20081391 Ver 1_401 Application_20080908

0 8- 1 3 9 1
cif
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, North Carolina 28412
910.452.2711 (office) - 910.452.2899 (fax)
Transmittal Letter
Date: September 9, 2008
To: Ian McMillan
Of: 121ZQ - 4a i phi
Attached you will find:*
? Proposal ? Sketch(es) ?x PCN
? JD Package ? Report(s) ? Plans
SEG Proled 0. 07-087.01
CfttNWW-PA *M
I
LGAME Action 11'W. 'SAW-2008-00519
o §@gV9 Q
SEp 11 2008
MW . WATER QUA M BRANCH
WnANDS AND STQRO
? Wetland Map ? Photo(s)
? Information Request ? Other
Copies Dated Description
2 Courtesy copy of Covil Gardens Pre-Construction Notification and
accompanying documents
*If noted items are NOT attached, please contact our office.
These are being delivered:
? For your Review/Comment ?X For your Records ? Returned for Correction(s)
? Corrected and Returned ? For your Signature ? As Requested
? Other:
By: ? Hand Delivery ? Fed-Ex ? UPS ?x Regular Mail ? Other
Notes:
Signature and (Typed) Name: Dana A. L an
Date: 9/9/08

W A ??
08-1 3 9 1
,o
? DUK D?, ?
O T
?
SEP 1 1 2008
DENR - WAI ER QUALITY
WETLANDS AND STORMM IER BRANCH
Office Use Only: Form Ver. Dec. 2007
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1.
II.
Processing
1. Check all of the approval(s) requested for this project:
?X Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP-29
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here:
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
Applicant Information
1. Owner/Applicant Information
Name: Randy Blanton - "Applicant"
Mailing Address: PO Box 10137
Wilmington, NC 28404
Telephone Number: 910.270.1138 Fax Number: 910.270.4683
E-mail Address: cbcc(a)bellsouth.net
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name & Email Address: Dana A. Lutheran (dlutheran&segi.us)
Company Affiliation: Southern Environmental Group, Inc.
Mailing Address: 5315 South College Road, Suite E
Wilmington, NC 28412
Telephone Number: 910.452.2711 Fax Number: 910.452.2899
Page 1 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Covil Gardens Apartments
2. T.I.P. Project Number or State Project Number (NCDOT Only): NA
3. Property Identification Number (Tax PIN): R04917-004-010-000 & R04917-004-090-000
4. Location
County: New Hanover Nearest Town: Wilmington
Subdivision name (include phase/lot number): NA
Directions to site (include road numbers/names, landmarks, etc.): The property is located
at 115 Covil Avenue.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 34.2365°N -77.9038°W
6. Property size (acres): 2.22 acres
7. Name of nearest receiving body of water: Burnt Mill Creek
8. River Basin: Cape Fear River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at htty://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:
The site has been cleared and graded. However, this was accomplished some time ago
and natural re-vegetation has taken place see Attachment 10). An existing structure is
located on the parcel, but will be demolished to make way for future development.
Land use in the vicinity is mostly residential and the two parcels are zone Multi Family
(MF) (see Attachment 9).
Page 2 of 12
The upland area of the subject properly is vegetated with Eupatorium capillifolium,
Liquidambar s raciflua, Ouercus virginiana. There was no evidence of hydrology
within 24 inches of the surface in the upland portion of the site.
The wetland feature on this tract is vegetated with: Acer rubrum, N sy sa sylvatica var.
biflora, Juncus efffusis, Tvpha angustifolia, Carex M., and Polygonum hydropiperoides
Indicators of hydrology include drainage patterns in wetlands, water stained leaves,
and a prevalence of species with an indicator status that was wetter than facultative.
Saturated soil was found at 12 inches below the surface. The feature could be classified
as a bottomland hardwood depression. This depression is connected by a man-made
ditch, to Burnt Mill Creek. The main functions of the feature are stormwater retention
and removal of pollutants and sediments from stormwater runoff.
The general land use in the vicinity of the subject parcel is mostly residential. A large
portion of the land adjacent to the subject property remains undeveloped. A few
commercial endeavors are scattered throughout the general region, but the main land
use appears to be mostly residential.
10. Describe the overall project in detail, including the type of equipment to be used:
Heavy machinery such as a backhoe and bull dozer will be utilized to further grade the
landscape and construct the proposed buildings, amenities and attendant features.
11. Explain the purpose of the proposed work:
In order to construct the proposed apartment complex, amenities, and associated
attendant features, approximately 0.05 acre (2,178.0 SF) of 404 jurisdictional wetlands
will need to be filled. In addition, 0.016 acre (712.3 S of temporary impacts are
anticipated with the construction of the retaining wall (see Attachments 2 and 3).
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
USACE Jurisdictional Determination: SAW-2008-00519 (see Attachment 7)
D_ Q Stormwater Permit: SW8 080317 (see Attachment 12)
NHC Sediment and Erosion Control Permit: Submitted and under review
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Page 3 of 12
No future permits are anticipated.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts:
The permanent fill of 0.05 acre (1,928.9 sf) of a bottomland hardwood depression is
proposed. The fill is needed to provide a stable building pad, parking, stormwater
management systems, as well as provide adequate area for the proposed pool and
deck (see Attachment 2).
To ensure that no unauthorized disturbance occurs within jurisdictional wetlands,
in areas that abut or are relatively adjacent to wetlands, a construction buffer of 5'
off the wetland fine is being incorporated into the plan (see Attachments 2 and 3).
The Appficant anticipates the potential for 0.016 acre (712.3 SF) of temporary
impacts to occur (see Attachments 2 and 3). Once construction has been completed,
these areas will be restored to their pre-existing, natural state. This will be
accomplished by removing any sediment that may have fallen into the area and then
seeding with an wetland seed mix.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For
dams, separately list impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of

Site Number Type of
(e.g., forested
marsh 100-year Nearest Impact

(indicate on map) Impact ,
,
herbaceous, bog, etc.) Floodplain Stream (acres)
es/no linear feet

1
Fill Bottomland hardwood
NO
NA
0.05
depression

A
Temporary Bottomland hardwood
NO
NA
0.014
depression
B Temporary Bottomland hardwood NO NA 0.002
depression
Total Wetland Impact (acres) 0.07
3. List the total acreage (estimated) of all existing wetlands on the property: 0.18 Ac.
Page 4 of 12
4. Individually list all intermittent and perennial stream impacts. Be sure to identify
temporary impacts. Stream impacts include, but are not limited to placement of fill or
culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement
walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream
relocation is proposed, plans and profiles showing the linear footprint for both the
original and relocated streams must be included. To calculate acreage, multiply length X
width, then divide by 43,560.
Stream Impact
Number
indicate on ma Strea
m
Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
linear feet Area of
Impact
acres

Total Stream Impact (by length and acreage) NA
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds,
Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not
limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water
Impact Name of Type of Waterbody Area of

Site Number Waterbody Type of Impact (lake, Pand estuary, sound, bay, Impact
indicate on ma (if applicable) ocean, etc.) (acres)

