HomeMy WebLinkAbout20160936 Ver 1_401 Application_20160916September 26, 2016
United States Army Corps of Engineers
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, NC 28403
Attention: Ms. Emily Greer
N.C. Division of Water Resources
401 and Buffer Permitting Branch
512 North Salisbury Street
Raleigh, North Carolina 27604
Archdale Building — 9th Floor
Attention: Ms. Jennifer Burdette
�•rl�
201 60 936
SEP 2 5 2016
Reference: Application for Nationwide Permit No. 39/Water Quality Certification No. 3890
Surf City Retail Development
NC Hwy 210 & NC Hwy 50, Surf City, Pender County, North Carolina
S&ME Project 4305-15-231
Dear Ms. Greer and Ms. Burdette:
On behalf of our client, Surf City Topsail Partners, LLC (See Appendix I), S&ME, Inc. (S&ME) is submitting
this Preconstruction Notification Form for the above -referenced project as application for an U.S. Army
Corps of Engineers (USACE) Nationwide Permit Number 39 (NWP 39) and North Carolina Department of
Environmental Quality (NCDEQ) Water Quality Certification (WQC) No. 3890 for commercial and
institutional developments.
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4PROJECT BACKGROUND
Surf City Topsail Partners, LLC proposes to construct a development to include a ±45,600 square foot
grocery store and 12,430 square feet of retail stores with two outparcels to be developed in the future.
The site is located northwest of the intersection of NC Hwy 210 and NC Hwy 50 in Surf City, Pender
County, North Carolina. See Figures 1 through 10 for additional information. The existing conditions on
the site include abandoned residential homes, agricultural and wooded land. The general land use within
the vicinity of the project includes mostly commercial development to the north and south and
undeveloped forested land to the east and west.
The project consists of approximately 9.91 acres of disturbance. This project includes two outparcel
properties that are not being developed at this time although the stormwater Best Management Practice
S&ME, Inc. 13201 Spring Forest Road I Raleigh, NC 276161 p 919.872.2660 1 f 919.876.39581 www.smeinc.com
Application for NWP No. 39/WQC No. 3890
Surf City Retail Development
#S&ME Surf City, Pender County, North Carolina
S&ME Project No. 4305-15-231
(BMP) sizing will account for a predetermined impervious amount. These outparcels will be permitted with
deed restrictions. Roadway improvements are required by NCDOT to address increased traffic being
generated by the proposed project. A right turn lane is being proposed adjacent to the site along NC Hwy
210, and right turn lanes are being proposed adjacent to the site along NC Hwy 50.
Stormwater runoff from the site will be treated by two wet detention basins and one surface infiltration
basin coupled with underground infiltration pipes. These BMP's have been sized to treat the difference in
runoff between the predevelopment conditions and post development conditions as required by the local
permitting agency. The stormwater and erosion control permitting will be reviewed by Christine Hall at
the Wilmington Office of NCDEQ. The water stored in the ponds will slowly be released via a perforated
pipe which will allow for the water to percolate into the ground as well as recharge the adjacent wetlands.
S&ME delineated the jurisdictional wetlands and waters of the U.S. within the subject property and
submitted a jurisdictional determination (JD) request to Ms. Emily Greer of the USACE Wilmington
Regulatory Field Office on April 12, 2016 and a site meeting was conducted on June 8, 2016 to confirm
the delineation.
The following documents are provided in support of our request:
• Figures: USDA -SCS Soil Survey Exhibit (Figure 1), USGS Topographic Exhibit (Figure 2), Color
Aerial and Topographic Exhibit (Figure 3), Feature Exhibit (Figure 4), LIDAR Exhibit (Figure 5),
National Wetland Inventory Exhibit (Figure 6), National Hydrography Dataset Exhibit (Figure 7),
FEMA Flood Zone Exhibit (Figure 8); NCNHP Elemental Occurrence Exhibit (Figure 9); and
NCSHPO Historic Resource Exhibit (Figure 10).
• Appendix I: Agent Authorization/ Right -of -Entry Form and Pender County GIS Property Maps
• Appendix II: Pre -Construction Notification Form and PCN Attachment
• Appendix III: Wetland Impact Exhibits: Overall Map with Wetland Impact Areas (Exhibit 1),
Wetland Impact Area 1 through 4 (Exhibit 2 through 5),
• Appendix IV: Mitigation Credit Reservation Letter
• Check for $240 (NCDWQ Minor Water Quality Application Fee).
PROPOSED PROJECT IMPACTS & MITIGATION
The proposed development will result in permanent impacts to bottomland hardwood forested riparian
wetlands in four areas (Wetland Impact Areas 1 through 4) as shown on the attached Exhibit 1 through 4
in Appendix III. The total amount of wetland impact for this project is 0.312 -acres and therefore
compensatory mitigation is required to offset these impacts. Appendix IV includes the credit reservation
letter from the Bachelors Delight Private Mitigation Bank located in White Oak Creek HUC 03020302
dated September 9, 2016.
