HomeMy WebLinkAbout20081260 Ver 1_401 Application_20080808.?1
LMG
LAND MANAGEMENT GROUP INC.
Environmental Consultants
TO: Ms. Kim Garvey
U. S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402
la
August 15, 2008
°'rryS v E {
L=? In
141,
AiJG 9 2008
RE: Nationwide Permit 18 & 3 Application
Market Street Commerce Center; New Hanover County, NC
Dear Kim:
)P6 - M Ad ER 1 1 AL!TY
Enclosed is a NWP 18/3 application for your review. This application is submitted on
behalf of Market Street Commerce Center LLC for the Market Street Commerce Center, a
commercial subdivision located off of Market Street in Wilmington, NC. The applicant is
proposing to construct 17 commercial lots within this development. A channel designated as a
stream spans the entire width of this property and some stream impacts are unavoidable. Impacts
are limited to one road crossing, a temporary water line installation, installation of rip rap in two
locations to meet New Hanover County stormwater requirements, and the rerouting of an
existing culvert. Total impacts are to 246 LF of stream. Please note that this feature is considered
a tributary by the Corps, but is severely degraded. To mitigate for these impacts, the applicant
proposes to create 0.08 acre of wetlands on-site and enhance the existing channel.
The Pre-Construction Notification form, associated maps, site plan, and mitigation plan
are enclosed for your review. Please contact me if you have any questions. Thank you for your
assistance with this project.
Sincerely,
Kim Williams
Wetland Scientist
Encl.
C: Mr. Earl Worsley, Market Street Commerce Center LLC
Mr. Brad Sedgwick
Mr. Chad Coburn, DWQ
Mr. Ian McMillan, DWQ
www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402
f
08-1280
Office Use Only' Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not appiicabte to tnis project, please enter ivot Appticaoie or 1,4/,-. .)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 18; NWP 3
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check heergFe: ?/// 1
II. Applicant Information ??
1. Owner/Applicant Information L .,
Name: Market Street Commerce Center, LLC AUir 1 a 20OR
Mailing Address: c/o Mr. Earl Worsley
-JENK-VVA1FR Q Qtffr
PO Box 490 !?d1??LL?',S AND STORM!;YATE R MINCH
Wrightsville Beach NC 28480
Telephone Number: (910) 256-0044 Fax Number: (910) 256-0488
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Kim Williams
Company Affiliation: Land Management Group, Inc.
Mailing Address: PO Box 2522
Wilmington NC 28402
Telephone Number: (910)452-0001 Fax Number: (910)452-0060
E-mail Address: kwilliams cr lmn,roup.net
Updated 11/1/2005
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Market Street Commerce Center
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): R05006-002-013-000
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): Not Applicable
Directions to site (include road numbers/names, landmarks, etc.): From the Wilmington
USACE office go north on Market Street. Site will be on left, just passed Judges Road.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 34.2530 ON 77.8545 °W
6. Property size (acres): 12
7. Name of nearest receiving body of water: Spring Branch
8. River Basin: Cape Fear 03030005
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is currently undeveloped and forested. Surrounding
land use consists of commercial and residential development.
10. Describe the overall project in detail, including the type of equipment to be used: The
project consists of the development of a commercial subdivision with seventeen lots. Silt
fences will be used to reduce erosion into adjacent wetlands. The stormwater pond will be
Updated 11/1/2005
Page 6 of 12
excavated and a track hoe and bulldozer will be used to truck in and level spoil material. The
road will be constructed and utilities will be installed. Individual lots will be sold for
commercial development
11. Explain the purpose of the proposed work: The pup2ose of the proposed work is to provide
access and utilities to uplands located throughout the site and to meet the County's
stormwater requirements
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. Ms Kim Garvey of the USACE issued a Notification of Jurisdictional
Determination and signed a wetland survey on 7/1/2008 (Action ID# SAW-2007-852).
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future permit requests are anticipated
VI. Proposed Impacts' to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The proposed impacts would be to 246
If of a ditch classified as an intermittent stream. 6 LF of this impact is temporary for the
installation of a water line and 108 LF of the impact is rerouting an existing culvert.
Updated 11/1/2005
Page 7 of 12
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
car?aratAN7 lict imnnntc rlnP to tenth ctrnctllre and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
N/A
Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: 267 sf
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
mint he included. To calculate acreage. multi-oly length X width, then divide by 43,560.