Total Open Water Impact (acres) NA
6. List the cumulative impact to all Waters of the U.S. resulting from the nroiect:
Stream Im act acres : 0.0
Permanent Wetland Impact (acres): 0.05
Temporary Wetland Impact acres : 0.016
Open Water Impact acres : 0.0
Total Permanent Impact to Waters of the U.S. acres 0.05
Total Stream Impact linear feet : 0.0
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ® uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Excavation
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Stormwater
Page 5 of 12
Current land use in the vicinity of the pond: Residential
Size of watershed draining to pond: NA
Expected pond surface area: NA
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
The Applicant is proposing to construct three apartment buildings, each consisting of 12
units per building, with an amenity pool and attendant features on 2.22 acres. According
to City of Wilmington Zoning Ordinance 18-532 - Parking Schedule, a maximum of 2.5
parking spaces per unit is required and a minimum of 2.25 parking space, for units with 3
bedrooms or more, as well as 2 handicapped spaces are required for the proposed
development. In addition, all local setbacks for MF zoning must be adhered to.
In order to minimize impacts to wetlands, the Applicant has incorporated a retaining wall.
Without utilization of the retaining wall, a total of 0.09 acre (3,920.4 SF) of wetlands would
need to be filled, thus the incorporation of the retaining wall reduces the impacts associated
with the development by 0.04 acre (1,750 SF) (see Attachment 12).
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland and/
or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Page 6 of 12
Draft Technical Guide for Stream Work in North Carolina (see DWQ website for most current
version.).
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Proposed Compensatory Mitigation:
The Applicant is proposing mitigation through two avenues: (1) payment for 0.10
acre of wetland credit to the North Carolina Ecosystem Enhancement Program (NC
EEP) and (2) the strict preservation of all remaining on-site wetlands (5,675.5
square feet / 0.13 acre).
1) Payment to NC EEP:
Pursuant to the Army Corps of Engineer's new rules regarding Compensatory
Mitigation for Losses of Aquatic Functions, baseline information regarding the
impact sites, as well as the determination of credits, will be the only two of the
twelve components of mitigation discussed with regard to NC EEP:
The soils present in the proposed impact area is mapped by the New Hanover
County Soil Survey as Seagate fine sand (see Attachment 11). "Most of the acreage
is used for residential and industrial sites."'
According to NC EEP's website, "EEP facilitates responsible economic development
across North Carolina by offsetting unavoidable damage to the environment. EEP
manages the restoration and enhancement of streams and wetlands statewide in
Ethel In-Lieu Fee program, through which the state contracts with private-sector
companies to perform the needed offsets". Payment to NC EEP, in an amount
sufficient to offset the proposed impacts, will assist the Applicant in achieving the
"no net loss" of wetlands policy set forth by the Corps. Pursuant to the
Memorandum of Understanding between the NC EEP (a division of the NC DENIZ)
and the USACE, once payment is made to NC EEP, they are then responsible for
the compensatory mitigation specified within the issued USACE permit in this case,
compensation to adequately offset the loss of 0.05 acre of non-riparian wetland.
Payment to NC EEP is offered at an a 2:1 ratio, for non-riparian wetland impacts
(see Attachment 6). The main function provided by this system is the storage of
stormwater. Although it is presumed that mitigation will not take place within close
proximity to the impacted site, the mitigation performed by the NC EEP is
anticipated to be successful. Therefore, SEGi feels that 0.10 acre of mitigation
through the NC EEP In-Lieu Fee Program will sufficiently replace lost aquatic
functions, which are anticipated to occur with the development of the subject parcel.
Page 7 of 12
Temporal losses of the aquatic functions of the system will be avoided by the use of
on-site stormwater BMPs and sedimentation and erosion controls.
2) Preservation of Remaining On-site Wetlands:
In accordance with the Corps' new Compensatory Mitigation rules, the twelve
components of mitigation will be discussed, with regard to the proposed
preservation area:
Objectives: The Applicant will be preserving the remainder of on-site wetlands,
totaling 0.13 acre (5,675.5 square feet). The feature is connected, via ditch, to Burnt
Mill Creek, which indirectly drains to the Cape Fear River. Preservation will
protect the remaining on-site wetlands in perpetuity big appropriate
restrictions or covenants. These restrictions prohibit harmful activities that might
otherwise jeopardize the purpose and function of remaining wetlands. These
restrictions include: no filling; no grading; no construction of walkways, roads, etc.;
no activities which may alter on-site drainage patterns; and, no alteration of
vegetation on the property.
Preservation of this land will ensure that hydrologic values, water quality values,
and habitat values in the Cape Fear River basin remain. The preservation easement
will be designed to ensure perpetual protection of the wetlands and will be binding
to the property (see Attachment 5).
Site Selection: The preservation area will be located on the subject parcel. Wetland
preservation will be beneficial to the feature because the preserved wetlands will
serve a multitude of beneficial purposes: filtration of pollutants from run-off;
natural water qualiimprovements; and, flood storage.
Site Protection Instrument: Preservation will be accomplished by utilizing the
Model Declaration of Restrictions, found on the Army Corps of Engineer's website,
and recording the document and associated exhibit map with the New Hanover
County Register of Deeds (see Attachments 4 and 5). The Model Declarations are
enforceable by the United States Army Corps of Engineers. The site protection
instrument will run with the subject property and be binding on all parties that
have, or shall have, any right, title, or interest in the property.
Baseline Information: The area could be classified as a bottomland hardwood
depression. Historic photographs and soil surveys indicate the feature could have
been a substantial isolated wetland that was degradated by ditching and fill
associated with urban development. Today the feature provides flood storage of
residential stormwater runoff.
The soils present in the proposed impact area are mapped by the New Hanover
County Soil Survey as Seagate fine sand.
Page 8 of 12
Indicators of hydrology include inundation, and a prevalence of species with an
indicator status that was wetter than facultative. Saturated soil was found at 12
inches below the surface.
The feature can provide valuable wildlife habitat. The variety of plants found there
provide good cover and fruit- and nut-bearing plants for some songbirds and
mammals such as raccoons, rabbits, opossums, deer and gray squirrels. Ponding
water is valuable for adults and larvae of amphibians. However, the feature may
be too dry, during certain times of the year, to support their existence.
Determination of Credits: The ratio of preservation is limited by the amount of
wetlands remaining on the subject parcel. Only 0.13 acre of the feature will remain
once the development is complete. The Applicant does own six additional properties
in New Hanover County. The PIN associated with these properties are
R01800-002-004-002 R04519-001-0014-000 R04914-002-025-001 R04917-004-009-000
R04917-004-010-000, and R05707-002-034-000. However, these properties have been
developed and show no visible wetlands to offer as additional preservation (see
Attachment 14). Thus, the preservation ratio was determined, and limited, by the
amount of remaining wetlands on-site.
Mitigation Work Plan: The boundaries of the preservation area were determined
by contracting a surveyor to obtain the metes and bounds of all remaining on-site
wetlands. As the Applicant is offering, preservation, not restoration, enhancement
or creation, the remaining information requested in this section is not applicable to
the mitigation offer proposed for this project.
Maintenance Plan: A maintenance plan is not required for preservation, as the
model declaration of restrictions, to be recorded in the New Hanover County
Register of Deeds, will ensure the wetlands remain in their natural condition (see
Attachment 10).
Performance Standards: The performance standards have been included in the
model declaration of restrictions. Adherence to the restrictions, covenants and
conditions within the model declaration of restrictions will ensure the compensatory
mitigation area is achieving its objectives.
Monitoring Requirements: Visual inspection of the preservation area will be
sufficient to determine if the components of the model declaration of restrictions are
being adhered to. The model declarations allow for the "Corps, its employees and
agents and its successors and assigns, [to] have the right, with reasonable notice, to
enter the Property at reasonable times for the purpose of inspecting the Property to
determine whether the Declarant, Declarant's representatives, or assigns are
complying with the terms, conditions and restrictions of this Conservation
Declaration". Thus, the Corps has the right to enter the grope and perform a
compliance inspection on the preservation area.
Long-term Management Plan: The recordation of the model declarations of
restrictions will serve as the long-term management plan. According to the model
declarations, "This Declaration is intended to ensure continued compliance with the
Page 9 of 12
mitigation conditions of authorizations issued by the United States of America, US
Army Corps of Engineers, Wilmington District, and therefore may be enforced by
the United States of America. This covenant is to run with the land and shall be
binding on all parties and persons claiming under the Declarant".
Adaptive Management Plan: An adaptive management plan should not be
necessary for the proposed preservation area. The Applicant anticipates the
preservation area will succeed, as the methods of protection put into place, namely,
recordation of the model declaration of restrictions, will ensure perpetual
preservation of the remaining on-site wetlands. However, the Applicant cannot
guarantee the survival of the resource. Therefore, should the resource's functions
or values be negatively altered due to natural or man-made events outside the
Applicant's control, remediation will not be offered.
• Financial Assurances: Financial assurances should not be necessary for the
proposed preservation area The preservation mechanism, recorded with the New
Hanover County Register of Deeds, should provide a high level of confidence that
the mitigation area will be preserved in perpetuity.
In summary, to offset the 0.05 acre of impacts to 404 jurisdictional wetlands
associated with the development of the property, the Applicant is proposing to make
payment to the NC EEP In-Lieu Fee Program for 0.10 acre of non-riparian
mitigation credit (2.1), in addition to preserving the remaining wetlands located
within the project boundaries In total, 0.13 acre of non-riparian wetlands will be
placed into strict preservation (see attached NC EEP Acceptance Letter, Draft
Preservation Language and accompanying Exhibit Map).
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://www.nceep.net/pages/inlieurgplace.htm. If use of the NCEEP is proposed,
please check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): 0.0
Amount of buffer mitigation requested (square feet): 0.0
Amount of Riparian wetland mitigation requested (acres): 0.0
Amount of Non-riparian wetland mitigation requested (acres): 0.10
Amount of Coastal wetland mitigation requested (acres): 0.0
1. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No 0
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Page 10 of 12
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
IX. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? . No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
* I Impact I I Required
Zone e.1. Multiplier *,f,4:
I
1 3 (2 for Catawba)
2 1.5
Total NA
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
X. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
The proposed development is intended to be high density.
Existing Impervious Area: 0.02 ac. ( 1,050.0 SF)
Page 11 of 12
Total Area of Site: 2.22 ac. ( 96,703.2 SF)
Proposed Impervious Area: 1.17 ac. ( 50,760.0 SF)
% Impervious Area: 52%
XI. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Sewer will be provided at the municipal level.
II. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No 0
Is this an after-the-fact permit application? Yes ? No 0
XII. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No 0
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
The proposed development is not anticipated to result in future impacts, which could
impact nearby downstream water quality. 'This is an independent development, not
associated with any other development. Implementation of an approved sedimentation and
erosion control plan and stormwater mechanisms will control potential impacts to adjacent
and downstream jurisdictional features.
XIII. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Zook'
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12

