20081516 Ver 1_401 Application_20081008

S?G?
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, North Carolina 28412
910.452.2711 (office) • 910.452.2899 (fax)
Date: September 30, 2008
To: Ian McMillan
Of: DWQ - 401 Permitting
Attached you will find:*
? Proposal ? Sketch(es)
? JD Package ? Report(s)
SMftjedM13701
Cflent Nerve: WRW+vm Surf CUy, U.C
LMMX AKk
Transmittal Letter p [N ? ? a? D
0 C T 2 2008
DENR - WATER QUALITY
WEtt DS AND STOR"ATf=R BRANCH
? Permit ? Wetland Boundary Map ? Photo(s)
? Plans ?x Filing Fee ? Other
Copies Dated Description
1 $240 Filing Fee 401 Review of Captiva Commons at Surf City, Pender
County, NC
These are being delivered:
*If noted items are NOT attached, please contact our office.
? For your Review/Comment ? For your Records ? Returned for Correction(s)
? Corrected and Returned ? For your Signature ? As Requested
0 Other:
By: ? Hand Delivery ? Fed-Ex ? UPS ?X Certified Mail ? Other
Notes:
Ian,
The filing fee was not submitted with the packets mailed to your office 9/29/08. Please find enclosed the $240 filing fee for 401 Water
Quality Certification
Signature and (Typed) Name: D A. Lutheran
Date: eptember 30, 2008
SEGO
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, North Carolina 28412
910.452.2711 (office) • 910.452.2899 (fax)
Date: September 29, 2008
To: Mr. Ian McMillan
Of: DWQ - Raleigh
Attached you will find:*
? Proposal ? Sketch(es)
? JD Package ? Report(s)
pg-1516
SE 1311 Project #: 06-137.01
Cunt Name: Howard Penton /Jeff Baran
USAC OE Action IC*. UNCLASSIFIED
Transmittal Letter
Lr;-- R, (@' I R 0 W r ? 0
0 C T 1 2008
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
?X PCN ? Signed Wetland Map ? Photo(s)
? Plans ? Information Request ? Other
Copies Dated Description
7 9/26/08 PCN for Captiva Commons and Harris Teeter at Surf City
These are being delivered:
*If noted items are NOT attached, please contact our office.
X? For your Review/Comment ? For your Records ? Returned for Correction(s)
? Corrected and Returned ? For your Signature ? As Requested
? Other:
By: [j Hand Delivery ? Fed-Ex UPS ? Regular Mail ? Fax
Notes:
an,
N copy of this application has been submitted to Joanne Steenhuis, in the Wilmington regulatory office.
)ana
Signature and (Typed) Namq^ ll/ "a A. Lutheran
Date: September 29, 2008
Soutkern Lnvironmcntal Grou P, Inc.
5315 South College }load, J' uite r - Wilmington, North Carolina 28412
910.452.271 1 - rax: 910.452.2899 ' o{[e-mail]
www.segi.us
September 26, 2008
Hand Delivery
Mr. Ronnie Smith
Wilmington Regulatory Field Office
US Army Corps of Engineers
Post Office Box 1890
Wilmington, NC 28402-1890
CaGiTir ijed M,00-137,01 1
Ms. Joanne Steenhuis
DWQ 401 Wetland Unit
127 Cardinal Drive Extension n
L1
Wilmington, NC 28405
0 C T 1 2008
RE: Proposed Captiva Commons and Harris Teeter DENR . WATER GUi3?! i

Surf City, Pender County ,
WnANDSMDSroRMWAJERBRmC11
AID#: UNCLASSIFED
Dear Mr. Smith and Ms. Steenhuis:
Southern Environmental Group, Inc. (SEGi) has been retained by Sound Development, LLC, and
WRI-Hughes Surf City ("Applicants"), to seek Department of the Army authorization to
permanently impact 0.49 acre and temporarily impact 0.17 acre of 404 jurisdictional wetlands.
The fill is associated with the main the development of a multi-family residential complex and
Harris Teeter shopping center. The project is located on the south side of NC 210, approximately
%mile east of US 17 in Surf City, Pender County, North Carolina.
The subject parcel encompasses 56.46 acres. Within the project limits, approximately 13.17
acres of 404 jurisdictional wetlands have been delineated and verified by the USACE. Upon an
USACE site evaluation, it was determined that an area wetlands did not exhibit a significant
nexus to a traditionally navigable water. This area encompasses 0.17 acre and has been classified
as a wet flat. The majority of the jurisdictional wetlands are classified as pocosin, but there is an
area of swamp forest found in the northeastern portion of the tract.
