20081516 Ver 1_More Info Received_20081216

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: December 15, 2008
To: Mr. Ian McMillan
Of: DWQ
Fax:
Attached you will find:*
? Proposal ? Sketch(es)
? JD Package ? Report(s)
Transmittal Letter
SECT Project t 06.137.01
Client Name; Howard Penton! Jeff Baran
USACOE Action IM Ma-A.S.SIFIED
n ?.m ?-2 ??)
. DEG 1 ? 2008
c R . VVPTI a??ATE 6RA14Ci4
? PCN ? Signed Wetland Map ? Photo(s)
? Plans ?x Information Requested ? Other
Copies Dated Description
1 12/1 /08 Response to RFAI for Captiva Commons and Harris Teeter at Surf City
1 ) 4 Dg ? fzFA-1 ?` , ,

These are being delivered:
Z For your Review/Comment
? Corrected and Returned
? Other:
*If noted items are NOT attached, please contact our office.
? For your Records ? Returned for Correction(s)
? For your Signature ? As Requested
By: 0 Hand Delivery ? Fed-Ex ? UPS ? Regular Mail ? Fax
Notes:
A copy of the response has been submitted to Joanne Steenhuis - DWQ Wilmington District Office
Dana
Signature and (Typed) Name:
Dw
r fs
Date: 1)4ceftr 15, 2008
Soutkcrn Lnvironmcntal C3roup, Inc.
5315 Soutk College Road, Suite F_ • Wilmington, North Carolina 28412
9 i 0.452.2) i 1 Fax: [phone] • officegsegi.us
www.segi.us
December 9, 2008
Hand Delivery
ISM Project #: 06-137.011
Ms. Joanne Steenhuis
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Response to RFAI for Captiva Commons and Harris Teeter
Surf City, Pender County
DWQ Project #: 049 1516
Dear Ms. Steenhuis,
This correspondence is in response to your letter dated 24 October 2008, where you requested
additional information regarding the submitted Pre-Construction Notification (PCN) for the proposed
Captiva Commons at Surf City Crossing, located off Hwy 210, in Surf City, Pender County, North
Carolina. At this time, SEGi will attempt to provide the requested information and documentation
necessary to render the application complete.
1. A large overall plat map showing the complete site and impacts is needed ( the 11 x 17 are
good for the files but a large 24 x .36 would benefit the reviewer).
• As requested, please find a full size copy of the site plan attached to this correspondence.
2. Information needs to be provided that shows avoidance and minimization of impacts for
this project was considered and that there are no practicable alternatives. Please respond
to the following:
a) Wetland impact #6 - please provide justification [for] the number of storage units. If
at least 5 units were omitted, the wetland impacts could be avoided.
b) Wetland impact #8 for building #1. Could the footprint of the building be reduced to
avoid the wetland impact altogether?
c) Wetland impacts #12 and #13 for building #2. Again, could the building footprint be
reduced to avoid all wetland impacts?
d) Could building #16 not be relocated back to the original location (as approved by the
Surf City Planning Board) and, therefore, removing wetland impact # 17?
e) Can the turnaround by building #18 be rotated more towards the building (to almost
paralleling the building) and therefore allowing the other arm of the turnaround to
rotate out of the wetlands and avoid wetland impact # 18?
f) Please explain why there is so much temporary impact associated with impact #16.
For items 1 a - f, the residential portion of the site plan has been completed revamped. In
doing so, the Applicant reduced total impacts to wetlands from 0.49 to 0.44. It is
important to note that the total impacts proposed do not illustrate the avoidance and
minimization efforts put forth by the Applicants. To protect against the need to apply for
additional future permits for wetland impacts, the Applicants incorporated a design plan
for the two outparcels fronting Hwy. 210 (OP 4 and OP 5), which is reflected in the
cumulative impacts associated with the project (see revised Attachments 1 and 2).
Additionally, the Applicants have incorporated retaining walls to reduce the limits of
disturbance proposed for OP 4 and OP 5 (see revised Attachment 1 and addendum
Attachment 2b). Parking for the residential portion of the development was based on the
number of units per building and the use of the spaces available for lease on those
parcels considered commercial (for details please refer to SEGi's response to the
USACE request for additional information sent separately).
g) Reduce the number of storage units to reduce the wetland impacts #1 and #3.
• With the efforts made to reduce impacts associated with the residential development of
the property, the Applicants wishes to keep the number of storage units proposed.
h) Please explain the width of the impacts necessary at wetland impact #3 adjacent to the
public street.
• The slope from the entrance road into the storage units and the slope from Alston Blvd
merge in that one area, which creates the need for the impact.
i) Could the footprint of building #3 be reduced to minimize additional wetland impacts
associated with wetland impact #15?
j) Also associated with wetland impact # 15, could the hammerhead turnaround at the
boat storage area be realigned so that the wetland impact would not be necessary?
With regard to items 1 i - j, the site plan has been revised based on avoidance that the
minimization concerns of the DWQ and Corps.
k) Please explain why the future access road (wetland impact #1) could not be made to
parallel the proposed public street and reduce the amount of wetlands impacted?
