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HomeMy WebLinkAbout20160927 Ver 1_401 Application_20160916K4%� LMG LAND MANAGE:o1iENT GROUP Inc. :aw Environmental Consultants September 21, 2016 TO: Mr. Kyle Dahl U.S. Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 RE: NWP 39 Application; Ogden Market Place New Hanover County, NC Action ID# SAW -2014-02256 Dear Kyle: COURTES y 2 0 1 60 92 7 Enclosed is a NWP 39 application for your review. This application is submitted on behalf of Halpern Ogden, LLC for the construction of a commercial development at the intersection of Market St. and Middle Sound Loop Rd. in Wilmington, NC. NC DOT is requiring the applicant to install a turn lane off of Market Street. This will require 48 LF of permanent stream impact to extend an existing 42" culvert under the road and install a rip rap apron to accommodate stormwater that flows through this pipe. Temporary impacts to 15 LF of stream are also needed during construction. LMG staff has evaluated the stream channel at the area to be impacted using the NC Stream Assessment Methodology and it received a Low rating. Therefore, no mitigation is proposed. The Pre -Construction Notification form, associated maps, SAM assessment forms and summary, and site plan are enclosed for your review. Please contact me if you have any questions. Thank you for your assistance with this project. Sincerely, Al Kim Williams Environmental Scientist Encl. Cc: Mr. Charlie Worthen, Halpern Ogden LLC Mr. John Townsend, Davenport Mr. Chad Coburn, NC DWR Ms. Jennifer Burdette, NC DWR www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403 O� �'WAT6'9 COURTESY COPY Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 A. Pre -Construction Notification (PCN) Form D Applicant Information O 1. Processing p 1 a. Type(s) of approval sought from the�+ Corps: ® Section 404 Permit ElSection 10 Perm 1b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: RMiRCF 1 c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No Engineer spoke with Kyle Dahl 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ® Yes ❑ No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ® Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Ogden Market Place 2b. County: New Hanover County 2c. Nearest municipality / town: Wilmington 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Halpern Properties LLC 3b. Deed Book and Page No. 5954 598 3c. Responsible Party (for LLC if applicable): Mr. William D. Brown Jr. 3d. Street address: 5200 Roswell Road 3e. City, state, zip: Atlanta, GA 30342 3f. Telephone no.: 770-508-3327 3g. Fax no.: 3h. Email address: Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: 4b. Name: Mr. William D. Brown Jr. 4c. Business name (if applicable): Halpern Ogden LLC 4d. Street address: 5200 Roswell Road 4e. City, state, zip: Atlanta, GA 30342 4f. Telephone no.: 770-508-3327 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Kim Williams 5b. Business name (if applicable): Land Management Group, Inc. 5c. Street address: 3805 Wrightsville Avenue, Suite 15 5d. City, state, zip: Wilmington, NC 28403 5e. Telephone no.: (910) 452-0001 5f. Fax no.: (910) 452-0060 5g. Email address: kwilliams@lmgroup.net Page 2 of 11 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): R04409-001-002-000 1 b. Site coordinates (in decimal degrees): Latitude: 34.271638 Longitude: -77.818780 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 12.74 ac 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to UT to Howe Creek proposed project: 2b. Water Quality Classification of nearest receiving water: SA; ORW 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: The site currently contains several residential homes and commercial businesses. Other sections are undeveloped and forested. Adjacent land use is commercial or residential. The stream section to be impacted is degraded because of the large impervious cover of the watershed and amount of stormwater that runs through it (see attached SAM report). 3b. List the total estimated acreage of all existing wetlands on the property: 0.02 acre of isolated wetlands 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 915 LF of perennial stream along southwestern property boundary. 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to construct a commercial development with a grocery store and retail shops that will serve the neighboring community. The commercial development must have good visibility and easy access from high- traffic roads. NC DOT is requiring a right-in turn lane off of Market Street, which will require 48 LF of stream impacts for a culvert extension and rip rap apron. An additional 15 LF of temporary stream impact is needed for construction. 