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HomeMy WebLinkAbout20130664 Ver 1_401 Application_20130713201 3066 4 Soil & Environmental Consultants, PA 11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: (919) 846 -5900 • Fax: (919) 846 -9467 0 MEMO ill g ► We Transmit to you Herewith: [f Drawings ❑ Specifications ❑ Brochures or photos [� Correspondence ❑ As per your request Project #: Date: l,�0 1,] Project Name: K8e,1 IQ. Cornme rCa CJ File: ❑ For your information and files [3'*' For comment or approval ❑ Returned for correction, resubmit ❑ Approved as noted Under Separate-,�: ❑ By mail ❑ By courier IT By express Do � 1 • it enclosures are not as usteo as auove, Kinaiy noury us at once. ,`�� h �0�0-I�t�ilm(n Re6lorsj Dices 20130664 Environmental Consultants, PA Road • Raleigh, North Carolina 27614 • Phone: (919) 846 -5900 • Fax: (919) 846 -9467 www.SandEC.com June 28, 2013 S &EC Project # 11972 To: US Army Corps of Engineers N.C. Division of Water Quality - WeBSCape Wilmington Regulatory Field Office Archdale Building — 9"' Floor 69 Darlington Avenue 512 North Salisbury Street Wilmington, NC 28403 Raleigh, NC 27604 Attn: David E. Bailey Attn: Karen Higgins Cc: DENR - Wilmington Regional Office UT to New River N.C. Division of Water Quality Cape Fear see also White Oak 127 Cardinal Drive Extension Wilmington, NC 28405 Attn: Joanne Steenhuis C; NSW From: Soil & Environmental Consultants, P.A. , Bob Zarzecki Re: KOENIG COMMERCIAL, Gum Branch Rd. & Western Blvd., Jacksonville, Onslow Co., NC On behalf of the owners, John Koenig, Inc., please find attached a complete application and supplemental information requesting written concurrence from the U.S. Army Corps of Engineers and the N.C. Division of Water Quality (NCDWQ) that the activities proposed below may proceed under Nationwide Permit 39 and General Water Quality Certification 3890. Please contact me at (919) 846 -5900 if you have any questions or require additional information. PROJECT SUMMARY Project Name KOENIG COMMERCIAL Project Type Commercial /Retail Development Owner / Applicant John Koenig, Inc. County Onslow Nearest Town Jacksonville Waterbody Name UT to New River Basin / Sub -basin Cape Fear see also White Oak Index Number 19-(1) Class C; NSW USGS Cataloging Unit 03030001 see also 03020302 IMPACT SUMMARY Stream Impact (acres): 0.1 Wetland Impact (acres): 0.49 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.5 Total Stream Impact (linear feet): 243 Mitigation — Stream (feet) 486 Mitigation — Riparian Wetland (acres) 0.9 Attachments: PCN Application Form & DWQ $570 Application Fee Agent Authorization Form USGS Topographic Map & NRCS Soil Survey Map Proposed Plans / Impact Exhibits (3 sheets) Lowe's Foods Letter 6/26/2013 Alternative Plans #1, 2 & 3 Freeland & Kauffman, Inc. (F &K, Inc.) Letter 6/27/2013 F &K, Inc. - Secondary Wetland Impact Analysis NWI, DFIRM & SHPO /HPOWEB Maps Bachelors Delight Mitigation Bank Credit Reservation NC DWQ Stream Form 5/15/13 NCWAM Rating Sheet SAW -2013 -00578 JD April 16, 2013 Letters of Support (City, County, Chamber & Eco.Dev.) c__ L1uJ CD w LI W `o�ot W Art9 > g o < Office Use Only: Corps action ID no DWQ project no Form Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ©Section 404 Permit ❑Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? Q Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes © No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑X Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. © Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes Q No 2. Project Information 2a. Name of project: Koenig Commercial / Lowe's Foods 2b. County: Onslow 2c. Nearest municipality / town: Jacksonville 2d. Subdivision name: n/a 2e. NCDOT only, T.I.P. or state project no: n/a 3. Owner Information 3a. Name(s) on Recorded Deed: John Koenig, Inc. 3b. Deed Book and Page No. 8:1576 P:737 3c. Responsible Party (for LLC if applicable): Mr. John Koenig 3d. Street address: 6432 Yadkin Road 3e. City, state, zip: Fayetteville, NC 28303 3f. Telephone no.: (910) 864 -1976 3g. Fax no.: ' send to agent 3h. Email address: " send to agent Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Mr. Bob Zarzecki 5b. Business name (if applicable): Soil & Environmental Consultants, PA (a.k.a., S &EC, PA) 5c. Street address: 11010 Raven Ridge Road 5d. City, state, zip: Raleigh, NC 27614 5e. Telephone no.: (919) 846 -5900 5f. Fax no.: (919) 846 -9467 5g. Email address: bzarzecki @sandec.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 4368 -02 -76 -5451 1b. Site coordinates (in decimal degrees): I Latitude: 34.8 Longitude: - 77.4408 1c. Property size: 37.38 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: UT to New River 2b. Water Quality Classification of nearest receiving water: C; NSW (Stream Index No. 19 -(1)) 2c. River basin: New (03030001) [Note: also White Oak 03020302] 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The majority of the property was dear -cut as recently as 2009 and has essentially been maintained in an open Geared state since, with the exception of the drainageways which are primarily forested. The property is bordered on the east and south by major thoroughfare roads Surrounding land uses include a power substation property, residential development, Geared vacant land, commerdal/retail developments, and forested lands. 3b. List the total estimated acreage of all existing wetlands on the property: 2.43 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2,700 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to develop a commercial/retail development on the property. 3e. Describe the overall project in detail, including the type of equipment to be used: The first phase of the overall project will include a Lowe's Foods store, 2 smaller retail stores, a restaurant, and associated infrastructure 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ❑X Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary Q Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Adam Carter / Bob Zarzedci Agency /Consultant Company: Wetland Solutions, LLC / S &EC Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Jurisdictional Determination, April 16, 2013, SAW - 2013-00578; N C DWQ Stream Identification, May 15,2013; 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? Q Yes ❑ No 6b. If yes, explain. A conceptual plan has been provided for future phases of the development. A future impact of 0.022 acres is anticipated & is requested at this time. These plans are solely conceptual in nature and could change to include multifamily residential uses, for example. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands Q Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of impact Type of wetland Forested Type of jurisdiction Area of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) Temporary W7 P Fill Headwater Wetland Yes Corps 0 339 W2 P Fill Headwater Wetland Yes Corps 0.043 W3 P Draining Headwater Wetland Yes Corps 0 076 W4 T Excavation Headwater Wetland Yes Corps 0.01 W5 P Fill Headwater Welland Yes Corps 0.022 W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 0.49 2h. Comments: Impacts W1 & W2 are for fill associated with the access drive, buildings, parking lot & infrastructure. The "secondary wetland impact" (W3) is associated with the potential for loss of hydrology to the wetland (i.e., draining) that could occur as determined by the project engineer. No fill to this area is proposed. The "temporary impact" (W4) is for a utility pipe crossing to the stormwater pond. The "future wetland impact" (W5) is anticipated and requested at this time, but is not anticipated to be constructed as part of the first phase of the development. (NCWAM Score = "MEDIUM'S 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary (T) (feet) feet) S1 P Fill Unnamed PER Corps 3 63 S2 P Fill Unnamed PER Corps 3 180 S3 - Choose one S4 - Choose one - - S5 - Choose one - S6 - Choose one - - 3h. Total stream and tributary impacts 243 3i. Comments: The USACE verified the stream to be a Relatively Permanent Water (RPW) tributary stream. The USACE and DWQ evaluated the stream using the NC DWQ Stream Identification Form (Version 4.11) and calculated the score to be 32.5 points or perennial using the DWQ methodology. As such, the applicant is proposing a mitigation ratio of 2:1 for the proposed impacts. Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose O2 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond 1D number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWO) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet ) 6g. Zone 2 impact (square feet 61 - Yes /No B2 - Yes /No B3 - Yes /No B4 - Yes /No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments. Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. See attached justification letter from Lowe's Foods and associated alternative plans. The proposed project has been reduced in size and configuration to avoid and minimize impacts, to include the reconfiguration of the site plan, reduced retail area, a smaller Lowe's Food store size, and use of retaining walls. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. As stated above, retaining walls will be used to allow for steeper fill slopes and reduced impacts. A bypass pipe will be installed to maintain hydrologic connectivity through the property and to help ensure adequate hydrology to the retained wetlands Temporary erosion control measures will be installed around project boundaries to avoid and minimize any indirect impacts to remaining jurisdictional wetlands. Permanent stormwater best management practices (BMPs) will be used (e.g., wet pond). 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Q Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): Q DWQ Q Corps 2c. If yes, which mitigation option will be used for this project? Q Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Bachelors Delight Mitigation Bank 3b. Credits Purchased (attach receipt and letter) Type: Riparian wetland Type: Stream Type: Choose one Quantity: 0.9 acres Quantity: 486 Quantity: (permanent x = + emporary x _ + econ ary x _ . = acres 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres A. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (Stage Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ❑ No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 85% 2b. Does this project require a Stormwater Management Plan? 0 Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The plan includes the use of a single BMP (e g , wet detention pond) for the entire property that will be initially sized for the first phase of the development and will be modified, increased in size, as the property develops. The final stormwater management plan will be reviewed and approved by the City of Jacksonville, a certified local government by DWQ, and will ensure proper treatment for the "C; NSW classified waters. A bypass pipe will be installed to route water through the development and around the proposed grocery store The pipe will ensure hydrologic connectivity through the property and adequate hydrology to the retained wetlands and stream. An energy dissipater will be installed to help ensure non - erosive velocities discharging to the wetland. No new impervious areas will be discharge into this pipe. The BMP will be used to treat the new development areas. 2e. Who will be responsible for the review of the Stormwater Management Plan? City of Jacksonville, NC 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? City of Jacksonville, NC 0 Phase II 3b. Which of the following locally - implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed Q Other: Coastal Stormwater 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes Q No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ORW (check all that apply): []Session Law 2006 -246 []Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? S. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal /state /local) funds or the El Yes pX No use of public (federal /state) land? 