• Due to NC DOT requirements, because Hwy. 210 is a primary road... "There shall be no
access to allowed to Alston Blvd. closer than 250' from Hwy. 210 right-of-way" also,
"12' of land adjacent to Alston Blvd. must be reserved for future widening" (right turn
lane) of Alston Blvd. For 250' (see addendum Attachment 12). We are also governed by
the turning radius.
3. The WRI Hughes Surf City, LLC is shown that it has been withdrawn on the Secretary of
State's Website and can no longer be considered a viable applicant. Please correct the
application or get the entity reinstated on the Secretary of State's Website.
The PCN has been revised to reflect Hughes Baran Development Company, LLC (see
revised Attachment 1 and addendum Attachment 14).
4. At a minimum, DWQ requires that deed notification (or restrictive covenants if required
by the USACE) be recorded for the remaining jurisdictional waters/wetlands. A sample
deed notification can be found on the DWQ 401 Water Quality Certification website and
the USACE language can is found on their website. Please provide a Draft Copy that
includes the proposed preservation language that will be recorded to accomplish this.
A draft copy of the Corps' Model Declaration of Restrictions accompanies this
correspondence (see addendum Attachment 11).
It is SEGi's hope that the information found within and and attached to this correspondence will
sufficiently address the DWQ's questions and concerns regarding the proposed development. Should
you need further information, please do not hesitate to contact me at 910.452.2711.
Sincerely,
---- c_
Dana A. Lutheran
Project Manager
cc: Ian McMillan - DWQ 401 Oversight Unit, Raleigh
Ronnie Smith - Wilmington USACE Office
Enclosures: Attachment 1 - PCN (Revised 12/9/08)
Attachment 2 - Site Plan (Revised 12/9/08)
Attachment 2b - Retaining Wall Cross Section (Addendum 12/9/08)
Attachment 10 - Pender County Supplemental District Regulation 5.1 (Addendum
12/9/08)
Attachment 11 - Draft Model Declaration of Restrictions (Addendum 12/9/08)
Attachment 12 - The Adams Company, Inc. Letter (Addendum 12/9/08)
Attachment 13 - Residential Buildings Layout (not included with this correspondence -
see SEGi's response to the USACE request for additional information
sent separately)
Attachment 14 - Secretary of State LLC Information
Attachment 1- Revised 12/09/08
Office Use Only Version: December 2006
C Action ID NoDWQ No.
[(UlfS
any particular item is not al?p lkable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
Check all of the approval(s) requested for this project:
R Section 404 Permit ? Riparian or Watershed Buffer Rules
Section 10 Permit R Isolated Wetland Permit from DWQ
401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
NWP - 29 Residential Development
NWP - 39 Commercial Development
NWP -12 Utility Line Activities
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: R
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 Informa
Name:
2) Mr. Howard Penton - SAD Surf LLC
Mailing Addresses: 1) 6409 Westgate Road
Raleigh, North Carolina 27617
2) 6105 Oleander Drive. Suite 241
Wilmingt6m NC 28463
Telephone Number: 919.847.7309 and 910 4521410 respectively
Fax Number: 919.848.9854 and 910.452-776R respectively
E-mail Address: NA
Effl
CV/- 0
10W
DEC 1 6 2008
DENR - WATER QUALI i
Page 1 of 14 WETLANDS AND STORMWATER BRANCH
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
Telephone Number: 910.452.2711 Fax Number: 910.452.2899
E-mail Address: [e-mail]
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 Ca tiva Commons Surf Ci
2. T.I.P. Project Number or State Project Number (NCDOT Only): NIA
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 City. The project site is located
approximately 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
Page 2 of 14
(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:
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 vicini of the ro osed project is a combination of retail commercial and
single-family 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 (Aces
rubruns), loblolly pine (Pings taeda), American holly (Ilex opaca), sweetbay (Magnolia
vir iniana live oak uercus vir iniana and laurel oak uercus lauri olia • an
herbaceous layer of cinnamon fern (Pteridiunt aquilinum)• and' a vine layer of an
unidentified grape species VIdS 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 County Soil Survey (1990), is listed as a "Hydric Soil of the United
States."
The 404 wetlands on this tract can be classified as pocosin These areas are covered_
with a cano of red maple A. rubrum redba Persea borbonia and live oak
EftQ!iana): a shrub layer of fetterbush (Lyonia lucida): and. a vine layer of laurel leaf
greenbrier (Snulax laurifolia) and an unidentified grape species (Htus 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 ma ed in the USDA Pender Coun Sotl Surve 1990
is listed as a "Hvdric 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
M raciflua). l aurel leaf greenbrier (S laurii olia), 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 S.D. Surf, LLC intends to construct a multifamily _residential complex and retail
The fill is necessary to implement infrastructure, such as roads stormwater and sewer
fines and narking lots while also providing building pad for Building 13 Heavy
machinery. such as backhoes, dump trucks graders, and pavers will be utilized during
Page 3 of 14

