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20061730 Ver 1_CAMA Application_20061102
LMG LAND MANAGEMENT GROUP irrc. Environmental Consultants ~. ~ 0 0 6 1 7 3 p October 26, 2006 [~n ~^ ~ ~ ~ I TO: Ms. Noelle Lutheran RECEIVED Division of Water Quality 127 Cardinal Drive Extension Wilmington, NC 28405 RE: 401 Water Quality Certification Application Cypress Creek Subdivision; Brunswick County, NC Action ID# 200600823 Brunswick Development Company Dear Noelle: Enclosed is a 401 Water Quality Certification application for your review. This application is submitted on behalf of the Brunswick Development Company, Inc. The applicant is proposing to construct the Cypress Creek Subdivision, a 593- acre planned-unit development to be located in Bolivia, NC. The applicant proposes to build residential lots, multi-family units, commercial development, and amenities within the site. However, several wetland fingers need to be crossed in order to gain access to uplands. The proposed project would impact 2.23 acres of 404 wetlands, 0.028 acre of isolated wetlands, and 231inear feet of stream. In order to mitigate for these impacts, the applicant proposes to preserve remaining wetlands and streams and buy into the Ecosystem Enhancement Program. The application form, project narrative, associated maps, and site plan are enclosed for your review. In addition, the $475 application fee has been submitted to your Raleigh office. Please contact me if you have any questions. Thank you for your assistance with this project. Sincerely, _ ~~_ Kim Williams Encl. Cc: Ms. Jennifer Frye, Corps Ms. Cyndi Karoly, DWQ 6~, , ^ a ,,9,, 1.. Mr. Stephen Rynas, DCM ~:.: Mr. William Scudder, Brunswick Development Co. `~ Ms. Margaret Crray, McKim & Creed '' - ~. " `:,,~ www.lmgroup.net • info@Imgroup.net • Phone: 910.452.0001 Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 LMG LAND MANAGEMENT GROUP irrc. Environmental Consultants October 26, 2006 TO: Ms. Jennifer Frye U. S. Army Corps of Engineers P.O. Box 1890 Wilmington, NC 28402 RE: Individual Permit Application Cypress Creek Subdivision; Brunswick County, NC Action ID# 200600823 Brunswick Development Company, Inc. Dear Jennifer: Enclosed is an Individual Permit application for your review. This application is submitted on behalf of the Brunswick Development Company, Inc. The applicant is proposing to construct the Cypress Creek Subdivision, a 593- acre planned-unit development to be located in Bolivia, NC. The applicant proposes to build residential lots, multi-family units, commercial development, and amenities within the site. However, several wetland fingers need to be crossed in order to gain access to uplands. The proposed project would impact 2.227 acres of 404 wetlands, 0.028 acre of isolated wetlands, and 231inear feet of stream. In order to mitigate for these impacts, the applicant proposes to preserve remaining wetlands and streams and buy into the Ecosystem Enhancement Program. The application form, project narrative, associated maps, and site plan are enclosed for your review. Please contact me if you have any questions. Thank you for your assistance with this project. SincerelylI, \\ ~(J f - ~. W ~1~G~---~ Kim Williams Encl. Cc: Ms. Noelle Lutheran, DWQ Ms. Cyndi Karoly, DWQ Mr. Stephen Rynas, DCM Mr. William Scudder, Brunswick Development Co. Ms. Margaret Gray, McKim & Creed www.lmgroup.net • info@Imgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 LMG LAND MANAGEMENT GROUP irrc. Environmental Consultants October 26, 2006 TO: Stephen Rynas Federal Consistency Coordinator NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 RE: Request for concurrence; Cypress Creek Subdivision; Brunswick County, NC Dear Mr. Rynas: On behalf of the Brunswick Development Company, Inc., Land Management Group, Inc. requests concurrence from the Division of Coastal Management of the applicant's consistency certification. The applicant is proposing to construct the Cypress Creek Subdivision, amixed-use planned-unit development to be located south of Bolivia, NC. The applicant plans to build 1409 residential and multi-family units, commercial development, and amenities within the site. However, several wetland forgers need to be crossed in order to gain access to uplands. The proposed project would impact 2.227 acres of 404 wetlands, 0.028 acre of isolated wetlands, and 23 linear feet of stream. 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 (ie.15A NCAC 07M) and the local Land Use Plan for Brunswick County. The proposed project complies with the enforceable policies of North Carolina's approved coastal management program and will be conducted in a manner consistent with such program. Enclosed is a copy of the Project Narrative and the Individual Permit application, which describe this project's compliance with the coastal program regulations, specifically avoidance and minimization of wetland impacts, water quality protection, and mitigation. Please let me know if I can be of further assistance in this process. Thank you. Sincerely, ~~~~--~ Kim Williams Encl. Cc: Ms. Jennifer Frye, ALOE Ms. Ncelle Lutheran, DWQ Ms. Cyndi Karoly, DWQ Mr. William Scudder, Brunswick Development Company Ms. Margaret Gray, McKim & Creed www.lmgroup.net • info@Imgroup.net • Phone: 910.452.0001 Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 !~ !