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes Q No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑Yes QX No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes ❑X No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The project as a whole is proposed as the entire property. There property to the north is a power substation. The properly to the west is an existing residential development, currently under review for an Individual Permit for phase expansion, independent of this development. The properties to the east, south and southeast are existing commercial/retail developments and vacant commercial/retail land, not anticipated to develop as a result of this project. Secondary impacts to 0.076 acres of wetlands is possible due to a reduced watershed area, and are accounted for in this application. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The City of Jacksonville has adequate sanitary sewer capacity available for the project and will ensure this through their permitting processes required for this project. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or Yes No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NHP Map Viewer and online records search. Also, as part of the Individual Permit review process, it was determined that there would be 'no effect' on protected species for the Williamsburg Plantation development project, for which the review area Included this property. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes © No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA "EFH Mapper' and online records search. Also,this project exists upstream of the Williamsburg Plantation development and It was determined that there would be no adverse impact to EFH species. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ®No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would Impact historic or archeological resources? NC SHPO - HPOWEB map viewer and online records search. No structures were found to exist on the property. No records of cultural resources were found on or adjacent to the property. Also, the adjacent Williamsburg Plantation was found to have no adverse effect on cultural resources. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Information System and DFIRM. The FEMA designated floodplain is shown to exist more than 1/2 mile downstream of this project. Soil & Environmental Consultants, PA Bob Zarzecki June 28, 2013 Applicant/Agent's Printed Name L—C-s4kppic—AIRVAgerffs Signature Date (Agents signature is valid only If an authorization letter from the applicant is provided.) Page 10 of 10 Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, North Carolina 27614 • Phone: (919) 846 -5900 • Fax: (919) 846 -9467 www.SandEC.com AGENT AUTHORIZATION FORM All Blanks To Be Filled In By The Current Landowner Name: John Koenig, Inc. Address: 6432 Yadkin Road, Fayetteville, NC 28303 Phone: (919) 864 -1976 Project Name /Description: john Koenig_TR3 L37.38 acres), NW Quadrant of Western Blvd. & Gum Branch Rd., Tacksonville, NC S&EC Project # 11972 Date: November 2012 The Department of the Army U.S. Army Corps of Engineers, Wilmington District P.O. Box 1890 Wilmington, NC 28402 Attn: David Bailey Field Office: Wilmington Regulatory Field Office Re: Wetlands Related Consulting and Permitting To Whom It May Concern: I, the current owner, hereby designate and authorize Soil & Environmental Consultants, PA to act in my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc. from this day forward. Thy& day of November, 2012. This notification supersedes any previous correspondence concerning the agent for this project. NOTICE: This authorization, for liability and professioi government officials to enter the property when accomp. to arrange a site meeting prior to visiting the site. John Koenig Current Owner's Name cc: NCDENR - DWQ WeSCAPe Archdale Building 512 N. Salisbury Street 9- Floor Raleigh, NC 27604 cc: Mr. Bob Zarzedd Soil & Environmental Consultants, PA i O yiDEN,DR. Greenbrian o �� Z 1 If i, r - RA st7 India Moon Half A - , , �{��� ✓ C/�J Springs =� �5 1 Heights Hei p %v v, V J Westgate n �.H61f-Mo `. Raintree C Creek J � ��/ �j - -- — i 4o JACKSONVILLE ` 50� Deerfield ; sr4 i t � IIAIMTREERD v Shamrock t Pa � Pil'lage �a' SITE Ra ��'( gLVO DELANEY DR .y P _ ! HOU Lauradale O Cardinal Village - Q ' Lakewood t � h ANTK- 456 FEET IC. M k 1337 GoA K. .�. ' 'a 1308 AuB Pa x AnB �� o .� NOB U� 'N 08 Mk GoA Folk Y •'Mk MBC �� Nob . Ly - ��`•�' Hoff ' + Moon Nob NoA St GoA Crc / r AuB CI No AuB 1 No 1311 1 O n on F0A 'v MaC Ly Ra i PC' Goa AuB Crc �'. 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NC, Engineers • Londscgoe Architects O SOUTHEAST CROSLAND SOUTHEAST Greenville 209 was, s +«e Ave" South Cadina 29609 201 South College St., Suite 1300 864 - 233 -5497 C.!) fax 864- 233 -8915 m �r C RO S LAN D RETAIL BUILDING JACKSOrM1F. ONSIOW COlM1(. NC �AAD and KAl9tulAN. NC, Engineers • Londscgoe Architects SOUTHEAST CROSLAND SOUTHEAST Greenville 209 was, s +«e Ave" South Cadina 29609 201 South College St., Suite 1300 864 - 233 -5497 Charlotte, North Carolina 28244 fax 864- 233 -8915 � EM CA a A � M9 J � D � K7 O /9 N w U J 00 m� 1 I 2 3 I 4 5 I 6 I 7 I 8 9 10 11 12 13 14 15 16 17 18 19 _� i• V l �,t�A yt jj VICNTY MAP (J OT TO SCALE) TOTAL IMPACTS AREA: 0.475 AC. WETLAND AREA, 0.458 AC. STREAM AREA- 0.017 AC. STREAM: 243 LF TEMP. IMPACT: 0.010 AC. WETLAND IMPACT MAP 0 Q � maa�� ��UmN J ffi < • 3 � o W V � cv Z O m 0 D z U � Q � m C) p z C48 Ucn DRAWN BTS BrS DATE 6/26/L3 SCALE PROPOSED PLAN 1 2 3 4 5 A 11AL A PERENNIAL STREAM B CI u■ E F 6 I 7 1 8 _, ev 404 SECONDARY WETLAND WPACT`, 0.076 AC. 9 ,.: TEMPORARY 9yOS� , WETLAND WWACTS 61 \. 0,010 AC. H / // ` PW r / TRIBUTARY / STREAM 0 , �q y / // /s • • • - -a • • I START RPW L (�� ���T �If� O /' �''.