3e. Describe the overall project in detail, including the type of equipment to be used: This project includes the construction of a commercial development that will include a 45,600-sf grocery store, retail shops, parking, access ways (from both Market St and Middle Sound Loop Rd), and stormwater facilities. NC DOT is also requiring the construction of a right-in turn lane off Market Street. The applicant is obtaining a driveway permit from DOT for this. They will also need to extend the 42" culvert under Market Street by 18' and install a rip rap apron (7' x 30' x 34') to accommodate heavy flows coming through the pipe. A 15 If construction impact is needed just downstream of the rip rap for a check dam and possible dewatering. This work will occur within an existing drainage easement. The turn lane and culvert work will be completed first. The check dam will be removed as soon as the pipe and rip rap are installed and stabilized. Site will be cleared and graded. Stormwater facilities will be installed and roads/utilities will be constructed. Then building construction will occur. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes ❑ No ❑ Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ❑ Preliminary ® Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Christian Preziosi Land Management Group, Inc. 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Emily Hughes of the USACE issued the JD on 9/3/15 (Action ID# SAW-2014-02256). Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ® No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 4 of 11 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ®P ❑ T Fill Non -riparian ®Yes ElNo El Corps ®DWQ 0.02 ❑ Yes ❑ Corps W2 ❑ P ❑ T ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ ❑ Yes ❑ Corps W4 ❑ P ❑ T ❑ No ❑ DWQ ❑ Yes ❑ Corps W5 ❑ P ❑ T ❑ No ❑ DWQ 2g. Total wetland impacts 0.02 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. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ❑ T Culvert/rip rap UT to Howe Creek ® PER ❑ INT ® Corps ® DWQ 20 48 Check dam/ ® PER ® Corps S2 ❑ P ®T construction UT to Howe Creek ❑ INT ® DWQ 20 15 corridor S3 ❑ P ❑ T ❑ PER [:11 NT ❑ Corps ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 63 3i. Comments: Page 5 of 11 PCN Form —Version 1.3 December 10, 2008 Version 4. Open Water Impacts N/A If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P❑T 02 ❑P❑T 03 ❑P❑T 04 ❑P❑T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction N/A If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) N/A 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. ❑ Neuse ❑Tar -Pamlico El Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary impact required? B1 ❑P❑T El Yes ❑ No B2 ❑P❑T EJ Yes ❑ No B3 ❑P❑T F1 Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 6 of 11 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts were minimized as much as possible through careful site design. This commercial development is located at the intersection of two busy roads (Market St and Middle Sound Loop Rd). NC DOT is requiring that a right tum lane off of Market Street and into this development be constructed to aid in anticipated traffic congestion. There is currently a 42" culvert under Market Street at this location that will need to be lengthened. It was also determined that a 7' x 30' x 34' rip rap outfall was needed downstream of the new culvert to accommodate flows. The rip rap apron was sized per NCDEQs BMP manual and is based on the flow and pipe size. The quality of the stream to be impacted rated Low using SAM (attached). 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Check dam will be used to ensure sediment does not flow downstream during construction. This check dam will be removed as soon as the pipe and rip rap are installed and the area stabilized. 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? ❑ Yes ® No No mitigation is proposed because of the degraded state of the stream at the impact location (see SAM results). 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank N/A 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program N/A 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 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 N/A 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ N/A 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 8 of 11 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan N/A 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 55.7 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: Project engineer is currently in the process of obtaining a stormwater permit. ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? City of Wilmington ❑ 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 ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been El Yes E:1 No attached? 