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HomeMy WebLinkAbout20040047 Ver 3_Individual_20120103SEGO Southern Environmental Group Inc 5315 South College Road Suite E Wilmington North Carolina 28412 910 452 2711 (office) 910 452 2899 (fax) Date 21 December 2011 To Mr Ian McMillan Of DWQ 401 Oversight Raleigh Attached you will find ❑ Proposal ❑ Sketch(es) ❑ JD Package ❑ Report(s) Transmittal Letter D4 - 0041 V3 SBCh Project # 04 -200 01 atent Naim AFrEW Properties USAODEAcbon ID# 941084R Dr---,3@12NL p ,IAN 3 2012 DENR WATER QUALITY WE 1MDS AND STORUWATER BRANCH ® Permit ❑ Wetland Map ❑ Photo(s) ❑ Plans ❑ Information Request ❑ Other Copies Dated Description 4 20 December 2011 Mott's Landing Individual Permit Application and Supplemental Info It noted items are NU1 attached please contact our office These are being delivered ❑ For your Review /Comment ® For your Records ❑ Returned for Correction(s) ❑ Corrected and Returned ❑ For your Signature ❑ As Requested ❑ Other By ❑ Hand Delivery ® Fed Ex ❑ UPS ❑ Regular Mail ❑ Other Notes Signature and (Typed) Name David Scibetta alj'1 Date 12/21/2011 U S ARMY CORPS OF ENGINEERS APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO 0710 0003 EXPIRES 31 AUGUST 2012 33 CFR 325 Public reporting 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 the 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 fading to comply with a collection of information if it does not display a currently valid OMB control number Please 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 /or 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 APPLICANTS NAME 8 AUTHORIZED AGENTS NAME AND TITLE (agent is not required) First Dr Arnold Middle L Last Sobol First David Middle M Last Scibetta Company AFTEW Properties LLC Company Southern Environmental Group Inc (SEGi) E mad Address lobos251 @aol com Email Address dscibetta @segi us 6 APPLICANTS ADDRESS 9 AGENTS ADDRESS Address 2020 South Churchill Dnv Address 5315 South College Road Suite E City Wilmington State NC Zip 28403 Country USA City Wilmington State NC Zip 28412 Country USA 7 APPLICANTS PHONE NOs WAREA CODE 10 AGENTS PHONE NOs WAREA CODE a Residence b Business c Fax a Residence b Business c Fax 9107634742 910 -452 2711 910 -452 2899 STATEMENT OF AUTHORIZATION 11 I hereby authonze SEGi to act in my behalf as my agent in the processing of this application and to furnish upon request supplemental information in support of this per pplicat�on ,A SIGNATURE OF APPLICANT t I DATE J NAME LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12 PROJECT NAME OR TITLE (see instructions) The Village at Mott s Landing 13 NAME OF WATERBODY IF KNOWN (if applicable) 14 PROJECT STREET ADDRESS (if applicable) Mott s Creek Address River Road and Sanders Road 15 LOCATION OF PROJECT Latitude N 34 1276 Longitude W 77 9136 City Wilmington Sta 16 OTHER LOCATION DESCRIPTIONS IF KNOWN (see instructions) UU Uy State Tax Parcel ID See Attachment 1 Municipality 14 N 20 �� Section Township Range DENR Crvt9 rUKM 4345 UL; I ZU1U --- %J0ANUSTORWMI� � EDITION OF OCT 2004 IS OBSOLETE OR 17 DIRECTIONS TO THE SITE To access the site from South College Road go through Monkey Junction onto Carolina Beach Road Road (NC421) take a right onto Sanders Road and enter the site across from the Bellamy School entrance Alternatively proceed to River Road and take a right Take next right into The Village at Mott s Landing 18 Nature of Activity (Description of project include all features) The purpose of this project is to facilitate the construction of roads and infrastructure in the remaining phases of the development (Phases IA IB and II) and the construction of dwelling structures (townhomes and duplexes) in Phases IA and iB The subdivision will consist of 654 units (389 single family homes 24 duplexes and 241 townhomes) 19 Project Purpose (Describe the reason or purpose of the project see instructions) The purpose of this project is to construct the remaining phases of the Village at Mott s Landing which includes installing roads and infrastructure and building several multi family structures in order to get a return on the Applicant s investment The Applicant AFTEW Properties began development of this property in 2004 Due to the decline in the economy he was unable to complete the wetland impacts authorized under the 2005 Individual Permit (IP) The project cannot be completed without authorization to impact wetlands As a result of the proposed development the Applicant anticipates impacting an additional 146 acre of junsdictional