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HomeMy WebLinkAbout20160783 Ver 3_Individual_201905145EGI Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, North Carolina 28412 910.452.2711 (office) • 910.452.2899 (fax) Transmittal Letter Date: 5/6/19 To: Ms. Karen Higgins Of: NC DWR 401 and Buffer Unit (Raleigh) Attached you will find:* �� Proposal Sketch(es) Permit Signe ctlan�' Ma Photo(s) O tel' JD Package Report(s) Plans Information Request Other Copies Dated Description 4 4/16/19 Bailey Center Individual Permit Modification Request Packet n e_ Tlig§e a Mine Aalluar-1- : or your Review/Commen Correcte an eturned Other: "If noted items are NOT attached, please contact our office. For your Records Returned for Correction(s) For your Signature As Requested By: Hand Delivery Fed -Ex UPS US Postal Service Other Notes: One hard copy has been hand delivered to Robb Mairs, in the Wilmingion Regional Office. Please feel Signature and (Typed) Name: Dana A. Lutheran Date: 6 May 2016 joutkern r nvironmental Group, Inc. 5515 Soutk College Road, Suite E Wilmington, NC 2841 2 Phone:910.452.2711 Fax:910.452.2899 r,mail:oF{ce@segi.us 16 April 2019 Electronic Mail Ms. Rachel Capito Wilmington Regulatory Field Office US Army Corps of Engineers (USAGE) 69 Darlington Avenue Wilmington, NC 28403 Rachel.A.0 apito(a)usace.artny.mil Mr. Robb Mairs NC Division of Water Resources (DWR) Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405 Robb.Mairsamcderinog_v Re: Bailey Center (Swansboro Park) 2019 IP Modification Swansboro, Onslow County, North Carolina USACE AID # SAW -2008-02698 NC DWR Project # 16-0783v2 Dear Rachel and Robb: (SEGi Project #: 07-113.011 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 additional buildable acreage, which allows for additional buildings and built upon area, changes to stormwater and roadway infrastructure, and an increase in wetland impacts and subsequent increase in compensatory mitigation. To date, the previously authorized wetland impacts have all been completed and the mitigation has been paid. 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, 0.23 -acre of non -riparian wetlands will need to be filled. Cumulatively, the project will impact 0.92 -acre of wetlands, which is still less than what was originally permitting in 2017 (i.e. 1.01 acres). To offset the proposed impact to the loss of wetland function that is anticipated to take place as a result of filling 0.23 -acre of non -riparian wetland, the Permittee proposes to make payment for 0.50 -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, 2021. 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 dlutheranAseizi.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: 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) Enclosures: (1) joutkem environmental Cjroup, Inc. i ! ' `J1niln ( Oiie4e K"za.7, ,)u.te _ V -ngton. North Carolina 234! -. 10.452.271 I rax: ? 10.452.23 );? oE�iceCase�i.us www.sc'i.us Bailey Center 2019 Individual Permit Modification Supplemental Document (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 April 2019 Bailey Center 2019 IP Modification Supplemental Document .9F Cii Table of Contents Sec- Title Page I. Introduction................................................................................. .,. ....... 3 II. Ownership.................................:........................................................... 3 III. Current Conditions................................................................................... 3 IV. Project Description................................................................................... 4 V Purpose and Need 4 VI. Alternative Analysis............................................................................... 4 A. Off -Site Alternatives............................................................................... 4 B. On -Site Alternatives................................................................................. 6 VII. Avoidance and Minimization..................................................................... 7 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. Jurisdictional Determination Packet................................................................. 10 D. Proposed Site Plan & Wetland Impact Map ........................................................ 11 E. Existing Conditions Photos............................................................................ 12 2(4/16/19) Bailey Center 2019 IP Modification Supplemental Document 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, which authorized the permanent impact of 0.69 -acre of non -riparian wetland that is situated within 2.64 acres of land, located at 810 West Corbett Avenue, in Swansboro, Onslow County, North Carolina. The need to modify these permits is based upon the recent opportunity for the Permittee to purchase two adjacent properties, owned by Pauline C. Stroud. The Permittee is in the process of securing those two parcels, as well as the Jerry Gower Construction Co. parcel, which was part of the original permit, but was abandoned when Bojangles and Starbucks pulled out. The three parcels being added to the project area are as follows: Tract 1 — Pauline C. Stroud (Onslow County PIN 535520809416) — 904 West Corbett Avenue Tract 2 — Pauline C. Stroud (Onslow County PIN 535520900667) — No Physical Address Tract 3 — Jerry Gower Construction Co. (Onslow County PIN 535520903478) — Whitney Avenue Tract 4 — Bailey and Fuller Properties, LLC (Onslow County PIN 535520902313) — 810 West Corbett Avenue Please refer to Appendix A, for property owner information. II. Project History: In 2017, the Permittee received DoA and DWR athorizations to fill 1.01 -acre of non -riparian wetlands and 120 LF of jurisdictionial ditches, 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 durnpster facilities; 179 parking spaces; access roads and drive through lanes and two (2) wet detention ponds. Later that year, before work commenced, and due to the extended amount of time it took to secure the USACE and DWR permits, two of the.Permittee's tenants pulled out of their contracts (i.e. Bojangles and Starbucks). This resulted in the Permitttee abandoning the Jerry Gower Construction Co. parcel and having to modify the agencies permits. The modification authorized the permanent impact of 0.69 -acre of wetland and 265 LF of jurisdictional ditches, for a 7200 SF multi-purpose building, a 3000 SF Verizon Store and a 10,000 SF Dollar Tree building, along with associated parking, infrastructure and other typical commercial facility amenities. 