5. DWQ 401 Unit Stormwater Review NIA 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 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ® No use of public (federal/state) land? 1 b. 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)? 1 c. 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 El No letter.) Comments: N/A 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? ❑ Yes ® 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 ® 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. This project will not provide access or utilities to adjacent properties. No future stream impacts are anticipated. 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 generated by this project would tie into the municipal system. Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC Natural Heritage Program GIS layer was used to determine the presence of federally -listed species. No rare species are known to occur within the site. The Atlantic sturgeon and West Indian manatee are known to occur within a one -mile radius of the site, likely within Howe or Pages Creek. The northern long-eared bat is also known to occur in New Hanover County. Impacts to federally protected species are not anticipated to occur. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish Habitat. The project area is not considered EFH or HAPC for any species. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of cultural or historic resources. Two surveyed houses are listed on the website at 7148 and 7158 Market St (NH 3427 and NH3428). They are listed as ineligible for historic designation. B. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? The NC Floodplain Mapping Information System website was used to determine the boundaries of the 100 -year floodplain. Kim Williams Z, 9/21/2016 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 11 of 11 AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: I/we, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent in the preparation and representation of information related to the Section 404/401 permit application for Ogden Market Place project. All questions in regards to this project should be directed to Land Management Group, Inc. Sincerely, Kppficant -b- --arvU-4r, �3r Print Name Date S tr Murraysvtlle Ki ng Grant s 7� y4 windemere *Boundaries are approximate and are not meant to be absolute. Map Source: ArcGIS World Street Map Ogden Market Place New Hanover County, NC September 2016 40-14-246P \Wm / I �OV 'SFP �5 DoQ'�Var_ ZQ�6 Sources: Esri, HERE, Del-orme, USGS, Intermap, increment P Corp., NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand). TomTom, Mapmylndia, © OpenStreetMap contributors, and the GIS User Community SCALE 1" = 1 Mile LMGLANLMLN I GROUP www.lmgroup.net 3805 Wrightsville Avenue Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 Figure 1 Vicinity Map *Boundaries are approximate and are not meant to be absolute. Map Source: USGS Scotts Hill Quadrangle 7.5 minute SCALE 1" = 700' Ogden Market Place LMG New Hanover County, NC _ Figure 2 September 2016 www.lmgroup.net USGS Topographic Map 3805 Wrightsville Avenue 40-14-246P Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 4 ,/y e r�• ✓ / 44, 'It. f SO Le4. ` M/y Mu,* SITE 1(0 Y P TTT3f 0 p MU rr+Q t J` , w , y hr l K ,A C`r i`S �� S � ��rvF�1tr� � ,.gip ��� � t'* F. �� . � :. , .✓ F'F, Y k:.✓ x dry•: r` r 1-4 9 y. Kr aN -. .51 MU Be " 1 i5' Legend JO: Johnston soils *Boundaries are approximate and are Kr: Kureb sand, 1-8% not meant to be absolute. Le: Leon sand Mu: Murville fine sand Map Source: NRCS Soil Survey SCALE 1" = 300' FNeowgHanover en Market Place LMG LAND MANAGEMENT' GROUP;,, County, NC °°,.°°me ° °nEt Figure 3 eptember 2016 www.lmgroup.net Soils Map 3805 Wrightsville Avenue 40-14-246P Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 :w 4 ; ► / �. }'.' iR �►> . hy.� N`�'' fr,%:� ... 9ar�.r t: JP a � 4 ;�`. Wit. e t Y i nN �rX o h Ii�r 4 s f f a I A 14 4. 61 AL ed :A rl *Boundaries are approximate and are not meant to be absolute. Map Source. 2012 NC One Map Aerial Photography SCALE 1" - 200' Ogden Market Place 4LMG New Hanover County, NC _ Figure 4 September 2016 www.lmgroup.net 2012 Aerial Photograph 3805 Wrightsville Avenue 40-14-246P Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 ------------------- �_�.---_-a-----------------_----- - - - - -- --- - - - - ---- --------- - - - - -- - = i7 �s iT`Tii .. _-. ... _. ' - a �'- - t1S t7 MARKET 5T) - - - - - - - - - - - - i - - - - i - - - - 71�p6 t - - - - i - - - - - - - - - - - - i - - - - - - - - - - - - - - - - - - - - - - — — — — — — — — — — — — — — — — — — — — — — — — �.� — — — — — —. / a— — — — — — — — — _ — — _JI\AI�1� — �•c— — —. — — — — — r — — — — — — — — — — — — — y� n i i — — ------------- k. �.