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20171606 Ver 1_401 Application_20171213
VWETLANDS S&WATERS US Army Corps of Engineers Wilmington Regulatory Field Office Mr. Brennan Dooley 69 Darlington Avenue Wilmington, NC 28403 RE: The Avenue — NWP 29 Verification Wilmington, North Carolina Mr. Dooley and Ms. Higgins, D f ,`� 2017 71 .1i r,I NC-Division@,IJI� 401 & Buffer Permitting Unit Ms. Karen Higgins 1617 Mail Service Center Raleigh, NC 27699 mber 7, 2017 $ PAIL) 20171606 Attached please find a Pre -Construction Notification for a Nationwide Permit 29 verification requesting authorization to permanently impact 0.47 acres of jurisdictional wetlands and 145 linear feet of streams for construction of the proposed multi -use development referred to as The Avenue. We are also requesting a 401 WQC from NC DWR for the above referenced impacts. The project is located at 349 Military Cutoff Road in Wilmington, NC, and consists of approximately 44.5 total acres, with over 9.5 acres of jurisdictional wetlands present on site. The project is located in the White Oak River basin and drains to Howe Creek. Proiect Purpose The purpose of the proposed project is to construct a high density, multi -use development that addresses the growing needs for housing, retail and office space for this region. The proposed project consists of the construction of 13 buildings and associated infrastructure, including appurtenant parking, roads, utilities and stormwater management facilities. Project History Wetlands onsite were delineated by Wetlands & Waters (formerly Huysman & Bandy, Inc.) and approved in the field by John Policarpo with the Army Corps. A formal Jurisdictional Determination has not been issued. Proiect Need The wetland impacts are necessary for the primary ingress/egress route to the site from Military Cutoff Road, as well as for the construction of Buildings 3 and 7, along with corresponding parking facility (as shown on the overall site plan). A small amount of impacts consisting of 0.03 acres of wetlands and 70 linear feet of stream are also necessary in order to provide an internal connection to the existing Westwood Drive East, located directly north of the site. This connection is required in order to satisfy a local zoning mandate. Another 75 linear feet of stream impacts is necessary for construction of the northern -most ingress/egress to the site. DOT requirements dictate that this driveway be located within a specific range of locations in order meet line of site requirements. Wetland impacts necessary for completion of the proposed project total 0.47 acres, and stream impacts total 145 linear feet. All other jurisdictional features on site, totaling over 9 acres of wetlands and open water, have been avoided. CHRISTOPHER HUYSMAN WETLANDS & WATERS, INC. TAMP BANDY 1 70 DEW DROP ROAD 41 CB LB PROPST DRIVE SPARTA, NC 2B675 CONOVER, NC 2B613 336.406.0906 B2B.302.3437 CHRIS. H UYSMAN@GMAIL.COM JTAMPBANDY@GMAIL.COM Avoidance and Minimization Prior to initial site design, a detailed wetland delineation was requested by the applicant in order to minimize impacts to jurisdictional wetlands and waters to the maximum extent practicable. The site was carefully designed to minimize impacts to jurisdictional features wherever possible. It was originally contemplated to avoid impacts to the top of Wetland Impact 1 that are necessary for Building 3. However, by impacting the wetlands below in order to provide access to the rest of the site, it would effectively sever this area from the remainder of the wetlands complex. Given that this area would have been surrounded by impervious surface, it would be subject to local stormwater requirements that would direct all rainfall and runoff away from this wetland. Therefore, a small isolated pocket of wetlands would remain, hydrologically separated and functionally impaired. It