II
ss
v
v
0

0
®% C co
a '.7 n?
$mmW ((D ?v
1000 iy.
m 1 p
t
x
K) (A
(A O CC1?

4 D 10UN DARY

. 1Z Z! 2

X
O _
O O ?
O O
O
r..

Z

Z
D > _

w
m
mN
r
OF
00
?m
D
1
f
Z
? °0
?o
r
mw
vm
N
0
;1
0
?_0
'o
N V1
O R1
0
v
?z
00
0;
v
`! .
1p Q .
0;. . .
O 0
.. O
V
D
n
D
r 00 7 (D
0
N
co
.•
.P
O M
? V
0 0 PROFILE AND PLAN VIEW OF IMPACT AREA 10
C)
0 o 0 A COVIL GARDENS
m = ?? WILMINGTON, NEW HANOVER COUNTY
CD i,,,,,
''i
??' ii NORTH CAROLINA
v v W?7 \\\\1111111;????
00
V II'I02IV0 HDION `NO,L NINI'IIM
?m
a_ w
%,o
SNLqC[ZIV-D rIIAO;D 0
y Z
'rIOZ1,LNOO NOIS02151 `aD'VNIVZIQ `DHIQV2ID `a,LIS P. \VQ wt?
'??? II , o r]
Aj/
^RbbNb yam + g:R bbbMB y x bb b 1t ?j bbb
s
fill X1114 11 1
OR of I
fill !1181, If I I fill 11 11, 11 lei .1,
yy Bp

?go
?0
?o
LLI
LL J o
V)
0
CC)
co
O
W
U
z Q
T? ? -4 CO
a
Z O z CO CO (5
cD
? ID
W
W
O O O W
iiornrna
U
00
°o
m
Cn c
Z .o
O o
V) V
N
L LJ p
cy-
O
0
WOO"&
p ?'? 7MilOW/v