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 & 120 LF RPW DoA 2018 Standard Permit Mod. 1/23/18 2008-02698 0.69 AC & 265 LF RPW DoA Jurisdictional Determination 2/16/17 2008-02698 NA NC DWR Major WQ Certification 1/12/17 DWR# 16-0783 1.01 AC & 120 LF RPW NC DWR Major WQ Certification Mod DWR# 16-0783v2 0.69 AC & 265 LF RPW DCM CAMA Consistency Determination 2/6/17 CD17-0002 NA Table I Project History Copies of the above listed actions have been included with this correspondence, as Appendix B. III. Current Conditions: To date, the entire authorized development has been completed and the compensatory mitigation has been fulfilled. All but 3 of the retail units, within the multi-purpose building, are occupied, two of which are restaurants (i.e. Burrito Shack and Pizza Fomo). A recent visit to the site revealed a busy parking lot, in front of the Dollar General and Verizon stores (see Appendix E). The JD for the original project limits is still valid. However, a new JD is being sought, for Tracts 1 and 2. The JD Packet has been attached to this document as Appendix C. The new tracts are still vegetated. Tracts 1 and 2 contain woody species, while Tract 3 is comprised of mostly herbaceous species. The wetland feature on the site can be described as a hardwood depressional forest, with Nyssa 3(4/16/19) Bailev Center 2019 IP Modification Sunnlemental Document sylvatica var. Mora (black gum), Acer rubrum (red maple), Ubnus americana (swamp elm), and Smilax laurifolia (greenbriar) being the predominate species. The site is located within the White Oak River Drainage Basin and drains to an unnamed tributary to Halls Creek.' IV. Project Description The project area has been increased by approximately 3.0 acres, which includes all of Tracts 1 and 3 and approximately 0.12 -acre, of Tract 2. The current site plan includes of all of the existing development, as well as a 7200 SF Multi-purpose building, which will house provide space for an "End Cap" style Starbucks and five 60' x 20' retail units, as well as a 16,100 SF mini -storage building (see Appendix D). The additional retail space and storage unit facility prompted a need for additional parking, changes to the access / egress into the shopping center and enlargement of the stormwater treatment measures. To facilitate the construction of the additional development, approximately 0.23 -acre of Section 404 jurisdictional wetlands will need to be permanently filled. Clean earthen soil is to be placed into one, contiguous wetland feature, within the project area. Cumulatively with the previously authorized work, wetland impacts will total 0.92 -acre. Please refer to Appendix C, for details of the project. 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. While Tracts 1 and 2 were not part of the initial Threatened and Endangered Species and archaeological review, Tract 3 was part of the evaluation, which included coordination with the appropriate State and Federal agencies and on-site reconnaissance. Finding of those evaluations revealed no areas of concern within the project limits. Copies of these documents can be provided upon request. V. Purpose and Need: The Permittee's purpose for the project is to construct a 16,100 SF mini -storage building and 7,200 SF multi- purpose building, with associated parking and infrastructure, on property that adjoins his property and is centrally located, within the Town of Swansboro, in Onslow County, North Carolina. Please refer Appendix D, for details of the proposed development. The proposed retail stores and storage facility would service permanent residents of Hubert, Cedar Point, Cape Carteret and Stella, which are all within a ten-minute drive of the project area, and visitors to the area. These areas are rapidly growing areas of eastern Onslow County and western Carteret County, as they are close to local beaches and military bases. The proposed retail space and storage space is needed to support the population growth. VI. Alternative Analysis: Comprehensive off-site and on-site alternative analysis has been conducted, as part of the Individual Permit process. A. Off-site Alternatives SEGi applied the Section 404(b)(1) guidelines by utilizing current Town of'Swansboro Zoning Maps, Public or Private utility company service area information, historical aerial photography and available current land use records, to best determine if a site met site selection criteria, which are as follows: 1. the site must contain at least 3.0 acres of buildable area; 2. the site must front US Hwy 24 (Corbett Street); 3. the site must be zoned business or commercial or have the ability to be rezoned; 4. the site must provide adequate area for parking; 5. the site must have access to utilities, such as water, sewer and electric; and 6. the site must be able to support, at least two access points. 4(4/16/19) Bailey Center 2019 IP Modification Supplemental Document F (_i i When evaluating off-site alternatives, considerations, such as the presence, quantity and quality or functional value of wetlands and/or other waters of the U.S.; the zoning designation; the presence of any federally -listed Threatened and/or Endangered Species or their Critical Habitat; state listed Threatened and/or Endangered Species, or other natural or regionally important resource factors that may be significantly impacted. The parcels listed, in the table below, were all located within the incorporated area of Swansboro, were accessible from West Corbett Avenue (US Hwy 24) and utilities are available. However, only the highlighted sites met the Permittee's size criteria requirement and, therefore, were the only sites evaluated for practicability. Alternatives that are practicable are those that are available and capable of being undertaken, after considering cost, logistics and existing technology. Map Key Onslow Co. Map ID Size (AC) Zoning Access from Hwy 24 1 1319-88 0.85 B-1 Yes 2* 1319-85 0.73 B-1 Yes 3* 1319-82 2.0 B-1 Yes 4* 1319-83 1.15 B-1 Yes 5 1319-832 1.1 B-1 Yes 6 1319-54 0.56 B -I Yes 7 1319-53 0.73 B -I Yes 8 1401-125.1 5.0 B -I Yes 9 1401-125.2 5.0 B-1 Yes 10 1319-24 9.58 B- I Yes it 1319-204 2.36 13-1 Yes 12 1319-168 2.83 B-1 Yes Table 2 Alternative Properties Analysis (*parcels adjoin one another) The following aerial photo denotes the location of each alternative site, relative to the subject property: Figure I — Alternative Site Location Map The table, on the following page, summarizes the evalution of the selected Alternative Sites, for practicality: 5(4/16/19) Bailey Center 2019 IP Modification Supplemental Document 9F (-ii Practicability Criterion Preferred Alternative Alternative Sites Alternative Sites Alternative Sites Category 1,5-10 2-4 11 & 12 Availability Available for Acquisition The three tracts are available. Unknown Listed Not Listed— Failed screen Logistics Parcel Size (+/- 3.0 AC) The tracts offer adequate No — Failed screen Yes, if combined NA buildable area Appropriate Zoning or Able The property is zoned NA Yes NA to Change Commercial, by the Town of Swansboro Availability of Utilities ONWASA is available sewer NA Yes NA and water, and JOENIC will provide power. Adequate area for a drive thni Adequate Access Access off Hwy 24 is available, NA Yes as well as off Ireland Avenue Technology Topography and Other Site The site is flat, with minimal NA NA NA Conditions for Development wetland area. There are existing utilities, within the project limits, thereby making connection easier and less expensive. Cost Reasonable Acquisition The tracts are listed at fair NA No — Failed screen NA Cost market value Combining the properties to meet the size requirement, would be more expensive than the Preferred Alternative "fable 3 Practicability Aitalysis The Preferred Alternative is the only alternative that meets all of the Permittee's development criteria and is practicable, when considering availability, cost and logistics. Therefore, the Preferred Alternative was selected. 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 one specific retail tenant (i.e. Starbucks), with whom the Permittee is under contract, to lease the space and who requires their stores have road frontage and good visibility, as well as a drive thru window and adequate parking. For these reasons, this alternative was accepted. Alternative 2 — Utilization of other uplands, within the tract, to avoid impacts: This alternative was explored, but the proposed site plan requires utilization of all available uplands. Therefore, this alternative was rejected. Alternative 3 — Utilization of retaining walls: The Permittee investigated the potential of utilizing retaining walls to minimize impacts. But this method 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 — Eliminate parking spaces: Currently, there is only enough parking for the existing units. The proposed plan increases the number of parking spaces by 59, plus two handicap parks. According to the Starbucks "End Cap" design guidelines, at least 20 parking spaces are preferred. And, while the Permittee does not have tenants for the remaining units, it is prudent to ensure that adequate parking is provided. Therefore, this alternative was rejected. Alternative 5 — 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 and is economically practicable. Therefore, this alternative was rejected. 