installation of retaining walls'
11. Explain the purpose of the proposed work:
The u ose of this project is to construct a roadway Alston Boulevard which will
Pro-vide stable building foo rint for proposed o of the residentialbuildin s 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 fast 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 b 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).
DWQ Project #: 081516
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)
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.
Page 4 of 14
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.
I . Provide a written description of the proposed permanent 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
Area 10 .
Fill is associated with the foundation of Building 13.
Fill i
i
d

_
- s assoc
ate
with the construction of a parking lot and Charter Street. 1
_- - -

Area 11 _:
Fill is associated with the construction of the parking lot.
Area 12 Fill is associated with the implementation of an EMS turn around area, j
Area 13 Fill is associated with the construction of the parking lot for Harris Teeter and j
? s
tend alone retail structure.
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 ma
? p) Type of

mpact Type of Wetland
(e.g., forested, marsh,

erbaceous, 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 0.206
1T Temporary Pocosin No >1000 LF -0.033
2 Fill Pocosin No >1000 LF 0.089
2T Temporary Pocosin No >1000 LF -0.053
3 Pocosin No >1000 LF 0.019
3T Terary Pocosin No >1000 LF -0.019
4 Pocosin No >1000 LF 0.014
4T Pocosin No >I000 LF -0.010
5 * Pocosin No >1000 LF 0.004
5T Pocosin No >1000 LF -0.005
6 Pocosin No >1000 LF 0.003
6T Pocosin No >1000 LF -0.009
Page 5 of 14
7 Fill/culvert Pocosin No >1000 LF 0.017
8T Temporary Pocosin No >1000 LF -0.023
9T Temporary Swamp Forest No >1000 LF -0.117
10 Fill Pocosin No >1000 LF 0.004
11 Fill Pocosin No >1000 LF 0.002
11T Temporary Pocosin No >1000 LF -0.003
12 Fill Pocosin No >1000 LF 0.006
12T Temporary Pocosin No >1000 LF -0.007
13 Permanent Wet Flat No >1000 LF 0.079
14 Permanent Wet Flat No >1000 LF 0.167
Total Proposed Permanent 404 Wetland Impacts 0.443
Total Proposed Temporary 404 Wetland Impacts 0.331
Total Proposed Permanent and Temporary Impacts 0.774
Total Isolated Wetland Impacts 0.167
All temporary impacts, except r8 & 9 arc being provided as construction buffer during the
installation of roads and parking lots. Temporary Impact Area 8 will facilitate the installation of the
sewer line, while Temporary Impact Area :19 is necessary for the installation of b.oth,a stormwater line
and sewer line. Once construction has been completed, these areas will be returned to their original
grade and seeded with a wetland seed mix.
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__5(0_
Stream Impact

Perennial or
Number Stream Type of Impact Average
Stream Width
Name
Impact

Length
Area of

Impact
Intermittent?
(indicate on ma)
Before Impact (linear feet) (acres)
Total Stream Impact (by length and acreage) NA
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds,
Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not
limited to fill, excavation, dredtaina. flooding. drainage h» llrhearle Pte
Open Water Impact
Site Numbe Name of Waterbody Type of Waterbody Area of
r

(indicate on ma)

