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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 �oF wa rF9 pG � T f t > o (r��r Q T FEB 232015 Use Only action ID no project no Persion 1 4 January 2009 0 � 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 I d F se oO ZN � M L Co l9 kb Z FEB 2 3 2015 EXISTING MARINE CHEVROLET SITE CAP0 ;��OQaYSsipy���9 .•Q SEAL C". 37928 c 2 ! 7 l5 GINS c . 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