20070699 Ver 2_More Info Received_20100726

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[phone]
July 23, 2010
Mrs. Emily Hughes
U.S. Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
Ref: Individual Permit Application
Porter's Neck Crossing
New Hanover County, NC
Dear Mrs. Hughes:
Please find the enclosed Individual Permit submittal for the above referenced project. This application is
being submitted on behalf of ACI-Pine Ridge, LLC for the construction of the Porter's Neck Crossing
Shopping Center, a new development located at the intersection of Market Street and Porter's Neck Road in
New Hanover County, NC. The proposed project will impact 3.90 acres of 404 wetlands. To compensate
for these i -npacts, the applicant proposes to preserve the remaining 13 acres of wetlands on the property
and further compensate by purchasing credits from an approved mitigation bank or payment to the
Ecosystem Enhancement Program.
The application form, project narrative, and associated plans are enclosed for your review. Please feel free
to call with any questions. Thanks in advance for your assistance with this project.
Sincerely,
M. Devin taley,
Engineering Manage
cc: Mr. James A. Black, Jr., ACT
Mr. Martin Fridy, MPG
Mr. George House, BPMHL
Ms. Joanne Steenhuis, DWQ
Mr. Stephen Rynas, DCM
File #7015
p 529 Main Street
Blue Ridge Engineering '6 ?..LC North Wilkesboro, NC 28659
[phone]
July 23, 2010
Ms. Joanne Steenhuis
Division of Water Quality
127 Cardinal Drive Extension
Wd muigton, NC 28405
Ref: 401 Water Quality Certification Application
Porter's Neck Crossing
New Hanover County, NC
Dear Ms. Steenhuis:
Please find the enclosed 401 Water Quality Certification submittal for the above referenced project. This
application is being submitted on behalf of ACI-Pine Ridge, LLC for the construction of the Porter's Neck
Crossing Shopping Center, a new development located at the intersection of Market Street and Porter's
Neck Road in New Hanover County, NC. The proposed project will impact 3.90 acres of 404 wetlands. To
compensate for these impacts, the applicant proposes to preserve the remaining 13 acres of wetlands on the
property and further compensate by purchasing credits from an approved mitigation bank or payment to the
Ecosystem Enhancement Program.
The application form, project narrative, and associated plans are enclosed for your review. The $570
application fee is also enclosed. Please feel free to call with any questions. Thanks in advance for your
assistance with this project.
Sincerely,
/VI
M. Devin taley,
Engineering Manage
cc: Mr. James A. Black, Jr., ACI
Mr. Martin Fridy, MPG
George House, BPMHL
Mrs. En-ily Hughes, USACE
Mr. Stephen Rynas, DCM
File #7015
„. Y!g 529 Main Street
?• Blue Ridge En(ii7 1 ee t? PLLC North Wilkesboro, NC 28659
?j rj (336) 8,38-2500
July 23, 2010
Stephen Rynas
Federal Consistency Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
Ref Request for concurrence
Porter's Neck Crossing
New Hanover County, NC
Dear Mr. Rynas:
On behalf of ACI-Pine Ridge, LLC, Blue Ridge Engineering PLLC requests concurrence from the Division
of Coastal Management of the applicant's consistency certification. The applicant is proposing the
construction of the Porter's Neck Crossing Shopping Center, a new development located at the intersection
of Market Street and Porter's Neck Road in New Hanover County, NC. The proposed project will impact
3.90 acres of 404 wetlands. To compensate for these impacts, the applicant proposes to preserve the
remaining 13 acres of wetlands on the property and further compensate by purchasing credits from an
approved mitigation bank or payment to the Ecosystem Enhancement Program. The applicant has applied
for an Individual Permit and a 401 Water Quality Certification for this project.
We have reviewed the State's coastal program regulations and the local Land Use Plan for New Hanover
County. The proposed development complies with the policies of North Carolina's approved coastal
management plan and will be performed in a manner consistent with these policies. Enclosed you will find
a copy of the Individual Permit application and Project Narrative, which describe the project's compliance
with the coastal program regulations, specifically avoidance and minimization of wetland impacts, water
quality protection, and Mitigation. The application fee of $475 is also enclosed.
Please feel free to call with any questions. Thanks in advance for your assistance with this project.