Stream Impact Perennial or Average Impact Area of
Number Stream Name Type of Impact Intermittent? Stream Width Length Impact
(indicate on map) Before Impact (linear feet) (acres)
1 UT to Fill/Culvert for intermittent 10 76 0.017
Spring Branch road crossing
2 UT to Installation of intermittent 10 6 0.001
Spring Branch Utilities (temp)
3 UT to Installation of
intermittent
10
21
0.005
Spring Branch Rip Rap
4 UT to Installation of
intermittent
10
35
0.008
Spring Branch Rip Rap
5 UT to Reroute Existing intermittent 10 108 0.027
Spring Branch Culvert
Total Stream Impact (by length and acreage) 246 0.058
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill- excavation- dredging- flooding- drainage. bulkheads. etc.
Open Water Impact
Site Number
(indicate on map) Name Waterbody
ppli
(if applicable) )
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
N/A
Total Open Water Impact (acres)
Updated 11/1/2005
Page 8 of 12
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): .058
Wetland Impact (acres): N/A
Open Water Impact (acres): N/A
Total Impact to Waters of the U.S. (acres) .058
Total Stream Impact (linear feet): 246
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ® uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Excavation
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Stormwater
Current land use in the vicinity of the pond: Undeveloped
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The applicant has attempted to
minimize impacts within the site as much as possible. He has a history of developing
environmentally responsible projects and his developments have won several environmental
stewardship awards. A channel designated as a stream spans the entire width of his property and
some stream impacts are unavoidable. Impacts are limited to an unavoidable road crossing, a
temporary water line installation installation of rip rap in two locations to meet New Hanover
County stormwater requirements and the rerouting of an existing culvert. The width of the road
crossing is dictated by County and State requirements. Total stream impacts are to 246 LF.
Please note that this feature is considered a tributary by the Corps, but is severely degraded.
Based on the SCS soil survey, it appears to have been relocated several decades ago. The channel
contains a great deal of trash (see pictures) and carries little water except for stormwater. As this
channel leaves the property, it is culverted for several hundred feet before joining Spring Branch.
Updated 11/1/2005
Page 9 of 12
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/stn-ngide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
To mitigate for these impacts the applicant proposes to create wetlands on site and tie it into
the stream system. In addition he will enhance the stream by removing trash from it and
planting native species along its banks. Finally, he will preserve the remaining stream
channel and wetlands within the site. Please see the attached mitigation plan.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
(919) 715-0476 to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.btm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Updated 11/1/2005
Page 10 of 12
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3 (2 for Catawba)
2 1.5
Total
* Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
Updated 11/1/2005
Page 11 of 12
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. There is no existing impervious cover on site.
Total proposed impervious cover will be 64.35%. A Stormwater Management Plan for the
project has been submitted to DWQ
XIL Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The applicant proposes to tie into the existing County sewer system.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No N
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://l12o.enr.state.nc.us/newetlands. If no, please provide a short narrative description: Project
will not provide connections or utilities to surrounding tracts. Remaining wetlands and stream
will be preserved
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
pplicant/Agent's Signature ate
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 12 of 12
AG' NT AUTi-10RIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Land Management Group, Inc, to act as our agent in the
preparation and. representation of information related to the permit application for the
eti??: k ea S? ; Caw h?ce Czri? site. All questions in regards to this project should be directed
to Land Management Group, Inc.
Sincerely, L -t
L'JJ'-
PkP, vJ rs k'l. ? l
Print Name
I.Date
'Boundaries are approximate and are
not meant to be absolute.
SITE
Map Source: North Carolina Atlas & Gazetteer. Pg 78.2003
SCALE 1" = 1 Mile
Market Street Commerce Center
Mr. Earl Worsley A'?LMG Figure 1
zzmq? LAND MANAGEMENT GROUP mc.
New Hanover County, NC Environmental consultants Vicinity Map
40-07-577P August 2008
Map Source: Wrightsville Beach & Scotts Hill Quadrangle 7.5 minute (topographic) 1978.
SCALE 1" = 2000'
Market Street Commerce Center
Mr. Earl Worsley LMG Figure 2
LAND MANAGEMENT GROUP we
New Hanover County, NC Environmental Consultants USGS Topgraphic Map
40-07-577P August 2008
Toundaries are approximate and are F
not meant to be absolute.