� — _ ` �. �� i - D, o � � � •V Y o. ° o Existing Building 't, I w, . a r 4 ' `! 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H e: -- - - - - - - -- ---_`- _ – – – – w'" � `.'�.�1.1•-i1f` YW `lI`'wiifYi-'IW' 7i"i �."�filr'�e-li 7• i b if E r Vrit'PN•1 >rr_� , r SD 25 0 50 100 1 100 N FINAL I� I– z W >� J 0 LU < > Z n U m o a = dK c z 0 o a < W U -IL 4 n J v Q W U g U CL Z W Z Y O H Z O C7 O m X w Z LLJ J rn EX -02 I - . - Perennial Stream Permanent Stream Impacts (48 LF) Temporary Stream Impacts (15 LF) US 17 (MARKET ST) 70+00 M 39' 39' 40B' F NCDOT STD. 840.31 OR 840.32 STA. 70+17.57 -� OFF: 46.67' RT RIM: 41.00' / INV. IN.-30.87' ..................................._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._/-.._..INV- OUT..30.77' ... .._.._.._.._.._.._.._.._. -A--------------------------- 18 `--------------18 LF 42" RCP @ 1.00% Proposed Turn Lane R/W 7-R W R/W- Permanent Stream Impact: 48 LF, AUE AUE AUE AUE AUE -Y 1- 70+17.40 -7 EXIST. 42" RCP 18 LF 42" RCP @ 1.00% Temp Stream Impact: 15 LF NCDOT STD. 840.31 OR 840.32 STA. 70+17.57 OFF: 46.67' RT RIM: 41.00' INV. IN: 30.87' INV. OUT: 30.77' RIP RAP OUTFALL 7'x30'x34' 22 TONS CLASS 'B' RIP RAP 30 SY GEOTEXTILE FABRIC LU U -i Stream (Approx.) - 1 PDE PDYF IF k„ oil THIS DOCUMENT TOGETHER WP-THECONWP"S AND DESIGNS PRESENED TFERWISINTER0E0 ON.Y -OR"RE SPECIFICPURPOSE AND CANT FOR MICH IT WASPREPARED REUSE OF OR IMPRC=ERRE C; WON THIS DOCUMENT BY OTHERS.WITIOUT WrENAUTHORWTION AND ARAE"ATECN BY DAVENPORT.SHALLPEWI_iCJT LIABWTY-DOAVEN'OR- ANDSHALL BEA VIOLATION OF THE AOREEWNT SETWEEA DAVENPORT AND ITS CLIENT. I N FINAL Q 10 5 0 10 20 1" = 20' SHEET W EX -01 r Ogden Market Place NC SAM Summary A perennial stream was identified along the southwestern property boundary of the Ogden Market Place site, located in Wilmington, NC (New Hanover Co). This stream is considered to be an urban stream with the watershed consisting mostly of impervious surface. Little to no streamside interaction occurs. No wetlands are present in the streamside area. Anthropogenic modification of the streamside area has resulted in accelerated drainage into the stream. Fill, soil compaction, buildings, and drainage pipes have all contributed to severe alteration to water storage capacity. The buffer on both banks consists only of weedy herbaceous vegetation less than ten feet wide. The vegetation is severely disturbed in terms of species diversity. Thermoregulation has been degraded by removal of trees and shrubs. The presence of a culvert at the stream origin has resulted in degradation of several functions including direct loss of bed and bank, decreasing floodplain access, channel destabilization, altered geomorphology, and degradation of natural in -stream habitat (NC Stream Functional Assessment Team 2014). The stream in the assessment area is deeply incised and relatively straight. The stream profile and pattern are substantially altered. Foam was observed on the water surface which indicates potential water quality stressors. Aquatic life is largely absent (only one mosquito fish was observed). Please see the attached NC SAM assessment forms, site map, and photo that further describes this on-site conditions. NC Stream Functional Assessment Team. 2014. NC Stream Assessment Method (NC SAM) User Manual, Version 2 (February 2014). 178 pp. NC SAM FIELD ASSESSMENT FORM Accompanies User Manual Version 2 k.arcwaior version c USACE AID* SAW -2014-02256 NCDWR * INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5 -minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT/SITE INFORMATION: 1. Project name (if any): Publix, Market St. 2. Date of evaluation: 9/16/16 3. Applicantlowner name: Robert Berry 4. Assessor name/organization: Corey Novak / LMG, Inc. 5. County: New Hanover 6. Nearest named water body 7. River basin: Cape Fear on USGS 7.5 -minute quad: Howe Creek B. Site coordinates (decimal degrees, at lower end of assessment reach): 34.270349, -77.820430 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): 1 10. Length of assessment reach evaluated (feet): 60 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 10 ❑Unable to assess channel depth. 