitate the construction of the proposed project, 0.69 -acre of non -riparian wetlands will need to be filled. This plan reduces wetland impacts by 0.32 -acre. To offset the proposed impact to the loss of wetland function that is anticipated to take place as a result of filling 0.69 -acre of non -riparian wetland, the Permittee proposes to make payment for 1.4 -acre of non -riparian wetland restoration credit to the Hofmann Forest Wetland Mitigation Bank. After extensive evaluations of on-site and off-site alternatives and the incorporation of avoidance and minimization efforts, the Permittee and SEGi have determined this proposal to be the least environmentally damaging, practicable alternative. In addition to the modification of impacts, the Applicant is also requesting a three (3) year extension for the permit to December 31, 2020. This will ensure ample time to complete the construction of the project. To assist you in your decision making processes, please find attached the "Bailey Center Supplemental Document to the Request to Modify DoA Individual Permit & DWR Water Quality Certification" packet. It is SEGi's hope the information found within and attached to this request is sufficient and the authorizations will be issued without delay. However, should either of you have questions or concerns or need additional information, please feel free to contact me at 910.228.1841 or email me at dlutheran(a)segi.us. Thank you in advance for your assistance with this project. We look forward to hearing from you. Sincerely, Dana A. Lutheran SEGi Regulatory Specialist cc: Mr. Christopher Bailey — Client Ms. Karen Higgins — NC DWR 401 & Buffers Unit Oversight Raleigh (4 hard copies) Mr. Robb Mairs — NC DWR 401 & Buffers Unit WiRO (1 hard copy) Jennifer Burdette — NC DWR 401 & Buffers Unit Oversight Raleigh (jennifer.burdettekncdenr.gov) Enclosures: (1) Southern F nvironmental Group, Inc. 5515 j' outl, College Road, Suite E- • Wilmington, North Carolina 2841 2 910.452.2711 • Fax: 910.452.2899 • o{fice@segi.us www.segi.us Bailey Center Supplemental Document to the Request to Modify DoA Individual Permit & DWR Water Quality Certification (AID# SAW -2008-02698 & DWR# 16-0783) Prepared for: Bailey & Fuller Properties, LLC 405D Western Blvd. Jacksonville, NC 28546 (910) 256-8443 Prepared by: Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, NC 28412 910.452.2711 Date: 16 November 2017 Bailey Center IP Modification Supplemental Document Table of Contents SE -G1 Section Title Page I. Introduction.............................................................................................. 3 II. Ownership............................................................................................... 3 III. Project History ........................................................................................... 3 IV. Current Conditions...................................................................................... 3 V. Project Description..................................................................................... 3 VI. Purpose and Need...................................................................................... 4 VII. Alternative Analysis.................................................................................. 4 A. Off -Site Alternatives................................................................................. 4 B. On -Site Alternatives.................................................................................... 6 VIII. Avoidance and Minimization........................................................................ 6 IX. Compensatory Mitigation........................................................................... 7 X. Summary ................................................................................................ 7 Appendices A. Onslow County Tax Information..................................................................... 8 B. Bailey & Fuller Properties, LLC Sec. of State Corp Pages ........................................ 9 C. Proposed Site Plan & Wetland Impact Map ........................................................ 10 2 (11/16/17) Bailey Center IP Modification Supplemental Document 5E-Gi I. Introduction Bailey & Fuller Properties, LLC (herein referred to as the "Permittee") is seeking to modify their Department of the Army (DoA) and NC Division of Water Resources (DWR) approvals to impact 1.01 -acre of wetlands located within four (4) parcels, with one having a physical address of 810 West Corbett Avenue, Swansboro, and Onslow County, North Carolina. The need to modify the permits is based upon changes in tenants, who were once going to establish new businesses at the Bailey Center, namely Boj angles and Starbucks, but chose to build elsewhere. The change in tenants prompted the Permittee to compress the development and, thereby, reduce impacts to wetlands. II. Ownership: Four tracts of land, containing 4.51 -acres, were originally proposed to be developed: Tract A— Bailey & Fuller Properties, LLC (Onslow County PIN 535520901325) Tract B — Jerry Gower Construction Co. (Onslow County PIN 535520902562) Tract C — Jerry Gower Construction Co. (Onslow County PIN 535520903228) Tract D — Swansboro of Jacksonville, LLC (Onslow County PIN 535520905379) Please refer to Appendix A for property information. III. Project History: The Permittee received DoA and DWR athorization to fill 1.01 -acre of non -riparian wetlands, which was necessary to facilitate the construction of a 10,000 SF retail building; a 3,600 SF multi-purpose building; a 3,700 SF commercial building; a 3,855 SF commercial building with patio; trash dumpster facilities; 179 parking spaces; access roads and drive through lanes and two (2) wet detention ponds. The following project numbers have been issued for the subject properties: Issuing Agency Action Date Issued Project Number Authorized Impacts (AC) DoA Standard Permit 2/16/17 2008-02698 1.01 AC DoA Jurisdictional Determination 2/16/17 2008-02698 NA NC DWR Major Water Quality Certification 1/12/17 DWR# 16-0783 1.01 AC DCM CAMA Consistency Determination 2/6/17 CD17-0002 NA Table 1 Project History Copies of the above listed actions have been included with this correspondence, as Appendix B. IV. Current Conditions: To date, no work has taken place on the site, and the compensatory mitigation, for the previously authorized impacts, has not been fulfilled. Tracts A and B are still vegetated with mostly herbaceous species. Tract C has been cleared of smaller trees. The wetland feature on the site can be described as a hardwood depressional forest, with Nyssa sylvatica var. biflora (black gum), Acer rubrum (red maple), Ulmus americana (swamp elm), and Smilax laurifolia (greenbriar) being the predominate species. The site is located within the White Oak River drainage Basin. V. Project Description As mentioned previously, Bojangles and Starbucks decided to withdraw from the contract. Therefore, Tract D (2.77 -acre) is no longer part of the proposed development. The new project limits include Tracts A, B and part of Tract C and encompass 2.64 -acres of land. The reduction in the number of buildings and accompanying parking spaces prompted the need to reconfigure the site. The current site plan consists of building a 10,086 SF Dollar General Store; 3,000 SF Verizon Store; a 7,200 SF multi -unit building; trash receptacles; 98 parking spaces and wet detention pond and connected forebay. Please refer to Appendix C, for details of the project. 