wetlands and 0 12 acre of non jurisdictional isolated wetlands The following table denotes the impacts to wetlands that are anticipated to take place within the the remaining phases of The Village at Mott s Landing as well as what was previously proposed and those that have taken place Please see Appendix E within Attachment 1 Supplemental Documentation for the location details and a time estimate of the proposed impacts USE BLOCKS 20 23 IF DREDGED AND /OR FILL MATERIAL IS TO BE DISCHARGED 20 Reason(s) for Discharge To allow access to uplands lot fill for buildings and attendant features for the purpose of construction of a residential subdivision 21 Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards Type Type Type Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards +/ 5098 of sand fill 22 Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Acres 1 58 acres Please see Attachment 1 Supplemental Documentation for details on construction methods or Linear Feet 23 Description of Avoidance Minimization and Compensation (see instructions) The wetlands consist of long wetland fingers To gain access to available uplands avoiding wetlands is not possible Therefore the Applicant minimized impacts to wetlands to the greatest extent practicable Minimization was demonstrated by the Applicant s efforts to incorporate retaining walls at some of the impact locations which reduced the impact area and in some cases avoided impacts altogether In addition road crossings were designed in such a way as to cross wetlands at their narrowest points Wetland fills within individual lots is necessary to allow construction of single family homes in locations that are consistent with others to be constructed within Phase II L:NU hOKM 4345 OCT 2010 24 Is Any Portion of the Work Already Complete? QX Yes QNo IF YES DESCRIBE THE COMPLETED WORK The permanent impact of 0 15 acre of wetlands has taken place under the original Individual Permit AID# 200101165 issued 15 February 2005 No part of the proposed wetland impact has taken place at this time Work has commenced within approved uplands to select areas All S &EC measures are being followed for this work 25 Addresses of Adjoining Property Owners Lessees Etc Whose Property Adjoins the Waterbody jd m th ca be e t red h re pl an h ppl me t I I tj a Address Please see Attachment 1 Supplemental Documentation for details City State Zip b Address City State Zip c Address City State Zip d Address City State Zip e Address City State Zip 26 List of Other Certificates or Approvals /Denials received from other Federal State or Local Agencies for Work Described in This Application AGENCY TYPE APPROVAL IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED NUMBER New Hanover County Grading Plan 43 03 2003 0922 200502 11 NA NCDENR Stormwater Plan SW8 030917 2003 0922 2004 07 08 NA NCDENR Stormwater Plan Mod SW8 030917M 2011 11 22 2011 11 30 NA New Hanover County Zoning 074911 2007 04 02 200706 12 NA Would include but is not restricted to zoning building and flood plain permits 27 Application Is hereby made for permit or permits to authorize the work described in this application I certify that this information in this application Is complete and accurate I further certify that I possess the authority to undertake the work cnbe her in or am acting as the duly authorized agent of the p r o �4 ��ll 2�Z DATE 1 SIGNATURE OF AGENT 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 OCT 2010 Attachment 1 h The Village at Mott's Landing Supplemental Documentation to the Individual Permit Application Requested By AFTEW Properties LLC Dr Arnold Sobol 2020 South Churchill Drive Wilmington NC 28403 Prepared By Southern Environmental Group Inc 5315 South College Road Suite E Wilmington NC 28412 910 452 271 1 Date 20 December 2011 Table of Contents Section Title Page I Purpose and Need I I1 Location Existing Conditions I III Project History I IV Project Description I V Avoidance and Minimization 3 VI Alternatives 3 A No Action 3 B Other Project Designs 3 C Other Project Locations 3 VII Sequence of Events 4 VIII Compensatory Mitigation 4 IX Adjacent Property Owners 4 X Other Authorizations 6 XI Summary 6 Appendices A Vicinity Map 1 B NC Ecosystem Enhancement Program Receipt li C Phase I Recorded Map III D Phase I Completed Impacts iv E Wetland Impact Map v F North Carolina Natural Heritage Program Site Specific Request VI G Key Map vii TOC i The Village at Mott s Landing Supplemental Documentation I Purpose and Need 5EG1 The purpose of this project is to construct the