HomeMy WebLinkAbout20070699 Ver 2_Public Notice_20100826Dennison, Laurie 01-0L,00 Up-
From: Robinson, Gwendolyn M SAW [Gwendolyn.M.Robinson@usace.army.mil]
Sent: Thursday, August 26, 2010 7:37 AM
Subject: US Army Corps of Engineers Public Notice
As you requested, you are hereby notified that Wilmington District, United States Army Corps of Engineers has
issued a Public Notice. The text of this document can be found on the Public Notices portion of the Regulatory
Division Home Page. Each Public Notice is available in ADOBE ACROBAT (.pdf) format for viewing,
printing or download at www.saw.usace,army.mil/wetlands As with all e-mail attachments, be sure to check for
viruses prior to opening the attachment. The current notice involves:
PUBLIC NOTICE
Action ID. No. SAW-2006-41551 Expiration Date: September 27, 2010
Issued Date: August 25, 2010
The Wilmington District, Corps of Engineers (Corps) has received an application from Mr. James Black of ACI
- Pine Ridge, LLC seeking Department of the Army authorization for the discharge of fill material into 3.9
acres of waters of the US, specifically wetlands adjacent to an unnamed tributary to Island Creek, associated
with the proposed Porter's Neck Crossing commercial development. The 53.8 acre project area is located west
of the intersection of Porter's Neck Road and U.S. Highway 17 (Market Street), south of the I-140 Wilmington
Bypass, northwest of the City of Wilmington, New Hanover County, North Carolina.
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US Army Corps
Of Engineers
Wilmington District
PUBLIC NOTICE
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Issue Date: August 25, 2010
Comment Deadline: September 27, 2010
Corps Action ID: SAW-2006-41551-065
The Wilmington District, Corps of Engineers (Corps) has received an application from
Mr. James Black of ACI - Pine Ridge, LLC seeking Department of the Army
authorization for the discharge of fill material into 3.9 acres of waters of the US,
specifically wetlands adjacent to an unnamed tributary to Island Creek, associated with
the proposed Porter's Neck Crossing commercial development. The 53.8 acre project
area is located west of the intersection of Porter's Neck Road and U.S. Highway 17
(Market Street), south of the 1-140 Wilmington Bypass, northwest of the City of
Wilmington, New Hanover County, North. Carolina.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at ww•w.sawv.usace.ai-my.mil./wetlands
Applicant: ACI - Pine Ridge, LLC
Attn: Mr. James Black
1400 W. Northwood Street
Greensboro, North Carolina 27408
Agent (if applicable):
Authority
Blue Ridge Engineering PLLC
Attn: M. Devin Staley
529 Main Street
North Wilkesboro, North Carolina 28659
The Corps will. evaluate this application and decide whether to issue, conditionally issue,
or deny the proposed work pursuant to applicable procedures of Section 404 of the Clean
Water Act (33 U.S.C. 1344).
Location
The 53.8 acre project area is located at 183 Porter's Neck Road, in the southwest
quadrant of the intersection of U.S. Highway 17 (Market Street) and Interstate 140
(Wilmington Bypass), northwest of the City of Wilmington, New Hanover County, North
Carolina. The site contains approximately 16.9 acres of jurisdictional non-riparian
wetlands which are adjacent to unnamed tributaries to Island Creek. Island Creek is a
tributary to the Northeast Cape Fear River, a Navigable Water of the United States. No
streams exist within the site. Site coordinates are 34.3021 °N, 77.7897°W.
Existing Site Conditions
This site consists of eight separate tracts and has been sectioned out into two building
phases. Phase I, located along the eastern portion of the project limits, includes the
construction of 156,125 square feet of Lowe's Home Improvement Warehouse,
associated parking areas, roadway improvements, water, sanitary sewer and stormwater
infrastructures. Construction of Phase I began in August 2008 and Lowe's began vertical
building construction in March 2010. No wetlands are to be disturbed as part of the
development of this phase.