was therefore determined that the functional value of this wetland area would be better served as part of a complete, ecologically important wetland system through a Division of Mitigation Services mitigation project. Mitigation The applicant is proposing to mitigate for the 0.47 acres of permanent impacts through purchase of mitigation credits from the NC Division of Mitigation Services at a 2:1 ratio. Attached with this request is a copy of an acceptance letter from NC DMS documenting the availability of the necessary credits for the completion of this project. Please do not hesitate to call if you have any questions or require further information to process this request. Best regards, Perry Isner 704.773.4239 CHRISTOPHER HUYSMAN WETLANDS & WATERS, INC. TAMP BANDY 1 70 DEW DROP ROAD 41 OS LS PROPST DRIVE SPARTA, INC 28675 CONOVER, NC 2861 3 336.406.0906 828.302.3437 CHRIS.HUYSMAN@GMAIL.COM JTAMPBANDY@GMAIL.COM `ob&a F wa rG Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ❑x Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑x Yes No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑x 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: El Yes No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑x Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ❑X Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑ No 2. Project Information 2a. Name of project: The Avenue 2b. County: New Hanover 2c. Nearest municipality / town: Wilmington 2d. Subdivision name: The Avenue 2e. NCDOT only, T.I.P. or state project no: n/a 3. Owner Information 3a. Name(s) on Recorded Deed: (see attached sheets for owner info) 3b. Deed Book and Page No. (see attached sheets for owner info) 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agentx❑ Other, specify: (under contract to purchase) 4b. Name: 4c. Business name (if applicable): The Carroll Companies 4d. Street address: 201 N. Elm Street Suite 201 4e. City, state, zip: Greensboro, NC 27401 4f. Telephone no.: 336.814.3260 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Perry Isner 5b. Business name (if applicable): Wetlands & Waters, Inc. 5c. Street address: 2712 Minden Road 5d. City, state, zip: Pleasant Garden, NC 27313 5e. Telephone no.: 704.773.4239 5f. Fax no.: 5g. Email address: perry.isner@gmail.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): ( see attached sheets for owner info) 1 b. Site coordinates (in decimal degrees): ILatitude: 34.25232 Longitude: -77.82438 1 c. Property size: 44.5 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Howe Creek 2b. Water Quality Classification of nearest receiving water: SA; ORW 2c. River basin: j White Oak 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site consists of a mobile home park, existing light industrial development, and a large jurisdictional pond. A smaller pond was determined to be non -jurisdictional. 3b. List the total estimated acreage of all existing wetlands on the property: 9.5 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3d. Explain the purpose of the proposed project: The purposed of the proposed project is to construct a mixed-use development that will provide multi -family housing opportunities combined with commercial and retail shopping. 3e. Describe the overall project in detail, including the type of equipment to be used: Standard earth -moving equipment will be used, including but not limited to bulldozer, excavator, dumptrucks, etc. Site will be constructed under an approved sediment and erosion control plan. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / roject includin all rior hases in the ast? ❑ Yesx❑ No ❑ Unknown Comments: Site visit conducted with John Policarpo 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Chris Huysman Agency/Consultant Company: wetlands & waters, Inc. Other: Huysman & Bandy, Inc. 