Sincerely,
M io
M. Devin taley,
Engineering Manage
cc: Mr. James A. Black, Jr., ACI
Mr. Martin Fridy, MPG
George House, BPMHL
Mrs. Emily Hughes, USACE
Ms. Joanne Steenhuis, DWQ
File #7015
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003
(33 CFR 323) EXPIRES: 31 August 2012
Public reporting burden for this collection of information is estimated to average 11 hours per response, including 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, Executive Services and Communications Directorate, Information Management Division and to the Office of Management and Budget,
Paperwork Reduction Project (0710-0003). Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any
penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Ple ase DO NOT RETURN your form to
either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research
and Sanctuaries
,
Act, Section 103, 33 USC 1413; Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320-332. 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, and the public and may be made available as part of a public notice as required by Federal law. Submission of
requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor 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
completed 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 COMPLETE
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANT'S NAME: 8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required)
First - James Middle - A. Last - Black First - M. Middle - Devin Last - Staley, PE
Company- ACI - Pine Ridge, LLC Company- Blue Ridge Engineering PLLC
E-mail Address - [e-mail] E-mail Address - [e-mail]
6. APPLICANT'S ADDRESS. 9. AGENT'S ADDRESS
Address - 1400 W. Northwood Street Address - 529 Main Street
City - Greensboro Stale - NC Zip - 27408 Country - USA City - North Wilkesboro State - NC Zip - 28659 Country - USA
7. APPLICANT'S PHONE NOs. W/AREA CODE. 10. AGENTS PHONE NOs. W/AREA CODE
a. Residence b. Business c. Fax a. Residence b. Business c. Fax
336-558-8052 336-383-5901 336-275-0807 336-452-0500 336-838-2500 336-838-4179
STATEMENT OF A UTHORIZA TION
11. 1 hereby authorize, ° c Q' to act in my behalf as my agent in the processing of this application and to furnish, upon request,
supplemental i formation in su ort 0I this per t application. rrA
'
/
}f
APPLICANT'S SIGNATURE DATE
NAME, L CATION, AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see insbuctlons)
Porter's Neck Crossing
13. NAME OF WATERBODY, IF KNOWN (ilappiicable) 14. PROJECT STREET ADDRESS (u applicable)
Address
15. LOCATION OF PROJECT 183 Porter's Neck Road
Latitude: °N 34.303
Longitude: 'W 77.789 City - Wilmington State - NC Zip - 28411
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see insimccons)
State Tax Parcel ID SEE ATTACHMENT Municipality
Section - Township - Ranae -
17. DIRECTIONS TO THE SITE
From Wilmington: Travel North on Market St. (Hwy 17). Turn left onto Porter's Neck Road. Project is located behind Porter's Neck Shopping Center.
ENG FORM 4345, SEPT 2009 EDITION OF OCT 2004 IS OBSOLETE Proponent: CECW-OR
18. Nature of Activity (Description of project, include all features)
The preferred project consists of 3.9 Ac. of wetland impact on a 53.8 Ac. site. Development of the site will include commer
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
To provide a commercial/retail development within the expanding section of northern New Hanover County. SEE ATTACHMENT
USE BLOCKS 20.23 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
To provide an adequate area on which to construct commercial/retail space. SEE ATTACHMENT
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards:
Type SEE ATTACHMENT Type Type
Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
Acres 3.9 Ac. SEE ATTACHMENT
Or
Liner Feet
23. Description of Avoidance, Minimization, and Compensation (see instructions)
SEE ATTACHMENT
24. Is Any Portion of the Work Already Complete? Yes 2L No _ IF YES, DESCRIBE THE COMPLETED WORK
As a condition of the rezoning of the Lowe's tract; water, sanitary sewer, stormwater, and roadway improvements are under c
25. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list).
Address- SEE ATTACHMENT
City - State - Zip -
26. List of Other Certifications or Approvals/Denials Received from other Federal, State, or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
SEE ATTACHMENT
Would include but is not restricted to zoning, building, and flood plain permits
27. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is
complete and 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.
ozlz3 ??
SIGNATURE OF APPLICANT DATE ,zZSI TURE GENT 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 11 has been 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 makes 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 not more than five years or both.
ENG FORM 4345, SEPT 2009
Blocks continued
Block 18 continued:
cial/retail space, associated parking and internal access roads. SEE ATTACHMENT
Block 24 continued:
onstruction. No fill material has been placed in the wetlands. SEE ATTACHMENT
ENG FORM 4245, SEPT 2009 EDITION OF OCT 2004 IS OBSOLETE Proponent: CECW-OR
Block 16 - Location Description
Porter's Neck Crossing
New Hanover County, NC
July 23, 2010
ACI - Pine Ridge, LLC
The subject property consists of the following eight tracts:
PID# Physical Address Auproximate Size
R02800-001-177-000 167 Porter's Neck Road 1.171 Ac.
R02800-001-178-000 163 Porter's Neck Road 1.802 Ac.
R02800-001-179-000 164 & 168 Porter's Neck Road 1.984 Ac.
R02800-001-180-000 178 Porter's Neck Road 1.470 Ac.
R02800-001-181-000 188 Porter's Neck Road 1.308 Ac.
R02800-001-183-000 191 Porter's Neck Road 15.600 Ac.
R02800-001-184-000 179 & 183 Porter's Neck Road 19.779 Ac.
R02800-001-185-000 175 Porter's Neck Road 9.000 Ac.
----- Roadway R/W 1.686 Ac.
Block 24 - Adjoining Property Owners
Porter's Neck Crossing July 23, 2010
New Hanover County, NC ACI - Pine Ridge, LLC
In addition to those listed below, the subject property is adjoined NCDOT Right-of-Way for
Interstate 140 (Wilmington Bypass) to the north and for US Highway 17 (Market Street) to the east.