V c
c
?
F-
u N
T°1
a UJ
V
V

In
I-
z
Southern environmental Group, Inc.
5315 South College Road, Suite r • Wilmington, North Carolina 28+12
910.452.2711 • Fax: [phone] • [e-mail]
www.segi.us
September 9, 2008
Hand Delivery
Ms. Kim Garvey
Wilmington Regulatory Field Office
US Army Corps of Engineers
Post Office Box 1890
Wilmington, NC 28402-1890
Re: Proposed Covil Garden Apartments [SEGi Project #07-097.011
Pre-Construction Notification for NWP-29
USACE Classification: SAW-2008-00519
Dear Ms. Garvey:
This letter is in reference to the proposed development of Covil Garden Apartments, to be located at
115 Covil Avenue, in New Hanover County, North Carolina. Mr. Randy Blanton has retained Southern
Environmental Group, Inc. (SEGi) to apply for and obtain Department of the Army approval to utilize
Nationwide Permit 29 for those impacts to 404 jurisdictional wetland associated with the proposed
development. New Hanover County Parcel ID#'s allocated to the two parcels are R04917-004-009-000
and R04917-004-010-000.
The two tracts are comprised of approximately 2.22 acres, of which 0.18 acre is considered
jurisdictional wetlands. Jessica Hooten verified SEGi's wetland delineation on 11 February 2008 and
issued the Jurisdictional Determination on 21 March 2008 under AID # SAW-2008-00519. One can
locate the site by heading south on Hwy 17 Business toward Wilmington and then taking a left onto
Covil Avenue. The site will be approximately 0.3 miles down on the left, just before the intersection of
Covil Avenue and Broad Street.
A portion of the eastern third of the property exhibits wetland characteristics that resemble a
depressional bottomland hardwood forest. The feature is connected, via jurisdictional ditch, to Burnt
Mill Creek, which eventually drains to Smith Creek, and finally the Cape Fear River. Vegetative
species found there consists ofAcer rubrum (red maple), Nyssa sylvatica var biflora (black gum),
Juncus effusis (soft rush), Typha angustifolia (narrowleaf cattail), Carex spp. (sedge), and Polygonum
hydropiperoides (swamp smartweed). Functions of this feature entail stonnwater storage and removal
of pollutants and sediments. It appears from historical aerial photographs and the soil survey, the
wetland feature could have been part of a larger isolated depression. The soil, in the proposed impact
area, is mapped by the New Hanover County Soil Survey as Seagate fine sand (see Attached USDA
Soil Survey for New Hanover County). However, due to the excavation of the ditch, the area drained
and was eventually developed.
The purpose of the project is to provide housing to an area that is experiencing rapid growth. It is the
intention of the Applicant to construct a multi-family residential community that will consist of three
buildings, housing thirty-six two and three bedroom units, amenities center and attendant features on
the combined 2.22 acre tract. It is anticipated that permanent impact to 0.05 acre and temporary impact
of 0.016 acre will occur with the construction. The proposed impacts are neither located within the 100
flood zone nor adjacent to tidal waters.
In order to offset unavoidable impacts to 404 wetlands and the temporal losses of functions performed
by the system, the Applicant is proposing mitigation through three avenues: (1) Minimization; (2) 2:1
credit for mitigation through NC EEP; and (3) preservation of all remaining on-site wetlands. By
incorporating a retaining wall, impacts to wetlands were reduced by 0.04 acre. Payment for 0.10 acre
of wetland credit to the North Carolina Ecosystem Enhancement Program (NC EEP) has been accepted,
and strict preservation of 0.13 acre of wetland is proposed. In addition, erosion control measures will
be in place prior to any land disturbing activity, thus reducing the potential for sediment to enter into the
system and potentially downstream waters.
In summary, the Applicant is requesting Department of the Army approval to utilize the Nationwide
Permit 29 to permanently impact 0.05 acre and temporarily impact 0.016 acre of wetlands for the
purpose of constructing a 108 unit apartment complex, with attendant features, at 115 Covil Avenue, in
Wilmington, North Carolina. As compensatory mitigation for those proposed impacts, the Applicant is
proposing to utilize a retaining wall, which will minimize impacts to wetlands to the fullest extent
possible, payment for 0.10 acre of mitigation to the NC EEP, and strict preservation of the remaining
0.13 acre of wetlands.
At this time, SEGi is requesting the review and processing of the Pre-Construction Notification and
accompanying documentation for the proposed Covil Gardens. Should you have questions or concerns
regarding the context of this letter or the attached documentation, please feel free to contact our office
at 910.452.2711. Thank you in advance for your assistance with this project and we look forward to
hearing from you.
Sincerely,
Dana A. Lutheran
Project Manager
Enclosures: Attachment 1 - Pre-Construction Notification
Attachment 2 - Site, Grading, Drainage, Erosion Control, Stormwater Management and
Utility Plan (1 at 24" x 36" - To Scale and 1 at 11" x 17" - Not to Scale)
Attachment 3 - Profile and Plan View of Impact Area
Attachment 4 - Exhibit A - Preliminary Wetland Preservation Map
Attachment 5 - Declaration of Preservation Document
Attachment 6 - NC EEP Acceptance Letter
Attachment 7 - Jurisdictional Determination Tear Sheet and Signed Boundary Map
Attachment 8 - Vicinity Maps (2 scales)
Attachment 9 - New Hanover County Parcel ID Information
Attachment 10 -Aerial Photograph
Attachment 11 - USDA, New Hanover County Soil Survey
Attachment 12 - DWQ Stormwater Permit SW8 080317
Attachment 13 - Impacts to Wetlands without Retaining Wall Exhibit
Attachment 14 - Letter of Agency
cc: Randy Blanton - Applicant
Ian McMillan - 401 Wetlands Unit, Raleigh ( Z>
Chad Coburn - 401 Wetlands Unit, Wilmington
VNII' OHYD HIHON 'NO,LJNI nU
sNaQQ1V-D MAOD
z _
dM xOLLVAHassad axru-u A2IVNIHr ad-v d, aum

7
z

oI gge?tt
q?g ON
mOX:

;$
d,
= Q N v
a
al it. ;
N
*k 0?
fib Ions
a?
w n ? n o ? o
d
hall
??to
66 d
1E99-694-018 X93
0019-99k-018 auoTI[d
TOM eu110i93 WON 'uo;8uiUIIIA
;aas7S jnu}ssgO elt
O'd `DRIMIXIDHa ddRU
!3? ?R ??R $oR ?b??? ? x ?rbc?pp be
^m N_' ? N t
n
mH
na?
oa_-
?- ?z
zz?o I
G IYfs
?ry
0
I,
0
R hah
em
ri?o
aas
8
k
o
R
ooaz?
zi8 (?
I nZ2N
QWmO?
GON
a?
_ 1?2I ?1Tflad .09 -

