20070699 Ver 2_More Info Received_20101026

Blue Ridge En ineeringPLLC No 'attb t ??ri Willct??,l.?« kesl)o
I?ltrra, NC 28659
October 25, 2010
Ian McMillan
401 Oversight/Express Review Permitting Unit
NCDENR - Division of Water Quality
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Ref Request for More Information - Additional Copies
Porter's Neck Crossing
New Hanover County, NC
Dear Mr. McMillan:
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U?ENR- NT?E?R-Q)UA1'.j-rVp
We mistakenly shipped you only one (1) copy of our submittal regarding the request for more information.
Please find enclosed four (4) additional copies of our submittal to accommodate the earlier shipment.
We apologize for any inconvenience this may have caused. Thank you for your assistance with this project.
Sincerely,
M. De J &taley.,
Engineering Manage
cc: 7015

Blue Ridge Engineer PLLC 529 Main Street
North Wilkesboro, NC 28659
• ik [phone]
October 22, 2010
Ian McMillan
401 Oversight/Express Review Permitting Unit
NCDENR - Division of Water Quality
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Ref: Request for More Information
Porter's Neck Crossing
New Hanover County, NC
Dear Mr. McMillan:
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DENR - WATER QUALI'fy
V ETLANDS AND V0Ra-t:A11 ER BRANCH
We appreciate your response letter dated September 20, 2010 in which you provided comments and
requested additional information regarding the proposed Porter's Neck Crossing development. You
requested additional information be provided for eight items. Below is a response to each of those
requested items.
1. In the previously submitted application, the preferred alternative had a total of 380,000 square feet
of retail area and a parking ratio of 5.32 per 1,000 square feet of retail area. In an effort to reduce
wetland impacts and in response to those comments received in 2007, several site plan alternatives
were prepared and considered. After much consideration, the applicant was able to accept the
current preferred alternative. The current alternative is economically practicable and has a
significant reduction in building area and parking space ratio as compared to the previously
submitted alternative. Due to the change in market conditions since the previously submitted
application, these changes could be made while maintaining an acceptable return on investment.
The applicant's current preferred alternative has a total of 284,025 square feet of retail area and a
much lower parking ratio of 4.39 parking spaces per 1,000 square feet of floor area. Through the
efforts made since the 2007 submittal, there has been a substantial reduction in the wetland impacts,
parking ratio, and building areas while maintaining a practicable development.
In creating the Preferred Alternative, it was the intent of the developer to minimize impacts to the
maximum extent practicable and in turn have an acceptable total building area and associated
parking to create an economically viable development. Layouts varied from no wetland impacts to
5.9 acres of impacts and total building areas varied from to 260,000sf to 380,000sf. As described in
the Project Narrative, each alternative was carefully evaluated to determine if it was a viable option.
The basis for dismissing alternatives included significant wetland impacts, inadequate buildable area,
lack of adequate parking ratio, financial infeasibility, and poor marketability.
The Preferred Alternative was selected because of its practicability and financial feasibility given the
purchase price of the properties, development expenses, and the applicant's pro)ected profit margin.
The Applicant's Preferred Alternative will allow the developer to achieve an acceptable return on
investment between 3% and 5%. Reconfiguration of the Preferred Alternative to reduce the
wetland impacts would result in a reduction of total building area and/or parking areas and therefore
have an adverse affect on the project's economic viability.
Based upon all efforts made to reduce the wetland impacts from the previously submitted plan, the
Preferred Alternative achieves the goal of minimizing impacts while maintaining the integrity of a
shopping center which can serve the Porter's Neck Community. The developer realizes the impact
this development will have on the environment and has proposed an adequate compensatory
mitigation plan.
2. In your letter, you state that parking spaces could be eliminated due to the New Hanover County
ordinance only requiring a minimum of 1 parking space per 400 square feet of retail area, a ratio of
2.5 parking spaces per 1,000 square feet of retail area. We understand that the proposed parking
ratio is greater than the New Hanover County minimum. This minimum requirement is not
adequate to serve the proposed "junior box" retail buildings and their traffic generation volume.