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes x❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes x❑ No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): X❑ Wetlands ❑x Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Bottomland Hardwood Forest Yes Corps 0.44 W2 P Fill Bottomland Hardwood Forest Yes Corps 0.03 W3 Choose one Choose one Yes/No W4 Choose one Choose one Yes/No W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.47 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Culvert UT to Howe Creek PER Corps 4 70 S2 Choose one S3 Choose one S4 Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 70 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose 02 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require miti ation, then vou MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet 131 Yes/No 62 Yes/No 63 Yes/No 134 Yes/No 135 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts have been minimized to the maximum extent practicable, with permanent impacts proposed to one small finger of the wetlands present on site, totaling less than half an acre. Over 9 acres of jurisdictional wetlands will be left un -impacted, including the large jurisdictional pond. See attached narrative for further discussion. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Site will be constructed under an approved sediment and erosion control plan. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑x Yes ❑ No 2b. If yes, mitigation is required by (check all that apply):x❑ DWQ ❑Q Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes x No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes x❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 2b. Does this project require a Stormwater Management Plan? ❑ Yes x❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: Project includes use of permeable pavers throughout, which has been coordinated and approved through the local stormwater review by the City of Wilmington. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? Wilmington 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Wilmington ❑x Phase II 3b. Which of the following locally-implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state-implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes No use of public (federal/state) land? 1 b. If you answered 'yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes No or Riparian Buffer Rules (15A NCAC 2B.0200)? 2b. Is this an after -the -fact permit application? ❑Yes No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in El Yes Q No additional development, which could impact nearby downstream water quality? 3b. If you answered `yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. 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. Project includes construction of on site sanitary sewer. No impacts to regulated features are associated with sanitary sewer construction. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A query of the NC Natural Heritage Program. No known occurrences of federally listed threatened or endangered species within one mile radius of project area. Report is included with this request. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes x❑ No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NC SHPO ArcGIS 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?x❑ Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: No impacts are planned within the FEMA 100-year floodplain. 8c. What source(s) did you use to make the floodplain determination? FEMA's National Flood Hazard Layer (Official) Brian Slevar, AIA 12/06/2017 nt's Sig ture Date Applicant/Agent's Printed Name pplica�hc (Agent's signaturs valid only if an au orization Icttor from applicant is rovido . Page 10 of 10 GRAPHIC SCALE/11 L to \ i \ 1 �*^iwn uw po, M scar) A i'Ip CVfRMK w R213 -' 20Stream Impact 1 �\%-�✓ L i/' linear feet / \ IN I t I � I;_ - 4-10P Wetland Impact 2 \ �-I\ \ l — ;!