20072055 Ver 1_401 Application_20071207

r
CAPE FEAR
Engineering, lnc, o z- 2 0 5 5
December 6, 2007
Mr. Ian McMillan, Senior Environmental Specialist
NC Division of Water Quality,401/ Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Subject: 401 Water Quality Certification 3705 and Isolated Wetland General Permit Application
Independence Apartments, Wilmington, Brunswick County
Dear Ian,
Cape Fear Engineering is submitting this request fora 401 Water Quality Certification and Isolated
Wetland General Permit on behalf of The Oleander Company Inc.
The following information is included with this application:
• Application fee for $570.00 (check #19339)
• Project Narrative
• PCN Form
• Aerial Photo Parcel Boundary Map
• Topographic Location Map
• USDA Soil Survey Map
• NC EEP Acceptance Letter
• Overall Site Plan and Impact Map (CO)
• Site Impact Detail Plans and Fill Cross Section Details (C1, C1.1, C2, C2.1, C3, C3.1)
• Land management Group Wetland Delineation Letter and Map
• Jurisdictional Determination Survey Signed by the USACE
If you have any questions concerning this application package and proposed project, please call me at
[phone] or e-mail me at [e-mail].
Sincerely,
~~ Gt/ 1
Noelle Winstead
Cape Fear Engineering Inc.
Cc: John Tunstall, P.E., Norris, Kuske, &Tunstall
Nelson MacRae, The Oleander Company Inc.
File Copy
""1
~~~~~~~~
~~~~
"~C~t' ~IUGIz
151 Poole Koad, Suite 100 • Belville, NC 28451 • TEL: [phone] • FAX: [phone]
www. ca pefearengineering. com

Independence Apartments
Project Narrative
Location
The proposed Independence Apartment complex is located off Independence Boulevard and
Shipyard Boulevard in Wilmington, New Hanover County. Phase I of the project, also referred to
as the front tract, fronts Independence Boulevard. The access road to Phase I off Independence
will ultimately provide access to Phase II and interconnect with Shipyard. Only Phase I is
proposed at this time; however, the preliminary land plan for Phase II has been included on the
site plan to demonstrate avoidance of the majority of wetlands on the 2 tracts.
Purpose
The purpose of the project is to provide apartment units for lease within the City of Wilmington.
The need for multi-family housing continues to increase as the population continues to increase in
New Hanover County. The cost of single family homes in the area is beginning to limit housing
options for varying income levels and fuels the need for rental properties.
Wetland Impacts
The total project area is 138.68 acres. The front tract (Phase I) is 23.70 acres with 0.97 acres of
Isolated Wetlands and 3.34 acres of 404 Wetlands. The back tract (Phase II) is 84.53 acres with
15.74 acres of 404 Wetlands. The remaining 30.45 acres of wetlands were previously deeded to
the NC Coastal Land Trust in the form of a conservation easement.
Through careful site design and by limiting the number of apartment buildings and parking spaces
to the minimal number necessary to make the project economically feasible, the proposed site
plan only requires impacts to 0.97 acres of marginal Isolated Wetlands and 0.49 acres of 404
Wetlands on the front tract. Less than 3% of all wetlands on the subject property will be
permanently impacted. In addition, impacts have been minimized to meet the thresholds of a
Nationwide Permit 29, Water Quality Certification 3705 and a General Isolated Wetland Permit.
Stormwater
The site drains to a freshwater unnamed tributary to Hewlett's Creek, class SA HQW waters;
however, the site is greater than '/2 mile from the classified waterbody. Stormwater will be
collected and treated in wet detention ponds designed to meet all the NPDES Phase II Post
Construction Stormwater Rules and the City of Wilmington Pre Development and Post
Development Stormwater Rules.
Mitigation
Mitigation in the form of an in-lieu payment to NC EEP for 1.5 acres ofnon-riparian wetlands is
proposed. USACE mitigation for impacts to 0.49 acres of 404 Wetlands is provided at a 3:1 ratio,
and NCDWQ mitigation for 0.97 acres of Isolated Wetlands and 0.49 acres of 404 Wetlands is
provided at a 1:1 ratio. Previously, approximately 30 acres of 404 Wetlands were placed in
permanent preservation via a conservation easement held by the N.C. Coastal Land Trust. The
remaining wetlands on the property have been avoided and will remain undisturbed. The
property owner is not going to place the remaining wetlands in preservation as part of the
mitigation package. They intend to explore other options including the potential sale of the
property to a conservation group or the donation of the property for educational purposes in the
future.