` - IMPACT JUSTIFICATION, MINIMIZATION & AVOIDANCE
The overall project was designed to avoid any stream impacts and to minimize the wetland impacts as
much as possible.
Wetland Impact 1 (0.009 -acres) is needed to meet the developer's overall shopping center retail space
requirements. Additionally, a sidewalk is provided on the wetland side of the building which is needed for
September 26, 2016
Application for NWP No. 39/WQC No. 3890
Surf City Retail Development
#MES� Surf City, Pender County, North Carolina
S&ME Project No. 4305-15-231
pedestrian egress and access from and to the back of the shops. The impacts are also required for a
dumpster enclosure which is required to serve the adjacent shop spaces. This impact has been limited
through the use of a retaining wall.
Wetland Impact 2 (0.203 -acres) is needed to meet the developer's overall shopping center parking ratio
requirements. The main grocery use has program parking requirements and this site is slightly below the
program requirements of that grocer. Accordingly, parking was added to greatest extent feasible while
limiting the wetland impacts. This impact has been limited through the use of a retaining wall.
Wetland Impact 3 (0.005 -acres) is needed to provide adequate space for truck maneuvering in accordance
with program requirements of the grocer. This impact is also required to meet the developer's overall
shopping center parking ratio requirements. The main grocery use has program parking requirements and
this site is slightly below the program requirements of that grocer. Accordingly, parking was added to
greatest extent feasible while limiting the wetland impacts. This impact has been limited through the use
of a retaining wall.
Wetland Impact 4 (0.095 -acres) is needed to provide adequate space for truck maneuvering in accordance
with program requirements of the grocer. This impact is also required to meet the developer's overall
shopping center parking ratio requirements. The main grocery use has program parking requirements and
this site is slightly below the program requirements of that grocer. Accordingly, parking was added to
greatest extent feasible while limiting the wetland impacts. This impact has been limited through the use
of a retaining wall.
Appropriate sediment and erosion control practices equaling those outlined in the most recent version of
the "North Carolina Sediment and Erosion Control Planning and Design Manual" will be used during
construction activities.
CLOSING
By copy of this correspondence and completed PCN, we are requesting your written concurrence with this
NWP No. 39 and WQC No. 3890 permit application. If we can provide additional information or answer
questions you may have, please feel free to contact us at 919.872.2660 or email me directly at
wcole@smeinc.com.
Sincerely,
S&ME, Inc.
Walter Cole, L.S.S. Thomas P. Raymond, P.E.
Project Manager Environmental Area Manager
September 26, 2016
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slopes
COUNTY, SHEET 15 AND THE 2013 RENDER COUNTY PARCEL DATASET. PLEASE NOTE THIS MAP IS
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FOR INFORMATIONAL PURPOSES
ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES.
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THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. S&ME, INC. ASSUMES NO RESPONSIBILITY FOR
W: Water
ANY DECISION MADE OR ANY ACTIONS
TAKEN BY THE USER BASED UPON THIS INFORMATION.
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DATE: 03-18-16
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PROJECT NO:
1 4305-15-231
ENGINEERING LICENSE NO: F-0176
SURF CITY, PENDER COUNTY, NORTH CAROLINA
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THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY
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RESPONSIBILITY FOR ANY DECISION MADE OR ANYACTIONS TAKEN BY THE USER BASED UPON THIS O Project roject Area
SCALE: 1 �� _ 1'000 FIGURE NO.
DATE: #S&ME
USGS TOPOGRAPHIC EXHIBIT
03-28-16
DRAWN BY: A. STEELS 2
WWW.SMEINC.COM SURF CITY RETAIL
PROJECT NO:
4305-15-231 1 ENGINEERING LICENSE NO: F-0176 SURF CITY, FENDER COUNTY, NORTH CAROLINA
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GIS DATA LAYERS WERE OBTAINED FROM THE 2012 NCONEMARCOM AERIAL ORTHOIMAGERY LAYER,
THE 2007 NCDOT LIDAR CONTOUR DATASET FOR FENDER COUNTY, AND THE 2013 PENDER COUNTY
PARCEL DATASET. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT
Wetland cin
MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. THERE ARE NO GUARANTEES ABOUT ITS
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ACCURACY. S&ME, INC. ASSUMES NO RESPONSIBILITY FOR ANY DECISION MADE OR ANY ACTIONS
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Project Area D!
TAKEN BY THE USER BASED UPON THIS INFORMATION.
