20050834 Ver 4_More Info Received_20150831

Burdette, Jennifer a
From: Dana Lutheran <dlutheran @segi.us>
Sent: Monday, August 31, 2015 3:39 PM
To: Burdette, Jennifer a
Subject: FW: [EXTERNAL] RE: Willows (UNCLASSIFIED)
Attachments: Willows I Mitigation IP Supplemental Information Rev 8- 26- 15.pdf
Jennifer,
Attached is the revised Supplemental Information document for the Willows.
Do you need me to mail hard copies? I have already emailed a copy to Joanne, here in the WiRO.
Also, Kyle has indicated that he satisfied with the Alternative Analysis, as written in the attached. We are working on
resolving the wetland mitigation component (i.e. how to address the unsuccessful wetland creation area). This will take
a field visit with Kyle. We will update you on that progress. I believe he will accept what has been proposed in the
updated document.
Please feel free to call, if you have any questions.
Thanks a bunch,
Dan
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Attachment 1
The Willows Subdivision — IP Supplemental Information
USACE Action ID #: 200501325
DWR Project #: 050834 Modification
Prepared for:
The Willows Development Corporation
622 Timberlake Lane
Wilmington, NC 28411
910.443.4454
Prepared By:
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
910.452.2711
Date:
1 April 2015
Revised 26 August 2015

The Willows IF Supplemental information Revised 8/26/1 5) 5r_6
Table of Contents
Section
Title
Page
I.
Purpose and Need ............................................... ...............................
3
II.
Project History ................................................. ...............................
3
A.
USACE Jurisdictional Determination ........................ ...............................
3
B.
Wetland Permitting ............................................. ...............................
3
C.
Wetland Mitigation ............................................. ...............................
3
III.
Current Project Status ........................................ ...............................
3
IV.
Project Description ............................................ ...............................
4
V.
Avoidance and Minimization ................................. ...............................
4
VI.
Alternative Analysis ........................................... ...............................
5
A.
Off -site Alternative Analysis .................................. ...............................
5
B.
On -site Alternative Analysis ................................... ...............................
5
VII.
Adjacent Property ............................................. ...............................
6
VIII.
Sequence of Events ............................................ ...............................
6
IX.
Compensatory Mitigation ................................... ...............................
6
A.
Nationwide Permit .............................................. ...............................
6
B.
Individual Permit ................................................ ...............................
7
C.
Cumulative Impacts and Mitigation .......................... ...............................
7
X.
Conclusion ........................................................ ...............................
7
Appendices
A. Brunswick County GIS Information Page....... i
B. 2006 USACE Jurisdictional Determination ................ ............................... ii
C. 2006 Site Plan ................................................... ............................... iii
D. USACE Nationwide Permits and DWR Major Certifications Issued 2006........... iv
E. 2014 Google Earth Aerial Photograph ....................... ............................... v
F. 2011 Mitigation Monitoring Report ......................... ............................... vi
G. Extension of Curran Court Site Plan ......................... ............................... vii
H. Adjacent Property Owner Key Map ......................... ............................... viii
I. Lower Cape Fear Umbrella Mitigation Bank Reservation Letter ....................... ix
J. Wetland Creation Sketch ...................................... ............................... x
2

The Willows IF Supplemental information Revised 8126115)
I. Purpose and Need
SE-6i
Pharmlogic, LLC has acquired a 59.52 acre parcel (Brunswick County PIN 0370005505), which is located within
the existing Willows Subdivision, in Leland, Brunswick County, North Carolina (see Appendix A). In 2006, the
majority of the parcel was classified as Section 404 wetlands, by the USACE (please refer to Appendix B).
However, within the acreage is an upland island that consists of approximately 1. 11 acres, upon which The
Willows Development Corporation (herein referred to as the "Applicant ") wishes to extend Curran Court. The
extension of the road will provide access to four (4) buildable lots (see Appendix C). Unfortunately, to facilitate
the construction of the access road, the fill of 0.07 -acre of Section 404 wetland is necessary.