� I I I �,+,` \ 0.03 acres qpf.. wvurq ouuoE i i �� � , ✓: � .' �\+ate\ [�— _ � I ILMIDIONOT 41 r7 I I I I I „ II I II � � PARNEp 6M OE ' ' �i' w/�, �/� ,✓ I Ifo Wetland Impact 1 -�- a w = a _ I 1 0.44 acres' ku A \ a nlavo® o.El.w voo \ U H O= � oreoNvczxn e.ce pro, oeEONw.ao�rrrxm� \ \ � � ' I I �� CURRENT OWMERE: M CHLINEr II / \\\1MATCH UNE The Avenue The Carroll Companies 1 rti\ 1% \ Wetland Impact 1 -Plan December 7th, 2017 i \ Permit Drawings ly�.\ R 74 " VQo I` Sheet 2 of 4��� !1 \ I� I sb - — - - - - , 1 _ / ,p,T — J — — — — — — — — z,sl'� /� 61 PROFILE ALIGNMENT 20 ?i--'--21 1 �ti CCS– \ 11 —22-- WGa3Ib t 9 / —22� -- --22 FLAN VIE LU ENGINEERING AND SURVEYING, IW-. THE AVENUE LAND DEVELOPMENT CONK LTING (' CORPORATE LICENSE NUMBER 0-1315 WETLAND DISTURBANGE 01 ' l Moo —NS CAROLINA 1 wGH ROI40NORTH SSTREET 27265 CITY OF WILMINGTON, NG PHONE. (3%) 612-8000 FAX, (336) 812-8780 SCALE: 1• 50 SHEET I OF 2 20 15 no 5 0 0+00 0+50 1+00 1+50 2+00 2+50 3+00 3+50 4+00 4+50 The Avenue The Carroll Companies Wetland Impact 1 -Profile December 7th, 2017 5+00 5+50 6+00 ENGINEERING AND SURVEYING, INC. LAIC DEVEwppe TcowA&nNG L______________ ______ Permit Drawings THE AVENUE --------------- Sheet 3 of 4 _______________________1__ ____________________J --I CITY OF WILMINGTON, NC HIGH POINT, NORTH CAROLINA 27265 PHONE, (3%) 6I2-6500 ^- FAX (336) 8I2-6700 j 7- SHEET 2 OF 2 PROPOSED GRADE 13E61N WETLAND �, -- EXI5TIN6 GRADE 0+50 1+00 1+50 2+00 2+50 3+00 3+50 4+00 4+50 The Avenue The Carroll Companies Wetland Impact 1 -Profile December 7th, 2017 5+00 5+50 6+00 ENGINEERING AND SURVEYING, INC. LAIC DEVEwppe TcowA&nNG Permit Drawings THE AVENUE CORPORATE LICENSE NUMBER C -I315 Sheet 3 of 4 WETLAND D15TURBANCE 01 »u 4400 7NG STREET J CITY OF WILMINGTON, NC HIGH POINT, NORTH CAROLINA 27265 PHONE, (3%) 6I2-6500 ^- FAX (336) 8I2-6700 SCALE: 1'-40' (H), 1'.4' (V) SHEET 2 OF 2 X, \ \\ 1NV: T5.0 AT \ \ \ CP IO LF-l2"RCP \ \ W UDE5 ENDWALL \ \,AX I p AN � X \,\X � II AT/ 24.9 �� Y v` / X 0/ \ 1 P L A N v I E W SCALE: 1'.40' The Avenue The Carroll Companies Wetland Impact 2 & Stream Impact 1 December 7th, 2017 Permit Drawings Sheet 4 of 4 20 PROP05ED GRADE I5` w� EXI5TIN6 GRADE L 10, 5 0 O+00 0+50 PROFILE VIEW SCALE: 1'.40'(W), 11.4' (V) ENGINEERING AND SURVEYING, INC. THE AVENUE LAND veVELopp- x coNsmnNG CORPORATE LIGENSE C NUMBER 0-1315 �,�,w�s,�, IUETLAND DISTURBANCE "2 1 (n H 64 POINT, NORTH GARMINA 21265 CITY OF WILMINGTON, NC PHONE. (336) 012-6600 - FAX, 036) 012-6"160 8HEET I OF I Kings Grant 151- 74 5E7A" Windemerc- 1'4iw ,,-17410, � ?Cf Ogden, COO MARKET STREET HEIG1 TS 2 g M.AYFAIRE TOWN CENTER 176 *e tiad`\ Brad eyw Cape+• Creek Fear Hospital Seagate (ylednde�' Dr WWETLANDS WATERS Vicinity Map P51a„u lie AAIririhtctiillc Rn3rh Howe Creek ,Mason Wer 5000 feet 1 km © 2017 HERE Nroject Name: The Avenue Owner / Developer: The Carroll Companies City / County: Wilmington / New Hanover Tax PIN(s): (see attached sheets for owner info) Coordinates: Scale: Date: Lat: 34.25232 Long: -77.82438 graphic 12/5/17 W, *Wetland Sketch provided for illustrative purposes for preliminary planning use only. Not intended to be relied upon for exact location, dimensions, or orientation. All findings and assessments made by wetland consultants regarding limits of jurisdiction or permitting requirements are subject to verification by the US Army Corps of Engineers and other appropriate state and local authorities. Project Name: The Avenue WETLANDS owner/Developer: The Carroll Companies 8c WATERS city/county: Wilmington / New Hanover Tax PIN(s): (see attached sheets for owner info) Figure 1 a: Approximate Depiction Coordinates: Scale: Date: of Waters and Wetlands Lat: 34.25232 Long: -77.82438 nts 12/5/17 N' Scale in Feet: 125 500 0 250 W W ETLANDS c WATERS `Wetland Sketch provided for illustrative purposes for preliminary planning