6(4/16/19) Bailev Center 2019 IP Modification Supplemental Document VII. Avoidance and Minimization: The Permittee incorporated the following avoidance and minimization efforts into the current project design: 1. Limiting the storage unit building to 16,100 SF avoided impacting +/- 11,100 SF of wetlands, on Tract 3. 2. Repurposing the existing stormwater pond into a forebay avoided impacting the remaining, +/- 4100 SF of wetlands, on Tract 4; 3. Positioning the proposed multi-purpose building as close to the existing multi-purpose building avoided impacting +/- 1800 SF of wetlands; and 4. Limiting the development to only 10' into Tract 2, rather than proposing additional parking on that site, which could be used, impacts to wetlands were minimized significantly. By taking these actions, the Permittee has kept the proposed impacts to wetlands below 1.01 acre, which was previously authorized, under the original permits. 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 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. In total, the Permittee has reduced wetland impacts from 1.01 -acre to 0.92 -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. VIII. 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 0.23 -acre of non -riparian wetland, by making payment to the Hofmann Forest Wetland Mitigation Bank (HFWMB), for 0.5 -acre of non -riparian wetland restoration credit, at a 2:1 mitigation - to -impact ratio. Once the mitigation proposal has been approved, a credit reservation letter will be secured from the HFWMB and forwarded to the,agencies upon receipt. IX. Summary In summary, Bailey & Fuller Properties, LLC is requesting a modification to the previously issued 2018 DoA Standard Permit and DWR Major Water Quality Certification, for a proposed commercial development, known as The Bailey Center and located at 810 West Corbett Avenue, in the incorporated Town of Swansboro, in Onslow County, North Carolina. The need to modify these permits is due to an increase in the project limits and amount wetland fill needed to facilitate the development of a multi-purpose building, storage unity facility and associated parking and infrastructure. After extensive on-site and off-site alternative analysis, as well as applying avoidance and minimization efforts, the Permittee is proposing to fill 0.23 -acre of non -riparian wetland (0.10 -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(4/16/19) Bailey Center 2019 IP Modification Supplemental Document 9F tai i Appendix A Project Area Parcel Information (see Appendix C - JD Packet) 8(4/16/19) Bailev Center 2019 IP Modification Supplemental Document F Cii Appendix B Previously Issued Permits and Certifications 9(4/16/19) q T i, 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 & Fuller 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. -1 - Thank you in advance for completing our Customer Survey Form. This can be accomplished by visiting our website at http:Hcorpsmapu.usace.army. miIt'cm_apexll?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. Sincerely, -C''A- Kevin P. Landers Sr. Colonel, U. S. Army District Commander 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 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 -3008-03698 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: 1. 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 parry 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: 1. 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 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terns 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 209.170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 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, the_,QIps will nonnally give favorable consideration to a request for an extension of this time limit. Your gnatur I ittee. indicates that you accept and agree to comply with the terms and conditions of this permit, This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. i (DISTRICT COMMANDER) —~ (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 OFIACC 1086 - 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 (USACE) prior to implementation. 3. DEVIATION FROM PERMITTED PLANS: The permittee shall ensure that the construction design: plans for tlii§.project do not.oeviate 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 anytime 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). 5 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 i � t\t`hl l• r re \ `••\�� U•lV d I AN . •:.'�-.%------1--=-- ��------ �'- "—�'--F-- -- N CS.R. ism 60' R75V ; 111_ PUIURSUM)PRtL1A 1 1 1 1111MATA. rI MAn AIMtRM eloM FVMCTTAY6l�tHMy ul Iwunay.0 Mt afw y'O.1F\TMr)IL. WLLT Y n uLA rittmit aux r u taly ap 1U'AMrVIQiI_�.'nfll [t�f10.'(UTAT1 n1ty. SifSw.WlfrA lAfn..vsA flySioq.itll utw.•trro WTAt11AIT•AIA. ..JIAGII...u.Frl mtunucuriw.u6� r ycl we cVaeL1TA>,Cp :. 41 [.N1 At .sm. stn IIIrP1�t7U1'Sll.'l t ,."To rA I-" ST rAt'meewiel. w.e.frr ntn'ILTcst[cwAlu- Harr 70lALWRetyIX3• •F.M lFly ltl OUAWLEe MLW PUIIlOt7 WfFMi. IVILMTb'f. f.7..FF M1rMfA1AlN0. M1.3f CCIM MERMwALU. IyfrF MALIUrL. OOU fla.flrin Lh9 SMARMS"L IMMAViOt7IL'.IAM MALIMra uMl. n.mwlrlmu t O"MIUMVIOMA AIll IM L.SI'MMIL. 1trt4/F (VX= WrnA.Ntw 9lY Warm! 7UMl.iM7i1L wC11AA'IU. 4S.1111r TUTAL WrnAfSl"YU111L. Nln4A1• el.�F1rM.UR IYIIM ...uauv..n..nenmmn,..m.,.erf.orr.n l.�anww . .u.vi�ifi.�cllan: ii:n"►-Iv lwwilaneln w.Inlm.r raft rfirralivaooriiulva MRa®wr1�.r'a�+bFi�lltflq wnm+.mr°0s..�.. r....l..F �rn...•ulnal...s.mw 1 wtminlMlH...wew..b.n.l f.s.n u.rrwna �n•w. ua. m.u..wm..lnw.urll..u.u.wlc.yn•o Lrw.r umw kn.11ln uvm•u r m wwrnw ..mrusn.i.n...ar w.au.i.n..tn.nl.m.r...r.nu>r ....rvn a w runnur.t.ua of aa.,1• C ren C7 � Z ll Uw 11; rW U4 d zG h ixz pw �� cs�8 1V� Zobw �-ZZ 2 a3: C7 ¢ rn .g ---------- �,^'^..: "� unn Anvrrrr•n.ma Uc rawly.+ ��n.r.ry', r~r� /.1(L>ClyAtIA; ICF1tU N ♦ M M _� U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2008-02698 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 Waterway Cartwheel Branch USGS HUC 03020301 Nearest Town Swansboro River Basin Onslow Bay 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 Anlnly: 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 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 CWAIRHA 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 (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 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 SAN -2008.03698 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 rill 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 andlor the Corps regulatory program, please contact Brennan Dooley at (910) 2514694 or Brennan.J.DooleyQ)usace.armv.mil. C. Basis For Determination: See attached Approved Jurisdictional Determination Form. D. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants; or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination foe 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 Atm: Jason Steele, Review Officer 60 Forsyth Street SW, 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 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP Should you decide to submit an RFA form, it must be received at the above address by 4/17/17. **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: i Date: February 16.2417 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 httn://carnsmVu.usace.armv.mil/cm apex/ft --136:4:0. e i..,s a, r Environmental Quality January 12, 2017 Bailey and Fuller Properties, LLC Attn: Chris Bailey 405D Western Blvd Jacksonville, NC 28546 ROY COOPER Cntrrar)r, WILLIAM G. ROSS, JR. acting secrcmry 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 htta://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 9 Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 276994 617 919-707-9000 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 2of7 if 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: 20160783SwansboroPark(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 24, 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. •CompensatoryMitieation Mitigation must be provided for the proposed impacts as specifiedin 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 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 Aae . 2. •CompensatoryMitieation Mitigation must be provided for the proposed impacts as specifiedin 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 #14083 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 .05021 S. 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)1: 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 Erosion 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 5 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 NGC 0413.0124 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.ore/web/wa/ws/su/npdessw#tab-w. [15A NCAC 0.2H .0506(b)(5) and (c)(5)] 9. If concrete is used during the construction, then all necessary measures shall be taken 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 & Fulier,properties, LLC DWR# 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 Quallty; 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 028.0200 (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 canbe downloaded from the 401 &Buffer Permitting Branch website at,http:�portal.ncdenr.org/web/way/swi) ws/­4­03./­`certsaiidgermi!s-/����pRbiLtorms 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 .0502] , 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) orihat 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: http:/Iportal.ncdenr.org/web/wg/swp/ws/401/certsandoermits/apply/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.05061 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 12" day of January 2017 Karen Higgins, Supervisor 401 & Buffer Permitting Branch KAH/js 4083 V �^ W ;3p C3 r �C3 vxi�•�i. '�k`7 z.V p...rr�. rr..r..�...�.----------------------------------------- -----� -� - L-f=�__------ w.e.olrb.rrnn.rrrr.. . r. -... .,.. .._ -_. _ ._ .� ._ _ --------- _._... t.` A e rrf�. wrr. �rrwerb.w•rrr.ww a �.._.. .-._ .-.. -� _ �.. .-.. ._ - - -.. .... - _ - - _.. ..... .... .._ -..-,f,- ssrr-.wsw .�w.rosl�.w...n.w.rw..... - i�� �....... Mr.l fin. ANA" " WAYMHOIH O ( ' wowrr.�wrro.rrrrrwr..rnrMn• 1..... -sr» r.._ --- •. ,y�y ..._ r..4rr.lasr..alrawvlwrr.rr...•w w i j(u fj _ rq�.^Mw...br.wi.-��...�r..b-Y.�il. • _._ �... e _.a �.. � ..._ � -- ..-. - � ..._ � .� � � .� ��`=.�`'�.y '_' 1r.•'e 1 � .+u - .wr�•.Mr4dr.Mw114I.Yw-•4. _ 4nr �'1'^• r.IrPNPU•w.yV•4WriI�11Y..YW Y•a. rrww ® � .r.. �-._. ..v. • .....,. �_y _�.'_w.� '��J v-..• rr•.vrrrrarr.�w....rrwrr � �_-..... —qr r�r+�`;. ♦ ♦'• -w^'\ �1'•'.••t•�- j = =- _.;� Tin -a.: ,� .,, wwr �rw`�ririlw rww•.°Wr.n+rw C �i1 .i �..• � I C"' vlrbri.•Irwrrwrrllr.•w. � r1r..w11a1•w•r.trwramrawrr>t•er..-�-r---uwr:�w . /" I � ��/ � •�• e e � r.rrrrr4rrr..w.r.r.rMrrr / I � 1 I s � : r�r � rrrrwlrerr.r•.•.rr.ruw.rrwrw.w� �; ` A s r I ii I, '� �;, J� y. 4.1 r.w+we•sbnr...r.r�� �. n.m..rcab. � l K r -- � :. � r: 1 _ • J arm.nuaamrusrwmt % �{- �e 4Ur142T1�eQ�11i>Z.I.�IDm J/_ .. l � �— Y Tt�VIt.11ofOLLnLGfLLq \ . IarWtl.Ma< •LYMAI®/pIALIL ae]Y�L71 CIOI.P7�1111111 W.tIMtl IaTMtl•leas 4101AObCl1►02 a� .e„1..K.e,cuv4 MmMu eaoun+lcunmalna Ia..eedIA""-L-dk%=Mlvuu tl.r, A%— K.x1'!cura tl ••7b •1a1RIIt s>Q/KM L10 W L pl tLIMtIM Y71Rf TM.Yetl'Oler{410M6e H.r.w•1TFr.. AirtLWUWUU .ab. -M ca .."m rO.AL-=^v"xa IQK:l17'11\VWa7Yl F1tr O J 2n7uet1lOHemV aawo.aWLEI nw �...I�...Ir M MIII?II L1111trA AIZ amoarulerQu wtsia � �yI ryti \, r: t: Z r--- -� DEPARTMENT OF THE ARMY • WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVE • + WILMINGTON, NORTH CAROLINA 28403 January, 23, 2018 REPLY TO ATTENTION OF: Regulatory Division Action ID: SAW -2008-02698 Bailey & Fuller Properties, LLC C/o Mr. Chris Bailey 405D Western Boulevard Jacksonville, North Carolina 28412 Dear Mr. Bailey: Please reference your November 17, 2017, request submitted by your agent, Southern Environmental Group, Inc., to modify the Department of the Army (DA) permit issued on February 16, 2017 to fill approximately 1.01 acres of jurisdictional wetlands and 120 linear feet of jurisdictional ditches associated with a commercial development. This site is located at 810 West Corbett Avenue (Highway 24) in Swansboro, Onslow County, North Carolina. This DA authorization expires on December 31, 2021. Your request is to modify the plans for the commercial development and impact 0.69 acre of wetlands and 265 linear feet of jurisdictional ditches. Upon the review of your permit modification request, our office has determined that the modification is hereby authorized pursuant to Section 404 of the Clean Water Act provided adherence to all new, modified, and original conditions. 1) New Special Condition: a. Special Condition #18: AVOIDANCE OF REMAINING ON-SITE WETLAND: The Permittee shall avoid the remaining onsite wetlands (as detailed on the attached drawings). These natural wetland areas were avoided as part of the permit application review process and therefore will not be disturbed by any dredging, filling, mechanized land clearing, or other construction work whatsoever. 2) Modified Special Condition (numbers coincide with the original permit conditions): a. Special Condition #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 1.40 credits of mitigation via'payment into the Hoffman Forest Wetland Mitigation Bank for the project related impacts of 0.69 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. All other permit conditions pursuant to the February 16, 2017 authorization (copy enclosed) remain applicable. If you have any questions or comments, please contact the project manager, Rachel Capito at (910) 251-4487 or Rachel.A.Capito@usace.army. mi1. Sincerely, Eric Reusch Chief, Wilmington Regulatory Field Office Copies furnished with enclosures: Dana Lutheran Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, NC 28412 Mr. Robb Mairs North Carolina Division of Water Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Y: Environmental Quality January 12, 2017 Bailey and Fuller Properties, LLC Attn: Chris Bailey 405D Western Blvd Jacksonville, NC 28546 ROY COOPER Gntra3tnr WILLIAM G. ROSS, JR. Acrin3 secreiurl 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 150B by filing a written petition for an administrative hearing to the' -'Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. -A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and onecopy 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 Statc of North Carolina i Environmtmtal Quality i Water Rtsourcts 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 If 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.aov 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: 20160783Swan sboroPa rk(Onslow )_401_1 C.