remaining phases of the Village at Mott s Landing which includes installing roads and infrastructure and building several multi family structures in order to get a return on the Applicant s investment The Applicant AFTEW Properties began development of this property in 2004 Due to the decline in the economy he was unable to complete the wetland impacts authorized under the 2005 Individual Permit (IP) The project cannot be completed without authorization to impact wetlands II Location and Existing Conditions The proposed project is located at the corner of Sanders Road and River Road within The Village at Mott s Landing subdivision in New Hanover County North Carolina (34 1276 1N 77 9136 °W) To access the site from South College Road through Monkey Junction take a right onto Sanders Road and enter the site adjacent to the Bellamy School entrance AIternatively proceed to River Road and take a right Take next right into The Village at Mott s Landing (see Appendix A) The subject parcel is comprised of approximately 26189 acres According to the wetland boundary survey approximately 64 0 acres of wetlands and 2 025 linear feet of streams exist within the project boundaries (please refer to the wetland survey signed by your office on 27 June 2011) Currently in Phase I of the protect infrastructure (roads utilities etc ) have been installed and houses are beginning to be constructed The remainder of the site has remained relatively undisturbed III Project History An Individual Permit was issued for the entire project in 2005 but the permit expired prior to all of the impacts taking place The project numbers assigned by the regulatory agencies include those listed below Issuing Agency Document Protect Number Date Issued Expiration Date USACE Signed Wetland Survey 200500050 10/19/04 10/19/09 USACE Individual Permit 200101165 02/15/05 12/31/08 USACE IP Modification 200101165 04/03/06 12/31/08 USACE Signed Wetland Survey 200908147 06/27/11 06/27/16 DWQ 401 Water Quality Certification 941084 05/25/04 Concurrent with 404 DWQ 401 Water Quality Certification 941084R 03/14/06 Concurrent with 404 DCM CAMA Consistency CD06 016 03/28/06 Concurrent with 404 Table I Project numbers associated with the project (Note copies of these authorizations were not furnished as the USACE and DWQ should have them to tnetrjites) The previously issued IP and accompanying Water Quality Certification authorized the permanent impact of 152 acres and the temporary impact of 0 034 acre of non riparian wetlands for which the Applicant was to make payment to the NC Ecosystem Enhancement Program ( NCEEP) for 3 25 acres of non riparian wetland restoration credit Payment was made to the NCEEP on 20 April 2006 (see Appendix B) In addition the Applicant was to place the remaining wetlands into strict preservation To date recordation of a preservation map has only been executed on the remaining wetlands within Phase I (see Appendix C) The permanent impact of 0 15 acre of wetlands has taken place (see Appendix D) IV Project Description The purpose of this project is to facilitate the construction of roads and infrastructure in the remaining phases of the development (Phases IA IB and II) and the construction of dwelling structures (townhomes and duplexes) in Phases IA and IB The subdivision will consist of 654 units (389 single family homes 24 duplexes and 241 townhomes) As a result of the proposed development the Applicant anticipates impacting an additional 146 acre The Village at Mott s Landing Supplemental Documentation Sr- 61 of jurisdictional wetlands and 0 12 acre of non jurisdictional isolated wetlands The following table denotes the Impacts to wetlands that are anticipated to take place within the the remaining phases of The Village at Mott s Landing as well as what was previously proposed and those that have taken place Please see the Wetland Impact Map (Appendix E) for the location and details of the proposed impacts Wetland Impact ID Type (Road crossing building footprint utility etc) Jurisdiction (Section 404 10 DWQ 401 other) Permitted previously Permitted impacts AC (SF) Proposed impacts AC (SF) A Road Crossing 404 001 001 (387) B Road Crossing 404 004 0 03 (1 140) C Road Crossing 404 Oil 0 12 (5 434) D Building Footprint 404 0 01 001 (628) E Road Crossing / Building Footprint 404 005 0 05 (2 187) F Road Crossing 404 003 0 03 (1 415) G Building Footprint 404 008 0 08 (3 468) H Road Crossing 404 007 0 06 (2 823) 1 Road Crossing / Building Footprint 404 003 003(1,348) J Road Crossing 404 0 25 0 25 (10 830) K