use only. Not intended to be relied upon for exact location, dimensions, or orientation. All findings and assessments made by wetland consultants regarding limits of jurisdiction or permitting requirements are subject to veritication by the US Army Corps of Engineers, the NC DWR, and other appropriate local authorities. MAY 1, 2015 1. WETLAND AREA A IS REPRESENTED BY FLAGS A-100 THROUGH A-134. IT IS A BOTTOMLAND FOREST THAT IS SUBSTANTIALLY THE SAME AS WETLAND AREA D. 2. LINEAR WETLAND B IS A NATURALIZED DITCH BOTTOM THAT IS EXCAVATED 4 TO 6 FEET BELOW THE NATIVE SURFACE. IT IS APPROXIMATELY 12 TO 15 FEET WIDE. FLAG B-100 TIES TO FLAG A-109 AND FLAG B-121 TIES TO FLAG A-108 3. WETLAND C IS A CONTIUATION OF WETLAND B. IT IS THE SAME TYPE AS WETLAND B 4. WETLAND D IS LIKE WETLAND A BUT INCLUDES SOME OPEN WATER IN AN EXCAVATION. A CONTINUOUS LINE WAS FLAGGED FROM NORTH TO SOUTH WITH SOME FLAGS LIKELY OFF SITE. SHOW ONLY FLAGS THAT ARE ON SITE. 5. POND E IS REPRESENTED BY FLAGS E-100 THROUGH E-131. THESE FLAGS CLOSE TO THE C SERIES. Project Name: The Avenue Owner/ Developer: The Carroll Companies City / County: Wilmington / New Hanover Tax PIN(s): (see attached sheets for owner info) Figure 1 b: Approximate Depiction Coordinates: Scale: of Waters and Wetlands Lat: 34.25232 Long: -77.82438 graphic Date: 12/5/17 WETLANDS a, WATERS Figure 2: County GIS f rojeCt Name: Owner / Developer: City / County: Tax PIN(s): Coordinates: Lat: 34.25232 Long: -77.82438 1:4,000 N 0 0.0325 0.065 0.13 mi 0 0.0375 0.075 0.15 km The Avenue The Carroll Companies Wilmington / New Hanover (see attached sheets for owner info) Scale: graphic 12/5/17 ""� <• cells • - �- � P � Val _CEM•` '� 25 ��•-'''~--�.'..._._ IDWA \ 7 BM t C E! *a, . c` �t dl 24 ,+•ate PTO � / • �1�:4 pip -. ) / t ,{y)// E HO TIDAL �_ Jlt rHl( tf tit`H V - r � ` y - ._:. . r r_ 25,x,_ 25- �'1 /—J �/ fes. . • i �,. j+' O '.�' {I\!\ 411 Project Name: The Avenue WETLANDS owner/Developer: The Carroll Companies & WATERS City/County: Wilmington / New Hanover Tax PIN(s): (see attached sheets for owner info) Figure 3: USGS Topo Quad Coordinates: Scale: Date: Lat: 34.25232 Long: -77.82438 graphic 12/5/17 C)RTH CAROLINA - SHEET NUMBER IrE 1#fWETLANDS a WATERS Figure 4: Soil Survey Nrolect Name: The Avenue Owner / Developer: The Carroll Companies City / County: Wilmington / New Hanover Tax PIN(s): (see attached sheets for owner info) Coordinates: ( Scale: Lat: 34.25232 Long: -77.82438 nts Date: 12/5/17 9 Wetlands Freshwater Emergent - Freshwater ForestedlShrub - Estuarine and Marine Deepwater Esluanne and Marine - Freshwater Pond - Lake N Rivenne Other WETLANDS .,4,4fs&" W AT E R S Figure 5: National Wetland Inventory Map ect Name: The Avenue Owner/ Developer: The Carroll Companies City / county: Wilmington / New Hanover I Tax PIN(s): (see attached sheets for owner info) Coordinates:I Scale: Lat: 34.25232 Long: -77.82438 graphic Date: 12/5/17 NC Surface Water Classification t 4 OK(� "3pi tj Oagtr., SiF ff �i� - s *j,te moi. ��s: '7•� aSiY1q�, Yd 4'" 2014 Integrated Report Overall Category r -1 18-87-23a Howe Creek From source to downstream of station HW DT Impaired (Cat 5) ;i 1.00 SAcres Ba sin WOK Surface Water Classifications: ... - - ?s St-..nn,l• ;.-. 18-87-23 Strean. Name Howe Creek From source to Intracoastal Waterway Claesdicotlor, SA;ORW Date of Glass December 31, 1989 River Bass, White Oak What does this More info ,,DF, Class. I:l--an' axe -Je reze, r •' �f7 - "Surface Water Classifications ( N 2014-0 �verall_1R i•1 l✓ .� Supporting (Cat 2) 5.. Inconclusive Data (Cat 3) ~ 4"° .. 