II. Project History
A. US Army Corps of Engineers (USAGE) Jurisdictional Determination (JD)
Prior to development, The Willows Development Corporation obtained a preliminary JD for the entire tract,
which was issued with the Nationwide Permit (see Appendix B).
B. Wetland Permitting
In 2006, the Department of the Army (DoA) and Division of Water Resources (formerly Quality - DWR)
authorized the permanent impact of 0.43 acre and temporary impact of 0.12 acre of wetland, which was
necessary to facilitate the installation of roads and infrastructure. The authorizations came in the form of
Nationwide Permits 12 and 14 and Water Quality Certifications #3404 and #3374 respectively (see Appendix
D).
C. Wetland Mitigation
To compensate for the authorized impacts, the Applicant was required to provide the following mitigation:
1. Wetland Creation Component — Creation of 0.48 acres of non - riparian wetlands was to be
undertaken. Long term monitoring, for a period of 5 years, was required, as part of this mitigation
component ( USACE);
2. Preservation Component — The preservation of 12.51 acres of unaffected wetlands and 4.83 acres of
upland buffer located within the Willows S.D. was to take place ( USACE);
3. Signs and Monuments — Several permanent monuments (i.e. anchored, metal pipes) were to be
placed along selected points and verified by a certified land surveyor ( USACE);
4. Deed restrictions were to be placed on all lots that contained wetlands within their property
boundaries (DWR); and
5. Certificate of Completion — Upon completion of the impacts, a Certificate of Completion was to be
submitted to each agency.
III. Current Project Status
To date and with regard to wetland permitting and impacts, the following has taken place:
1. Development — The majority of the subdivision has been built out, except for a portion of Cottage
Field Lane, which is only 70% complete and very few houses exist (see Appendix E);
2. Wetland Impacts — All the authorized impacts have taken place;
3. Wetland Creation - Wetland creation was constructed in accordance with the specifications and
plans shown in The Willows Mitigation Plan. The last monitoring report for this site was submitted
to the USACE in June of 2011 (see Appendix F). A letter, dated 9 April 2012, was issued to notify
3

The Willows IF Supplemental information Revised 8126115)
Sr-Gi
the Applicant that the 0.48 acre of on -site wetland creation is not fully successful. According to the
letter, there appeared to be a lack of hydrology in an area immediately adjacent to the existing
wetland. The USACE requested a contingency plan that would include the following:
• A site remediation plan, which must include the removal of the upland areas to match the
adjacent wetland grade, soil tilling and additional plantings. Please be aware that the
Corps will require additional monitoring beyond the five years specified in your original
plan.
• An alternative mitigation proposal as replacement for the entire creation area, which may
include in- lieu -fee payment to the NC EEP.
• An alternative mitigation proposal for only the unsuccessful areas, which may include an
in- lieu -fee payment to the NC EEP. Please be aware that annual monitoring of the
remainder of the area must continue until 2013 (year 5).
4. Wetland Preservation — The Willows Development Corporation has executed and caused to be
recorded, in the Brunswick County Register of Deed, a Declaration of Restrictive Covenants and
accompanying exhibit. A copy of the recorded documents was submitted to the USACE with the last
monitoring report;
5. Signs and Monuments — Steel posts were inserted into the ground, in the specified locations. The
USACE was notified of this in April 2006.
6. Deed Restrictions — SEGi was unable to determine if deed restrictions were placed on lots with
wetlands; and
7. Certificate of Completion — A Certificate of Certification was submitted to each agency.
IV. Project Description
The Applicant anticipates impacting 0.07 -acre of Section 404 jurisdictional wetlands with the extension of the
road into a cul -de -sac (see Appendix G). Heavy machinery, such as a bulldozer, grader, back hoe, and track hoe,
will be utilized during the construction process. The machinery will be used to clear the land, stabilize the soil,
establish grade and to transport and deposit the proposed fill material within the project boundaries. Sediment and
erosion control measures will be installed prior to commencement of land disturbing activities.