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 24, 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. °CompensatorwMitieation 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)] Com ensatory Mitigation Required River & Sub -basin Number Wetlands 1.02 acres WO 03030001 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. °CompensatorwMitieation 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)] Com ensatory Mitigation Required River & Sub -basin Number Wetlands 1.02 acres WO 03030001 Salley & 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 pians and specifications for this project are incorporated by reference and are enforceable parts of this permit. 115A NCAC 02H .0501 and .0502] S. 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)1; 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 Erosion 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 5 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 0413.0124 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 (NCGO10000), inspection log sheets, and other information may be found at: http://Portal.ncdenr.org/­W­eb/­wq/­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 be taken 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 0213.02001 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 026.0200 (3)(f)] Bailey & Fuller properties, LLC DWR# 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 21Aj 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 http_; eortal.ncdenr.orelweb/wg/swp/ws/401/certsandpermits/62612/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.0200].' 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: http://portal.ncdenr.ore/web/wq/swp/ws/401/certsandpermits/apply/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.05061 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 Karen Higgins, Supervisor 401 & Buffer Permitting Branch KAH/js 4083 •IM,1111 bl. A.Nmn.riArrlRellerw � 111 �1 I � • oruRvraw.ai: � i ``� � � ro�mv�n�uurvrrosmcue 11 `\ ` � ODM101TPQ?Tir01. VSY - ussrrW. lural. r*4Ar lw.e..r1 �"•,, TMALORrVs WAtlk.s.lAC irw � �N ___- 9 Mj\J � e- — �� \ M��E�/SYNlf. AW p �i r• .•r•••�•r ww.��'`f a p P.•� I .» \� �, ''�.+~� muanrevla.+. 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T .� .._ �.. � _. _ _ ..-......_ .^.. : stwrlau+rar..�.r.n. •� 1 ____ _ fJ �..r�w l.��"'..n"®w..aeri."w �"r,..'wMr.swwr �• _: _... _ _. — — _. __.- — — •-. _ _ _ _ �. �..o. _ .. rs'-"�'iww."..w.aw.s....�..oeww�.. oii."'..w `w....• 4r V ne■ uy �p•�1j I nmunrmraoAo '� 4 �-��-..- auxrroa.Ilaflav 1 I ��IL+jjjjJy''''7777 r � s Bailey Center 2019 IP Modification Supplemental Document F C, i Appendix C Jurisdictional Determination Packet 10 (4/16/19) Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 904 W. Corbett Ave. City, State: County: Swansboro, NC Onslow Parcel Index Number(s) (PIN): 025847, 031937 B. REQUESTOR INFORMATION Name: David Scibetta Mailing Address: 5315 S College Road Suite E Wilmington, NC 28412 Telephone Number: 910-452-2711 Electronic Mail Address: DSCibetta@segi.us Select one: 1-1 1 am the current property owner. I am an Authorized Agent or Environmental Consultant Interested Buyer or Under Contract to Purchase Other. please explain. C. PROPERTY OWNER INFORMATION Name: Pauline C. Stroud Mailing Address: 61 Old Hammocks Road Swansboro, NC 28584 Telephone Number: Electronic Mail Address: Must provide completed Agent Authorization Form/Letter. Documentation of ownership also needs to be provided with request (copy of Deed. County GIS Parcel Tat Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION'A By signing below, 1 authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. 1, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. David Scibetta Print Name Capacit\ : ❑ Owner ✓❑ Authorized Agent' 4/15/2019 Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting rocess. I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. 8 A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. HI believe that the site may be comprised entirely of dry land. Other: For NCDOT requests following the current NCDOT/USAGE protocols, skip to Part E. If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization formr"letter signed by ownerls). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) 171 1 am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States -on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party' (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). ❑ I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS QMap of Property or Project Area. This Map must clearly depict the boundaries of the review area. ✓❑ Size of Property or Review Area 1.02 acres. ❑ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: N 34.69879 Longitude: W 77.14014 RA legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11 x 17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).' ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or -Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: ■ Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water. etc. Please include the acreage and linear length of these features as appropriate. QCompleted Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations' to ensure that the supplied map meets the necessary mapping standards. bn://www.saw.usace.anny.miVMissions/Reizulatory-Permit- Program/Jurisdiction/ Version: Ma} 2017 Page 5 Jurisdictional Determination Request ✓❑ Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDs, please complete an Approved Jurisdictional Determination Form' IV -7] Vicinity Map Aerial Photograph FYI USGS Topographic Map R Soil Survey Map aOther Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous.delineation maps, LIDAR maps, FEMA floodplain maps) F] Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms Other Assessment Forms ' wwwsaw.usace.army.mil/Portals/59/docs/regulatory/regdocs`JD/RGL 08-02 App A Prelim JD Form fillable.pdf ' Please see hU://www.saw.usace.artnv.mil/Missions/Re ug latorv-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department ofJustice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction into be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: DATE B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Bailey & Fuller Properties, LLC, Chris Bailey, 405D Western B1vd.,Jacksonville, NC 28546 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, PROJECT NAME, FILE NUMBER D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: 904 W. Corbett Ave. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Onslow City: Swansboro Center coordinates of site (lat/long in degree decimal format): Latitude: N 34.69879 Longitude: W 77.14014 Universal Transverse Mercator: Name of nearest waterbody: Cartwheel Branch E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): TABLE OFAQUATIC RESOURCES INREVIEWAREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non - wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) Wetland N 34.69877 W 77.14026 0.34 ac. Wetland 404/401 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or aNationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant'is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms, and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be I affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Wetland Exhibit ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: Hubert1:24k ® Natural Resources Conservation Service Soil Survey. Citation: Soil Survey of Onslow Co. ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): 2016 NCOneMaps Orthoimagery or ❑Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD DATE Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable) t 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Onslow County, NC Tax Parcel Report Monday, April 15, 2019 Parcel ID 025847 Owner Name STROUD PAULINE C 1319-196.1 1319-199 �tL 918 1319-201 131947.1' il2gi'3i 1319-47.5 9-47.3 921 1319-51 General Information Acres Physical Address Neighborhood Code Plat Book & Page Township Building Value Assessed Value Heated Square Feet Number of Bedrooms Last Sale Date 07-JUL-71 Map Number 1319-205 Owner Mailing Address 61 OLD HAMMOCKS RD SWANSBORO NC 28584 1.00 904 W CORBETT RD 4276 NO-SUBDIV SWANSBORO $4,860.00 $462,240.00 Onslow County Geographical Information Services -GIS 234 NW Corridor Blvd. Jacksonville, NC 28540 1319 d Property Description Subdivision City Limit NC PIN Improvement Code Land Value Total Taxed Value Year Built NC24E NO SUBDIVISION RECORDED SWANSBORO 535520809416 O $457.380.00 $462,240.00 Price Book Page $0.00 405 146 WARNING: THIS IS NOT A SURVEY. This map is prepared for the inventory of real property found within this jurisdiction, and is compiled from recorded deeds, plats, and other public records and data. Users of this map are hereby notified that the aforementioned public primary information sources should be consulted for verification of the information contained on this map. The County and mapping company assume no legal responsibility for the information contained on this map. Onslow County, NC Tax Parcel Report Monday, April 15, 2019 Parcel ID 031937 Map Number 1319-206 Owner Name Owner Mailing Address STROUD PAULINE C 61 OLD HAMMOCKS RD SWANSBORO NC 28584 ^ _ ~13196�-3, 1 1319-210.1�­1319H-97 �1319B'2813198-2913198-30,,1 13191-1-21319H;101319H-1P1319H-1 1319H-3 131913-32 131913-27 1319H-8 0) 1319H-11 1318 1319-199.3 ' f--- —4 t. 1319B-33 a' -,1319H-12 1319H -"l 71 31913-26 131913-24 r--- - { 13191-1-7 13196.251_ u1 13196-34 ^Cro ^ ^oar = 0 ,Z; ,h1319H- Q Nq LLJo r� W o Q V 1319-199 13198-23 `�. 1319-204 1319-53 9 �o � ^^� 1319-46,? Q� Cp'4e�TT r •910 j \ ' 1104 1319 47.1 q \ ?796 U ph 1314'47.6/ N 27 1319-47.4 b 921 - 9 4 810 1$ . Q ^• � ^�' X915 `� I • 1319-265 = 1319-47.2 ^� ���g' 1� 13198-36 1319-40,,"' 1319-51 , 9 52 131913-19 General Information Acres 1.19 Property Description OFF NC 24 Physical Address CORBETT AVE Subdivision NO SUBDIVISION RECORDED Neighborhood Code 4276 City Limit SWANSBORO Plat Book & Page NO-SUBDIV NC PIN 535520900667 Township SWANSBORO Improvement Code V Building Value $0.00 Land Value $59,500.00 Assessed Value $59,500.00 Total Taxed Value $59,500.00 Heated Square Feet Year Built Number of Bedrooms Last Sale Date Price Book Page 04 -MAR -86 $3,000.00 769 183 Onslow County WARNING: THIS IS NOT A SURVEY. Geographical Information This map is prepared for the inventory of real property found within this jurisdiction, and is Services -GIS compiled from recorded deeds, plats, and other public records and data. Users of this map are 234 NW Corridor Blvd. hereby notified that the aforementioned public primary information sources should be consulted Jacksonville, NC 28540 for verification of the information contained on this map. The County and mapping company assume no legal responsibility for the information contained on this map. 24 x n a i D v 3 � 3 �r ° V004 C J C o ak Cormorant Or z 4 � Q m R� Qt ccibr Q a C h4 a r 24 x n a i D v 3 � 3 �r ° V004 C J C o ak Cormorant Or z 4 � Q m R� Qt ccibr a 4 a r J C d C 6 t :)O r r u c 14 \. ti 36aci ca: a r� 0 r a� foo;0.1 ora w 4 � Corb��t �, a Swansboro �. 4 Gtr` �"�► "�a gyp. 0 260 520 1.040 1.560 2060et Vicinity Map N 1 inch = 1,000 feet Pauline Stroud Property Swansboro, Onslow County, NC Nk, E Map Source: ESRI Street Maps 4/15/2019 07-113.01 5E.G U1 r lee Property Line Project Area - -1.02 ac. Q Approximate Wetlands 2008 0 50 100 200 300 400eet USGS Topo Map N 1 inch = 200 feet Pauline Stroud Property Map source: Uses Topoview Service, Swansboro, Onslow County, NC w E 7.5' 2016 Hubert quadrangle, 1:24k scale 4/15/2019 07-113.01 c Property Line 0 Project Area - -1.02 ac. Approximate Wetlands 2008 0 10 20 40 60 80 Feet 1 inch = 40 feet Map source: NC Flood Mapping UDAR Data • UDAR Map Pauline Stroud Property Swansboro, Onslow County, NC 4/15/2019 07-113.01 `A C 0 10 20 40 60 80 Wetlands Exhibit C' . Feet 1 inch = 40 feet Pauline Stroud Property F Swansboro, Onslow County, NC Map Source: 2016 NCOneMap Orthoim5r G;agery 4/15/2019 07-113.01 ti Property Line 0 Project Area - -1.02 ac. Approximate Wetlands 2008 0 10 20 40 60 80 Feet 1 inch = 40 feet Map Source: 2016 NCOneMap Orthoinnagery, Soils Map of Onslow Co. In Soils Map Pauline Stroud Property Swansboro, Onslow County, NC 4/15/2019 07-113.01 U.S. Army Corps of Engineers Requ;rementControl Symbol WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region EXEMPT (Authority: AR 335-15, See ERDC/EL TR -07-24; the proponent agency is CECW-CO-R paragraph 5-2a) Project/Site: 904 W. Corbett Ave. City/County: Swans boro/Onslow Sampling Date: 3/26/2019 Applicant/Owner: Pauline Stroud State: NC Sampling Point: Upland Investigator(s): David Scibetta, SEGi Section, Township, Range: NA Landform (hillside, terrace, etc.): flatwoods Local relief (concave, convex, none): none Slope (%): 0 Subregion (LRR or MLRA): LRR T, MLRA 153A Lat: N 34.69858 Long: W 77.14031 Datum: NAD83 Soil Map Unit Name: Onslow NWI classification: NI Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No X Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) _Surface Soil Cracks (136) _Surface Water (Al) _Aquatic Fauna (1313) _Sparsely Vegetated Concave Surface (68) —High Water Table (A2) —Marl Deposits (B15) (LRR U) _'Drainage Patterns (B10) _Saturation (A3) _Hydrogen Sulfide Odor (Cl) _Moss Trim Lines (1316) —Water Marks (131) —Oxidized Rhizospheres on Living Roots (C3) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _Presence of Reduced Iron (C4) _Crayfish Burrows (C8) _Drift Deposits (133) _Recent Iron Reduction in Tilled Soils (C6) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Thin Muck Surface (C7) _Geomorphic Position (D2) _Iron Deposits (135) _Other (Explain in Remarks) _ShallowAquitard (D3) _ Inundation Visible on Aerial Imagery (137) X FAC -Neutral Test (D5) Water -Stained Leaves (139) Sphagnum Moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116 -2 -SG, JUL 2018 Atlantic and Gulf Coastal Plain —Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: Upland Tree Stratum (Plot size: 1. Acerrubrum 2. 3. 4. 5. 6. 7. 30' ) Absolute Dominant Indicator % Cover Species? Status 50 Yes Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 1 (A) Total Number of Dominant Species Across All Strata: ' 2 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 50.0% (A/B) Prevalence Index worksheet: 8. Total % Cover of: Multiply by: 50 =Total Cover OBL species x 1 = 50% of total cover: 25 20% of total cover: 10 FACW species x2= Sapling/Shrub Stratum (Plot size: ) FAC species x3= 1. FACU species x4= 2. UPL species x5= 3. Column Totals: (A) (B) 4. Prevalence Index = B/A = 5. Hydrophytic Vegetation Indicators: 6. _ 1 - Rapid Test for Hydrophytic Vegetation 7. 2 - Dominance Test is >50% 8. 3 - Prevalence Index is s3.0' =Total Cover -Problematic Hydrophytic Vegetation' (Explain) 50% of total cover: 20% of total cover: Herb Stratum (Plot size: 30' ) 1. Juncus effusus 5 Yes OBL 'Indicators of hydric soil and wetland hydrology must be 2. present, unless disturbed or problematic. 3. Definitions of Four Vegetation Strata: 4• Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. more in diameter at breast height (DBH), regardless of 6 height. 7. Sapling/Shrub -Woody plants, excluding vines, less 8• than 3 in. DBH and greater than 3.28 ft (1 m) tall. 9. lo- ll. 12. 5 =Total Cover 50% of total cover: 3 20% of total cover: Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5. =Total Cover 50% of total cover. 