20081591 Ver 1_401 Application_20081008

LMG
LAND MANAGEMENT GROUP INC.
Environmental Consultants
October 15, 2008
TO: Ms. Kim Garvey
US Anny Corps of Engineers
PO Box 1890
Wilmington, NC 28402-1000
RE: NWP 18 Application: Proposed Walgreens Project
New Hanover County, NC
Ms. Garvey:
Enclosed is a NWP 18 application for your review. This application is submitted on
behalf of Mr. William Mitchener of Carolina Beach & Sanders, LLC for a commercial tract
located in Wilmington, NC. The applicant is proposing to construct a Walgreens store on a
currently undeveloped tract. NCDOT has required that a right turn lane be constructed on a
portion of the adjacent property which will be deeded as an easement. Impacts to 404 wetlands
will be required to meet the conditions of the NCDOT.
The undeveloped tract which will be home to the new Walgreens store has no wetlands
on site. This determination has been approved by the USACE under Action ID: 200500400. The
adjacent property where the turn lane will be constructed contains 404 wetlands as determined by
the USACE under Action ID: 2003000714. The Pre-Construction Notification form, associated
maps, and site plan are enclosed for your review. A courtesy copy of the enclosed permit
application will be sent to DWQ. Please contact me if you have any questions. Thank you for
your assistance with this project.
'i Zcerely,
Ashley Futr © ? /'
Wetland t
r Ztist '
Sci
Encl. 2008
0
WETLANDS ND WATER OUALI" STORMYVATIER BRMC i
C: Mr. Ian McMillan, DWQ
Mr. Chad Coburn, DWQ
Mr. William Mitchener, Carolina Beach & Sanders, LLC
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 9 P.O. Box 2522, Wilmington, NC 28402
Office Use Only: Form Version March 05
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 ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 18
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
Name: Carolina Beach & Sanders, LLC: William Mitchener
Mailing Address: 1111 Metropolitan Avenue, Suite 700
Charlotte, NC 28204
Telephone Number: [phone] Fax Number:
E-mail Address: bmitchener a,collett.biz
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: Ashley Futral
Company Affiliation: Land Management Group, Inc.
Mailing Address: PO Box 2522
Wilmington, NC 28402
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: afutralglm roup.net
III. Project Information ? ?
N S'!
0!. T 1. 7
Updated I1/1/2005
Page 5 of 12
v'fF?T??.?'.Ji.i'...
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 forinat;
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: Proposed Wal?,),reens
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): R07617-003-003-000 and R07617-003-004-000
4. Location
County: New Hanover County Nearest Town: Wilmington
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): From the Wilmington
USACE office take a left onto Darlington Avenue and a left onto Covil Avenue. Follow
until Covil turns into Independence Boulevard. At the intersection of Independence and
Oleander Drive take a left. Follow to the intersection with Oleander Drive and College
Road take a right. Follow College Road until it turns into US 421/Carolina Beach Road.
Properties will be on the right at the corner of Carolina Beach Road and Sanders Road.
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): 34.1255 ON 77.9004 °W
6. Property size (acres):-
7. Name of nearest receiving body of water: Mott Creek
8. River Basin: Cape Fear 03030001
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Land use in the vicinity of the project area is mostly used for
commercial purposes. The properties to the west and north of the project area are currently
wooded and undeveloped.
Updated 11/1/2005
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used: The
project includes the construction of a Walg-eens store on a currently undeveloped tract and a
tract with an existing dwelling. Per the request of the NCDOT, a right turn lane will be
constructed on a portion of the adjacent tract which will be deeded as an easement. Impacts
are limited to the wetland fill necessary for the right turn lane construction. Silt fencing will
be used to minimize erosion during the turn lane construction.
11. Explain the purpose of the proposed work: The proposed turn lane will be constructed per
the request of the NCDOT. The turn lane will promote a better flowing traffic pattern in the
newly developed intersection.
IV. Prior Project History
If jurisdictional detenninations and/or pemiits 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. There are existing JD tearsheets associated with this project. There are
no wetlands on the tract that will be developed into a Walgreens store (please reference Action
ID: 200500400. There are wetlands on the adjacent tract, a portion of which will be deeded as an
easement for the turn lane construction (please reference Action ID: 200300714). Both of these
determinations were made by Jennifer Frye of the USACE and copies are included in this
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.
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 fornls 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.
Updated 11/1/2005
Page 7 of 12
1. Provide a written description of the proposed impacts: Proposed impacts are limited to
.03 acre of 404 wetland fill for the construction of a right turn lane as requested by the
NCDOT. Impacts will include filling and r adin.g the area before road construction.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
I00-year
Floodplain
(yes/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
#1 Wetland Fill Forested Wetland No 5,100 .03

