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20050834 Ver 4_401 Application_20150415
5F-6i southem Environmental Group, Irnc 5315 soutk College Road, suite E Wilmington, Nortk Carolina 28+12 910 452 271 1 (office) 9 10 452 2899 (fax) SEd P oleo # ` 04'µ010 Ol � USACE-A1U# SAW - 2005 - 01325 ° 6 b DWRProlect #a 050834Modificahon` 31 Transmittal Letter Date: 1 April 2015 To: Ms Karen Higgens Of: NC Division of Water Resources — Raleigh Oversight Attached you will find:* ❑ Proposal ❑ Sketch(es) ® Permit Application ❑ Signed Wetland Map ❑ Photo(s) ❑ JD Package ❑ Report(s) ❑ Plans ❑ Information Request ❑ Other I Copies Dated Description 4 I 4/1/2015 The Willows Individual Permit Application with Accompanying Attachments and Filing Fee These are beins delivered ® For your Review /Comment ❑ Corrected and Returned ❑ Other By Hand Delivery Notes: "If noted items are NOT attached, please contact our office ❑ For your Records ❑ Returned for Correction(s) ❑ For your Signature ❑ As Requested ❑ Fed -Ex ❑ UPS ❑ Regular Mail ❑ Other Karen, a copy of this permit has been hand delivered to Chad Coburn, at the WiRO As always, feel free to call if you have any questions Signature and (Typed) Name- D a A. Lutheran Date 1 April 2015 1 of 2 US ARMY CORPS OF ENGINEERS 4o®'s-0 if APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT ,�� / OMB APPROVAL NO 0710-0003 Y 213 `�" EXPIRES 28 FEBRUARY 2013 33 CFR 325 The proponent agency is CECW -CO -R The Puobc burden for this collection of information is estimated to average 10 hours per response, although the majority of applications should require 5 hours or less This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information Send comments regarding this burden estimate or any other aspect of this collection of information. including suggestions for reducing this burden to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports 1215 Jefferson Davis Highway Suite 1204 Arlington VA 2220211302 and the Office of Management and Budget Paperwork Reduction Project (0710 - 0003). Washington DC 20503 Respondents should be aware that notNithstanding any other provision of law no person shall be subject to anj penalty for failing to comply with a collection of information if it does not display a current valid OMB control number Please DO NOT RETURN your forms to either o those addresses Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity 6 a lrr= ���u�0\ FI v PRIVACY ACT STATEMENT U L� Authorities Rivers and Harbors Act. Section 10 33 USC 403 Clean Water Act Section 404. 33 USC 1344 Marine Protection. Research and Sanctuaries Ac -Li 4L3 Section 103 Principal Purpose Information provided on this form will be used in evaluating the application for a permit Routine Uses This information may be shared with the Department of Justice and other federal, state, and local government agencies Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated not can a permit be issued One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity An application that is not complete in full will be returned (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1 APPLICATION NO 2 FIELD OFFICE CODE 3 DATE RECEIVED 4 DATE APPLICATION COMPLETED (ITEMS BELOW TO BE FILLED BY APPLICANT) 5. PROPERTY OWNER and /or APPLICANT NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required) Property Owner— Pharmlogic, LLC (see Attachment l — Southern Environmental Group, Inc. (Dana Lutheran) Supplemental Information) Applicant — The Willows Development Corporation 6. APPLICANTS ADDRESS 9. AGENT'S ADDRESS 622 Timberlake Lane, Wilmington, NC 28411 5315 South College Road, Suite E, Wilmington, NC 28412 7. APPLICANT'S PHONE NOS. W /AREA CODE 10. AGENT'S PHONE NOS. W /AREA CODE a. Fax: NA a. Office 910.452.2711 b. Business 910.443.4454 b. Mobile 910.0228.1841 11. Statement of Authorization I hereby authorize, Southern Environmental Groum Inc. to act in my behalf as my agent in the processing of this application and to furnish. upon request, supplemental information in support of this permit application. See Attachment 2 - Agent Authorizations APPLICANT'S SIGNATURE DATE NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (if applicable) The Willows Subdivision - Extension of Curran Court ( SEGi Project #: 04- 010.01 ) 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable) Sturgeon Creek and Brunswick River (see Attachment 1 — Supplemental Information) See Attachm mation 15. LOCATION OF PROJECT PAIPR a Brunswick County NC COUNTY STATE Y 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see Instructions) DENR . W State NC Tax Parcel ID 0370005505 See Attachment 2 — Supple SOURCES RM1T'r (NQ Municipality Leland Section Township Range 17. DIRECTIONS TO THE SITE: From the USACE Wilmington District Office, located at 69 Darlington Avenue, take a right onto Darlington Avenue, then take a left onto Market Street (US 17 Business). Follow US 17 Business, over the Cape Fear Memorial Bridge and into Brunswick County. Take the Leland, Hwy 133 Exit. At the light, take a right onto Hwy 133 North. At the second light, take a left onto Northgate Drive. Follow Northgate into The Willows Subdivision. Take the fourth left, onto Willows Creek Lane. The impact area is located at the terminus of Curran Court, which is on the left side of Willows Creek Lane. See Attachment 3 — Vicinity Map. 1 of 2 19. PROJECT PURPOSE: (DESCRIBE THE REASON OR PURPOSE OF THE PROJECT, SEE INSTRUCTIONS) The purpose of the project is to extend Curran Court, which would provide access to four (4) buildable lots within an existing subdivision. Work is expected to begin as soon as USACE and DWQ authorizations have been secured and should be completed within l year of the commencement date. USE BLOCKS 20 -23 IF DREDGED AND /OR FILL MATERIAL IS TO BE DISCHARGED 20. REASON(S) FOR DISCHARGE The fill is necessary to facilitate the installation of a road and cul -de -sac (i.e. extension of Curran Court — see Attachment l). 21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS Type Clean earthen fill material will be used Amount (CY) 232 CY 22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED: (SEE INSTRUCTIONS) 3134 SF / 0.07 AC is proposed to be filled (see Attachment 1 — Supplemental Information. 23. DESCRIPTION OF AVOIDANCE, MINIMIZATION AND COMPENSATION (SEE INSTRUCTIONS) Please see Attachment l - Supplemental Information for a history of the project. 24. IS ANY PORTION OF THE WORK ALREADY COMPLETE? YES X NO IF YES, DESCRIBE THE COMPLETED WORK Impacts to wetlands have taken place within Phase 1 (0.43 Ac). However, the impacts being sought with this request has not taken place. Please see Attachment 1 - Supplemental Information for a history of the project. 25. ADDRESSES OF ADJOINING PROPERTY OWNERS, LEASES, ETC., WHOSE PROPERTY ADJOINS THE WATER BODY (IF MORE THAN CAN BE ENTERED HERE, PLEASE ATTACH A SUPPLEMENTAL LIST Please refer to Attachment l — Supplemental Information for details. 26. LIST OF OTHER CERTIFICATIONS OR APPROVALS /DENIALS RECEIVED FROM OTHER FEDERAL, STATE OR LOCAL AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION. A Division of Water Recourses 401 Major Certification is being requested concurrently with this application. The Applicant secured a NC Post Construction Stormwater Permit, as well as a Sediment and Erosion Control Permit, in 2006. Please see Attachment 1 — Supplemental Information for details of these permits. 27. Application is hereby made, for a permit or permits, to authorize the work described in this application. 1 certify that the information in this application is complete an accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. Signature of Applicant Date Signature of Agent g�a Date The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block l l has filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or make any false fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned no more than five years or both. Please see Attachment 1 — Supplemental Information, for details of the project. 2 of 2 a. Attachment 1 The Willows Subdivision — IP Supplemental Information USAGE Action ID #: 200501325 DWR Project #: 050834 Modification Prepared for The Willows Development Corporation 622 Timberlake Lane Wilmington, NC 28411 910.443.4454 Prepared By Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, NC 28412 910.452.2711 Date April 1, 2015 The Willows IF `9upplemental Information Table of Contents Section Title Page I Purpose and Need 3 II. Project History .. 3 A USACE Jurisdictional Determination 3 B Wetland Permitting 3 C Wetland Mitigation.. 3 III Current Project Status ... 3 IV. Project Description... .... 4 V Avoidance and Minimization . 4 VI Alternatives.... .... ....... ... . ........ ..... . 4 A. No Action . ...... ...... 4 B Bridging the Wetland . 4 C Preferred Location... ... 5 VII Adjacent Property Owners. ...... 5 VIIl. Sequence of Events.. .......... ....... ..... ...... 5 IX. Compensatory Mitigation . . ......... 5 XConclusion... ......... .. . .......... ..... . ............ . 6 Appendices A Brunswick County GIS Information Page . ................ B. 2006 USACE Jurisdictional Determination...... ....... ii C. 2006 Site Plan ................. ... ..... . ...... .. .... III D. USACE Nationwide Permits and DWR Mayor Certifications Issued 2006 . ........ iv E 2014 Google Earth Aerial Photograph ... . ....... v F. 2011 Mitigation Monitoring Report ... ......... .... ..... v) G Extension of Curran Court Site Plan.... ....... ...... ...... vii H. Adjacent Property Owner Key Map ... ...... . . . viii 1. Lower Cape Fear Umbrella Mitigation Bank Reservation Letter ..................... ix 2 The Willows IF 5upplemental information 9E.Gi I. Purpose and Need Pharmlogic, LLC has acquired a 59.52 acre parcel (Brunswick County PIN 0370005505), which is located within the existing Willows Subdivision, in Leland, Brunswick County, North Carolina (see Appendix A). In 2006, the majority of the parcel was classified as Section 404 wetlands, by the USACE (please refer to Appendix B) However, within the acreage is an upland island that consists of approximately 1 11 acres, upon which The Willows Development Corporation (herein referred to as the "Applicant'') wishes to extend Curran Court The extension of the road will provide access to four (4) buildable lots (see Appendix C) Unfortunately, to facilitate the construction of the access road, the fill of 0 07 -acre of Section 404 wetland is necessary II. Project History A. US Army Corps of Engineers (USACE) Jurisdictional Determination (JD) Prior to development, The Willows Development Corporation obtained a preliminary JD for the entire tract, which was issued with the Nationwide Permit (see Appendix B). B. Wetland Permitting In 2006, the Department of the Army (DoA) and Division of Water Resources (formerly Quality - DWR) authorized the permanent impact of 0 43 acre and temporary impact of 0.12 acre of wetland, which was necessary to facilitate the installation of roads and infrastructure. The authorizations came in the form of Nationwide Permits 12 and 14 and Water Quality Certifications #3404 and #3374 respectively (see Appendix D) C. Wetland Mitigation To compensate for the authorized impacts, the Applicant was required to provide the following mitigation 1. Wetland Creation Component — Creation of 0 48 acres of non - riparian wetlands was to be undertaken Long term monitoring, for a period of 5 years, was required, as part of this mitigation component (USACE), 2 Preservation Component — The preservation of 12.51 acres of unaffected wetlands and 4 83 acres of upland buffer located within the Willows S D. was to take place (USACE), 3. Signs and Monuments — Several permanent monuments (i e anchored, metal pipes) were to be placed along selected points and verified by a certified land surveyor (USACE); 4 Deed restrictions were to be placed on all lots that contained wetlands within their property boundaries (DWR); and 5 Certificate of Completion — Upon completion of the impacts, a Certificate of Completion was to be submitted to each agency III. Current Project Status To date and with regard to wetland permitting and impacts, the following has taken place- 1 Development — The majority of the subdivision has been built out, except for a portion of Cottage Field Lane, which is only 70% complete and very few houses exist (see Appendix E), 2. Wetland Impacts — All the authorized impacts have taken place; 3 Wetland Creation - Wetland creation was constructed in accordance with the specifications and plans shown in The Willows Mitigation Plan The last monitoring report for this site was submitted to the USACE in June of 2011 (see Appendix F). No further communication was received from the USACE regarding the subject, after the last monitoring report was submitted 3 Tke Willows ff ,5upplemental Information SE-Gi 4 Wetland Preservation — The Willows Development Corporation, has executed and caused to be recorded, in the Brunswick County Register of Deed, a Declaration of Restrictive Covenants and accompanying exhibit A copy of the recorded documents was submitted to the USACE with the last monitoring report; 5 Signs and Monuments — Steel posts were inserted into the ground, in the specified locations The USACE was notified of this in April 2006 6 Deed Restrictions — SEGi was unable to determine if deed restrictions were placed on lots with wetlands, and 7 Certificate of Completion — A Certificate of Certification was submitted to each agency IV. Project Description The Applicant anticipates impacting 0 07 -acre of Section 404 jurisdictional wetlands with the extension of the road into a cul -de -sac (see Appendix G) Heavy machinery, such as a bulldozer, grader, back hoe, and track hoe, will be utilized during the construction process The machinery will be used to clear the land, stabilize the soil, establish grade and to transport and deposit the proposed fill material within the project boundaries. Sediment and erosion control measures will be installed prior to commencement of land disturbing activities. Coastal wetlands are not anticipated to be impacted by this project, and the project is located outside any Areas of Environmental Concern (AECs) A Coastal Area Management Act (CAMA) Consistency Determination is being prepared concurrently with this permit application and will be submitted to the USACE and DWQ upon issuance Threatened and Endangered Species and archaeological assessments were conducted, as part of the original submittal of Pre - Construction Notification It is not anticipated that either of these two issues are of concern V. Avoidance and Minimization The proposed impact was part of the preliminary site plan, but was surrendered, due to the fact that the impact would cause total permanent impacts to exceed the NWP acreage threshold (i.e., 0 50- acre); subsequently elevating the authorization to a DoA Individual Permit; which, at the time, was not economically feasible Unfortunately, the 1 II -acre upland area is surrounded by wetlands, thus avoidance is not possible The impact encompasses only the area necessary to install a road and cul -de -sac that meets NC Department of Transportation (NC DOT) road design requirements VI. Alternatives The Applicant invested money in the property anticipating being able to build 64 of houses (60 houses on Cottage Field Lane and 4 on the subject upland island) The Applicant investigated other potential means for developing the subject area, and has been unable to find a practicable alternative that would achieve his goal and meet his stated purpose A. Alternative 1. — No Action The "No Action" Alternative (leaving the proposed impact area undeveloped) would not be economically feasible, as the four buildable lots would not be accessible and therefore, the Applicant would not be able to sell the properties Thus, the No Action Alternative is not economically feasible. B. Alternative 2. — Bridging the Wetland Bridging the wetland would be an expensive endeavor, as the structure would be required to meet NC DOT Bridge Standards. This option would also include impacting wetlands First, footers would be required (i e Fill). Second, the terrain makes it impossible to elevate the structure to be at least 3' above the substrate. This 4 The Willows JF,9upplemental Information would create a shading effect (i e removal of function) For these reasons, bridging the wetlands is not an economically feasible or practicable alternative C. Alternative 3 — Current Location The proposed is the preferred alternative, as it provides the location specific impact necessary to meet the purpose and need of the project The economic vitality of the project lies within the Applicant's ability to provide buildable lots for houses that will fit in harmony with the PUD Being in close proximity to Wilmington, but not located within New Hanover County, where taxes are higher, the town of Leland is and has been a thriving community It is important to note, that this road crossing has been on the plans since the inception of the project and the Applicant has a home builder, who has stated he will buy the subject lots, once the permits to impact wetlands has been secured VII. Adjacent Property Owners The following properties have been identified, as adjacent to the project location. Map Key Parcel ID Owner Address City State Zip Code 1 0381BO12 STARKEY TIMOTHY D ETUX NERISSA D 2097 WILLOW CREEK LANE LELAND NC 28451 2 0381BO13 NICHOLSON JEROME B ETUX PATRICIA A 2105 WILLOW CREEK LANE LELAND NC 28451 3 03818014 LEE RACHEL L ETVIR JOHN T 2109 WILLOW CREEK LANE LELAND NC 28451 4 0381/3016 AMERICAN RESIDENTIAL LEASING CO LLC 21001 N TATUM BLVD PHOENIX AZ 85050 5 03818017 EVANS ZACHARY S 2419 RED MAPLE CI LELAND NC 28451 6 03818018 SLADE JOHN R ETUX KARLA P 2423 RED MAPLE CIRCLE LELAND NC 28451 7 0381AO53 HOWELL WILLIAM P ETUX CATHERINE C 1041 STONEY WOODS LANE LELAND NC 28451 8 0381AO52 MORRIS JARED D ETUX SHELLY WELBORN 1039 STONY WOODS LANE LELAND NC 28451 9 03EIA051 WASHINGTON OMAR S 9112 ARDEN ROAD NE LELAND NC 28451 10 0381A050 YOUNG DAVID R ETUX BONNIE A 1033 STONY WOODS LANE LELAND NC 28451 11 0381AO47 CAYTON MICHAEL W & SAMANTHA 1012 SWEETBAY CIRCLE LELAND NC 28451 12 0381AO46 CRISPELL MARK A ETUX SUSAN 1011 SWEETBAY CIRCLE LELAND NE 28451 13 0381AO45 JERNIGAN DAVID B ETALS 1007 SWEETBAY CIR WILMINGTON NC 28412 14 038113009 DWYER TYLER D ETUX BRITTANY LYNN 2081 WILLOW CREEK LANE LELAND NC 28451 15 03816010 VILLAGE BUILDERS OF WILMINGTON LLC PO BOX 3424 WILMINGTON NC 28406 16 0381B011 I SHAW JEREMY E & BRITTANY N HARRIS 1 2093 WILLOW CREEK LANE LELAND NC 28451 Table 1 Adjacent property owners — See Appendix H, for details of their location relative to the impact VIII. Sequence of events The Applicant has secured stormwater and S &EC permits, thus work is to commence as soon as DoA and DWR approvals have been issued The work will consist of clearing the land, removing the hydric soils from the impact area, installing utilities, back - filling the area with clean earthen fill to establish grade, applying crush and run, installing curb and gutter, then applying asphalt Upon completion of that work, the slopes of the