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DATE: 03-29-16
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WWW.SMEINC.COM
SURF CITY RETAIL
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'ROJECT NO:
4305-15-231
SURF CITY, PENDER COUNTY, NORTH CAROLINA
ENGINEERING LICENSE NO: F-0176
REFERENCE:
GIS DATA LAYERS WERE OBTAINED FROM THE 2007 NCDOT LIDAR ELEVATION AND HILLSHADE
DATASETS AND THE 2013 PENDER COUNTY PARCEL DATASET. PLEASE NOTE THIS MAP IS FOR
INFORMATIONAL PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES.
THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. S&ME, INC. ASSUMES NO RESPONSIBILITY FOR
ANY DECISION MADE OR ANY ACTIONS TAKEN BY THE USER BASED UPON THIS INFORMATION.
.11- 1.. - 500'
*S&ME
WWW.SMEINC.COM
DATE: 03-28-16
DRAWN BY: A. STEELE
PROJECT NO:
4305-15-231
ENGINEERING LICENSE NO: F-0176
Elevation
High : 37
Low: 0
Hillshade
High : 119
Low: 35
LIDAR EXHIBIT
SURF CITY RETAIL
SURF CITY, PENDER COUNTY, NORTH CAROLINA
Project Area
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4305-15-231 1 ENGINEERING LICENSE NO: F-0176 SURF CITY, PENDER COUNTY, NORTH CAROLINA
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SYSTEM FEMA FLOOD DATASET FOR FENDER COUNTY AND THE 2013 PENDER Cn
COUNTY PARCEL DATASET. PLEASE NOTE THIS MAP IS FOR INFORMATIONAL
PURPOSES ONLY. IT IS NOT MEANT FOR DESIGN, LEGAL, OR ANY OTHER USES. 1 % Annual Chance Flood Hazard, BFE Determined
THERE ARE NO GUARANTEES ABOUT ITS ACCURACY. S&ME, INC. ASSUMES NO
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APPENDIX I
AGENT AUTHORIZATION AND RIGHT OF ENTRE' FORM
Date: September 21, 2016
Project Information
S&ME Project Name: Surf City Retail Development
Type of Project: Commercial - - — -- —
Location-. NC Hwy 210 & NC Hwy 50, Surf City, Pender County, NC.
Property Owner/Representative Information
Business Name: Surf City Topsail Partners, LLC
Mailing Address: 1015 Ashes Drive, Suite 201
City, State, Zip Code: Wilmington, NC 28405
Telephone No. (910)_6i_9-7600
Contact: Mr. Rod Young
Agent Information
Business Name:
S&ME, Inc.
Street Address:
3201 Spring Forest Road
City, State, Zip Code:
Raleigh, NC 27616
Telephone No.
919-872-2660
Contact:
Mr. Walter Cole
Authorization: I , on behalf
of
�ot �Signature)
Surf Ci Topsail Partners LLC
(Name of Landowner or Representative)
a duly authorized owner of record of the property/ properties identified herein, hereby authorize
S&ME to act as agent with the USCAE in connection with the above-mentioned project.
I also authorize representatives of the Wilmington District, U.S. Army Corps of Engineers
(Corps) to enter upon the property herein described for the purposes of conducting on-site
investigations and issuing a detennination associated with Waters of the U.S. subject to Federal
jurisdiction under Section 404 of the Clean Water Act and/ or Section 10 of the Rivers and
Harbors Act of 1889.
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PIN: 4235-28-8038-0000
Owner: SMITH WALTER BERNARD et al
1127 REFLEX ST
FAYETTEVILLE, NC 28311
Deed Ref: 3934/232
Property
Address: 13385 NC HWY 50
Description: ON W/S 210 N/S 50
Sale Price: $Null
Acres: 7.93
Pender County
Sale Date: 2011-06-14
Land Value: $216,276
Plat: NOPLAT
Building Value: $120,676
Account No: 938308
Total value: $336,952
1:6,999
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0.2 mi
Township: TOPSAIL
Deferred Value: $0
Subdivision:
Exempt Amount:
0 0.075 0.15 0.3 km
Tax Codes: G01 F32 R40 S64
PCL Class: C
1 inch = 583 feet
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Owner: SMITH WALTER BERNARD et al
1127 REFLEX ST
FAYETTEVILLE, NC 28311
Deed Ref: 3934/232
Property
Address: 50 HWY
Description: L6 ON W/S 50 N/210 J3
Sale Price: $Null
Acres: 0.62
Pender County
Sale Date: 2011-06-14
Land Value: $27,000
Plat: NOPLAT
Building Value: $0
Account No: 938308Total
value: $27,000
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Township: TOPSAIL
Deferred Value: $0
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Exempt Amount:
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Tax Codes: G01 F32 R40
PCL Class: R
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Owner: SMITH WALTER BERNARD et al
1127 REFLEX ST
FAYETTEVILLE, NC 28311
Deed Ref: 3934/232
Property
Address: 13285 NC HWY 50
Description: L5 ON W/S 50 N/210 J3
Sale Price: $Null
Acres: 0.84
Pender County
Sale Date: 2011-06-14
Land Value: $36,590
Plat: NOPLAT
Building Value: $6,897
Account No: 938308
Total value: $43,487
1:6,999
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Township: TOPSAIL
Deferred Value: $0
Subdivision:
Exempt Amount:
0 0.075 0.15 0.3 km
Tax Codes: G01 F32 R40 S64
PCL Class: R
1 inch = 583 feet
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Owner: MCNAIR SHARON SMITH
2037 CORRINNA STREET
FAYETTEVILLE, NC 28301
Deed Ref: 422193
Property
Address: 13305 NC HWY 50
Description: LOT3 & 4 ON WIS 50 N OR & NEAR 210
Sale Price: $Null
Acres:I
Pender County
Sale Date:
Land Value: $43,560
Plat: NOPLAT
Building Value: $49,815
Account No: 971594Total
value: $93,375
1:6,999
0 0.05 0.1
0.2 mi
Township: TOPSAIL
Deferred Value: $0
Subdivision:
ExemptAmount:
0 0.075 0.15 0.3 km
Tax Codes: G01 F32 R40 S64
PCL Class: R
1 inch = 583 feet
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Heated Sq Feet: 1008:
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PIN: 4235-27-7912-0000
Sale Price: $Null
Owner: BATTS J H HEIRS
Sale Date: 1997-03-02
C/O AUDREY BATTS VINER.110 W LAKE RIDGE RD
Plat: 00410005
RAEFORD, NC 28376
Account No: 886092
Township: TOPSAIL
Deed Ref: EE/241
Subdivision:
0.2 mi
Tax Codes: G01 F32 R40
Property
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Address: NC HWY 210 EAST
0 0.075 0.15 0.3 km
Description: 1.06 AC PB 41/5 N/S HWY 210 E
1 inch = 583 feet
Acres: 1.06
Pender County
Land Value: $46,174
Building Value: $0
Total value: $46,174
1:6,999
0 0.05 0.1
0.2 mi
Deferred Value: $0
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ExemptAmount:
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PCL Class: R
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APPENDIX II
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
❑x Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑x No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
❑x 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes[E] No
For the record only for Corps Permit:
❑ Yes ❑x No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑x Yes ❑ No
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 ❑x No
2.
Project Information
2a.
Name of project:
Surf City Retail Development
2b.
County:
Pender
2c.
Nearest municipality / town:
Surf City
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Various see attachment
3b.
Deed Book and Page No.
Various see attachment
3c.
Responsible Party (for LLC if
applicable):
Surf City Topsail Partners, LLC Attn: Rod Young
3d.
Street address:
1015 Ashes Drive, Suite 201
3e.
City, state, zip:
Wilmington, NC 28405
3f.
Telephone no.:
(910) 619-7600
3g.
Fax no.:
3h.
Email address:
rlyoung777@aol.com
Page 1 of 10
PCN Form — Version 1.4 January 2009
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
Walter Cole
5b. Business name
(if applicable):
SME
5c. Street address:
3201 Spring Forest Road
5d. City, state, zip:
Raleigh, NC 27607
5e. Telephone no.:
(919) 872-2660
5f. Fax no.:
5g. Email address:
wcole@smeinc.com
Page 2 of 10
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
Various see PCN attachment
1 b. Site coordinates (in decimal degrees):
Latitude: 34.45116 Longitude: -77.56482
1 c. Property size:
11.45 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Becky's Creek
2b. Water Quality Classification of nearest receiving water:
SA; HQW
2c. River basin:
White Oak (8 -digit HUC: 03020302)
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 existing conditions on the site include abandoned residences and agricultural and wooded land. The general land use within the vicinity of the
project includes mostly commercial development to the north and south and undeveloped forested land to the east and west.
3b. List the total estimated acreage of all existing wetlands on the property: 1.79
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 242
3d. Explain the purpose of the proposed project:
The purpose of the project is to provide this growing area with additional retail options including a grocery store and retail stores.
3e. Describe the overall project in detail, including the type of equipment to be used:
This project includes associated parking, water, sewer, electrical and other utility improvements. Typical 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 /
project (includingall prior phases)in the past?
❑x Yes ❑ No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
❑x Preliminary ❑ Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Walter Cole & Paul Masten
Agency/Consultant Company: S&ME
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
A preliminary JD request was submitted on April 12, 2016 and a site meeting was conducted on June 8, 2016 to confirm the delineation.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes ❑z No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ❑x No
6b. If yes, explain.