The following information was obtained from New Hanover County GIS:
PID# Property Owner
Porter's Neck Center Inc.
R02800-001-156-000 616 Princess Street
Wilmington, NC 28401
Gray Property 2205 LLC
R02800-001-143-000 56004 Monument Avenue 20
Richmond, VA 23230
Covil Crossing Group LLC
R02800-001-025-000 P.O. Box 777
R02800-001-026-000 Carolina Beach, NC 28428
R2800-002-003-000 Scarafoni Associates NC Inc.
R2800-002-004-000 616 Princess Street
R2800-001-182-000 Wilmington, NC 28401
Block 26 - Other Certifications /Approvals
Porter's Neck Crossing
New Hanover County, NC
July 23, 2010
ACI - Pine Ridge, LLC
Agency Type Approval Identification
Number
Date Applied
Date Approved
NCDENR - DW Stormwater SW8 080742 08-12-08 08-19-08
NHC Stormwater 471-09/02/08 07-01-08 09-02-08
CFPUA Water NC0465232 07-01-08 10-29-08
NCDENR - DWQ Water PWSID:04-65-232 11-07-08 02-17-09
NCDENR- DWQ Sanitary Sewer WQ0033576 08-07-08 12-05-08
CFPUA Sanitai Sewer File #217.30 05-23-08 10-27-08
NCDOT Encroachment E-65-08-150 05-14-08 12-30-08
NCDOT Driveway D-65-08-042 07-01-08 01-07-09
NHC Erosion Control 44-08 07-01-08 10-15-08
NHC Rezoning 2-861 03-22-07 09-04-07

PROJECT NARRATIVE
Porter's Neck Crossing July 23, 2010
New Hanover County, NC ACI - Pine Ridge, LLC
INTRODUCTIO
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 (JD) 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 IDENTIFICATIO
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, approxitnately 53.8 acres, including approxumately 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 (Wihmington 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

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.
EXISTING CONDITIONS
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 storrmwater 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 umprovements to Highway 17, and
construction of an internal drive connection to the existing Food 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
approxiunately 194,000 square feet of retail/ commercial space, associated access drives and parking
areas. Phase II of the project proposes to impact approxitnately 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 '/z 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 (Mu). 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 (?onia hicida), tid (cyrilla racemiflora) and arrow arum (peltandra virginica). Uplands within the
site are classified as containing Leon sand (Le), Lynn Haven fine sand (Ly), Rimi sand (Rin), and
Wakulla sand (Wa). Leon sand and Lynn Haven fine sand are characterized as poorly drained soils,
while Rani 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
ahiifolia), creeping blueberry (vaccinium crassi blium), and wiregrass (aristida stricta).
HREATENED AND/OR ENDANGERED SPECIES
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 (Cheloma Mydas),
Loggerhead Sea Turtle (Caretta Caretta), Piping Plover (Charadrius Melodus), Red-Cockaded
Woodpecker (Picoides Borealis), Shortnose Sturgeon (Acoenser Brevirostrum), West Indian Manatee
(Diehechus Manatue), Cooley's Meadowrue (Thalictrum Cooleyz), Rough-Leaved Loosestrife (Lysimachia
Aipemlaefolia), 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 (L.,iriodendron tulipifera), bald cypress (Taxodium distichum),
and/or Atlantic white cedar (Chamaeyparis 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 cotmtmunity of large Carolina bays (shallow, elliptical, poorly drained depressions of
unknown origin). The grass-shrub ecotone, where rough-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.
FEASABILITY OF ALTERNATIVES
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 Wahmart 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.
8703 Stephens Church Road
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 unproved 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 (Previously Submitted Application)
This plan was initially submitted with an Individual Permit application in April 2007. This site plan
included approxunately 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 unpacts 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 #7?
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. Approximmately 5.17 acres of wetland
would be impacted with this 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.
La out #4
?ppficant's Preferred Alternative (Conceptual
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 (CAMA 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 tithe 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 tninunize 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 uplementation 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.
PRACTICABILITY - 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%.
Anticipated Project Development Expenses: Range of Costs:
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: $11,903,439 - $13,821,939
Yearly Cash Flow: Range:
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%
JMITIGATIO
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 wetland 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
LIST OF FIGURES
Porter's Neck Crossing July 23, 2010
New Hanover County, NC ACI - Pine Ridge, LLC
Figure 1 Vicinity Map
Figure 2A Aerial Map
Figure 2B Topographical Map
Figure 3 Previously Submitted Plan
Figure 4 No Action - Alternate #7
Figure 5 Alternate #1
Figure 6 Alternate #2
Figure 7 Alternate #3
Figure 8 Alternate #4
Figure 9 Alternate #5
Figure 10 Alternate #6
Figure 11 Conceptual Layout #1
Figure 12 Conceptual Layout #2
Figure 13 Conceptual Layout #3
Figure 14 Preferred Project (Conceptual Layout #4)
VICINITY MAP -NOT TO SCALE
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