1

Zp^I
?
5 g
y
O I
N

m
0
aS2?
MN
a?
T ? ? O
`J W O
E
7g ?
3
a
Ai

MODEL DECLARATION OF RESTRICTIONS
August, 2003
STATE OF NORTH CAROLINA
IAA 4anvyev- COUNTY
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and
RESTRICTIONS (" ") is made on this day of ,
200, by 2anay 10--Aan-k o n , " v41pPJ
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Conservation
Property (Property) being approximately 0. l 3 acres, more particularly described in
Exhibit A attached hereto and by this reference incorporated herein [reference to a
recorded map showing a survey of the preserved area may be required]; and
B. The purpose of this Conservation Declaration is to maintain wetland and/or
riparian resources and other natural values of the Property, and prevent the use or
development of the Property for any purpose or in any manner that would conflict with
the maintenance of the Property in its natural condition. The preservation of the Property
in its natural condition is a condition of Department of the Army permit Action ID
80.w - zoog-c og%ssued by the Wilmington District Corps of Engineers (Corps), required
to mitigate for unavoidable impacts to waters of the United States authorized by that
permit, and this Conservation Declaration may therefore be enforced by the United States
of America.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that
the Property shall be held and subject to the following restrictions, covenants and
conditions as set out herein, to run with the subject real property and be binding on all
parties that have or shall have any right, title, or interest in said property.
ARTICLE I. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purposes of this
Conservation Declaration is prohibited. The Property shall be maintained in its natural,
scenic, and open condition and restricted from any development or use that would impair
or interfere with the conservation purposes of this Conservation Declaration set forth
above.
Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited or restricted.
A. Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the Property or any introduction of non-native
plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building,
mobile home, asphalt or concrete pavement, billboard or other advertising display,
antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or
permanent structure or facility on or above the Property.
C. Industrial, Commercial and Residential Use. Industrial, residential and/or
commercial activities, including any right of passage for such purposes are prohibited.
D. Agricultural, Grazing and Horticultural Use. Agricultural, grazing, animal
husbandry, and horticultural use of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting
or mowing of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways
on the property.
G. Signage. No signs shall be permitted on or over the Property, except the
posting of no trespassing signs, signs identifying the conservation values of the Property,
signs giving directions or proscribing rules and regulations for the use of the Property
and/or signs identifying the Grantor as owner of the property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or other
materials on the Property is prohibited.
1. Excavation. Dredging or Mineral Use. There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any manner
on the Property, except to restore natural topography or drainage patterns.
J. Water Quality and Drainage Pattern. There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or alteration
of the restored, enhanced, or created drainage patterns. In addition, diverting or causing
2
or permitting the diversion of surface or underground water into, within or out of the
easement area by any means, removal of wetlands, polluting or discharging into waters,
springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.
K. Development Rights. No development rights that have been encumbered or
extinguished by this Conservation Declaration shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or
may become inconsistent with the purposes of this grant, the preservation of the Property
substantially in its natural condition, or the protection of its environmental systems, is
prohibited.
ARTICLE II. ENFORCEMENT & REMEDIES
A. This Declaration is intended to ensure continued compliance with the
mitigation condition of authorizations issued by the United States of America, U.S. Army
Corps of Engineers, Wilmington District, and therefore may be enforced by the United
States of America. This covenant is to run with the land and shall be binding on all
parties and all persons claiming under the Declarant.
B. Corps, its employees and agents and its successors and assigns, have the
right, with reasonable notice, to enter the Property at reasonable times for the purpose of
inspecting the Property to determine whether the Declarant, Declarant's representatives,
or assigns are complying with the terms, conditions and restrictions of this Conservation
Declaration.
C. Nothing contained in this Conservation Declaration shall be construed to
entitle Corps to bring any action against Declarant for any injury or change in the
Conservation Property caused by third parties, resulting from causes beyond the
Declarant's control, including, without limitation, fire, flood, storm, and earth movement,
or from any prudent action taken in good faith by the Declarant under emergency
conditions to prevent, abate, or mitigate significant injury to life, damage to Property or
harm to the Property resulting from such causes.
ARTICLE III. PUBLIC ACCESS
A. This Conservation Declaration does not convey to the public the right to
enter the Property for any purpose whatsoever.
3
ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Condition. The Declarant represents and
acknowledges that the Property is currently undeveloped land, with no improvements
other than any existing utility lines, Declarations and rights of way.
B. Title. The Declarant covenants and represents that the Declarant is the
sole owner and is seized of the Property in fee simple and has good right to make the
herein Declaration; that there is legal access to the Property, that the Property is free and
clear of any and all encumbrances, except Declarations of record.
ARTICLE V. MISCELLANEOUS
A. Conservation Purpose.
(1) Declarant, for itself, its successors and assigns, agrees that this
Conservation Property shall be held exclusively for conservation purposes.
B. Entire Agreement. This instrument sets forth the entire agreement of the
parties with respect to the Conservation Declaration and supersedes all prior discussions,
negotiations, understandings or agreements relating to the Conservation Declaration. If
any provision is found to be invalid, the remainder of the provisions of this Conservation
Declaration, and the application of such provision to persons or circumstances other than
those as to which it is found to be invalid, shall not be affected thereby.
C. Recording. Declarant shall record this instrument and any amendment
hereto in timely fashion in the official records of County, North Carolina,
and may re-record it at any time as may be required to preserve its rights.
D. Environmental Condition of Conservation Property. The Declarant
warrants and represents that to the best of its knowledge after appropriate inquiry and
investigation: (a) the Property described herein is and at all times hereafter will continue
to be in full compliance with all federal, state and local environmental laws and
regulations, and (b) as of the date hereof there are no hazardous materials, substances,
wastes, or environmentally regulated substances (including, without limitation, any
materials containing asbestos) located on, in or under the Property or used in connection
therewith, and that there is no environmental condition existing on the Property that may
prohibit or impede use of the Property for the purposes set forth in the Recitals.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and
year first above written.
[Signature of Declarant in proper form]
4
Y
wstemj-
,
emel F 3
PROGRAM
,4 1fach m zfw,)4- 4
August 21, 2008
Randy Blanton
P.O. Box 10137
Wilmington, NC 28404
Project: Covil Gardens
Expiration of Acceptance: May 21, 2009
County: New Hanover
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
Riv,
,
r CU Stream (feet) Wetlands (acres) Buffer I Buffer II
F
i
, Location (Sq. Ft.) {Sq. Ft.)
Cold Cool Warm Farian Non-Ri arian Coastal Marsh
Impacts Cape 03030005 0 0 0 0.05 0 0 0
Fear
Credits Cape 03030005 0 0 0 0 0.10 0 0
-- 0
1
Fear J T
(lJprece? ?t of PaNymen t, I?EP will take responsibility, for ro pviding the p ..:.
coin ensaiory??ijt,gahon: df the regulhtory agencies, reyutl~e,;
(mitigation ctedts;greater than indicated'above, and the applicant'wants N1;EP ode esponsib}le'fo the:add t,o"nalrriiittgator% he
gi-
PP.'.icanfwta ?,e`cd %'to su ubmit a p mitigation request to NCEEP for?ppro"vafpr,o?`to'perfnit issuatYce. The mitigation will be performed
in accordance with the Memorandum of Understanding between the N. C. Department of Environment and Natural Resources and the
U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Valerie Mitchener at [phone].
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Kim Garvey, USACE-Wilmington
Chad Coburn, NCDWQ-Wilmington
File
Sincerely,
William . Gilmore, PE
Director
.stor ... ... Protecti t Oar Jta te,
ARIA
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nr-eep.net
Vf-VI4
U.S. ARMY CORPS OF ENGINEERS b D
WILMINGTON DISTRICT u :_ -zs
Action Id. SAW-2008-00519 County: New Hanover
U.S.G.S. Quad: Wilmington
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Randy Blanton
Address: PO Box 10137
Wilmington, NC 28404
Telephone No: 910-270-1138
Property description:
Size (acres)
Nearest Waterway
USGS HUC
2.22
Burnt Mill Creek
03030007
Agent: Southern Environmental Group, Inc
attn: David Scibetta
5315 College Road; Suite E
Wilmington, NC 28412
910-452-2711
Nearest Town Wilmington
River Basin Northeast Cape Fear River
Coordinates N 34.2365 W -77.9038
Location description The property is located at 115 Covil Avenue (parcel 1D# R04917-004-010-000)New Hanover
County, Wilmington, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
_ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are wetlands on the above described property 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 wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
The wetland on your property 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 wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on 03/21/2008 Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
Page 1 of 2
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 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 Jessica Hooten at 910-251-4637 or Kim Garvey at
910-251-4482.
C. Basis For Determination
This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and are adiacent to
Burnt Mill Creek, which flows into Smith Creek a Traditional Navi able Water of the U.S.
D. Remarks
This determination is based on information provided by Southern Environmental Group Inc and by site visit
conducted by Jessica Hooten on 02/11/2008.
E. 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:
District Engineer, Wilmington Regulatory Division
Attn: Jessica Hooten, Project Manager,
Wilmington Regulatory Field Office
PO Box 1890
Wilmington , North Carolina 28402
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 District 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 05/21/2008.
**It is not necessary to submit an RFA form to the District Office if you do not objec. the determination in this
correspondence.**
Y
Corps Regulatory Official:
Date 03/21/2008
Expiration Date 03/21/2013
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 the Customer Satisfaction Survey located at our website at http://regulatoiy.usacesurvey.com/ to
complete the survey online.
Page 2 of 2
WETLAND SURVEY
LINE TABLE
LINE BEARING LENGTH
L1 S 73'54'14" W 20.95
L2 S.,.23'42'1 5" W 18.94
L3 S 18'41'22" E 22.37
L4 S 89'21'40" W 15.66
L5 N 66'46'42" W 26.01
L6 N 89'36'49" W 27.97
L7 N 69'29'33" W 22.47
L8 S 29'45'48" W 45.04
L9 S 37'15'18" W 24.43
L10 S 28'32'36" E 26.99
L11 S 74'41'03" E 22.37
L12 S 82'58'08" E 19.47
L13 N 70'11'32" E 19.32
L14 N 44'34'45" E 26.93
L15 N 51'44'33" E 24.43
L16 N 21'16'04" E 13.53
L17 N 43'38'53" E 42.21
L18 S 04'02'13" W 26.66
L19 S 03'03'58" W 37.41
US ACE Certification MARKED ?"
This certifies that this copy of 5
this plat accurately depicts the ; ,-
boundary of the jurisdiction of m >
Section 404 of the Clean Water
Act, pursuant to the 1987 Corps a EL sT
of Engineers Wetlands Delineation 0 S i t e
Manual, as determined by the .?
undersigned on this date. Unless n
WAKE IELD R
there is a change in the law of BRpAD ST
our published regulations, this
determination of Section 404 VICINITY MAP N.T.S.
Jurisdiction may be relied upon for
a period of five years from this
d it 0. Notes:
yc'Yl 1) 404 Wetland area is
S. Army Corps 7,940 s.f.
of Engineers Official O I C
;fit 2-c c r' 2) Wetlands flagged by.
M Southern Environmental
?'*"V' f` 0 Group, Inc.
5315 South P-11. Rd
DB 4942 PQ 1251
S 03'03'58" W I n/f
69.98' Market North Investors, LLC
I DB 5017 Pg 919
Tie Line
o- - N 01'29'26" E -
149.97'
n/f
Peter R. &
Catherine R. Davis
DB 4359 Pg 660