Coastal wetlands are not anticipated to be impacted by this project, and the project is located outside any Areas of
Environmental Concern (AECs). A Coastal Area Management Act (LAMA) Consistency Determination is being
prepared concurrently with this permit application and will be submitted to the USACE and DWQ upon issuance.
Threatened and Endangered Species and archaeological assessments were conducted, as part of the original
submittal of Pre - Construction Notification. It is not anticipated that either of these two issues are of concern.
V. Avoidance and Minimization
The proposed impact was part of the preliminary site plan, but was surrendered, due to the fact that the impact
would cause total permanent impacts to exceed the NWP acreage threshold (i.e., 0.50- acre), subsequently
elevating the authorization to a DoA Individual Permit, which, at the time, was not economically feasible.
Unfortunately, the 1.11 -acre upland area is surrounded by wetlands, thus avoidance is not possible. The impact
encompasses only the area necessary to install a road and cul -de -sac that meets NC Department of Transportation
(NC DOT) road design requirements.
4

The Willows IF Supplemental information Revised 8/26/1 5) 5EG1
VI. Alternative Analysis
A. Off -site Alternative Analysis
Although a formal Off -site Alternative Analysis was not conducted in 2005, SEGi applied the Section
404(b)(1) guidelines by utilizing historical aerial photography and available historical land use records, to best
determine, if any, off -Site alternatives existed at that time or exist now. SEGi utilized this information to
determine if a practicable off -site alternative site exists while taking into account the, cost, technology and
logistics of each alternative and the overall project purpose.
Taking into account the project purpose specifically, the desired location and proximity to the Leland central
business district and the Highway 17 corridor, several sites were reviewed both historically and currently.
These sites were chosen for their ability to accommodate the size (number of units necessary) of the proposed
development.
Alternative Site 1 — Waterford Commercial 43.34 acres (Parcel ID's 0470003801, 0470003807,
0370005560, 0370005597): This site was vacant in 2005 and is currently only partially
developed (PID 0470003801, 11.45 acres is built out). This site meets the location requirements
of the purpose and need however the site is not zoned for residential housing. SEGi did not
pursue the ability to re -zone the property as the land cost per acre far exceeds the cost
practicability of this alternative. Therefore due to zoning and cost Alternative Site 1 was
rejected.
2. Alternative Site 2 — Ploof Road Tract 85.07 acres (Parcel ID's 0380003001, 03800030): This
site was vacant in 2005 and is currently undeveloped. This site does meet the size and location
requirements. However, the site contains significantly more wetlands than the subject parcel
and would result in significantly more wetland impacts than proposed. Alternative Site 2 was
rejected due significantly more wetland impacts than the subject parcel.
3. Alternative Site 3 — Westgate Tract 71.50 acres (Parcel ID's 0480004201, 0480004202): This
parcel was vacant in 2005 and is currently undeveloped. This site does meet the size and
location requirements of the project purpose and is zoned residential. It is unknown if the site
would have been available for purchase in 2005. However if it were, the permittee owned the
subject parcel and would have had to sell the Willows parcel, re- design and permit Alternative
Site 3 (if available) which would not be cost or logistically practicable. Alternative Site 3 was
rejected due to cost and logistical impracticability.
B. On -Site Alternatives Analysis
During the design and permitting phase of the project, several on -site alternatives were considered.
1. Alternative 1 — Current Proposed Design: This alternative was designed to have roads
primarily in uplands, lots only proposed on one side to avoid additional wetland impacts,
narrowing of roads to avoid wetland impacts and the use of retaining walls to minimize
unavoidable impacts. Alternative 1 was accepted as it was the Least Damaging Practicable
Alternative.