07-2055
Office Use Only: Form Version March OS
USAGE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ® Isolated Wetland Permit from DWQ
^ 401 Water Quality Certification ® Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NW 29, WQC 3705,
Isolated Wetland General Permit
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), chec ~ ~~• ~ ~~~~~ ~
II. Applicant Information ~, ~~ C
~ C Z~07
1. Owner/Applicant Information ~~~;~ _ way ~r~ ~ai~~~,i - r
Name: Nelson MacRae, President, The Oleander Company Inc. 'N~~ ~'~ i1'Qf?~IlNaT~R 9a~c;w
Mailing Address: 1303-A Independence Blvd., Wilmington, NC 28406
Telephone Number: [phone] 1'ax Number:_(910) 392-5123
E-mail Address: oleanderco(a,bizec.rr.com
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Noelle Winstead
Company Affiliation: Cape Fear Engineering, Inc.
Mailing Address: 151 Poole Road Suite 100 Belville NC 28461
Telephone Number: [phone] Fax Number:~910) 383-1045
E-mail Address: noelle.winstead(a~capefearen ing eering.com
Page 5 of 13

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Independence Apartments
2. T.LP. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): R06109-004-024-000
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): Take College Road (Hwy
132) south to Shipyard Blvd., turn right„ drive approximately 500 feet. Site is on the right
just past S. 41St Street and extends to Independence Blvd.
Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 34 12' 9" °N 77 54' 9" °W
6. Property size (acres): 108.23 acres
7. Name of nearest receiving body of water: Unnamed Tributary to Hewletts Creek
8. River Basin: Cape Fear
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is currently undeveloped timberland. It is zoned
R-15-Residential District by the City of Wilmington.
Page 6 of 13

10. Describe the overall project in detail, including the type of equipment to be used: Impact
the minimal amount of jurisdictional and isolated wetlands in order to construct phase I of
the proposed apartment complex. Phase II of the project has been carefull.~esigned to avoid
future impacts.
11. Explain the purpose of the proposed work: Construct a residential apartment complex with
the necessary access, interconnectivit~parking required by the City of Wilmington. The
Wilmington area is in need of affordable housing.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. USACE Action I.D. Number 2003 00064 065 was assigned to the
jurisdictional determination map. In addition approximately 30 acres of wetlands were
previously deeded to the N.C. Coastal Land Trust in the settlement agreement with the N C EPA
and USACE, a result of a historical violation on one of the tracts. This violation has been
completely resolved and the owner exceeded what is typically required in a violation resolution
by permanently preserving 30 acres of land via a third party.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
All future work has been included in this application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Page 7 of I3

should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Permanently impact 0.49 acres of 404
Wetlands and 0.97 acres of Isolated Wetlands, and temporarily impact 0.05 acres of wetlands
for the purpose of constructing the proposed apartment complex and associated
infrastructure.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g, forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
Impact # 1 Permanent fill forested no >2000 feet 0.49
Impact #2 Temporary disturbance forested no >2000 feet 0.05

Total Wetland Impact (acres) 0.54
3. List the total acreage (estimated) of all existing wetlands on the property: 19 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43.560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet Area of
Impact
(acres)

Total Stream Impact (by length and acreage) 0
Page 8 of 13

5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredgin ,flooding, draina e, bulkheads, etc.
Open Water Impact

Site Number
(indicate on ma
Name of Waterbody
(if applicable)

Type of Impact Type of Waterbody

(lake, pond, estuary, sound, bay,
ocean, etc.) Area of

Impact
(acres)