1:36,112 No Data 1:36,112 r; �/ 0 5 Q7 1.4 mi Impaired (Cat 4) �� >; ti,•a.ttr� s� ``^. ( f ^* �� � ��y 0.7 1.4Ivn Impaired (Cat 5) Project Name: The Avenue WETLANDS owner/Developer: The Carroll Companies & WATERS City/County: Wilmington /New Hanover Tax PIN(s): (see attached sheets for owner info) Figure 6: Stream Classification Coordinates: Scale: Date: Lat: 34.25232 Long: -77.82438 graphic 12/5/17 FEMA's National Flood Hazard Layer (Official) ` WETLANDS �& WATERS Figure 7- FEMA Floodplain Project Name: The Avenue Owner / Developer: The Carroll Companies City/ County: Wilmington / New Hanover Tax PIN(s): (see attached sheets for owner info) Coordinates: Scale: Date: Lat: 34.25232 Long: -77.82438 graphic 12/5/17 A,fi# adon Services 6f4Vi✓•0kMEk7V 'VU4s.1TY September 6, 2017 Brian Slevar The Carroll Companies 201 N. Elm Street, Suite 200 Greensboro, NC 27455 Project: The Avenue ROY COOPER MICHAEL S. REGAN Expiration of Acceptance: 3/6/2018 County: New Hanover The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location Impact Type impact Quantity (8 -digit HUC) T White Oak 03030001 Riparian Wetland 0.47 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: Perry Isner, agent Sincerely, J me B Stanfill As Management Supervisor State of North Carolina i Environmental Quality i Mitigation Services 1652 Mail Service Center ' Ralcigh, NC 27699-1652 1 217 W. Jones Street, Suite 3000 919 707 8976 T PARID: R05100-002-008-000 347 MCO LLC Parcel 565 MILITARY CUTOFF RD Alt ID 315815.54.7419.000 Address 565 MILITARY CUTOFF RD Unit NC City WILMINGTON Zip Code - Neighborhood E5C01 Class COM -Commercial Land Use Code 14 -Mobile Home Park Living Units Acres 31.2954 Zoning MHP -MOBILE HOME PARK Legal Legal Description ( 31.70 ACRES) PT HUMPHREY Tax District WM Owners (On January1st) Owner TOWLES WILLIAM B City WILMINGTON State NC Country Zip 28409 THE DATA IS FROM 2016 PARID: R05105-001-024-000 347 MCO LLC 565 MILITARY CUTOFF RD Parcel Alt ID 315814.44.7569.000 Address 565 MILITARY CUTOFF RD Unit City WILMINGTON Zip Code - Neighborhood E5C01 Class RES -Residential Land Use Code 14 -Mobile Home Park Living Units Acres .58 Zoning MHP -MOBILE HOME PARK Legal Legal Description MILITARY CUTOFF RD Tax District WM Owners (On January1st) Owner TOWLES WILLIAM B City WILMINGTON State NC Country Zip 28409 THE DATA IS FROM 2016 PARID: R05105-001-023-000 ROSEMAN FAMILY TRUST Parcel Alt ID Address Unit City Zip Code Neighborhood Class Land Use Code Living Units Acres Zoning Legal Legal Description Tax District Owners (On January1st) Owner City State Country Zip 349 MILITARY CUTOFF RD 315810.45.8331.000 349 MILITARY CUTOFF RD WILMINGTON CEBDO COM -Commercial 730 -Business 10.9 MHP -MOBILE HOME PARK (10.81AC) MILITARY CUTOFF RD WM ROSEMAN PATRICIA M IRVIN ETAL WILMINGTON NC 28411 THE DATA IS FROM 2016 PARID: R05105-001-019-000 LANIER BETTY COLLUM Parcel Alt ID Address Unit City Zip Code Neighborhood Class Land Use Code Living Units Acres Zoning Legal Legal Description Tax District Owners (On January1st) 128 WESTWOOD DR E 315811.55.1454.000 128 E WESTWOOD DR WILMINGTON E7C01 RES -Residential 13 -Mobile Home .42 MHP -MOBILE HOME PARK 21 WESTWOOD HEIGHTS WM Owner LANIER BETTY COLLUM City ELIZABETHTOWN State NC Country Zip 28337 THE DATA IS FROM 2016 PARI D: R05105-001-015-001 347 MCO LLC Parcel 302 LANCE DR Alt ID 315811.55.2190.000 Address 302 LANCE DR Unit NC City WILMINGTON Zip Code - Neighborhood E7C01 Class RSW-Residential Single Wide Land Use Code 958 -Unused Land Living Units 1 Acres .39 Zoning MHP -MOBILE HOME PARK Legal Legal Description LOT 17 WESTWOOD HGTS Tax District WM Owners (On January1st) Owner BURTON REBECCA V STEVEN M City JULIAN State NC Country Zip 27283 THE DATA IS FROM 2016 PARID: R05105-001-015-000 HUDSON NILA MCDOWELL Parcel Alt ID Address Unit City Zip Code Neighborhood Class Land Use Code Living Units Acres Zoning Legal Legal Description Tax District Owners (On January1st) Owner City State Country Zip 315811.55.3155.000 306 LANCE DR WILMINGTON E7C01 RSW-Residential Single Wide 13 -Mobile Home 1 .48 MHP -MOBILE HOME PARK LOT 16 WESTWOOD WM HUDSON NILA MCDOWELL WILMINGTON NC 28408 THE DATA IS FROM 2016 306 LANCE DR