Phase II of the propose project consists of 37.6 acres of sparsely wooded areas, heavily
wooded areas and maintained areas containing various types of vegetation and
groundcover. Water and sanitary sewer infrastructures completed in Phase I have been
constructed to serve Phase II. Stormwater infrastructure has been completed for
approximately 50% of Phase 11. No wetland impacts associated with this development
have occurred as of yet.
According to the United States Department of Agriculture Soil Survey of New Hanover
County (April 1977), wetlands within the site are classified as Murville fine sand and
Leon fine sand, very poorly drained and poorly drained respectively, and have been
classified as hydric soils for New Hanover County. These wetlands support vegetation
which mainly consists of loblolly bay (Gordonia lasianthus), gallberry (Ilex glabra),
fetterbush (Lyonicia lucida), titi (Cyrilla racemi{lora) and arrow arum (Peltandra
Virginianica). Upland soils are classified as Lynn Haven fine sand (poorly drained,
hydric) and Wakulla sand (somewhat excessively drained, non-hydric), and support
loblolly pine (Pinus taeda), sweet pepperbush (Clethra alnifolia), blueberry (Vaccinium
crassifolium), and wiregrass (Aristida stricta).
Surrounding land use currently consists of undeveloped, wooded residential lots to the
west (Greenview Ranches), an apartment complex and shopping center to the southwest,
Highway 17 to the east and southeast, and Interstate 140 (Wilmington Bypass) to the
north.
Applicant's Stated Purpose
The purpose of the project is to develop an economically viable (practicable) multi-
resource, regional shopping center with at least one anchor retailer along with
complimentary commercial services to possibly include retail, restaurant and hotel uses.
2
Project Description
The applicant has proposed to discharge fill material into 3.9 acres of jurisdictional
wetlands to construct 194,000 square feet of retail/commercial space, associated access
drives and parking areas. The preferred alternative consists of 284,025 square feet of
possible retail space, five outparcels and a hotel along with associated parking and access
roads. This will provide a total commercial footprint of approximately 325,000sf. The
site plan contains, on average, 4.39 parking spaces per 1,000 square feet of building
space. Project plans and narrative have been included with this Public Notice.
The applicant has also submitted an Alternatives Analysis that includes both on-site and
off-site alternatives. This information has been included with this Public Notice.
The applicant has also submitted a mitigation proposal with their application that entails
on-site preservation of approximately 13 acres of non-riparian wetlands and purchase of
3.9 acres of wetland credits from an approved mitigation bank or payment to the
Ecosystem Enhancement Program (EEP) for restoration of non-riparian wetlands within
the Cape Fear River watershed as determined by the USAGE and DWQ.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review. The Corps will generally not make a final permit decision
until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act (PL 92-500). The
receipt of the application and this public notice combined with the appropriate application
fee at the North Carolina Division of Water Quality central office in Raleigh will
constitute initial receipt of an application for a 401 Water Quality Certification. A waiver
will be deemed to occur if the NCDWQ fails to act on this request for certification within
sixty days of the date of the receipt of this notice in the NCDWQ Central Office.
Additional information regarding the Clean Water Act certification may be reviewed at
the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 2321 Crabtree
Boulevard, Raleigh, North Carolina 27604-2260. All persons desiring to make comments
regarding the application for certification under Section 401 of the Clean Water Act
should do so in writing delivered to the North Carolina Division of Water Quality
(NCDWQ), 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Attention:
Ms. Cyndi Karoly by September 20, 2010.
Coastal Area Management Act
The applicant has not provided to the Corps, a certification statement that his/her
proposed activity complies with and will be conducted in a manner that is consistent with
the approved North Carolina Coastal Zone :Management Program. Pursuant to 33 CFR
325.2(b)(2), the Corps cannot issue a permit for the proposed work until the applicant
submits such a certification to the Corps and the North Carolina Division of Coastal
Management (NCDCM), and the NCDCM notifies the Corps that it concurs with the
applicant's consistency certification.