`. STREAM RY 404 WET WPACTS I / 0.339 AC. / M J START RPW TRIBUTARY END RPW / TRIBUTARY STREAM TRIBUTARY K STREAM STREAM OTREAM IMPACTS 180 LINEAR FEET STREAM WPACTS I I -- E 0 63 LW-Q FEET Im W 10 11 12 13 14 15 i 1 ' I 1 I I1 I 1 1 I I I 1 1 1 +li y�1�1 1` 1 1 II 1 1 I I 1 1 RETAL TRACT A 1 II I 3.W AC 1 l I I I � I I 1 I 11 1 I I 1 II 1 I I 1 \ I I I I 404 WETLAND, I IMPACTS 2 I 0.043 AC. W ml I i I a Ln II 1 �tzz�l I II I 11 �1 I I IIII II 1 1 I Ali � RETAL TRACT (05 AC I END JURISDICTIONAL I I I I TRIBUTARY DITCH /START i �� I RPW TRIBUTARY STREAM i 1 1 +i`► 1 � d I START JURISDICTI 2 CX-MOT al TRIBUTARY DITCH ArJ � I 1 I 1 S 78'55'43" W 567.21' +�4y111 EKBTW 9314X1 WESTERN BLVD 200' R/W � C N.C.S.R. 1470 16 17 18 19 � SITE/ { VICINITY MAP (JOT TO SCALE) � = 0.475 AC. WETLAPD AREA, OAW AC. STREAM AREA, 0.017 AC. AM: 243 LF �. IMPACT- 0.010 AC. WETLAND IMPACT MAP Q r &2 6�co �:F �2 m�4o h O G 1 N_ oQm _ - b U 0 8 z Z U a � J _ Q O (' O WW cy o DC U U Z r�y 0 Urn ofmis 1381 Old Mill Circle, Suite 200 P.O. Box 24908 Winston Salem, NC 27114.4908 June 26, 2013 Bob Zarzecki Wetlands Department Manager Soil & Environmental Consultants, PA 11010 Raven Ridge Road Raleigh, NC 27614 (919) 846 -5900 Office Phone Love's Food Stores, Inc. Telephone: (336) 659 -0180 Fax: (336) 768 -4702 RE: USACE Permitting for Lowes Food Stores at Gum Branch Road and Western Boulevard in Jacksonville, NC Dear Mr. Zarzecki: As recommended by the U.S. Army Corps of Engineers ( USACE) and N.C. Division of Water Quality (DWQ) during your May 15, 2013 site meeting, we have reviewed several plan options (attached) in an effort to minimize or avoid impacts. I also wanted to take this opportunity to provide some additional background and information regarding the project given your involvement to date has been limited to our environmental permitting. I hope this additional information helps the agencies understand the need for the current site plan and its proposed impacts. PROJECT BACKGROUND & DESIGN REOUIREMENTS: 1. C4 Development LLC (aka Crosland Southeast) as agent for MDI Management Inc. ( Lowes Food Stores) has placed approximately 8.2 acres under contract and will close on the Parcel subject to all necessary permits to construct a Neighborhood Shopping Center on the site. 2. The intended use of the land given the zoning and location at the intersection of Gum Branch Road and Western Boulevard is for commercial development. The City of Jacksonville concurs via planning staff review. 3. The Parcel is planned for a 55,000 SF grocery store, a 4,000 SF restaurant and a small amount for -lease shop space (approx. 5,000 SF). a. Lowes Food Stores does not require additional larger retail tenants to lease space in the same project (co- tenancy requirements) like other junior anchor retail tenants (i.e. TJ Max, Petsmart, Michaels, etc). Therefore, a grocery anchored commercial development will require the least impactful amount of land area for development. b. Lowes Food Stores tries to locate their stores at the intersection of two heavily trafficked roads with automobile counts for average Daily Trips (ADT) greater than 20,000 ADT's. i. The ADT for Western Boulevard is 18,000 ADT's and for Gum Branch south of Western is 20,000 ADT's. c. The City of Jacksonville as well as Lowes Food Stores require 4 parking spaces per 1,000 SF of development at a minimum. i. At approx. 62,500 SF, our proposed development requires 250 parking spaces. ii. Lowes Food Stores also requires the parking to be within 200 feet of their main entry due to high percentage of shoppers with children. SITE PLANS: Alternative Plan #1 This was the original site plan developed for the Project. To date, this plan has not been presented to the USACE or DWQ for review. The plan was our preferred plan given the parking field for the Lowes Foods Store was uninterrupted by the restaurant outparcel at the comer of Gum Branch and Western and our store was as close as possible to the full movement access on Gum Branch shown to the north of our proposed store by approximately 400 feet.. In an effort to minimize impacts to the wetlands and streams on the property, we have moved away from this plan and developed Plan #2, the plan presented to the USACE and DWQ. PROPOSED PLAN This is the revised plan and the one used for determining the impacts currently proposed for the Project. This plan has inadequate parking compared to Plan #1 but was approved by Lowes Food Store given the reduction in impacts to the wetlands. This plan was developed as a means to reduce the amount of overall impact the Project would require through the reduction of building area and thus land area compared to Plan #1, which has an economic impact on the Project. Plan #2 was determined to be acceptable, while not desired, by both Lowes Food Store and C4 Development, LLC. Alternative Plan #2 This plan was developed based on the USACE & DWQ comments during your onsite meeting on May 15''. This plan is unacceptable to Lowes Food Stores for several reasons. First, we project a significant negative impact on the number of customers visiting the store given the lack of visibility of the parking from Gum Branch Road and the safety issue this lack of visibility creates for the shoppers, mostly women with children. Additionally, this plan eliminates the free standing restaurant (shown on Plan #1 and #2 at Western and Gum Branch) which is required for economic reasons, to make the project feasible. Also, our delivery trucks would have significant issues accessing the loading which is now abutting Gum Branch Road which the City of Jacksonville would not approve given loading is to be screened from public roads. Finally, this plan would not significantly reduce the amount of impacts as requested with Plan #2. Alternative Plan #3 This plan was also developed based on the USACE & DWQ comments during your onsite meeting on May 15'' and this plan is also unacceptable to Lowes Food Stores for several reasons. First, as outlined above, Lowes Food Stores requires significant visibility from Gum Branch and Western. The distance of our store from Western and the lack of visibility our store has, given the buildings located adjacent to Western Blvd. as well as the avoided wetland/stream drainage, is extremely problematic. Secondly, the small buildings along Western (assuming they would be part of this project) would be very difficult to lease given their distance from our store. It is critical that shops and restaurants be in close proximity to the main anchor or our store in any Neighborhood Shopping Center to be successful. This layout would subject our company to a distinct competitive disadvantage to the Food Lion on the opposite corner which has complete visibility to the shopper and full going -home access into both main road arterials. The circuitous route required for our customer to navigate to this store location voids all customer convenience which is extremely important to our sustainability and success. Finally, we do not believe we can be successful in this market without putting our "best foot forward" given the competition that currently exists. I greatly appreciate your review of this material and please do not hesitate to contact me or our agent, Crosland Southeast, should you have any questions or comments or need anything else. Si ely, Roger Henderson VP Real Estate i v v v v 1 2 3 4 5 1 6 7 8 1 9 1 10 11 12 1 13 14 15 1 16 1 17 18 1 19 � I 1 ACREAGE SUMMARY N \ \ � s\ r` for O scas E N yTS 1 PARKING DATA I I I 11 � I I I _ - PTRMNIAL 4i ARY STREAM \ tREAU T ttt \ ttt M \ �\ stREAU rAar \\ 11 I •. 