HomeMy WebLinkAbout20150023 Ver 2_401 Application_20150215PARKER & ASSOCIATES, INC.
Consulting Engineers - Land Surveyors - Land Planners
306 New Bridge Street • P O Box 976
Jacksonville, NC 28541 -0976
910455 -2414 • Fax. 910- 455 -3441
Firm License Number F -0108
LETTER OF TRANSMITTAL
TO: Ms. Jennifer Burdette
NCDENR - 401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
WE ARE SENDING YOU:
DATE: February 19, 2015
REF: Marine Chevrolet Addition
Water Quality Certification
(Wetlands Permit - DWQ)
Five (5) copies of the following: Wetlands Pre - Construction Notification Form, PCN Impact Narrative,
Bachelors Delight Mitigation Bank- Credit Reservation Letter, Jurisdiction Determination dated 1/16/15,
and Impact Maps (Sheets 1 & 2 of 2) and One (1) Check No. 35535 in the amount of $570.00.
DELIVERY VIA:
❑x Regular Mail ❑ Hand
❑ UPS Overnight ❑ UPS Ground
THESE ARE TRANSMITTED AS CHECKED BELOW:
0 For Approval ❑ As Requested
❑ For Your Use ❑ For Bids Due
❑ Other
COMMENTS:
❑ Federal Express
❑ Other
❑ For Review and Comment
Jennifer, as an update to our mitigation status, please note that payment has been submitted to the Bachelors Delight
Mitigation Bank for the entire amount of credits reserved.
Jonathan L. McDaniel, P.E.
Copies To: Mr Michael Alford - Marine Chevrolet (LOT only)
JLM/bab Ms. Pat Donovan -Potts - COJ (email of LOT only)
Ms. Joanne Steenhuis - DWQ (email of LOT only)
CF (P), LAM
cl JLM LOT Burdette MarmeChevrolet WaterQuahtyCert 2 19 15
(if enclosures are not as noted, kindly notify us at once)
EMAIL ADDRESS: TEXT MESSAGES TO: paitextQMzec.rr.com MAPS AND PLANS TO: paidraft(a bizec.rr.com
• ENVIRONMENTAL ENGINEERING • STORMWATER, WATER & WASTEWATER SYSTEMS
• FEASIBILITY & DEVELOPMENT CONSULTING • GLOBAL POSITIONING SURVEYS • SUBDIVISION & CONSTRUCTION PLANS
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Page 1 of 10
PCN Form — Version 1 4 January 2009
Pre- Construction Notification (PCN) For ;l
A.
Applicant Information
1.
Processing
la
Type(s) of approval sought from the Corps
❑X 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?
❑X Yes ❑ No
1 d
Type(s) of approval sought from the DWQ (check all that apply)
❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1e
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 9 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 1 h
below
0 Yes ❑ No
1h Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a
Name of project
Marine Chevrolet Addition
2b
County
Onslow
2c
Nearest municipality / town
Jacksonville
2d
Subdivision name
N/A
2e
NCDOT only, T I P or state project no
3.
Owner Information
3a
Name(s) on Recorded Deed
Southern Crescent, LLC
3b
Deed Book and Page No
Deed Book 4202, Page 748
3c
Responsible Party (for LLC if
applicable)
Michael K Alford, Manager
3d
Street address
1408 Western Boulevard
3e
City, state, zip
Jacksonville, NC 28546
3f
Telephone no
(910) 455 -2121
3g
Fax no
3h
Email address
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
Jonathan L McDaniel, PE
5b
Business name
(if applicable)
Parker & Associates, Inc
5c
Street address
306 New Bridge Street
5d
City, state, zip
Jacksonville, NC 28540
5e
Telephone no
(910) 455 -2414
5f
Fax no
(910) 455 -3441
5g
Email address
paitext @bizec rr corn
Page 2 of 10
B.
Project Information and Prior Project History
1.
Property Identification
1a
Property Identification no (tax PIN or parcel ID)
159534
lb
Site coordinates (in decimal degrees)
I Latitude 34 790131 Longitude -77 40145
1c
Property size
201 acres
2.