12. Channel width at top of bank (feet): 20 13. Is assessment reach a swamp steam? ❑Yes ®No 14. Feature type: ®Perennial flow ❑Intermittent flow ❑Tidal Marsh Stream STREAM CATEGORY INFORMATION: 15. NC SAM Zone: ❑ Mountains (M) ❑ Piedmont (P) ® Inner Coastal Plain (1) ❑ Outer Coastal Plain (0) 16. Estimated geomorphic ®A` l El valley shape (skip for Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip ®Size 1 (< 0.1 mil) ❑Size 2 (0.1 to < 0.5 mit) ❑Size 3 (0.5 to < 5 mit) ❑Size 4 (>_ 5 mit) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. El Section 10 water ❑Classified Trout Waters ❑Water Supply Watershed (❑I ❑II ❑III ❑IV ❑V) []Essential Fish Habitat ❑Primary Nursery Area ❑ High Quality Waters/Outstanding Resource Waters ❑Publicly owned property ❑NCDWR Riparian buffer rule in effect ❑Nutrient Sensitive Waters ❑Anadromous fish ❑303(d) List ❑CAMA Area of Environmental Concern (AEC) []Documented presence of a federal and/or state listed protected species within the assessment area. List species: ❑Designated Critical Habitat (list species) 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? ❑Yes ®No 1. Channel Water— assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) ®A Water throughout assessment reach. ❑B No flow, water in pools only. ❑C No water in assessment reach. 2. Evidence of Flow Restriction — assessment reach metric ❑A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams, beaver dams). ®B Not 3. Feature Pattern — assessment reach metric ®A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). ❑B Not A 4. Feature Longitudinal Profile — assessment reach metric ®A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). ❑B Not 5. Signs of Active Instability — assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). ❑A < 10% of channel unstable ❑B 10 to 25% of channel unstable ®C > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB ❑A ❑A Little or no evidence of conditions that adversely affect reference interaction ❑B ❑B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) ®C ®C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide 7. Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. ❑A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) ❑B Excessive sedimentation (burying of stream features or intertidal zone) ❑C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem ❑D Odor (not including natural sulfide odors) ❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch" section. ❑F Livestock with access to stream or intertidal zone n Excessive algae in stream or intertidal zone ❑H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) ®I Other: (explain in "Notes/Sketch" section) ❑J Little to no stressors 8. Recent Weather—watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. ❑A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours ❑B Drought conditions and rainfall exceeding 1 inch within the last 48 hours ®C No drought conditions 9. Large or Dangerous Stream — assessment reach metric ❑Yes ®No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Strearnside Area Ground Surface Condition). 10. Natural In -stream Habitat Types —assessment reach metric 10a. ❑Yes ❑No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) ❑A Multiple aquatic macrophytes and aquatic mosses a N ❑F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) F E ❑G Submerged aquatic vegetation ❑B Multiple sticks and/or leaf packs and/or emergent 6-2 ❑H Low -tide refugia (pools) vegetationY L Eli Sand bottom EI C Multiple snags and logs (including lap trees) L tZ ❑J 5% vertical bank along the marsh ❑D 5% undercut banks and/or root mats and/or roots 02 ❑K Little or no habitat in banks extend to the normal wetted perimeter ®E Little or no habitat REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS 11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11 a. ❑Yes ❑No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11b. Bedform evaluated. Check the appropriate box(es). ❑A Riffle -run section (evaluate 11 c) ❑B Pool -glide section (evaluate 11d) ®C Natural bedform absent (skip to Metric 12, Aquatic Life) 11c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) _ absent, Rare (R) = present but < 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P ❑ ❑ ❑ ❑ ❑ Bedrock/saprolite ❑ ❑ ❑ ❑ ❑ Boulder (256 — 4096 mm) ❑ ❑ ❑ ❑ ❑ Cobble (64 — 256 mm) ❑ ❑ ❑ ❑ ❑ Gravel (2 — 64 mm) ❑ ❑ ❑ Cl ❑ Sand (.062 — 2 mm) ❑ ❑ ❑ ❑ ❑ Silt/day (< 0.062 mm) ❑ ❑ ❑ ❑ ❑ Detritus ❑ ❑ ❑ ❑ ❑ Artificial (rip -rap, concrete, etc.) 11d. ❑Yes ❑No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12. Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams) 12a. ®Yes ❑No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. ❑No Water ❑Other: 12b. ®Yes ❑No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams. ❑ ❑Adult frogs ❑ ❑Aquatic reptiles ❑ ❑Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) ❑ ❑Beetles ❑ ❑Caddisfly larvae (T) ❑ ❑Asian clam (Corbicula) ❑ ❑Crustacean (isopod/amphipod/crayfish/shrimp) ❑ ❑Damselfly and dragonfly larvae ❑ ❑Dipterans ❑ ❑Mayfly larvae (E) ❑ ❑Megaloptera (alderfly, fishfly, dobsonfly larvae) ❑ ❑Midges/mosquito larvae ® ❑Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) ❑ ❑Mussels/Clams (not Corbicula) ❑ ❑Other fish ❑ ❑Salamanders/tadpoles ❑ ❑Snails ❑ ❑Stonefly larvae (P) ❑ ❑Tipulid larvae ❑ ❑Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB ❑A ❑A Little or no alteration to water storage capacity over a majority of the streamside area ❑B ❑B Moderate alteration to water storage capacity over a majority of the streamside area ®C ®C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB ❑A ❑A Majority of streamside area with depressions able to pond water > 6 inches deep ❑B ❑B Majority of streamside area with depressions able to pond water 3 to 6 inches deep ®C ®C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB ❑Y ❑Y Are wetlands present in the streamside area? ON ON 16. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. ❑A Streams and/or springs (jurisdictional discharges) ❑B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) ❑C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir) ❑D Evidence of bank seepage or sweating (iron in water indicates seepage) ❑E Stream bed or bank soil reduced (dig through deposited sediment if present) OF None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. ❑A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) ❑B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) ®C Urban stream (>_ 24% impervious surface for watershed) ®D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach ❑E Assessment reach relocated to valley edge ❑F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ❑A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ®B Degraded (example: scattered trees) ❑C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB ❑A ❑A ❑A ❑A > 100 feet wide or extends to the edge of the watershed ❑B ❑B ❑B ❑B From 50 to < 100 feet wide ❑C ❑C ❑C ❑C From 30 to < 50 feet wide ❑D ❑D ❑D ❑D From 10 to < 30 feet wide ®E ®E ®E ®E < 10 feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB ❑A ❑A Mature forest ❑B M Non -mature woody vegetation or modified vegetation structure ®C ®C Herbaceous vegetation with or without a strip of trees < 10 feet wide ❑D M Maintained shrubs ❑E ❑E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: Abuts < 30 feet 30-50 feet LB RB LB RB LB RB ❑A ❑A ❑A ❑A ❑A ❑A Row crops ❑B ❑B ❑B ❑B ❑B ❑B Maintained turf ❑C ❑C ❑C ❑C ❑C ❑C Pasture (no livestock)/commercial horticulture ❑D ❑D ❑D ❑D ❑D ❑D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB ❑A ❑A Medium to high stem density ❑B ❑B Low stem density ®C ®C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide. LB RB ®A ®A The total length of buffer breaks is < 25 percent. ❑B ❑B The total length of buffer breaks is between 25 and 50 percent. ❑C ❑C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB ❑A ❑A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. ❑B ❑B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or Gearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. ®C ®C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. ❑Yes ❑No Was conductivity measurement recorded? If No, select one of the following reasons. [-]No Water ❑Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). ❑A < 46 ❑B 46 to < 67 ❑C 67 to < 79 ❑D 79 to < 230 ❑E 2:230 Notes/Sketch Stream Site Name Publix, Market St. Stream Category la1 Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 1 Rating Calculator Version 2 Date of Assessment 9/16/16 Assessor Name/Organization Corey Novak / LMG, Inc. Notes of Field Assessment Form (Y/N) NO Presence of regulatory considerations (Y/N) NO Additional stream information/supplementary measurements included (Y/N) NO NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Perennial USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology LOW (2) Baseflow LOW (2) Flood Flow LOW (3) Streamside Area Attenuation LOW (4) Floodplain Access LOW (4) Wooded Riparian Buffer LOW (4) Microtopography LOW (3) Stream Stability LOW (4) Channel Stability LOW (4) Sediment Transport LOW (4) Stream Geomorphology LOW (2) Stream/Intertidal Zone Interaction NA (2) Longitudinal Tidal Flow NA (2) Tidal Marsh Stream Stability NA (3) Tidal Marsh Channel Stability NA (3) Tidal Marsh Stream Geomorphology NA (1) Water Quality LOW (2) Baseflow LOW (2) Streamside Area Vegetation LOW (3) Upland Pollutant Filtration LOW (3) Thermoregulation MEDIUM (2) Indicators of Stressors YES (2) Aquatic Life Tolerance LOW (2) Intertidal Zone Filtration NA (1) Habitat LOW (2) In -stream Habitat LOW (3) Baseflow LOW (3) Substrate LOW (3) Stream Stability LOW (3) In -stream Habitat LOW (2) Stream -side Habitat LOW (3) Stream -side Habitat LOW (3) Thermoregulation LOW (2) Tidal Marsh In -stream Habitat NA (3) Flow Restriction NA (3) Tidal Marsh Stream Stability NA (4) Tidal Marsh Channel Stability NA (4) Tidal Marsh Stream Geomorphology NA (3) Tidal Marsh In -stream Habitat NA (2) Intertidal Zone NA Overall LOW N- ___ - -lam _ Z__ ' NOTE: This is not a survey. All boundaries and distances are considered approximate. This represents a preliminary r sketch prepared from field notes. A survey of delineated areas and review and approval by the US Army Corps of ;, Engineers has been completed. 