Fifteen (15) permanent wetland impacts are proposed, totaling 0.49 acre. These impacts are
associated with the construction of roadways, such as Alston Boulevard, the main collector
roadway within the complex, building footprints, and parking lots. One (1) additional permanent
impact is proposed, but is an isolated wetland complex. This impact is associated with the
construction of a parking lot for the Harris Teeter and retail shops. Seventeen (17) temporary
impacts, consisting of 0.47 acre (20,291 SF), are proposed and are associated with the installation
of utilities and construction buffer. The following table outlines the anticipated impacts:
SEGO
Wetland Impact
Site Number Type of
Impact Type of Wetland Located within
100-year Floodplain Distance to
Nearest Stream Area of
Impact
1 Fill Pocosin No >1000 LF 0.21
1T Temporary Pocosin No >1000 LF (0.03)
2 Fill Pocosin No >1000 LF 0.09
2T Temporary Pocosin No >1000 LF (0.05)
3 Fill Pocosin No >1000 LF 0.02
3T Temporary Pocosin No >1000 LF (0.02)
4 Fill Pocosin No >1000 LF 0.05
4T Temporary Pocosin No >1000 LF (0.01)
5 Fill Pocosin No >1000 LF 0.004
5T Temporary Pocosin No >1000 LF (0.005)
6 Fill Pocosin No >1000 LF 0.003
6T Tem rary Pocosin No >1000 LF (0.009)
7 FBI/culvert Pocosin No >1000 LF 0.01
8 Fill Pocosin No >1000 LF 0.0009
8T Temporary Pocosin No >1000 LF (0.004)
9 Fill Pocosin No >1000 LF 0.005
9T Temporary Pocosin No >1000 LF (0.01)
10T Temporary Pocosin No >1000 LF (0.06)
11T Temporary Swam Forest No >1000 LF (0.06)
12 Fill Pocosin No >1000 LF 0.009
12T Temporary Pocosin No >1000 LF (0.02)
13T Temporary Pocosin No >1000 LF (0.04)
14T Temporary Pocosin No >1000 LF (0.02)
15T Temporary Pocosin No >1000 LF (0.01)
16 FBI/culvert Pocosin No >1000 LF 0.06
16T Temporary Pocosin No >1000 LF (0.07)
17 Fill Pocosin No >1000 LF 0.06
17T Temporary Pocosin No >1000 LF (0.02)
18 Fill Pocosin No >1000 LF 0.006
18T Temporary Pocosin No >1000 LF (0.008)
191 Isolated Wet Flat No >1000 LF 0.17
Total Proposed Permanent 404 Wetland Impacts 0.49
Total Proposed Temporary 404 Wetland Impacts (0.47)
Total Isolated Wetland Impacts (0.17)
SE-6i
All temporary impacts, except for 10, 11, & 13 are being provided as a construction buffer during
the installation of roads, retaining walls, the bridge to boat storage area and building footprints.
Temporary Impact Areas 10, 11 & 13 are necessary for the installation of the sewer line. Once
construction has been completed, these areas will be returned to their original grade and seeded
with a native wetland seed mix.
The proposed mitigation plan has been developed to offset permanent and temporal losses of
0.50 acre of non-riparian wetlands and their functions that may result due to the proposed
construction of the residential community, shopping center complex and attendant features.
Mitigation is being proposed in order to protect resources and water quality found in the
immediate drainage area, the Cape Fear Drainage Basin. Based on site evaluation and
discussions held with the Corps' field officer, permittee responsible mitigation is not an option on
this site. Therefore, the Applicant intends to utilize a combination of compensatory mitigation
components, which consist of avoidance and minimization practices, payment to the NCSU
Hoffinan Forest Wetland Mitigation Bank (WMB) for 0.50 acre of mitigation credit, and the
strict preservation of on-site, non-riparian wetlands. In addition, strict stormwater management
and sediment and erosion control mechanisms will be in place prior to impacts to wetlands.
Mitigation is offered at a 1:1 ratio, through the NCSU Hoffman Forest Wetland Mitigation Bank,
in Onslow County, North Carolina, and the preservation of the remaining wetlands that are not
located within an utility easement.
In summary, the Applicants are requesting USACE and DWQ authorization to impact
permanently impact 0.49 acre and temporarily impact 0.47 acre of 404 jurisdictional wetlands.