Building Footprint 404 008 0 08 (3 385) L Road Crossing 404 002 0 02 (907) M + N Road Crossing 404 005+008=0 13 0 13 (5 477) O Road Crossing 404 001 0 03 (1 316) P Road Crossing 404 001 0 Ol (592) Q Road Crossing 404 002 0 02 (955) R Road Crossing 404 026 0 28 (12 091) S Road Crossing 404 0 01 Avoided T Road Crossing 404 002 0 003 (160) U Road Crossing 404 002 0 02 (849) V Road Crossing 404 008 Now Impact BB w Road Crossing 404 002 Now Impact FF X Road Crossing 404 005 Y Drainage Easement 404 004 Z Road Crossing 404 006 AA Road Crossing 404 0 004 (1 668) BB Road Crossing / Building Footprint 404 0 0 08 3 583 ( ) CC Building Footprint 404 0 0 002 (81) DD Road Crossing 404 0 0 07 (2 884) EE Building Footprint 404 0 0 003 (124) FF (Isolated) Building Footprint 401 0 012(5,239) GG Pond 1 Stotmwater Outfall 404 001 Total 401 0 12 (5 239) Total 404 1 52 1 46 (63 732) Total Previously Impacted 0 16 (6 888) Cumulative Total 152 1 74 (75 859) Table 2 Wetland Impact Summary for Mott s Landing Phases I ]A & B and 2 * Indicates the impact was previously authorized and has taken place The Village at Mott s Landing Supplemental Documentation Sr—G1 Heavy machinery such as a bulldozer grader back hoe and track hoe will be utilized during the construction process The machinery will be used to clear the land stabilize the soil establish grade and to transport and deposit the proposed fill material within the project boundaries Sediment and erosion control measures will be installed prior to commencement of land disturbing activities Coastal wetlands are not anticipated to be impacted by this project and the project is located outside any Areas of Environmental Concern (AECs) A CAMA Consistency Determination is being prepared and will be submitted concurrently with this permit application Based on a data search of the NC Fish and Wildlife Service website 11 species of protected plants and animals are known to occur in New Hanover County From review of the habitat requirements of these plants and animals it was determined that there is the potential for occurrence of 4 of the listed plant species in the protect area The listed species include the red cockaded woodpecker (Picoides borealis) Cooley s meadowrue (Thahctrum cooleyi) golden sedge (Carex lutea) and the rough leaved loosestrife (Lysimachia asperulaefoha) None of the 4 listed plant species were observed during field reviews within the project area A site specific request was sent to the North Carolina Natural Heritage Program (NCNHP) in order to determine if there are specific federally threatened or endangered species or significant natural areas known to occur within the project boundaries The results of this request were returned on 14 December 2011 (see Appendix F — NCNHP Results) There were 4 occurrences of rare species within or directly adjacent to the project area The three ammal species are form historic records 1976 and before None of these ammals were observed during field reviews within the protect area The rare plant the Venus flytrap (Dionaea muscipula) has been observed within the protect boundaries but is in an area that is to remain preserved in perpetuity Even though no regulations are currently in place to protect this plant no impact to this species will occur as a result of the construction of this project V Avoidance and Minimization The project area is approximately 162 0 acres Of that acreage 63 88 acres have been determined to be Section 404 jurisdictional wetlands and a small pocket 0 12 acre has been classified as non jurisdictional isolated wetland The wetland features are a series of fingers that bisect the property from the southern project limits to the northern project limits Consequently to gain access to available uplands avoiding wetlands is not possible Therefore the Applicant mimmized impacts to wetlands to the greatest extent practicable Minimization was demonstrated by the Applicant s efforts to incorporate retaining walls at some of the impact locations which reduced the impact area and in some cases avoided impacts altogether In addition road crossings were designed in such a way as to cross wetlands at their narrowest points Wetland fills within individual lots is necessary to allow construction of single family homes in locations that are consistent with others to be constructed within Phase II VI Alternatives The Applicant investigated other potential means of developing the subject parcel and has been unable to find a practicable alternative that would achieve his goal and meet his stated