This minimum would however be adequate for low volume traffic generating retail uses. Currently,
"junior box" retailers generally require 5.0 parking spaces per 1,000sf of retail area. The preferred
alternative proposes a parking ratio of 4.39 parking spaces per 1,000 square feet of retail area which
is considerably less than the 5.32 ratio proposed in the previously submitted alternative.
3. As requested, the pond located in the northwestern corner will be designed to maximize the use of
all uplands while maintaining the dimensional requirements of the Division of Water Quality.
However, due to the isolated nature of these uplands and the wetlands located to the north and
south, the use of the westernmost uplands will not aid in minimizing wetland impacts in other areas
of the development. As the design of stormwater ponds progress, it is very likely that all uplands in
this area will be needed to meet Division of Water Quality design requirements.
4. As requested, the site plan has been included at 1"=50' scale with existing topographic contours
shown. All wetlands impacts are shown on the site plan. There are no other streams or other
waters of the State within the project limits.
5. As requested, a compensatory mitigation plan is enclosed.
6. A copy of the conservation easement/restrictive covenant is attached.
7. Parking decks are not economically feasible for the project. Generally, construction costs for
parking decks range from $15,000 to $20,000 per parking space. The cost of a standard surface
parking lot is approximately $3,000 per parking space. Also, parking decks are not practicable for
commercial retail developments such as Porter's Neck Crossing and are better suited for multi-level
shopping malls or buildings with entrances on multiple levels.
Shared parking from adjacent developments is not available within an acceptable walking distance to
serve the development. There will be shared parking between adjacent retail uses within Phase II of
the development. This shared parking has assisted in the proposed parking ratio being reduced to
4.39 spaces per 1,000sf of retail area.
8. Multi-level buildings are not common or practicable for commercial retail developments such as
Porter's Neck Crossing. Multi-level buildings are common in developments which include multi-
family located above the retail uses, but this is more common in small scale retail uses. Multi-level
buildings are also common in shopping malls served by interior corridors. Nearly all of the likely
national brand retail merchants prefer single story buildings and require parking in front of their
buildings. The applicant's preferred plan anticipates junior box tenants occupying the majority of
retail space (e.g. Best Buy, Michael's, Petsmart, hhgregg, Hobby Lobby, etc.). While the applicant
can encourage a multi-level building, it cannot be assumed that a prospective tenant will accept the
requirement of a multi-level building.
It is our hope that this response adequately addresses all of the concerns expressed. Please let me know if
you have any further questions or if I can help in any other manner. Thank you for your assistance with this
project.
Sincerely,
M. Devin taley,
Engineering Manage
cc: Chad Coburn, NCDWQ
Christie Wicker, USACE
James A. Black, ACI
George House, BPMHL
Martin Fridy, MPG
? Blue Ridge Engineering PLLc
Compensatory Mitigation Plan
Project: ACI Pine Ridge, LLC
Porters Neck Crossing
Island Creek [030623,18-74-50, C, SW]
Cape Fear River Basin
HUC 0303-0007
SAW-2006-41551
New Hanover County, NC
529 Main Street
North Wilkesboro, NC 28659
[phone]
P-0205
Total impacts to non-riparian wetlands are 3.9 acres. Mitigation is proposed in accordance with NCAC
T15A:02H.0506(h). There currently are no private mitigation banks located within the hydrologic area
having a Hydrologic Unit Code of 03030007.
The area of mitigation required utilizing restoration (1.0 ratio) is 3.9 acres. The area of mitigation required
utilizing creation (1.5 ratio) is 5.85 acres. The area of mitigation required utilizing enhancement (2.0 ratio) is
7.8 acres. The area of mitigation required utilizing preservation (5.0 ratio) is 19.5 acres.