0 ' N O O I I m I 1 TENANT ACREAGE PETAL TRACT 9.29 •% MU^nw 711 114 •% 21%VLOI TRACT A zm •I- R2WX TRACT 8 24$7 H- TOTAL 3738 •/- r` for O scas E N yTS 1 PARKING DATA I I I 11 � I I I _ - PTRMNIAL 4i ARY STREAM \ tREAU T ttt \ ttt M \ �\ stREAU rAar \\ 11 I •. 0 ' N O O I I m I 1 TENANT AREA 5P RCS RATIO REOLOW PARKING PA 0149 PROVIDED RATIO FRONDED RETAIL A WACO SA 04DOA000 88 58 40OA000 RETAIL 8 06.043 5P 44JDOAOOO 220 271 492ADOO TOTAL 69A43 SP •4.00A000 278 329 474/1000 • PEOIJ2ED PARKING INCLUDES- ALLOWAB 20t REDUCTION OUE TO 9NOPPNG CENTER SIZE OUTPARCEL PARKNIS DATA TENANT AREA 5P REC4fED RATIO REOLIRED PARR'NNG PARKING PROVIDED RATIO PROVIDED R$AIRANT 3.965 SP I T@ BW R TB1- 49 1236/1000 kL IMPACTS � , 0.689 AC. WETLMD AREAL 0.672 AC. STREAM AREA, 007 AC. .AM I 243 LF WETLAND IMPACT MAP ® acae r o0 Zz :5=: 0p VH 9 N � Q � �g U Q Q 4m oho �c U E Zz :5=: 0p VH 9 0 0 0 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1 18 1 19 ACREAGE SUMMARY oa STR PERD"AL PAQKJ4ry DATA PEREWSAL PERENN AL TENANT AREA SP REOLARED RATIO ACREAGE PETAL TRACT 8.34 -1- RESULIAL TRACT A 2.66 -1- PART" PROVOED RATIO PRONGED RETAL A 4AOD SF' *4j00AO00 19 19 4JDOAOOO PETAL 8 REMJAL TRACT 0 2638 •1- MAP 220 232 42VKX)O -- VKWTY 040T TO SCALE) 04JOOAOOO 239 251 TOTAL 37.38 -,- ON-1- oa STR PERD"AL PAQKJ4ry DATA PEREWSAL PERENN AL TENANT AREA SP REOLARED RATIO RECLARED PARKM PART" PROVOED RATIO PRONGED RETAL A 4AOD SF' *4j00AO00 19 19 4JDOAOOO PETAL 8 55A)43 BF 04JOOAOOO 220 232 42VKX)O TOTAL 59843 SP 04JOOAOOO 239 251 4J9AOOO Op v STKAM STREM -V 6mmT.W� REGLXZW PAROC. NCLWES - ALLOWABE- 202 REDLICTM WE TO SWOPPM C84TER WE 4N VETLAW WAM (ULLLOI on At summm ON-1- sulm It 0- A (D car_— LL TWWAM A. 1 0. .... ow x T4 FtPW STRE,�TARY OD X SIREAM i imi i i q (D 4r Vft"mm Wo =1 ww W-% W70 WETLAND IMPACT MAP — — ------------ ? To SCME r - eW LIJ JB 0 nap 0 Z� OD UR 0) 6mmT.W� 4N VETLAW WAM (ULLLOI on At summm sulm V LWA FEET (D car_— (1) 4D 0 1 0. (D 4r Vft"mm Wo =1 ww W-% W70 WETLAND IMPACT MAP — — ------------ ? To SCME r - eW LIJ JB 0 nap 0 Z� OD UR 0) AI 1 I 2 I 3 ' 4 I 5 I 6 I 7 I 8 I 9 I 10 I 11 I 12 I 13 I 14 I 15 ACREAGE SUMMARY B C N \� � s\ 170'11 � X11 ` oa E • 0 PEREwaAL I STREM y I F GI HI mm JI K L M t \ I 16 17 18 19 VICNITT MAP o V 8 r 04DT TO SCALE) PARKING DATA TENANT ACREAGE RETAL TRACT A 319 ./. RETAL TRACT 0 566 •/. RETAL TRACT C 3.06 •/. REWAL 12ACr A 266 •/- WOOL TRACT 8 2261 •/- TOTAL 3 •% 16 17 18 19 VICNITT MAP o V 8 r 04DT TO SCALE) PARKING DATA TENANT AREA SP REOLXW RAM REQURED PAR104G. PAQKNG RATIO PROVIDED PROVUW RETAIL, A A800 SP 04.004= A 19 4A0A000 RETAL 9 55043 5P m4.00/O00 210 220 4DO1000 RETAL C 15"W SP 04.00A000 61 93 61=00 RETAIL. D 6X= SP 04JOO/OOO 24 24 4:00/000 RETAL E 4850 SP 0400/1000 20 44 9A711000 RETAL P IOA00 SP - 400/1000 40 82 8211000 TOTAL 95,893 SP 6400 11000 384 482 5024000 / • RE4JRED, PAQKW INOUDE$ ALLOWABLE 201 REDUCTION DUE TO 0 0 S OPPNG CENTER SIZE O 0 p I 11 111 \ \ h 0 A. 1 1 1 1 C -I PERQIIOAI 1 ® ° +�1 i i _ 16 p 1 719'•1- - 1 1 o r 1 1 1 � Y \\ . -;�'� �• -v • " � � � � � � - 0.031 AG j O\ O 111 O I1 O // � �/ �' UrfU •� °� 1 �I STU" lr o 0 1 ° 1 II SIRENIIP / 4R � O // ^9•�;•- �. 1 p � ®�jj'� EAAO ® II 7/ UfJIR FgT M .r. . . 1 UnowQlltnTfWM 0 _ s 7BW4r • 567 n• 1 1 1 1 ' N S2 _ ' _ WETLAND IMPACT MAP 1 1 O1 1 scA1e r - qo• �U a0 6 ) Z° �w �y AGE U0 0)) N W C4 R7 Q�g m Q� 5 Z VZ a �m 0 0 rQ �c U RA Z° �w �y AGE U0 0)) FREELAND and KAUFFMAN, INC. June 27, 2013 David E. Bailey Regulatory Specialist US Army Corps of Engineers CE- SAS -RG -L 69 Darlington Avenue Wilmington, NC 28403 -1343 RE: Proposed Lowes Food Shopping Center Dear Mr. Bailey: This letter is being provided to provide justification for the 0.022 acre fidure wetland impact shown on the northern wetland finger of this site. This impact is being necessitated due to the location of the required full access driveway to Gum Branch Road that will serve the entire +/- 37 acre site. We have been in conversation and correspondence with both the North Carolina Department of Transportation ( NCDOT) and the City of Jacksonville (COJ) on an acceptable location for what is anticipated to be the only full movement access from Gum Branch Road to this site. Our initial request was to provide the access point further south of the current location (approximately 1200' from the Western Blvd and Gum Branch Road intersection), thus avoiding an impact to the northern wetland finger. However, NCDOT has approved and is currently designing plans to expand Gum Branch Road to provide dual left turn lanes at its intersection with Western Boulevard. In connection with these improvements and since this intersection is of high traffic volume, NCDOT requires that the access point be located outside of the functional movements of the turn lanes. The preferred location for the access point was a distance of 1500' from the Western Blvd. and Gum Branch Road intersection. The proposed plan depicts the required access at a location of approximately 1385' from the intersection and results in less wetland impact than the location preferred by NCDOT. It is our understanding that NCDOT has agreed to the compromise location of the access point currently shown. This access point also addresses a City of Jacksonville concern of providing