3 t (Map Source: 2012 NC One Map Aerial Photography.) +.► "' - - - - — — ---- ;--rte _` --- ------ '� SITE 1 r �llq�� flit • ! �a01 1 ♦ /�N �O • k4 , s a111� * i 4 r fr Ir i i, L -j- ir. f ; ® Isolated Wetlands (0.04 acres +/-) —> Stream (Jurisdictional Waters of the U.S.) (tributary of Howe Creek) SCALE 1" = 200' Publix, Market -Middle Sound New Hanover County, NC = NC SAM September 2016 www.LMGroup.net Phone: 910.452.0001 •1.866.LMG.1078 Assessment Area Fax 910.452.0 060 40-14-246 3805 Wrightsville Avenue Wilmington, NC 28403 Y � c 414w 71 r • MAI i �ka f�i Til 3 f •�X � ����: � i • 1 }7j ,,,4`g'`.`:� '-�-ate s,�•1�'•i�..r`�".fi.`. '. "- ;.; ►4art, "��'�. ...r] � .�{'-t�.. +�"'' "'' �/�,. .1�+`µ�3F Publix - Market Street, Middle Sound L Ni New Hanover County, NC NC SAM www.lmgroup.net Assessment Area Photograph September 2016 3805 Wrightsville Avenue LMG # 40-14-246 Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2014-02256 County: New Hanover U.S.G.S. Quad: NC-SCOTTS HILL NOTIFICATION OF JURISDICTIONAL DETERMINATION Applicant: Christian Preziosi, Land Management Group Address: 3805 Wrightsville Ave., Suite 15 Wilmington, North Carolina 28403 Telephone Number: (910) 452-0001 Size (acres) 12.7 Nearest Town Wilmington Nearest Waterway Howe Creek River Basin New. North Carolina. USGS HUC 3030001 Coordinates Latitude: 34.2704550289828 Longitude: -77.8186536459367 Location description: Property is multiple parcels owned by different landowners located at the south corner of Market Street (Hwy 17) and Middle Sound Loop Road, near Ogden, North Carolina. Parcel IDs: R04409-001-001-000, R04409-001-002-000, R04409-001-003-000, R04409-001-004-000, R04409-001-007-000, R04410-004-017-000, R04410- 004-018-000, R04410-004-019-000, R04410-004-021-000 and R04410-004-025-000. Indicate Which of the Following Apply: A. Preliminary Determination _ Based on preliminary information, there may be waters of the U.S. including wetlands on the above described project area . 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 project area 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. on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC 4 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 waters of the U.S. including wetlands on your project area delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The waters of the U.S.s 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. X The waters of the U.S. have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 9/3/2015. 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 _ 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. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA) You should contact the Division of Coastal Management in Wilmington, NC, at (910) 796-7215 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 Emily Hughes at 910-251-4635 or Emily.B.Hughes(&usace.army.mil. C. Basis For Determination: This site exhibits wetland criteria as defined in the Corps of Engineers 1987 Wetland Delineation Manual and Reeional Coastal Plain Supplement and is adjacent to an unnamed tributary to Howe Creek Howe Creek being a Section 10 tidally influenced Waters of the U.S. This determination was made by information provided by Land Management Group Inc. and a desktop determination by Emily Hughes 12/9/2014. D. Remarks: Please be aware that the 12.7 -acre project area contains 0.04 acre of non -jurisdictional, isolated wetlands Please contact the North Carolina Division of Water Resources at (919) 733-1786 to discuss the State's regulations and requirements for these waters. It was determined that these wetlands are not bordering, neighboring or contiguous with any jurisdictional waters. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 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 11/3/2015. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. * * DlglAy signed by HUGHES.EMILV.BURTON.1289073660 HUGHES.EMILY.BURTON.1289073 DIN -US,o U.S. Government, ou=DOD, o—M, ou=USA, cn=HUGHES.EMILV.BURTON.1289073660 Corps Regulatory Official: 660 Date: 2015.09.03 11 ATA 6-04'00' Date: September 3, 2015 Expiration Date: September 3, 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 http://regulatory.usacesurvey.com/. SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http:Ilwtivw.usace.army.mil/Missions/Civi]Works/Re ulato Pro ramandl"ermits.aUx or Corps regulations at 33 CPR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. NOTIFICATION OF ADMINISTRATINIE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Christian Preziosi, L1<1C, Inc. File Number: SAW -2011-02256 Date: 9/3/2015 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C ® APPROVED JURISDICTIONAL DETERMINATION D F-11 PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http:Ilwtivw.usace.army.mil/Missions/Civi]Works/Re ulato Pro ramandl"ermits.aUx or Corps regulations at 33 CPR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. 