Surface Waters
2a
Name of nearest body of water to proposed project
UT to Mill Creek
2b
Water Quality Classification of nearest receiving water
SC, NSW
2c
River basin
White Oak
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
Site is being developed for an expansion to an existing car dealership, and is adjacent to other commercial properties and the Jacksonville Commons
Richard Ray All American Park
3b
List the total estimated acreage of all existing wetlands on the property 0
3c
List the total estimated linear feet of all existing streams (Intermittent and perennial) on the property 302
3d Explain the purpose of the proposed project
See Narrative
3e Describe the overall project in detail, Including the type of equipment to be used
See Narrative
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?
0 Yes ❑ No ❑ Unknown
Comments
4b
If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ❑X Final
4c
If yes, who delineated the jurisdictional areas?
Name (if known) Brad Shaver / NCDENR
Agency /Consultant Company
Other Pittman Soil Consulting
4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
1/16/15, Action ID SAW- 2015- 00119, NCDENR Stream Call 12/2/14
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 El Unknown
5b
If yes, explain in detail according to "help file" instructions
6.
Future Project Plans
6a
Is this a phased project?
❑ Yes ❑X No
6b
If yes, explain
Page 3 of 10
PCN Form — Version 1 4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1a Which sections were completed below for your project (check all that apply)
❑ Wetlands ❑X Streams —tributaries ❑ Buffers ❑X 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
Wetland impact
number
Permanent (P) or
Tem ora
2b
Type of impact
2c
Type of wetland
2d
Forested
2e
Type of Jurisdiction
Corps (404,10) or
DWQ (401, other)
2f
Area of
impact
(acres)
W1
Choose one
Choose one
Yes /No
-
W2
Choose one
Choose one
Yes /No
W3
Choose one
Choose one
Yes /No
W4
Choose one
Choose one
Yes /No
W5
Choose one
Choose one
Yes /No
W6
Choose one
Choose one
Yes /No
2g Total Wetland Impacts:
2h Comments
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
Stream impact
number
Permanent (P) or
Temporary (T)
3b
Type of impact
3c
Stream name
3d
Perennial (PER) or
intermittent (INT)?
3e
Type of
Jurisdiction
3f
Average
stream
width
(feet)
3g
Impact
length
(linear
feet)
S1 P
Culvert
UT to Mill Creek
INT
Corps
3
297
S2
Choose one
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h Total stream and tributary impacts
297
31 Comments
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 indivii ually list all open water impacts below
4a
Open water
Impact number
Permanent (P) or
Temporary T
4b
Name of waterbody
(If applicable)
4c
Type of Impact
4d
Waterbody
type
4e
Area of impact (acres)
01 P
Unnamed Tributary to Mill Creek
Drainage
Other
0 004
02
Choose one
Choose
03 -
Choose one
Choose
04
Choose one
Choose
4f Total open water impacts
0 004
4g Comments 190 LF of open water tributary with 12" average width (from intermittent stream to Gateway South culvert)
S. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below
5a
Pond ID 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
51 Expected pond surface area (acres)
5j Size of pond watershed (acres)
5k Method of construction
6. Buffer Impacts (for DWQ)
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:
61 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 Narrative
1b Specifically describe measures taken to avoid or minimize the proposed Impacts through construction techniques
The stream fill area will utilize appropriate erosion control measures, and drainage rerouting will be scheduled with weather to provide minimal impacts
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?
❑X Yes ❑ No
2b
If yes, mitigation is required by (check all that apply)
❑ DWQ ❑X Corps
2c
If yes, which mitigation option will be used for this
project?
Mitigation bank
Payment to In -lieu fee program
❑ ram
y p g
❑ 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 Stream
Type Choose one
Type Choose one
Quantity 297
Quantity
Quantity
See Narrative
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
4h
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 (State 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
15
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
la
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X 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 Mana ement Plan
2a
What is the overall percent imperviousness of this project?
85
2b
Does this project require a Stormwater Management Plan?
® 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
A City of Jacksonville stormwater permit will be required for this site
2e
Who will be responsible for the review of the Stormwater Management Plan?
3.
Certified Local Government Stormwater Review
3a
In which local government's jurisdiction is this project?