~"A APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT Privacy Act Statement 61 7 3p Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting, navigable waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Routing Uses: Information provided on this form will be used in evaluating this application for a permit. Disclosure; Disclosure of requested information is voluntary. If information is not provided however, the permit application cannot be processed 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 APPL. COMPLETE (ITEMS BELOW TO BE FILLED BY APPLICANT) 5. APPLICANT'S NAME 8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not Brunswick Development Company required) Kim Williams c/o Mr. William Scudder Environmental Consultant Land Mana ement Grou ,Inc. 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS 8414 Falls of the Neuse Road; Suite 202 Land Management Group, Inc. Raleigh, NC 27615 P.O. Box 2522 Wilmin ton, N.C. 28402 7. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NO. W/AREA CODE a. Business (919) 844-9025 (910) 452-0001 (phone) b. Fax (919) 844-9027 (910) 452-0060 (fax) 11 STATEMENT OF AUTHORIZATION I hereby authorize Land Management Group, Inc. 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 permit application. SEE ATTACHED FORM APPLICANT'S SIGNATURE UAIt NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE -Cypress Creek Subdivision 13. NAME OF WATERBODY, IF KNOWN (if applicable) River Swamp and Rattlesnake Branch 15. LOCATION OF PROJECT Brunswick North Carolina COUNTY STATE 14. PROJECT STREET ADDRESS (if applicable) Gilbert Road Bolivia, NC 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN Tax parcel ID number: 17000001 17. DIRECTIONS TO THE SITE From Wilmington, take Hwy 17S into Brunswick County. Take 17 Business. Turn left onto Gilbert Road SE and follow almost to Midway Road. Property is on the left side of Gilbert Road where Gilbert Road and Old Lennon Road intersect (see vicinity map). _ . _ _~., ~, ~ ._ , ~~~ t'~~ s, :d `~.'~a :~ LUi; ~. .. 18. NATURE OF ACTIVITY (Description of project, include all features) -The preferred project consists of constructing 1409 single-family lots and multi-family units, commercial development, amenities, and associated roads. Wetland fill for 28 road crossings is requested. (See Project Narrative) 19. PROJECT PURPOSE (Describe the reason or purpose of the project) - To provide amixed-use planned-unit development within an expanding section of Brunswick County (See Project Narrative). USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. REASON(S) FOR DISCHARGE - To provide access to uplands within subdivision. (See Project Narrative) 21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS -Clean, compacted sub-grade soil materials, clean ABC aggregate, pavement etc all above street reinforced concrete culverts at map specified locations. See map for area in each location. 22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED 2.23 acres of 404 wetlands, 0.028 acre of isolated wetlands, and 23 LF of stream 23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? no IF YES, DESCRIBE THE COMPLETED WORK 24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, Etc., WHOSE PROPERTY ADJOINS THE WATERBODY (see attached sheet) 25. LIST OTHER CERTIFICATIONS OR APPROVALS/DENIALS RECEIVED FROM OTHER FEDERAL, STATE, OR LOCAL AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION NIA AGENCY TYPE APPROVAL` IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED 26. 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. ~~,,, l~ ~` 0` SIGNATURE OF AfPth~NT ~ G~'V 1" DATE 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 o rmakes 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. PROJECT NARRATIVE October 2006 Cypress Creek Subdivision Brunswick County, NC INTRODUCTION Brunswick Development Company, Inc. proposes to construct aplanned-unit development, named the Cypress Creek Subdivision, which will contain a total of 1409 residential units: 917 single-family lots and 492 multi-family units. Additionally, there will be 3.8 acres of commercial space and 7.2 acres of amenities. In order to access uplands within the site, thirty-one wetland crossings and one stream crossing are needed. Total proposed impacts are 2.227 acres of 404 wetlands, 0.028 acre of isolated wetlands, and 23 LF of stream. The project area is located within the Lumber River Basin and is 593.5 acres in size. EXISTING CONDITIONS The 593.5-acre site is located in Brunswick County, on both sides of Gilbert Road, west of Midway Road and south of Brown Road in Bolivia, NC (Figures 1 & 2). A site delineation of 404 wetlands was performed by Land Management Group, Inc. and was approved by Ms. Jennifer Frye of the U.S. Army Corps of Engineers on 05/03/06 (Action ID# 200600823) (Figure 3). The site contains a total of 259.7 acres of 404 wetlands. Two blue-line streams run through the property: River Swamp runs southeast to northwest across the site and Rattlesnake Branch runs east to west through the northern part of the site. Rattlesnake Branch ties into River Swamp in the northwestern corner of the tract, which eventually flows to the Lockwood Folly River. Both River Swamp and Rattlesnake Branch are classified as C; Swamp Waters by the Division of Water Quality. The C classification is given to waters that are protected for secondary recreation, fishing, wildlife, fish and aquatic life propagation and survival, and agriculture. Secondary recreation includes wading, boating, and other uses involving human body contact with water where such activities take place in an infrequent, unorganized, or incidental manner. This classification has no restrictions on watershed development or types of discharges. The Swamp Waters designation is a supplemental classification intended to recognize those waters that generally have naturally occurring very low velocities, low pH and low dissolved oxygen. No specific restrictions on development are involved. 