The fill is necessary to construct roadway, buildings and parking areas for the proposed Captiva
Commons residential community and Harris Teeter shopping center.
For clarification and verification of the statements made above, please refer to the following
documentation attached to this correspondence:
Attachment 1. Pre-Construction Notification
Attachment 2. Overall Impact Map and Cross Section Drawings (Sheets 1 - 9)
Attachment 3. DOT Policy on Street and Driveway Access to North Carolina
Attachment 4. Agreement to Purchase Between WRI-Hughes Surf City, LLC & Sound
Development, LLC
Attachment 5. Hoffinan Forest Wetland Mitigation Bank Acceptance Email
Attachment 6. Vicinity Maps (2 scales)
Attachment 7. Property Owner Tax Information
Attachment 8. Aerial Photograph
Attachment 9: Letter of Agency
Please review the attached permit application and accompanying documentation for NWP 29 &
39 authorization. Should you have any questions, concerns, or comments, feel free to contact me
at 910.452.2711. Thank you in advance for your assistance with this project.
sr-6I
Sincerely,

Dana A. Lutheran
Project Manager
cc: Mr. Ian McMillan (401 Oversight/Express Review Permitting Unit)
Enclosures: (9)

Office Use Only: Version December 2006
08-15
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: 29 & 39
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: ?
II. Applicant Information
1. Owner/Applicant Information - (Co-Applicants)
Name: 1) Mr. Jeff Baran - WRI- Hughes Surf City, LLC
2) Mr. Howard Penton - Sound Development. LLC
Mailing Addresses: 1) 6409 Westgate Road D ? k '?, R 0W U
Raleigh, North Carolina 27617
2) 6345 Shinnwood Drive 0 C T 1 2008
Wilmington, NC 28409
DENR -1iVATER QUALITY
WETLANDS AND sTORMWATER BRANCH
Telephone Number: 919.847.7309 and 910.452.1410 respectively
Fax Number: 919.848.9854 and 910.452.7768 respectively
E-mail Address: NA
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: Dana A. Lutheran
Company Affiliation: Southern Environmental Group, Inc (SEGi)
Mailing Address: 5315 S. College Rd. Suite E
Wilmington, North Carolina 28412
6
Page 1 of 15
Telephone Number: 910.452.2711 Fax Number: 910.452.2899
E-mail Address: dlutheranksegi.us
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: Harris Teeter and Captiva Commons Q Surf City
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 4225-17-1959-0000
4. Location: The proposed project is located on the south side of NC 210, approximately
0.25 mile east of US 17.
County: Pender (#71) Nearest Town: Surf Ci
Subdivision name (include phase/lot number): Harris Teeter & Captiva Commons
Apartment Complex
Directions to site (include road numbers, landmarks, etc.): Travel north out of Wilmington
on US 17. Turn right (east) on NC 210 towards Surf Ci The project site is located
anproximately 0.25 mile on the right (south).
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): 34.4510°N 77.6029°W
6. Property size (acres): +/- 54.46 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Unnamed tributary to Virginia
Creek
8. River Basin: Cape Fear
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Page 2 of 15
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 project site is currently undeveloped and forested with the exception of a Progress
Energy transmission line easement located on the southern half of the property. Land
use in the vicinity of the proposed project is a combination of retail commercial and
single-familv residential. A large Lowe's Home Improvement store is located between
the project site and US 17.
The high ground on the subject property is covered with a canopy of red maple (Acer
rubrum). loblolly pine (Pings taedal American holly (Ilex opaca). sweetbay (Magnolia
i ftiniana). live oak (Ouercus virginiana) and laurel oak (Quercus laurifolia): an
herbaceous laver of cinnamon fern (Pteridium aguilinum): and a vine layer of an
unidentified grape species (Vitis spp) There was no evidence of hydrology within 24
inches of the surface. The underlain soil type. Leon (poorly drained), as mapped in the
USDA Pender Coun Soil Survey 1990 is listed as a "H dric Soil of the United
States."
The 404 wetlands on this tract can be classified as pocosin These areas are covered
with a canopy of red maple (A rubrum . redbay (Persea borbonia). and live oak (Q
ft!yiana): a shrub laver of fetterbush (Lyonia lucida): and a vine laver of laurel leaf
greenbrier (Smilax laurifolia) and an unidentified grape species (Vitus spp) 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 24 inches below the surface The underlain soil type,
Murville (poorly drained) as mapped in the USDA Pender County Soil Survey 1990).
is listed as a "Hydric Soil of the United States."