Page 3 of 10
PCN Form —Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
El 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.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 P
Fill
Bottomland Hardwood Forest
Yes
Corps
0.009
W2 P
Fill
Bottomland Hardwood Forest
Yes
Corps
0.203
W3 P
Fill
Bottomland Hardwood Forest
Yes
Corps
0.005
W4 P
Fill
Bottomland Hardwood Forest
Yes
Corps
0.095
W5 -
Choose one
Choose one
Yes/No
-
W6 -
Choose one
Choose one
Yes/No
-
2g. Total Wetland Impacts:
0.312
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 -
Choose one
-
-
S2 -
Choose one
-
-
S3 -
Choose one
-
-
S4 -
Choose one
-
-
S5 -
Choose one
-
-
S6 -
Choose one
-
-
3h. Total stream and tributary impacts
3i. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 -
Choose one
Choose
O2 -
Choose one
Choose
03 -
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c. 5d.
Wetland Impacts (acres) Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWO)
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 miti ation then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1 -
Yes/No
B2 -
Yes/No
B3 -
Yes/No
B4 -
Yes/No
B5 -
Yes/No
B6 -
Yea/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10
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.
See PCN Attachment.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
See PCN Attachment.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑x Yes ❑ No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ID Corps
2c. If yes, which mitigation option will be used for this
project?
❑x Mitigation bank
❑Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: Bachelors Delight Mitigation Bank
3b. Credits Purchased (attach receipt and letter)
Type: Riparian wetland
Type: Choose one
Type: Choose one
Quantity: 0.7
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form —Version 1.4 January 2009
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
❑ Yes Ox No
buffer mitigation?
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.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(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 7 of 10
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑x No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
77%
2b. Does this project require a Stormwater Management Plan?
2 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:
Stormwater runoff from the site will be treated by two wet detention basins and one surface infiltration basin coupled with underground infiltration
pipes. These BMP's have been sized to treat the difference between the pre -development and post -development conditions as required by the local
permitting agency. The water stored in the ponds will slowly be released via a perforated pipe which will allow for the water to percolate into the ground
as well as recharge the adjacent wetlands.
2e. Who will be responsible for the review of the Stormwater Management Plan?
Certified Local Government
3. Certified Local Government Stormwater Review
3a. In which localgovernment's jurisdiction is thisproject?
Town of Surf City
❑ Phase II
❑ NSW
3b. Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑x Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes 0 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
❑ Yes ❑ No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form —Version 1.4 January 2009
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
❑x 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)?
1c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (if so, attach a copy of the NEPA or SEPA final approval
❑ Yes
❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑Yes
❑x No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑Yes
Q No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes
❑x No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4.
Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
in the Surf City This flows to
The
wastewater from the site will be conveyed via pipe to the an existing manhole sewer system. system
a sewage
treatment plant and is treated.
Page 9 of 10
PCN Form — Version 1.4 January 2009
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑x No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes x❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
S&ME consulted the North Carolina Natural Heritage Program (NCNHP) Geographic Information Systems (GIS) Element Occurrence (EO) and
Significant Natural Heritage Areas databases for records of endangered or threatened species. See PCN Attachment and Figure 9.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑Q No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http://ocean.floridamarine.org/efh—coral/ims/viewer.htm
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 Q 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?
S&ME reviewed the North Carolina Historic Preservation Office (NCSHPO) GIS web service (http://gis.ncdcr.gov/hpoweb) to identify recorded historic
resources in the vicinity of the project area. See PCN attachment and Figure 10.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yesx❑ No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
2016 NC Flood Risk Information System FEMA Flood Datatset for Pender County.
Willard Walter Cole III
9/26/2016
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10
A. Applicant Information
3. Owner Information
S. Project Information and Prior Project History
1. Property Identification
a. Property Identification No.
Parcel One
Parcel Two
Parcel
Parcel Four
Parcel Five
Property
4235-28-
4235-28-
Three
4235-28-
4235 -27 -
3a. Name(s) on
Walter
Walter
Walter
Sharon Smith
J. H. Batts
Recorded Deed
Bernard
Bernard
Bernard
McNair
Heirs c/o:
Smith, et al.
Smith, et al.
Smith, et al.
Audrey Batts
Viner
3b. Deed Book
3934/232
3934/232
3934/232
422/93
EE/241
and Page No.
3c. Responsible
Party (for
LLC if
applicable):
3d. Street
1127 Reflex
1127 Reflex
1127 Reflex
2037
110 W. Lake
address:
S.
St.
St.
Corrinna St.
Ridge Road
3e. City, state,
Fayetteville,
Fayetteville,
Fayetteville,
Fayetteville,
Raeford, NC
zip:
NC 28311
NC 28311
NC 28311
NC 28301
28376
3f. Telephone
no..
3g. Fax no.:
3h. Email
address:
S. Project Information and Prior Project History
1. Property Identification
a. Property Identification No.