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The Corps' initial
determination is that the proposed project will not adversely impact EFH or associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils
or the National Marine Fisheries Service.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties, or properties listed as being
eligible for inclusion therein are located within the project area or will be affected by the
proposed work. Presently, unknown archeological, scientific, prehistoric, or historical
data may be located within the project area and/or could be affected by the proposed
work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the
applicant and consulted the latest North Carolina Natural Heritage Database. Based on
available information, the Corps has determined pursuant to the Endangered Species Act
of 1973, that the proposed project will have no effect on federally listed endangered or
threatened species or their formally designated critical habitat. A final determination on
the effects of the proposed project will be made upon additional review of the project and
completion of any necessary biological assessment and/or consultation with the U.S. Fish
and Wildlife Service and/or National Marine Fisheries Service. Consultation under
Section 7 of the ESA will be initiated and no permit will be issued until the consultation
process is complete.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof; among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
4
PROJECT NARRATIVE
Porter's Neck Crossing
New Hanover County, NC
July 23, 2010
ACI - Pine Ridge, UC
NTRODUCTIO
ACI - Pine Ridge, LLC (ACI), the applicant, is requesting an Individual Permit from the US Army
Corps of Engineers as well as a 401 Water Quality Certification from the NCDENR - Division of
Water Quality and a consistency certification from the NC Division of Coastal Management. ACI
received a Notification of Jurisdictional Determination OD) for the subject property on November
20, 2007.
ACI's former agent, Land Management Group, Inc., previously submitted an application to USACE,
NCDENR, and NCDCM for the appropriate permitting and approval. This application was closed
in May 2008 for failure to comment on the public notice within the required time frame. ACI has
since retained Blue Ridge Engineering, PLLC (BRE) to act as its agent for all USACE, NCDENR,
and NCDCM permitting and approval issues for the subject property.
SITE IDENTIFICATION
The subject property is known as Porter's Neck Crossing and is located in the southwest quadrant
of the intersection of US Highway 17 (Market Street) and Interstate 140 in New Hanover County,
NC. The site has a physical address of 183 Porter's Neck Road Wilmington, NC 28411. The site
consists of eight separate tracts, approximately 53.8 acres, including approximately 16.9 acres of
wetlands. The site is located within the Cape Fear River Basin. The project includes the
development of the site in two phases, which are discussed in detail in the subsequent paragraphs.
The proposed project will include construction of approximately 350,000 square feet of
commercial/retail space, associated parking areas, and an internal roadway system. A vicinity map,
aerial map, and topographic map are attached for reference.
The subject property is adjoined by Interstate 140 (Wilmington Bypass) to the north, undeveloped
wooded residential lots to the west (Greenview Ranches), various retail/commercial areas and an
apartment complex to the south, and US Highway 17 (Market Street) to the east.
Porter's Neck Crossing 1 of 11 July 23, 2010
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidate State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the
Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental effects and
the other public interest factors listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act (NEPA). Comments are also used to
determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received by
the Corps of Engineers, Wilmington District, until 5pm, September 27, 2010. Comments
should be submitted to Emily B. Hughes, 69 Darlington Avenue, Wilmington, North
Carolina, 28403-1343, telephone (910) 251-4635.
The subject property is located in the northeast portion of the county in an area classified on the
2006 CAMA Land Classification map as transition on the southeastern portion and aquifer resource
protection on the northwestern. This transition area is to provide for future intensive urban
development on lands that have or will have urban services. The location of these areas is based
upon land use planning policies requiring optimum efficiency in land utilization and public service
delivery. Currently, other commercial uses are prevalent in this project's vicinity.
XISTING CONDITION
Area of Phase I
Phase I, located along the eastern portion of the project limits, consists of approximately 16.2 acres,
including approximately 1.6 acres of wetlands. According to the jurisdictional Determination, these
wetlands are in the headwaters of Island and Smith Creeks, tributaries to the Northeast Cape Fear
River. No streams exist on-site. These wetlands have been characterized as degraded wetlands.