The isolated wetland can be described as an ephemeral wetland Water stained leaves
and soils saturated to the surface were observed during a site visit on 25 April 2007
Vegetation in this area includes loblolly pine (P taeda), sweet gum (Liquidambar
raci ua laurel leaf reenbrier S. lauri M and netted chainfern Woodwardia
areolata). The underlain soil type as mapped in the soil survey is Leon
10. Describe the overall project in detail, including the type of equipment to be used:
WRI-Hughes is planning to construct a Harris Teeter grocery store and retail shop,
while Sound Development LLC intends to construct a multifamily, residential complex
and retail shops. With this project, it is anticipated that discharge of fill material into
approximately 0.49 acre of 404 jurisdictional wetlands and 017 acre of isolated
wetlands will occur. In addition, 0.47 acre of temporary impacts are anticipated
The fill is necessarv to implement infrastructure such as roads parking lots, and utility
lines, while also providing a building pad for Buildings 1. 2,15, and 16 Heavy
machinery, such as backhoes dump trucks graders and pavers will be utilized during
Page 3 of 15
the construction of the project. Temporary impacts are associated with the installation
of the sewer line, access roads throughout the development, and the bridge to boat
storage area.
11. Explain the purpose of the proposed work:
The purpose of this project is to construct a roadway (Alston Boulevard), which will
grant access to the proposed multi-family complex and provide additional access to the
proposed Harris Teeter. Fill is also required to provide stable building footprints for
proposed residential dwellings, and parking for commercial and retail structures. The
construction of a Harris Teeter grocery store will allow the residents of Hampstead a
variety in their choice of where to purchase groceries. In addition, the project, as
proposed, will provide additional commercial space and residential dwellings in a
growing area.
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 AID: Unclassified. The site was delineated by SEGi Brad Shaver, with the
Corps, verified the site on 13 December 2006 and Ronnie Smith also with the Corps visited
the site to make an isolated wetlands call (date unknown).
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.
No future permit requests are anticipated for this project
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)
Page 4 of 15
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:
Location Impact Description
Area 1: Fill is associated with the construction of the entrance to Alston Blvd.
Area 2: Fill is associated with the parking lot for the commercial tract, adjacent to NC Hwy
210.
Area 3: Fill is associated with the construction of Alston Blvd. and building pad for storage
facility.
Area 4: Fill is associated with the construction of an access drive to the proposed storage
facilities.
Area 5: Fill is associated with the construction of an access drive to the proposed storage
facilities.
Area 6: Fill is associated with the building footprint for storage facilities.
Area 7: Fill is associated with the installation of a culvert and access road, Sandbell Lane.
The road will serve as ingress/egress to Buildings 1 & 2.
Area 8: Fill is associated with the foundation of Building 1.
Area 9: Fill is associated with the foundation of Building 1.
Area 12: Fill is associated with the foundation of Building 2.
Area 15: Fill is associated with the foundation of Building 3.
Area 16: Fill is associated with the construction of Charter Street and parking area for
Buildings 15 & 16.
Area 17: Fill is associated with the foundation of Building 16.
Area 18: Fill is associated with the EMS and sanitary truck turn-around.
Area 19: Fill is necessary to provide required parking spaces for the shopping center
*** H temporary impacts, except for 10, 11, & 13, are being provided as construction buffer during the
installation of roads, retaining walls, bridge to boat storage area and building footprints. Temporary
Impact Areas 10, 11 & 13, are necessary for the installation of the sewer line. Once construction has
been completed, these areas will be returned to their original grade and seeded with a 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.