Mitigation is proposed utilizing both creation and preservation. Purchase of creation mitigation credits equal
to 2.0 acres of wetlands in the hydrologic area utilizing the Ecosystem Enhancement Program (EEP) is
proposed. This provides a credit towards impacted areas of 2.0/1.5= 1.33 acres. Acceptance by EEP is
attached for reference.
Mitigation of the remaining impacted area of 2.57 acres by preserving 12.85 acres of undisturbed wetlands
on-site is proposed. Preservation will be achieved utilizing restrictive covenants to be recorded in the New
Hanover County public registry. This provides a credit towards impacted areas of 12.85/5.0= 2.57 acres.
Restrictive Covenants for Wetlands Preservation are attached for referenced.
Restrictive Covenants for Wetlands Preservation at
Porters Neck Crossing
New Hanover County, NC
These restrictive covenants are made and entered into as of _ day of , 2010, by and
between ACI Pine Ridge, LLC, a North Carolina limited liability company, and ACPR
Leasehold, LLC, a North Carolina limited liability company;
Whereas, ACPR Leasehold, LLC is the owner of Lot 7 and ACI Pine Ridge, LLC is the
owner of Lots 8 and 9 of Porters Neck Crossing located in New Hanover County, North
Carolina, as recorded at Map Book 53, Page 308 in the New Hanover County Registry; and
Whereas, ACPR Leasehold, LLC and ACI Pine, Ridge, LLC wish to preserve those wetlands
on Lots 7, 8, and 9 identified as conservation areas, particularly described on Exhibit A
attached hereto;
Now therefore, "The areas shown on the recorded plat (identify the plat by title, date, and
recording data) as conservation areas shall be maintained in perpetuity in their natural or
mitigated condition.
No person or entity shall perform any of the following activities on such conservation area:
a. fill, grade, excavate or perform any other land disturbing activities
b. cut, mow, burn, remove, or harm any vegetation
c. construct or place any roads, trails, walkways, buildings, mobile homes, signs,
utility poles or towers, or any other permanent or temporary structures
d. drain or otherwise disrupt or alter the hydrology or drainage ways of the
conservation area
e. dump or store soil, trash, or other waste
f. graze or water animals, or use for any agricultural or horticultural purpose
This covenant is intended to ensure continued compliance with the mitigation condition of a
Clean Water Act authorization issued by.-the United States of America, U.S. Army Corps of
Engineers, Wilmington District, Action ID , and therefore may be enforced by the
United States of America. This covenant is to run with the land, and shall be binding on the
Owner, and all parties claiming under it."
ACI-Pine Ridge, LLC
By:
By:
James A. Black, Jr. - Manager
ACPR Leasehold, LLC
James A. Black, Jr. - Manager
NO-
, °oTtem
PROGRAM
October 18, 2010
James Black, Jr.
ACI-Pine Ridge, LLC
1400 W. Northwood St.
Greensboro, NC 27408
Project: Porters Neck Crossing
Expiration of Acceptance: July 18, 2011
County: New Hanover
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved. You must also eomnly with all other state, federal or local
government permits regulations or authorizations associated with the =ooagd activity including SL 2009-337• An Act to Promote
Comoensatorv Mitigation by Private Mitiggtion Banks,
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certttlcation/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impact Cape Fear 03030007 0 0 0 0 3.9 0 0 0
Credits Cape Fear 03030007 0 0 0 0 Up to 7.8 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be.responsible for the additional mitigation, the
applicant will treed to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In-Lieu Fee
Instrument dated July 28, 2010.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
'4 I
Will D. Gilmore, PE
D'
cc: Ian McMillan, NCDWQ WedarxW401 Unit
Christie Wicker, USACE-Wilmington
Doug Huggett, NCDCM-Morehead City
Neil Shepherd, agent
File
Restvri;1I5... EK,ll ate... Pro", Oar Stag
sx??__w,.F,

North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
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