3 (11/16/17) Bailey Center IP Modification Supplemental Document SE-Gi Heavy machinery, such as a bulldozers, graders, back hoes, and excavators, will be utilized during the construction process. The machinery will be used to clear the land, establish grade, and stabilize the soil and to transport and deposit the fill material within the project boundaries. Sediment and erosion control measures will be installed prior to commencement of land disturbing activities. Threatened and Endangered species and archaeological concerns were addressed by coordination with the appropriate agencies and on site reconnaissance. Findings from these studies did not reveal any areas of concern associated within the project limits. Copies of these documents can be provided upon request. The construction of the proposed commercial development would require filling approximately 0.69 -acre of Section 404 jurisdictional wetlands. The fill is to be placed into one, contiguous wetland feature (see Appendix C). VI. Purpose and Need: The Permittee's purpose for the project is to develop a shopping center, with a Dollar Tree, Verizon, and multi- purpose building that will provide retail and restaurant space, and that is centrally located within Swansboro area, to serve surrounding full-time residents and visitors. The desired service area would include Hubert, Cedar Point, Cape Carteret and Stella, which are all within a ten-minute drive of the project area. The proposed development consists of the following: • 10,086 SF retail building (Dollar Tree Store); • 2,700 SF multi-purpose building (there are potential tenants for this building); • 3,000 SF commercial building (Verizon); • Trash dumpster facilities; 0 93 parking spaces; • Access roads and drive; and 0 One wet detention pond with connected forebay. Please refer Appendix C for details of the proposed development. VII. Alternative Analysis: A comprehensive off-site alternatives analysis has been conducted, as part of the Individual Permit process. SEGi applied the Section 404(b)(1) guidelines by utilizing, current Onslow County Zoning Maps, Public or Private utility company service area information, historical aerial photography and available current land use records, to best determine if any off-site alternatives existed which met site selection criteria. A. Offsite Alternatives First, the Applicant sought to use property they currently owned to construct four commercial buildings that would serve as a Bojangles, Dollar Tree Store, Starbucks and retail shops. Second, the site must front US Hwy 24 (Corbett Street), in Swansboro, North Carolina. The amount of road frontage would be determined by the surrounding development, which could inhibit visibility of the proposed buildings and/or limit access into the proposed development. Third, the site must provide adequate area for parking (i.e. determined by tenants, the Americans with Disabilities Act (ADA) and the Town of Swansboro) and infrastructure (i.e. utilities and stormwater management system) to support the proposed commercial buildings. Fourth, the site must be able to support two access points, one of which, as per the TIA report (previously submitted), would require a traffic signal. Once these criterions were met, the property was evaluated for the potential to accommodate the project, with accompanying infrastructure (sewer and water). If the sites did met the infrastructure criterion, then the degree of wetland impact associated with each remaining alternative site was considered to determine which would provide the Least Environmentally Damaging Practicable Alternative (LEDPA). The table, on the following page, contains the properties that were evaluated as alternative sites for the development: 4 (11/16/17) Bailey Center IP Modification Supplemental Document SE-Gi Map Key Onslow Co. Map ID Size Zoning Access from Hwy 24 1 1319-52 1.3 B-1 Yes 2 1319-78 19.0 B-1 Yes 3 1319-55 7.58 B-1 Yes 4 1319-82 & 83 4.25 B-1 Yes 5 1319-100 14.6 B-1 Yes 6** 1401-125.1 5.0 B-1 Yes 7** 1401-125.2 5.0 B-1 Yes Table 2 Alternative site information Figure 1 illustrates the sites that were evaluated, as part of the alternative analysis, and relative to the project site. Figure I Alternative site analysis map Alternative Site 1 — 1319-52: This site did not meet the size criteria. Therefore, Alternative Site 1 was rejected. Alternative Site 2 — 1319-78: This site appears to meet most of the Permittee's criteria, but is too large. In addition this site is currently being developed by Wal-Mart. Therefore, it was rejected. Alternative Site 3 — 1319-55: While this site meets the location and visibility requirements, it does not provide adequate frontage to Hwy. 24 and is too large, and therefore, was rejected. Alternative Site 4 — 1319-82 & 83: This site met all of the Permittee's criteria except there is no existing traffic light. However, this property is not for sale. Therefore, this site was rejected. Alternative Site 5 — 1313-100: This site is too large, is not zoned business, does not have an existing stoplight and appears to contain a large area of wetlands. Therefore, this site was rejected. Alternative Sites 6 & 7 — 1401-125.1 and 1401-125.2: These two parcels meet the Permittee's required criteria, but after a thorough review of real estate listings in the Swansboro area, it does not appear that this property is for sale, and it is unclear whether or not wetland impacts would be necessary. Proposed Site — The proposed site meets all of the Permittee's criteria for development of three (3) commercial buildings, with associated infrastructure and parking. The Permittee already owns Tract A and is 5 (11/16/17) Bailey Center IP Modification Supplemental Document 5E-Gi in the process of acquiring ownership of Tract B and part of C. Therefore, this is the only alternative that was accepted. B. On -Site Alternatives Analysis During the design of the project, several on-site alternatives were considered. Alternative 1 — Current Proposed Design: This site plan was designed to accommodate two tenants (i.e. Dollar General and Verizon), with whom the Permittee is under contract to lease the space, as well as provide retail space for six additional businesses and associated utilities and infrastructure. The Permittee already owns part of the land and is in negotiations with the property owner of Tracts B and C (i.e. Jerry Gower Construction Co.), to acquire the remaining property. For this reasons, this alternative was accepted. Alternative 2 — Utilization of other uplands within the tract to avoid impacts: This alternative was reviewed, but the proposed site plan requires utilization of all available uplands. Therefore, this alternative was rejected. Alternative 3 — Minimizing the impact area: The Permittee investigated the potential of utilizing retaining walls to minimize impacts, but was rejected due to the fact that the entire area is needed to achieve the Permittee's stated goal and meet city's