Page 5 of 15
Wetland Impact
Site Number
(indicate on map)
Type of
Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain (yes/no) Distance to
Nearest Stream
(linear feet) Area of
Impact
(acre)
1 Fill Pocosin No >1000 LF 0.21
1T Temporary Pocosin No >1000 LF (0.03)
2 Fill Pocosin No >1000 LF 0.09
2T Temporary Pocosin No >1000 LF (0.05)
3 Fill Pocosin No >1000 LF 0.02
3T Temporary Pocosin No >1000 LF (0.02)
4 Fill Pocosin No >1000 LF 0.05
4T Temporary Pocosin No >1000 LF (0.01)
5 Fill Pocosin No >1000 LF 0.004
5T Temporary Pocosin No >1000 LF (0.005)
6 Fill Pocosin No >1000 LF 0.003
6T Temporary Pocosin No >1000 LF (0.009)
7 Fill/culvert Pocosin No >1000 LF 0.01
8 Fill Pocosin No >1000 LF 0.0009
8T Temporary Pocosin No >1000 LF (0.004)
9 Fill Pocosin No >1000 LF 0.005
9T Temporary Pocosin No >1000 LF (0.01)
IOT Temporary Pocosin No >1000 LF (0.06)
11T Temporary Swamp Forest No >1000 LF (0.06)
12 Fill Pocosin No >1000 LF 0.009
12T Temporary Pocosin No >1000 LF (0.02)
13T Temporary Pocosin No >1000 LF (0.04)
14T Temporary Pocosin No >1000 LF (0.02)
15T Temporary Pocosin No >1000 LF (0.01)
16 Fill/culvert Pocosin No >1000 LF 0.06
16T Temporary Pocosin No >1000 LF (0.07)
17 Fill Pocosin No >1000 LF 0.06
17T Temporary Pocosin No >1000 LF (0.02)
18 Fill Pocosin No >1000 LF 0.006
18T Temporary Pocosin No >1000 LF (0.008)
191 Isolated Wet Flat No >1000 LF (0.17)
Total Proposed Permanent 404 Wetland Impacts 0.497 [
Total Proposed Temporary 404 Wetland Impacts (0.47) c
Total Isolated Wetland Impacts (047)
H
Page 6 of 15
3. List the total acreage (estimated) of all existing wetlands on the property: 13.17 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify
temporary impacts. Stream impacts include, but are not limited to placement of fill or
culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement
walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream
relocation is proposed, plans and profiles showing the linear footprint for both the
original and relocated streams must be included. To calculate acreage, multiply length X
width, then divide by 43,560.
Stream Impact Stream
Perennial or Average Impact Area of
Number Name Type of Impact
Intermittent? Stream Width Length Impact
indicate on ma Before Impact linear feet aces
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, dred in flooding draina a bulkheads etc
Open Water Impact
Name
Wat Type of Waterbody Area of
Site Number le)
(if
applicable) Type of Impact (lake, pond,
estuary, sound, bay,
Impact
(indicate on ma ocean, etc.) (acres)

L Total Open Water Impact (acres) NA
6.
List the cumulative impact to all Waters of the U.S. result in from the ro.ect:
Stream Impact acres : N/A
Wetland Impact (acres) 404/Isolated: 0.49
Open Water Impact acres : N/A
Total Impact to Waters of the U.S. acres 0.49
Total Stream Impact (linear feet : N/A
7. Isolated Waters
Do any isolated waters exist on the property? ® Yes ? No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
The site exhibits a isolated wet flat consisting of 7.300 SF (0.17 AC) The
determination was made by Ronnie Smith and approved by Keith Harris in May of
this year. In order to meet Pender County parking requirements the entire wetland
feature will have to be filled.
Page 7 of 15
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 O 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 requirement
Current land use in the vicinity of the pond: wooded
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Surf City and the majority of eastern Pender County. in general, are fast growing areas
The need for housing and shopping centers is in demand The nearest grocery stores to this
site are both Food Lions, located at the intersection of NC 210 and NC 50, and in
Hampstead, both approximately 6 miles away from the site As this area continues to grow,
the new residents will look for greater convenience and variety in their shopping options
According to NCDOT's "Policy On Street And Driveway Access to North Carolina
Highways" for "...routes with safety, congestion or operational problems 1,000 feet or
more may be required between the centerline of any left turn access points and any
adjacent street and driveways". The minimum distance between centerlines of full-access
drives that handle high traffic volumes is 600 feet The Applicant's attempted to obtain a
variance from DOT policy but were unsuccessful Thus the location of the access road is
based upon said guidelines.
Impacts to wetlands were minimized by utilizing a bridge to access the boat storage area
and the incorporation of retaining walls where possible, throughout the development
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.