O

oi l
\
N' 1
v
FO-
a_
M w
u)
M ~
U
W
W
r
4
cV
M
n
M
S 04'02'13" W 171.55'
"a ?? 144.90'
I
Wetlands \10
v I
J
41
2.22 Acres
Uplands .
ge
Wilmington, NC 28403

LA
Ca
-P
CP
O
0
J
7 -
CD
D
!7
n
co N
O
LA :3
N r =
-v cD
.n
P
zC i
`? FEB 2 5 2008
buL,
oWf IviIR r.?.roicC
Q
'D I
? I
I
"Ll
a, ? w
ri
i
8eliview
Cemetery
V
t iced Cross St nidn _ tom; gx
- .- -- - 17
1 l TN ,vJ
06 BR
{ l I ?, i ?", 11 13 "?-
1 Randall Pkwy- r - f
4F
Ave
r--
V'
d
.New Hanover County A4+achm&n+ q Page 1 of Z.
PARID:R04917-004-009-000
BLANTON RANDY L.
Parcel
Alt ID 313705.19.3065.000
Address 115 COVIL AVE
Unit
City WILMINGTON
Zip Code -
Neighborhood 6181
Class RES-Residential
Land Use Code 10-1 Fam Res
Living Units 1
Acres .593
Zoning MF-M-MULTI FAMILY MED DEN
Legal
Legal Description PT W J TAYLOR WILMINGTON
Tax District WM
Owners
Owner BLANTON RANDY L
City WILMINGTON
State NC
Country
Zip 28405
The data is from 2008
115 COVIL AVE
httn-//etnx nhn¢nv cnm/Fnnnc/Printr)ntalPt_acnY2nin R(1dQ17_(1(1d-11I1Q_n(lL1R,acr?=PRl1>~Ti 1~ GIAP)nno
New Hanover County
PARID: R04917-004-010-000
BLANTON RANDY L 115 COVIL AVE
Parcel
Aft ID 313705.18.3952.000
Address 115 COVIL AVE
Unit
City WILMINGTON
Zip Code
Neighborhood 6181
Class COM-Commercial
Land Use Code 958-Unused Land
Living Units
Acres 1.6333
Zoning MF-M-MULTI FAMILY MED DEN
Current Tax Statement FOR FURTHER INFORMATION, CLICK HERE
Legal
Legal Description ( 1.70 ACRES) EAST SIDE LIVE OAK AVE
Tax District WM
Owners
Owner BLANTON RANDY L
City WILMINGTON
State NC
Country
Zip 28404
The data is from 2007
Page-of Z
http://etax.nbcgov.com/Fonns/PrintDatal et.aspx?pin=R04917-004-010-000&gsp=PROFILE... 9/7/2007
/V Page 1 of 1
im {k ?
c ?'„?af .}`Y ? ? `yv
IN rt{r 4V (.nleen 11 Sullins Difecto!
?W g 12- D)n.wr o1 Water (luah('\
June 24, 2008
Randy Blanton, Owner euila?VU-2
PO Box 10137 U
Wilmington, NC 28404 JUN $ 7 2008
Subject: State Stormwater Permit No. SW8 080317
Covil Gardens
High Density Commercial Wet Pond Project
New Hanover County
Dear Mr. Blanton:
The Wilmington Regional Office received a complete State Stormwater Management Permit
Application for Covil Gardens on June 23, 2008. Staff review of the plans and specifications
has determined that the project, as proposed, will comply with the Stormwater Regulations set
forth in Session Law 2006-246 and Title 15A NCAC 2H.1000. We are forwarding Permit No.
SW8 080317 dated June 24, 2008 for the construction of the subject project.
This permit shall be effective from the date of issuance until June 24, 2018, and shall be
subject to the conditions and limitations as specified therein. Please pay special attention to
the Operation and Maintenance requirements in this permit. Failure to establish an adequate
system for operation and maintenance of the stormwater management system will result in
future compliance problems.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing upon written request within sixty (60) days
following receipt of this permit. This request must be in the form of a written petition,
conforming to Chapter 1508 of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands
are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please
contact Steve Pusey, or me at [phone].
Sincer ,
?I
Edward Beck
Regional Supervisor
Surface Water Protection Section
ENB/ sgp: S:\WQS\STORMWATER\PERMIT\080317.jun08
cc:
New Hanover County Building Inspections
City of Wilmington Development Services
Beth E. Wetherell, New Hanover County Engineering
Steve Pusey
Wilmington Regional Office
Central Files
NorthCarolina
Aaturally
! ottlIi Caruhna IhUsum of warcr OuaIit? 127 ('ardmal Died EXWTIJUn Wilminpon. A'( 284(! ? Phunc (?)I(n l1)h-7? 1 i
Wilrninriorn Krgional (1!lict l uslomcr 5rn'iit'
61rnur Hti-xs_.n walc ualil%tAI' Pax (01(i) .,SO-2f9)4 1.F71_621.674F
An Equal Opponunny,ANirmative. Action Employer - 50 Recycled 10°rc Post Consumer Paper
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Randy Blanton, Owner
Covil Gardens
115 Covil Avenue, Wilmington, New Hanover County
FOR THE
construction, operation and maintenance of a wet detention pond in compliance with
the provisions of Session Law 2006-246 and 15A NCAC 2H .1000 (hereafter referred to
as the "stormwater ruies'? and the approved stormwater management plans and
specifications and other supporting data as attached and on file with and approved by
the Division of Water Quality and considered a part of this permit.
This permit shall be effective from the date of issuance until June 24, 2018, and shall
be subject to the following specified conditions and limitations:
1. DESIGN STANDARDS
1. This permit is effective only with respect to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.7 on page 3 of this permit. The stormwater
control has been designed to handle the runoff from 50,928 square feet of
impervious area.
3. The tract will be limited to the amount of built-upon area indicated in Section 1.7
on page 3 of this permit, and per approved plans.
4. All stormwater collection and treatment systems must be located in either
dedicated common areas or recorded easements. The final plats for the project
will be recorded showing all such required easements, in accordance with the
approved plans.
5. The runoff from all built-upon area within the permitted drainage area of this
project must be directed into the permitted stormwater control system.
6. The built-upon areas associated with this project shall be located at least 30 feet
landward of all perennial and intermittent surface waters.
Page 2 of 7
b. Total Impervious, Surfaces, acres:
Onsite, ft`:
off site, ft1:
c. Design Storm, inches:
d. Average Pond Depth, feet:
e TSS removal efficiency:
f Permanent Pool Elevation, FMSh:
9 Permanent Pool Surface Area, f'I
h. Permitted Storage Volume, ft':
i. Temporary Storage Elevation, FMSI,
j. Pre-development flow -1 yr, 24 hr (ft-/s)
k. Post-development flow -1 yr, 24 hr (ft3/s)
I. Controlling Orifice:
M. Permitted Forebay Volume, ft
n. Fountain Horsepower, HP