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: .074
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, multiuly lenith X width. then divide by 43.560.
Stream Impact
Number
(indicate on map)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)

Total Stream Impact (by length and acreage) N/A
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. dredtrintr. floodinti. drainate. bulkheads- etc_
Open Water Impact
Name
Wate Type of Waterbody Area of
Site Number

e)
pplicablle)
(if applicable)

Type of Impact

(lake, pond, estuary, sound, bay,

Impact
(indicate on map) ocean, etc.) (acres)

Updated 11/1/2005
Page 8 of 12
Total Open Water Impact (acres) N/A
6. List t
he cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres):
Wetland Impact (acres): .03
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet):
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 N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. The Wal egr ens project
attempted to avoid and minimize wetland impacts by choosing to develop uronertv where no
wetlands were present. The NCDOT determined that a right turn lane is necessary for the
Walgreens location and the impact to the .03 acre of wetlands in the easement area is
unavoidable. Please see attached correspondence from NCDOT.
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
Updated 11/1/2005
Page 9 of 12
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USAGE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Pennits, 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 detennining 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
llttp://112o.enr.state.nc.us/newetlands/sti-nl;;ide.htmI.
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.
The applicant proposes to buy into the NCEEP.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wq)/index.litm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres): .03
Amount of Coastal wetland mitigation requested (acres):
Updated 11/1/2005
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to detennine, 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
(Neuse), 15A NCAC 213 .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 multiUliers.
Zone* Impact Multiplier Required
(square feet) Mitiuation
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate infonnation as identified
within 15A NCAC 2B .0242 or .0244, or .0260. N/A
XI. Stormwater (required by DWQ)
Updated 11/1/2005
Page 11 of 12
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stonmwater 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 stonnwater plan has been submitted to New
Hanover County. The applicant is currently working on submitting the plan to the state for
express review. No stonnwater ponds are being created. The applicant proposes to use an
infiltration system.
XII. 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 applicant proposes to tie into the existing municipal sewer system.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This
project will not provide access to other tracts.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
N/A
Applicant/A ent's Signature Date
(Agent's signature is alid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 12 of 12
LMG
LAND MANAGEMENT GROUP INC.
Environmental Consultants
Agent Disclosure Form
To Whom It May Concern:
Uwe, the undersigned, hereby authorize Land Management Group, Inc.,
to act as our agent in the preparation and representation of information
submitted within the 404/401 and/or CAMA applications and/or septic
permits. All questions in regards to this application should be directed
to Land Management Group, Inc.
Please provide the following information:
Property Address/Project Name: 510 o g_ S fa &- e,*-0 Z!:1c /JIr; aG? 1-/ lee n -T
Sincerely,
? l?o J/?17
Print Owner/Applicant N
Sign Owner/Applicant Name
Date
_( /-I•? J erf j LG c
Ae&
Lc)o
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
P.O. Sox 2522, Wilmington, NC 28402
New Hanover County Page 1 of 1
PARID:R07617-003-003-000
CAROLINA BEACH & SANDERS LLC 5908 CAROLINA BEACH RD
Parcel
Alt ID 313306.28.7483.000
Address 5908 CAROLINA BEACH RD
Unit
City WILMINGTON
Zip Code -
Neighborhood 6431
Class COM-Commercial
Land Use Code 957-Vacant Floors