purpose A No action The no action alternative is that alternative which does not require a Department of the Army authorization Due to the configuration of the wetland features there is no practicable manner in which this project could be completed on this site without a permit to discharge fill material into wetlands The no action alternative 3 The Village at Mott s Landing Supplemental Documentation Sr..G1 would render several areas of upland undevelopable and cause a significant economic loss to the Applicant thus this alternative is not a viable option for this project B Design Alternatives In order to avoid wetland impacts associated with road crossings the Applicant considered bridging the wetlands but this is not economically feasible The Applicant also considered scaling down the number of proposed units but in order to meet contractual obligation this is not possible Therefore this alternative is not a viable option C Other protect locations The Applicant has owned this property for many years The project was initiated in 2001 and had the housing market and economy not declined during the process the project would have been completed by this time With that said acquisitioning additional property for development is not a viable option as the economic downturn has significantly affected the development industry Banks are cautious to provide loans at this time and are requesting payment on most outstanding loans The economy is in a way inhibiting the Applicant from exploring this alternative The Applicant owns the subject property and is not in a position to purchase another piece of land at this time With these factors in nand the Applicant suggests that the proposed protect is the least environmentally damaging most practicable and most economically feasible alternative VII Sequence of events The Applicant has secured stormwater and S &EC permits thus work is to commence within uplands in the very near future The work will consist of clearing the land stabilizing the soil and establishing grade in Phases IA and IB Once the Applicant obtains USACE and DWQ authorization the Applicant will begin preparing the wetland soils for development Material will be brought in to complete these phases of development Finally once the land has been adequately prepared the Applicant would construct the multi family structures and roadways It has not yet been determined when Phase II will be developed As stated in Southern Environmental Group s email dated 28 July 2011 the economy does not support single fairnly home development This has not changed as of the date of this document VIII Compensatory Mitigation The Applicant feels the mitigation already provided is sufficient to offset the permanent loss of 1 74 acres of non riparian wetlands and their functions which will result from the proposed construction of infrastructure and attendant features The mitigation plan was proposed as part of the original IP secured in 2005 to offset permanent loss of 1 52 acres of non riparian wetlands That ntigation plan included the following payment to the NCEEP for 3 05 acres of non riparian wetland restoration credit and preservation of the remaining wetlands located within the four phases of the The Village at Mott s Landing The Applicant has made payment to the NCEEP for 3 25 acres of non riparian wetland restoration credit (see Appendix B) However since the original IP expired and only 0 15 acre was impacted under that permit we propose that payment to the NCEEP should be compensation enough for the proposed impacts with no preservation of wetlands proposed Since 3 1 acres of wetlands have been set aside for over 6 years we feel that the overall benefit to the environment is sufficient mitigation in this case to offset an additional 0 22 acre of impact 4 The Village at Mott s Landing Supplemental Documentation IX Adjacent Property Owners 5r- G► The following table includes all the properties that abut the project linuts (see Appendix G Key Map) Map Key ID Owner s Name New Hanover County Parcel ID Developed9 1 Sycamore Grove HOA R07600 006 271 000 Y 2 Williamson Jerry and Laura R07600 006 233 000 N 3 First Troy R07600 006 266 000 Y 4 Sycamore Grove HOA R07600 006 270 000 Y 5 Fritz Brian and Morgan R07600 006 325 000 N 6 First Troy Spec R07600 006 326 000 Y 7 First Troy Spec R07600 006 327 000 N 8 First Troy Spec R07600 006 332 000 N 9 Goodrich Harvey and Blair R07600 006 333 000 N 10 First Troy Spec R07600 006 125 000 N 11 Hurley Michael and Margot R07600 006 174 000 N 12 Hurley Michael