20050834 Ver 3_More Info Received_20081114

[Fwd: Northgate scan]
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Subject: [Fwd: Northgate scan]
From: Chad Coburn <[e-mail]>
Date: Fri, 14 Nov 2008 15:02:10 -0500
To: Laurie Dennison <[e-mail]>
Subject: Northgate scan
From: Shaun Simpson <[e-mail]>
Date: Fri, 14 Nov 2008 14:59:22 -0500
To: Chad Coburn <[e-mail]>
attached.

Shaun Simpson
Environmental Technician
NC Division of Coastal Management
Wilmington Regional Office
Phone [phone]
Fax [phone]
Chad Coburn <chad.coburn(a,ncmail.net>
Senior Environmental Specialist
NC Dept of Environment & Natural Resources
Division of Water Quality
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Northgate scan
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Northgate.pdf
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I of 1 11/14/2008 3:00 PM

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Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, North Carolina 28412
910.452.2711 (office) - 910.452.2899 (fax)
Date: November 13, 2008
To: Chad Coburn
Of: DWQ
Attached you will find:*
Transmittal Letter
St oroJsct #: D5 1?3.tl1
Client Name: Dan Hula - W116 M* Bell
1USACOEAction ID#; SAW-20%-3203"10
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Cuu t3TUC-? ?r'?tL W 1 9(0
? LSV?? 1:/ LS
NOV 14 2008
Dw•V1VlTQit aff
WETUWD nsmlrw unmN
? Proposal ? Sketch(es) ? PCN ? Signed Wetland Map ? Photo(s)
? JD Package ? Report(s) ? Plans ? Information Request © Other
Copies. Dated _ Description
1 11/12/08 Response to Single and Complete Determination for Northgate
Multifamily - Leland; Brunswick Co:
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
? Other: _
By: © Hand Delivery ? Fed-Ex ? UPS ? Regular Mail
Notes:
Signature and (Typed) Name:
? Fax
12, 2008
5outkern Environmental Group, Inc,
5315 5outh.College Koad • Suite r • Wilmington, North Carolina 2811 Z
g 10:1-52.271 1 • Fax: [phone] • o(-([e-mail]
www.segi.us
November 12, 2008
Hand Delivery
Ms. Kim Garvey
Wilmington Regulatory Field Office
US Army Corps of Engineers
Post Office Box 1890
Wilmington, NC 28402-1890
Re: Northgate Multi-Family Complex
Response to Single and Complete Project Email
Classified: SAW-2006-32,034-010
Dear Ms. Garvey,
(SEGi Project #05-173.011
This letter is in reference to your email dated 17 October 2008, where you outlined the basis on
which the Corps made the determination that the proposed Northgate Multi-Family project will
be considered cumulative with The Willows Phase I development. At this time, SEGi would like
to refute the Corps' determination by providing information and documentation supporting our
position. For ease, the reasons for the Corps determination are found in bold text, while SEGi's
responses are found in plain text.
The projects are considered a single and complete project for the following reasons:
For clarification purposes, "Phase II" will be referred to as Northgate Multi-Family (MF) tract,
per the submitted NWP application.
1. There are impacts for Phase I on Phase IX (NWP 12, issued by Ms: Frye on 616/06)
The impacts on the MF tract were for the installation of the stormwater pipe for the Phase
1. However, it is a common occurrence for utility easements to cross adjacent properties.
In this case, it was a better business decision for the Willows Phase I to install the
stormwater line through the MF tract rather than routing it through properties to the north,
as it reduced the cost associated with the installation (e.g., reduced surveying cost, length
of piping, number of easements, etc.), as well as the time it would take to obtain the
necessary easements. Please note, the proposed Northgate MF complex will not utilize
the Phase I stormwater feature to treat runoff from its development. Therefore, SEGi
finds no reason for the Corps to consider this as a factor in their determination to treat the
two projects cumulatively.
SEGO
2. These projects were within the same PUD until recently, when the applicant
requested that the subject parcel (Phase 11) be removed, This request was granted
by the Town of Leland so the applicant could build apartments on the site, which
are disallowed under their PUD ordinance.
As stated in previous communications to the.. Corps, the MF tract has never been
considered part of a PUD (see Attachment 1).
