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Home My WebLink About20130305 Ver 1_More Info Received_20130610Vr Al LMG LAND MANAGEMENT GROUP nic, iwEnvironmental Consultants May 3151, 2013 TO: Ms. Emily Hughes U.S. Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 RE: Individual Permit Application; Response to Public Notice Comments Retail Center in Northern New Hanover County; Paramount Development Corporation Action ID# SAW- 2011 -02104 Dear Emily: 13-o30S 12 @ _[_§ ORE JUN 0 2013 Thank you for your letter dated May 14, 2013 in which you summarize comments received during the Public Notice for the Retail Center in Northern New Hanover County project. Below are responses to each of your comments. 1. Please clearly state your purpose and need for discharging fill material into 1.24 acres of high value wetlands on Outlot # 1. This should include justification for financial need by demonstrating why the overall project is dependent upon the development of this outparcel. Response: After careful re- consideration of all items related to the overall development, the applicant has revised the site plan to remove Outlot #I and avoid impacting a majority of the high value wetlands. With the revised site plan (enclosed), only 0.32 acre of high value wetlands would be impacted and is needed for an access road. It was also determined that all of the low quality wetlands located adjacent to Market Street (in front of Outlots #2 and #3) would need to be impacted for stormwater facilities. Additionally, a small wetland impact was needed to provide an access point to the SECU property. Total wetland impacts are now 2.08 acres. 2. It must be demonstrated that there are no practical on -site alternatives that will avoid adverse impacts to waters of the United States. Please bear in mind that jurisdictional impacts must be avoided and minimized to the maximum extent possible. The development of Outlot # 1 does not demonstrate this. Response: The overall site configuration is driven by several fixed components including property boundaries, a water tower, a cell tower, building setbacks, and by the New Hanover County Planning Department's desire to have an access or "New Circulation Route" to the back of the property. Given these constraints, the current configuration is the only viable option. Additional avoidance measures have been taken since this process began including: • the elimination of Outlot # 1 • the reduction of anchor store parking to a 4.25 space per 1,000 Sq. Ft. ratio • the redesign of the parking layout — from a diagonal layout to a 90 degree layout — a redesign that resulted in less property used for said parking • the redesign of the storm system to ensure existing wetlands remain hydrated. 3. Please provide justification for the future access road connecting Market Street to Plantation Road in the form of a letter from the New Hanover County Planning Department: The New Hanover County Planning Department sees this access road as critical for long term planning and growth. The County's support of this connectivity is confirmed by their adoption of the Market Street www.lmgroup.net • info @lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 Corridor Study ( "The Study ") in 2011. The Study identifies the access road as a "New Circulation Route" Chapter 6, Figure 6.3. Attached hereto is a letter from the County. The applicant understands that a signed original has been mailed to the COE. 4. To support EPA and DWQ's concerns about the remaining wetlands, please demonstrate ways that would allow for the long -term sustainability of these wetlands. We suggest that the storm water management plan be redesigned to accommodate use of the wetlands for water retention / filtration. The Corps would be willing to facilitate working with the state to help make this possible Response: The overall site storm water management conceptual plan for this project will include several on -site wet detention ponds as the main treatment for storm water runoff. These ponds will be located within the watershed of the existing wetland to be avoided. There are three planned discharge points to the existing wetland, located on multiple sides to help re- hydrate the wetland from three directions. The discharges from this treated storm water will be conveyed to three separate energy dissipater structures and then into three separate level spreaders along the existing wetland. The existing discharge from the wetland consists of existing RCP pipes running under the existing abandoned railroad bed along Market Street, then to RCP pipes running under Market Street out falling to an existing tributary of Pages Creek. The storm water management plan will include drainage easements and a maintenance plan to ensure proper function of the BMPs upstream of the wetland. 