1 Uplands within the site support loblolly pine (Pinus taeda), horse-sugar (Symplocos tinctoria), southern red oak (Quercus falcata), and winged sumac (Rhus copallinum). The riverine floodplain is dominated by swamp chestnut oak (Quercus michauxii), sweetgum (Liquidambar styraciflua), red bay (Persea borbonia), and American holly (Ilex opaca). Other wetlands within the site can be classified as wet pine flatwoods and support loblolly pine, sweetgum, tulip poplar (Liriodendron tulipifera), wax myrtle (Myrica cerifera), gallberry (Ilex coriacea), and dog hobble (Leucothoe axillaris). According to the Brunswick County Generalized Soil Survey, uplands within the site are classified as Baymeade fine sand, Blanton fine sand, Marvyn loamy fine sand, Onslow fine sandy loam, and Goldsboro fine sandy loam (Figure 4). Wetlands within the site are shown as Muckalee (along the River Swamp and Rattlesnake Branch) and Woodington fine sandy loam. The property is zoned R-7500 by Brunswick County, which allows low-density, single- family residential development providing other required attributes of a neighborhood. The property received a Special Exception Permit from the Brunswick County Planning Department for development of a Planned Unit Development (#5E-125) within the property (see attachments). The Brunswick County CAMA Land Use Plan classifies the majority of the tract as `Rural Areas'. However, the River Swamp wetland system that runs through the middle of the tract is classified as `Conservation & Resource Management Areas'. The Land Use Plan states that "The Rural class is to provide for agriculture, forestry, and other allied uses traditionally associated with an agrarian region. Very low density dispersed residential uses on large lots with on-site water and sewer are consistent with the intent of the Rural class. Areas meeting the intent of this classification are appropriate for or presently used for agriculture, forestry, and other similar uses. Population densities are generally very low. The Rural class is the broadest of the several general land classes and thus constitutes the major land class on the Brunswick County Land Classification Map. The vast majority of all interior land areas, away from the ocean and Intracoastal Waterway, have been designated Rural." The Plan states that the "Rural class is intended for areas that are not expected to become urban within the next decade." It should be noted that the Land Use Plan was written in 1998. 2 The Land Use Plan also states "The purpose of the Conservation class is to provide for the effective long-term management and protection of significant, limited, or irreplaceable areas. Management is needed due to the natural, cultural, recreational, scenic or natural productive values of both local and more than local concern. As such, the Conservation class should be applied to areas that should be either not developed at all (preserved), or if developed, done so in a very limited manner characterized by careful planning and cautious attention to the conservation of environmental features. Urban services, public or private, should not be provided in these areas as a catalyst to stimulate intense development. In most cases, limited on-site services will adequately support any limited development within this class and will also protect the very features which justify the area's inclusion in the Conservation classification." Surrounding land use is residential, agriculture, or forested. Previous land use within the site was silviculture and there are several dirt logging roads located throughout the tract, most are which are approximately 20' wide (Figure 5). A search of the North Carolina Natural Heritage Program database was conducted to determine whether any state or federally listed rare species have previously been observed within or near the project area. This search found no known record of rare species within the project site. However, two species were noted within aone-mile radius of the site. In 1966, a Northern Pine Snake (Pituophis melanoleucus melanoleucus) was noted approximately 1500 feet to the west of the site, on the opposite side of Gilbert Road. This animal is classified by the U.S. Fish and Wildlife Service as a Federal Species of Concern and is classified by the Wildlife Resources Commission as Special Concern. In 1998, approximately 50 Quillwort plants (Isoetes microvela) were observed 2500 feet east of the site, on the southwestern side of the intersection of River Swamp and Midway Road. This plant is state-listed as a Candidate species. 3 Table 1. Federally-listed endangered and threatened species known to occur in Brunswick County, NC, excluding coastal and marine species. Common Name Scientific Name Status Animals American alli ator Alli ator mississi iensis T(S/A) Bald eagle Halieetus leucocephalus T Eastern cou ar Felis concolor cou uar E Red-cockaded wood ecker Picoides borealis E Shortnose sturgeon Aci enser brevirostrum E Wood stork M cteria americana E Plants Coole 's meadowrue Thalictrum Goole i E Rough-leaf loosestrife Lysimachia asperulaefolia E KEY: Status Definition Endangered A taxon "in danger of extinction throughout all or a significant portion of its range." Threatened A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." T(S/A) Threatened due to similarity of appearance - a species that is threatened due to similarity of appearance with other rare species and is listed for its protection. ALTERNATIVES ANALYSIS The alternatives evaluated include a no-action alternative, off-site alternatives, an on-site alternative site layout, and the preferred project. No-Action Alternative The no-action alternative would keep the site in its current, undeveloped condition and would prohibit the applicant from constructing a planned unit development on this site. The no- action alternative is not considered feasible for several reasons. Brunswick County is experiencing rapid growth. This alternative would leave approximately 330 acres of uplands undeveloped. This would cost the current owner of the tract approximately $30,000,000 (price of the tract) in potential revenue. The inability to expand development within this tract of land would be a significant loss of return for the applicant and a loss of housing for the community. 