and Margot R07600 006 015 000 N 13 Middleton Vanessa Brown Alford R07600 006 175 000 Y 14 Middleton Alford and Vanessa R07600 006 067 000 N 15 AFTEW Properties R07600 006 013 000 N 16 AFTEW Properties R07600 006 014 000 N 17 Carenbauer William L R07600 006 Oil 024 Y 18 Weddle Glenn C R07600 006 011 023 Y 19 Carenbauer William L R07600 006 011 022 Y 20 Carenbauer William L R07600 006 011 021 N 21 Blanton Haynes and Carol R07600 006 Oil 020 Y 22 Kaiser Gerard and Joan R07600 006 Oil 019 Y 23 Brinson Addison Jr R07600 006 011 018 Y 24 Yarborough Lenora R07600 006 011 017 Y 25 Vamum Glenn and Nellie R07600 006 011 016 Y 26 Peterson David and Sandra R07600 006 011 015 Y 27 Horne Benjamin et al R07600 006 011 014 Y 28 Mathews Donald et al R07600 006 011 013 Y 29 Mathews Cliff Jr R07600 006 Oil 012 Y 30 Mathews Sandra and Cliff W Sr R07600 006 011 O11 Y 31 AFTEW Properties R07600 006 O11 025 N 32 Schenk Donald and Sally R07600 006 011 010 Y 33 Horne Benjamin R07600 006 011 009 N 34 Horne Benjamin R07600 006 011 008 Y The Village at Mott s Landing Supplemental Documentation SE.G1 35 Horne Benjamin R07600 006 011 007 N 36 Horne Benjamin R07600 006 011 006 N 37 Blanton Haynes II and Mandi R07600 006 011 005 Y 38 Ranieri Richard and Rosalind R07600 006 011 001 Y 39 Barnhill Carolyn W Living Trust R07600 006 011 004 Y 40 JJ &K Properties Inc R07600 006 008 000 Y 41 AFTEW Properties R07600 006 008 001 N 42 Bowens Chapel AME Zion Church R07600 006 007 001 N 43 State Employees Credit Union R07600 006 006 000 Y 44 Sanders Carlotta Hrs R07600 006 005 000 N 45 Sanders Sarah H R07600 006 004 000 Y 46 Sanders Carlotta Hrs R07600 006 003 000 N 47 Wade Carolyn R07600 006 002 000 Y 48 Canty Katie Mae and Graham et al R07600 006 001 001 Y 49 Dunkey Sherry and Bradley R07600 006 010 000 N 50 Dunkey Sherry and Bradley R07600 006 181 000 N 51 Kemath Christine D et al R07600 009 160 000 Y 52 Fritz Ricky and Laura R07600 009 159 000 Y 53 Lake Brewster HOA R07600 009 115 000 Y 54 Carolina Power and Light R07600 006 079 000 Y 55 Village at Mott s Landing HOA R07600 004 005 000 N 56 Cape Fear Public Utility Assoc R07600 006 086 000 Y t ante i t ne vutage at iaou s Lanatng Aajacent rroperty owners as of 11126111 Please note that New Hanover County s GIs system does not provide the mailing address for property owners X Other Authorizations The proposed project will require other perrmts most of which have been obtained Type Agency 401 Water Quality Certification NC DWQ CAMA Consistency NC DCM State Stormwater Permit NC DWQ XI Summary Date Issued or Applied For Applying for concurrently with IP Applying for concurrently with IP Issued 17 January 1996 still in effect The Applicant believes the proposed site plan is the least environmentally damaging practicable alternative Measures have been taken to minimize the proposed impacts by the use of retaining walls and by crossing wetlands at their narrowest points where possible The Applicant is proposing that mitigation for the proposed impacts will be fulfilled by the mitigation credit that was purchased by the Applicant back in 2005 in conjunction with preservation of wetlands within Phase II even though there is an increase in permanent wetland impact of 0 22 acre 6 The Village at Mott s Landing Supplemental Information Appendix A Vicinity Map SEG1 k I 4� Q� PH 8j��� t, r i! d lC� L A& ern srJ 9rr,qjt ti tk, cr U Q� f r ry �- k V V k I 4� Q� PH 8j��� t, r i! d lC� L A& ern srJ 9rr,qjt ti tk, cr U Q� r V The Village at Mott s Landing Supplemental Information Appendix B NCEEP Receipt Sr.G1 rbl� JLk111 Mme 1 PROGRAM RECEIPT Arnold Sobol AFTEW Properties LLC 2020 South Churchill Drive Wilmington, NC 27403 5308 PrRlect Village at Motts Landing Subdivision April 20 2006 DWQ # 04 0047 COE # 200101165 County New Hanover The North Carolina Ecosystem Enhancement Program (NC EEP) has received a check in the amount of $42 649 75 check number 1187 as payment for the compensatory mitigation requirements of the 401 Water Quality Certification and/or US Army Corps of Engineers 404 and/or Division of Coastal Management CAMA permits) issued for the above referenced project. This receipt serves as notification that the compensatory mitigation requirements accepted by NC EEP for this protect have been satisfied Please note that you must also comply with all other conditions of the certification/pennrts) including any additional mitigation conditions not accepted by NC EEP and any other state federal or local government permits or authorization associated with this activity The