5. Please revise your mitigation plan once avoidance and minimization issues have been addressed. Impacts to wetlands that are rated "high" for function and values by NC WAM will need to be mitigated for at a minimum of 2:1. Response: The site plan has been revised so that only 0.32 acre of high value wetlands will be impacted. An additional 1.76 acres of medium or low value wetlands will also be impacted. The applicant agrees to mitigate for the high value wetlands at a 2:1 ratio and other wetlands at a 1:1 ratio. Please see the table below for specific acreages. The applicant proposes to buy credits from the Northeast Cape Fear Umbrella Mitigation Bank (acceptance letter attached). Wetland Value* Proposed Impacts Mitigation Required High 0.32 ac 0.64 ac Medium or Low 1.76 ac 1.76 ac TOTAL 2.08 ac 2.40 ac * based on WAM assessment conducted by LMG staff. Although the applicant had initially proposed to preserve remaining wetlands on site in perpetuity, it was later determined that some thinning of the vegetation would periodically be needed to allow visibility of the development from Market Street. This thinning would be inconsistent with the US Army Corps of Engineers' standard preservation language. Therefore, although no future wetland impacts are anticipated within the property, preservation of the avoided wetlands is no longer a part of the proposed mitigation plan. Si erely, �Jvu� Kim Williams Encl. Cc: Mr. David Hamer, Paramount Development Corporation Ms. Karen Higgins, NC DWQ Mr. Chad Coburn, NC DWQ Mr. Stephen Rynas, NC DCM www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 NORTHEAST CAPE FEAR UMBRELLA MITIGATION BANK Sponsor: Shaw Highway Properties, LLC 3970 Bowen Road Canal Winchester, OH 43110 Credit Reservation Letter June 4, 2013 Kim Williams Land Management Group, Inc. 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 Project: Retail Center in Northern New Hanover County —Paramount Development Corporation USACE Action ID No. SAW- 2011 -02104 Dear Ms. Williams: Pursuant to your recent credit request, the Northeast Cape Fear Umbrella Mitigation Bank (Bank) is providing preliminary acceptance to supply non - riparian wetland compensatory mitigation credits for impacts associated with the Retail Center in Northern New Hanover County, North Carolina. Please refer to the table below depicting the pending credits to be available (anticipated July 31, 2013) and the credits requested via your recent email transmittal. Mitigation Type Total Bank Credits Number of Credits To Be Available (anticipated release date of July 31, 2013 ) Credits Requested Credits Reserved lNon- Riparian Wetland 912.1 136.9 2.4 2.4 Riparian Wetland 2.0 l Stream 2,300 0.35 345 0 � 0 0 0 Note that the Bank provides wetland credits in 0.10 -acre increments. Based upon receipt of your email transmitted on June 3 (2013), the Bank will reserve 2.4 non - riparian wetland credits for a period of up to 90 days from the date of the first credit release of the Bank. Note that requests to reserve credits beyond 90 days may require a deposit of up to 5% of the credit transfer fee. Northeast Cape Fear Umbrella Mitigation Bank 3970 Bowen Road • Canal Winchester, OH 43110 • (614- 834 -5244) Upon request for credit transfer (and pending the initial credit release), the Bank will issue an invoice in the amount of $107,520.00. Upon receipt of payment, the Bank will provide an executed Transfer of Credit Certificate. if you have any questions or need additional information, please contact me by phone at (614) 834 -5244 or by email at wetlandsresource @aol.com Sincerely, Northeast Cape Fear Umbrella Mitigation Bank " Vt" Cal Miller Sponsor Northeast Cape Fear Umbrella Mitigation Bank 3970 Bowen Road • Canal Winchester, OH 43110 • (614- 834 -5244) Ms. Emily B. Hughes, Regulatory Specialist Wilmington Regulatory Field Office Department of the Army Wilmington District, Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 -1343 Re: Proposed Suburban Commercial Center 8107 Market Street Dear Ms. Hughes, Attached please find the Market Street Corridor Study's Preferred Access Plan that specifically covers the 8100 block of US 17 (Market Street) in New Hanover County. With regard to the referenced property, please note the New Circulation Route that is intended to provide for a future connection from Market Street to the rear of this specific property. This Preferred Access Plan is indeed part of the Market Street Corridor Study and that study was adopted by the New Hanover County in 2011. Should you have any further questions with regard to this matter, please do not hesitate to give me a call. Sincerely, Chris O'Keefe co, 0yo, /0 cx -, ' >' 6l 0, ogE q 01319 -105!1 %'6& N 1 711 -72- -71 R- 60' a, 5EC 110 � P"A5 6 2 C _Ujj""L 'N el t d' '. , '. . , �� 1-- 30 DRAINLI-6MIENT LILLY FOND LANE (45, PRIVATE WM -G.5- �E TION 2 IPHA5F: I COUNTRY HAVEN MAP 1300K 3J PAGE 324 4 0 n t --RETENTION POND AR9A- T - STORMWATER FOREBAY MANAGEMENT FACUTY, Lj4fiWR&TAL 7RA 189,544 SF 4 f--+— 4 4 t = & A, n 4f 40 Vk' % \ \ %% . % I IF % # X a_ r J VICINITY MAP (I 1000) 1 9 f, 5 $-.-- - ipj 1 0 0 > j 'o. to V, 14 % N' % 6761- GAr to T's 'tl lb v N, a 61— A* 0 " $4 i5l STORMWMENT A-TER ``•` -, -. I . S. MANAGE FACILITY PORESAY IF t-oqu 0 4f b4 --T- � It -4— b4 ��il� w I z :5 1 co . w & t;�v 4j, J .' Ce FORERAY �`� O ' ��a•�� • �'�v 7n�/, %r��. "7ai o ADDRE55:6130 0) BUILDING No. 71 24 UNITS win 4 u- u- It ---- 0 SHOPS C) C) 22,440 SF *z' :qo I ---.s ', 011� 0 ne N" . --11 1 <n' j I tit r --- --- SITE IMPERVIOUS DAT LL A COCI) oc) --- AREA 1-W P. A F E A C) cl) % LARGE RETAIL TRACT +/-28.03 AC. +/-18.54 AC. (57.8%) LO 106,% SHOPS TRACT +/-7.60 AC. +/-5.68 AC. (75.1%) d 00 C>, WETLAND PARCEL +/-4.68 AC. -A" %N'N' OUTLOT AREA ®1 +/-t77 AC. +/-1.00 AC. (56.5%) # V SHOPS LL L 4 OUTLOT AREA 82 +/-P-12 AC. +/-tlT AC. (5&2%) LOCO 19,940SF a. 0c)f SL 9 C) 509 SHOD S1 BACK TOTAL 44.88 AC. +/-24.34 AC. (64.5%) -4 -- - - - - -- — — — — — cwr) Ld IrD — — — — — — — — w -- I SITE WETLAND IMPACTS N J. R R --- --- TOTAL WETLANDS +/-4.90 AC. MANAGEMENT IMPACTS +/-2.08 AC. (42.0%) NOIMPACTS +/-2.84 AC. (58.0%) k ---------- TOTAL IMPACTS +/-2.08 AC. UNCUMN OM A0. OFF-WE WAClr$ ON SECU PROPERTY! 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