4 Alternate Sites The proposed project is a large residential subdivision within the Bolivia area. The off-site alternatives evaluated were large, undeveloped tracts possessing multiple points of access from main roads. Three tracts meeting these criteria were identified. PruTimber Tract This tract encompasses 1429.4 acres and is located southwest of the preferred site, between Gilbert Road and Highway 211 (Figure 6). The tract currently contains a mixture of agriculture fields and forests. Based on the Brunswick County Soils Survey and aerial photographs of the site, it appears that wetlands may exist throughout a majority of the property. Development of this property would likely result in greater wetland impacts. Furthermore, sewer is not currently available on this tract. Therefore, the development of this site is not considered a feasible alternative. T ach Tract This 231.6-acre tract is located directly to the south of the preferred site (Figure 7). The only access to this site is off of Gilbert Road. In addition, sewer is not available on this property. Because of these reasons, this site is not considered a feasible alternative. Highway 211 Tract This 704-acre tract is located southeast of the preferred site, to the east of the intersection of Midway Road and Highway 211 (Figure 8). This site appears to have substantial wetlands located on the property. In addition, it is already under contract by others. Therefore, this tract is not a feasible alternative. On-site Alternatives One on-site alternative was evaluated that would access uplands within the site by bridging approximately twenty of the wetland and stream crossings. The remaining eleven crossings, which would include road widenings and tips of wetland fingers, would be crossed utilizing standard culverts. In general, bridges are not considered to be an impact by the Corps and DWQ and could provide a mechanism to greatly reduce wetland and stream disturbance within the tract. This site plan would impact approximately 0.25 acre of 404 wetlands and 0.028 acre of isolated wetlands. 5 Bridges would need to be constructed to NC Department of Transportation standards, since most roads will be public. These bridges would cost approximately $5,800,000 (Figure 8). Although the applicant was willing to do this, the NC DOT would not. According to communications with Mr. Jerry Lindsey, an engineer with the NC DOT, if a bridge is not required for hydraulic purposes or for the avoidance of the "Highest Quality Wetland" or "Outstanding Resource Waters", then they are not accepting it into the state system for maintenance. Only one crossing (the River Swamp crossing) meets this criterion. The cost of constructing this bridge is $1,800,000. Preferred Project The preferred project consists of developing 917 single-family lots, 492 multi-family units, 3.8 acres of commercial space, 7.2 acres of amenities, and 7.35 miles of roadways (Figure 9). In addition, the applicant is proposing 153.49 acres of open space and elevated boardwalks to provide access to wetlands throughout the tract (Figure 10). The improvements at Cypress Creek will consist of roadway grading and paving, the installation of water main and services, and -the installation of stormwater and wastewater collection systems. Roads for the project will be constructed to NCDOT standards. Most of the roads will be public. Water and sewer utilities will tie into the Brunswick County system. The gravity sewer system will discharge into two pump stations and be pumped into an existing 8" force main along Gilbert Road. The water system shall provide interconnectivity throughout the project by connecting a proposed 12" water line and an existing 16" water line at multiple locations. All stormwater will be collected via a storm drain piping system. The anticipated project built-upon is 27.8% (see attached Stormwater Design Narrative for additional information). Accessing uplands within the site will require crossing wetlands in thirty-one locations, one of which is also a stream crossing (B7). One bridge will be constructed over the River Swamp stream to avoid permanently impacting this system (Figure 11). Culverts will be installed at the wetland/stream crossings (Figures 12 & 13). Utilities will be placed within the road right-of--way throughout most of the tract, except for several areas where the proposed utilities will be directionally bored under wetlands and streams (Figure 9). The number of lots planned within the tract is based on the price of the tract, development costs, and the applicants' anticipated profit margin. The applicants are purchasing the tract for $30 6 million. The estimated development costs of the proposed project, including construction of roads and utilities, engineering, land planning, and finance costs are anticipated to be approximately $37 million. The developers are proposing 1409 units, with an average selling price of $56,000. Assuming all of the units are sold, $79 million will be generated. The resulting profit would be $12 million, which equates to a 15% profit margin. POTENTIAL ENVIRONMENTAL IMPACTS