20070699 Ver 2_More Info Received_20101220

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? ? Blue Ridge Engineering PLLc
December 17, 2010
Ian McMillan
NCDENR - Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
Ref: Request for More Information
Porter's Neck Crossing
New Hanover County, NC
Dear Mr. McMillan:
7- aUgq 0 )
529 Main Street
North Wilkesboro, NC 28659
[phone]
DEC 2 0 ?010
WATFR.
?AND ?
We appreciate your response letter dated November 18, 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 four items. Below is a response to each of those requested
items.
1. As discussed earlier today, the proposed wetlands impacts are non-riparian wetlands. This is not a
linear project and proposed impacts are located greater than 1,000 feet from the nearest water body
as shown on the most recent USGS topographical map. We have discussed the revised
compensatory mitigation plan attached with Mr. Tom Walker and Ms. Christine Wicker with U.S.
Army Corps. They are satisfied with mitigation consisting of purchase of 4.0 acres of non-riparian
credits from EEP and preservation of 12 acres on-site. This compensatory mitigation meets the
requirements of 15A NCAC 2H 0.500 and SB1885, and is appropriate to the type of impacts
proposed.
2. The conservation easement/restrictive covenant is attached.
3. The New Hanover County Ordinance requires that all parking and loading be from the rear or side
of the principal structure as viewed from I-140. This would require any proposed parking deck to
be in front of the proposed tenant, blocking their view from Highway 17 (development entrance)
and thus making the site unmarketable for the national brand retailers which rely heavily on
visibility.
Also, parking decks are not common 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. The cost of a standard surface parking lot is approximately $3,000 per parking space versus
$15,000 to $20,000 per space for parking decks. Parking decks would make the project economically
infeasible.
There will be shared parking between adjacent retail uses within Phase II of the development.
Shared parking from adjacent developments is not available within an acceptable walking distance to
serve the development. This shared parking has assisted in the proposed parking ratio being
reduced to 4.39 spaces per 1,000sf of retail area.
4. Multi-level retail buildings are not common in large scale retail uses such as the prospective tenants
for Porter's Neck Crossing. Multi-level retail buildings are more common in shopping malls and
small scale retail occupying smaller spaces. These types of developments are usually located in
markets with a very high population density. It is very difficult to market a development with the
requirement of multi-story construction, especially for national brand retailers. National retailers do
not typically have prototypical buildings designed for multi-story construction.
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,
/Y1 M
M. Devin taley,
Engineering Manage
cc: James A. Black, ACI
George House, BPMHL
Martin Fridy, MPG
Blue Ridge Engineering PLLc
Compensatory Mitigation Plan
Date: December 17, 2010
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.0500 and SB1885. There are currently 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 by purchase of mitigation credits equal to 4.0 acres of wetlands in the hydrologic area
utilizing the Ecosystem Enhancement Program (EEP). Acceptance by EEP is attached for reference.
Additional mitigation may be provided by preservation of 12 acres of undisturbed wetlands on-site.
Preservation can be achieved utilizing restrictive covenants to be recorded in the New Hanover County
public registry. 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 , 2011, by and
between ACT 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 ACT 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 ACT 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 No. 200641551, 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