3. The Willows I and 11 together meet the definition of a Single and Complete project
under 33 CFR 330.2. The corporations are reasonably associated with one another
(Dan Hilla and William Bell) are both members of The Willows 11, LLC and Dan
Hilla is the registered agent for The Willows Development Corporation. The
properties are adjacent and are referred to as Willows Phase 1 and 11, thereby
creating another reasonable association.
In order to qualify for approval under the NWPs, a proposal must constitute a "single and
complete project". As defined in 33 CFR 320.2(i), a "single and complete project" is "the
total project proposed or accomplished by.one. ownerldeveloper.or other. association. of
owners/developers". While The Willows Development Corporation and The Willows II,
LLC have a member in common, Dan Hilla, the proposed Northgate MF complex could
be constructed "independently" of the Willows Phase 1. The test governing this
determination is whether the projects have "independent utility". Independent utility, as
defined in the text of the 2007 Nationwide Permit Definitions, is:
"A test used to determine what constitutes a single and complete project in the
Corps regulatory program. A project is considered to. have, independent utility
if it would be constructed absent the construction of .other projects in the
project area. Portions of a multiphase project that depends upon other phases
of the project do not have independent utility. Phases of a project that would
be constructed even if the other phases were not built can be considered as
separate single and complete projects with independent utility."
The Applicant and the engineer have stated that the Northgate MF project could be
constructed even if The Willows Phase I was not, as Northgate does not depend on the
connection of utilities or infrastructure to Phase I (see Attachments 2 and 3). Even if the
submitted proposal was a part of single and complete project owned by The Willows
Development Corporation, Phase Il could be built absent the construction of Phase 1.
With that said, SEGi feels that the submitted proposal for the Northgate MF complex,
passes the "test" of what constitutes a single and complete project and should be reviewed
under the NWP process as a single and complete project in and of itself.
SEGO
It is normal practice for developers to obtain the necessary permits prior to the sale of the
property, It is of SEGi's opinion that this should have no bearing on the Corps' issuance
of a NWP.
C) This office also questions whether the historic railway is subject to the requirements
of Section 106 of the National Historic Preservation Act (NWP Condition 18),
Our office has contacted Mark Wilde-Ramsing, with the North Carolina Office of State
Archeology, who stated that the site did not exhibit characteristics that would qualify it
for inclusion on the National Register of Historic Places (see Attachment 5).
It is our hope that the information found within and attached to this correspondence will
demonstrate that the submitted proposal for the Northgate Multi-Family complex should be
considered a separate single and complete project in and of itself.
Please feel free to contact our office should you have questions. or concerns.
Sincerely,
Dana A. Lutheran
Project Manager
cc: Mr. Chad Coburn (DWQ)
Mr. Ian McMillan (401 Oversight/Express Review Permitting Unit)
Enclosures: Attachment 1: Town of Leland Letter
Attachment 2: William Bell Letter
Attachment 3: Phil Norris Letter
Attachment 4: The Willows Phase I Approved Stormwater Plan
Attachment 5: North Carolina Office of State Archeology Email
Walter B;FutchJr• Town of Leland
Mayor
Brenda Bozeman
Development Services
Mayor Pro Te.m
R. Gordon Hobbs 102 Town Hall Drive
Councilman Leland, North Carolina 28451
Herbert Barnes
Councilman Telephone [phone]
Thomas L. Wallace
11 Fax [phone]
Kimberly Garvey
Regulatory Specialist
US Army Corps of Engineers
PO Box 1890
Wilmington, NC 28402-1890
RE; The Willows PUD
Ms. Garvey,
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I have been, asked by the developers of the Willows to give clarification on the PUD of
the Willows and the adjacent tract. Our records indicate that the Willows PUD consists of
135.70 acres and came out of parcel 0370005505.. The adjacent 43.34 tract, parcel
0370005576 was recently rezoned from C-2 to :multifamily but was a stand alone parcel
never part of the PUD. When this tract is developed it will be its own separate
development, with its own name and will not have any connection to the Willows other
than a required connector road.
I hope the information is helpful to you and should you have any other questions please
do not hesitate to call me.