Total Open Water Impact (acres) 0
6. List the cumulative impact to all Waters of the U.S. resulting from the proiect:
Stream Impact (acres): 0
Permanent & Temporary Wetland Impact (acres): 0.54
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0
Total Stream Impact (linear feet): 0
7. Isolated Waters
Do any isolated waters exist on the property? ®Yes ^ No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
The proposed project includes permanent impacts to 0.97 acres of Isolated Wetlands. These
areas were determined to be isolated by the USACE. These areas have a low functional
value and barely meet wetland criteria.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
Page 9 of 13

were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The original land plan for the
site included an additional apartment building and associated_parking that was allowable by local
zoning requirements. This building and associated parking has been removed in order to
minimize impacts to wetlands and meet the Nationwide Permit thresholds. In addition 2.85 acres
of 404 Wetlands on the front tract (Phase I) have been avoided and 15.74 acres of 404 Wetlands
on the back tract hase II) have been avoided through careful site design. The area is in need of
affordable housing, and the project would no longer be feasible due to the delayed return from
rental property if the number of buildings and associated parking were further reduced. The
expected return on the properly does not exceed market norms. .
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Page 10 of 13

Mitigation in the form of an in-lieu fee payment to the NCEEP is proposed. USACE
mitigation for impacts to 0.49 acres of 404 Wetlands is provided at a 3:1 ratio, and NCDWQ
mitigation for impacts to 0.97 acres of Isolated Wetlands and 0.49 acres of 404 Wetlands is
provided at a 1:1 ratio, There are no future plans to impact the remaining wetland area in the
future; however, the property owner prefers to explore other options, more valuable to the
company and local community, at a future date versus utilizing the area for miti atg ion•
NCDWQ mitigation requirement of 1:1 mitigation in the form of restoration or creation has
been provided b~Q's preferred method, payment to EEP. USACE has been provided
mitigation at a 3:1 restoration ratio, more than satis ping the no net loss policy and more than
adequate due to the functional value of the wetlands. Preserving~the remaining wetlands on
the tracts for mitigation is not required and is not offered at this time.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres): 1.50 acres
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
Page 11 of 13

It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
* I Impact I Required
Zone ,~~..~~e F o«~ Multiplier *,~;*;,~,*;~,
3 (2 for Catawba)
1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
Stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. The project will be high density and stormwater
permits will be secured from NCDWQ Wilmin on Regional Office and the City of Wilmington
prior to the construction of impervious surfaces. A wet detention pond system will be
constructed to treat the stormwater runoff and meet the pre and post requirements of the State
and City. It should be noted that the site is greater than '/2 mile from Hewletts Creek, class SA
HQW waters.
XII. Sewage Disposal (required by DWQ)
Page 12 of 13

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.
Sewer will be treated in the City of Wilmington's munic~al treatment plant.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this anafter-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
~~ " ~~ (~
Applicant/Agent's Signaturev Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 13 of 13

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Soil Map-New Hanover County, North Carolina
(Independence Apartments)
N Meters
A 0 150 300 600 900
Feet
0 500 1,000 2,000 3,000
U~l},1 Natural Resources
~- Web Soil Survey 2.0
r Conservation Service National Cooperative Soil Survey
11 /4/2007
Page 1 of 3