Page 8 of 15
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland and/
or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/
ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if off-site), 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 proposed mitigation plan has been developed to offset permanent and temporal
losses of 0.50 acre of non-riparian wetlands and their functions which may result due
to the proposed construction of the residential communi , shopping center complex
and attendant features. Mitigation is being proposed in order to protect resources and
water quality found in the immediate drainage area, the Cape Fear Drainage Basin
Based on site evaluation and discussions held with the Corps' field officer, permittee
responsible mitigation is not an option on this site Therefore the Applicant intends to
utilize a combination of compensato mitigation components, which consist of
payment to the NCSU Hoffman Forest Wetland Mitigation Bank (WMB) for 0.50 acre
of mitigation credit and the strict preservation of on-site non-riparian wetlands In
addition, strict stormwater management and sediment and erosion control mechanisms
will be implemented prior to impacts to wetlands
The mitigation plan should guarantee that the Corps' "no net loss of wetlands" policy is
adhered to, as well as ensure that the temporal losses of function of the aquatic
resources are minimized to the greatest extent possible
Page 9 of 15
NCSU HOFFMAN FOREST WETLAND MITIGATION BANK
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 Hoffman Forest WMB:
BASELINE INFORMATION: These areas are covered with a canopy of red
maple (A. rubrum), redbay (Persea borbonia), and live oak (Q. vir&iana), a
shrub layer of fetterbush (Leonia lucida): and a vine laver of laurel leaf
greenbrier (Smilax laurifolia) and an unidentified grape species (Vitus snn.).
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 24 inches below the surface.
The underlain soil types, Murville (Mu) and Mandarin (Ma), as mapped in
the USDA Pender County Soil Survey (1990). The Mu soil series is a very
poorly drained soil and is listed in the 'INC Hydric Soils List", while Ma is
only somewhat poorly drained and not listed in the publication.
The isolated wetland can be described as an ephemeral wetland. Water
stained leaves and soils saturated to the surface were observed during a site
visit on 25 April 2007. Vegetation in this area includes loblolly Rine (P.
taeda), sweet gum (Liguidambar styraciRua), laurel leaf greenbrier (S.
laurifolia), and netted chainfern (Woodwardia areolata). The underlain soil
type as mapped in the soil survey is Kureb (KuB) and is an excessively
drained soil.
Mammals that would utilize the area mapped at Ma for foraging habitat may
include the raccoon, fox, rabbit, bobcat black bear, opossum, and birds.
The Mu soil series provides fair or poor habitat for wildlife. However, the
same species of wildlife found in areas mapped as Ma, with the addition of
ducks, may utilize the area for foraging.
DETERMINATION OF CREDITS: Mitigation is offered at a 1:1 ratio, for
non-riparian wetland impacts (see Attachment 8). Acceptance has been
granted from North Carolina State University Hoffman Forest Wetland
Mitigation Bank. The ratio of 1:1 is based on communication between
Ronnie Smith (USACE) and David Syster (SEGi). The proposed 1:1 ratio is
sufficient to offset the impacts associated with the development and ensures
the project is adhering to the Corps' "no net loss of wetlands" policy.
PRESERVATION OF REMAINING ON-SITE WETLANDS AND FORESTED
UPLAND BUFFER
In accordance with the Corps' new Compensatory Mitigation rules, the twelve
components of mitigation will be discussed, with regard to the proposed
preservation area:
Page 10 of 15
OBJECTIVES: Preservation is a mechanism utilized by the Corps which
protects remaining on-site wetlands in perpetuity by using 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 provide significant resource protection of Virginia Creek and
the Cape Fear River Drainage Basin The preservation easement will be
designed to ensure perpetual protection of the wetlands will be binding to the
ro e
SITE SELECTION: The eastern portion of Pender Coun is being
developed quickly with residential subdivisions and commercial shopping
centers, which increases the need to protect these wetlands The features to
be protected, exhibit characteristics of high value wetlands (e.g., bottomland
hardwood forest, pocosin, and swamp forest)BASELINE INFORMATION: As discussed previously, the wetland types
found within the proposed preservation area consist of.- hardwood forest;
swamp forest: and pocosin Each performs its own function (e.g., erosion
control, flood storage, pollutant removal and providing habitat)DETERMINATION OF CREDITS: The ratio of preservation is limited by
the remaining wetlands within the project boundaries omitting those areas
where utility line easements are proposed
MITIGATION WORK PLAN: The boundaries of the preservation area
were determined by contracting a surveyor to obtain the metes and bounds
of the proposed wetland preservation areas As the Applicant is offering
preservation, not restoration enhancement or creation the remaining
information reauested 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
Pender County Register of Deeds will ensure the wetlands remain in their
natural condition.
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.