WO
0000
'K?(wt ac qr 7• ?rE i I?ir?l lrr 4ie` 3 r,i Sl _.
rwi nieaw to be ?t),;oii tE
Map Source: NRCS Soil Survey. SCALE 1" - 300'
Market Street Commerce Center
Mr. Earl Worsley LMG Figure 3
LAND MANAGEMENT GROUP IN' Map
Newt anover County, NC Environmental Consufronts Soils
40-07-577P August 2008
*Boundaries are approximate and are
not meant to he ahsnlute
Map Source:2004 NAPP aerial photography
SCALE 1" = 300'
Market Street Commerce Center LMG Figure 4
Mr. Earl Worsley
LAND M^N"GEME"TGROUP Aerial Photograph
New Hanover County, NC Environmental Consultants
40-07-577P August 2008
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2007-852 County: New Hanover U.S.G.S. Quad: Scotts Hill
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Market Street Commerce Center, LLC
Address: c/o Earl Worsley
PO Box 490
WriZhtsville Beach, NC 28480
(910) 256-0044
Agent: Christian Preziosi
Address: LMG, Inc.
PO Box 2522
Wilmington, NC 28402
Telephone No.: (910) 452-0001
Property description:
Size (acres) 12.59 Nearest Town Wilmington
Nearest Waterway UT to Spring Branch River Basin Cape Fear
USGS HUC 03030005 Coordinates N 34.2530 W 77.8545
Location description The parcel is located at 6009 Market Street, Wilmington, New Hanover County, North
Carolina. Parcel # R05006-002-013-000.
Indicate Which of the Following Apply:
A. Preliminary Determination
_ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
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 and Section 404 of the Clean Water Act. 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.
X There arc waters of the U.S. including wetlands on the above described property 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.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
_ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA 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.
X 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 July 1, 2008. 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.
Page 1 of 2
Action ID: SAW-2007-852
There are no waters of the U.S., to include wetlands, present on the above described property 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.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(LAMA). You should contact the Division of Coastal Management in Wilmington, NC, at (910) 395-3900 to determine
their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Ms. Kimberly Garvey, Regulatory Specialist at (910)
251-4482 or kmberly.l.garveyC&usace.army.mil.
C. Basis For Determination
The site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and a water body with an
ordinary high water mark. This determination is based on information submitted by Land Management Group, Inc.
D. Remarks
E. 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:
District Engineer, Wilmington Regulatory Division
Attn: Kimberly Garvey, Project Manager,
Wilmington Regulatory Field Office
PO Box 1890
Wilmington, North Carolina 28403
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 District Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be rived at theA`oZe address by September 1, 2008.
**It is not necessary to surm?tA
correspondence.**
do not object to the determination in this
Corps Regulatory
Date Julv 1, 2008
Date July 1, 2013
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 the attached customer Satisfaction Survey or visit
http:;`/www.saw.Lisace.annv.mil/WETLANDS/lindex.html to complete the survey online.
Copy furnished:
Chad Coburn, NCDENR-DWQ, 127 Cardinal Drive, Wilmington, NC 28405
Page 2 of 2
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A U G 19
Market Street Commerce Center
Mitigation Plan
Wilmington
New Hanover County, North Carolina
Prepared by:
Land Management Group, Inc.
Wilmington, NC
Prepared for:
Mr. Earl Worsley
Market Commerce Center LLC
Wilmington, NC
August 2008
Table of Contents
List of Tables, Figures, and Appendices ................................................................................. ii
1.0 Introduction .............................................................................................................................3
2.0 Site Description .......................................................................................................................3
2.1 Wetlands and Streams ........................................................................................................3
2.2 Soils ....................................................................................................................................3
2.3 Vegetation ..........................................................................................................................4
3.0 Mitigation ................................................................................................................................4
3.1 Wetland Creation ...............................................................................................................4
3.2 Stream Enhancement ..........................................................................................................4
3.3 Wetland Preservation .........................................................................................................4
4.0 Monitoring ...............................................................................................................................5
5.0 Implementation Schedule .......................................................................................................5
6.0 Summary ..................................................................................................................................5
Appendix A. Site photographs
i
List of Tables, Figures, and Appendices
Table 1. List of tree and shrub species to be planted within created wetlands .........................6
Vicinity map ................................................................:............................................................
Topographic map ......................................................................................................................8
Soils map ..................................................................................................................................9
Site plan showing proposed wetland impacts and mitigation ................................................10
Proposed wetland creation area .............................................................................................. I l
11
1.0 Introduction
In order to mitigate for 246 linear feet of stream impacts associated with the Market Street Commerce
Center project in New Hanover County, North Carolina, the applicant agrees to create wetlands and enhance an
existing stream on site. This tract is approximately twelve acres in size and is located off of Market Street in
Wilmington, NC (Figures 1 & 2). The applicant proposes to create wetlands by excavating a designated upland
area that is 0.08 acre in size. A variety of shrubs and trees that are native to the region will be planted in these
areas. In addition, 296 linear feet of stream will be enhanced by removing trash and planting native vegetation
along its banks.