NC EEP by acceptance of this payment, acknowledges that the NC EEP is responsible and agrees to provide the compensatory mitigation requirements as indicated in the table below The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army Corps of Engineers dated November 4 1998 River Basin Cataloging Unit Wetlands (credits) Stream (credits) Buffer ( � ft ) Non Coastal Cold Cool Warm Riparian Riparian Riparian Marsh Cape Fear 03030005 0 305 0 0 0 0 0 Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for reimbursement is received within 12 months of the date of the receipt Any such request must also be accompanied by letters from the permitting agencies stating that the permit and/or authorization have been rescinded If you have any questions or need additional information please contact Chris Mankoff at (919) 716- 1921 Sincerely a:D Gilmore PE Director cc Cyndi Karoly Wetlands/401 Unit Doug Huggett, Division of Coastal Management Jennifer Frye USACE Wilmington Noelle Lutheran DWQ Regional Office Wilmington 724 File pro" Our stat& NCMNR R,P,StDYLGt�• � North Carolina Ecosystem Enhancement Program 1652 Mad Service Center Raleigh NC 27699 -1652 / 919 - 715 - 0476 / www nceep net K AF raW PROPERTIES LLC PH 910 - 763 -2629 FAX 910 - 763 -4742 2020 SOUTH CHURCHILL DRIVE J / WILMINGTON NC 28403 -5308 i PAY T n O THE { t ORDER O DATE � fZ 1 118 BRANCH BANKING AND TRUST COIN ANY WILMINGTON NORTH CAROLINA L -� , �V -0047 FOR 11300 L i8 ?n8 1 0 5 3 10 1 1 2 it S 19 4 30 It 2 3 711' I O VOICE Apnl3 2006 DWQ# 04 0047 Mr Arnold Sobol COE# n/a AFTEW Properties LLC 2020 South Churchill Drive Wilmington NC 28403 Project Village at Motts Landing Subdivision County New Hanover You have elected to satisfy the compensatory mitigation requirements of the Section 401/404 permit issued for the above reference protect through payment of a fee to the North Carolina Ecosystem Enhancement Program In accordance with 15A NCAC 2H 0500 your fee has been calculated as follows (Please note payment of wetlands is calculated in increments of 0 25 acres) If you have any questions concerning this payment, please call Carol Shaw at 919 733 5205 Riparian Wetlands 0 0 acres x $ 26,246 00 — $ $ Non Riparian Wetlands 3 3.25 acres x $ 1312300 — $ $4264975 Please note that a payment made to the NC Ecosystem Enhancement Program is not reimbursable unless a request for reimbursement is received within 12 months of the date of the receipt Any such request must be accompanied by letters from the permitting agencies stating that the permit and/or authorization have been rescinded YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM THE NC ECOSYSTEM ENHANCEMENT PROGRAM PRIOR TO COMMENCING THE ACTIVITIES AUTHORIZED BY THE DEPARTMENT OF ARMY PERMIT AND /OR THE 401 WATER QUALITY CERTIFICATION cc Cyndi Karoly Wetlands/401 Unit Jennifer Frye USACE Wilmington Noelle Lutheran DWQ Regional Office Wilmington Doug Huggett DCM Morehead City File 66 1 121 02 /J The Village at Mott s Landing Supplemental Information Appendix C Phase I Recorded Maps 5r-G1 FOR REGISTRATION REGISTER OF DEEDS REBECCA P SMITH NEW HANOVER COUNTY NC 200B KV 06 0105 45 R BK 53 PG 269 272 FE $63 N INSNUNENi # NONE MAP INDEX Name of Map .. ... Elf t r(.0 Proms V�e-S . - LLC Owner's Name Type of Map ✓ Subdivision Condo Highway Book 53 Page(s) �0— a- 7/ Number of Pages Recorded By cam �1�0��, �L Deputyl i4a -;DI CAIIL - Q- I 0 6 O y � n 4 � W � � A; 11A q8 L! 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O BI iC R ya gg �' /?ROr z 1 C4 R r yq ft pp 4 q qfEi. ,rsr K' + as mom"— fi FF� 'fs gl' 1 1 �11 ^M" >� � a s 0-4. �P� r t\y \ i• -Y-z wirr d' � r1 c� / z m 0 6 a at w / F � lI rm�4 s RStL7 / lI CU UR£ / 'r / M OEVELOPMEN / o FUTURE ' OEVELOPMENF COD AREA -t NATURAL POND SPACE OPEN ORAWAGE EASEMENT \ \ ►\ / % / a� ��� ��4fp1�� ri AoAO i p A" < J � °; < � —fit Mp.� _ 1✓ � 1 /J4 �q g / 4 /e \ OPEN SPACE 1 t / / �� �,oi � IV ♦ 1� 1e � 'may Lj 1 x 1 r a xh son ngwru- 0 t •tea �J � ,p �� vc rAAO w 6J) EIMI_ � ?"ASE 1 O,40 w ON PLAN VER COUSJ4f SEPS MBER 22 200 .e \ \ a'��S / !✓ soa RaNgf y1 xmv VII ♦ \ tip. \ ��Tl k sup zr l rr.r a czm ! i C k c of i;r ?�'y� / \ t ~ son n� i•� � a% p /� „ �' S I PONDA / am „ 11 LL LY \ �qa C " A L A >'�L R1NNfA V ' \ � L 40 � a'n wry, ♦ IE PORARV � ♦ DE W LASE ENT l l 5 AAIiN fY AR6A ` �, U DEED RD Is � `�FNDED SDU'MERLY AD All -Poe, � Q6AL SIAM/ Y♦W 6at✓7WM � � � v / � FUTURC D£IVELOPW h THE 1ILLAGE at MUTT 5 LANDING PHASE I �L (A PERFORMANCE DEVFLOPMEVT) ART OT JK Nt00hKD TRACTS 1 TNRU EJERAL -W TOWNSW WW NAND4 0,VM -*T NORTH GROL&A OCTOBER 1 2" 0 0 60 12L 0 S I1 1 6O � y T ° I 1 N ' O � 1 �n \t ' o 1 U r �i o, o � 1 A T J c \ H \'e MAF' BOOK 53 PAGE 271 =�E "3 The Village at Mott s Landing Supplemental Information Appendix D Phase I Completed Impacts Sr-G1 © ty ;.