(if applicable) Type of Impact (lake, pond, estuary, sound, bay,

rY, Y? Impact
act
p
ocean, etc.) (acres)
Total Open Water Impact (acres) NA
6. List the cumulative impact to all Waters of the U.S. resulting from the
Stream Impact (acres : N/A
Wetland hn act (acres) 404/Isolated: 0.44
Open Water Impact (acres): N/A
Page 6 of 14
Total Impact to Waters of the U.S. (acres) ' 0.44
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 83 SF 0.167 ae. 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 ?-
8. Pond Creation -
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): © uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Excavation
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Stormwater 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 bow 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 sho in centers is in demand. The nearest roce store to this
site are both Food Lions located at the intersection of NC 210 and NC 50, and in
Hampstead. both a oximatel 6 miles away from the site. As this area continues to row
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 sae 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 drivewa s". The minimum distance between centerlines of full-access
drives that handle high traffic volumes is 600 feet. The A licant's attempted to obtain a
variance from DOT policy but were unsuccessful Thus the location of the access road is
based u von said uidelines.
Page 7 of 14
Impacts to 404 jurisdictional wetlands were minimized by approximately 0.06 acre The
Annhran+IQ +n+onhr -A.-A +1,„ 1...,-- ..rai_ __i 1 . . . .
elimination of two of the residential buildings and a road crossing that would have
required both permanent and temporary impacts In addition, temporaryimpacts. were
rMnrPd by raYnnfion +h- nn....... I--- 4.. -_- -I--- .1L _. , -.; _

VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to, reducing the size of the project; establishing and maintaining wetland and/
or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/
ncwetlands/strmgide html.
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 miti ation plan has been developed to offset permanent and temporal
losses of :044 acre of non-riparian wetlands and their functions, which 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 gualrtv found in the immediate drainage area the Cape Fear Drainage Basin
Page 8 of 14
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 compensate mitigation components which consist of
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
NCSU HOFFMAN FOREST WETLAND MITIGATION BANK
Pursuant to the Army Corps of Engineer's new rules regarding Compensators
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 canonv of red
maple (A. rubrum). redbay (Persea borbonia), and live oak (Q virginiana)• a
shrub laver of fetterbush (Lyonia lucida)• and a vine laver of laurel leaf
greenbrier (Smilax laurifolia) and an unidentified grape species (VItus sRp )
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 lypes, Murville u and Mandarin a as ma ed in
the USDA Pender County Soil Survey (1990)The Mu soil series is a ve_rv
poorly drained soil and is listed in the "NC 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 A ril 2007. Vegetation in this area includes loblolly ine P.
taeda), sweet gum (Liauidambar stvraciflua), laurel leaf greenbrier (S
laurifolia), and netted chainfern (Woodwardia areolata) The underlain soil
e as mapped in the soil survey is Kureb uB and is an excessive)
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: Miti ation 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
Page 9 of 14
seaiment and erosion control mechanisms will be implemented prior to impacts to
wetlands.
Ronnie Smith (USACE), Dana Lutheran and David Syster (both of SEGO.
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" polio
• PRESERVATION OF REMAINING ON-SITE WETLANDS AND FORESTED
UPLAND BUFFER
In accordance with the Cor s' new Compensatory Mitigation rules the twelve
components of mitigation will be discussed with regard to the proposed
preservation area:
OBJECTIVES: Preservation is a mechanism utilized by the Corps, which
protects remaining on-site wetlands in perpetuity b 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 fillip ; no grading; no construction of
walkways, roads etc.: no activities which may alter on-site drama e
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 reservation 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 bein
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 ocosin and swam forest).
BASELINE INFORMATION: As discussed reviousl the wetland tVDes
found within the proposed preservation area consist of.- hardwood forest:
swamp forest: and pocosin Each performs its own function (ate erosion.
control, flood storage, pollutant removal and providing habitat).
DETERMINATION OF CREDITS: The ratio of preservation is limited bv_
the remaining wetlands within the project boundaries omitting those areas
where utili line easements are proposed
MITIGATION WORK PLAN: The boundaries of the reservation area
were determined b 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 requested in this section is not applicable to the mitigation offer
proposed for this project
MAINTENANCE PLAN: A maintenance plan is not required for
preservation, as the model declaration of restrictions to be recorded in the
Page 10 of 14
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 com ensator,--mitigation area is achieving its
objectives.
MONITORING REOUIREMENTS• 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 "Corns, its employees and agents and its successors and assigns,
f to] have the right, with reasonable notice, to enter the Property at
reasonable times for the purpose of inspecting the Property to determine
whether the Declarant. Declarant's representatives or assigns are complying
with the terms, conditions and restrictions of this Conservation Declaration"
Thus, the Corps has the right to enter the 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
Accordin 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 b the United States of America.
This covenant is to run with the land and shall be bindin 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 pavment to the NC EEP in an amount sufficient to off set the
deficient preservation area Remediation on behalf of the Applicant, will
occur onlv 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 necessa
for the proposed reservation area. The reservation mechanism recorded
with the Pender Countv Register of Deeds should provide a high level of
confidence that the mitigation area will be preserved in perpetuity.
Page I I of 14
In summary, in order to offset the 0.44 acre of impacts to 404 iurisdictional wetlands
associated with the development, the Applicant is proposing to make payment to the NCSU
wetlands not placed into preservation are associated with the outparcels and sewer and power
line utility easements.
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 h#D://h2o.enr.state.nc.us/wrp/index.btm. 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.
I. 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 D
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.
Page 12 of 14
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 213 .0259 ('far-Pamlico), I5A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify)?
Yes ? No 0 If you answered "yes", provide the following information:
X.
XI.
IL.
XII.
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
( . _ s uaT feet
1
2
Total
* Zone 1 extends out 30 feet perpendicular fi
additional 20 feet from the edge of Zone 1.
Multiplier
3
1.5
near bank of channel; Zonc
an
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.
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 Y2 mile of SA waters (Virginia Creek) and will adhere to all
current stormwater reattirements At this time, the Applicants are in the process of
obtainme State stormwater management approval
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
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 El No ?O
Cumulative Impacts (required by DWQ)
Page 13 of 14
Required
Mitigation
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No D
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 ad 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 Droposed proiect 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).
Applicant/Agent's Signai6re Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 14 of 14