M Phase II
❑ NSW
3b
Which of the following locally - implemented stormwater management programs
❑ USMP
apply (check all that apply)
❑ Water Supply Watershed
❑ Other
3c
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HOW
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?
5.
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 8of10
PCN Form — Version 14 January 2009
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1a
Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes
No
use of public (federal /state) land?
lb
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
❑ Yes
❑ No
letter )
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
❑ No
or Riparian Buffer Rules (15A NCAC 2B 0200)?
2b
Is this an after - the -fact permit application?
El Yes
❑X 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
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
Wastewater from the protect will be collected in the gravity sewer system that is ultimately treated at the treatment facility owned
by the City of
Jacksonville
Page 9 of 10
PCN Form — Version 14 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 ❑X No
habitat?
5b Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ❑X No
impacts?
5c If yes, indicate the USFWS Field Office you have contacted
-
5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
USFWS endangered species in Onslow County, NC
NC Natural Heritage Program Online Database Search (1/30/15)
6. Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA South Atlantic Fishery Management Council's Internet Arc GIS Viewer
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 ❑X 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 State Historic Preservation Office GIS Mapping Application
8. Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA - designated 100 -year floodplain?
❑ Yes ❑X No
8b If yes, explain how project meets FEMA requirements
8c What source(s) did you use to make the floodplain determination?
FEMA CID 370178 Panels 4378J and 4388J (City of Jacksonville)
Michael K Alford
1-v
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
/Agent's
signature is valid only if an authorization
letter from the applicant is provided
Page 10 of 10
MARINE CHEVROLET ADDITION
PCN Impact Narrative
Project Description (B. 3d and 3e)
Marine Chevrolet of Jacksonville has proposed an expansion to their existing site located at the
northwest corner of Gateway South and Western Boulevard in the City limits of Jacksonville. The site
expansion is necessary for the growing business, and is proposed on a 2 acre tract located north and
adjacent to the existing site. This 2 acre tract has already been purchased by Marine Chevrolet from
the City of Jacksonville for the sole purpose of doing a site expansion. Negotiations for the purchase
of the tract between the City of Jacksonville and Marine Chevrolet followed a meticulous and
statutorial process, and then used an appraisal of the raw land with development costs for land
improvements necessary to the project scope.
The existing conditions of the 2 acre parcel consist of partially wooded, low rolling topography with
three drainage features that converge to a common tributary that then flows through the center of the
property. The complexity of the existing drainage was a key factor in the purchase price of the land.
The land value from the appraisal was offset by costs associated with rerouting the existing drainage
and filling the low topography to match existing Marine Chevrolet site conditions. Parker &
Associates assisted this process with civil engineering due diligence work and evaluations. As part of
this work, the existing drainage ditches were evaluated by Pittman Soil Consulting for environmental
significance. It was at this time that the primary ditch was considered only a tributary, as a previous
stream determination had identified the end of stream quality classifications downslope of the 2 acre
tract. The land was then purchased based on these findings, only to have the majority of the tributary
be designated as an intermittent stream a few months later.
Marine Chevrolet has engaged Parker & Associates to perform professional services to rezone the
property, design the project, and obtain all necessary permits for construction. Plans for the
development include rerouting the majority of existing site drainage by piping, and filling the low
topography to match the visual esthetic of Gateway South and the existing Marine Chevrolet site. The
new project will provide stormwater treatment via a wet detention basin BMP located on the adjacent
City of Jacksonville property. The project site will be graded and paved for additional parking and
vehicle sales display, and will provide two additional building sites. One building is planned with the
parking addition (but located on the existing site), and the other will only have a soil pad installed at
this time. The existing intermittent stream and tributary in the middle of the site will be rerouted with
reinforced concrete drainage pipe. The pipe will be installed in roughly the same alignment as the
existing stream, and concrete junction manholes with preformed inlets will be used where the pipe has
bends in the alignment. Standard earthwork machinery such as excavators (track hoes), bull dozers,
and back hoes will be used to reroute the drainage and to grade the project site.