the intersection at a point where development on the east side of Gum Branch for a potential residential development could create the fourth leg of this intersection. It is contemplated that the creation of the fourth leg may result in a need for traffic signalization at this location, and provides further justification for maximizing distance from the existing signal at the intersection of Western Boulevard and Gum Branch Road. We believe that the impacts shown have been minimized and the proposed design has resulted in a balance between important natural resource and transportation safety objectives. Sincerely, f d Simmons, PE 209 West Stone Avenue • Greenville. South Carolina 29609 • Telephone 864- 233 -5497 • Fax 864- 23.3 -8915 FREELAND and KAUFFMAN, INC. Enoaes • L qvs 4PE Awerwrs June 28, 2013 David E. Bailey Regulatory Specialist US Army Corps of Engineers CE- SAS -RG -L 69 Darlington Avenue Wilmington, NC 28403 -1343 RE: Proposed Lowes Food Shopping Center Dear Mr. Bailey: As discussed in our meeting on June 21, 2013, we have performed a drainage analysis for the flow to the wetland head area being impacted by the proposed access road for the development. In that meeting, you indicated a concern for additional supplemental impacts due to loss of drainage area upon development of the roadway and outparcels. Attached you will find a drainage analysis exhibit showing the predeveloped and post developed flows to the analysis point ( closely downstream to the limits of impact). The following table summarizes the information shown: At the analysis point, the available flow and contributing area still retains approximately 25% of both characteristics and I believe will continue to provide water to the remaining wetland area. Therefore, supplemental impacts of 0.076 ac have been shown on the application for those areas not being directly impacted but where flow and drainage area have been decreased by more than 75% of the original. Sincerely, d d dL Simmons, PE 209 West 5tone Avenue • Greenville, South Carolina 29609 • Telephone 864- 233 -5497 • Fax 864233 -8915 Area f 0 Vair Flovii Predeveloped 2.65 ac 2.41 cfs Postdeveloped 0.65 ac 0.59 ds At the analysis point, the available flow and contributing area still retains approximately 25% of both characteristics and I believe will continue to provide water to the remaining wetland area. Therefore, supplemental impacts of 0.076 ac have been shown on the application for those areas not being directly impacted but where flow and drainage area have been decreased by more than 75% of the original. Sincerely, d d dL Simmons, PE 209 West 5tone Avenue • Greenville, South Carolina 29609 • Telephone 864- 233 -5497 • Fax 864233 -8915 J . A B I D E F G H J K L M N � © ©0 ©0000 ow IT _Sq ANALYSIS PRINT , % PRE- DEVELOPMENT m ♦ 1 1 / 1 11 \+ 12 1 13 1 1 r ±0.65 AC. 0(10)=0.59 Q =CIA C =0.15 t; _";_. Aiw� ANALYSIS 701NT 1 v 1 15 I 16 1 17 1 18 1 19 SDI \ I , \ 1 1 ` \ 1 � 1 � / 1 Jr I\ \S \ IN a t PRE- DEVELOPMENT m ♦ 1 1 / 1 11 \+ 12 1 13 1 1 r ±0.65 AC. 0(10)=0.59 Q =CIA C =0.15 t; _";_. Aiw� ANALYSIS 701NT 1 v 1 15 I 16 1 17 1 18 1 19 SDI \ I , \ 1 1 ` \ 1 � 1 � / 1 Jr I\ \ l St .5 fit\ /, `` '/' / ' \1 / ' +\ \ \ _♦ ; ^ \/ , r- ,� rr' I - � �- \ 1 \` - ^__/ X11 , ' ` \y' ♦, •`_--_ /' ` -` -..� ham\, ��, - -54 -^ 1♦ r/\ ,''i l i_I /i / , 1" , _ --- cm PRE- DEVELOPMENT m ♦ 1 1 / 1 11 \+ 12 1 13 1 1 r ±0.65 AC. 0(10)=0.59 Q =CIA C =0.15 t; _";_. Aiw� ANALYSIS 701NT 1 v 1 15 I 16 1 17 1 18 1 19 SDI \ I , \ 1 1 ` \ 1 , LM�D�r�, ♦. I' 1 1 ♦ `♦ � � � I "s I'll W POST- DEVELOPMENT r � 1 � / 1 0AW I\ ' l .5 fit\ /, , LM�D�r�, ♦. I' 1 1 ♦ `♦ � � � I "s I'll W POST- DEVELOPMENT r Q \\_ OD NOT LEE FOR aar6tQU.'IDI N Z aim �Q 0 A O 6c U � � 1 � / 1 0AW I\ ' l Q \\_ OD NOT LEE FOR aar6tQU.'IDI N Z aim �Q 0 A O 6c U � ntit!�F It�'NfF rrs: U.S. Fish and Wildlife Service Koenig Commercial (37 -ac) National Wetlands Inventory Jan 17, 2013 Wetlands Site - Freshwater Emergent - Freshwater Forested /Shrub - Estuarine and Marine Deepwater - Estuarine and Marine Freshwater Pond - Lake - Riverine Other Status Digital &jjd Scan Non - Digital No Data 300 m 000 ft This map is for general reference only. The US Fish and Wildlife S-1ce is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should be used in accordance with the layer metadata found on the Wetlands Mapper web site. User Remarks: KOENIG COMMERCIAL • Major Cities Roads — 100yr Flooding - Poodway (AE) 0 3000 Fe et t Benchmarks — NC Highway 10Dyr Flooding - Has BFE's (AE) 4 „R OFIRM Grid —US Highway 100yr Flooding - No BFE's (A) — Rivers and Streams Interstate Highway ® 100yr Flooding - Vebuty Zone • —•— Transacts ( Cosstal) Political Areas - 5ODyr Flooding (Shaded Xi County Boundaries Extraterr@onal Jurisdictions - North Carolina ® coastal Barrier Resource Systems Coastal Sounds ___ Base Fkrotl Elevation (S~) - Cross Sections Floodplain Mapping Program �\ .,'� "^ i • /' "•' mot_ _.' ...,. - � ". S { t u. ' S w .� • � �� � Rid , �� 4. F a ♦ ;E3 sp •., �o gl# I BACHELORS DELIGHT MITIGATION BANK CREDIT RESERVATION LETTER June 25, 2013 TO: Bob Zarredd S&EC 11010 Rover Ridge Road Raleigh, NC 27614 Project: Koenig Commercial — Lowes Foods (SAW-2013-00572) Dear Bob: FROM: Bachelors Delight Mitigation Bank c/o Land Management Group, Inc. 3805 Wrightsville Avenue, Suite 1S Wilmington, NC 28403 Pursuant to your recent credit request, Bachelors Delight Mitigation Bank (BDMB) is providing confirmation of acceptance to supply stream and riparian wetland compensatory mitigation credits for impacts associated with the Koenig Commercial — Lowes Foods Project in the White Oak River Basin (conditional upon receipt of payment as outlined below). Please refer to the table below depicting the type and quantity of credits requested and reserved for your project. Mftigation Type I stream FNon- Riparian Wetland - -- • - -T - Riparian wetland - ` ( - Credits Requested - - i — Credits Reserved + 486 486 -- - -0.9 — - - - -� -- 0.9 _. Note that the BDMB provides wetland credits in 0.10 -acre increments. Based upon receipt of your email and completed credit request form transmitted on June 20 (2013), BDMB has reserved 486 stream credits and 0.9 rioarian wetland credits. These credits are reserved until September 25, 2013 (90 days from the date of this letter). Please contact us should you require additional time for the credit reservation beyond this date. Upon request for receipt of credit transfer, BDMB will issue an invoice In the amount of $237,654.90. Upon receipt of payment, BDMB will provide an executed Transfer of Credit Certificate. Note that all payments must be made with certified funds. It is the applicant's responsibility to ensure that the credit types and amounts requested are consistent with the compensatory mitigation requirements of the permit(s) issued. BDMB and /or its agents are not responsible for determining the applicant's mitigation requirements. If you have any questions or need additional information, please contact me by phone at (910) 452 -0001 or by email at coreziosiOlmaroun.net. Sincerely, Land Management roup, Inc. r ��ti) Chrlstian Prezio Section Manager m Y NC DWQ Stream Identification Form Version 4.11 Date: „ 1, } Project/Site:L„� Latitude: 3l'1�19 '"�✓ Evaluator: County: r),, a., Longitude: _ 77 wlM%/ Total Points: Stream is at feast intermittent Z Stream Determination (circle one) Ephemeral Intermittent Perennial Other tf2 19 or perennial If 2 30• -- ' 2. Sinuosity of channel along thalweg e.g. Quad Name: t ''l. r A. Geomorphology Subtotal -7-=Ej Absent Weak Moderate Strong 1° Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 k `2 0 3. In- channel structure: ex. riffle -pool, step -pool, ripple-pool sequence 0 1 0 3 4. Particle size of stream substrate 0 .5 2 3 3 5. Active /relict floodplain 0 1 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 23 Crayfish 2 3 8. Headcuts A 2 3 9. Grade control 0 0.5 FIT 1.5 10. Natural valley 0 .5 1 .5 11. Second or greater order channel No = 4► Yes = 3 artial ditches are not rated; see dijcussions in manual B. Hydrology (Subtotal = "►� S ) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 05 0 15. Sediment on plants or debris 0 1 1 1.5 16. Organic debris lines or piles 0 .5 02 1.5 17. Soil -based evidence of high water table? i No = 0 es = C. Biology (subtotal= ,,, ) -' 18. Fibrous roots in streambed 3 2 0 19. Rooted upland plants in streambed 0 2 1 0 20. Macrobenthos (note diversity and abundance) 1 2 3 21. Aquatic Mollusks 02 1 2 3 22. Fish 0 1W % f 1.5 23 Crayfish 0 05 1 11 24 Amphibians 0.5 1 1.5 25 Algae 0 .5 1 1.5 26 Wetland plants in stream iriv/ -j !r//.rr/ FACW = 0 75; BL = Other = 0 'perennial streams may also be identified using other methods See p 35 of manual Notes: Al: o C ok-j lofoal on feel 4s i•. AM ,., Moif `o•e►• M MrT- & C/.,A' . -poo) pq.4wCy #/G A, 1 �j .t � �.y.,. � c.'` /• n�s' rft root r41i..- P.- 197 A/ �•G �'l NC WAM Wetland Rating Sheet Accompanies User Manual Version 4.1 Rating Calculator Version 4.1 Wetland Site Name Koenig Commercial / Lowe's Foods Date Spring /Summer 2013 Wetland Type Headwater Forest Assessor Name /Organization B.Zarzecki / S&EC, PA Notes on Field Assessment Form (Y /N) YES Presence of regulatory considerations (Y /N) NO Wetland is intensively managed (YIN) NO Assessment area is located within 50 feet of a natural tributary or other open water (Y /N) YES Assessment area is substantially altered by beaver (Y /N) NO Assessment area experiences overbank flooding during normal rainfall conditions (Y /N) YES Assessment area is on a coastal island (YIN) NO Sub - function Rating Summa Function Sub - function Metrics Rating Hydrology Surface Storage and Retention Condition LOW Sub -Surface Storage and Retention Condition HIGH Water Quality Pathogen Change Condition HIGH Condition/Opportunity HIGH Habitat Opportunity Presence? (Y /N) YES Particulate Change Condition MEDIUM Landscape Patch Structure Condition/Opportunity NA Vegetation Composition Opportunity Presence? (Y /N) NA Soluble Change Condition MEDIUM Condition/Opportunity HIGH Opportunity Presence? (Y /N) YES Physical Change Condition HIGH Hydrology Condition/Opportunity HIGH Water Quality Opportunity Presence? (YIN) YES Pollution Change Condition NA Condition/Opportunity NA Habitat Opportunity Presence? (Y /N) NA Habitat Physical Structure Condition MEDIUM Landscape Patch Structure Condition LOW Vegetation Composition Condition HIGH Function Rating Summa Function Metrics /Notes Rating Hydrology Condition MEDIUM Water Quality Condition HIGH Condition/Opportunity HIGH Opportunity Presence? (Y /N) YES Habitat Conditon MEDIUM Overall Wetland Rating MEDIUM U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW - 2013-00578 County: Onslow U.S.G.S. Quad: Jacksonville North NOTIFICATION OF JURISDICTIONAL DETERNIINATION Property Owner: John Koenig. Inc. Agent: Wetland Soultions. LLC attn: John Koenig attn: Adam Carter Address: 235 Green Street Address: P.O. Box 244 Fayetteville, NC 28301 Bunnlevel. NC 28323 Property description: Size (acres) 37.38 Nearest Town Jacksonville Nearest Waterway UT to New River River Basin White Oak USGS HUC 03030001 Coordinates 34.801449 N - 77.442296 W Location description: The oroaerty is located on the northwest quadrant of the intersection of Gum Branch Road and Western Boulevard. in Jacksonville. Onslow County, North Carolina. Parcel ##: 339 -1931. Indicate Which of the Followins Avoly: A. Preliminary Determination Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWAx33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The waters of the U.S. including wetlands on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 4/16/2013 . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808 -2808 to determine their requirements. Page 1 of 2 ECEIVE - APR 19 213 i191a.W4 or, Sal 610*01uneatal Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Mr. David E. Bailey at (910) 251 -4469 / David.E.Bailev2Ausace.a rLnv.m il. C. Basis For Determination The site exhibits features with Ordinary High Water and wetland criteria as defined in the 1987 Corns Wetland Delineation Manual and applicable Regional Supplements The waters on site include three unnamed tributaries (UTs) to the New River - all Relatively Permanent Waters (RPWs) which flow to the New River - and abutting wetlands This determination Is based on a site visit by David E. Bailey of the U.S. Army Corps of Engineers on 3/12/2013. D. Remarks Wetlands and other Waters of the US on the subject vrq"rtv were delineated by Adam Carter (Wetland Solutions) with changes made in the field by Dave E. Bailey (USACE). - E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room IOM15 Atlanta, Georgia 30303 -8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by June 15, 2013. * *It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence. * * Corps Regulatory Official: %lit.y %dam_ a Date April 16, 2013 Expiration Date April 16.2018 Copy furnished: Joanne Steenhuis , NCDENR -DWQ, 127 Cardinal Drive Extension, Wilmington, NC 28405 J9hn.L..- Piearce & Associates, P.A.,- 09 Johnson Boulevard, Jacksonville, NC 28540 Bob Zarzecki, Soil & Environmental Consultants, PA, 11010 Raven Ridge Road, Raleigh, NC 27614 °< ` 0°m'a1°M�1� ��� ,�1. ' b- ! +'� "Sf / -' /IAA n � M Oft a�I mw `� �� �j�a i N, •z a�soo -�,►� ®�„mm A ter. gm »>i8a>� oe>o 7ISlOM ��w S�OS�I� � ' I •fib WA\. ,YONii A.ilYi03tl n or m or .Md • ' A� 7�¢ ? 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Bailey Regulatory Specialist US Army Corps of Engineers CE- SAW -RG -L 69 Darlington Avenue Wilmington, North Carolina 28403 -1343 RE: Lowes Food Shopping Center Jacksonville North Carolina Dear Mr. Bailey: On behalf of City Council and the citizens of the City of Jacksonville, it is our pleasure to issue this letter of strong support for the potential development of Lowes Food Shopping Center on Gum Branch Road within the corporate limits of the City. The proposed shopping center will bring an important quality of food service to our community. Additionally, it will create 85 to 100 full and/or part-time jobs. The City continues to struggle with economic development and this center is essential for continued progress in improving the economic picture and job creation for our community. From the City standpoint, the center will generate over $60,000 per year in ad valorem taxes, plus it will generate additional money relative to sales tax revenue for the County and our overall community. While we understand there are wetland concerns, the City believes that the good of the community is essential and that this center will provide an important new element towards our overall economic development. Your consideration and cooperation is greatly appreciated. Sincerely Sammy Phillips Mayor Post Office Box 128 + Jacksonville, North Carolina 28541 + (910) 938 -5226 + MD# (910) 455 -8852 + Fax (910) 455 -6761 i ,794 COUNTY OF ONSLOW June 19, 2013 David E. Bailey Regulatory Specialist US Army Corps of Engineers CE- SAW -RG -L 69 Darlington Avenue Wilmington, North Carolina 28403 -1343 RE: Proposed Lowes Food Shopping Center Dear Mr. Bailey: This letter is written to express Onslow County's support of the construction of the proposed Lowes Food Shopping Center. It is my understanding that a group of agencies involved in the planning of this project will meet this Friday, June 21, 2013, to discuss the project's future. It is my hope that this project will continue, as its completion will afford employment opportunities for our citizens, taxes to support our community, and benefits for all. Thank you for your assistance and we look forward to the continuation of this project. Sincerely, Jeffrey L. Hudson County Manager JLH:lst Department of Administration 4024 Richlands Hwy. - Jaeksonvillc, Noah Carolina - 28540 Phonc: (910) 347 -4717 - Fax: (910) 455 -7878 www.onslowcounq gnv .T A Jacksonville - Onslow C H A M B E R OF COMMERCE www.lacksonvilleonline.org June 20, 2012 David E. Bailey Regulatory Specialist US Army Corps of Engineers CE-SAW RG -L 69 Darlington Avenue Wilmington, North Carolina 28403 -1343 Re: Proposed Lowes Food Shopping Center Dear Mr. Bailey, The Jacksonville-Onslow Chamber of Commerce encourages you to move forward with the proposed Lowe's Food Shopping Center project in Jacksonville, NC. This project will result in 85 to 100 full and part-time jobs for our citizens, increase the tax base for the city and Onslow County, and bring a good corporate citizen to our community. It is the hope of the Chamber that any obstacles regarding this project will be addressed swiftly, and there will be no more delays to hinder the completion of the Lowes Food Shopping Center. Regards, Laurette Leagon, President Jacksonville-Onslow Chamber of Commerce 1099 GUM BRANCH ROAD JACKSONVILLE, NC 28541 -0765 (910) 347 -3141 Fax: (910) 347 -4705 1� • ��o JACKSONVILLE, OVSLOW ECONOMIC DEVELOPMENT June 20, 2013 Mr. David E. Bailey, Regulatory Specialist US Army Corps of Engineers CE- SAW -RG -L 69 Darlington Avenue Wilmington, North Carolina 28403 -1343 RE: Proposed Lowes Food Shopping Center Dear Mr. Bailey: The Jacksonville Onslow Economic Development office strongly supports the development of the proposed Lowes Food Shopping Center in Jacksonville, NC. In a community our size, the 85 to 100 jobs Lowes Foods will generate will be significant for our job seekers. Many of those will be military dependents, where a dual income is necessary to maintain a reasonable standard of living. Additionally, our market lacks a high -end grocery store. This has been a negative force in the recruiting of new business and industry as well as medical professionals considering relocating to our community. Please do not hesitate to contact our office if we can assist in expediting this project. Sincerely, Sheila Pierce, CCIM Executive Director 1099 Gum Branch Road 1 Jacksonville, NC 28540 1 (910) 347 -3141 ext 230 1 (910) 347 -2842 fax 1 www onslowedc.com SOIL & ENVIRONMENTAL CONSULTANTS, PA 24797 & Iagl oO Yben�9 Lmrlw rod �tN AppI i c&bin $ ,510.OG * n q qa,. In 4 SOIL & ENVIRONMENTAL CONSULTANTS, PA 11010 RAVEN RIDGE ROAD RALEIGH, NC 27614 (919) 846 -5900 1AX: 1919) 846-9467 Lvae l Five- Our d red Stvtnl� QnA i PAY J c te-,- L)Ual l' TO THE N.G. DIV1SIOn ORDER OF 24797 i CAPITAL BANK 12217 CAPITAL BLVD. NUMBER WAKE FOREST, NC 27687 63. 11761670 F )D/jt)C � [ 8 AMOUhrr DATE �fa[b 1c DL3 T cjgo. m f • JRCGy! IJP� (