crossing will be graded to a 3 1 slope, seeded, and covered with excelsior matting or straw. IX. Compensatory Mitigation Mitigation for previously authorized impacts has been fulfilled Based on the type of wetland being impacted (i e pine flat) and its functional value being low, the Applicant is proposing to offset the new impact with payment to Lower Cape Fear Umbrella Mitigation Bank (LCFUMB), at a 1 4 to 1 mitigation -to- impact ratio or purchasing 0 10 -acre of non - npanan wetland restoration credit, to offset the 0 07 -acre of proposed impact SEQ and the Applicant believe that the proposed mitigation is sufficient to offset the impact A letter of acceptance, from LCFUMB, has been attached to this document (see Appendix 1) 5 The Willows JP `supplemental Information 5EGi X. Conclusion In conclusion, in order to facilitate the extension of Curran Court, which would terminate into a cul -de -sac that would provide access to four buildable lots, the fill 0 07 -acre of USACE Section 404 pine flat wetlands will be necessary Avoidance and minimization efforts were incorporated into the plan during the design phase of the project. The Applicant proposes to offset the impact with payment to the LCFUMB, for 0 10 -acre of non - riparian wetland credit The Applicant and SEG1 feel the project is the least environmentally damaging, practicable alternative. M The Willows JP supplemental Information Appendix A Brunswick County GIS Tax Information for the Subject Parcel Brunswick County NC GIS .a f Sekiya.. O r iRM, ��. `.'- _ �`a�, 'rte • 't'�` �a 'a �� �,J ,` ;� `• Uy �-i. �.'� : 'r�i/�j��'yi'r b Ai 4 j}.f•'/% y�4� J �/yJ}p �..' � i � ..b' �' f .. � - 5 „-,.. n 4v+.. L ,y'} • F y -� •I. f. WL March 26, 2015 PIN: 219712853737 PARCELID: 0370005505 OWNER: PHARMLOGIC LLC UIIhIUI( v L✓C' 1 = 400 Feet ADDRESSI: ADDRESS2: 6310 SEAMIST COURT CITY: WILMINGTON STATE: NC ZIPCODE: 28409 D PARCELDESC: 59.52 ACRES US 17 & 74-76 DEEDDATE: 10/26/2013 DEEDBOOK: 3479 DEEDPAGE: 0897 PLATBO K: II PLATPAGE: null PLATDATE: ACREAGE: 59.52 TOWNSHIP: TOWN CREEK DEFERREDVAL: 0 P'i S2015 LANDVAL: 571390 OTHERVAL:0 HOMEVAL: 0 TOTALVAL: 571390 FIRECODEID:07 FIRECODENAME: Lela d DEN I DedWa— Map aed parcel dam are oefimed n be accurate. nu a=re y 1, od gimraNeed Tnm it mi oieq.i d—mmf aed ,hm,m ea ne a b0l,,fM rT a fkb aearm.9epalaal. ao„,ev.or rer r _ 14: q,wA7ER ppo_. The Willows IF ` )upplemental Information FCjl Appendix B 2006 USACE Jurisdictional Determination 200501325 Determination of Jurisdiction: ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 33 1) ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification ❑ There are waters of the US and/or wetlands within 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 ® The jurisdictional areas within the above described project area have been identified under a previous action Please reference jurisdictional determination issued 03/18/2003. Action ID 200200709 Basis of Jurisdictional Determination Wetlands on site as described by Corps 1987 Delineation Manual. Corps Regulatory Official Thomas Farrell Date 4/26/2006 Copy Furnished: cc: Noelle, Lutheran, NCDENR, Wilmington. Dana Lutheran, SEG1, 5313 S. College Road, STE E, Wilmington, NC 28412 Attachments Attachment I: Nationwide Permit 12 plus General and Regional Conditions. (24 pages) Attachment 2: Nationwide Permits 14 plus General and Regional Conditions. (22 pages) Attachment 3: Special Conditions (2 pages) Attachment 4: Vicinity Map and Project drawings (26 pages) Attachment S: Certification of Compliance (1 page) Attachment 6: Declaration of Covenants (4 pages) Attachment 7. Mitigation Plan and drawings (10 pages) Attachment 8: Installing Monitoring Wells /Piezometers in Wetlands (17 pages) Page 2 of 2 T6c Willows IF upplemental Information 9 F-C i Appendix C 2006 Willows Site Plan ffil SITE E VICINITY MAP NR ] X 6 W 4 %6'Po V2 UIBED J FEET ENOt9E W COK RM V i X 4- (&TERMTE EROW BMfJ() FENCE t SOR P 5 R W Q. 1.5 35 5 SLOPE AS REO D 1 /2' /Fi 21 �j SECTION A -A CUL -DE -SAC TYPICAL SECTION NTS / PROPOSED 30' WIDE \ 4 UTILITY FASFIA R/N 50 �1�NNL ea MxnlEaoR coe / SLB- flRl�S6ED $��j}'�M NQ - SITE DATA TOTAL SITE AREA 5911 ]4898 SF (13570 ACRES) R/W EJOSIING ZONING C2 (COMMERCIAL) EXISTING WETLAND — VB — WB — WB — PROPOSED REZONING PUD DUSTING USE VACANT - - -- - -- EXISTING LOT LINE to EXISTING RIGHT OF WAY PROPOSED USE PLANNED UNIT DEVELOPMENT EXISTING PROPERTY LINE _— ------ - - - - -- EXISTING CONTOUR a+orx�soE ONIN R O IR M NT REQUIRED MOVIDEO/PROPOSED PROPOSED RIGHT OF WAY — - - — - - — - - — PROPOSED LOT LINE MAMMUM GROUND COVERAGE 543 ACRES(4CV - ACRES( -wo —w —V —V PROPOSED WATER ® MINIMUM OPEN SPACE /ACTIVE AREA 295,557 SF (6 785 a 2,903,871 SF (66.6ft PROPOSED SILT TRAP �r- x-- �iF--- a--- -fr --�sr— PROPOSED SILT FENCE (73,889 SF [1 696 ac) ACTIVE) (68,412 SF (2.02B o j ACTIVE) PROPOSED DISTRUSED AREA SCALE. 1" = 200' 0 MAMMUM BLDG IW"T 35 25' W6NU4 BUILDING SEPARARq. 15 15 YIN FRONT YARD SETBACK 25 25' 6, RaJ- CUR6 AkK REAR YARD SETBACK 1G IV (NCDOO OvPKAW SIDE YARD SETBACK 75 75' SPEED LIMIT 25 MPH 25 MPH DENSTY UMITATION 814 UTJITS MAX. © (6 UMTS PER ACRE) 288 UNITS ® (1 97 Uh715 PER ACRE) IMPERVIOUS AREA BUILDINGS, 1000,060 SF ASPHALT /CURB NY GUTTER 422,180 SF SIDEWALKS /CONCRETE 42.460 SF TOTAL IMPERVIOUS AREA 1 524600 SF PERCENT IMPERVIOUS 258X NOTES PARIONC 1 STREET UGHTS ARE REQUIRED AND WILL BE PART OF THE 2 SPACFS PER UNIT - 600 SPACES REQUIRED PRO.ECT 620 SPACES PROVIDED 2 ENTRANCE AND PARKING AREAS SHALL BELANDSCAPED PER TOWN OF LEWIO REOUIREMENTS SOIL TYPES BAYMEADE 3 ALL STREETS SHALL BE PUBLIC. 4 A HOMEOWNERS ASSOCIATION SHALL BE CREATED PER LOCAL (SEE SOILS NAP) LEON STATE AND FEDERAL REOUIREYENTS FORESTON 5 THIS SITE IS NOT IN A FLOOD PLAN ML RNLLE 6 ALL ROOF DRAMS FROM MOLD- FAMILY UNITS AND AMENITY STORMWATER MANAGEWENT SYSTEM FOR POND #1 OR POND P- E �+ ♦'�k r n V :lJt �',� .+i -�q 71111 =�If, � y ♦ \.i RN 'M� ��� a i BURNER __; - 1 FUTCFi TRACT 7� SE I i ® ®, CID ®® ® 4 / \ ® ® QWD ♦ QD CID CID - \ `\ \- ` - `=- .t.. - -\ = \�� -- --•L ®® i� /may /Aiy-= 15�'�FENCE SjfE /gip / ��,.���;,_� '��\ �'����_ ® /%���"� = % //� ��Jvt ✓I�j� hot °� frA!'�' /��/� // // AVERAGE LOT SIZE / PKASE 1 7,194 SF .wl STR CT V (SW81 18 109) I O Q N ID Z 1 APR � 5 20 LEGEND EXISTING WETLAND — VB — WB — WB — EXISTING WETLAND BOUNDRY - - -- - -- EXISTING LOT LINE - EXISTING RIGHT OF WAY — - - — - _ _— EXISTING PROPERTY LINE _— ------ - - - - -- EXISTING CONTOUR EXISTING SPOT ELEVATION - - PROPOSED RIGHT OF WAY — - - — - - — - - — PROPOSED LOT LINE —n —SS— PROPOSED SANITARY SEWER —w —V —V PROPOSED WATER ® PROPOSED RIP RAP ENERGY DISSPATOR ® PROPOSED SILT TRAP �r- x-- �iF--- a--- -fr --�sr— PROPOSED SILT FENCE — DA -- DA — DA -- PROPOSED DISTRUSED AREA SCALE. 1" = 200' 0 200 400 500 Q Z O Z a- >_0 W o Q r��- M VJ U Tl) I--' cc Q O0 Z W 3: Z W O F- QQEo 9 5 � i �a 3: �y • �j M M w o V) W {�wyf z 0 � PROJECT # rANr JPN aT P,.k ax. RDr SHEET 11, G'} ". V I 1 cvb The Willows IF 5upplemental Information ,c} (- i Appendix D 2006 USAGE Nationwide Permits and DWR Water Quality Certification 1V U.S. ARMY CORPS OF ENGINEERS W E G� D WILMINGTON DISTRICT - D Action ID. 200501325 County Brunswick USGS Quad Leland GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: Willows Development, Corp. Address. c/o Dan Hilla 311 -8A Judges Roads - Wilmington, NC 28405 Telephone No. - Size and location of property (water body, road name /number, town, etc.): The project is associated with Willows Subdivision_,_ a 290 -unit residential complex, which is located between US 74/76 and Village Road Leland Brunswick County, NC. Latitude: 34.2284 °N• Longitude' 78.0124'W. Description of projects area and activity: The project involves permanent and temporary dredge and fill impacts for the construction of roads and utility corridors This authorizes permanent road fill for 5 crossings totaling 0.43 acres and temporary utility corridor ditching and backfilling totaling 0.12 acres See attached project drawings for a description of individual impacts. Compensatory mitigation consists of onsite wetland creation and wetland inland preservation. Applicable Law ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization- Regional General Permit Number. Nationwide Permit Number: 12 and 14 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submtted plans Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007 It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all new and/or modified terms and conditions The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under any NWP. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification You should contact the NC Division of Water Quality (telephone (919) 733 -1786) to determine Section 401 requirements For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N C. Division of Coastal Management in Wilmington, NC, at (910) 395 -3900. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals /permits If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Thomas Farrell, 910 2514466 Corps Regulatory Official - Date: 04/26/2006 Expiration Date of Verification: 3/18/2007 Page 1 of 2 �q- ail-, m en V ) T5 t o�2) Z ATTACHMENT 3 4cr tJU)P tZ �'(+ Special Conditions USACE Action ID 200501325 NWPs 12 and 14 Permittee: Willows Development Corp. 1 Compensatory Mitigation. A. Wetland creation component. The applicant shall construct a mitigation project in accordance with the specifications and plans shown in The Willows Mitigation Plan, which is included as attachment 7 of this verification. In addition to the monitoring requirements outlined in the plan, monitoring shall include the following elements: (1) The permittee shall install in the created wetland shallow monitoring wells of sufficient number to adequately assess hydrology of the created wetland. The wells shall be installed and monitored in accordance with the specifications outlined in the document Installing Monitoring Wells /Piezometers in Wetlands, which is included as attachment 8. A diagram of the layout and a table of well monitoring data shall be included in all required monitoring reports. Well data will be included as a criterion for success of the mitigation project. (2) The permittee shall submit a time -zero report after initial planting. The report shall contain include the date of completion of the mitigation area plus all the other elements outlined in the mitigation plan. The permittee's annual monitoring schedule shall start from the submittal date of the time -zero report. All reports shall include the USACE Action ID of this project 200501325 B. Preservation component. (1) The permittee shall maintain the preservation areas described below in their natural condition, in perpetuity. The area of preservation shall be the wetlands and uplands referenced in the mitigation plan and represented in attachment 7, sheets 6, 7, 9, and 10. The Permittee is prohibited from performing any of the following activities on the preservation property: Filling; grading; excavating; earth movement of any kind; construction of roads, walkways, buildings, signs, or any other structure; any activity that may alter the drainage patterns on the property; the destruction, mowing, or other alteration of vegetation on the property; disposal or storage of any garbage, trash, or other waste material; or any other activity which would result in the wetlands being adversely impacted or destroyed. (2) The permittee shall not sell or otherwise convey any interest in the preservation property to any third party without 10 days prior written notification to Wilmington District Corps of Engineers in writing. Notification shall reference permit Action ID No. 200501325. See special condition 2 for the Wilmington District's present address. (3) Any sale, lease, or other conveyance of the preservation property shall include restrictions on the use of the property described in condition 1B (1) above, which conditions shall be enforced by the permittee. Such restrictions shall include language ATTACHMENT 3 Special Conditions Permittee: Willows Development Corp. USACE File No 200501325 Page 2 0q �47�lGhrnej� -7- ) FD zo _rz, providing for third party enforcement rights in favor of the Corps of Engineers. Such restrictions must be approved prior to conveyance by the Corps of Engineers. (4) Permittee shall execute and cause to be recorded in the Brunswick County Register of Deeds a Declaration of Restrictions or Restrictive Covenant acceptable to the Corps of Engineers for the purpose of maintaining the preservation wetlands and upland buffer areas in their natural state in perpetuity as shown in attachment 7, sheets 6, 7, 9, and 10, which are referenced above in paragraph 1B (1). The document shall be recorded in the Brunswick County Registry within 30 days of issuance of this permit. The recorded instrument shall include a map and metes and bounds survey of these areas. Permittee shall provide a copy of the recorded preservation document and plat to the Corps of Engineers within 30 days of recordation Upon recordation of the preservation document, the requirements of conditions 1B (2) and (3) will be considered satisfied with respect to the preservation areaprotected by that document. Note: See attachment 6 for a model conservation declaration We recommend that the permittee review this material with his legal representative 2 Certification of Compliance. In accordance with the Nationwide Permit general conditions, the permittee shall submit a certification of compliance to the Corps of Engineers Upon completion of construction, the compliance notification form shall be sent to the U S. Army Corps of Engineers, Wilmington Regulatory Field Office, P O. Box 1890, Wilmington, NC 28402 -1890 The form is attachment 5 of this document All components of construction authorized in this letter must be accounted for with certification forms. 3 Construction Barriers. The permittee shall ensure that construction and the deposition of fill do not occur in wetlands where fill is not authorized In certain areas of the site, construction will take place very close to the wetland line. These areas are shown in the attachment 4, sheets 4 through 13 When construction is taking place in those areas, the permittee shall install construction fencing or other suitable barriers along the line to warn or prevent equipment operators from encroaching into the wetland Barriers shall be installed at the onset of work in those areas and shall not be removed until construction is complete. 4. Signs and Monuments. To allow construction and compliance personnel to readily recognize certain wetland areas, the permittee shall install permanent monuments (e.g , 6" x 6" concrete columns or anchored pipes), posted in the ground at least 3 feet deep, along selected points along the upland edge of the wetland line The points are represented as "X's" in attachment 4, sheets 4, 5, 6, 8, 9, 10, and 12. These points shall be located by a North Carolina certified land surveyor and shall be established from the wetland line that was located in the wetland delineation for this site. The monuments shall be installed within 15 days after receipt of this verification. Within 10 days after installing the monuments, the permittee shall submit copies of sheets 4, 5, 6, 8, 9, 10, and 12 of attachment 4 showing the location of the monuments The location shall be verified and sealed by a certified land surveyor. See special condition 2 for the Wilmington District's present address. �0� aF�QQ nD �a William G Ross Jr, secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P E. Director Division of Water Quality June 8, 2006 DWQ project # 050834 Modification Brunswick County W. Dan Lila, President _ b The Willows Development Corporation 311-8A Judges Road Wilmington, NC 28405 Subject Property: The Willows Subdivision Phase t Leland Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Vila: lace fill You have our approval, in accordance with the attached conditions and those listed below o Purpose Of es of wetlands for the within 0.43 acres of wetlands and temporarily res den al subdivision at h subject ppe�'' Water constructing access roads and utility lines fo 22, x006 and received by the N.C. Division of W acts are described within your application dated May our application, we have decided that the imp Quality (DWQ) an May 22, 2006. After reviewing y eers SACI),I� b general Water Quality Certification Numb of 4 nCorps f E The rri�(U ons allow you covered y is to use Nationwide Permits 14 and 12 when issued ny other required federal, state or local pernu addition, you should obtain or otherwise comply (but not limited to) Erosion and Sediment ControlaNs or before you go ahead with your project including (b roval to proceed with Your proposed imp discharge, and Stormwater regulations. Also, this app upon expiration of the 404 to Conduct impacts to waters as depleted 111 your application Shall expire P Permit. that you described in your application. If you change your purpose and design application. If the property is sold, This approval is for the purp you may be required to send us a new project, you must notify us and y oval letter and is thereby responsible for the new owner must be given a copy of this Certification and approval act now or in the future) exceed one acre of with all conditions. If total fills for this project ( be required as described in 15A complying nsatory mitigation may wetland or 150 linear feet of stream, compe conditions listed in the attache NCAC 2II A506 (h ). This approval requires you to follow the certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1 Impacts Approved as all of the other specific and general impacts are hereby approved as long acts are The following or Isolated Wetland Permit) are met. No other imp conditions of this Certification ( approved including incidental imp acts: n r.,:�r\ Plan Location or Reference Amount ApU_` —t Stream N /A- feet permanent 4t74 Wetland 0.21 acres Tenv 121 cardinal Difive EOnsbn W mington, NC 28405 -3645 NoAh Carolina Doivis ions star Qualdy Wilmington Reg An Equal oppoWdy /Affirmative Acton Emp►oyer- 50 °� Recyded110 °� Post Consumer Paper Sites $ C, ll i:, °- r Sites G, H, J K, L, & M Phone (9`101)796-72`15 Customer genncel- 877$23'6748 NOne cu lin FAX (910) 350.2004 Internet. �ti v ncwateroualitv.orQ aturally ritso 4 vi June 8, 2006 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance th l specifications governing the proper design, installation and operation Management Practices in order to protect surface waters standards: ure, for the project a. The erosion and sediment control mess the most recenttversion of the North Carolina design, installed, operated, and maintained in accordance with Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance e of the requirements specified in the mo t measures must be such that they equal, or exceed, recent version of the North Carolina Sediment and Erosion Control Manual. The e � is s shall be maintained on all construction s� bo�°a s l�1) p oJ including contractor -owned or leased borrow pits with project. c. 