Page 11 of 15
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,
ftol have the right with reasonable notice, to enter the Propelu a
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 property and perform a
compliance inspection of 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 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. If the
District Engineer determines that a deficiency has arisen in the preservation
area, then steps will be taken to remediate the situation, either restoration of
the resource or payment to the NC EEP in an amount sufficient to off-set the
deficient preservation area. Remediation, on behalf of the Applicant, will
occur only in the event that man-made activities, that take place within the
property boundaries, cause the decline in function of the systems being
preserved.
FINANCIAL ASSURANCES: Financial assurances should not be necessary
for the proposed preservation area. The preservation mechanism recorded
with the Pender County Register of Deeds, should provide a high level of
confidence that the mitigation area will be preserved in perpetuity.
In summary, in order to offset the 0.50 acre of impacts to 404 jurisdictional wetlands
associated with the development, the Applicant is proposing to make payment to the NCSU
Hoffman Forest Wetland Mitigation Bank for 0.50 acre of non-riparian mitigation credit and
the preservation of all remaining non-riparian wetlands Those wetlands not placed into
preservation are associated with the sewer and power line utility easements
Page 12 of 15
Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): N/A.
Amount of buffer mitigation requested (square feet): N/A.
Amount of Riparian wetland mitigation requested (acres): N/A.
Amount of Non-riparian wetland mitigation requested (acres): N/A.
Amount of Coastal wetland mitigation requested (acres): N/A.
1. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify)?
Yes ? No ® If you answered "yes", provide the following information:
Page 13 of 15
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.
Zone* Impact Multiplier Required
(square feet Mitigation
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
X. Stormwater (required by DWQ)
Describe impervious acreage (both 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 site is located within '/ mile of SA waters (Virginia Creek) and will adhere to all
current stormwater requirements. At this time, the Applicants are in the process of
obtaining State stormwater management approval.
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.
The development will utilize municipal sewer facilities.
II. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
Page 14 of 15
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
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:
This is an single and complete project and is not associated with any other development.
The completion of the residential community and shopping center will not result in
development outside the proposed project area and would have minimal impact on
downstream water quality, as implementation of approved on-site sedimentation and
erosion control and stormwater treatment mechanisms should ensure the project remains
in compliance with surface water and wetland standards.
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).
i? I - Z(o - Ofd-
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 15 of 15
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A ffa-ch n lees f 5
Policy On Street And Driveway Access to North Carolina Highways
On most State maintained routes, the minimum distance between the centerlines of
full-movement driveways into developments that generate high traffic volumes
should be at least 600 feet. However, on routes with safety, congestion, or
operational problems, 1,000 feet or more may be required between the centerline
of any left turn access points and any adjacent street and driveways. The minimum
distance between drives does not apply to service drives not used by the general
public.
Driveways for fire stations should be designed to accommodate maneuvering of
fire trucks within the driveway stem in order to avoid conflict with traffic.
Because of the size of fire trucks, station buildings that are within 100 feet from
the edge of pavement will be allowed up to 15 feet of driveway width per bay up to
a maximum of 75 feet total driveway width. For station buildings more than 100
feet from the edge of pavement, a driveway width of up to 12 feet-6 inches per bay
is allowable up to a maximum of 50 feet of total driveway width. The PERMIT for
this type of service will be reviewed and approved by the Division Engineer or
their designee. The Division Engineer may deviate from the above standards on a
case-by-case basis using sound engineering judgement.
D. Driveway Profile
Generally, all driveways shall have a grade that slopes away from the highway
surface at a rate equal to the slope of the shoulder, but not less than 1/4 inch per
foot nor greater than one inch per foot in a normal crown typical section. The
slope shall continue for a distance equal to the prevailing shoulder width or longer
so as not to cause a hump or a depression in the shoulder area. Beyond the
shoulder, the grade of commercial driveways within the right-of-way should not
exceed +/- ten percent. The slopes of drives shall be compatible with provisions
for drainage of the designed cross-section. Where special circumstances require
driveway grades in excess of these requirements, the NCDOT may approve
deviation on a case-by-case basis.
Where a sidewalk is located close to the curb line and the driveway opening is to
be provided across a depression or curb cut, the sidewalk should be constructed to
conform to the driveway profile. Either one or both edges of the sidewalk may be
depressed across the driveway provided the resulting sidewalk cross slope does not
exceed 1 /2 inch per foot. In some cases, it may be necessary to discontinue the
sidewalk across the driveway and to construct a curb along each driveway edge. In
such instances, the curb cuts and curb ramps must be constructed in conformance
with the latest edition of the NCDOT "Guidelines for Curb Cuts and Curb Ramps
for Disabled Persons."