commercial development requirements. Alternative 4 — Avoiding all impacts to wetlands: The Permittee investigated other potential means for developing the property without impacting wetlands and has been unable to find a practicable alternative that would achieve his stated goal. Therefore, this alternative was rejected. VIII. Avoidance and Minimization: Originally, the Permittee intended to access the property off West Main Street. Unfortunately, due to the heavy amount of vehicular traffic anticipated to be generated from the development, the Town of Swansboro requested the access road be aligned with Phillips Loop Road, which is located south of US Hwy 24. This requirement, in conjunction with providing adequate buildable area on Tracts A and B, pushes the easement to the western property boundary. This has not changed since the original permits were issued and, thus, avoiding the wetland impact is not possible. Therefore, the Permittee incorporated the following avoidance and minimization efforts into the current project design: 1. Reducing the project area enables the Permittee to avoid impacting 0.38 -acre of wetland; 2. Compressing the site plan allowed the western access road to terminate rather than extend all the way to the back of the development, which allowed the stormwater detention pond to be relocated, removing the need to fill 0.08 -acre of wetland; and 3. Rather than position the proposed stormwater forebay adjacent to the stormwater detention pond, which would impact 0.08 -acre of wetlands and would be less expensive, the Permittee chose to place it on the left hand side of the western access road, where the feature would require impacting 0.03 -acre of wetland and would require additional stormwater infrastructure to accomplish. Other minimization techniques that were explored included, retaining walls, underground stormwater systems, bridges or bottomless culverts, pile supported structures and other engineering techniques which reduce the square footage of the project, namely in the location of on-site wetlands. Many of these engineering techniques were given the litmus test by merely reviewing the Local or State rules or by engineering design constraints. In these cases, no design drawing were produced, as a regulatory rule will not allow it or the proposed idea would exceed obvious engineering constraints. Innovative stormwater design was considered as means to minimize wetland impacts within the project limits. The only technique which would reduce the overall footprint of the stormwater system, and possibly result in 6 (11/16/17) Bailey Center IP Modification Supplemental Document SE-Gi reduced wetland impacts, is an underground stormwater system. Based on the location of the project and its proximity to SA waters, this technique is not permissible with the State of North Carolina stormwater rules. For this reason no design drawings were produced or contained within the permit application. Due to the cumulative footprint of the finite or static aspects of the project such as buildings and required parking and stormwater system versus the overall size of the project, very little room is left for minimization. These features cannot be considered pile supported and the wetland is too large to utilize a bottomless culvert. Again, these design ideas were considered but no drawings were completed as they were outside practicable design limits. In total, the Permittee has reduced wetland impacts from 1.01 -acre to 0.69 -acre, a difference of 0.32 -acre. Best management practices have been incorporated into the site plan and will be utilized during the construction process. This should ensure unauthorized impacts to wetlands do not take place during construction. IX. Compensatory Mitigation: The Permittee intends to offset the loss of chemical, biological and physical processes, which will be removed as a result of the proposed fill of 0.69 -acre of non -riparian wetland, by making payment to the Hofmann Forest Wetland Mitigation Bank (HFWMB), for 1.4 -acre of non -riparian wetland restoration credit, at a 2.03:1 mitigation -to -impact ratio (i.e. 1.4 -acre of non -riparian wetland restoration credit for 0.69 -acre of impact). Once the mitigation proposal has been approved, a revised credit reservation letter will be secured from the HFWMB and forwarded to the agencies upon receipt. X. Summary In summary, Bailey & Fuller Properties, LLC is requesting a modification to the previously issued DoA and DWR authorizations for a proposed commercial development, to be known as The Bailey Center and to be located in the Town of Swansboro, in Onslow County, North Carolina. The need to modify these permits is due to a change in tenancy, which reduced the number of buildings needed and subsequently the project limits and the amount wetland fill that would be necessary to facilitate the development. After extensive on-site and off- site alternative analysis, as well as applying avoidance and minimization efforts, the Permittee is proposing to fill 0.69 -acre of non -riparian wetland (0.32 -acre less than what was originally authorized). The Permittee proposes to mitigate for the unavoidable impacts through the purchase of wetland restoration credits from the HFWMB. The Permittee and SEGi have determined that the proposed plan is the least environmentally damaging, practicable alternative available, to achieve the stated purpose and need. 7 (11/16/17) Bailey Center IP Modification Supplemental Document Appendix A Bailey Center Parcel Information 8 (11/16/17) SE-Gi Parcel ID: 038157 Luc: Commercial BAILEY & FULLER PROPERTIES LLC Parcel Tax Year Property Addess Unit Desc Unit # NBHD Class Land Use Code Living Units Mapping Acres CAMA Acres Location Fronting Zoning Map # PIN Number Total Cards Record Type Legal Legal Description Township City Code Jurisdiction Plat Book-Page/Subd # Owner Details Owner 1 Owner 2 Customer ID % Ownership Nature of Ownership Address Owner Mailing Map #: 1319-265 Class: Vacant 038157 2016 810 W CORBETT AVE 4276 - CORBETT AVE COMMERCIAL Vacant 42 - Commercial 1.14 1.14 B -1-B-1 1319-265 535520901325 1 R NC24E 113 - SWANSBORO 22-SWANSBORO 1322 - SWANSBORO CITY NO-SUBDIV BAILEY & FULLER PROPERTIES LLC 184037000 100 JACKSONVILLE, NC 28541-0400 Owner 1 BAILEY & FULLER PROPERTIES LLC Owner 2 Mailing Address PO BOX 400 JACKSONVILLE NC 28541 0400 Public Comments Line # Dept C 1 CONV BI 2 CONV O Sales Sale Date Sale Price Grantor 15 -JAN -08 425,000 Sale Details Deed Date 15JAN-08 Book 3003 Page 897 LT # Instrument Type DEED Grantor Grantee BAILEY & FULLER PROPERTIES LLC Sale Date 15 -JAN -08 Sale Type LAND & BUILDING Sale Validity 00 -Valid Sale Sale Source 6 -MLS Sale Price 425,000 Adjustment Amount Adjusted Price 425,000 Adjustment Reason Note 1 Nate 2 Land Summary -AZ • - f 16 {��Y, zi7i. rip PIN 16 kL n+ rg"` t - � � • �, � r tits' ,a d { f J bp' ti a Parcel ID: 054776 Luc: Commercial JERRY GOWER CONSTRUCTION CO Parcel Tax Year Property Addess Unit Desc Unit # NBHD Class Land Use Code Living Units Mapping Acres CAMA Acres Location Fronting Zoning Map # PIN Number Total Cards Record Type Legal Map #: 13196-20 Class: Vacant 054776 2016 NC HIGHWAY 24 4276 - CORBETT AVE COMMERCIAL Vacant 42 - Commercial .97 .97 B -1-B-1 13196-20 535520903228 1 R Legal Description SWANSBORO PK P1 L2 Township 113 - SWANSBORO City Code 22-SWANSBORO Jurisdiction 1322 - SWANSBORO CITY Plat Book-Page/Subd # 32-139 Owner Details Owner 1 JERRY GOWER CONSTRUCTION CO Owner 2 09 -APR -07 Customer ID 183014001 % Ownership 100 Nature of Ownership - Address 7324 SIEMENS RD Adjustment Amount WENDELL, NC Adjusted Price 27591 Owner Mailing Owner 1 Owner 2 Mailing Address Sales JERRY GOWER CONSTRUCTION CO 7324 SIEMENS RD WENDELL NC 27591 Sale Date Sale Price Grantor 09 -APR -07 350,000 Sale Details Deed Date 09 -APR -07 Book 2851 Page 588 LT # Instrument Type DEED Grantor Grantee JERRY GOWER CONSTRUCTION CO Sale Date 09 -APR -07 Sale Type Sale Validity 01-2 + parcels Included Sale Source 4 -STAMPS Sale Price 350,000 Adjustment Amount Adjusted Price Adjustment Reason Note 1 Note 2 Land Summary Line Number Land Type Land Code 1 S -Square Foot 42 -COMMERCIAL Square Feet 42,253 I 1313265 ++tip i'iy f 1319B-20 ,� # 4f,* 19B-19 L4 - r Parcel ID: 054777 Luc: Commercial JERRY GOWER CONSTRUCTION CO Parcel Tax Year Property Addess Unit Desc Unit # NBHD Class Land Use Code Living Units Mapping Acres CAMA Acres Location Fronting Zoning Map # PIN Number Total Cards Record Type Legal Map #: 13196-21 Class: Vacant 054777 2016 WHITNEY AVE 4276 - CORBETT AVE COMMERCIAL Vacant 33 - Commercial 1.98 1.98 B -1-B-1 13196-21 535520902562 1 R Legal Description SWANSBORO PK P1 L3 Township 113 - SWANSBORO City Code 22-SWANSBORO Jurisdiction 1322 - SWANSBORO CITY Plat Book-Page/Subd # 32-139 Owner Details Owner 1 JERRY GOWER CONSTRUCTION CO Owner 2 09 -APR -07 Customer ID 183014001 % Ownership 100 Nature of Ownership - Address 7324 SIEMENS RD Adjustment Amount WENDELL, NC Adjusted Price 27591 Owner Mailing Owner 1 Owner 2 Mailing Address Sales JERRY GOWER CONSTRUCTION CO 7324 SIEMENS RD WENDELL NC 27591 Sale Date Sale Price Grantor 09 -APR -07 350,000 Sale Details Deed Date 09 -APR -07 Book 2851 Page 588 LT # Instrument Type DEED Grantor Grantee JERRY GOWER CONSTRUCTION CO Sale Date 09 -APR -07 Sale Type Sale Validity 01-2 + parcels Included Sale Source 4 -STAMPS Sale Price 350,000 Adjustment Amount Adjusted Price Adjustment Reason Note 1 Note 2 Land Summary Line Number Land Type Land Code 1 A -Acreage 33 -COMMERCIAL Square Feet 86,249 Bailey Center IP Modification Supplemental Document Appendix B Previously Issued Permits and Certifications 9 (11/16/17) SE-Gi Environmental Quality January 12, 2017 Bailey and Fuller Properties, LLC Attn: Chris Bailey 405D Western Blvd Jacksonville, NC 28546 ROY COOPER �rf}I';'J'i lfJf WILLIAM G. ROSS, JR. Ac ling Secrely{t DWR # 16-0783 Onslow County Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions Swansboro Park USACE Action ID. No. SAW -2008-02698 Dear Mr. Bailey: Attached hereto is a copy of Certification No. 4083 issued to Chris Bailey and Bailey & Fuller Properties, LLC, dated January 12, 2017. Please note that you should get any other federal, state or local permits before proceeding with the subject project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in General Statute 1506 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. --` Nothing Compares. State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919-707-9000 Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Bailey & Fuller properties, LLC DWR# 160783 Individual Certification #4083 Page 2 of 7 Of sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is filed, this Certification shall be final and binding. This certification completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H.0500. Contact Robb Mairs at 910.796.7215 or Robb.Mairs@ncdenr.gov if you have any questions or concerns. Sincerely, Karen Higgins, Supervisor 401 & Buffer Permitting Branch cc: Davis Syster — SEGi — electronic copy Brennan Dooley - USACE Wilmington Regulatory Field Office — electronic copy Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303 DWR WiRO 401 file DWR 401 & Buffer Permitting Branch file Filename: 201607835wansboroPark(onslow) 401 IC.docx Bailey & Fuller properties, LLC DWR# 160783 Individual Certification #4083 Page 3 of 7 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #4083 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B.0200, to Chris Bailey and Bailey & Fuller properties, LLC, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on August 9, 2016 and subsequent information on October 241 2016 and December 9, 2016, and by Public Notice issued by the U. S. Army Corps of Engineers and received by the Division on August 12, 2016. The State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval requires you to follow the conditions listed in the certification below. Conditions of Certification: 1. Impacts Approved The following impacts are hereby approved provided that all of the conditions of the Certification are met. No other impacts are approved, including incidental or temporary impacts. (15A NCAC 02B .0506(b) & (c) and 15A NCAC 02B .0506(h)(8)] 2. Compensatory Mitigation Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the Hofmann Forest Mitigation Bank to meet this mitigation requirement. Until the Hofmann Forest Mitigation Bank receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the Hofmann Forest Mitigation Bank to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6) and [15A NCAC 02B .0506(h)] Compensatory Mitigation Required Amount Approved (Units) Plan Location or Reference Stream N/A 404/401 Wetlands Permanent Temporary Wetland Impacts Map C-1 Impact A 1.01 ac N/A (attached) TOTAL IMPACTS 1.01 Acre 2. Compensatory Mitigation Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the Hofmann Forest Mitigation Bank to meet this mitigation requirement. Until the Hofmann Forest Mitigation Bank receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the Hofmann Forest Mitigation Bank to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6) and [15A NCAC 02B .0506(h)] Compensatory Mitigation Required River & Sub -basin Number Wetlands 1.02 acres WO 03030001 Bailey & Fuller properties, LLC DWR# 160783 Individual Certification #4083 Page 4 of 7 3. Stormwater Management Plan You are required to provide one copy of the stormwater management plan (SMP) approval letter from the Division of Energy, Mining and Land Resources (DEMLR) to the DWR 401 & Buffer Permitting Branch (1617 Mail Service Center, Raleigh, NC 27699-1617) before any impacts authorized in this certification occur. The project must be constructed and maintained in compliance with the approved SMP. After the approval letter is submitted to the Division, the SMP may not be modified without prior written authorization from DEMLR. If the SMP is modified in the future, then you shall provide an approval letter for the modifications to the DWR 401 & Buffer Permitting Branch prior to the commencement of the modifications. [15A NCAC 02H .0506(b)(5)] 4. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification for this project. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices shall be performed so that no violations of state water quality standards, statutes, or rules occur. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of this permit. 