The proposed project would impact 2.26 acres of wetlands (2.23 acres of 404 wetlands 0.028 acre of isolated wetlands) and 23 linear feet of stream (Figure 9). Secondary impacts to wetlands and water quality could occur during and after construction of the project through erosion and stormwater runoff. These potential impacts will be minimized by the development and implementation of a Stormwater Plan and a Sedimentation and Erosion Control Plan (please see the attached Stormwater Design Narrative for additional information). These plans will reduce the potential for erosion or runoff into wetlands and other water bodies located off site. MITIGATION The applicants have attempted to minimize wetland and stream impacts as much as possible. They are only proposing impacts for road crossings in order to gain access to uplands located throughout the tract. No wetland impacts are proposed for individual lot fill. Proposed road crossings are at narrow points along the wetlands and, in some cases, where old logging roads currently exist. They are also proposing to directionally bore utility lines under approximately 2100 linear feet of wetlands and streams in order to further minimize disturbance (Figure 9). Finally, the applicants are proposing to construct a bridge across the River Swamp stream in order to avoid disturbing this system. To mitigate for proposed wetland and stream impacts, all remaining wetlands and streams will be preserved to ensure no additional impacts beyond what is being requested here. The preservation mechanism is currently being developed. This will protect approximately 252 acres of wetlands and 10,500 LF of stream. In addition, the applicant proposes to buy into the Ecosystem Enhancement Program (EEP) for the restoration of 2.25 acres ofnon-riparian wetlands and 23 LF of stream within the Lumber River watershed. A request to the EEP has been made. 7 A~~ri~r .A.v~rgar~rorr Fug TO 'WHOM IT MAY CONCERN: Uwe, tb~D tm~dorsigncd, hereby authozi~e land Management Omup, Inc. to set as our agent in .the deGerminatio~n of j~l wetland bo~mdarle$ on the subject Pt'Y> ~'P~ C'reefr 5ab- Division (G~6ert Galbw~xy 1'raet} iu Brunrridc Coanty, NC. By way of this fomn, Uwe additionally authorizc access to the site t-y reprceentatives of the US Army Carps of Engineers and/or the NC Division of Coastal Mamagennent for the purpose of reviewing the flagged wetland boundary and providing a final jurisdicfiioausl determination. Arry que~ians needing dae judsdictloot~al wetland determination slwuld bo directed to Land Management Omup, lnc. Property Address and Parcel ID Number: Cun+eart Pro~peaty t?vvnsr Nt~me:.. ~ l~ ownear Address ~t Phone Number: J~~tS ~o ~-!~G 7 ~`v/T,~- Zo Z '~/~ circle Xes ~ No for the followi~uuestions: UWe are the curnont owns: 'Y'es No I/W'e are under co~ract to purchase the subject properEy: Yes No Y/We are under option to pgn~chase the subject property: Yes No UWe have no legal interest in subject property: Yes No (s.a spewlatih~s r~ogaest -1~TOTEa Site cocas wSl be restricted w~troat JsatLorimrtia+o by enrrent oaraer) ownGr~ signatwre (noc roqu;ced if ar ~ opr[ae) ~o~ ~~lo• ~!C $ a~ ~•~ Stgw4xe ~ -!/-oG Fpiau ~a ~ 89BHZ9b8T6 9i~Ei 9H6Z/itf~~ LIST OF IMPACTS 404 WETLAND IMPACT # AMOUNT (SF) AMOUNT (AC) B1 3456 0.079 B2 2149 0.049 B3 2275 0.052 B4 4718 0.108 BS 1185 0.027 B6 4177 0.096 B7 9868 0.227 B8 675 0.015 B9 3124 0.072 B10 4988 0.115 Bl 1 1466 0.034 B12 1261 0.029 B13 3978 0.091 B 14 4907 0.113 B15 7396 0.170 B16 6786 0.156 B 17 2704 0.062 B18 1516 0.035 B 19 12492 0.287 B20 6898 0.158 C1 1757 0.040 C2 540 0.012 C4 370 0.008 CS 1119 0.026 C6 1893 0.043 C7 293 0.007 C8 202 0.005 C9 96 0.002 C 10 223 8 0.051 C11 2480 0.057 TOTAL 97,007 2.227 ISOLATED WETLAND AMOUNT (SF) AMOUNT (AC) IMPACT# C3 1225 0.028 STREAM AMOUNT (LF) IMPACT # B7 23 LIST OF SHEETS Figure 1 Vicinity Map Figure 2 Topographic Map Figure 3 Wetland Survey Figure 4 SCS Soils Map Figure 5 Aerial Photograph Figure 6 Off-site Alternative (PruTimber Tract) Figure 7 Off-site Alternative (Lesh Tract) Figure 8 Off-site Alternative (Highway 211 Tract) Figure 9 Proposed Site Plan Figure 10 Location of Elevated Boardwalks Figure 11 Bridge Crossing Detail Figure l2 Road Crossing Details 12-A: Type B-1 (Collector Road) 12-B: Type B-2 (Minor Road) 12-C: Type B-3 (Private Drive) 12-D: Type C((Road/Shoulder) Attachments: Special Exemption Permit from Brunswick County Stormwater Design Narrative Adjacent Property Owners `~.'~`~ ~ s. h ~ -.;~~ ~~ 1 y ~A ~v~a e i ~ ~ 1 ~. ~ ~' ee s a ~~~~~ ~ /. f F ~ 4; ~' ~ i -~ r *Boundanes are approxirnare dnca ~r~ ~rTE not meant tc~ be absolcte Map Source: North Carolina Atlas 8 Gazetteer. Pg 87.2003 Cypress Creek Subdivision Brunswick Development Co. Brunswick County, NC 01-05-761 P q. ~ ~s, ~ti~~~1~,1 ~~, a w~.~ 1 4~; • ,. ~'~ SCALE 1" = 1 Mile Land Management Group, Inc. Environmental Consultants Wilmington, N.C. October 2006 Figure 1 Vicinity Map '`Boundanes are approxima«; ana are not meant to be absolute Map Source: 1998 NAPP aerial photography Cypress Creek Subdivision Brunswick Development Co. Brunswick County, NC 01-05-761 P aiTE Land Management Group, Inc. Environmental Consultants Wilmington, N.C. October 2006 SCALE 1" = 1000' Figure 5 Aerial Photograph ~ Y ~ ~ 5, ~ ~i ! ~ ~liR~ [ ~ ~. ~ ~," ~ - ~ _-~ .~ t ~ d .~, ~ _~ a-.. ~f -~, __ ~ ~~ .~ ~. I i ',, - ~- "rt' y ~ ~~ ~ ~ V~ l ,~ i~ -._.. Jr _ -iiW e ,~ ,.. - n ~.. - - _ ? i` _ ~ ~ _ ~ ~ ~ t ' ~ 1 `~ ~ ~~ t ~ r r ~.~ - rat , yil r! y~..~...,r"' r ~~ ~ 1 ,_..,_, _ ,,. ,._,_,~. _ ~ ;1 ~' ~ _ ~-_ - ~._ __ - _ _ ~_. fi. ..~ ~,_ M~E, • • .• SITE ' • 1nn,5..fl++dlll Lev, ~' t~ r ,- 'a`' ~` '~' ~ .