o. Receiving Stream/River Basin:
P, Stream Index Number:
q. Classification of Water Body:
11. SCHEDULE OF COMPLIANCE
1.17
50,928
0
1.5
5
90%
29.0
3,992
9,516at temporary pool
31.0
2.7
0.86
1"O pipe
3,426
NA
Burnt Mill Creek / Cape
18-74-63-2
"C; Sw"
elev
Fear
1 The stormwater management system shall be constructed in its entirety,
vegetated and operational for its intended use prior to the construction of any
built-upon surface.
2 During construction, erosion shall be kept to a minimum and any eroded areas of
the system will be repaired immediately.
The permittee shall at all time provide the operation and maintenance necessary
to assure the permitted stormwater system functions at optimum efficiency. The
approved Operation and Maintenance Plan must be followed in its entirety and
maintenance must occur at the scheduled intervals including, but not limited to:
a. Semiannual scheduled inspections (every 6 months).
b. Sediment removal.
C. Mowing and re-vegetation of slopes and the vegetated filter strip.
d. Immediate repair of eroded areas.
e. Maintenance of all slopes in accordance with approved plans and
specifications.
f. Debris removal and unclogging of outlet structure, orifice device, level
spreader, filter strip, catch basins and piping.
g. Access to the outlet structure must be available at all times.
4. Records of maintenance activities must be kept for each permitted BMP. The
records will indicate the date, activity, name of person performing the work and
what actions were taken.
5. The permittee shall submit to the Division of Water Quality an annual summary
report of the maintenance inspection records for each BMP. The report shall
summarize the inspection dates, results of the inspections, and the maintenance
work performed at each inspection.
Page 3 of 7
conditions of this permit, the approved puns and specincations, ano otner
supporting data.
8 Upon completion of construction, prior to issuance of a Certificate of Occupancy,
and prior to operation of this permitted facility, a certification must be received
from an appropriate designer for the system installed certifying that the permitted
facility has been installed in accordance with this permit, the approved plans and
specifications, and other supporting documentation. Any deviations from the
approved plans and specifications must be noted on the Certification. A
modification may be required for those deviations.
9. If the stormwater system was used as an Erosion Control device, it must be
restored to design condition prior to operation as a stormwater treatment device,
and prior to occupancy of the facility.
10. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to any item shown on the approved plans, including the
stormwater management measures, built-upon area, details, etc.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built-upon area or to the
drainage area.
e. Further subdivision, acquisition, lease or sale of all or part of the project
area. The project area is defined as all property owned by the permittee,
for which Sedimentation and Erosion Control Plan approval or a CAMA
Ma ,)or permit was sought.
f. Filling in, altering, or piping of any vegetative conveyance shown on the
approved plan.
11. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
12. The permittee shall submit final site layout and grading plans for any permitted
future areas shown on the approved plans, prior to construction.
13. A copy of-the approved plans and specifications shall be maintained on file by
the Permittee for a minimum of ten years from the date of the completion of
construction.
Page 4 of 7
as listed on page 2 of the form. The project must be in good standing with the
Division. The approval of this request will be considered on its merits and may or
may not be approved.
2 The permittee is responsible for compliance with all permit conditions until such
time as the Division approves the transfer request.
Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to enforcement action by the Division of Water Quality, in
accordance with North Carolina General Statute 143-215.6A to 143-215.6C.
4 The issuance of this permit does not preclude the Permittee from complying with
any and all statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state, and federal) having jurisdiction.
5 In the event that the facilities fail to perform satisfactorily, including the creation
of nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by this Division, such as the construction of
additional or replacement stormwater management systems.
6. The permittee grants DENR Staff permission to enter the property during normal
business hours for the purpose of inspecting all components of the permitted
stormwater management facility.
7. The permit issued shall continue in force and effect until revoked or terminated.
The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for a permit modification, revocation and re-issuance or
termination does. not stay any permit condition.
8. Unless specified elsewhere, permanent seeding requirements for the stormwater
control must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
9 Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
10. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules and regulations contained in Session Law 2006-
246, Title 15A NCAC 2N.1000, and NCGS 143-215.1 et.ai.
11. The permittee shall notify the Division of any name, ownership or mailing
address changes at least 30 days prior to making such changes.
Permit issued this the 24th day of June, 2008.
NORT AROLINA E IRO ENTAL MANAGEMENT COMMISSION
for Uoieen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Page 5 of 7

ti
G
? V
La
C

v
(lam
W
q- i
fly N
Cl) 00
0 D
O Z
s 0
?0
X
r
mm m
G?kx X
D
Z
m 0m
W

1
C-)
O
z
(7
m
0
m
0
A
z
0
w?
v D
p I
co D
Omm
N D
'TI
O 00
c?
'fA
_
j Z
m
. ?.... (n \.. D
?
A C
m
-;h.
co
=
x
0
n
t m
m?W
0?
M
-
m 00
r
;ur
O
z o N
0 ;u
n0r-;
;u qh ?
m m
X
N
co
j r
m
(A z
Lo
o?
0
E ?
E ? E I Z
0