115A NCAC 02H .0501 and .0502] 5. Protective Fencing All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed, [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 6. Sediment and Erosion Control Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices. If applicable, the project must comply with the specific conditions and requirements of the NPDES Construction Stormwater Permit issued to the site and the following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)]: a. Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erasion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. b. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. c. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. Bailey & Fuller properties, LLC DWR# 160783 Individual Certification #4083 Page s of 7 d. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. e. For SA, HQW waters. The sediment and erosion control designs must comply with the requirements set forth in 15A NCAC 04B.0124 Design Standards in Sensitive Watersheds. 7. Sediment and erosion control measures shall not be placed in wetlands or waters. Exceptions to this condition require application submittal to and written approval by the Division. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or banks, adjacent to or upstream and downstream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or locally delegated program has released the specific area within the project. [15A NCAC 02H .0501 and .0502] 8. Construction Stormwater Permit NCGO10000 An NPDES Construction Stormwater Permit is required for construction projects that disturb one (1) or more acres of land. This Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If your project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record keeping and reporting requirements is required. A copy of the general permit (NCG010000), inspection log sheets, and other information may be found at: http://Portal.ncdenr.org/web/­wa/­ws/su/npdessw#tab-w. [15A NCAC 02H .0506(b)(5) and (c)(5)] 9. If concrete is used during the construction, then all necessary measures shall betaken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall. not be discharged to waters of the state due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 0213.0200] 10. Construction Plans Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] 11. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 0213.0200 (3)(f)] Bailey & Fuller properties, LLC DWR#i 160783 Individual Certification ##4083 Page 6 of 7 12. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7306 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H.0506 (b)(3) and (c)(3), 15A NCAC 02B.0200 (3)(f), and GS 143 Article 21A] 13. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers within the project boundaries in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place at the time of recording of the property, or of individual lots, whichever is appropriate. A sample deed notification can be downloaded from the 401 &Buffer Permitting Branch website at httn:11ortal.ncdenr.oralweb/wolswp/ws/4011certsandpermitslapplY forms. The text of the sample deed notification may be modified as appropriate to suit to this project. Documentation of deed notifications shall be provided to the Division upon request. [15A NCAC 02H .0501 and .05021 14. This Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals. 15. Continuing Compliance Chris Bailey and Bailey & Fuller Properties, LLC shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification. Before modifying the Certification, the Division shall notify Chris Bailey and Bailey & Fuller Properties, LLC and the U.S. Army Corps of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to Chris Bailey and Bailey & Fuller Properties, LLC in writing, shall be provided to the U.S. Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. [15A NCAC 02B .02001 Bailey & Fuller properties, LLC DWR# 160783 Individual Certification #4083 Page 7 of 7 16. This approval is for the purpose and design described in your application and as described in the Public Notice. The plans and specifications for this Project are incorporated by reference and are an enforceable part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and .0502] 17. The applicant and/or authorized agent shall provide a completed Certificate of Completion Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion (available at: httortal.ncdenr.or web w sw ws 401 certsand ermits a I forms). [15A NCAC 02H .0502(f)] 18. This certification grants permission to the Director, or an authorized representative of the Director, upon the presentation of proper credentials, to enter the property during normal business hours. [15A NCAC 02H .0502(e)] This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H.0506] Non-compliance with or violation of the conditions herein set forth may result in revocation of this Certification and may also result in criminal and/or civil penalties. This the 121h day of January 2017 +� � a, � 1% Karen Higgins, Supervisor 401 & Buffer Permitting Branch KAH/js 4083 ae SITE, GRADING, DRAINAGE, UTILITIES, & HMRh1WATER PLAN Fm BAILEY CENTER SWANSBORO SWANSBORO,NC M - /, 111-1- /. off � z # Fill °5I ill C iii lC` E A 3 INTRACOASTAL ENGINEERING, PLLC w rlw.tiww l+ww rrMr iwt lYw MrY.� wrx, IIIl r tIl � ae SITE, GRADING, DRAINAGE, UTILITIES, & HMRh1WATER PLAN Fm BAILEY CENTER SWANSBORO SWANSBORO,NC M - /, 111-1- /. off � z # Fill °5I ill C iii lC` E A 3 INTRACOASTAL ENGINEERING, PLLC w rlw.tiww l+ww rrMr iwt lYw MrY.� wrx, Regulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON. NORTH CAROLINA 28403-1343 Action ID No.: SAW -2008-02698 Bailey & FulIer Properties, LLC. Mr. Chris Bailey 405D Western Boulevard Jacksonville, North Carolina 28412 Dear Mr. Bailey: February 16, 2017 In accordance with your written request of August 3, 2016, enclosed is a Department of the Army permit to fill approximately 1.01 acres of DA jurisdictional wetlands and 120 linear feet of jurisdictional ditches associated with a commercial development. The site is located at 810 West Corbett Avenue (Highway 24), in Swansboro, Onslow County, North Carolina. Any deviation in the authorized work will likely require modification of this permit. If a change in the authorized work is necessary, you should promptly submit revised plans to the Corps showing the proposed changes. You may not undertake the proposed changes until the Corps notifies you that your permit has been modified. Carefully read your permit. The general and special conditions are important. Your failure to comply with these conditions could result in a violation of Federal law. Certain significant conditions require that: a. You must complete construction before December 31, 2021. b. You must notify this office in advance as to when you intend to commence and complete work. c. You must allow representatives from this office to make periodic visits to your worksite as deemed necessary to assure compliance with permit plans and conditions. d. Please reference the approved jurisdictional determination (enclosed) for the subject project area. You should address all questions regarding this authorization to Mr. Brennan Dooley, Wilmington Regulatory Field Office, 69 Darlington Avenue, Wilmington, North Carolina 28403 or telephone: (910)-251-4694. -2 - Thank you in advance for completing our Customer Survey Form. This can be accomplished by visiting our website at http://corpsmapu.usace.army.mil/cm_apex/P. P= 136:4:0 and completing the survey on-line. We value your comments and appreciate your taking the time to complete a survey each time you interact with our office. Enclosures Copies Furnished (with enclosures): Chief, Source Data Unit NOAA/National Ocean Service 1315 East -west Hwy., Rm 7316 Silver Spring, MD 20910-3282 Copies Furnished with Special Conditions and plans: U. S. Fish and Wildlife Enhancement Fish and Wildlife Enhancement P. O. Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rhode National Marine Fisheries Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Todd Bowers Wetlands and Marine Regulatory Section Water Protection Division — Region IV U. S. Environmental Protection Agency 61 Forsyth St. SW Atlanta, GA 30303-8931 Sincerely, Kevin P. Landers Sr. Colonel, U. S. Army District Commander Mr. Doug Huggett Division of Coastal Management N.C. Department of Environment And Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557 Mr. Pace Wilber National Marine Fisheries Service 219 Fort Johnson Road Charleston, South Carolina 29412-9110 DEPARTMENT OF THE ARMY PERMIT Permittee: Bailey & Fuller Properties, LLC Ann: Mr. Chris Bailey Permit No: SAW -2008-02698 Issuing Office: CESA W -RG -L NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: The project is to permanently fill 1.01 acres of wetlands and 120 linear feet of jurisdictional ditches to build a commercial development that will contain a 10,000 square foot retail building, a 3,600 square foot retail building, a 3,700 square foot commercial building, and a 3,855 square foot commercial building. The project will involve the construction of parking areas, trash dumpster facilities, two access roads, drive through lanes, and two wet detention ponds. Project Location: The project area is located within the White Oak River Basin at 810 West Corbett Avenue (Hwy 24) in Swansboro, Onslow County, North Carolina. The wetlands in the project area drain to Cartwheel Brach, which drains to the White Oak River. Permit Conditions: General Conditions: I. The time limit for completing the work authorized ends on January 30, 2022. If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A)) 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at anytime deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit, Special Conditions: SEE ATTACHED SPECIAL CONDITIONS Further Information: I. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: ( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403). (X) Section 404 of the Clean Water Act (33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 336.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 309.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition I establishes a time limit for the completion of the activity authorized by this permit, Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, therps will normally give favorable consideration to a request for an extension of this time limit. Your gnatur4peldk—Urpikoittee, indicates that you accept and agree to comply with the terms and conditions of this permit. 7, /7 /1: 1 - (DATE)l 1F f This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. (DISTRICT COMMANDER') Z1Ib 7.o 17 (DATE) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE) (DATE) 'U S GOVERNMENT PRINTING OFFICE 1986 - 717425 SPECIAL CONDITIONS SAW -2008-02698 — MR. CHRIS BAILEY 1. UNAUTHORIZED DREDGE OR FILL: Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. Specifically, the permittee must avoid impacts to the remaining 1159 square feet of wetlands in the project area. 2. CONSTRUCTION PLANS: All work authorized by this permit must be performed in strict compliance with the attached plans dated 3 August, 2016 which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USAGE) prior to implementation. 3. DEVIATION FROM PERMITTED PLANS: The permittee shall ensure that the construction design plans for this project do not deviate from the permit plans attached to this authorization. Written verification shall be provided that the final construction drawings comply with the attached permit drawings prior to any active construction in waters of the United States, including wetlands. Any deviation in the construction design plans, specifically the elimination of the Stormwater Flow Control Structures, will be brought to the attention of the Corps of Engineers, Brennan Dooley, Regulatory Specialist, Wilmington Regulatory Field Office, prior to any active construction in waters or wetlands. 4. PERMIT DISTRIBUTION: The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 5. PRECONSTRUCTION MEETING: The permittee shall schedule an onsite preconstruction meeting between its representatives, the contractor's representatives, and the appropriate Corps of Engineers Project Manager prior to undertaking any work within jurisdictional waters and wetlands to ensure that there is a mutual understanding of all terms and conditions contained within the Department of the Army permit. The permittee shall notify the Corps of Engineers Project Manager a minimum of thirty (30) days in advance of the scheduled meeting in order to provide that individual with ample opportunity to schedule and participate in the required meeting. 4 6. NOTIFICATION OF CONSTRUCTION COMMENCEMENT AND COMPLETION: The permittee shall advise the Corps in writing prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 7, PROJECT COMPLETION: Upon completion of each construction phase, the permittee shall submit to the Corps as -built plans for those portions that affect waters of the U.S., within 45 days following the completion of construction. The as - built plans shall include, but not necessarily be limited to, grading, structures, and activities in or affecting wetlands and waters of the U.S. 8. WATER CONTAMINATION: All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-3300 or (800) 858- 0368 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 9. PROHIBITIONS ON CONCRETE: The permittee shall take measures to prevent live or fresh concrete, including bags of uncured concrete, from coming into contact with any water in or entering into waters of the United States. Water inside coffer dams or casings that has been in contact with concrete shall only be returned to waters of the United States when it no longer poses a threat to aquatic organisms. 10. CLEAN FILL: Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. Soils used for fill shall not be contaminated with any toxic substance in concentrations governed by Section 307 of the Clean Water Act. 11. MAINTAIN CIRCULATION AND FLOW OF WATERS: Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 12. SILT -FENCING: The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). G J 13. EROSION CONTROL MEASURES IN WETLANDS: The permittee shall remove all sediment and erosion control measures placed in wetlands or waters, and shall restore natural grades in those areas, prior to project completion. 