Page 42 July 2003
fa?fachmer? i- ?
AGREEMENT TO PURCHASE REAL ESTATE
THIS AGREEMENT is made, entered into, and effective as of September I t- ,
2007, by and between WRI-HUGHES SURE CITY, LLC ("Seller"), and SOUND
DEVELOPMENT, LLC ("Buyer")..
RECITALS
Seller is the owner of that certain parcel of real property in Pender County on
Highway 210, portions of which are more particularly shown and defined on attached
Exhibit A (the identified portions in Exhibit A are hereinafter referred to as the
:Property"). Buyer desires to purchase the Property from Seller, and Seller desires to
sell the Property to Buyer, under the terms and conditions of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and
covenants contained herein, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Purchase and Sale of Property. Buyer hereby agrees to purchase the
Property from Seller, and Seller hereby agrees to sell, transfer, and convey the Property
to Buyer, under the terms and conditions of this Agreement.
2. Purchase Price, Payment. The purchase price for the Property payable by
Buyer to Seller shall be One Million Seven Hundred Thousand Dollars ($1,700,000.00).
The Purchase Price, plus or minus prorations, shall be paid in cash at closing by
certified check or wire transfer.
The earnest money described in paragraph 3, below, plus all additional earnest
money paid by the Buyer hereunder is collectively referred to as the "Deposit." The
Deposit is fully refundable during the first one hundred eighty (180) days of the
Inspection Period (defined below), and is thereafter nonrefundable except in the event
of a default by Seller hereunder or termination of this Agreement by the Buyer for failure
to satisfy one of the conditions precedent set forth in paragraph 6 hereof. If the
purchase and sale of the Property occurs, the Deposit (including any amounts added to
the Deposit to extend the Inspection Period as described below) will be credited to the
Purchase Price payable at Closing. If after the expiration of the first one hundred eighty
(180) days of the Inspection Period, the purchase and sale of the Property hereunder
does not occur for any reason other than a default by Seller or failure to satisfy the
conditions precedent set forth in Paragraph 6 hereof, the Deposit shall be retained by
Seller as liquidated damages.
3. Inspection Period. Buyer shall have the period commencing on the
Effective Date of this Agreement, as defined below, and continuing for a period of one
hundred eighty (180) days, in which to conduct, at Buyer's expense, such inspections,
surveys, tests, and examinations of the Property as Buyer deems appropriate, including,
t-,it'd 668229VOT6:O1 :WOaJ 80:Oi Boa2-9o-ont
?1taCh;V)641) ? S
Date: Wed, 24 Sep 2008 12:11:31 -0700 (PDT)
From: "Dana Lutheran" <[e-mail]>
Subject: Re: Fwd: Hofmann Forest Wetland Mitigation Bank
To: [e-mail]
Dear Glenn,
That is great news! Yes, we would like to reserve 1.1 credits of the Hofmann Forest Wetland Mitigation Bank.
At this time, we are in the process of applying for the necessary USACE and DWQ authorizations, for the two
projects. Typically, the fee for mitigation is not paid until the permits have been issued. With that said, SEGi does
anticipate obtaining the permits for the two projects simultaneously. Therefore, payments will be made separately
(one for 0.50 credit at $21,500 and the second for 0.60 credit at $28,500).
I think it's great that NCSU has provided this resource as an alternative to the NC EEP In-Lieu Fee Program.
Thank you so much for your assistance and your quick response. I look forward to working with you on future
projects.
Sincerely,
Dana A. Lutheran
Glenn Catts <glenn catts ncsu.edu> wrote:
Dear Dana Lutheran,
Thank you for your interest in Hofmann Forest Wetland Mitigation Bank credits. We currently have
more than enough credits available to cover your stated needs.
If I understand your request correctly, you are in the market to purchase 1.1 credits (0.6 plus 0.5
credits). Our credits are priced at the going EEP in-lieu fee price for coastal, non-riparian impacts at
$43,000/credit. We would require payment of $47,300.00 to obtain the 1.1 credits you need.
If you were to purchase a larger number of credits (say 25 or more) the per credit fee would be
negotiable, but for such a small number of credits our price is firm.
Let me know if you are interested in a purchase.
Thanks,
Glenn P. Catts
Hoffman Forest Liaison
College of Natural Resources at North Carolina State University
2023 Biltmore Hall, PO Box 8002
Raleigh, NC 27695-8002
Phone: [phone]
E-mail: glenn [e-mail]
Fax: [phone]

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