E E
{ E
I E
? E
EI E
E f*
r
I
E FI IE E I E r
E I ? E I
F IE E
E E E E
E
I I E E E E II E E
J
E E
I E E E A IE
? E E A
?
IE
E E F E
FI ? E
E E I E IF I E I F
I E E
I
E I
I
E
I I
I I E
I F
I E
I
U
? I E
f F E E? E E
IE IE E I E I E E I EI
E E E E E E E E
E E E E I E E E
J E E E
E E E E E tm
X E E E E E
E E E E E NE E E E E E
E E E E ? E E E E E
E E E E G7 E E E E E E ?0 '?1
?
r E
E E
E E ?
E ?E E E E E E E E E E
E ?
00 ??
r E E 6Z E E E E E ?Q
F r r
•
r E E NE
E E E E E E ? ?p SOP

r
r E E E E E E
1

r
r
W
E
E E
E
E
E
E 0
2
'
o
s r r s
r E E E E E E E -A
r r • E E E E E E
r • r
r r E E E E E
r r E E F E
a s a s s r v` .? F
25?
? r
R?AP
r Bud -- E E
?
E E E
TSF
_ k
° _
S 04'02 13 W 17
E E E E E E
' E F F E E E
E E E E E E
E E E E E
TSF E E E E E
A4a,chmo-?f I`f
SEGO
jout6ern Environmental Group, Inc.
Environmental, Development, and Conscrvation Advisors
wM.segi 5
otter of Ar-enua
RANDY L . ?tA u . 6ere.6y Sant
.5out6cm F-mAronmentaf Group, Inc-, (511G) the T*} t to represent
ANDY L. Jtatr W in matters r+essrAngenaronmental consAns
0064
services on Heal Property owned 6y/ Unjer ConbaGt 6y/ `RAwby _ L. S MMS
at?llL_ G-MDEFuL . 115 COV 1L AVE in
\41 LMI GXMA SEuJ fl DYER
(CV C.-P40
Date
S3 I g mtl- CJ-ge KoA avitc E • Wilmington, North Carokna Ze412
y 1o.t32.2711 ¦ Faa: 9 i o.+s2.Za99 ¦ oifice®aeg;'-us

joutkern environmental Group, Inc.
5315 South College }load, `juite r • Wilmington, North Carolina 26-+12
910.452.2711 • Fax: [phone]s99 • [e-mail]
www.segi.us
September 9, 2008
Hand Delivery
Ms. Kim Garvey
Wilmington Regulatory Field Office
US Army Corps of Engineers
Post Office Box 1890
Wilmington, NC 28402-1890
Re: Proposed Covil Garden Apartments [SEGi Project #07-097.011
Pre-Construction Notification for NWP-29
USACE Classification: SAW-2008-00519
Dear Ms. Garvey:
This letter is in reference to the proposed development of Covil Garden Apartments, to be located at
115 Covil Avenue, in New Hanover County, North Carolina. Mr. Randy Blanton has retained Southern
Environmental Group, Inc. (SEGi) to apply for and obtain Department of the Army approval to utilize
Nationwide Permit 29 for those impacts to 404 jurisdictional wetland associated with the proposed
development. New Hanover County Parcel ID#'s allocated to the two parcels are R04917-004-009-000
and R04917-004-010-000.
The two tracts are comprised of approximately 2.22 acres, of which 0.18 acre is considered
jurisdictional wetlands. Jessica Hooten verified SEGi's wetland delineation on 11 February 2008 and
issued the Jurisdictional Determination on 21 March 2008 under AID # SAW-2008-00519. One can
locate the site by heading south on Hwy 17 Business toward Wilmington and then taking a left onto
Covil Avenue. The site will be approximately 0.3 miles down on the left, just before the intersection of
Covil Avenue and Broad Street.
A portion of the eastern third of the property exhibits wetland characteristics that resemble a
depressional bottomland hardwood forest. The feature is connected, via jurisdictional ditch, to Burnt
Mill Creek, which eventually drains to Smith Creek, and finally the Cape Fear River. Vegetative
species found there consists ofAcer rubrum (red maple), Nyssa sylvatica var biflora (black gum),
Juncus effusis (soft rush), Typha angustifolia (narrowleaf cattail), Carex spp. (sedge), and Polygonum
hydropiperoides (swamp smartweed). Functions of this feature entail stormwater storage and removal
of pollutants and sediments. It appears from historical aerial photographs and the soil survey, the
wetland feature could have been part of a larger isolated depression. The soil, in the proposed impact

area, is mapped by the New Hanover County Soil Survey as Seagate fine sand (see Attached USDA
Soil Survey for New Hanover County). However, due to the excavation of the ditch, the area drained
and was eventually developed.
The purpose of the project is to provide housing to an area that is experiencing rapid growth. It is the
intention of the Applicant to construct a multi-family residential community that will consist of three
buildings, housing thirty-six two and three bedroom units, amenities center and attendant features on
the combined 2.22 acre tract. It is anticipated that permanent impact to 0.05 acre and temporary impact
of 0.016 acre will occur with the construction. The proposed impacts are neither located within the 100
flood zone nor adjacent to tidal waters.
In order to offset unavoidable impacts to 404 wetlands and the temporal losses of functions performed
by the system, the Applicant is proposing mitigation through three avenues: (1) Minimization; (2) 2:1
credit for mitigation through NC EEP; and (3) preservation of all remaining on-site wetlands. By
incorporating a retaining wall, impacts to wetlands were reduced by 0.04 acre. Payment for 0.10 acre
of wetland credit to the North Carolina Ecosystem Enhancement Program (NC EEP) has been accepted,
and strict preservation of 0.13 acre of wetland is proposed. In addition, erosion control measures will
be in place prior to any land disturbing activity, thus reducing the potential for sediment to enter into the
system and potentially downstream waters.
In summary, the Applicant is requesting Department of the Army approval to utilize the Nationwide
Permit 29 to permanently impact 0.05 acre and temporarily impact 0.016 acre of wetlands for the
purpose of constructing a 108 unit apartment complex, with attendant features, at 115 Covil Avenue, in
Wilmington, North Carolina. As compensatory mitigation for those proposed impacts, the Applicant is
proposing to utilize a retaining wall, which will minimize impacts to wetlands to the fullest extent
possible, payment for 0.10 acre of mitigation to the NC EEP, and strict preservation of the remaining
0.13 acre of wetlands.
At this time, SEGi is requesting the review and processing of the Pre-Construction Notification and
accompanying documentation for the proposed Covil Gardens. Should you have questions or concerns
regarding the context of this letter or the attached documentation, please feel free to contact our office
at 910.452.2711. Thank you in advance for your assistance with this project and we look forward to
hearing from you.
Sincerely,
D40-,
Dana A. Lutheran
Project Manager
Enclosures: Attachment 1 - Pre-Construction Notification
Attachment 2 - Site, Grading, Drainage, Erosion Control, Stormwater Management and
Utility Plan (1 at 24" x 36" - To Scale and 1 at 1 l" x 17" - Not to Scale)
Attachment 3 - Profile and Plan View of Impact Area
Attachment 4 - Exhibit A- Preliminary Wetland Preservation Map
Attachment 5 - Declaration of Preservation Document
Attachment 6 - NC EEP Acceptance Letter
Attachment 7 - Jurisdictional Determination Tear Sheet and Signed Boundary Map
Attachment 8 - Vicinity Maps (2 scales)
Attachment 9 - New Hanover County Parcel ID Information
Attachment 10 - Aerial Photograph
Attachment 11 - USDA, New Hanover County Soil Survey
Attachment 12 - DWQ Stormwater Permit SW8 080317
Attachment 13 - Impacts to Wetlands without Retaining Wall Exhibit
Attachment 14 - Letter of Agency
cc: Randy Blanton - Applicant
Ian McMillan - 401 Wetlands Unit, Raleigh
Chad Coburn - 401 Wetlands Unit, Wilmington