� f� �.►i- n�.WA -rte i IDA p � � _ L•a ty � i 1` �s G '► �,/ / /all ;'yyyr /� !• � �'! - Wit' '� �. _ O % ��, r . :!• ® ,d''� � ,� `'' � ^�1 � y��;��� III �w M 1 E EL16 ,,t�f •`nom'= -....... ::. ✓/ Nose I - Comple4W d • • MM PIAN 200 The Village at Mott s Landing Supplemental Information Appendix E Wetland Impact Map 5r-G1 VIMO D HWOR NQLJ1 DMA T699- CU-016 zvd h j�,tt/ ��� T T I� • I�� OOTS- 996 -OTO u Rd d H ZSYHd- 4/l� aK • i SALOW ® ri'i� • i RA 'ZU T0m rm"3 t17i N Q�BM A {� IQ JIB inn•181g3 ell, OR �idQ Q: V d •Vi{WYiYYNE ddlU e" -� i! Sit 5 xM I'la,2.0 X111 i hipli a � a 0 s S ' t � . �; ,; ;fir �. ---- - - ; - -• � ,: ; 0 Mullin 1 � M t1 HI rl 1 t3 I ''� zi i WL 1� IFNI M � It %I' ®R al MIS, The Village at Mott s Landing Supplemental Information Appendix F NCNHP Results 5r.G1 4 T---" NCDENR North Carolina Department of Environment and Natural Resources Office of Conservation, Planning, & Community Affairs Beverly Eaves Perdue Governor Linda Pearsall, Director Dee Freeman Secretary December 12 2011 Mr David Scabetta U �1 ME) EC.Ell ED Southern Environmental Group Inc 5315 South College Road Suite E Wilmington NC 28412 Subject Village at Motts Landing Wilmington New Hanover County SEGi Project # 04 200 01 Dear Mr Scabetta The Natural Heritage Program has a number of records of rare species significant natural communities significant natural heritage areas and conservation/managed areas at the project area (see enclosed map) The following rare species are known from the area Carolina Gopher Frog (Rana capito) State Threatened near Junction of US 421 and SR 1187 specimen (NCSM 7463) was collected alive on road at night during a rain March 20 1969 Southern Hognose Snake (Heterodon simus) State Special Concern 7 8 mi SSE Wilmington specimen NCSM 17484 June 1976 GlosV Cr?yfish Snake (Regina rigida) State Significantly Rare 8 mi S Wilmington near Todds Cr specimen NCSM 7767 June 1969 Venus fl)trap (Dionaea muscipula) State Special Concern 150 yards north of Junction of SR 1100 & SR 1187 low pine woods (Tregembo et al May 1969) no plants could be found in 20 minute search on 12 December 1992 Sutter and May could not verify in 1981 The upper end of the County significant Mott Creek Natural Area extends along the western border of the tract This site is essentially a brackish marsh Arrowhead Park owned by New Hanover County lies Just to the west across Mott Creek Though essentially all of the rare species are of historical occurrence this tract contains a moderate amount of remnant sandhills vegetation between US 421 and River Road Also there may be some pine flatwoods west of River Road where the flytrap was formerly recorded We strongly recommend surveys for rare species in this project area because of the large size of this project and the potential for finding such species You may wish to check the Natural Heritage Program database websrte at www ncnhp org for a listing of rare plants and animals and significant natural communities in the county and on the quad map Our Program also has a new websrte that allows users to obtain information on element occurrences and significant natural heritage areas within two miles of a given location <http / /nhpweb enr state nc us /public /virtual_ workroom phtml> The user name is guest and the password is your e mail address (see instructions on log in screen) You may want to click Help for more information 1601 Mall Service Center Raleigh North Carolina 27699 1601 Phone 919 715 4195 1 FAX 919 715 3060 Internet www oneNCNaturally org An Equal Opportunity 1 Affirmative Action Employer — 50 / Recycled 110 A Post Consumer Paper NofthCarohna Natumliff Please do not hesitate to contact me at 919 707 8603 if you have questions or need further information Sincerely Harry E LeGrand Jr Zoologist Natural Heritage Program Enclosure 1601 Mall Service Center Raleigh North Carolina 27699 1601 Phone 919 715 4195 1 FAX 919 715 3060 Internet www oneNCNaturally org An Equal Opportunity 1 Affirmative Action Employer — 50 / Recycled 110 /o Post Consumer Paper NonrthCarohna Awt(rally Z' KV 66 qz 4, ik 1w, JF: A_ f7 4-ft ilk" 'li 'g, -no i6 7 The Village at Mott s Landing Supplemental Information SF 61 Appendix G Key Map V» 1 -�- i` r i 1� 1 IM �rl 1 f I b 'I i 'to 1 �f h � ti c� m IM m -J i O �A 0 N —1. C] Q r