2. Alternative 2 — Utilization of other uplands within the tract to avoid impacts: This alternative
was reviewed extensively, and included alternative or modified road layouts, and infrastructure
design. However due to the proposed design provided the least amount of impacts while
yielding the highest number of lots. Therefore Alternative 1 was rejected due to an increased
amount of wetland impacts.
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The Willows IF Supplemental information Revised 8126115)
Sr-6i
3. Alternative 3 — Bridging all or some impacts: This alternative was considered and due to the
cost of bottomless culverts, wooden bridges and concrete bridges it was not practicable to
utilize them. Therefore, Alternative 3 was rejected due to cost constraints.
The Applicant invested money, in the property, anticipating being able to build 64 of houses (60 houses on
Cottage Field Lane and 4 on the subject upland island). The Applicant investigated other potential means for
developing the subject area, and has been unable to fmd a practicable alternative that would achieve his goal
and meet his stated purpose.
VII. Adjacent Property Owners
The following properties have been identified, as adjacent to the project location:
Map Key
Parcel ID
Owner
Address
City
State
Zip Code
1
0381BO12
STARKEY TIMOTHY D ETUX NERISSA D
2097 WILLOW CREEK LANE
LELAND
NC
28451
2
038IBO13
NICHOLSON JEROME B ETUX PATRICIA A
2105 WILLOW CREEK LANE
LELAND
NC
28451
3
038IB014
LEE RACHEL L ETVIR JOHN T
2109 WILLOW CREEK LANE
LELAND
NC
28451
4
038IBO16
AMERICAN RESIDENTIAL LEASING CO LLC
21001 N TATUM BLVD
PHOENIX
AZ
85050
5
038IBO17
EVANS ZACHARY S
2419 RED MAPLE CIR
LELAND
NC
28451
6
0381BO18
SLADE JOHN R ETUX KARLA P
2423 RED MAPLE CIRCLE
LELAND
NC
28451
7
0381AO53
HOWELL WILLIAM P ETUX CATHERINE C
1041 STONEY WOODS LANE
LELAND
NC
28451
8
0381AO52
MORRIS JARED D ETUX SHELLY WELBORN
1039 STONY WOODS LANE
LELAND
NC
28451
9
0381AO51
WASHINGTON OMAR S
9112 ARDEN ROAD NE
LELAND
NC
28451
10
0381A050
YOUNG DAVID R ETUX BONNIE A
1033 STONY WOODS LANE
LELAND
NC
28451
11
0381AO47
CAYTON MICHAEL W & SAMANTHA
1012 SWEETBAY CIRCLE
LELAND
NC
28451
12
0381AO46
CRISPELL MARK A ETUX SUSAN
1011 SWEETBAY CIRCLE
LELAND
NE
28451
13
038IA045
JERNIGAN DAVID B ETALS
1007 SWEETBAY CIR
WILMINGTON
NC
28412
14
038113009
DWYER TYLER D ETUX BRITTANY LYNN
2081 WILLOW CREEK LANE
LELAND
NC
28451
15
0381BO10
VILLAGE BUILDERS OF WILMINGTON LLC
PO BOX 3424
WILMINGTON
NC
28406
I 16
0381BOl l
SHAW JEREMY E & BRITTANY N HARRIS
2093 WILLOW CREEK LANE
LELAND
NC
28451
Table I Adjacent property owners — See Appendix H, for details of their location relative to the impact
VIII. Sequence of events
The Applicant has secured stormwater and S &EC permits, thus work is to commence as soon as DoA and DWR
approvals have been issued. The work will consist of clearing the land, removing the hydric soils from the impact
area, installing utilities, back - filling the area with clean earthen fill to establish grade, applying crush and run,
installing curb and gutter, then applying asphalt. Upon completion of that work, the slopes of the crossing will be
graded to a 3:1 slope, seeded, and covered with excelsior matting or straw.