Justification (D. la)
Marine Chevrolet is an automobile dealership that is one of the oldest, continuous, family operated
businesses in the Jacksonville and Onslow County community. The business has operated for nearly 80
years and is now in its third generation of family ownership. Its continued success warranted its
relocation and construction of a new dealership at the corner of Western Blvd and Gateway South in
the mid 1990's, moving to the new growth area of the City. It was thought that the space acquired at
that time would provide for growth for many years. Its success however, and the need to compete with
other automobile dealerships in the recent few years, dictated that it would need additional space.
Culminating late in 2013, after evaluating alternatives including a complete site relocation
(construction of a new multimillion dollar complex and leaving an established dealership site in the
hottest commercial zone of the city would be a mistake) or purchasing detached property for temporary
staging and storage, the idea of possible acquisition of adjoining City property was offered. This idea
was initially considered novel in that the adjoining property was a part of the Jacksonville Commons
and more importantly the Richard Ray All American Park. The expectation was that the City may
immediately dismiss as totally unacceptable any idea of intrusion into this area.
The Jacksonville Commons is a highly prized project of the City of Jacksonville. Comprising nearly
300 acres, the Commons is a joint effort between Onslow County, the Onslow School System and the
City of Jacksonville with its initial founding supported by a local developer. The Commons includes a
uniquely designed 3 school complex, the emergency communications center, a major fire station, a
skate board park, baseball and softball fields, a tennis complex, the City's flagship indoor recreation
complex -- and the Richard Ray All American Park.
Richard Ray was a highly respected local business man and community benefactor who died suddenly
in a boating accident in 1996 Through private and public funding a special portion of Jacksonville
Commons was identified and developed in his honor and includes such elements as the Walk of the
States, an area with walkways outlining the States of the Union. A particularly highly used portion of
the park is a small children play area complex located behind Marine Chevrolet.
In preparation to approaching the City regarding purchasing a portion of the Richard Ray All
American Park, it was recognized that such a proposal would be highly scrutinized, if considered at all.
Possible considerations were that the intrusion into the park area would have to be minimized to the
greatest extent practical, substantial buffering would be required, impact to the visualization of the
curvilinear alignment of Gateway South would have to be carefully evaluated, and that the public may
be highly opposed to any business intrusion into what is considered by many as the most attractive area
of the City. Further, the impact to the kids park area would be carefully scrutinized. (In fact, a
prominent and vocal council member who initially voted to sell the property later voted against the
zoning to allow Marine Chevrolet to use the tract, citing concerns with the relationship to the small
children complex.)
As expected, these factors were immediately obvious in initially presenting the concept to City
management. Further, the City Manager required that prior to even discussing the idea with City
Council that the widow and family of Richard Ray be consulted and not only be not opposed to the
concept but, at a minimum, generally supportive. This required initial conceptual plans be prepared
and meetings with Richard Ray's widow. After gaining the Ray family support, negotiations for the
tract limits ensued but only following an initial site evaluation by the wetlands consultant during which
it was reported that the stream determination had been previously made with the end of stream
classification being located downslope of the Marine Chevrolet property and that no wetlands existed
on or in the proposed purchase area.
Negotiations with the City followed with the strict objective of limiting the total land area, road
frontage and intrusion into the Richard Ray All American Park to the greatest extent practicable. After
a number of working sessions the currently proposed site was agreed upon as the maximum allowable
intrusion down Gateway South, the maximum land area and considering that the City would not allow
more land area to be acquired, the City agreed that buffering and the needed stormwater treatment
pond could be placed on City retained property. This would allow maximum utilization of every bit of
the purchase area without having to lose precious space to these two required elements. It is important
to note that the zoning buffers are required at 30 feet in width along the entire Park property line and
that the stormwater device could cover over one half acre of space. In return the City would require
that the stormwater pond be constructed in such a manner that it would form an additional amenity for
the Richard Ray All American Park and ultimately provide the backdrop for an amphitheater that the
City had been considering for some time. Thus the stormwater space could be used by the commercial
enterprise without the commercial enterprise actually having to give up its own space. All of the two
acres purchased was needed for the development expansion. City Council agreed to move forward with
the statutory requirements for advertizing, MAI appraisal, final contract negotiating and finally the
closing.