Soil Map-New Hanover County, North Carolina
(Independence Apartments)
MAP LEGEND
Area of Interest (AOI)
Area of Interest (AOI)
Soils
Soil Map Units
Special Point Features
Blowout
® Borrow Pit
Clay Spot
• Closed Depression
Gravel Pit
.. Gravelly Spot
(~ Landfill
;~, Lava Flow
~ Marsh
Mine or Quarry
O Miscellaneous Water
pp Perennial Water
v Rock Outcrop
t Saline Spot
. Sandy Spot
Severely Eroded Spot
p Sinkhole
y~ Slide or Slip
~ Sodic Spot
Spoil Area
Q Stony Spot
(~ Very Stony Spot
W Wet Spot
~ Other
Special Line Features
Gully
Short Steep Slope
h . Other
Political Features
Municipalities
® Cities
Urban Areas
Water Features
_ , . Oceans
-- Streams and Canals
Transportation
++~ Rails
Roads
Interstate Highways
US Routes
State Highways
~,- Local Roads
Other Roads
MAP INFORMATION
Original soil survey map sheets were prepared at publication scale.
Viewing scale and printing scale, however, may vary from the
original. Please rely on the bar scale on each map sheet for proper
map measurements.
Source of Map: Natural Resources Conservation Service
Web Soil Surrey URL: http://websoilsurvey.nres.usda.gov
Coordinate System: UTM Zone 18N
This product is generated from the USDA-NRCS certified data as of
the version date(s) listed below.
Soil Survey Area: New Hanover County, North Carolina
Survey Area Data: Version 11, Apr 2, 2007
Date(s) aerial images were photographed: 2/3/1993
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor shifting
of map unit boundaries may be evident.
l!SDn Natural Resources Web Soil Surve 2.0
'~ Conservation Service National Cooperative Soil Survey Pag 42 003

Soil Map-New Hanover County, North Carolina
Independence Apartments
Map Unit Legend
New Hanover County, North Carolina (NC1Z9)
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
Be Baymeade fine sand, 1 to 6
percent slopes
_- 6.5

- _ 1.3°~

---~---- _
Bp Borrow pits 1.5 0.3°k
Kr Kureb sand, 1 to 8 percent
slopes 31.1 6.4°k
Le Leon sand 172.7 35.3%
Lo
Ly Leon-Urban land complex
Lynn Haven fine sand 41.1
28.7 8.4%
5.9%
Mu Murvilie fine sand 149.3 30.5°~
Rm Rimini sand, 1 to 6 percent
slopes 5.2 1.1
Se Seagate fine sand 52.1 10.6°k
To Torhunta loamy fine sand 0.9 0.2%
W Water 0.2 0.0%
Totals for Area of Interest (AOI) _ _ _~ 489.2 ~ _ _ _ __100.0% ~~,
USDA Natural Resources Web Soil Survey 2,0 11/4!2007
~ Conservation Service National Cooperative Soil Survey Page 3 of 3

I{fn 1x1 emcxlt
PRO(iRAlA
November 8, 2007
Nelson MacRae
The Oleander Company, Inc.
1303-A Independence Blvd.
Wilmington, NC 28406
Project: Independence Apartme~s
Expiration of Acceptance: May 8, 2008
County: New Hanover County
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. It we have not received a rnpy of
the issued 404 Permit/401 CertificationiCAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice
will be issued based on the required mitigation in that permit and payment must be made prior, to conducting the authorized
work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
Cape Fear
03030005 Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Ri ian Non-Ri arias Coastal Marsh
Impacts 0 0 0 0 1.5 0 0 0
Credits 0 0 0 0 3.0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP W be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Jennifer Frye,USACE-Wilmington
Joanne Steenhuis, DWQ -Wilmington
Noelk Winstead, agent
File
Sincerely,
~- w /~
yam D. Gilmore, PE •/U('(YT74
Director
Rr/rtori`c~... ~ ... Pr~ Dur SiT.(~Id.G

North CaroNna Ecosystem Enhancement Prognsrn, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net