2.0 Site Description
2.1 Wetlands and Streams
Staff of Land Management Group, Inc. delineated the 404 wetlands within the site. Ms. Kim Garvey of
the U.S. Army Corps of Engineers approved the line and signed the wetland survey on July 1, 2008. The site
contains 542 linear feet of stream and one small wetland pocket. Please note that a wetland survey for this site
that expired in 2007 showed another small wetland pocket on site. During the renewal process of the survey,
this area was found to no longer meet wetland criteria. However this pocket is still a low spot on the property
and will be incorporated into the wetland creation area.
The on-site stream appears to be a relocated channel of Spring Branch. The SCS soils map shows that
the channel used to be located southeast of its existing location (Figure 3). This feature is considered a tributary
by the Corps, but is severely degraded. The channel contains a great deal of trash (see Appendix A) and carries
little water except for stormwater. As this channel leaves the property to the southwest, it is culverted for
several hundred feet before reappearing.
2.2 Soils
Soils within the site are classified as Murville mucky fine sand, Seagate fine sand, and Kureb sand by
the SCS soils survey for Brunswick County. In addition, this survey identifies an area in the northern part of
the site as a borrow pit (Bp). This area is not currently used as a borrow pit and is at normal elevations.
2.3 Vegetation
The northern half of the site consists of uplands that support a mixture of longleaf pine (Pinus
palustris) and loblolly pine (P. taeda). The southern part of the property supports a thick assemblage of
sweetgum (Liquidambar styraciflua), red maple (Ater r ubrum), and wax myrtle (Morella cerifera). The banks
of the stream support Chinese privet (Ligustrum sinense) and several varieties of ferns. The small wetland
pocket located within the tract contains Chinese privet, wax myrtle, soft rush (Juncus effusus), and Japanese
honeysuckle (Lonicera japonica).
3.0 Mitigation
3.1 Wetland Creation
A total of 0.08 acre of existing uplands will be converted to wetlands. According to topographic
information gathered from the site (Figure 5), part of the wetland creation area is at a significantly lower
elevation. This area was shown as wetlands on a previous wetland survey that expired in 2007. The remaining
area will be excavated to match this elevation and will tie into the existing stream channel. Organic material
will be added to the excavated area in any places where there is not enough organic material to provide suitable
substrate for wetland vegetation. Native shrub and tree species (Table 1) will be planted in the creation areas at
an eight-foot spacing (a total of approximately 200 plants). In addition to the planted material, it is anticipated
that vegetation from surrounding areas will volunteer into the area.
3.2 Stream Enhancement
Approximately 296 linear feet of stream will be enhanced by removing trash from the channel and by
planting native vegetation along the stream banks.
3.3 Wetland Preservation
Approximately 0.085 acre of both created and existing wetlands and 296 linear feet of stream will be
preserved through proper legal covenants, which will ensure that the wetlands and stream will remain in their
natural state in perpetuity.
4.0 Wetland Monitoring
A general site analysis will occur immediately after mitigation activities have been completed and will
consist of taking photographs of the created wetlands and enhanced stream to evaluate initial success. A small
narrative will be written that summarizes mitigation activities and will be submitted to the Corps office. From
then on, monitoring will occur annually for five years or until the site is deemed successful. During each
monitoring event, the vegetation within the created wetlands will be counted and identified. Success criteria
will be the survival of at least 70% of the planted vegetation including acceptable volunteer species. A
monitoring report that summarizes these results and includes photographs of the mitigation site will be
submitted to the Corps. Because of the small size of the wetland mitigation area, hydrological monitoring will
not occur. However, the survivorship of wetland plants within the area will provide a good indication of
hydrology.
5.0 Implementation Schedule
Wetland and stream mitigation will commence as soon as all necessary permits have been obtained,
with wetland vegetation planting occurring during the first winter season.
6.0 Summary
In order to mitigate for 246 linear feet of stream impacts associated with the Market Street Commerce
Center in Wilmington, NC, the applicant agrees to create 0.08 acre of wetlands on-site, enhance 296 linear feet
of stream, and preserve remaining wetlands and stream channel on site.
The creation area is adjoined by wetlands on either side which will help to facilitate wetland creation
success. In addition, native wetland vegetation will be planted. These actions will compensate for wetland
impacts within the tract and fulfill the requirements of the U.S. Army Corps of Engineers.
5
Table 1. Tree and shrub species to be planted within the wetland mitigation area at the Market Street
Commerce Center site. Species to be planted are based on nursery availability.