` I 1 .., ~*- !J l 1 I ~r rir rye ~"' r ~, i ./! ..._ ~ ..r r... ~ Q~~ 1 vo. -, ^o~d`? '; ~ ~ d °.~..~ .~ ~ -^' ~~ 11~ *Boundanes are approximate anc~ are aiT~ not meant to be absolute. SCALE 1" - 1200' Map Source: Bolivia Quadrangle 7.5 minute (topographic) 1990. Cypress Creek Subdivision Land Management Group, Inc. Brunswick Development Co. Environmental Consultants Figure 2 Brunswick County, NC Wilmington, N.C. 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Hry. 17 Eust 1 '' TC LAND HOLDING COMPANY, LLC SHEET Y ~ 2 Oc 6 6CAIE: t' - R00' Bolivle, NorlM Curolirw za+zz Faw (91W2S3-663+ PNOnn (910)253-6622 ff~~ 77¢¢ "gM1 % ^C +r .+ ODBBRT ROAD , ~ , o, Ri $T ~"v~ 2006 SLPLE~ 1' ~ 200 OP PR0. 03 Sw ' „ ,r 'DG , TG A I i 0001 DVG Internet Slln http~//rvr.ncWncTBBCCan DPTfl LDLl(VWD FOLLY TVSP~ BRIlN3ViLK CRMTY NORTH CMOIINR ~ • ~. i ii ~~ .~ ', ~, ~~ ' ~~ ~ ~t ':;`~i WETLAND SURVEY FIGURE 3 . . '~adE?: s', .., r.~,(,'i~t Nob ;p.- Wo ~ Bae Fo Ly Fo Gop Lo . ts:~_ , ._ ~ GoA - ~ ~ GoA NoB , ~ > ; ~> ' BaB ~ ~ `, ` `~, F ~+ ;.-, _ w ~_ ,F j.. .~ ~ ., NoB _ ~ ~ _. -~ ,. _.,-, ., ~ ' 7. Ba8 ~: ~ GoA ° ~ ' ~ Mk GoA - Ma B nB Ba8 ~~I Wo - ~ BaB _ On BnB / .- I j t ~ r f - i _ BDC ~~ BDC ~ ,. Lo # ._ . ~ To Ma _ On f t ~aB . ~-- ~ Fo _, -~ Wo ti ~ ~ Fo BaB : _- ,_ ,~ ~ ~ ' ,. _w`w_ . t To pn ~ Ra Fo ;'~ t• ~ ~_ "~i~~~1~1~iies aic ~~~ic~xuiidt~ ar~u ~+ie ~iTE ~`,~~ ~i 2U1~~~ rtttl rY~P..c"itlf fr: k?~ c~~1SOil1tP. Map Source: NRCS Soils Map. SCALE 1" = 1000' Cypress Creek Subdivision Land Management Group, Inc. Brunswick Development Co. Environmental Consultants Figure 4 Brunswick County, NC Wilmington, N.C. SOiIS Map 01-05-761 P October 2006 ~~``~w ~~ ~~ v 2 - z~~s r»...,~ . w~*,.; ~Ti~A'ie. a1Jf'. r ~,:.~~i Cypress Creek Subdivision Brunswick Development Co. Brunswick County, NC 01-05-761 P Land Management Group, Inc. Environmental Consultants Wilmington, N.C. October 2006 Not to Scale Figure 6 PruTimber Tract (Off-Site Alternative) ~,; • ~ ~ ~,r ~ r F ~Lv h~ivi...; :. Not to Scale Cypress Creek Subdivision Brunswick Development Co. Brunswick County, NC 01-05-761 P Land Management Group, Inc. Environmental Consultants Wilmington, N.C. October 2006 Figure 7 Lesh Tract (Off-Site Alternative) a ~~'~ o~~,~ - *,,~. , ,,-, ,~,~~ ~~~i~~a ~~~ ~tr~+h~ Not to Scale Cypress Creek Subdivision Brunswick Development Co. Brunswick County, NC 01-05-761 P Land Management Group, Inc. Environmental Consultants Wilmington, N.C. 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Williams 15400010 P.O. Box 553 Lagran e, NC 28551 James Adolph Williams 15400017 c/o Heirs of James A. Williams 2869 Albright Rd. SW Bolivia, NC 28422 Peggy Owens 1700001745 4618 Bluff Drive Shallotte, NC 28470 Lloyd Franklin & Lee Audrey Rogers 1700001724 2660 Goose Marsh Ct. Bolivia, NC 28422 Thomas Keith Britt 1700001710 2659 Goose Marsh Ct. Bolivia, NC 28422 Mary Elizabeth Swain Crittenden 1700001731 c/o Thomas L. Crittenden Jr. P.O. Box 3194 Wilmin on, NC 28406 Orlean M.G. Chavis 1540001410 2946 Brown Road SE Bolivia, NC 28422 Norris L. Robinson 1540001 S 2987 Brown Road SE Bolivia, NC 28422 Macon E. & Dollie M. Gardner 1540001411 3025 Brown Road SE Bolivia, NC 28422 1540001403 Shady Rest Cemetery ' (no address ven) Geraldine G. Bromell 1540001407 2949 Brown Road Bolivia, NC 28422 Betty Lyons 1704001711 2270 SW 42na Way Ft. Lauderdale, FL 33317 Nancy M. Hail 1700001712 P.O. Box 188 Bolivia, NC 28422 Thomas E. O' Quinn 1700001709 53 Beauregard Wilmin on, NC 28412 Edward G. & Linda R. Philyaw 1700001707 P.O. Box 282 Bolivia, NC 28422 Carol H. & Gus J. Benino 1700001714 2461 Goose Marsh Ct. SE Bolivia, NC 28422 Ronald Monk 1700001706 1310 SE Gilbert Road Bolivia, NC 28422 PruTimber Fund Two Ltd. Partnership c/o American Forest Management 18600016 P.O. Box 9 A or, SC 29511 Winfred E. & Alice Lesh 17000006 4063 Bus 17 East Bolivia, NC 28422 1700000101 Cemetery (no address iven Gregory Lynn Caison 1714004604 1655 Seahorse Run Bolivia, NC 28422 Mattie P, Gore 17000004 2081 Midway Road SE Bolivia, NC 28422 Michael A. Gore 27000002 c/o W.W. Gore 5330 Mapleton Street Clemmons, NC 27012 John Graham Estate 17000003 c/o William Almon 1150 Midway Road Bolivia, NC 28422 Clyde Simmons Jr. Trustee 17104056 Clyde Simmons Jr. Living Trust 394$ S. 3`~ Street PMB 344 Jacksonville, FL 32250 STORMWATER DESIGN NARRATIVE for Corps of Engineers Individual Permit CYPRESS CREEK Brunswick County, NC McKim & Creed Project #04289-0002 October, 2006 Prepared for: Brunswick Development Co., Inc. 8450 Falls of the Neuse Road, Suite 202 Raleigh, NC 27615 (919) 844-9025 Prepared by: v M~IQIVI~C:IZEED 243 North Front Street Wilmington, NC 28401 (910) 343-1048 CYPRESS CREEK New Hanover County, NC McKim & Creed Project #04289-0002 October, 2006 Table of Contents DESIGN NARRATIVE Proposed Project Existing Site Proposed Improvements Maintenance ATTACHMENT 1 - STORMWATER CALCULATIONS ATTACHMENT 2 -CONSTRUCTION PLANS Pagei DESIGN NARRATIVE Proposed Project Cypress Creek is proposed as a mixed use Planned Unit Development. The project components include 134 patio homes, 108 traditional neighborhood homes, 675 single family homes, 492 multi-family homes, 7.2 acres of amenity areas, and 3.8 acres of neighborhood commercial. The project received local approvals from Brunswick County on June 26, 2006. Existing Site From US 17 South, take Old Ocean Hwy/US 17 (Bus) through Bolivia. Turn left on Midway Rd (SR 1500), and then turn right on Gilbert Rd (SR 1501). The project is located on both sides on Gilbert Road beginning 0.6 miles from the intersection of Gilbert and Midway. Figure 1 -Site Vicinity Map Page 1 The existing site is presently undeveloped woodland, wetland & idle farmland. The site is densely vegetated with several