Sincerely,
Melody Jennings, Planning Director
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November 11, 2008
Ms. Kim Garvey
Wilmington Regulatory Field Office
US Army Corps of Engineers
Post Office Box 1890
Wilmington; NC 28402-1890
Dear Ms Garvey,
This letter is in reference to your email dated 17 October 2008, where you stated that the
Willows Phase I subdivision project and the Northgate Mr.project are."single. and
complete projects. " I would like to take exception to that statement as follows:
I- These are two distinct tracks of land with different zoning, different parcel
numbers, and different highest and best uses. The planning; for apartments on
this site was a function of the size and shape of the property and local market
conditions.
2- The Northgate apartment project is clearly a separate and unique property and
has never been dependent on the development of the Willows l project. The
fact that the two projects share a common water main was only a practical and
economic decision. Furthermore the impact of the stormwater easement that
crosses the Northgate property does not in any way tie these two properties.
together. It is simply the most efficient way to remove excess stormwater
from the Willows project and adjoining; areas. In fact, the apartment project
does not even need to use this easement for its stormwater runoff.
3- The development of the Northgate MF tract would take place absent the
development of the Willows Phase 1.
5incer ly,
William Dell
Ac?Ca?V;v,nc?,? 3
NORRIS, KUSKE &TU NSTALL.
CONSULTING ENGINEERS, INC,
;.;
October 29, 2008 U u
Ms. Dana Lutheran
Southern Environmental Group, Inc.
5315 S. College Road, Suite E
Wilmington, NC 28412
Re: The Willows II
Utilities and Road Crossing #5
NKT Project No. 08068
Dear Ms. Lutheran:
J. Phillip Norris, P.E.
John A. Kuske, Ill, P.E.
John S. Tunstall, P.E.
J.A. Kuske, P.E. of Counsel
As we discussed in our meeting of October 22, 2008, there is not any required
interdependence between the utilities in this project and Phase I of the Willows. Water
and sewer connections can be made via other routes. However, it would be prudent to
at least interconnect the watermain for flow and flushing reasons.
In regard to the wetland road crossing #5, this was shown for safety purposes only to
allow emergency vehicles another way to access this area. If the Town of Leland does
not require it, this could be eliminated.
Please contact us if you have any further questions or comments. Thank you for your
assistance on this project.
Sincerely,
NORRIS, KUSKE & TUNSTALL
cc: Mr. Dan Hilla / The Willows II, LLC
902 Market Street 0 Wilmington, NC 28401-4733 0 Phone: [phone] * Fax: [phone]
08068 10-29-08 utilities- road crossing #5 Itr
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WA
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November 9, 2006
Mr, Daniel Hilla, President
willows Development Corporation
311-8A Judges Road
Wilmington, NC 28405
l l s.? r \. 14 Y t t -7
4. I 1 ? 1
Michael F. 6tslcy, Govemor
William.G, Ross Jr., Secretary
North Carolina Department of Envimnomt i,d Nituml Recoir=
Alan W.1C11ok, FX. Dlnaor
Division er Wotcr Quality
Subject: Stormwater Permit No. SW8 050829MOD
The Willows.
Low Density Project with a Pocket of High. Density
Brunswick County
Dear Mr. Hilla:
The'Wilminyton Regional Office received a Dom late Stormwater Management Permit
Application or The Willows on November 2, 20T6. Staff review of the plans and specifications
has determined that the project, as proposed, will comply with the Stormwater Regulations set
forth in Title.15A NCAC H.1000. a are forwarding Permit No. SW8 050829MOD dated
November 9, 2006, for the construction of the subject project. .
,
This permit shall be. effective from the date of issuance until November 9, 2016, and shall be
subject to the conditions and limitations as specified therein. Please pay special attention to
the.Op .mi on and. Maintenance requlrements In this permit: Failure to establish an adequate
system for operation and maintenance of the stormwater management system will result in
future compliance problems.