F. Impact Justification and Mitigation
1. Avoidance and Minimization
The overall project was designed to avoid any stream impacts and to minimize the wetland
impacts as much as possible.
Wetland Impact 1 is needed to meet the developer's overall shopping center retail space
requirements. Additionally, a sidewalk is provided on the wetland side of the building which is
Parcel One
Parcel Two
Parcel Three
Parcel Four
Parcel Five
Property
4235-28-
4235-28-
4235-28-
4235-28-
4235 -27 -
Identification
8038-0000
7684-0000
8512-0000
8366-0000
7912-0000
No.
F. Impact Justification and Mitigation
1. Avoidance and Minimization
The overall project was designed to avoid any stream impacts and to minimize the wetland
impacts as much as possible.
Wetland Impact 1 is needed to meet the developer's overall shopping center retail space
requirements. Additionally, a sidewalk is provided on the wetland side of the building which is
needed for pedestrian egress and access from and to the back of the shops. The impacts are also
required for a dumpster enclosure which is required to serve the adjacent shop spaces. This
impact has been limited through the use of a retaining wall.
Wetland Impact 2 is needed to meet the developer's overall shopping center parking ratio
requirements. The main grocery use has program parking requirements and this site is slightly
below the program requirements of that grocer. Accordingly, parking was added to greatest
extent feasible while limiting the wetland impacts. This impact has been limited through the use
of a retaining wall.
Wetland Impact 3 is needed to provide adequate space for truck maneuvering in accordance with
program requirements of the grocer. This impact is also required to meet the developer's overall
shopping center parking ratio requirements. The main grocery use has program parking
requirements and this site is slightly below the program requirements of that grocer.
Accordingly, parking was added to greatest extent feasible while limiting the wetland impacts.
This impact has been limited through the use of a retaining wall.
Wetland Impact 4 is needed to provide adequate space for truck maneuvering in accordance with
program requirements of the grocer. This impact is also required to meet the developer's overall
shopping center parking ratio requirements. The main grocery use has program parking
requirements and this site is slightly below the program requirements of that grocer.
Accordingly, parking was added to greatest extent feasible while limiting the wetland impacts.
This impact has been limited through the use of a retaining wall.
F. Supplementary Information
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
Literature Review
Protected Species
S&ME's review of potential protected species habitat included a literature review of existing
records obtained from federal and state sources. The U.S. Fish and Wildlife Service's current list
of federally protected species was consulted for a listing of protected species within Pender
County, North Carolina. This review identified eleven protected vertebrate species and five
protected plant species. Listed fauna and flora and their federal status are identified in Table 1.
Explanations of rankings are included at the end of the table.
Table 1: Federally Protected Flora and Fauna Summary
Species
Federal Rank*
County Status
Habitat
Present
American Alligator (Alligator
T(S/A)
Current
No
mississippiensis)
Bald Eagle (Haliaeetus
BGPA
Current
No
leucocephalus)
Green Sea Turtle (Chelonia
T
Current
No
mydas)
Hawksbill Sea Turtle
E
Historic
No
(Eretmochelys imbricata)
Kemp's Ridley Sea Turtle
E
Current
No
(Lepidochelys kempii)
Leatherback Sea Turtle
E
Current
No
(Dermochelys coriacea)
Loggerhead Sea Turtle (Caretta
T
Current
No
caretta)
Piping Plover (Charadrius
T
Current
No
melodus)
Red Knot (Calidris melodus)
T
Current
No
Red -cockaded Woodpecker
E
Current
No
(Picoides borealis)
West Indian Manatee (Trichechus
E
Current
No
manatus)
American chaffseed (Schwalbea
E
Historic
No
americana)
Cooley's Meadowrue (Thalictrum
E
Current
No
cooleyi)
Golden Sedge (Carex lutea)
E
Current
No
Rough -leaved Loosestrife
E
Current
No
(Lysimachia asperuaefolia)
Seabeach Amaranth (Amaranthus
T
Current
No
pumilis)
* E = Endangered, T(S/A) = Threatened due to Similarity of Appearance, BGPA = Bald and Golden Eagle Protection Act, T =
Threatened
As part of the literature review, S&ME also consulted the North Carolina Natural Heritage
Program (NCNHP) Geographic Information Systems (GIS) Element Occurrence (EO) and
Significant Natural Heritage Areas databases for records of endangered or threatened species and
environmentally sensitive areas within or near the project site. No element occurrences were
recorded within the project area. Seven Element Occurrences were recorded within one mile of
the project area. These EOs are identified in Table 2.