trails that meander throughout the property. The proposed project area discharges to River Swamo, which flows through the middle of the property. River Swamp is within the Lumber River Basin and is a classified C;Sw. The classification is dated 12/01/63 and the stream index number is 15-25-1-6. There are several unnamed tributaries that drain through the property to River Swamp. Wetlands are located within the property boundary; these areas will be limited from construction activity. The Brunswick SCS Soil Survey indicates that a variety of soil types exist within the project limits. The upland soil types include: Baymeade Fine Sand (BaB), Blanton Fine Sand (BnB), Woodington Fine Sandy Loam (Wo), Onslow Fine Sandy Loam (On) & Foreston Loamy Fine Sand (Fo). The predominant soil type adjacent to River Swamp is Muckalee loam (Mk). Slopes range from 0-3% on site with greater slopes adjacent to River Swamp and its tributaries. Proposed Improvements The improvements at Cypress Creek will consist of roadway grading and paving, the installation of water main and services, and the installation of stormwater and wastewater collection systems. Roads for the project will be constructed to NCDOT standards. Most will be public. The gravity sewer system will discharge into 2 pump stations and be pumped into an existing 8" force main along Gilbert Road. The water system shall provide interconnectivity throughout the project by connecting a proposed 12" water line and an existing 16" water line at multiple locations. All stormwater will be collected via a storm drain piping system. Each lot will be required per the restrictive covenants to direct all roof drains to the road. Where this is not feasible, due to grade or other constraints, an off right-of-way stormwater collection system has been provided. The piping system will drain to multiple stormwater detention ponds. Each detention pond has been designed to treat the 1" storm, as required by the high density option of the NC State stormwater program. Each pond has also been designed to detain the 1 & 10 year peak flow storm events to pre-developed conditions as required by the Brunswick County stormwater ordinance. The anticipated project built-upon is 27.8%. this is based on 7.35 miles of roadway and the remaining impervious coverage including homes, sidewalks, multi-family, amenities, and neighborhood commercial. Wetland impacts have been minimized. They will be limited to roadway crossings and temporary impacts associated with utility crossings. Culverts have been provided at each road crossing to maintain hydraulic connectivity and the bottom of each culvert has been sunk 20% or 12". Most ponds will discharge to the adjacent wetland. Measures, such as a clay liner will be installed to mitigate possible drawdown effects if the permanent pool of a pond is below the adjacent wetland elevation. All sedimentation and erosion control permits will be obtained from NC DENR -Division of Land Quality. During construction, the detention ponds will serve as temporary sediment basins. Silt fence, gravel construction entrances and other erosion control measures will also be designed and installed per the NC Erosion and Sediment Control Planning and Design Manual. Page 2 Maintenance The Contractor shall be responsible for periodic inspection and maintenance of all indicated erosion control devices. In addition, inspection and any necessary maintenance will be required immediately following any significant storm event. Any measure that fails to function as intended shall be repaired immediately. Upon completion of construction and the establishment of stabilizing ground cover, the property owner shall be responsible for site maintenance. Page 3 ~7~9a~a c C~~ ~``°~`~= Brunswick County Planning Department ~~@~ _t.. - - - P.O. Box 249 ~a~~&~4c~ 75 Courthouse Drive N.E., Btdg i Bolivia, NC 28422 July 3, 2006 McKim & Creed Attn: Margaret Gray 243 North Front Street Wilmington, NC 28409 RE: Cypress Creek PU© File # SE=125 Dear Ms. Gray, This is to confirm that at June 26, 2006 Planning Board Meeting the plans for Cypress Creek PUD were conditionally approved. Please find attached a copy of the Special Excep#ion Permit. The Special Exception Permit has been formatted to meet the standards so as to be recorded by the Brunswick County Register of Deeds. Please remember that this Special Exception Permit runs with the property and not the owner. A final plat shall be submitted wi#hin eighteen (18) months after approval of the preliminary plat; otherwise, the preliminary plat shall become null and void, unless an extension of time is applied far and granted by the Planning Board per Section II-4, Major Subdivision Procedures Section 4.2(A). Prior to recordation of individual lots, :site specific survey is to be reviewed by the Planning Department (910-253-2036) and :then by Engineering Department (910- 253-2500) for approval. There is a $5.00 dollar fee per lot assessed for site specific review of lots. if you have any questions please feel free to contact me at 910-253-2036. Congratulations, Tracy bgood Land Planner CC: William Scudder Brunswick County Planning Department ~~ P.O. Box 249 _ 75 Courthouse Drive N.E., Bldg l .