If any parts, requirements, or limitations. contained In this permit are unacceptable, you have
the nght to request an adjudicatoty hearing upon written request within thirty (30).days
following receipt of this Permit. This reqqu?est must be In the form of a written pstitio".
conforming to Chapter 1508 of the North Caroilria General Statutes, and filed with the Office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 276117447. Unless such demands
are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please
contact Chris Baker, or me at [phone];
fJ/J///?rJJ/?}J} ?y ? ? t t:
Ed and eck <<,
Regional supervisor tV0V .1 3 ??Itig
Surface Water Protection Section
ENB/csb: S:1WQSISTORMWATER\PERMIT1050629MCD.nov06
cc. Phil Norris, P.E., Norris., Kuske & Tunstall Consulting Engineers, Inc.
Brunswick County Building Inspections
Chris Baker
Wilmington Regional Office
Central Files
N??rCoro n
. ?atura??j
Nonh Carolina Division of Water Qualify 1617 Mail Service Clnte? Raleigh, NC 27699.1617 Phone [phone] Cuswmcr Scrvice
]ntamel: ww yytmMxivl1tynrg' l ocal1m:' 5l2 N. SuHsbury St. ltalelgh.NC 27604 Fax [phone]'7.623-6749
An Equal Oppodunlty/AfflMOve Action Empbyer-= Reryrlumn,%Post emsumerpapar
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State stormwater Management Systems
ftpLlt No. $W8 060829MOD
STATE OF NORTH CAROLINA
'DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STQRMWATEI MANAGEMENT PERMIT
LOW DENSITY PROJECT Wlth a POCKET of HIGH DENSITY
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Mules, and Regulations
PERMISSION IS HEREpY GRANTED TO
Daniel Nilla and The, Willows Development Corporation
The Willows
Brunswick County
FOR THE
construction, oporation end maintenance of two wet detention ponds in pockets of high
density (Drainage Areas #1 and #2) and a curb outlet system in low density areas
(Drainagge Area #3 in compliance with the provisions of 15A NCAC 2H .1000 (hereafter,
referred to as the stormwater rules' and the approved stormwater management plans
and speciftations and other supporting data as attached and on file with and approved
by the Division of Water Quality and considered apart of this permit.
This permit shall be effective from the date of issuance until. November 9, 2016, and
shall be subject to 'the following speol%d conditions and liniltations:
1. DESIGN STANDARDS
1. This permit is effective only with re pest to the nature and volume of stormwater
described in the application and other supporting data.
2. This stormwater system has been approved for the management of stormwater
runoff as described in Section 1.6 on page 3 of this permit for two wet detention
ponds and a curb outlet system in accordance with the approved Plans,
stormwater controls pond #1 and Pond #2 have been designed to handle the
runoff from 293,376 and 36,744 square feet of impervious area, respectively.
Total tract built.upon area for combined low density areas and pockets of high
density is 1,752,940 square feet (30%).
3. The tract will be limited to the amount of built-upon area Indicated on page 3 of .
this. permit, and per approved plans. This. permit Includes a future development
allotment,of 25,008 square feet of built-upon area.
4. All stormwater collection and treatment systems must be located in either
dedicated ccmrlon areas or recorded easements. The final plats for the project
!!? ?9 r@GQI`de,d Mowing all such required easements, in accordance with th e
?? r? vd plane,
..v . a .-vw . to Vim. ^v? 1 11 ,1VU1.1111 R.• :.?(.-Y\•'?C\L:y'1 - , - l1'? I I
state Stonnwater Management Worns
Pe rmit No. sw8 o5uBUMOD
5. 'The runoff from all built-upon area within the permitted, Drainage Areas #1 and
#2 of this project. must be directed into the permitted stormwater control. system.
6. THe following. design criteria. have been pprovided. In. the two wet detention pond
systems and must be maintained at design conditions:
Rand 1 and #2
a. Drainage Area, acres: 13.47 2.11
Onsite, fix: 5
6,753 81,860
Offsite, fe: 9
None None
b. Total Impervious Su?rfaces, fe:
W 203,376 36;744
Onsite Bulldings.