. h
LANII IufANAG$bRBNT GRaUP nom,
Frtvironmen~ai consultants
May 16, 200T
o TQ: The Oleander Camgatty, Inc,
° Nelson McCrae
a
PO Bow 3145
Wiltning#nn, NC Z840C
RE: Wetland Delineation -Alderman School Tract {New Tlauaver County, NC)
Dear Mt: I-+.EcCrae:
Byway of this letter, Land Management Group, Inc. {LMG} is pravidit~g art update with
respect to the wetland delixteat~x ~rark conducted an the 23.fi0 acre section crf tha tract
located off of Ittdepeadeaxce and Shipyard Blvd. in New ~Isnover Coiastty. As we have
discussed, the delineation work is complete. Cl°uistiat3 Preziosi met with Ie~ifer Frye of
z the tTS Army Carps of Engineers {IISACF} art Decetrtber 5, 2QU5 to review the
,{ delineation conducted by LMG
~.
Per the tweeting witb. Ids. Rryt~ the USACS has provided verbal confirmation of our
delineated wetland boundaries. It was determined that 3.34 acres wet~e eotcsidet~ed
jurisdictional while .97 acres were isolated in two separate locations. 'Ihe original survey
depicting tha delimeated wetland boundaries was submitted to the US~iCE for final sign
off 3anuary S, 2f)47. however, tins survey does nat acceiraGely depict the isolated wetland
areas. Attached is a copy ofupda#ed survey reflecting both tt~eaurisdic#iot~al and isolated
vvetlattd boundaries.
In light of the recent Supreme Court Case Ming ~t7nited States v: ttaganaa and United
States v. Carabell), the US.ACE and the Envirot~tmental Protectiam Agency are eA~7enynirs$
the. methods in which they describe and documem jurisdietiattal determiaatictns (i'Ds}
~ pursuant to the Clean Water- Act (C1~A). In acc~ardance with guidance from [JSACE
Headc~arters and to the extent circumstances allow, the USAC)r is delaying making final
o jurisdictional determinations for areas beyond the limits of traditional navigable waters
o (Section I4 ~vater5}until new' ~tida~c~ ~s is~~er~
0
0
N
~,
6 wwvv.lmgrut~p.net • infv~?a lgtgroup.net ~ Phone: 910.4SZ.OOQi • Fan: 910.452.4060
3805 WriglttaveIIe Ave., Suite 15, Wilmington, NC 28403 • F.Q. Saar 2522,
~'Vilmitigtoti,l~IC 28402

~ETntil such guidance is issued, a gerbal co~~atian of a delineation done by LMG
shed be sufficient for moving farwar+d with local planning o~- other stateJfederal
enviror~merntel permits {e:g. stt~rnxwater, sediment and erflsion control, etc.). Bg way of
this letter, LMG is providing written correspondeeice dactamen#ing our meeting witlx the
USACE end the confiFination by Ms. Frye_
I hope trig information is of assistance for your site planning. I may be reached either by
phone act 91fl.452.0©41 or by email at afiitral(ir7lmgraup,net should you have any
questions. 'Fhanlc yea far allowing LIVID the opportunity to assist you with this project.
m
0
^~- Sincerely,
Ashley Fu
Staff Scientist
C.C. James Smith
Jennifer Frye; USACI?
0
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M£ft.AMa SUft1EY FLR
THE OLEANDER COMPANY
INDEPENDENCE BOULEVARD
Cl7Y OF W2MINGTON
NEW HANOYER COUNTY I
NORTH CAROLfNA I
OIgNER: OLEANDER COMPANY ~
P.O. e0X 3155 ~
44RLM1NGTON, NC.
DATE• OEC. 10, 1006
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TOTAL AREA = 23.7 ACRES
3.34 ACRES-~lUR1SDl CTtONAL 404 WET4W D
.B7 ACRE--ISOLATED WETLAND
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IsauTED WETUND AREA \
OF IMPACT. 5,589 SF
(.OB AC). SEE SHEETS C7 SITE AREA ~ •
- AND C1.1
` ~\ FRONT TRACT: 23.70 ACRES
BACK TRACT: 84.53 ACRES
_ t...
r' ~---_- ~: ' ~~, of MI PACT~36,72 s~ TOTAL: 1O8.23ACRES
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TEMP. WETLANDS IMPACT DETAIL ~
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SCALE: 1 " = 20'
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C3.1

WETLAND SURVEY FOR
r~~ ®LF~N®~^
IIVDEPENDENC
C17Y OF WILMINGTON
NEW HANO~EP COUNTY
NORTH CAROLINA
OWNEP,: OLEANDEP, COMPANI
P.O. BOX 3155
WILMINGTON, N. C.
DATE: DEC. 20, 2006
p5 [.y
{~ F + ` ~..

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~~~1~'

INDEPENDECE EAST
PHASE ONE k TWC
C.B. 6 PG. 326
C.B. 7 PG. 108
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WETLAND LINE TABLE