The quality of these wetlands was directly impacted by the construction of Interstate 140
(Wilmington Bypass), which severed this ecosystem and significantly altered its hydrology. No
wetlands are to be disturbed as part of the development of Phase I. Phase I includes construction of
156,125 square feet Lowe's Home Improvement Warehouse, associated parking areas, roadway .
improvements, water, sanitary sewer, and stormwater infrastructures. This Lowe's parcel was
rezoned in September 2007 to a Conditional District Highway Business zoning district, CD(B-2). A
special use permit was granted for a Building Materials and Garden Supplies Store in order to.
accommodate the new Lowe's Home Improvement Warehouse. As a condition to the special use
permit, the applicant was required to complete roadway improvements both on and off site
(including the extension of Porter's Neck Road, various improvements to Highway 17, and
construction of an internal drive connection to the existingTood Lion shopping center adjacent to
the project, which will also serve a majority of Phase II), water, sanitary sewer, and storm water
(including three detention ponds) infrastructure as required by New Hanover County and other state
agencies. These infrastructure improvements were required to be completed prior to issuance of a
certificate of occupancy to Lowe's Home Improvement Warehouse. Therefore, construction of
Phase I commenced in August 2008. Water and sanitary sewer infrastructures have been completed
to serve Phase I and Phase II of construction. Stormwater infrastructure has been completed for
approximately 50% of Phase II. Lowe's began vertical building construction in March 2010.
Area of Phase II
Porter's Neck Crossing 2 of 11 July 23, 2010
Phase II of the proposed project includes the remaining 37.6 acres, including 15.3 acres of wetlands.
The area of Phase II consists of sparsely wooded areas, heavily wooded areas, and maintained areas
containing various types of vegetation and groundcover. Phase II will include the construction of
approximately 194,000 square feet of retail/commercial space, associated access drives and parking
areas. Phase II of the project proposes to impact approximately 3.90 acres of wetlands. According
to the jurisdictional Determination, these wetlands are in the headwaters of Island and Smith
Creeks, tributaries to the Northeast Cape Fear River. No streams exist on-site. The wetlands
located in the southwestern corner of the site have been identified as a high quality Carolina Bay.
The wetlands located directly adjacent to Interstate 140 (Wilmington Bypass) have been
characterized as degraded wetlands. The quality of these wetlands was directly impacted by the
construction of Interstate 140 (Wilmington Bypass), which severed this ecosystem and significantly
altered its hydrology.
NCDENR - DWQ determined that the project is not located within 1/2 mile of an SA-classified
waterbody. According to the United States Department of Agriculture Soil Survey of New Hanover
County (April 1977), wetlands within the site are classified as containing Leon sand (Le) and
Murville sand (Niu). These soils are characterized as poorly drained soils. Wetlands within the site
support various types of vegetation, primarily loblolly bay (gordonia lasianthus), gallberry (ilex glabra),
fetterbush (yonia lucida), titi (cyrilla racemij7ora) and arrow arum (Peltandra airginica). Uplands within the
site are classified as containing Leon sand (Le), Lynn Haven fine sand (Ly), Rimi sand (Rm), and
Wakulla sand (Wa). Leon sand and Lynn Haven fine sand are characterized as poorly drained soils,
while Rimi sand and Wakulla sand are characterized as excessively drained soils. Uplands within the
site support various types of vegetation, primarily loblolly pine (pinus taeda), sweet pepperbush (clethra
alnifolia), creeping blueberry (vaccinium crassifolium), and wiregrass (aristida strida).