Living Units 1
Acres .5967
Zoning B-2-BUSINESS DISTRICT
Legal
Legal Description (.59 ACRES) PT 2 ESTATE CORP
Tax District FD
Owners
Owner CAROLINA BEACH & SANDERS LLC
City CHARLOTTE
State NC
Country
Zip 28204
The data is from 2008
http://etax.nhcgov.com/Forms/PrintDatalet.aspx?pin=R07617-003-003-000&gsp=PROFIL... 10/6/200
New Hanover County
PARID:R07617-003-004-000
BOWDEN LLOYD C 7R ETAL
5900 CAROLINA BEACH RD
Parcel
Alt ID
Address
Unit
City
Zip Code
Neighborhood
Class
Land Use Code
Living Units
Acres
Zoning
Legal
Legal Description
Tax District
Owners
Owner
City
State
Country
Zip
313306.28.7595.000
5900 CAROLINA BEACH RD
WILMINGTON
6431
RES-Residential
958-Unused Land
.8471
(.85 ACRES) PT LT 2 ESTATE CORP LAND
FD
BOWDEN LLOYD C JR ETAL
WILMINGTON
NC
28409
The data is from 2008
Page 1 of 1
http://etax.nhcgov.cone/Fonns/PrintDatalet.aspx?pin=R07617-003-004-000&gsp=PROFIL... 10/6/200f
Page 1 of 2
Ashley Futral
From: Jerry Taylor [[e-mail]. nc.us]
Sent: Friday, July 06, 2007 12:30 PM
To: Michael Newman
Cc: Anthony Law; Mike Lovell; Allen Hancock
Subject: Re: Retail Preliminary Site Plan -Carolina Beach & Sanders Road, New Hanover County, NC
Attachments: gmtaylor.vcf
Mr. Michael Newman,
The following are preliminary comments to your site at the intersection of US 421 (Carolina Beach
Road) SR 1187 (Sanders Road).
Corner clearance: 20ft minimum.
Driveway radii can not exceed property line, unless, a written agreement is made between property
owners.
Drive through window (proposed double) shall have storage to accommodate a minimum of 4 cars per
lane (25ft per car).
SR 1187 entrance shall be a right in and right out only.
A right turn lane shall be required, US 421 and SR 1187. All widening should include appropriate
transitional and deceleration tapers. Recommended turn lane and transitional treatments are shown on
pages 78 and 79 of the "Policy on Street and Driveway Access to North Carolina Highways," dated July
2003. US 421 shall be extend full from the proposed Harris Teeter driveway south across your frontage
and an appropriate taper to tie to the PT of the egress radii of SR 1187.
Interconnectivity of the adjoining properties should be established.
Additionally by New Hanover County GIS Mapping in appears that your site does not have access to
Sander Road, SR 1187.
If additional information is required please advise.
Thanks,
Jerry Taylor
Michael Newman wrote:
Jerry,
I just wanted to follow up to see if you had any comments regarding the site plan for the above
referenced project.
Thanks for your time and cooperation. Please contact me if you have any questions.
10/3/2008
Page 2 of 2
Thanks,
Michael Newman
PM Engineering, Inc.
4601 Charlotte Park Dr., Suite 160
Charlotte, NC28217
[phone] x501 Voice
[phone] Fax
[phone] Toll Free
From: Michael Newman [mailto;[e-mail]]
Sent: Friday, June 22, 2007 10:06 AM
To: '[e-mail]. nc.us'
Subject: RE: Retail Preliminary Site Plan -CarolinaBeach & Sanders Road, New Hanover County, NC
Jerry,
Below is the proposed trip generation for this project.
Total TPD AM Peak PM Peak
1278 39 125
Please contact me if you have any questions.
Thanks,
Michael Newman
PM Engineering, Inc.
4601 Charlotte Park Dr., Suite 160
Charlotte, NC28217
[phone] x501 Voice
[phone] Fax
[phone] Toll Free
From: Michael Newman [mailto_mnewman apmcharlotte.com]
Sent: Monday, June 18, 2007 8:12 AM
To: '[e-mail]'
Cc: Michael Newman
Subject: Retail Preliminary Site Plan -CarolinaBeach & Sanders Road, New Hanover County, NC
Jerry,
I spoke with Anthony Law regarding obtaining preliminary comments regarding the access points
shown on the attached preliminary site plan and he requested that I forward to you for your review
and comments. Please reply with any comments or concerns related to the attached site plan and
the driveway locations.
Thanks for your time & cooperation. Please contact me if you have any questions.
Thanks,
Michael Newman
PM Engineering, Inc.
4601 Charlotte Park Dr., Suite 160
Charlotte, NC28217
[phone] x501 Voice
[phone] Fax
[phone] Toll Free
10/3/2008
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Map Source: North Carolina Atlas & Gazetteer. Pg 84 & 87.2003 SCALE 1" = 1 Mile
Carolina Beach & Sanders, LLC