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. SECTION 11 -REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Attn: Emily Hughes CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division (910) 251-4635 60 Forsyth Street, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: 404 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportuni to participate in all site investiations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Emily Hughes, 69 Darlington Ave., Wilmington, NC 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 LOT 5w2 J .Q 137 EL OLDEN OR % i • is J f —2 j i(; NON -JURISDICTIONAL r 6 %o ISOLATED WETLAND "A' -cm. °" % o L 946 SQ. FT. 0.02 AC. _saa�oenlM7 azr.ar rr_EI \/ w� MARION L. RODERICK, JR ETAL % O@ 5544 O 349 200 Mm a SOUND LV R—'S 169.03' ; N40'09'47 -E uK KAY BLAKE DS 4443 PC 916 r 134 INGIM SOUND L• f R-15 ' SITE VICINITY MAP (NOT_ TO SCALE) SURVEYORS CERTIFICATION 1. CHRISTOPHER JAMES GAGNE. PLS HEREBY CERTIFY THAT THE WETLAND AREAS SHOWN ON THIS MAP WERE SURVEYED AND PLOTTED FROM WETLAND LOCATIONS MARKED IN THE FIELD BY OTHER PARTIES. THIS CERTIFICATION EXTENDS ONLY TO 7 HE LOCATION OF WETLAND FLAGS ESTABLISHED BY OTHERS. CHRIS P JAMES GAG , S p!fA E!( USACOE CERTIFICATION THIS CERTIFIES THA "r THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF TI IE JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS, THIS DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE YEARS FROM THIS DATE. THIS DETERMINATION WAS MADE UTILIZING THE APPROPRIATE REGIONAL SUPPLEMENT TO THE 1987 CORPS OF ENGINEERS WETLAND DELINEATION MANUAL.- REGULATORY ANUAL" REGULATORY OFFICIAL TITLE HUGHES EMILY BU FM�O5�e-O.3.F�em�erRvpre�DoO. owvN4 DATE RTON 1289073660 o";a,�.o o ;o^L„oTON1289023�° USACE ACTION ID LINE TABLE LINE BEARING DISTANCE L1 S15.28'06"W 21-65- L2 S08'06'42'W . ._.... ......_. IUfr 11li B1.IC Rt OX ._..... ___.. ._.� ,..._ ....__ _.... _._ .:- ._._... _. S72'55'26"E 22.16' L4 N28 '29"E 28.27' L5 N36'02'29"W 17.56' L6 _- -N40'09'47•E 17.01' � 139.34 N40'09'47"E 298.15' _ .,, L......._.. - �— - r-- - - --IPF Nor ,.._ .. _._._.. Ips { U J 1 41 � RI CSS LLC i I � 08 5305 PC 924 t : 4 ' LOT 2 LOT 3 , I 0 - 725ZZ rraN¢TST. r; ' ,Ir 1 i I w o ONE Ot ROWAN ASSET 1 !7 { 17134 MARKET STREET: LLC COMPANY LLC 08 5491 PG 2227 { { / J D@ 5697 PC 1813 : / n3a rwaEr sT. / / �. 8x81, { 1 7100 MARKET Sr. { ` � 6-2 I / f i • 1 i :....._..: J { { EXISTING REifNT10N PUNA r i f 1 { -------- wf 1515W 291.81' we 1 { 1 }r r LOT 1 121 EL OGDEN OR ` f f LOT 2 125 0. OWEN OR •{~--- 01 1'.:.0(;1)1\ 1 __--_— MB 14 PC 42 .10NED: R-15 i r� N j i TOP OF BANK JURISDICTIONAL WATERS LOT 3 1 129 FL OCAET! OF THE U.S. 'Op J { (TRIBUTARY OF HOWE TOAL AREA f J CREEK) - - / 555,117± SO. FT. OR 12.744± J� ACRES 1 ' LOT /Q 133 Cl OCAEN OR • I � y r1 r'C ! Oh•/ � Oj — { z h LOT 5w2 J .Q 137 EL OLDEN OR % i • is J f —2 j i(; NON -JURISDICTIONAL r 6 %o ISOLATED WETLAND "A' -cm. °" % o L 946 SQ. FT. 0.02 AC. _saa�oenlM7 azr.ar rr_EI \/ w� MARION L. RODERICK, JR ETAL % O@ 5544 O 349 200 Mm a SOUND LV R—'S 169.03' ; N40'09'47 -E uK KAY BLAKE DS 4443 PC 916 r 134 INGIM SOUND L• f R-15 ' SITE VICINITY MAP (NOT_ TO SCALE) SURVEYORS CERTIFICATION 1. CHRISTOPHER JAMES GAGNE. PLS HEREBY CERTIFY THAT THE WETLAND AREAS SHOWN ON THIS MAP WERE SURVEYED AND PLOTTED FROM WETLAND LOCATIONS MARKED IN THE FIELD BY OTHER PARTIES. THIS CERTIFICATION EXTENDS ONLY TO 7 HE LOCATION OF WETLAND FLAGS ESTABLISHED BY OTHERS. CHRIS P JAMES GAG , S p!fA E!( USACOE CERTIFICATION THIS CERTIFIES THA "r THIS COPY OF THIS PLAT ACCURATELY DEPICTS THE BOUNDARY OF TI IE JURISDICTION OF SECTION 404 OF THE CLEAN WATER ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. UNLESS THERE IS A CHANGE IN THE LAW OR OUR PUBLISHED REGULATIONS, THIS DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED UPON FOR A PERIOD NOT TO EXCEED FIVE YEARS FROM THIS DATE. THIS DETERMINATION WAS MADE UTILIZING THE APPROPRIATE REGIONAL SUPPLEMENT TO THE 1987 CORPS OF ENGINEERS WETLAND DELINEATION MANUAL.- REGULATORY ANUAL" REGULATORY OFFICIAL TITLE HUGHES EMILY BU FM�O5�e-O.3.F�em�erRvpre�DoO. owvN4 DATE RTON 1289073660 o";a,�.o o ;o^L„oTON1289023�° USACE ACTION ID 0 50 100 200 300 400 1 SCALE: 1"=100' f f LINE TABLE LINE BEARING DISTANCE L1 S15.28'06"W 21-65- L2 S08'06'42'W 12.11' L3 S72'55'26"E 22.16' L4 N28 '29"E 28.27' L5 N36'02'29"W 17.56' L6 N88'41'07"W 17.01' 0 50 100 200 300 400 1 SCALE: 1"=100' f f