Common Name Scientific Name
Pond Pine Pinus serotina
Wax myrtle Morella cerifera
Inkberry flex glabra
Fetterbush Lyonia lucidia
it
*Boundaries are approximate and areSITE
not meant to be absolute.
Map Source: North Carolina Atlas & Gazetteer. Pg 78.2003
Market Street Commerce Center LMG
Mr. Earl Worsley LAND MANAGEMENT GROUP iNc
New Hanover County, NC Environmental Consultants
40-07-577P %; -- -Iust '7`18
SCALE 1" = 1 Mile
Figure 1
Vicinity Map
*Boundaries are approximate and are
not meant to be absolute.
Map Source:2004 NAPP aerial photography
Market Street Commerce Center
Mr. Earl Worsley
New Hanover County, NC
40-07-577P
LMG
LAND MANAGEMENT GROUP inc.
Environmental Consultants
August 2008
SCALE 1 300'
Figure 4
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Appendix A. Site photographs
1 Looking east at stream from property line near Judges Road.
• Stream contains trash and banks are heavily vegetated with Chinese privet.
Market Street Commerce Center
Mr. Earl Worsley
New Hanover County, NC
40-07-577P
LMG
LAND MANAGEMENT GROUP wc.
Environmental Consultants
August 2008
Photographs of Site
i Looking west towards Judges Road. Stream is culverted.
Market Street Commerce Center
Mr. Earl Worsley
New Hanover County, NC
40-07-577P
LMG
LAND MANAGEMENT GROUP wc.
Environmental Consultants
August 2008
Photographs of Site
1 View of stream near eastern property boundary.
1 Tire in stream located near eastern property boundary. No water observed.
I View of bottom of stream near eastern property boundary.
Market Street Commerce Center
Mr. Earl Worsley
New Hanover County, NC
40-07-577P
LMG
LAND MANAGEMENT GROUP iw
Environmental Consultants
August 2008
Photographs of Site
1 Culvert near eastern property boundary is buried and not functioning.
North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
Date: } ?( o? Project: Latitude: a '3 S3
Evaluator: Cris Site: Longitude: =s S?
Total Points: II Other f
Stream is at least intermittent t . County: P(i e.g. Quad Name:`" T'
if >_ 19 or perennial if >_ 30
A. Geomorphology (Subtotal = S ) Absent Weak Moderate Strong
1 a. Continuous bed and bank 0 1 2 3
2. Sinuosity 0 , 2 3
3. In-channel structure: riffle-pool sequence 0 1 2 3
4. Soil texture or stream substrate sorting 0 1 2 3
5. Active/relic floodplain DO— 1 2 3
6. Depositional bars or benches 1 2 3
7. Braided channel 0 1 2 3
8. Recent alluvial deposits 0 1 . 2 3
9 a Natural levees 0 1 2 3
10. Headcuts 60) 1 2 3
11. Grade controls 0 0.5 1 1.5
12. Natural valley or drainageway 0 0.5 1 1.5
13. Second or greater order channel on existing
USGS or NRCS map or other documented
evidence.
(:No= 0
Yes = 3
Man-made ditches are not rated; see discussions in manual
R Hvrtrnlnnv /Ci ihtntal . G.`5 1
14. Groundwater flow/discharge 0 1 2 3
15. Water in channel and > 48 hrs since rain, or
Water in channel - d or growing season 1 2 3
16. Leaflitter 1.5 1 0.5 0
17. Sediment on plants or debris 0 0.5 1 1.5
18. Organic debris lines or piles (Wrack lines) 0 0.5 1 1.5
19. Hydric soils (redoximorphic features) present? No = 0 es = 1.5 1
C_ Rininnv (Ruhtntnl = 4";- )
20b. Fibrous roots in channel 3 2 1 0
21 b. Rooted plants in channel 3 2 1 0
22. Crayfish 0' 0.5 1 1.5
23. Bivalves 1 2 3
24. Fish 0 0.5 1 1.5
25. Amphibians 0.5 1 1.5
26. Macrobenthos (note diversity and abundance) 0.5 1 1.5
27. Filamentous algae; periphyton 0 1 2 3
28. Iron oxidizing bacteria/fungus. 0 0.5 1 1.5
29 b. Wetland plants in streambed FAC 0.5 FACW = 0.75; OBL = 1.5 SAV = 2.0; Other = 0
Items 20 and 21 focus on the presence of upland plants, Item 29 focuses on the presence of aquatic or wetland plants.
Sketch:
Notes: (use back side of this form for additional notes.)