HREATENED AND/OR ENDANGERED SPECIE
The USFWS has ten (10) species listed as threatened and/or endangered for New Hanover County,
NC. They include: American Alligator (Alligator Mississippiensis), Green Sea Turtle (Chelonia lwjdas),
Loggerhead Sea 'T'urtle (Canna Caretta), Piping Plover (Charadrius Melodus), Red-Cockaded
Woodpecker (Picoides Borealis), Shortnose Sturgeon (Aciperuer Brevirostrum), West Indian Manatee
(Trichechus Manaw), Cooley's Meadowrue (Thalietrum Cooleyt), Rough-Leaved Loosestrife (Lysimachia
Asperulaefolia), and Seabeach Amaranth (Amaranthus Pumilus). Of these ten (10) species, seven (7)
require a coastal, marine, or aquatic habitat, therefore excluding them from inhabiting the subject
Porter's Neck Crossing 3 of 11 July 23, 2010
property. They include: American Alligator, Green Sea Turtle, Loggerhead Sea Turtle, Piping
Plover, Shortnose Sturgeon, West Indian Manatee, and Seabeach Amaranth. The remaining three
(3) species could potentially exist on/near the area of the site. They are listed below with a
description of their habitat.
0 Red-Cockaded Woodpecker- This species prefers open stands of pine containing trees 60
years old and older for nesting and roosting, in which they excavate the cavities of these
larger older pines. Longleaf pines (Pinus palustris) are most commonly used, but other species
of southern pine are also inhabited. Dense stands (stands that are primarily hardwoods, or
that have a dense hardwood understory) are avoided. This species requires a foraging habitat
where pine and pine hardwood stands 30 years old or older with foraging preference for pine
trees 10 inches or larger in diameter. In a good, moderately-stocked, pine habitat, a suitable
foraging substrate can be provided on 80 to 125 acres.
0 Cooley's Meadowrue: This species can be found on circumneutral soils in grass-sedge bogs
and wet pine savannahs and savannah like areas. It can also grow along fire plow lines,
woodland clearings, power line rights-of-way, and roadside ditches. It needs some type of
disturbance such as fire or mowing to maintain its open habitat. This species can be often
found growing with tulip poplar (Liriodendmn tulipifera), bald cypress (Taxodium distichum),
and/or Atlantic white cedar (Chamaegparis thyoides).
0 Rough-Leaved Loosestrife: This species generally occurs in the ecotones or edges between
longleaf pine uplands and pond pine pocosins (areas of dense shrub and vine growth usually
on a wet, peaty, poorly drained soil), on moist to seasonally saturated sands, and on shallow
organic soils overlaying sand. This species has also been found on deep peat in the low
shrub community of large Carolina bays (shallow, elliptical, poorly drained depressions of
unknown origin). The grass-shrub ecotone, where tough-leaf loosestrife is found, is fire-
maintained, as are the adjacent plant communities (longleaf pine - scrub oak, savanna, flat,
and pocosin). Suppression of naturally-occurring fire in these ecotones results in shrubs
increasing in density and height and expanding to eliminate the open edges required by this
plant.
BRE issued a Phase I ESA of the subject property on November 16, 2007. As part of this ESA,
BRE reviewed data from the Environmental Data Resources, Inc. (EDR). EDR obtained
information regarding rare and endangered species from the NC Heritage Database. This
information did not indicate the presence of any rare or endangered species within the project limits.
Porter's Neck Crossing 4 of 11 July 23, 2010
However, the map indicated two rare or endangered species within 1.0 mile of the subject property.
BRE conducted site reconnaissance activities on numerous occasions in 2007, 2008, and 2009. BRE
personnel did not identify any threatened and/or endangered species on the subject property during
any site assessment activities.
EASABILITY OF ALTERNATIVE
Many alternatives were considered prior to choosing the proposed site plan. The alternatives
evaluated included several off-site locations and numerous versions of development for the
proposed site, including a "no-action" alternative.