The Marine Chevrolet business is strong, and employs over 100 people. Its need for land to grow can
be evidenced by driving through its display and parking areas where on a routine basis it can be
difficult to maneuver due to cars parked in the drive aisles from lack of space It has no other location
to grow. In considering alternatives prior to approaching the City, the possibility of building over its
existing stormwater pond was also studied but eliminated due to sheer cost and a recognition that the
amount of land that could be gained was minimal. Property across Gateway South was considered but
the possibility was discarded due to safety concerns of being detached from and across a major City
roadway, cost and other site limitations.
As stated, the subject site is the maximum that would be allowed to be sold by the City, smaller than
desired, with the parking, vehicle sales display and building space available not yielding that which
was desired. After it was found that the State would identify the ditch as a stream it was recognized
that the 50 foot buffers, if the stream was preserved, would essentially eliminate the usability of the
site. With the tributary nearly centered in and dissecting the heart of the property a 100 foot buffer
corridor would leave only narrow bands on each side in only a portion of the tract, which would be
nearly impossible to use - on a site with an initial appraised value of $660,000. Similarly, the
preservation of any portion of the stream, even short segments, would prohibit the use within the buffer
area and create large blocks of unusable space. In considering the preservation of linear strips of
display areas that could possibly be disconnected from the surrounding pavement by the construction
of retaining walls on all four sides of the stream bank, the buffers still essentially eliminate the
usability of most of the surrounding land. Bridging and preservation of portions of the stream would
result in the same effect. Further, the high cost of the design and physical construction of the retaining
walls or bridges would be prohibitively expensive. During the negotiations of the purchase, it was
recognized that piping the ditch would be costly and the City allowed the purchase price to be reduced
by the estimated cost of this construction, since the initial appraisal was based on usable land in
comparison to the other commercial properties in the area. No cost consideration was given for the
unexpected, future possibility of mitigating a stream and buffers.
As part of the initial due diligence work for the purchase, a site layout was configured based on Marine
Chevrolet's desire for how to use their 2 acre addition. Barely any consideration was given to the
stream alignment (then tributary ditch) and drainage pipe configuration other than what was necessary
to simply reroute the drainage. The owner's desire was to place both new buildings on the new
property. This required the drainage pipes to reroute the tributary with a skewed alignment from its
existing condition. In response to the stream designation and necessary impact, avoidance and
minimization efforts have been taken with regards to the site layout. The location of the larger
building to be built with the project has since been moved to inside the existing site. Though this will
result in a more congested layout than what was originally desired with the purchase, impact to the
natural drainage alignment will be minimized. The concrete pipes to reroute the tributary's drainage
will now be located more within the existing alignment of the stream bed. A "French Drain" will also
be installed along the alignment of the concrete pipes to allow groundwater to,flow in the same stream
bed location as it has in the past.
Pursuant to the above it is respectfully submitted that in order to reasonably, practically, economically
and feasibly use the property, the entirety of the tributary needs to be piped, filled, and relocated in
such a manner that all of the surface area above it can be utilized. With an approval to do so it is hoped
that the business will be allowed to continue and prosper.
Mitigation (D. 3c)
To compensate for the permanent impacts proposed, a lump sum payment will be made into the nearby
Bachelors Delight Mitigation Bank. The owner has reserved to purchase credits (see attached letter)
for 297 LF of stream for a total of $113,157. These credits are proposed at a 1:1 ratio based on the
quality of the tributary being impacted.
The impact at this location is at the uppermost reach of an unnamed tributary that drains to Mill Creek.
As previously mentioned, the intermittent stream classification of the tributary ends within the
property. In addition, the tributary does not turn into a blue line stream on the USGS map until
approximately a quarter mile downslope of the project. Evaluations done by Pittman Soil Consulting
also identified spoil piles adjacent to the tributary indicating that it has a combination of natural and
man-made features. Because of these characteristics, a 1:1 mitigation fee is fare compensation for the
proposed permanent impacts. This fee is on top of the many other expenses the owner will face in
order to do the construction associated with development of the site.
C1 JWP MarineChevroletPCN Narrative 2 18 15
i
BACHELORS DELIGHT MITIGATION BANK
CREDIT RESERVATION LETTER
February 19, 2015
TO: Jonathan McDaniel
Parker & Associates, Inc.