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. with the reclamation in d. The reclamation measures and implementation must comply accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind 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 ainttenanc of sediment All d erosion activities, including the design, installation, o erat' performed so that no violations of state water quality control Best Management Practices, shall be p standards, statutes, or rules occur. 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment an�d e�ar°li °naa� rest red within ix and Waters the date is unavoidable, they shall be removed and the grade that the Division of Land Resources has released the proj ect. 5. Certificate of Completion applicable roved within the 401 Water Quality Certification or app Upon completion of all work app applicant is required to return the attached Buffer Rules, and any subsequent modifications, the app certificate of completion to the 401/Wetlands Unit, 650.0 Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 6. Construction Stormwater Permit NCGO10000 Upon the approval of an Erosion and Sedimentation Control imentation control program, n Land or a DLR delegated local erosion and Resources (DLR) CG010000) administered by DWQ is automatically issued NPDES General stormwater permit (N land disturbing to the project. This General Permit allows stormwater to discharged our p of ect is covered by this construction activities as stipulated by conditions in the p or more acres], full compliance permit [applicable to construction projects that disturb one (1) r&Lj'cr Vi - June 8, 2006 with permit conditions including the sedimentation control plan, self-monitoring, re rt forms keeping may and reporting requirements are required. A copy of this permit and monitoring repo be found at n /lh2o enr state nc t!s /su/' rms Dacu is h _tm 7. Deed Notifications Deed notifications or similar mechanisms shall be placed on for retained ai wetland way and bu�ffer� waters and protective buffers in order to assure comp wetlands, waters and/or impact. These mechanisms shall be put in place prior to mpacting any 1 and Authorization Certificate. The buffers approved for impact under this Certification App Conservation Easement language provided will satisfy this condition provided that a copy of the recorded easement is submitted to this office and to the 401 Unit Office in Raleigh within 30 days of receipt of this Crtification. Violations of any condition herein set forth may oIresult ln re dowattth Y � this � �firnp cis or o conductt m criminal and/or civil penalties. The authorization p impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification � � � adys of eean stream impacts), you may ask for an adjudica ry hearing. You ��� 6Ua the that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division Lutheran Clean Quality the DWQ Wilmington Regiona Water Act. If you have any questions, please telepho ne Noelle Office at 910- 796 -7405 or Cyndi Karoly in the Central Office in Raleigh at 919- 733 -9721. SinCer , ��—as e3e,,-� Alan W. Klimek, P.R. AWKInml Enclosures: WQC 3404 and 3374 Certificate of Completion cc: Henry Wicker, USACE Wilmington Regulatory Field Office Ian McMillan, DWQ 401 Oversight Unit, Raleigh DLR Wilmington Regional Office Noelle Lutheran, DWQ Wilmington Regional Office, File Copy Central Files Filename: 008342 jun06 The Willows IF ,5upplemental Information ,C7FC3 Appendix E 2014 Google Earth Aerial qw -Ab- e-7 ID C�4' I it The Willows IP '5upplemental Information 5F-L Appendix F 2011 Mitigation Monitoring Report VI The Willows Phase I Mitigation Monitoring Report USACE Action ID #: 200501325 Prepared for Willows Development Corp. 311 -8A Judges Road Wilmington, NC 28405 910 443 4454 Prepared By Southern Environmental Group, Inc 5315 South College Road, Suite E Wilmington, NC 28412 910.452 2711 Monitoring Date- 2 June 2011 Date Report Prepared: 3 June 2011 o4 -o I o o 1 The Willows Phase I Monitoring Report 15E-61 Table of Contents Section Title Pa I. Project History .................................................. ............................... 3 A Penmttmg 3 B Mitigation 3 IICurrent Project Status ........................................ ............................... 3 A Impacts 3 B Mitigation 3 M. Mitigation Site Details ......................................... ............................... 3 IV. Mitigation Site Requirements ................................ ............................... 4 A Vegetation 4 B Hydrology 4 V. Monitoring Data ................................................ ............................... 4 A Vegetation 4 B Hydrology 5 C Data Summary 5 VI. Conclusion ........................................................ ............................... 6 Appendix Number Description Page A Nationwide Permit for The Willows Phase I > B The Willows Mitigation Plan n C Vicinity Map 11> D Mitigation Site Photos ry E Monitoring Well Data V 2 04-01 0 01 the Willows Phase I Monitoring Report I. Project History A Permitting 5E-Gi On Nationwide Permits (NWP) 12 & 14, issued to the Willows Development, Corp, under USACE Action ID 200501325, for permanent and temporary impacts to 404 junsdictional wetlands associated with the development of a residential subdivision in Leland, Brunswick County, North Carolina (see Appendix A). B Mitigation To compensate for the authonzed impacts, the Applicant was required to provide the following mitigation 1 Wetland creation component — the first method of proposed mitigation included the creation of 0 48 acres of wet flat wetlands. Long term momtonng, for a penod of 5 years, is required as part of this mitigation component 2 Preservation component — the second method of mitigation consisted of preserving 12 51 acres of unaffected wetlands and 4 83 acres of upland buffer located within the Willows S D II. Current Project Status A Impacts All proposed impacts have taken place B Mitigation 1 To date, the Applicant has constructed the mitigation project in accordance with the specifications and plans shown in The Willows Mitigation Plan (see Appendix B) The last monitoring report for this site was submitted to the Corps on 8 June 2010 2 The preservation document has been recorded and a copy of the document has been submitted to the appropnate regulatory agencies M. Mitigation Site Details The mitigation site is located within The Willows subdivision, located between US 74/76 and Village Road, in Leland, Brunswick County, NC. The mitigation site is situated at the terminus of North Gate Dnve, at the western edge of the subdivision Latitude/longitude coordinates of the creation area are N 34 2309 and W 77.0097 The creation area is bounded on the south and west by a large tract of managed wet flat and on the north and east by single family homes and North Gate Dnve (see Appendix C) 3 04-01 o o 1 The Willows Ftease I Monitoring Keport SEGi IV. Mitigation Site Requirements A Vegetation Vegetative data will be gathered including survival data of the planted specimens and the presence of nuisance species Species diversity and composition will be noted For success criteria to be met, a survival rate of 320 planted trees per acre after 2 years, and 260 trees per acre after 5 years must be achieved No one species should account for more than 20% of the composition If the area does not meet these requirements, it will be spot - planted If the vegetative success criterion of the survival of 320 trees per acre after two years, and 260 trees per acre after five years, as specified in the mitigation plan, is not met, the permittee will submit, to the review agencies, a determination as to the necessary corrective action(s) to be taken B Hydrology A monitoring well will be installed to a depth of 20 inches and will be sealed with sand and bentomte. Success criteria of the hydrologic parameter requires the site to exhibit one or more of the primary indicators, or two or more of the secondary indicators of hydrology as outlined in the 1987 Army Corps of Engineers Wetlands Manual for 12.5% of the growing season under normal conditions (e g normal rainfall, normal temperatures, etc ) If the hydrology success criterion (a hydropenod of at least 12.5% of the growing season) is not met in any normal year, the permittee will submit, to the review agencies, a determination as to the necessary corrective action(s) to be taken After agency review and Corps approval, the action(s) will be nmplemented and the permittee will continue monitoring hydrology until performance criteria have been met during a normal year V. Monitoring Data A Vegetation On -site inspections of the creation area show a prevalence of vegetation typically adapted for life in saturated soil conditions, as well as areas where saturation occurs within the first 12 inches of the surface and has the presence of hydric soils Vegetative data gathered indicated the survival of planted specimens met the criteria outlined in the proposed monitoring plan The site exhibits the natural revegetation of emergent herbaceous species, such as Rhyncospora spp., Juncus ef%usus, Panzcum hemitomom, Ehochans spp ; Proserpinaca palustris, and, Schzzachznum scopanum Two species of woody plant are over the 20% composition requirement, loblolly pine (Pinus taeda) and gallberry (Ilex conacea) There is no evidence of any nuisance species located within the creation area (see Appendix D) The table found on the next page denotes the number of each species found within the creation area 4 o-+--o 1 o o 1 The Willows Please I Monitoring Table 1 Summary of wetland vegetation SE-Gi Common Name Scientific Name # of