IX. Compensatory Mitigation
Compensatory mitigation (i.e. avoidance and minimization, restoration, creation, enhancement, preservation,
and/or payment to an in -lieu fee program or private mitigation bank) is typically required for permanent impacts
to wetlands. The mitigation is intended to off -set functional processes (i.e. biological, physical and/or chemical)
lost as a result of the permanent fill of the wetland.
A. Nationwide Permit
As discussed previously in the document, the Applicant agreed to create 0.48 acre of non - riparian wetland,
preserver 12.51 acres of US Section 404 wetlands and 5.31 acres of upland buffer, as well as avoid and
G

The Willows IF Supplemental information Revised 8126115)
Sr-Gi
minimize, through construction methods, impacts to wetlands. The mitigation was sufficient to offset the
impact of 0.43 acre of non - riparian, pine flat wetlands.
SEGi delineated the wetland mitigation area to determine what, if any, of the feature that currently did not
meet the success criteria. It was determined that approximately 1280 square feet (see Appendix J), does not
meet the hydrologic and /or vegetative success criteria, outlined in the Willows Mitigation Plan. In total, the
Applicant has successfully created 0.45 acre of non - riparian wetland. As a contingency plan, the Applicant
proposes to offset the deficit with payment to the LCFUMB, at a 1:1 mitigation to impact ratio. The proposed
1:1 mitigation to impact ratio is consistent with the original mitigation to impact ratio for this component of
the mitigation plan.
B. Individual Permit
Based on the type of wetland being impacted (i.e. pine flat) and its functional value being low, the Applicant
intends to offset the newly proposed impact with payment to the Lower Cape Fear Umbrella Mitigation Bank
( LCFUMB), at a 1 to 1 mitigation -to- impact ratio. SEGi and the Applicant believe that the proposed
mitigation is sufficient to offset the impact. A letter of acceptance, from LCFUMB, has been attached to this
document (see Appendix I).
C. Cumulative Impacts and Mitigation Plan
The table below provides a summary of the cumulative impacts, associated with the project, as well as the
compensatory mitigation plan for the Willows.
Impact Area Mitigation
Permit (AC) Mitigation Type (AC) Mitigation to Impact Ratio
Nationwide Permit 0.43 Wetland Creation 0.45 1:1
Wetland
12.51 29.1:1
Preservation
Upland Buffer 5.31 12.3:1
Mitigation Non- 0.03 LCFUMB 0.03* 1:1
Compliance
Individual Permit 0.07 LCFUMB 0.07* 1:1
Total 0.50 18.39
Table 2 Summary of mitigation for the Willows Subdivision
Note: "* "indicates the mitigation acreage is proposed, while bold text denotes the actual acreage provided
X. Conclusion
In summary, to facilitate the extension of Curran Court, which would terminate into a cul -de -sac that would
provide access to four buildable lots within the existing Willows Subdivision, the fill 0.07 -acre of USACE
Section 404, pine flat wetlands is necessary. Avoidance and minimization efforts were incorporated into the plan
during the design and construction phases of the project, as well as the investigation of alternative analysis to the
proposed impact, as per the 40(b)(1) guidelines. The Applicant intends to offset the newly proposed impact with
payment, to the LCFUMB, for 0.07 -acre of non - riparian wetland restoration credit. In addition, the Applicant
proposed to purchase 0.03 -acre of non - riparian wetland restoration credit from the LCFUMB, to offset the area of
the created wetland that does not meet the success criteria. In total, the Applicant will have mitigated for 0.50 acre
of non - riparian wetland impact with 18.29 acres of mitigation. SEGi and the Applicant feel the project, as
proposed, is the least environmentally damaging, practicable alternative.
7

The Willows IF Supplemental Information (}zevised 8126115)
Appendix J
Wetland Creation Sketch
SF.Gi

Willows Mitigation Site
Unsuccessful mitigation area
1,280 square feet
Legend
Wetland Mitigation
Successful Area
Wetland Mitigation
Unsuccessful Area
S -
(NOT TO SCALE)