Off-Site Alternatives
The original study area for this project was limited to the Highway 17 (Market Street) corridor,
within approximately three (3) miles of the subject property. Market Street serves as the primary
arterial for traffic traveling north/south in northeastern New Hanover County. When identifying
possible project sites, the applicant searched for properties with: (1) appropriate zoning classification
for commercial use and potential use, (2) feasibility to be served by public water and sanitary sewer,
(3) limited environmental concerns, (4) access to a major arterial roadway, and (5) a location in an
area which would conveniently serve the substantial and growing residential base of the Porter's
Neck community. The two most important of these were an established traffic infrastructure and
the availability of water and sanitary sewer service. An established traffic infrastructure provides
appropriate traffic flow into a development by means of an interchange or signalized intersection.
Pender County was considered for the type of proposed development, however, the lack of water
and sanitary sewer access made Pender County locations not a viable option. Several off-site
locations were considered prior to site selection for the proposed development. These locations did
not offer comparable advantages as the subject property. They include:
7241 Market Street
This 31.05 acre tract was once considered in 2006 by Walmart for a new store location. Due to poor
traffic infrastructure, the project site was eliminated. There was no direct access to Market Street
without wetland impacts. Off-site roadway improvements would have been financially prohibitive
and there was no roadway intersection at the project site.
7910 Market Street
Porter's Neck Crossing 5 of 11 July 23, 2010
This 39.74 acre tract appears to be approximately 25%-35% wetlands. Due to a current zoning
classification of R-15, this tract would have required rezoning and does not currently have signalized
access with public right of way. The configuration of the wetlands makes this property best suited
for residential development with perhaps a small commercial component to support neighborhood
services.
8405 Market Street
This 19.34 acre tract is owned by NCDOT as a spoil site. The site has frontage on I-140 but with
no access due to interstate highway restrictions. The site appears to be 50% wetlands and/or
drainage area. The site is an environmental requirement for the NCDOT due to the development of
the I-140 corridor. The site as a stand alone parcel is not large enough to support the applicant's
development and not contiguous to other large tracts to be assembled for the applicant's proposed
use.
8605 Market Street
The 15.70 acre site is zoned R-15. Access to the site is provided from a cul-de-sac on Stephens
Church Road. The site is not large enough for the proposed development. Furthermore, Stephens
Church Road could not be improved sufficiently to handle the future traffic from the applicant's
desired development.
703 Stephens Church R
This 16.62 acre tract is zoned O&I. Access to the site is provided from a cul-de-sac on Stephens
Church Road. The site is not large enough for the proposed development. Furthermore, Stephens
Church Road could not be improved sufficiently to handle the future traffic from the applicant's
desired development. The site appears to be 30% wetlands, primarily on the portion fronting
Stephens Church Road.
9000 Market Street
This 100 acre tract is owned jointly by New Hanover Regional Medical Center and a partnership of
over 50 medical doctors. This site is already master planned and approved for surgery center,
hospital, and four medical office buildings of 40,000sf each. The construction of the surgery center
is already completed and the site is not available. Existing access is already established to support
medical uses and is not suited for a regional retail center.
Porter's Neck Crossing 6 of 11 July 23, 2010
On-Site Alternatives
Once the subject property was selected as the best location for the proposed development, many
site layouts were considered. Various options ranged from no wetlands impact to maximum
development. Based on agency feedback from the previously submitted permit application for this
project, the proposed building square footage for the applicant's preferred project has been reduced
by approximately 30,000 square feet, therefore, reducing the wetland impact by 66%. A brief
description of each layout is listed below. Site plans illustrating each layout are attached.
5.90 Acres of Wetland Impact reviously Submitted App icationl
This plan was initially submitted with an Individual Permit application in April 2007. This site plan
included approximately 380,000sf of mixed commercial/retail buildings. The proposed parking ratio
for this plan was 5.32 per 1,000sf of building area. Total wetland impacts were 5.90 acres with 2.43
acres of those impacts to the Carolina Bay portion of the tract which has the highest functional
value. Due to changes in economic conditions, including cost of construction, the applicant has
been able to reduce the total building area. A portion of this reduction was a result of Lowe's
reducing their proposed building size, which has eliminated wetland impacts on the Lowe's parcel.