14. PERMIT REVOCATION: The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 15. REPORTING VIOLATIONS OF THE CLEAN WATER ACT: Violation of these permit special conditions or violation of Section 404 of the Clean Water Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. 16. COMPLIANCE INSPECTION: A representative of the Corps of Engineers will periodically and randomly inspect the work for compliance with these conditions. Deviations from these procedures may result in a directive to cease work until the problem is resolved to the satisfaction of the Corps. 17. MITIGATION: 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. The permittee, prior to initiating any land -disturbing activities, shall provide 2.02 credits of mitigation via payment into the Hoffman Forest Wetland Mitigation Bank for project related impacts to 1.01 acres of non -riparian wetlands. Prior to initiating any land -disturbing activities, a copy of the updated acceptance letter and proof of payment provided by the Hoffman Forest Wetland Mitigation Bank shall be sent to the Corps of Engineers. 6 it €eR_=iSSSi�g�a irk' �g.CrR° FES a��i : �C�; ��■pR ���I&o�� iIRN 1 7 i c { ! i 1' # E���t a ° I' all i 3 ! ISITE, ' SITE, GRADING, DRAINAGE, F + UTILITIES, & STORMWATER , �.,, . PLAN 1110. t 4 i BAILEY CENTER r U SWANSBORO SWANSBORO, NC 8gi all 1 's"a 3731 8 2;5 s E v 3 •� INTRACOASTAL ENGINEERING, PLLC u 4tmwFwwt n,.nn r..aM..w,s I�.r: vlu Rw FW.= Ri ��: 4T.H•ePn,M,w.M.l."t.rr,nF �, 1 k.n� V.M4r, nswN U.S. ARMY CORPS OF ENGINEERS Wi(rriingttoin District"' Compensatory Mitigation Responsibility Transfer Form Permittee: Bailey & Fuller Properties, LLC Attn: Chris Bailey Action ID: SAW -2008-02698 Project Name: Swansboro Park County: Onslow Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/+?r Nuc ms, t he prcivjded to the appropriate rnitigation sponsors Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington .District Mitigation. -office (see- contact information on page 2). The Sponsor. must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin: 03020106, White Oak River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 1.01 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03020106, White Oak River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian River ine Riparian Non-Riverine Nan -Riparian Coastal 2.02 Mitigation Site Debited: Hoffmann Forest (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. if the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the l itlgation Sponsor Statement of Mitigation Liability Acceptance: 1; the undersigned, verify that 1 am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mltigation, identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor falls to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Nam Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Form-Ulsdated23-November,"2015-T----` U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2008-02598 County: Onslow U.S.G.S. Quad: NC-HUBERT NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Bailey and Fuller Properties LLC Chris Bailey Address: 405D Western Boulevard Jacksonville, NC 28412 Size (acres) 4.51 Nearest Town Swansboro Nearest Waterway Cartwheel Branch River Basin Onslow Bay USGS HUC 03020301 Coordinates Latitude: 34.698143 Longitude: -77.138934 Location description: The project area is located at 810 West Corbett Avenue (Hwy 24) in Swansboro, Onslow County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination _ 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). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. 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. There are wetlands on the above described property, 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). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWAr'RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination _ There are Navigable Waters of the United States within the above described property 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 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. X There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (C WA) (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. _ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. Page 1 of 2 SA%V-2008-02698 X The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and. -or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on _. 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. There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (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. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and'or 403). if you have any questions regarding this determination and --'or the Corps regulatory program, please contact Brennan Dooley at (910) 251-4694 or Brennan.J.DooleyQusace.army.mil. C. Basis For Determination: See attached Approved Jurisdictional Determination Form. D. Remarks: E. Attention USDA Program Participants This del ineationidetermination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation. --'determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. if you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional 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 S W, Room I OM 15 Atlanta, Georgia 30303-8801 SAW --2008-02698 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 33 1.5, 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 4117/17. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date: February 16._2017 Expiration Date: February 16, 2022 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:l/corpsmayu.usace.army.mil/cm apex/rp 136:4:0. Coastal Managernent ENVIHUNMEN iAL 0JAW Y February 6, 2017 Dana Lutheran Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, NC 28412 ROY COOPER Gvwmmrn MICHAEL S. REGAN BRAXTON C. DAVIS no-('cft)r SUBJECT: CD17-0002 Consistency Concurrence Regarding the proposed commercial development, Swansboro, Onslow County, North Carolina (DCM#2017008) Dear Ms. Lutheran: We received your consistency submission on January 12, 2017, concerning the proposed commercial development including associated buildings, parking, and roads in Swansboro, Onslow County, North Carolina. North Carolina's coastal zone management program consists of, but is not limited to, the Coastal Area Management Act, the State's Dredge and Fill Law, Chapter 7 of Title 15A of North Carolina's Administrative Code, and the land use plan of the County and/or local municipality in which the proposed project is located. It is the objective of the Division of Coastal Management (DCM) to manage the State's coastal resources to ensure that proposed Federal activities would be compatible with safeguarding and perpetuating the biological, social, economic, and aesthetic values of the State's coastal waters. DCM has reviewed the submitted information pursuant to the management objectives and enforceable policies of Subchapters 7H and 7M of Chapter 7 in Title 15A of the North Carolina Administrative Code and concurs that the proposed Federal activity by the U.S. Army Corps of Engineers is consistent, to the maximum extent practicable, with North Carolina's certified coastal management program. State of North Carolina I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 Prior to the initiation of the activities described, the applicant should obtain any required State approvals or authorizations. Should