plants Gallberry Ilex coriacea 32 Laurel oak Quercus laur folza 9 Water tupelo Nyssa aquatica 9 Black willow Salzx nigra 1 Southern wax myrtle Morella cerfera 12 Highbush blueberry Vaccimum corymbosum 2 Swamp redbay Persea palustns 14 Green hawthome Cretaegus vindis 1 Sweet gum Liquidambar styraciflua 3 Red maple Acer rubrum 5 Bald cypress (planted) Taxodium distichum 4 Bald cypress (natural) Taxodium distichum 1 Titi Cyrilla racemiflora 4 Pepperbush Clethra aln folza 4 Groundsel tree Bacchans hahm foha 1 Loblolly pine Pinus taeda 42 Total 144 While the creation area has met the survival success criterion, the majority of the stems are located along the perimeter In hopes of providing a canopy within the inundated area, the Applicant has agreed to plant bald cypress (Taxodium distichum). The additional cypress stems will be planted within the next week or two B. Hydrology Visual inspection of the site indicates inundation of water within a good portion of the center of the creation area Monitoring well data confirms this occurrence (see Appendix E) Auger pulls, conducted during the 27 May 2010 site visit with the Corps, indicates hydrology, on the outer fringe of the created area, can be found within the first 12 inches of the surface The soul exhibited fine sandy loam characteristics C Data Summary Utilizing the Dichotomous Key to General North Carolina Wetland Types, which accompanies the NC WAM User Manual v3 01 and the data collected from the site, the feature has been classified as a basm wetland Due to the occurrence of long term inundation in the interior of the feature, most of the planted species are found along the perimeter Two species of woody vegetation are over the 20% threshold Loblolly pine comprises 29% of the plants present, and gallberry comprises 22% We feel that the pines will not be problematic for the overall success of the site, since the extensive inundation in the center of the wetland will keep this tree from dominating the entire site Gallberry 1 NC WAM http //portal ncdenr orgLweb/wg/swp/ws/ydu/ncwam o4 -o 1 o o 1 The Willows Please I Monitoring Report 5EG1 is a very dominant component of the adjacent wetland, so these numbers don't seem high for the area, and shouldn't be held as a negative against this site and its success VI Conclusions An annual monitoring of the wetland creation area, located at the western edge of The Willows subdivision, was performed on 2 June 2011 Vegetation counts, augured soil samples and monitoring well data confirm the site has met the muumum mitigation criterion Based on this information, SEGi feels the wetland creation site be deemed successful The Willows IF upplemental Wormation 5F Gi Appendix G Extension of Curran Court Impact Map LIIFAIH i Q i 11 Pi) m O d' r-I The Willows JP,5upplemental Information SFGi Appendix H Adjacent Property Owner Key Map V 111 1 ejt ` J i f r' S�tYt S O E � `1 Ct r F)))555o ff 1 � Y 1� j 1 i i O w ��t 4S i1 t O E � `1 Ct r F)))555o ff 1 � Y 1� j 1 i i O w ��t The Willows IF 5upplemental Information ,9 F cl Appendix I Lower Cape Fear Umbrella Mitigation Bank Reservation Letter ix LOWER CAPE FEAR UMBRELLA MITIGATION BANK STATEMENT OF CREDIT AVAILIBILITY March 31, 2015 TO Dana Lutheran FROM- Lower Cape Fear Umbrella Mitigation Bank SEGi c/o Land Management Group, Inc. 5315 South College Rd 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28412 Wilmington, NC 28403 Project. The Willows Subdivision Curran Court Extension (Leland, NC) Dear Dana Pursuant to your recent credit request, the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB) is providing confirmation of acceptance to supply wetland mitigation credits for impacts to non - riparian wetlands associated with The Willows Subdivision Curran Court Extension in Brunswick County, NC This acceptance is conditional upon receipt of payment as outlined below Please refer to the table below depicting the type and quantity of credits requested and reserved for your project Mitigation Type Credits Reserved Fee Per Unit Fee Stream 0 $38100 $000 Non- Riparian Wetland F 0 1 ( $50,31300 $5,03130 Riparian Wetland �— 00 $69,73600 $000 �— Total Fee F $5,031.30 Based upon receipt of your email request transmitted on March 27, 2015, LCFUMB will reserve 0 1 non - riparian wetland credits for a period of up to 90 days from the date of this letter Note that requests to reserve credits beyond 90 days may require a deposit of up to 5% of the credit transfer fee Upon request for receipt of credit transfer, LCFUMB will issue an invoice in the amount of $5,031.30. Upon receipt of payment, LCFUMB will provide an executed Transfer of Credit Certificate Note that all payments must be made with certified funds It is the applicant's responsibility to ensure that the credit types and amounts requested are consistent with the compensatory mitigation requirements of the permit(s) issued LCFUMB and /or its agents are not responsible for determining the applicant's mitigation requirements If you have any questions or need additional information, please contact me by phone at (910) 452 -0001 or by email at cpreziosi @lmgroup net Sincerely, Land Management Group, Inc (agent for LCFUMB) Christian Dn .Mu9 eCW hmn.a Prmmi DN mSMstl.n Preame g=land M.mgm�ent Gaup hoc, ou Prezlosl ema�Vm P^9`op t`d5 D.m zotso3 st t.n toaano Christian Preziosi Section Manager 'i F l 5 C3 Attachment 2 Agent Authonzation 5F-G AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: 59.52 Acres US 17 & 74 -76 LOT NO. PLAN NO._PARCEL I.D. 0370005505 STREET ADDRESS: NA Property Owner (please print): Pharmlogic, LLC — Mr. Robert Waldon The undersigned, registered property owner of the above noted property, does hereby authorize Southern Environmental Group, Inc. (SEGi) to act on my behalf in matters regarding areas of environmental concern. Property Owner's Address (if different than property above): 6310 Seamist Court Wilmington, NC 28409 Telephone: We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Property caner Autho r'7izj Signature Print Name l� Date SEGi Authorized Signature Dana A. Lutheran Print Name 30 March 2015 Date Account North Carolina Marne F Marshall DEPARTMENT OF THE Secretary SECRETARY OF STATE PO Box 29622 Raleigh, NC 27626-0622 (919)807 -2000 Date: 3/25/2015 ck here to 3w Document Filings I File an Annual Report jJ Print a Pre - populated Annual Report Fellable PDF Form I Amend A Previous Annual Report Corporation Names Name Name Type NC PHARMLOGIC LLC LEGAL Limited Liability Company Information SOSID: 1302583 Status: Current - Active Effective Date: 2/18/2013 Citizenship: DOMESTIC State of Inc.: NC Duration: 12/31/2030 Annual Report Status: CURRENT Registered Agent Agent Name. WALDON, ROBERT Office Address: 6310 SEAMIST COURT WILMINGTON NC 28409 -2143 Mailing Address: 6310 SEAMIST COURT WILMINGTON NC 28409 -2143 jPrincipal Office Office Address: 6310 SEAMIST COURT WILMINGTON NC 28409 -2143 Mailing Address: 6310 SEAMIST COURT WILMINGTON NC 28409 -2143 Officers /Company Officials Title: MANAGING MEMBER Name: ROBERT WALDON Business Address. 6310 SEAMIST CT WILMINGTON NC 28409 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system Version 5446 rf� Y 5r GI 1i Attachment 3 The Willows Vicinity Map f; The Willows Subdivision v �4 Hightsville a - !�ty� Wilmington Leland d�A; Fd ;, ernatianalAixrarl r4 47? R 4 1455 `i;iJICEEE P �R Gram te 74 ' t 1 f � a� rtit =�ws WHmin toll 3.v. '.Indepe LZ The Eagles - St to Pap f .).. , -' Wamer Fontbe8 Cheer 140 ff 133 132 Silver LA€ lV'• rY1 f/ D1 � M � , ¢ = O un a, u f [ Y ISS, 1wRr. - 1 t Willows Leek rd ngton -- - ® j 3 w 16mn n 4f r �dyY "'� F, URI p f µg i 3 8 ss9'4n�kr 6 Attachment 1 The Willows Subdivision — IP Supplemental Information USAGE Action ID#: 200501325 DWR Project #: 050834 Modification Prepared for: The Willows Development Corporation 622 Timberlake Lane Wilmington, NC 28411 910.443.4454 Prepared By: Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, NC 28412 910.452.2711 Date: 1 April 2015 Revised 26 August 2015 T'he WJ Il®va Ir 6uppleffiamw In€er-rmt1en (R&Ased 8y29J/1 �) 6EGI Table of Contents Section Title Page I. Purpose and Need.............................................................................. 3 II. Project History................................................................................ 3 A. USACE Jurisdictional Determination....................................................... 3 B. Wetland Permitting............................................................................ 3 C. Wetland Mitigation............................................................................ 3 III. Current Project Status....................................................................... 3 IV. Project Description........................................................................... 4 V. Avoidance and Minimization................................................................ 4 VI. Alternative Analysis.......................................................................... 5 A. Off-site Alternative Analysis................................................................. 5 B. On-site Alternative Analysis.................................................................. 5 VII. Adjacent Property............................................................................ 6 VIII. Sequence of Events........................................................................... 6 IX. Compensatory Mitigation.................................................................. 6 A. Nationwide Permit............................................................................. 