The proposed parking ratio has also been reduced to eliminate wetland impacts. Therefore, this
plan is no longer a consideration for the development.
No Action Alternative (Alternate #71
A no-wetland impact alternate plan was prepared in which no wetlands would be disturbed. Due to
several fingers protruding into the project area, avoiding wetlands entirely severely limits the ability
to develop the site. The wetland fingers require smaller buildings to be placed in the upland areas
with insufficient interconnectivity for traffic circulation. Visibility is also reduced for the
westernmost areas, reducing marketability. This site plan only allows three small outparcels and
260,000 square feet of retail buildings. Smaller retail buildings limit the type of retail development
and limit the overall marketability of the site. These limits to the retail development result in the
project being not practicable. Because of these reasons, this site plan is not considered a practical
alternative to satisfy the applicant's or the public's purpose and need.
Alternative #1
Porter's Neck Crossing 7 of 11 July 23, 2010
This alternative included the construction of 368,112 square feet of commercial/retail space and
four outparcels with associated parking and paved areas. Approximately 5.17 acres of wetland
would be impacted with diis site plan.
Alternative #2
This alternative included the construction of 361,878 square feet of commercial/retail space and five
outparcels with associated parking and paved areas. Approximately 5.14 acres of wetland would be
impacted with this site plan.
Alternative #3
This alternative included the construction of 261,812 square feet of commercial/retail space and
four outparcels with associated parking and paved areas. Approximately 1.45 acres of wetland
would be impacted with this site plan. This alternative did not provide enough buildable area to
make the project financially feasible.
Alternative #4
This alternative included the construction of 350,012 square feet of commercial/retail space and
four outparcels with associated parking and paved areas. Approximately 5.7 acres of wetland would
be impacted with this site plan.
Alternative #5
This alternative included the construction of 349,978 square feet of commercial/retail space and five
outparcels with associated parking and paved areas. Approximately 5.7 acres of wetland would be
impacted with this site plan.
Alternative #6
This alternative included the construction of 274,612 square feet of commercial/ retail space and
four outparcels with associated parking and paved areas. Approximately 1.28 acres of wetland
would be impacted with this site plan. This alternative did not provide enough buildable area to
make the project financially feasible.
Conceptual Layout #1
Porter's Neck Crossing 8 of 11 July 23, 2010
This alternative included the construction of 273,864 square feet of commercial/retail space, five
outparcels, and a hotel with associated parking and paved areas. Approximately 2.86 acres of
wetland would be impacted with this site plan. This alternative did not provide enough buildable
area to make the project financially feasible.
Conceptual Layout #2
This alternative included the construction of 311,748 square feet of commercial/retail space, five
outparcels, and a hotel with associated parking and paved areas. Approximately 4.1 acres of wetland
would be impacted with this site plan.
Conceptual Layout #3
This alternative included the construction of 284,025 square feet of commercial/retail space, five
outparcels, and a hotel with associated parking and paved areas. Approximately 3.9 acres of wetland
would be impacted with this site plan. This alternative does not provide the adequate parking ratio
of 4.0 per 1,000 square feet and is therefore not practicable.
licant's Preferred Altemative Conce tual La out #4
The applicant's intention and need is to develop an economically viable (practicable) multi-resource,
regional shopping center with at least one anchor retailer along with complimentary commercial
services to include retail, restaurant, and hotel uses. Off-site Parcels of were considered, but none
were found to be a practical alternative. Development of the subject property is targeted to serve
the Porter's Neck community as well as the growing US Hwy 17 (Market Street) corridor in
northeast New Hanover County. The center will likely serve the population located 5 miles south
and 10 miles north along US Hwy 17 as well as any future population concentrations along
Interstate 140.