20% of total cover: Remarks: (If observed, list morphological adaptations below.) Herb -All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine - All woody vines greater than 3.28 ft in 1 height. Hydrophytic Vegetation Present? Yes No X ENG FORM 6116-2SG, JUL 2018 Atlantic and Gulf Coastal Plain - Version 2.0 SOIL Sampling Point: Upland Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' LoC2 Texture Remarks 0-12 10YR 3/1 50 10YR 5/2 Loamy/Clayey 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric SoiIS3: _ Histosol (Al) _Thin Dark Surface (S9) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O) Histic Epipedon (A2) _ Barrier Islands 1 cm Muck (S12) 2 cm Muck (A10) (LRR S) —Black Histic (A3) (MLRA 15313, 153D) —Coast Prairie Redox (A16) _Hydrogen Sulfide (A4) _Loamy Mucky Mineral (F1) (LRR O) (outside MLRA 150A) _Stratified Layers (A5) _Loamy Gleyed Matrix (F2) _Reduced Vertic (F18) _Organic Bodies (A6) (LRR, P, T, U) _Depleted Matrix (F3) (outside MLRA 150A, 15013) _ 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Redox Dark Surface (F6) —Piedmont Floodplain Soils (F19) (LRR P, T) —Muck Presence (A8) (LRR U) —_Depleted Dark Surface (F7) _Anomalous Bright Floodplain Soils (F20) _ 1 cm Muck (A9) (LRR P, T) _ Redox Depressions (F8) (MLRA 1538) _Depleted Below Dark Surface (A11) _Marl (F10) (LRR U) _Red Parent Material (F21) _Thick Dark Surface (Al2) _Depleted Ochric (F11) (MLRA 151) _Very Shallow Dark Surface (F22) _Coast Prairie Redox (A16) (MLRA 150A) Iron -Manganese Masses (F12) (LRR O, P, T) (outside MLRA 138, 152A in FL, 154) —Sandy Mucky Mineral (S1) (LRR O, S) _ Umbric Surface (F13) (LRR P, T, U) —Barrier Islands Low Chroma Matrix (TS7) _Sandy Gleyed Matrix (S4) _Delta Ochric (F17) (MLRA 151) (MLRA 15313, 153D) _Sandy Redox (S5) _Reduced Vertic (F18) (MLRA 150A, 150B) _Other (Explain in Remarks) _Stripped Matrix (S6) _Piedmont Floodplain Soils (F19) (MLRA 149A) _Dark Surface (S7) (LRR P, S, T, U) _Anomalous Bright Floodplain Soils (F20) _ Polyvalue Below Surface (S8) (MLRA 149A, 153C, 153D) 3Indicators of hydrophytic vegetation and (LRR S, T, U) _Very Shallow Dark Surface (F22) wetland hydrology must be present, (MLRA 138,152A in FL, 154) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No X Remarks: ENG FORM 6116 -2 -SG, JUL 2018 Atlantic and Gulf Coastal Plain –Version 2.0 U.S. Army Corps of Engineers Requirement Control Symbol WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region EXEMPT AR AR 335-15, See ERDC/EL TR -07-24; the proponent agency is CECW-CO-R paragraph 5-2a) Project/Site: 904 W. Corbett Ave. City/County: Swansboro/Onslow Sampling Date: 3/26/2019 Applicant/Owner: Pauline Stroud State: NC Sampling Point: Wetland Investigator(s): David Scibetta, SEGi Section, Township, Range: NA Landform (hillside, terrace, etc.): depression Local relief (concave, convex, none): concave Slope (%): 0 Subregion (LRR or MLRA): LRR T, MLRA 153A Lat: N 34.69870 Long: W 77.14037 Datum: NAD83 Soil Map Unit Name: Onslow NWI classification: PF01Cd Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) _Surface Soil Cracks (66) X Surface Water (Al) _Aquatic Fauna (613) _Sparsely Vegetated Concave Surface (68) X High Water Table (A2) —Marl Deposits (1315) (LRR U) —Drainage Patterns (610) X Saturation (A3) _Hydrogen Sulfide Odor (Cl) _Moss Trim Lines (616) _Water Marks (61) _Oxidized Rhizospheres on Living Roots (C3) _Dry -Season Water Table (C2) _Sediment Deposits (62) _Presence of Reduced Iron (C4) _Crayfish Burrows (C8) _Drift Deposits (63) _Recent Iron Reduction in Tilled Soils (C6) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (64) _Thin Muck Surface (C7) _Geomorphic Position (D2) _Iron Deposits (65) _Other (Explain in Remarks) _ShallowAquitard (D3) _ Inundation Visible on Aerial Imagery (137) X FAC -Neutral Test (D5) Water -Stained Leaves (69) Sphagnum Moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes X No Depth (inches): 7 Water Table Present? Yes X No Depth (inches): 0 Saturation Present? Yes X No Depth (inches): 0 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116 -2 -SG, JUL 2018 Atlantic and Gulf Coastal Plain —Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: wetland 8. Absolute Uominant Inaicator Total % Cover of: Multiply by: Tree Stratum (Plot size: 30' ) % Cover Species? Status Dominance Test worksheet: 40 20% of total cover: 16 1. Acer rubrum 80 Yes Number of Dominant Species FAC species x 3 = 2. 30 Yes FAC That Are OBL, FACW, or FAC: 2 (A) 3. UPL species x 5 = Total Number of Dominant Sapling/Shrub -Woody plants, excluding vines, less 4. 4. Species Across All Strata: 3 (B) 5. Percent of Dominant Species 6. 6. _ 1 - Rapid Test for Hydrophytic Vegetation That Are OBL, FACW, or FAC: 66.7% (A/B) 7. 8. Prevalence Index worksheet: 3 - Prevalence Index is s3.0' 8. Total % Cover of: Multiply by: 80 =Total Cover OBL species x 1 = 50% of total cover: 40 20% of total cover: 16 FACW species x2= Sapling/Shrub Stratum (Plot size: 30' ) FAC species x 3 = 1. Acer rubrum 30 Yes FAC FACU species x4= 2. 7. UPL species x 5 = 3. Sapling/Shrub -Woody plants, excluding vines, less Column Totals: (A) (B) 4. 9. Prevalence Index = B/A = 5. Hydrophytic Vegetation Indicators: 6. 11 _ 1 - Rapid Test for Hydrophytic Vegetation 7. X 2 - Dominance Test is >50% 8. 50% of total cover: 3 20% of total cover: 1 3 - Prevalence Index is s3.0' 30 =Total Cover Problematic Hydrophytic Vegetation' (Explain) 50% of total cover: 15 20% of total cover: 6 Herb Stratum (Plot size: 30' ) 1. Juncus effusus 5 Yes OBL 'Indicators of hydric soil and wetland hydrology must be 2. present, unless disturbed or problematic. 3. Definitions of Four Vegetation Strata: 4• Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. more in diameter at breast height (DBH), regardless of 6 height.• 7. Sapling/Shrub -Woody plants, excluding vines, less 8. than 3 in. DBH and greater than 3.28 ft (1 m) tall. 9. 10. Herb -All herbaceous (non -woody) plants, regardless 11 of size, and woody plants less than 3.28 ft tall. 12. 5 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 3 20% of total cover: 1 height. Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes X No Remarks: (If observed, list morphological adaptations below.) ENG FORM 6116-2SG, JUL 2018 Atlantic and Gulf Coastal Plain -Version 2.0 SOIL Sampling Point: Wetland Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Loc2 Texture Remarks 0-12 10YR 2/1 Mucky Loam/Clay 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: _Histosol (Al) _Thin Dark Surface (S9) (LRR S, T, U) _1 cm Muck (A9) (LRR O) _Histic Epipedon (A2) _Barrier Islands 1 cm Muck (S12) _2 cm Muck (A10) (LRR S) _Black Histic (A3) (MLRA 15313, 153D) _Coast Prairie Redox (A16) _Hydrogen Sulfide (A4) _Loamy Mucky Mineral (F1) (LRR O) (outside MLRA 150A) —Stratified Layers (A5) _ Loamy Gleyed Matrix (F2) —Reduced Vertic (F18) _Organic Bodies (A6) (LRR, P, T, U) _Depleted Matrix (F3) (outside MLRA 150A, 15013) X 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Redox Dark Surface (176) —Piedmont Floodplain Soils (F19) (LRR P, T) _Muck Presence (A8) (LRR U) _Depleted Dark Surface (F7) _Anomalous Bright Floodplain Soils (F20) _ 1 cm Muck (A9) (LRR P, T) _ Redox Depressions (F8) (MLRA 15313) _Depleted Below Dark Surface (A11) _Marl (F10) (LRR U) _Red Parent Material (F21) _Thick Dark Surface (Al2) _Depleted Ochric (F11) (MLRA 151) _Very Shallow Dark Surface (F22) _Coast Prairie Redox (A16) (MLRA 150A) Iron -Manganese Masses (F12) (LRR O, P, 1) (outside MLRA 138,152A in FL, 154) Mucky Mineral (S1) (LRR O, S) X Umbric Surface (F13) (LRR P, T, U) _ Barrier Islands Low Chroma Matrix (TS7) _Sandy _Sandy Gleyed Matrix (S4) _Delta Ochric (F17) (MLRA 151) (MLRA 1538, 153D) _Sandy Redox (S5) _Reduced Vertic (F18) (MLRA 150A, 15013) _Other (Explain in Remarks) _Stripped Matrix (S6) _Piedmont Floodplain Soils (F19) (MLRA 149A) Dark Surface (S7) (LRR P, S, T, U) _Anomalous Bright Floodplain Soils (F20) _ Polyvalue Below Surface (S8) (MLRA 149A, 153C, 153D) 3Indicators of hydrophytic vegetation and (LRR S, T, U) —Very Shallow Dark Surface (F22) wetland hydrology must be present, (MLRA 138,162A in FL, 154) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No Remarks: ENG FORM 6116 -2 -SG, JUL 2018 Atlantic and Gulf Coastal Plain –Version 2.0 Bailey Center 2019 IP Modification Supplemental Document 9F (-ii Appendix D Bailey Center Site Plan & Wetland Impact Map 11 (4/16/19) Bailey Center 2019 IP Modification Supplemental Document F (—ii Appendix E Current Site Condition Photos 12 (4/16/19) f \ hF� \ F r r \ G ' \ 100' 0 100' 200' 1 INCH =100 FEET 1 t \ r F \ \ Y4a..a... yaya...... a1aw.......w Y.......YY.J.a, ...ay.Y ......aiau .......w Y.......Y4 ��\ aOf BERMB5 i LEGEND: • i PROPOSED BIO• 'BB �(, '! \ NEW POND PIN1-1W TRACT 3 MAIN POOL >< rte 11.9AC PROPOSED WETLAND FILL (023 AC) r-.