Table 2: Natural
Heritage Elemental Occurrences within
One Mile of the Project Boundary
Species
Last
Status
EO -11)
Observation
Accuracy
27220
American
2007
State Special Concern
5 — Very Low
Oystercatcher
Haemato uspalliates)
33765
Coppery Emerald
2004 -Pre
State Significantly Rare
5 — Very Low
(Somatochlora
eor Tana
32417
Atlantic Sturgeon
2012-04-04
Federal Endangered,
4 Low
(Aci enser o rinchus)
State Special Concern
16801
Diamondback Terrapin
2008-04-13
Federal Species of
3 — Medium
(Malaclemys terrapin)
Concern, in part, State
Special Concern
25764
Venus Flytrap
2004-06
Federal Species of
2 — High
(Dionaea muscipula)
Concern, State Special
Concern Vulnerable
13552
Brown Bogbutton
1964-09-02
State Threatened
4 — Low
(Lachnocaulon minus
16390
Torrey's Pinweed
1997-07-29
State Threatened
4 — Low
(Lechea torreyi var.
eongesta)
Cultural Resources
S&ME reviewed the North Carolina Historic Preservation Office (NCSHPO) GIS web service
(http:Hgis.ncdcr.yov/hpoweb) to identify recorded historic resources in the vicinity of the project
area. No historic resources were identified on or within one mile of the project area.
APPENDIX III
1 "=125'
GPAPHgC LEGEND
PROPERTY LINE
- - ---
WETLAND
DELINEATION LINE
0.203 ACRES
AREA 3
DISTURBED
WETLAND AREA
AREA 4
JURISDICTIONAL
TRIBUTARY
TOTAL
PROPOSED
RETAINING WALL
PROPOSED BMP
AREA
TOTAL DISTRUBED WETLAND IMPACT
AREA 1
0.009 ACRES
AREA 2
0.203 ACRES
AREA 3
0.005 ACRES
AREA 4
0.095 ACRES
TOTAL
0.312 ACRES
TOTAL PERCENT IMPERVIOUS/PERVIOUS
TOTAL AREA
9.91 ACRES
IMPERVIOUS AREA
7.60 ACRES
PERVIOUS AREA
2.31 ACRES
PERCENT IMPERVIOUS
77%
PERCENT PERVIOUS
23%
12015\NCR152030\DRAWINGS\EXHIBITS\WETLAND IMPACT.DWG PRINTED BY: MHAUBERT 9.21.16 @ 10:40 AM LAST SAVED BY: MHAUBERT
1
1
1
1
I`
N
TV IR
s
TOTAL DISTRUBED WETLAND IMPACT
AREA 1 0.009 ACRES
AREA 2 0.203 ACRES
AREA 3 0.005 ACRES
AREA 4 0.095 ACRES
TOTAL 0.312 ACRES
GRAPHIC LEGEND
PROPERTY LINE
WETLAND
DELINEATION LINE
DISTURBED
WETLAND AREA
JURISDICTIONAL
TRIBUTARY
- -
PROPOSED
RETAINING WALL
PROPOSED BMP
AREA
- -
RETAINING
WALL 1
WALL LENGTH 497 FT
MAX. WALL WIDTH 1.04 FT
UBERT
10 5 2.5 0 10 PROPOSED GROCERY
SURF CITY TOPSAII, PARTNERS, LLC
1 °=10' NC HIGHWAY 210 AND NC HIGHWAY 50, SURF CITY, NC 28445
OHMTME AND-IMPACTAREA 1 BOHLER
ENGINEERING NC, PLLC
MAM DA1E CAD V. RMWNU►BER
NCBELS P-1132
T =10' 910112016 XBO NCR152DI3 PHONE E (918 578= FFA, (819) "
Mil
SCALE'
DATF
can D
,=2(, 9/01016 1 XBO
'11
1
1
1
I
1
1
i
1
1
1
1
i
1
1
1
1
i
1
1
i
1
1
1
1
1
1
1
1
1
\I
1
1
1
1
1
1
1
1
1
1
1
1
i
1
1
1
1
1
I
1
I
1
1
1
1
1
1
1
1
I
1
I
1_ �
AREA 3: 0.005 ACR
EXISTIN
STANDING
M1,194:1
,19 411
\
I
1
\
1
\
1
\
\
1
1
JURISDICTIONAL
TRIBUTARY
- -
PROPOSED
RETAINING WALL
TV
GRAPHIC LEGEND
PROPERTY LINE
•• ••
WETLAND
DELINEATION LINE
DISTURBED
WETLAND AREA
JURISDICTIONAL
TRIBUTARY
- -
PROPOSED
RETAINING WALL
PROPOSED BMP
AREA
- -
DETAINING
WALL 2
WALL LENGTH 262 FT
MAX. WALL WIDTH 1.04 FT
��-RETAINING WALL 2-'
H:\2015WCR152 \DR NG IBITS\WETLAND IL40ACT.DWG PRINTED BY: MHAUBERT 9.16.16 @ 9:27 AM LAST SAVEDY. . MHAUBERT
i
TOTAL DISTRUBED WETLAND IMPACT 10 5 2.5 0 10 MWNME PROPOSED GROCERY
N SURF CITY TOPSAII, PARTNERS LLC
AREA 1 0.009 ACRES �
1 ^=10' NC HIGHWAY 210 AND NC HIGHWAY 50, SURF CITY, NC 28445
AREA 2 0.203 ACRES
TmE
�F 1 AREA 3 0.005 ACRES WETLAND IMPACT AREA 3
Rm ME,
BOHLER