the proposed action be modified, a revised consistency determination could be necessary. This might take the form of either a supplemental consistency determination pursuant to 15 CFR 930.46, or a new consistency determination pursuant to 15 CFR 930.36. Likewise, if further project assessments reveal environmental effects not previously considered by the proposed development, a supplemental consistency certification may be required. If you have any questions, please contact me at 252-808-2808 x215. Thank you for your consideration of the North Carolina Coastal Management Program. Sincerel y,, Daniel Govoni Policy Analyst State of North Carolina I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 Bailey Center IP Modification Supplemental Document Appendix C Bailey Center Site Plan and Wetland Impact Map 10 (11/16/17) SE-Gi SWANSBORO OF JACKSONVILLE, LLC. o I DEED BOOK 3544, PAGE 234 LOT 5 NPARK E 139 I MAPAP BOOK 32 32, , PAG ZONED B-1 USE: VACANTEIP „ EIPP S 61°06'07' E 578.23' l z" BG Au 404 WETLANDS I w° AS DELINEATED BY OTHERS JERRY GOWER CONSTRUCTION CO / DEED BOOK 2851, PAGE 588 / \ \ \ JERRY GOWER CONSTRUCTION CO LOT 3 / \ \ DEED BOOK 2851, PAGE 588 I \\\\/ \ \ \ \ SWANSBORO PARK LOT 4 \\\\ MAP BOOK 32, PAGE 139 \ \ \ SWANSBORO PARK '�' '�' ��\�\ ZONED B-1 \ 18" FES I 7.6 MAP BOOK 32, PAGE 139 \1/2 IP @ 2" BG USE: VACANT /420.01' /lo'X12' ED ZONED B-1 USE:VACANT LEVELSPREADER\W/4'VEGETATED FILTER\\ELEV. (SEE DETAIL ON SHEET C-5)g=y°1N 86112,07, w . 94 .� �ir9'48 �O N 6i°ob'o7 " W .7-7-7-zz' W O SDMH #1 =' f w ........ ....... N \ RIM: 31.0 N � WHITNEY AVENUE PER MAP BOOK 3z, PAGE 13q � \ 9C 27.25 INV: N _ - - - 31.5 N z8°1Tz7" E I \ I1 5/8" EIS @GRADE w 9 PAULINE C. STROUD J '°` '°` 2 O CI# 8 24.72 • \ O DEED BOOK 769, PAGE 183 / 18" FES INV: 2 RIM: 310 J \ 5/8"EIS @ i' AG ZONED B-1 W W 'X10'X12' �: ' p 00 USE: VACANT M 10.5 2 5/8" EIS @ GRADE 8" EIS 3" BG \ _ Z$ INV 8.5 1-1/4" EIPP N 2�1 'z1"\ \\ ° E E NT N B IN \ C4 17. 7kG @GRADi N869426°w 404 WETLANDS .. AS DELINEATED p" EI > d , BY OTHERS \ 6" AG CHORD = N q1°15 30" W g2.gi \ I I ( BOOK 32, PAGE 5gq) 31.25 08'51" W \ EDGE OF FILL s' SID wALx a°' V a0c a0c ailic 'V a0c �N 5/8" EI W \ I \ (CH IUS= 0.00' PER MAP BOOK CHORD = N 13°4336" W 7496' \ 3 (RADI OK 32, PA PER MAP 18" FES INV• 27.5 CI 10 C3 I 31.8 32, PAGE 159) BOOK 32, PAGE 139) a8 ECM �° :':: M:3 .0 31.45 9 18" AG 9 INV: 7.6 : 28 0 \\� \ S58°1330" 1 .. AG Ak aIle AIg 3 •5 za�� \ ° Q. F EBAY s \ g' EW I -f, 27.7 3� 5 {s ,,,� PROPOSED AdL 45' ROW p 31.8 1 DOLLAR TREE U 21.5 / 31.55 x 10,086 sf T v:3 •5) \ FFE 2 31.8 31-8 ( TEQUILA PROPERTIES, LLC. : a 3 J DEED BOOK 3110, PAGE 816 ULTI- URPOS 4A6 N VERIZO D ZONED s-1 Z \ a BUILDING - - g,00 sf CI# 2 I USE: COMMERCIAL PAULINE C. STROUD CI# ' 1 2 x 6-0-U S ( ) 2 RIM: 31.0 \ / DEED BOOK 405, PAGE 146 f�`� I` (FFE• 3 C o RIM• 1.0 1.8 r° � � • 3 (FFE• 32.5) � INV: 28.4 � : ZONED B-1 aa. INV 27.25 �AM CI# : USE: COMMERCIAL N .'.'.'. 7 5 I P 31.8 I RAMP �'�� RIM: 31.0 •/% 18" FES INV: 26.5 4. �':'.':'. 15 RCS' I 31.8 31.8INV: 28.5 I °Yi. 777-1 RCP W/5 XlO'X12" ED �� 1, ` SIDEWAEK, 0111, / CI# 7 v®� ✓ III / / a '1-+ RIM: 31.0t':':':' / / / °g4 0 �C INV: 27.0 ::.:.:. SS 96� / w 3 ' o H 31.65 CI# CI# 6 I O w o a U CI# 3 \ SITE BENCHMARK TOP OF SEWER A / RIM: 3Lo RIM.31-0 RIM: 3Lo ti`s 31.41 CHORD = S 163'32" Egz.2j CLEANOUT IN SIDEWALK 10'X 70' SIGHT TRIANGLES TYP. / INV: 27.3 \ INVa 7.5 / �� INV: 28.1 1/2' EI GRADE s/8" EIP @ GRADE (RADIUS=30.00' ER MAP BOOK ELEV. 31.88' �4 rr�� TELEPHONE BOX 32, PAG 59) �l ..... / \ NCDOT CI# 2 / / UTILITY POLE ♦ •' 31.25 18" RCPRCP RIM: 30.0 0 p 1 " R P - INV: 2 �Cf C 18" RCP EX. SIDEWALK TO BE 7.75 '�'•' ':: 30.65 WATER MAIN .'.^.. r . (SEE NOTE 6) 8" EI ' ..'.wxj R d 'T$$ :','N IP.'. :' :''':'.':''''''' ''''''':. ' :':':':'.... ® /8_EIs@ z"" BG / REMOVED 51"BG ^1 SIDEWAL 4 G -rte-- � i � R/W O OHP OHP - - - Ar 00 4 111 0 - ' M C 9� W - W W w w �� ° A 1 °RCP ±12 L, EX. STOP SIG 1 1 1 L 314 _ e�4 EX. STREET SIGN TIE TO EX. 6" SS FORCE MAIN TRAFFIC CI# 4 MATCH EX. ASPHALT ±31.26 TRAFFIC LIGHT POST LIGHT ARM RIM: 31.0 MATCH EX. 4 / �O BE RELOCATED - - -Bl� - - MATCH EX. ASPHALT ±31.0 N 13°21'°7" E w ZN�27.7 PHALT 131.13 a 51.30' O / ,xr Cn a O NCDOT CI# 1 } EP RIM: 30.73 � N.C. HIGHWAY NO. 24 ADA SIDEWALK RAMP r INV: 29.05 I loo' RAW (TYP) PROPERTY LLTIT- PROPOSED GRA PROPOSED 2.5:1 SLOPE MAX EXISTING GRADE STOP \\\ _ - TRAFFIC LIGHT POST -0+50 0+00 0+50 WETLANDS CROSSING SECTION A -A HORIZONTAL -1" = 50' VERTICAL - 1" = 5' o SPEED LIMIT 45 MPH z_ I SITE BENCHMARK TOP OF FLANGER/W i' BOLT CLOSEST TO "M" IN MUELLER ELEV. 33.82' EDGE OF PAvmvjL " PROPOSED GRA PROPOSED 3:1 SLOPE EXISTING GRADE -0+50 0+00 0+50 WETLANDS CROSSING SECTION B -B HORIZONTAL - 1" = 50' VERTICAL - 1" = 5' PROP. 18" RCP PROPERTY I TwTT PROPOSED GRAS PROPOSED 3:1 SLOPE EXISTING GRADE -6+50 0+00 0+50 WETLANDS CROSSING SECTION C -C HORIZONTAL -1" = 50' VERTICAL - 1" = 5' SITE DATA: - PROPERTY ADDRESS: - 810 W CORBETT AVE (NC HWY 24) -EASEMENT SWANSBORO, NC 28584 w CURRENT OWNER: PROJECT NUMBER: BAILEY & FULLER PROPERTIES, LLC PROPOSED FORCE MAIN P.O. BOX 400 JACKSONVILLE, NC 28451 W ONSLOW COUNTY PINS: EXISTING WATER MAIN 535520901325, 535520903228, & PART OF 535520902562 TOTAL TRACT AREA: f 2.64 AC. (114,900.11 SF) CURRENT ZONING: B-1 TP SETBACKS: FRONT REQ'D= 25' PROP= 77' REAR REQ'D= 1o' PROP= 74' SIDE REQ'D= o'L/o'R PROP= 68'L/7.4'R EXISTING LAND USE: PROPOSED FIRE HYDRANT VACANT PROPOSED LAND USE: RETAIL/MULTI-PURPOSE • STORM DRAIN MANHOLE ONSITE IMPERVIOUS SURFACES: BUILDINGS= 20,286 SF PAVED PARKING= 49,877 SF CONCRETE SIDEWALKS= 7,000 SF TOTAL ONSITE IMPERVIOUS= 77,163 SF (67.2%) OFFSITE IMPERVIOUS SURFACES: WETLANDS TO BE FILLED ACCESS DRIVE = 7,611 SF ONSITE WETLANDS BREAKDOWN: TOTAL ONSITE WETLANDS= 33,794 SF TOTAL WETLANDS TO FILL= 30,002 SF SURVEY NOTES: 1. THE PROPERTY SHOWN HEREON IS NOT LOCATED WITHIN A SPECIAL loo YEAR FLOOD HAZARD AREA ACCORDING TO FLOOD INSURANCE RATE MAP NO. 37205355ooJ DATED NOV. 3, 2005. 2. ALL N.C. GRID DATA SHOWN HEREON IS BASED ON NAD 1983 2007 ADJUSTMENT USING THE NCGS RTK NETWORK SYSTEM. 3. ALL DISTANCES SHOWN HEREON ARE N.C. GRID DISTANCES UNLESS OTHERWISE NOTED. 4. ALL UTILITY LINES SHOWN HEREON MAY HAVE EASEMENTS AND RIGHTS OF ENTRANCE AND MAINTENANCE ASSOCIATED WITH THEM. 5. ALL ELEVATIONS SHOWN HEREON ARE BASED ON MEAN SEA LEVEL (NAVD 1988 ) 6. UNDERGROUND UTILITY LINES AND FORCE MAIN TAKEN FROM 2oo8 MARKINGS BY OTHERS. LEGEND - - - - PROPERTY LINE - DATE: -EASEMENT w w PROPOSED WATERLINE PROJECT NUMBER: 2015-039 PROPOSED FORCE MAIN PROPOSED STORMDRAIN W W EXISTING WATER MAIN FM FM EXISTING FORCE MAIN TP TP PROPOSED TREE PROTECTION EXISTING FIRE HYDRANT N PROPOSED GATE VALVE PROPOSED FIRE HYDRANT ■ CURBINLET • STORM DRAIN MANHOLE 25.5 SPOT ELEVATION REQUIRED LANDSCAPING WETLANDS WETLANDS TO BE FILLED TOWN OF SWANSBORO REQ'D PARKWAY 40' 20' O' 40' 8o' Scale: 1"=40' VICINITY MAP (NOT TO SCALE): �Clz SiteAllb it) I ST EXT. o U O • b�A 1; 0000 v N M eta O C� I O� UCZ Z W oo�� W W d CLIENT INFORMATION: BAILEY & FULLER PROPERTIES, LLC P.O. BOX 400 JACKSONVILLE, NC 28451 (910) 346-8443 DRAWN: JAE SHEET SIZE: 24X36 CHECKED: CDC DATE: 11/14/2017 APPROVED: CDC SCALE: 1" = 40' PROJECT NUMBER: 2015-039 DRAWING NUMBER: EX -1 1 OF I