~ ~~` Bolivia, NC 28422 SPECIAL EXCEPTION PERMIT On the date(s) listed below, the Planning Board of Brunswick County met and held a public hearing to consider the following application: Application No. SE-125 Applicant: TC Land Holding, LLC Project Name: Cypress Creek Property Location: Located on Gilbert Road (SR 1501). Parcel Number(s): 17000001 Zoning District: R-7500 Intent: Basically low density single family residential areas providing other required attributes of a neighborhood. Surrounding Zoning North RU South R-7500 East RU West RU and R-7540 Proposed Use of Property: Planned Uriit Development The project was submitted to the Planning Department on March 6, 2006 and appeared before the TRC Committee on April 12, 2006. The project is proposing 1409 units on 588 acres crea#ing a density of 2.4 units per acre. Water is public provided by Brunswick County. Sewer is public provided by Brunswick County. Water and sewer is to be provided for the entire project. The open space requirement is 15% of total acreage (88.2 acres}. The developer is proposing 153.49 acres of open space. A Traffic Impact Analysis (TIA) was completed for the project. SECTION 1 -FINDINGS: Having heard all of the evidence and arguments presented at the hearing, the Planning Board, at its regular meeting, finds and determines that the application is complete, and subject to the conditions imposed below, the following findings are made: 1. A written application pursuant to Article 4, Section 4.2 E of the Brunswick County Zoning Ordinance that permits Planned Unit Developments in the R-7500 zoning district was - ~ submitted and completeiri~lT-respecfs. ~ - - 2. A public hearing was duly noticed and held on this matter on June 26, 2006. The adjoining property owners were notified by US mail of the hearing. 3. The .Planned Unit Development for which the Special Exception is sought is in keeping with the statement of intent of the zoning district. This is based on sworn testimony and evidence subn-iitted during the hearing which shows the following: a. A Planned Unit Development as a Special Exception which is permitted in the R-7500 zoning district. b. The project is a combination of single-family and multi-family which is permitted in a Planned Unit Development in the R-7500 zoning district. 4. The Planned Unit Development for which the Special Exception is sought will not substantially injure the value of adjoining property. This is based on sworn testimony and evidence submitted during the hearing which shows the following: a. There are substantial buffers proposed in the project. b. Most of the roads will be dedicated to NCDOT and will provide good circulation. c. The project will make public water available to adjoining properties, where it otherwise would not be available. 5. The Planned Unit Development for which the Special Exception is sought, if developed as proposed, meets all requirements and conditions of the ordinance. This is based on sworn testimony and evidence submitted during the hearing which shows the following: a. The plan submitted by the applicant was reviewed by the Technical Review Committee and staff and found to meet all requirements and conditions of the ordinance. SECTION 1 -CONDITIONS: Now, therefore, the application to make use of the above described property for the purpose indicated is hereby approved and granted, subject to all applicable provisions of the Brunswick County Zoning Ordinance, of this permit, and the following special conditions which the Planning Board finds to be in the public interest: Page 2 of 3 Not to be separated. TNlJLB 1. That the development shalt proceed in conformity with alt plans and design #eatures submitted as part of the special. exception application and kept on f)e by the Brunswick County Planning Department. 2. That the development of the parcels} shall comply with all regulations as specified in the Bnanswick County Zoning Ordinance. 3. That if the specified conditions addressed in this special exception are violated, the permi# shall be revoked and the use wilt no longer be allowed. Only by reapplying to the Planning Board far another special use permit and receiving their approval can the use tie again permitted. 4. Submit a revised plan to the Planning Department for approval. Provide a tum around on Misty Creek Drive. 5. Provide fora 15' buffer between MF-1 and the single-family across the street, as well as between MF-3 arid the single-family across the street. 6. Add lot numbers to the plan. 7. Add a street name for the unnamed street off of Cool Water Trail. 8. Replace Creeping Vine in the multi-family section 4 with a new street name. 9. Label all existing roads around the development, including SR numbers. 10. Note that access to the cemetery on parcel 17__00_00_0.1_01 w__il_1 not be obstructed. 11. Front setbac s wilt be 25'. 12. Preserve native vegetation as much as possible. SECTION 3 -VESTED RIGHTS: Approval of this permit confers upon the property the right to develop with the type and intensity of use as herein described and as shown on the approved site plan. Vested rights are hereby established pursuant Article 1, Section 1.12 of the Brunswick County Zoning Ordinance. SECTION 4: SEVERABILITY AND RECORDATION: invalidation of any one or more.of these conditions shall not adversely affect the balance of said conditions, which shall remain in full force and ct. J e lie Be I, AICP, HDFP Planning Director STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK I, the undersigned, Notary Public for said State and County certify that J. Leslie Bell, personaIly came before me this day and acknowledged J. Leslie Bell as the Planning Director of The County of Brunswick, a political subdivision of the State of North Carolina and that by authority duly given and as the act of the County, the foregoing instrument was signed in its name by him as its Planning Director. Yd _,,,,faa~.,,,.- fitness my h and notarial seal, this the day {.Gt,2~ Connie Marlowe a~ 1ny'v~J`~/~ My Commission Expires:~~~ _V `{ Page 3 of 3 Not to be separated. TH/JLB 200 ~rs ~: NoTAq y'=,~ z • °•a ' ~ ` • ~r :; ~V~L1G ~•°~°• •. ~o~••....•••~ ,,~