�1ac.v vaR1.a 1 NI \ WETLANDS WITHIN PROJECT AREA TO REMAIN (0.75 pf) IEOUTORiAPAIN- �f \ I NIrF �51h _ ..... FALL PROJECT LIMITS 7 1 \ \ \ PARCEL LINES PORTroN of TRACT z Ireland Ave\ s f! a aasaaaa asa •iar a a a .... •• 6£F�04L FdliTSQ \ EDGE OF rmlloO5LY- - FZr PONVERTE%ISTRIG POND TO FOREBAY � �� � •� ADDITIONAL WETUNDS �.,• T _. __ _ - TO BE FUED / \ - - I- N.C.S.R.1514 6o' R PHILLIPS LOOP ROAD sl N.C. HIGHWAY NO. 24 Ri R/W SPEED IJMrr 45 MPH I I{ d P / +t / -w - -- CAFE FEAR ENGINEERING 151 Pod* RA.,SuN* 100: Be1YNle, NC, 28451 TEL (s1o) xs-1o44: FAx (s1 o) saa-1oa5 "w. eapoloor*oylne*rin g. e NC LICENSE9G PRO,ECr �� NUNeFIt SCALE : NDTtu DATE : e MAY. 2019 SWANSBORO STARBUCKS CONCEPTUAL SITE PLAN AND WETLANDS FILL 557-67 EXHIBIT -1 (ODD -moi «nprmil Lmi Pmpd NEW D _� ISTORMDRINN 9 _.fF AD m t ERLYTIN4 IXLITQID uuln.PLTIrrtR n:RrmN S t it BLnLDIW; fFhE y51 t•Nrrs mT•I aFx�w * T BROD FYl � NEW STOFT + R xti ulnas. �Boge � BlfRNflj(1.11P) .. — Ll e i -E%PST fOREBAY r TO BE P410OVEP 4 RiEIE%IlT SO �' 1 - - I- N.C.S.R.1514 6o' R PHILLIPS LOOP ROAD sl N.C. HIGHWAY NO. 24 Ri R/W SPEED IJMrr 45 MPH I I{ d P / +t / -w - -- CAFE FEAR ENGINEERING 151 Pod* RA.,SuN* 100: Be1YNle, NC, 28451 TEL (s1o) xs-1o44: FAx (s1 o) saa-1oa5 "w. eapoloor*oylne*rin g. e NC LICENSE9G PRO,ECr �� NUNeFIt SCALE : NDTtu DATE : e MAY. 2019 SWANSBORO STARBUCKS CONCEPTUAL SITE PLAN AND WETLANDS FILL 557-67 EXHIBIT -1 (ODD -moi «nprmil Lmi Pmpd NEW D _� ISTORMDRINN m t ERLYTIN4 IXLITQID uuln.PLTIrrtR n:RrmN S t BLnLDIW; fFhE y51 t•Nrrs mT•I T P y r + •p t - - I- N.C.S.R.1514 6o' R PHILLIPS LOOP ROAD sl N.C. HIGHWAY NO. 24 Ri R/W SPEED IJMrr 45 MPH I I{ d P / +t / -w - -- CAFE FEAR ENGINEERING 151 Pod* RA.,SuN* 100: Be1YNle, NC, 28451 TEL (s1o) xs-1o44: FAx (s1 o) saa-1oa5 "w. eapoloor*oylne*rin g. e NC LICENSE9G PRO,ECr �� NUNeFIt SCALE : NDTtu DATE : e MAY. 2019 SWANSBORO STARBUCKS CONCEPTUAL SITE PLAN AND WETLANDS FILL 557-67 EXHIBIT -1 ( l'AP(1V � ` mma J�DFILYPA�TED� \ , �4 rT,•i"n' NOA3fALltlOLFItYAiffll�.'Sa5-� r f e. 4 � wlttfo%g.s \ mCAn1 ewuREcsTROYn — nEID1.2MR� 1rrovacuT r �wxn,u.•as _ L/ nra+etvs _� StiA\"•'P41Nrrri'JACRD}T'rIJI-1]L ` LE£J)EDOE. ir1.P.14S 3JJ SN.fTST1DRr)P.TPK � ` ,urlrwK3.-PAGEJn �— — \ JERATWtr(RM}-STF.UtlDH rTr J \ \ _' \ DLFD OX+l: a35r, 4.4:E�9 / / \� IFPPYW1rEAN.C4TRDCDO\M \ \ \ nmrDmKxRs4 rw[s43 5 srA1 wsD PNi U%rK�; P.VY,39 tV FX3�•7Ry \ \ \ StYA?Srngon+KK y�prrc \ \\ JssrMD[Ssrm[rn p r�-e� • mnsekuDPR `\ � \ I I A rv?� t EACEW U➢IIDIA %�4 l'AP(1V � --' '1 k;ill�[II:,RIY,Kt mma 11 izI r�RDfA / '�•• , �4 rT,•i"n' NOA3fALltlOLFItYAiffll�.'Sa5-� r ar \ \. 4 � wlttfo%g.s - p\ pr8, LUY:.as �\ , �+� is , 296 N BASIN , �.r•-- �,e�y�$r( 49.877 SF fj/]r'o:sr,n 5 7aaosP TOTAL ONSITE ErIPERVR)US= PHILLIPS LOOP ROAD � ��..e+,•v .\t \ l C� I � ' , : ',r i '/ \\ C Cry 1 I r 1 a p ♦ :if::' 3�-SQTj . tr,.i 2Na \ \ 2q, �RfAaOA M lED .\4:_. rmin[asTkulm .- \ PuswnJ ,Tis:rnauPuuL .:.. If nI/ 'K• \•. I , ' \ /• � ru "' :p} � I' � \v f TfYJIRL1 PkOYtY[If�I1L V � / s.`va--�.�A P PD Q 4f nLt9 WDESM.P.uR: stG fff IUCIf DRP S •4' � 1 :�< I' Pn.tED D -r SPIE DATA: PROPL'RTYADDRESS: Bio W CORBEITAVE(NCHKT24) SIYANSBOR O, NC 28584 CURRENT OWNER: BATISE Y & FUId.ER PROPERTIES, LLC P.O. BOX 400 JACKSONVILLE. NC 28451 ONSLOIVCOUNTYPINS: 53%209-325.53552o903228r & PART OF535.52o9a2562 TOTALTRACTAREA: �z.64AC.(u4,90o.T1SF) CURRENTZONING: B4 SETBACKS: FRONT REQ'D=25' PROP=7y REAR REQ'D=1o' PROP-- 74! SIDE REQ'D= o2/o'R PROP= 687474R EXISMG LAND USE: A --' '1 k;ill�[II:,RIY,Kt mma 11 izI r�RDfA / z �PAmrn. t �bb eT.134'n � - GROSSFLOORAREA: — -- � '--� -- 20,286 SF (17.7%LOT COl RRAGE) CVRDI?I.ET-•� Tor.3�re BUU.DING IM011T: TBD (35' MAX) �z IYti'-�33i � .T B UILDINGS= 286SF PAVED PARKING= 49.877 SF N.C.S.R.1514 6o' R/ 7aaosP TOTAL ONSITE ErIPERVR)US= PHILLIPS LOOP ROAD .- F]81TdiT1FPA5[aP;FFYjUTAFD� Prtx3NTDiYTR&1 YiErorz3:vrDnc[Jtw 14dEIDETYAII� /J I fi I i I i - EOo FAv _--- 1 I 'K• \•. I , ' \ /• � ru "' :p} � I' � \v f TfYJIRL1 PkOYtY[If�I1L V � / s.`va--�.�A P PD Q 4f nLt9 WDESM.P.uR: stG fff IUCIf DRP S •4' � 1 :�< I' Pn.tED D -r SPIE DATA: PROPL'RTYADDRESS: Bio W CORBEITAVE(NCHKT24) SIYANSBOR O, NC 28584 CURRENT OWNER: BATISE Y & FUId.ER PROPERTIES, LLC P.O. BOX 400 JACKSONVILLE. NC 28451 ONSLOIVCOUNTYPINS: 53%209-325.53552o903228r & PART OF535.52o9a2562 TOTALTRACTAREA: �z.64AC.(u4,90o.T1SF) CURRENTZONING: B4 SETBACKS: FRONT REQ'D=25' PROP=7y REAR REQ'D=1o' PROP-- 74! SIDE REQ'D= o2/o'R PROP= 687474R EXISMG LAND USE: A VACANT mma PROPOSED LAND USE: z RETAH41AuLTI-PURPOSE 4VS.TlJ3 GROSSFLOORAREA: 20,286 SF (17.7%LOT COl RRAGE) BUU.DING IM011T: TBD (35' MAX) �z ONSITE IMITAVIOUS SURFACES: .T B UILDINGS= 286SF PAVED PARKING= 49.877 SF CONCRZsL6SmRWALK.S= 7aaosP TOTAL ONSITE ErIPERVR)US= 77.163 SF (67.2%) OFFSITE IMPERVIOUS SURFACES: ACCESS DRIVE = 7,611 SF PARKINGMW REQUIRED: (RErAlLUSE/MULTI-PURPOSE:ISPACEPER3oo SFOFBLD.) TOTAL PARKING REQUIRED: 20,286/3oo= 68 SPACES TOTALPARM NG PROVIDED: 93 SPACES (4 HC) PARKING LOT INTERIOR LANDSCAPING: REQUIRED: %990SF(49.&77SEX8%) PROVIDED: 6,683 SF \(yP suD�blt any y� ' i ar. ' _ ; ` Ds� T1r rAcu[ �fnT a3 DEVELOPA"INTROTE& '4r >`f� I-'ygp�;(u&, 4) IIucsza l: / f. ALLDEVFIAPSIFMSTLAiSDEh.'AOWP.DdS�Hia170LYVOPSWANSdORo7-0NLYG ORUIILICE rR�s I IkTP_I3257 I 3`z )t 'w . l Rrt / t. 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AILDISrAN'MSEI05YNHFlFO]AiEN.0ODDDFS7ANCFSDNLSOCEEW8NUE AS.DFBFANFLIYUAYEF.BgNFXISANDAiGFISOF77ZIRAA'CEAVO `j Tx_rxsTsBroPsrsssre;r.v-^ bMM'M'CEA 85oaffL SALLELLVATO\ ln3MDVAREB XnEEtCNAVD 6. UNDEt(ROUNDtMLUYLEiMAIDFORCEMMTAMFNt2r8DA0MMY OTHPPS GI4IIRALN011L4: - - - - - - - ---�- . - - - L LHPAACrJL% MIS. SE NALJ IECITUCUATIfTUBE NLtCOD S)MCES APP80lTUTAAFFTC SWANS AROAND 'CDOr DRAl1VEf1�7159UDETVCWVrDASNECES4MYPRA'I6[4NOF •-'^ SYlANSDORO ANDATDOT z ALLRUNOFFM)IIMPMVIOUSSURFACF.S7UBFFDUIYMTVSWH31WATERFACILXM SUESALLRESfABfU)PDSFFDPRWa7OTNEMUA'.NEOFTA8CMMCA71O YOEOCCUORGUTEEODDEPDODIICABL 4. NO C%NGETroAN"=OFTHISS=P LDrQBUrN0rL rA �. :4,LGiDMORUILM=iYflB6AADEtYMOUrT)IETDNGRADNG,DURnING72"ATiO -- -- -- APPROVAL U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT JAN 2 2 2018 saw 2- og _ o DRAWING# z of 2� LiJGERID PV IAA,`LFOirCallEf litPR+aHPEfD,.RIXf M ernPnan urtvuR IPDfI]69DPSR+DLL•R NPa L\'12T � eroetanm3:twiat �® mvrnnaaDs o IA. L%LJTmuv,nme[af]tn r'Si-1r4t,VO164,'AY8[ORO PFgDPJ.PLM1Vn1' 40' 2d d 40' Bo REVISIONS CLIENT INFORMATION: BAILEY & PULUMPROPERT(ES.1,LC P.O. BOX 400 JACESOIYV B.LE, NC 28451 (910)346-8443 ' •TAE 5HEET=E A M'D1tA LiaO:ID: LOC DATE W I -v H 5W z [w ° W U m r) �z a � CLIENT INFORMATION: BAILEY & PULUMPROPERT(ES.1,LC P.O. BOX 400 JACESOIYV B.LE, NC 28451 (910)346-8443 ' •TAE 5HEET=E -6 M'D1tA LiaO:ID: LOC DATE W I -v APPROVED. GDC PRODrcr MAIDEA: :017-034 DRAR'L\C\[GIDPA: C-1 tC4'I