306 New Bridge Street
Jacksonville, NC 28541
Project: Marine Chevrolet Addition
Dear Jonathan:
FROM: Bachelors Delight Mitigation Bank
c/o Land Management Group, Inc.
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403
Pursuant to your recent credit request and the execution of the Credit Purchase Agreement (Agreement) by
Southern Crescent LLC, Bachelors Delight Mitigation Bank (BDMB) is providing confirmation of acceptance
to supply stream compensatory mitigation credits for impacts associated with the Marine Chevrolet
Addition project located in Onslow County, North Carolina (Cataloging Unit 03030001). This acceptance is
conditional upon receipt of payment as outlined in the signed Agreement. Please refer to the table below
depicting the type and quantity of credits requested and reserved for your project.
Mitigation Type
Stream
Non- Riparian Wetland I
Riparian Wetland
Credits Requested Credits Reserved
297 j 297 ?
0 0
Note that the BDMB provides wetland credits in 0.1 -acre increments. Based upon receipt of your email and
executed Agreement transmitted on February 19, 2015, BDMB has reserved 297 stream credits. These
credits are reserved for a period of 30 days after permit issuance. Please contact us should you require
additional time for the credit reservation beyond this date.
Upon issuance of permit, please provide the associated credit transfer form. Conditional upon receipt of
payment, BDMB will provide an executed Transfer of Credit Certificate to the Permittee and /or its Agent.
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 cpreziosi @lmsroup net.
Sincerely,
Bach rs Deiigfit Mi " ation Bank
l Y1.
f ld�r
Christian Preziosi
Agent for Bachelors Delight Mitigation Bank
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW- 2015 -00119 County: Onslow U.S.G S. Quad NC- JACKSONVILLE NORTH
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Southern Crescent LLC Agent: Pittman Soil Consulting
,.attn:sMikerAlford-,, - -, attn: Haywood Pittman
Address: 1408 Western Blvd 1073 -1 Gregory Fork Road
Jacksonville, NC 28546 Richlands, NC 28574
Email: pittmansoilna.vahoo.com
Size (acres) 2 Nearest Town Jacksonville
Nearest Waterway Mill Creek River Basin New. North Carolina.
USGS HUC 3030001 Coordinates Latitude- 34.7901058915808
Longitude. - 77.4015126195685
Location description The 2 acre tract is located off Gateway South Drive in Jacksonville. Onslow County.
Indicate Which of the Following Apply:
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). If you wish, you may request
an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide
new information for further consideration by the Corps to reevaluate the JD.
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 (CWA)(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
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.
X The waters of the U.S. including wetlands on your project area 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
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 . 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 project area 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
Page 1 of 2
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
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 Brad Shaver at 910 - 251 -4611 or
Brad.E.ShaverAusace.army.mil.
C. Basis For Determination: The site possess an ordinary high water mark ultimately drains to Mill Creek
which empties into the New River, a navigable water of the US.
D. Remarks: The site was verified with Haywood Pittman on 1/6/2015. The site is situated in a valley position, has
an ordinary high water mark as evidenced by impressions on the bank and the absence of terrestrial moss growth, and
contains geo- morphological characteristics consistent with an intermittent channel.
E. Attention USDA Program Participants
This del meation/determination has been conducted to identify the limits of Corps' Clean Water Act,lurisdiction 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 ('Phis 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 1OM15
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 Division 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 3/16/2015
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence ** SHAVER.BRAD.E. 127660175 ° 19 ""'Y"9"`""s'AVE&BRAME1:'66° „'6
oudJbA, ..SHAVER M D E1276601756
Corps Regulatory Official- 6 Date 70,50„615'/B„-0SbB �4r
Date. January 16, 2015 Expiration Date January 16, 2020
The Wilmington District is committed to providing the highest level of support to the public To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
littr).HregLIlatory.tisacesurvev.com/.