6 B. Individual Permit............................................................................... 7 C. Cumulative Impacts and Mitigation......................................................... 7 X. Conclusion....................................................................................... 7 Appendices A. Brunswick County GIS Information Page ........................................................ i B. 2006 USACE Jurisdictional Determination ................................................ ii C. 2006 Site Plan .................................................................................. in D. USACE Nationwide Permits and DWR Major Certifications Issued 2006............ iv E. 2014 Google Earth Aerial Photograph...................................................... v F. 2011 Mitigation Monitoring Report ........................................................ vi G. Extension of Curran Court Site Plan ........................................................ vii H. Adjacent Property Owner Key Map ........................................................ viii I. Lower Cape Fear Umbrella Mitigation Bank Reservation Letter ....................... ix J. Wetland Creation Sketch..................................................................... x 2 T'he Wt 11ewA Ir 6uppleffiamw In€er-rmt1en (R&Ased 8//29J/1 �) 6EGI I. Purpose and Need Pharmlogic, LLC has acquired a 59.52 acre parcel (Brunswick County PIN 0370005505), which is located within the existing Willows Subdivision, in Leland, Brunswick County, North Carolina (see Appendix A). In 2006, the majority of the parcel was classified as Section 404 wetlands, by the USACE (please refer to Appendix B). However, within the acreage is an upland island that consists of approximately 1.11 acres, upon which The Willows Development Corporation (herein referred to as the "Applicant') wishes to extend Curran Court. The extension of the road will provide access to four (4) buildable lots (see Appendix C). Unfortunately, to facilitate the construction of the access road, the fill of 0.07 -acre of Section 404 wetland is necessary. II. Project History A. US Army Corps of Engineers (USAGE) Jurisdictional Determination (JD) Prior to development, The Willows Development Corporation obtained a preliminary JD for the entire tract, which was issued with the Nationwide Permit (see Appendix B). B. Wetland Permitting hi 2006, the Department of the Army (DoA) and Division of Water Resources (formerly Quality - DWR) authorized the permanent impact of 0.43 acre and temporary impact of 0.12 acre of wetland, which was necessary to facilitate the installation of roads and infrastructure. The authorizations came in the form of Nationwide Permits 12 and 14 and Water Quality Certifications 93404 and #3374 respectively (see Appendix D). C. Wetland Mitigation To compensate for the authorized impacts, the Applicant was required to provide the following mitigation: 1. Wetland Creation Component — Creation of 0.48 acres of non -riparian wetlands was to be undertaken. Long term monitoring, for a period of 5 years, was required, as part of this mitigation component (USACE); 2. Preservation Component — The preservation of 12.51 acres of unaffected wetlands and 4.83 acres of upland buffer located within the Willows S.D. was to take place (USACE); 3. Signs and Monuments — Several permanent monuments (i.e. anchored, metal pipes) were to be placed along selected points and verified by a certified land surveyor (USACE); 4. Deed restrictions were to be placed on all lots that contained wetlands within their property boundaries (DWR); and 5. Certificate of Completion — Upon completion of the impacts, a Certificate of Completion was to be submitted to each agency. III. Current Project Status To date and with regard to wetland permitting and impacts, the following has taken place: 1. Development — The majority of the subdivision has been built out, except for a portion of Cottage Field Lane, which is only 70% complete and very few houses exist (see Appendix E); 2. Wetland Impacts — All the authorized impacts have taken place; 3. Wetland Creation - Wetland creation was constructed in accordance with the specifications and plans shown in The Willows Mitigation Plan. The last monitoring report for this site was submitted to the USACE in June of 2011 (see Appendix F). A letter, dated 9 April 2012, was issued to notify 3 T'he Wt have Ir 6uppleffiamw In€er-rmt1en (R&Ased 8//29J/1 �) 6EGI the Applicant that the 0.48 acre of on-site wetland creation is not fully successful. According to the letter, there appeared to be a lack of hydrology in an area immediately adjacent to the existing wetland. The USACE requested a contingency plan that would include the following: • A site remediation plan, which must include the removal of the upland areas to match the adjacent wetland grade, soil tilling and additional plantings. Please be aware that the Corps will require additional monitoring beyond the five years specified in your original plan. • An alternative mitigation proposal as replacement for the entire creation area, which may include in -lieu -fee payment to the NC EEP. • An alternative mitigation proposal for only the unsuccessful areas, which may include an in -lieu -fee payment to the NC EEP. Please be aware that annual monitoring of the remainder of the area must continue until 2013 (year 5). 4. Wetland Preservation — The Willows Development Corporation has executed and caused to be recorded, in the Brunswick County Register of Deed, a Declaration of Restrictive Covenants and accompanying exhibit. A copy of the recorded documents was submitted to the USACE with the last monitoring report; 5. Signs and Monuments — Steel posts were inserted into the ground, in the specified locations. The USACE was notified of this in April 2006. 6. Deed Restrictions — SEGi was unable to determine if deed restrictions were placed on lots with wetlands; and 7. Certificate of Completion — A Certificate of Certification was submitted to each agency. IV. Project Description The Applicant anticipates impacting 0.07 -acre of Section 404 jurisdictional wetlands with the extension of the road into a cul-de-sac (see Appendix G). Heavy machinery, such as a bulldozer, grader, back hoe, and track hoe, will be utilized during the construction process. The machinery will be used to clear the land, stabilize the soil, establish grade and to transport and deposit the proposed fill material within the project boundaries. Sediment and erosion control measures will be installed prior to commencement of land disturbing activities. Coastal wetlands are not anticipated to be impacted by this project, and the project is located outside any Areas of Environmental Concern (AECs). A Coastal Area Management Act (CAMA) Consistency Determination is being prepared concurrently with this permit application and will be submitted to the USACE and DWQ upon issuance. Threatened and Endangered Species and archaeological assessments were conducted, as part of the original submittal of Pre -Construction Notification. It is not anticipated that either of these two issues are of concern. V. Avoidance and Minimization The proposed impact was part of the preliminary site plan, but was surrendered, due to the fact that the impact would cause total permanent impacts to exceed the NWP acreage threshold (i.e., 0.50 -acre), subsequently elevating the authorization to a DoA Individual Permit, which, at the time, was not economically feasible. Unfortunately, the 1.11 -acre upland area is surrounded by wetlands, thus avoidance is not possible. The impact encompasses only the area necessary to install a road and cul-de-sac that meets NC Department of Transportation (NC DOT) road design requirements. 4 T'he Wt 11ewA Ir 6uppleffiamw In€er mt1ali (R&Ased 8//29J/1 �) 6EGI VI. Alternative Analysis A. Off-site Alternative Analysis Although a formal Off-site Alternative Analysis was not conducted in 2005, SEGi applied the Section 404(b)(1) guidelines by utilizing historical aerial photography and available historical land use records, to best determine, if any, off -Site alternatives existed at that time or exist now. SEGi utilized this information to determine if a practicable off-site alternative site exists while taking into account the, cost, technology and logistics of each alternative and the overall project purpose. Taking into account the project purpose specifically, the desired location and proximity to the Leland central business district and the Highway 17 corridor, several sites were reviewed both historically and currently. These sites were chosen for their ability to accommodate the size (number of units necessary) of the proposed development. 1. Alternative Site 1 — Waterford Commercial 43.34 acres (Parcel ID's 0470003801, 0470003807, 0370005560, 0370005597): This site was vacant in 2005 and is currently only partially developed (PID 0470003801, 11.45 acres is built out). This site meets the location requirements of the purpose and need however the site is not zoned for residential housing. SEGi did not pursue the ability to re -zone the property as the land cost per acre far exceeds the cost practicability of this alternative. Therefore due to zoning and cost Alternative Site 1 was rejected. 2. Alternative Site 2 — Ploof Road Tract 85.07 acres (Parcel ID's 0380003001, 03800030): This site was vacant in 2005 and is currently undeveloped. This site does meet the size and location requirements. However, the site contains significantly more wetlands than the subject parcel and would result in significantly more wetland impacts than proposed. Alternative Site 2 was rejected due significantly more wetland impacts than the subject parcel. 