AREA 4 1 0.095 ACRES ENGINEESING NC, PLLC
NCMS P-1132
TOTAL 0.312 ACRESj I �` °ATS cm V. r �1r�srr � D ��
1• =10' 9AU2016 xw NM15= PNONE (919)5161990 FAX mg)mm
1 1
Y i 1
1 /
1 / I
I � i 1
1 I
1
XISTING
-` STANDING
/
WATER
TW 28.95 •,
1
r
BW 28.95 1
I �
TOTAL DISTRUBED WETLAND IMPACT
AREA 1
0.009 ACRES
AREA 2
0.203 ACRES
AREA 3
0.005 ACRES
AREA 4
0.095 ACRES
TOTAL
0.312 ACRES
AREA 4: 0.095 ACRES-,,
1 ,
-RETAINING WALL 3--,,,
-----------------
1 , i
I / r
1 / r
1 r r
1 / r
1 r r
, / r
20 10 5 0 20 1 PRIDIONAME.
1 °= 20'
-------------
TOTAL
----
GRAPHIC LEGEND
PROPERTY LINE
WETLAND
DELINEATION LINE
DISTURBED
WETLAND AREA
JURISDICTIONAL
TRIBUTARY
PROPOSED
RETAINING WALL
PROPOSED BMP
AREA
! ! ! ■�
--------------------;
r
.DWG PRINTED BY: MHAUBERT 9.1: @ 927 AM LAST SAVE Y:/4B��,T
PROPOSED GROCERY
SURF CITY TOPSAIL PARTNERS, LLC
NC HIGHWAY 210 AND NC HIGHWAY 50, SURF CIN, NC,'
&IMME
WETLAND -IMPACT AREA 4
SLUE DAIS GDD. MW MAUR
1• - 20 1 910112016 1 XBO NCR15i
RETAINING
WALL 3
WALL LENGTH 246 FT
MAX. WALL WIDTH 1.04 FT
BOHLER
ENGINEERING NC, PLLC
NCBFIS P•1132
PHONNE1•(919)618= FIXRig) 02®55
APPENDIX IV
BACHELORS DELIGHT MITIGATION BANK
CREDIT RESERVATION LETTER
September 9, 2016
TO: Walter Cole FROM: Bachelors Delight Mitigation Bank
S&ME, Inc. c/o Land Management Group, Inc.
3201 Spring Forest Road 3805 Wrightsville Avenue, Suite 15
Raleigh, NC 27616 Wilmington, NC 28403
Project: Surf City Retail Development (Pender County, NC)
Dear Walter:
Pursuant to your recent updated credit request, Bachelors Delight Mitigation Bank (BDMB) is providing
confirmation of acceptance to supply riparian wetland compensatory mitigation credits for impacts
associated with the Surf City Retail Development Project located in Pender County, North Carolina. This
acceptance is conditional upon receipt of payment as outlined below. Please refer to the table below
depicting the type and quantity of credits requested and reserved for your project.
I
Mitigation Type Credits Requested 1 Credits Reserved
!'Stream 0
Non- Riparian Wetland 0
Riparian Wetland 0.626
0
0
0.7
Note that the BDMB provides wetland credits in 0.1 -acre increments. Based upon receipt of your email
transmitted on September 7, 2016 and our subsequent phone conversation from earlier today, BDMB has
reserved 0.7 riparian wetland credits. These credits are reserved until December 9, 2016. Please contact us
should you require additional time for the credit reservation beyond this date.
Upon request for receipt of credit transfer, BDMB will issue an invoice in the amount of $49,891.10.
Upon receipt of payment, BDMB will provide an executed Transfer of Credit Certificate. Note that all
payments must be made with certified funds. It is the applicant's responsibility to ensure that the credit
types and amounts requested are consistent with the compensatory mitigation requirements of the
permit(s) issued. BDMB and/or its agents are not responsible for determining the applicant's mitigation
requirements. If you have any questions or need additional information, please contact me by phone at
(910) 452-0001 or by email at cpreziosiCaDlmgroup.net.
Sincerely,
Bachelors Delight Mitigation Bank
Christian D -N- v -Mb Aablymland
Management GrouR inc, ou,
Preziosi
Dale: XI16A9II915 W:1) M00'
Christian Preziosi
Agent for Bachelors Delight Mitigation Bank