Copy furnished (email distribution)
NCDENR -DWR attn Joanne Steenhuis, joanne steenhuis@ncdenr.gov
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FEB 2 3 2015
EXISTING MARINE CHEVROLET SITE
CAP0
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37928 c 2 ! 7 l5 GINS
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Overall Impact Map - Sheet 1 of 2
Legend:
Ac - Acreage
ex - existing
• JB - Junction Box
LF - Linear Feet
N C 5 R - NC Secondary Road
RCP - Reinforced Concrete Pipe
R/W - Right -of -way
TD #1- Temporary Dam
Notes:
1t°
VICINITY SKETCH
NOT TO SCALE
1 Work to reroute the existing drainage shall be done during periods of dry weather
2 Stream Impact. initial disturbance of this area shall be limited to the upslope area
(on either side) minimally needed to allow construction equipment to prepare
for the installation of the drainage Due consideration shall be given to impending
inclement weather conditions that may adversely affect the completion of the
drainage in the shortest time practicable Grubbing or land disturbance of the
subject area shall not be performed until the culverts, backf ill material, erosion and
sediment control materials or devices sufficient to substantially complete the
construction and stabilization of the drainage are staged or stockpiled at the location
3 Drainage work shall be completed in the minimum time necessary
���•�Pt�
Construction Sequence.
4 No construction of the drainage for the stream impact shall commence until all
materials needed for the impact are staged on site, and the temporary dams are
installed to impede flows
5 Establish clearing limits per approved plans Clear and grub impact area as needed
Immediately install the temporary dams upslope of the stream impact and to the
east side of the existing 24" RCP Temporary seed and mulch disturbed area Do not
clear or disturb any unpermitted areas
6 Install drainage Fill, compact and finish grade area
7 Install permanent ground cover (sod) on slopes near the headwall and 42" RCP outlet
8 Install silt fence at toe of fill slope and as needed to prevent erosion
9 See the construction plans for additional details
10 See wetlands permit for additional requirements
PARJACE R & AS- 30 CIA TES INC
CONSULTING ENGINEERS LAND SURVEYORS LAND PLANNERS
Project.
Owners.
Rev 02/17/15 JLM - move Bldg, revise pipes and Crib Tables
Parker & Associates, Inc.
MARINE CHEVROLET ADDITION
Southern Crescent, LLC
bate* 02111115
Scale: 1"=60'
Consulting Engineers — Land Surveyors — Land Planners
P.O. Bog 978 — 28541 -0978
GATEWAY DRIVE SOUTH
Field book: Jax Commons #4A, Pg 6 -13
File Name, MARINE CHEVY- Impact Maps dwg
308 New Bridge Street — 28540
Jacksonville, North Carolina
(!D
1408 Western Boulevard
Disk Name. Acad 2526
Phone (910) 455 -2414 — Fax (910) 455 -3441
White Oak Twp , Onslow Co, North Carolina
Jacksonville, North Carolina 28546
Drawn. ELB
Firm License Number: F -0108
Legend:
Ac - Acreage
C- Centerline
elev - Elevation
ex -existing
PP —561 - existing spat elevation
Inv - Invert
JB'- Junction Box
N C 5 R - NC Secondary Road
RCP - Remforced'Concrete Pipe
R/W - Right -of -way
Install Silt Fence
After Outlet Pipe
Impact 5' Installed,and Sod
297 LF of Stream
Impact with,Mrtigation
x p / 'rr1
�s
a
45
CL Stream 40
at property line
felev, 36.90
35
�Aya
i
r-
'x4577-
Note. J8#1 and JB #2 to have.12" drop
to dissipate energy
JB#1
Top 441
0 004 Acre
j� — — -43 _ — �, Open Wat_er'Impact
\ -43 / // L --42 --
_41—
V Aa3 /
\ \
��
�. "r3— A
� —;4
Plan View
Scale: 1" =40'
JB#2 7
Top 45 0
Install Temporary
4' Earthen Dam
with Stone Face
Ah
ex my 412 \ \I \ •�
Nk
End of Str
and Mitigation
I
_
F niched Grade
�l
i ished Grade
AS
270 LF 36" R CP @.0'5%
ex._trvbutary
i!