3. Alternative Site 3 — Westgate Tract 71.50 acres (Parcel ID's 0480004201, 0480004202): This parcel was vacant in 2005 and is currently undeveloped. This site does meet the size and location requirements of the project purpose and is zoned residential. It is unknown if the site would have been available for purchase in 2005. However if it were, the permittee owned the subject parcel and would have had to sell the Willows parcel, re -design and permit Alternative Site 3 (if available) which would not be cost or logistically practicable. Alternative Site 3 was rejected due to cost and logistical impracticability. B. On -Site Alternatives Analysis During the design and permitting phase of the project, several on-site alternatives were considered. 1. Alternative 1 — Current Proposed Design: This alternative was designed to have roads primarily in uplands, lots only proposed on one side to avoid additional wetland impacts, narrowing of roads to avoid wetland impacts and the use of retaining walls to minimize unavoidable impacts. Alternative 1 was accepted as it was the Least Damaging Practicable Alternative. 2. Alternative 2 — Utilization of other uplands within the tract to avoid impacts: This alternative was reviewed extensively, and included alternative or modified road layouts, and infrastructure design. However due to the proposed design provided the least amount of impacts while yielding the highest number of lots. Therefore Alternative 1 was rejected due to an increased amount of wetland impacts. 61 T'he WV Il®ws Ir 6uppleffiamw In€er-rmt1en (R&Ased 8y29J/1 �) 6EGI Alternative 3 — Bridging all or some impacts: This alternative was considered and due to the cost of bottomless culverts, wooden bridges and concrete bridges it was not practicable to utilize them. Therefore, Alternative 3 was rejected due to cost constraints. The Applicant invested money, in the property, anticipating being able to build 64 of houses (60 houses on Cottage Field Lane and 4 on the subject upland island). The Applicant investigated other potential means for developing the subject area, and has been unable to fmd a practicable alternative that would achieve his goal and meet his stated purpose. VII. Adjacent Property Owners The following properties have been identified, as adjacent to the project location: Map Key Parcel ID Owner Address City State Zip Code 1 038113012 STARKEY TIMOTHY D ETUX NERISSA D 2097 WILLOW CREEK LANE LELAND NC 28451 2 038113013 NICHOLSON JEROME B ETUX PATRICIA A 2105 WILLOW CREEK LANE LELAND NC 28451 3 038113014 LEE RACHEL L ETVIR JOHN T 2109 WILLOW CREEK LANE LELAND NC 28451 4 038113016 AMERICAN RESIDENTIAL LEASING CO LLC 21001 N TATUM BLVD PHOENIX AZ 85050 5 038113017 EVANS ZACHARY S 2419 RED MAPLE CIR LELAND NC 28451 6 038113018 SLADE JOHN R ETUX KARLA P 2423 RED MAPLE CIRCLE LELAND NC 28451 7 0381A053 HOWELL WILLIAM P ETUX CATHERINE C 1041 STONEY WOODS LANE LELAND NC 28451 8 0381A052 MORRIS JARED D ETUX SHELLY WELBORN 1039 STONY WOODS LANE LELAND NC 28451 9 0381A051 WASHINGTON OMAR S 9112 ARDEN ROAD NE LELAND NC 28451 10 0381A050 YOUNG DAVID R ETUX BONNIE A 1033 STONY WOODS LANE LELAND NC 28451 11 0381A047 CAYTON MICHAEL W & SAMANTHA 1012 SWEETBAY CIRCLE LELAND NC 28451 12 0381A046 CRISPELL MARK A ETUX SUSAN 1011 SWEETBAY CIRCLE LELAND NE 28451 13 0381A045 JERNIGAN DAVID B ETALS 1007 SWEETBAY CIR WILMINGTON NC 28412 14 038113009 DWYER TYLER D ETUX BRITTANY LYNN 2081 WILLOW CREEK LANE LELAND NC 28451 15 038113010 VILLAGE BUILDERS OF WILMINGTON LLC PO BOX 3424 WILMINGTON NC 28406 16 038113011 SHAW JEREMY E & BRITTANY N HARRIS 2093 WILLOW CREEK LANE LELAND NC 28451 Table I Adjacent property owners — See Appendix H, for details of their location relative to the impact. VIII. Sequence of events The Applicant has secured stormwater and S&EC permits, thus work is to commence as soon as DoA and DWR approvals have been issued. The work will consist of clearing the land, removing the hydric soils from the impact area, installing utilities, back -filling the area with clean earthen fill to establish grade, applying crush and run, installing curb and gutter, then applying asphalt. Upon completion of that work, the slopes of the crossing will be graded to a 3:1 slope, seeded, and covered with excelsior matting or straw. IX. Compensatory Mitigation Compensatory mitigation (i.e. avoidance and minimization, restoration, creation, enhancement, preservation, and/or payment to an in -lieu fee program or private mitigation bank) is typically required for permanent impacts to wetlands. The mitigation is intended to off -set functional processes (i.e. biological, physical and/or chemical) lost as a result of the permanent fill of the wetland. A. Nationwide Permit As discussed previously in the document, the Applicant agreed to create 0.48 acre of non -riparian wetland, preserver 12.51 acres of US Section 404 wetlands and 5.31 acres of upland buffer, as well as avoid and T'he Wt 11ewA Ir 6uppleffiamw In€er-rmt1en (R&Ased 8y29J/1 �) 6EGI minimize, through construction methods, impacts to wetlands. The mitigation was sufficient to offset the impact of 0.43 acre of non -riparian, pine flat wetlands. SEGi delineated the wetland mitigation area to determine what, if any, of the feature that currently did not meet the success criteria. It was determined that approximately 1280 square feet (see Appendix J), does not meet the hydrologic and/or vegetative success criteria, outlined in the Willows Mitigation Plan. In total, the Applicant has successfully created 0.45 acre of non -riparian wetland. As a contingency plan, the Applicant proposes to offset the deficit with payment to the LCFUMB, at a 1:1 mitigation to impact ratio. The proposed 1:1 mitigation to impact ratio is consistent with the original mitigation to impact ratio for this component of the mitigation plan. B. Individual Permit Based on the type of wetland being impacted (i.e. pine flat) and its functional value being low, the Applicant intends to offset the newly proposed impact with payment to the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB), at a 1 to 1 mitigation -to -impact ratio. SEGi and the Applicant believe that the proposed mitigation is sufficient to offset the impact. A letter of acceptance, from LCFUMB, has been attached to this document (see Appendix I). C. Cumulative Impacts and Mitigation Plan The table below provides a summary of the cumulative impacts, associated with the project, as well as the compensatory mitigation plan for the Willows. Table 2 Summary of mitigation for the Willows Subdivision Note: " * "indicates the mitigation acreage is proposed, while bold text denotes the actual acreage provided X. Conclusion hi summary, to facilitate the extension of Curran Court, which would terminate into a cul-de-sac that would provide access to four buildable lots within the existing Willows Subdivision, the fill 0.07 -acre of USACE Section 404, pine flat wetlands is necessary. Avoidance and minimization efforts were incorporated into the plan during the design and construction phases of the project, as well as the investigation of alternative analysis to the proposed impact, as per the 40(b)(1) guidelines. The Applicant intends to offset the newly proposed impact with payment, to the LCFUMB, for 0.07 -acre of non -riparian wetland restoration credit. In addition, the Applicant proposed to purchase 0.03 -acre of non -riparian wetland restoration credit from the LCFUMB, to offset the area of the created wetland that does not meet the success criteria. In total, the Applicant will have mitigated for 0.50 acre of non -riparian wetland impact with 18.29 acres of mitigation. SEGi and the Applicant feel the project, as proposed, is the least environmentally damaging, practicable alternative. Impact Area Mitigation Permit Mitigation Type Mitigation to Impact Ratio QAC) QAC) Nationwide Permit 0.43 Wetland Creation 0.45 1:1 Wetland 12.51 29.1:1 Preservation Upland Buffer 5.31 12.3:1 Mitigation Non - 0.03 LCFUMB 0.03 * 1:1 Compliance Individual Permit 0.07 LCFUMB 0.07* 1:1 Total 0.50 18.39 Table 2 Summary of mitigation for the Willows Subdivision Note: " * "indicates the mitigation acreage is proposed, while bold text denotes the actual acreage provided X. Conclusion hi summary, to facilitate the extension of Curran Court, which would terminate into a cul-de-sac that would provide access to four buildable lots within the existing Willows Subdivision, the fill 0.07 -acre of USACE Section 404, pine flat wetlands is necessary. Avoidance and minimization efforts were incorporated into the plan during the design and construction phases of the project, as well as the investigation of alternative analysis to the proposed impact, as per the 40(b)(1) guidelines. The Applicant intends to offset the newly proposed impact with payment, to the LCFUMB, for 0.07 -acre of non -riparian wetland restoration credit. In addition, the Applicant proposed to purchase 0.03 -acre of non -riparian wetland restoration credit from the LCFUMB, to offset the area of the created wetland that does not meet the success criteria. In total, the Applicant will have mitigated for 0.50 acre of non -riparian wetland impact with 18.29 acres of mitigation. SEGi and the Applicant feel the project, as proposed, is the least environmentally damaging, practicable alternative. T%e WIII®ws l� ��le+�tal lr�€®rtt®r� (�eifsed ��r��y7)� Appendix J Wetland Creation Sketch Ilk 'fir' � �1';'` �