The preferred alternative consists of 284,025 possible retail, five outparcels, and a hotel along with
associated parking and access roads. This will provide a possible total commercial footprint of
approximately 325,000sf. The proposed parking ratio for the preferred project is 4.12 per 1,000sf
(4.39 for Phase II). As previously mentioned, the project location is consistent with the 2006
Wilmington-New Hanover County Joint Coastal Area Management Plan (CANNA plan) by the New
Hanover Planning Department. Development as outlined in the preferred project would create a
boost to the local economy, create an increase in the local tax base, and create approximately 150
Porter's Neck Crossing 9 of 11 July 23, 2010
jobs for the community at a time when job losses are abundant. In addition, the availability and
extension of water and sanitary sewer services and the existing roadway infrastructure at this
intersection substantially reduce collateral impacts.
Potential Environmental Impacts
The proposed project would impact a total of 3.90 acres of wetlands. Of these impacts, only 0.09
acres are to the wetlands in the Carolina Bay Pocosin area with highest functional value. The site
plan was revised from the previous Individual Permit application to minimize the impacts to these
wetlands with the higher value by reducing the building sizes and reducing the proposed parking
ratio. Secondary impacts to wetlands which could occur during and after construction will be
minimized by the implementation of a stormwater management plan and erosion and sedimentation
control plan. The implementation of these plans will reduce the potential for erosion or runoff into
the adjacent wetlands. As previously mentioned, this site is classified on the 2006 CANIA Land
Classification map as transition for the southeast portion and aquifer resource protection for the
northwestern portions. The transition area has the purpose of providing future intensive urban
development on lands that have or will have urban services. The Applicant's Preferred Alternative
complies with North Carolina's approved coastal management program policies and will be
conducted in concurrence with the program. After numerous studies of re-configuration, the
Applicant believes the Preferred Alternative is the Least Environmentally Damaging Practical
Alternative.
RACTICABILITY - FINANCIAL FEASABILIT
The total square footage and number of buildings within the project area is based upon the purchase
price of the properties, development expenses, and the applicant's projected profit .margin. The
applicant, ACI, is the current owner of the 53.8 acre site and has leased 15.60 acres to Lowe's Home
Centers for a new Lowe's Home Improvement Warehouse (Phase I). The development cost
including design and construction fees for the roadway improvements, water, sanitary sewer, and
storm water infrastructures which have been incurred as a condition of the rezoning of the Lowe's
tract is approximately $8,944,231. Only the Applicant's Preferred Alternative will allow the
developers to achieve a return on investment between 3% and 5%.
Total Expenses (Land, Site, Building, and Soft Costs) $14,403,439- $17,321,939
Porter's Neck Crossing 10 of 11 July 23, 2010
Less:
Anticipated Project Revenues: Range:
Net Outlot Revenues- Sale of 5 Outlots:
$2,500,000 - $3,500,000
Equals:
Net Anticipated Project Development Expenses: 511.903,439 - $13,821,939
Year Cash Flow: Rang:
Net Retail Building Revenues (after expenses, principal and interest) $386,995-$685,190
Return on Investment:
Return on Cost: $386,995/$11,903,439 = 3.25% to $685,190/$13,821,939 = 4.96%
GATIOI?I
MITI
In order to mitigate for the proposed wetland impacts, a conservation easement will be placed on all
remaining wetlands within the tracts to prohibit any wedand impacts from future development
beyond the request of this permit application. This will permanently protect approximately 13 acres
of wetlands, including the on-site Carolina Bay. The applicant also intends to further compensate
the wetland impacts by purchasing 3.9 acres of wetland credits from an approved mitigation bank or
by payment to the N.C. EEP program, as determined by the USACE and DWQ. The applicant is
aware of the importance of ecosystems and wants to work closely with the USACE, NCDENR, and
NCDCM, to make sure its concerns are addressed.
Porter's Neck Crossing 11 of 11 July 23, 2010
FIGURE 1
VICINITY MAP - NOT TO SCALE
Aerial Map
53.504 Acres - Subject Property
Wilminbton, NC
FIGURE 2A
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53.504 Acres - Subject Property
Wilmington, NC
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