., 145,176 10,902
Onsite Streets, ftz:
f
2 139,553
8
8 19,290
32
1
t
:
Opsite Sidewalks, 6,
0 ,1
Onsits Fgture Allotment, fie: j one one
N
Offsite, .
c. Design Storm, inches: 1.0 1.0
d. Pond Depth, feet; 7.5 15;0
e. •TSS Removal. Efficiency, %: 90 90
f. Permanent Pool Elevation, FMSt_: 16.0 19.5
9. Permanent Pool Surface Area, fe: 11,848 6,414
h. Permitted Storage Volume, fe; 35,493 5,886
1. Temporary Storage Elevation, FMSI_: 18.15 20.5
j.' Controlling Orifice: 2.60 Pipe 1.0"0 Pipe
k. Permitted Forebay Volume, fly: 7,780 21887
1. Receiving StreamJRiver Basin: UT Sturgeon Creek / Cape Fear
M. Stream Index Number: 18-77-1
n. Classitidation of Water Body: ."C; Sw'.'
7, Each of the 190 lots is limited to a maximum of 4 000 square feet of built-upon
area, as indicated in the approved plans and application.
8. The overall tract built-upon area for the.total of low and high density areas must
be maintained at 1,752,940 square feet (30%).
9. Approved plans and specifications for projects covered by this permit are
Incorporated by reference and are enforceable parts of the permit.
10. The low density drainage areas covered by this permit will maintain a minimum
30 foot wide vegetative buffer between all Impervious areas and surface waters.
11. The only runoff conveyance systems allowed within the low don Ity areas
covered by this permit, In accordance with the approved plans and
specifications, will be vegetated conveyances such as swales with minimum side
slopes of 3:1 (H:V) as defined in the.stommwater rules and approved by the
Division.
12. All roof drains must terminate at least 30' from the mean high water mark.
r~? ? Ld t..V ? YY?GY \'C J
Date: Tue, 28 Oct 2008 15:29:33 -0400 (EDT)
From: "[e-mail]" <[e-mail]> UiVi,ew Contact Details U Add Mobile Alert
To: dlu,[e-mail]
Subject: Re: Fwd: Wilmington, Brunswick and Southern RR
Dana, I have reviewed the plans for residential development along part
of the old development along the old Wilmington, Brunswick, and
Southern Railroad. I have determined that this feature is not likely to
contain archaeological remains that are eligible for inclusion on the
National Register of Historic Places. No further archaeological
investigations are recommended.
If you need an official letter for the Corps of Engineers please
contact Rene Gledhill-Earley in the NC SHPO's office. Mark
[Fwd: RE: Property owner info for Millard Edwards]
Subject: [Fwd: RE: Property owner info for Millard Edwards]
From: Sue Homewood <[e-mail]>
Date: Fri, 14 Nov 2008 13:50:36 -0500
To: Laurie J Dennison <[e-mail]>
information for file 08-0940
------- Original Message --------
Subject:RE: Property owner info for Millard Edwards
Date:Fri, 14 Nov 2008 06:54:07 -0500
From:henry hobson <hmhobson(&hotmail.com>
To:amanda jones <amanda.d.iones(c,saw02.usace.army.mil>
CC:<[e-mail]>
References: <5 5 A4E7D 1 DCOA5A438E5373669713627811848133(?),saw-ml2wil.saw.ds.usace.army.miI>
Amanda,
Contact info is:
Boyer Realty
PO Box 36
Sparta, NC 28675
Attention- Jimmy Boyer
Subject: Property owner info for Millard Edwards
Date: Fri, 7 Nov 2008 07:50:44 -0500
From: Amanda. D.Jones(asaw02.usace.armv.miI
To: hmhobson(Dhotmail.com
CC: Sue. Homewood(o,ncmail.net
Just wanted to get the info for the new property owner for this site and please copy Sue, thanks.
Amanda Jones
Regulatory Project Manager
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
office: (828)-271-7980 x.231
fax: [phone]
web: http.,IAvww.saw, usace.army. miUwetlandsl
The Wilmington District is committed to providing the highest level of support to the publicTo help us ensure we continue
to do so, please complete the Customer Satisfaction Survey located at our website dt_u_p://regulatory.usacesurvey.com/ to
complete the survey online.
Get 5 GB of storage with Windows Live Hotmail. Sign up today.
Sue Homewood
NC DENR Winston-Salem Regional office
Division of Water Quality
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone]
FAX: [phone]
1 of 1 11/14/2008 2:59 PM