a
x180 LF' 36" RCP'@ 0 3% —
l
l__LStrenm
- -_ —
prox
slop • ��
�s
a
45
CL Stream 40
at property line
felev, 36.90
35
�Aya
i
r-
'x4577-
Note. J8#1 and JB #2 to have.12" drop
to dissipate energy
JB#1
Top 441
0 004 Acre
j� — — -43 _ — �, Open Wat_er'Impact
\ -43 / // L --42 --
_41—
V Aa3 /
\ \
��
�. "r3— A
� —;4
Plan View
Scale: 1" =40'
JB#2 7
Top 45 0
Install Temporary
4' Earthen Dam
with Stone Face
Ah
ex my 412 \ \I \ •�
Nk
End of Str
and Mitigation
0+00
Headwall 16 LF 42"
Inv. Out 36.0 RCP @ 0 3%
(12" Below Stream)
0 +50 - 1+00 1 +50 2+00 2 +50 3+00
Inv In 37.04
Inv Out 3604 Profile View
Scale: Harz a"_ =40'
Vert. r =4'
Stream Impact - Sheet 2 of 2
Project.
MARINE CHEVROLET ADDITION
GATEWAY DRIVE SOUTH
White Oak Twp., Onslow Co., North Carolina
Owners:
Southern Crescent, LLC
1408 Western Boulevard
Jacksonville, North Carolina 28546
Install Temporary)
4' Earthen Dam
with Stone Face,
?.N1 r —P
zn
45
40
(LInv 40 0
Dro Inv 410
oli
�N CAq
35
Fssio4;��y9
3 +50 4+00 4 +50 5+00
..
� 37928
0 % 2.�. 1
��GN7E/.E1 Qr
,
41V L M G
Rev 2/17/15 JJL - Revised pipes and JB's
Date: 02/11/15 parker & Assoc=iates, Inc.
Scale: I"=40' Consulting Engineers — Land Surveyors — Land Planners ping Norm
Field book. Jax Commons#4A, Pg 6 -13 P.O. Box 976 28541 =0978
File Name. MARINE CHEVYa Impact Maps.dwg 306 New Bridge Street _ 28540
Disk Name- Acad,2526 Jacksonville, North Carolina
Drawn: ELB Phone (9101 455 -2414 — Fax: (9101 455 -3441
Firm License Number: F -0108
I
_
F niched Grade
�l
i ished Grade
270 LF 36" R CP @.0'5%
ex._trvbutary
i!
x180 LF' 36" RCP'@ 0 3% —
l
l__LStrenm
- -_ —
prox
slop • ��
— —
—
0.004 Acre
Open Water Impact
—
— -
Inv. In
Inv Out'37
297 LF
3858 Stream Impact
58
End' of
and Mitigation
Stream
0+00
Headwall 16 LF 42"
Inv. Out 36.0 RCP @ 0 3%
(12" Below Stream)
0 +50 - 1+00 1 +50 2+00 2 +50 3+00
Inv In 37.04
Inv Out 3604 Profile View
Scale: Harz a"_ =40'
Vert. r =4'
Stream Impact - Sheet 2 of 2
Project.
MARINE CHEVROLET ADDITION
GATEWAY DRIVE SOUTH
White Oak Twp., Onslow Co., North Carolina
Owners:
Southern Crescent, LLC
1408 Western Boulevard
Jacksonville, North Carolina 28546
Install Temporary)
4' Earthen Dam
with Stone Face,
?.N1 r —P
zn
45
40
(LInv 40 0
Dro Inv 410
oli
�N CAq
35
Fssio4;��y9
3 +50 4+00 4 +50 5+00
..
� 37928
0 % 2.�. 1
��GN7E/.E1 Qr
,
41V L M G
Rev 2/17/15 JJL - Revised pipes and JB's
Date: 02/11/15 parker & Assoc=iates, Inc.
Scale: I"=40' Consulting Engineers — Land Surveyors — Land Planners ping Norm
Field book. Jax Commons#4A, Pg 6 -13 P.O. Box 976 28541 =0978
File Name. MARINE CHEVYa Impact Maps.dwg 306 New Bridge Street _ 28540
Disk Name- Acad,2526 Jacksonville, North Carolina
Drawn: ELB Phone (9101 455 -2414 — Fax: (9101 455 -3441
Firm License Number: F -0108