William Mitchener LMG

Walgreens Project LAND M.ANAGEMENI lKOUP
Figure 1
New Hanover County, NC www.LMGroup.net Vicinity Map
40-08-341 Phone: [phone] »1.866.LMG.1078
Fax: [phone]
October 2008 P.O. Box 2522, Wilmington, NC 28402
Toundaries are approximate and are
not meant to be absolute.
Map Source: Wilmington Quadrangle 7.5 minute (topographic) 1990.
4
SCALE 1" = 800'
Carolina Beach & Sanders, LLC LMG
William Mitchener
LAND MANAGLMLN-1 GROI'F Walgreens Project -W, Figure
2
New Hanover County, NC www.LMGroup.net USGS Topgraphic Map
40-08-341 Phone: [phone] •1.866.LMG.1078
Fax: [phone]
October 2008 P.O. Box 2522, Wilmington, NC 28402
Map Source: NRCS Soil Survey. SCALE 1" = 100'
Carolina Beach & Sanders, LLC LMG
William Mitchener
LAND) MANAGEMEN f GF.OUP
Walgreens Project Figure 3
New Hanover County, NC www.LMGroup.net Soils Map
40-08-341 Phone: [phone] •1.866.LMG.1078
Fax: [phone]
October 2008 P.O. Box 2522, Wilmington, NC 28402
not meant to be absolute
Map Source: 2002 NAPP Aerial Photography
SCALE 1 " = 1
Carolina Beach & Sanders, LLC LMG
William Mitchener
LAND MANAGFAILNI OROL F Walgreens Project Figure
4
New Hanover County, NC www.LMGroup.net Aerial Photograph
40-08-341 Phone: [phone] •1.866.LMG.1078
Fax: [phone]
October 2008 P.O. Box 2522, Wilmington, NC 28402
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200500400 County: New Hanover U.S.G.S. Quad: Wilmington
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Bill Mitchener
Address: Collett & Associates
PO Box 36799
Charlotte, NC 28235
Telephone No.:
Property description:
Size (acres) 1.8 Nearest Town Wilmington
Nearest Waterway Mott Creek River Basin Cape Fear River
USGS HUC 03030001 Coordinates N 34.1259 W 77.8999
Location description The tract is located at the SW corner of Sanders Road and Carolina Beach Road near Mott
Creek, south of Wilmington, New Hanover County North Carolina
Indicate Which of the Following Apply:
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).
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.
There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water
Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be
relied upon for a period not to exceed five years from the date of this notification.
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.
_ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on Unless there is a change in the law or our published regulations, this
deteiniination may be relied upon for a period not to exceed five years from the date of this notification.
X There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Wiliington, NC, at [phone] to determine
their requirements.
Page 1 of 2
Action ID: 0VMZ6 qn
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 Jennifer S. Frve at 910-251-4923.
Basis For Determination: This site is comprised entirely of uplands. This determination is based on information
submitted by Land Management Group Inc and a site visit by Jennifer Frve on 1/13/2005
Remarks: Jewel Bowden, 841 Shinn Point Road Wilmin ton, NC 28409
Christian Preziosi, Land Management Group, Inc., PO Box 2522, WilminLyton, NC 28402
Noelle Lutheran, DENR-DWO WilmingtonReaional Office 127 Cardinal Drive Wilminfton NC 28405
Corps Regulatory Official:
Date 01/31/2005 9 Expi ation Date 01/31/2010
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
• A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be
transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form.
Page 2 of 2
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200300714 County: New Hanover U.S.G.S. Quad: Wilmington
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Aeent$RMAsso.eiates 41 LLC
Address: 10700 Sikes P7acex
Suite 200
Charlotte, NC 28277
Telephone No.:
Property description:
Size (acres) 20.66 Nearest Town Wilminyon
Nearest Waterway UT to Mott Creek River Basin Cape Fear
USGS HUC 03030005 Coordinates N 34.1559 W 77.9002
Location description The tract is located on the southwest corner of the intersection of Carolina Beach Road (US
Hi6way 421) and Sanders Road, in wetlands adincent to an unnamed tributary to Mott Creek south of Wilmington,
N.C.
Indicate Which of the FoIlowin?,T 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 § 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 strop<gly
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 4/10/2006. 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 property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
Page 1 of 2
Action ID: aQo a 00 -4r
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Wilmington, NC, at [phone] 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 prograrn, please contact Jennifer Frye at 910-251-4923.
C. Basis For Determination
This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is adjacent to an
unnamed tributarv to Mott Creek, a tributary to the Cape Fear River, a navinable Water of the U.S. This
determination is based on information submitted by LMG Inc and a site visit by Angie Pennock on 4/14/2003
D. Remarks
Please be aware that this property also contains a non-jurisdictional isolated wetland Please contact the North
Carolina Division of Water Quality at [phone] to discuss the State's renulations and requirements for these
waters. It was determined that this wetland is not bordering. neiahborinn or continuous with any jurisdictional waters
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
detemunation, 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 South Atlantic Division, Division Office at the Following
address:
Mr. Michael F. Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Anny Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 6/10/2006.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official:
Date 04/10/2006 Expiration Date 04110/2011
Copy furnished:
Land Management Group, Inc., PO Box 2522, Wilmington, NC 28402
Noelle Lutheran, DENR-DWQ Wilmington Regional Office, 127 Cardinal Drive, Wilmington, NC 25405
Pape 2 of 2
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