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SECTION 5.0 SUPPLEMENTAL DISTRICT REGULATIONS
5.1 Off-street parking and loading.
5.1.1 Off-street parking standards.
a) Purpose. The purpose of this section is to provide off-street parking standards that
will alleviate congestion in the streets and allow for the efficient storage of motor vehicles
while, concurrently, reducing any adverse environmental impacts to the urban area. By
reducing glare, noise levels and air pollution to occupants and residents of adjoining
properties, and by controlling storm water drainage and soil erosion, these standards will
generally contribute to the public health, safety and general welfare of the citizenry and
will create a more aesthetically pleasing environment in the Town of Surf City.
b) Parking must be provided for new construction of principal building and certain
instances of alterations to existing sites and conversions of buildings from one district
use to occupancy to another district or district use. No lands or buildings, or any part
thereof, shall be occupied or used for any purpose, nor shall any building permit be
approved by the town planner, until the owner of the real estate involved provides off-
street motor vehicle parking and driveways in accordance with the minimum
requirements set forth herein and in the section for truck loading (section 5.1.2), off-
street parking spaces (section 5.1.3), off-street parking design (section 5.1.4) and
driveways (section 5.1.5). No additional parking shall be required for the issuance of a
building permit under section 7.3 (Reconstruction of nonconforming uses). When an
existing building or use on the same lot is altered or expanded to increase its gross floor
area by fifty (50) percent or more, or whenever a conversion of buildings from any district
use to another district use required additional off-street parking, all parking lot design
requirements of this section shall be met. Other off-street parking facilities for which a
plan is required under section 5.13 shall meet only those standards which the town
planner or his designee determine to be necessary to protect the public health, safety or
welfare; except that this waiver shall not apply to expansions that occur within two (2)
years of each other as noted by the dates the building permits were issued and that
together would otherwise require all off-street parking improvements to be made. (See
section 5.7 for application of the landscaping requirements to building or use
expansions.)
c) Vehicle movement. All off-street parking areas, except those serving a single or two-
family housing unit, shall be arranged so that ingress and egress is by the forward
motion of the vehicle.
d) Location on other property . If the required automobile parking space cannot
reasonably be provided on the same lot as the principal use, it may be provided on a lot
within two (2) town blocks or six hundred fifty (650) feet (whichever is greater) of the
principal use structure. This parking area shall be held in fee simple by the owner of the
use served, or in another manner that assures continued availability for required parking,
provided the form of tenure shall be approved by the town attorney before such use is
issued a certificate of occupancy.
e) Nonresidential off-street parking in residential district. Such parking may be
provided in residential districts upon issuance of a conditional use permit as required in
section 8.9.
f) Parking space in private driveways. Private driveways serving detached single and
two-family housing units of sufficient size to meet the requirements of this section shall
be considered as providing the required off-street parking space.
g) Safety barriers. All service stations, parking lots, display or sales areas for motor
vehicles of any type shall erect a safety barrier inside the street yard exclusive of
driveway entrances. Such barriers shall be at least seven (7) inches in height and six (6)
inches in width, and shall be approved construction and otherwise designed to prohibit
any overhang of motor vehicles in any public right-of-way.
h) Combination of parking spaces on a lot Required parking spaces for any number of
separate buildings or uses may be combined in one (1) parking lot, but the required
spaces assigned to one use may not be assigned to another use if the uses normally
operate at the same time.
i) Exception to off-street parking standards .
1) C-1 central business district. The provisions of subsection (b) shall not apply
to the central business district, however, when such spaces are provided they
shall be designed in accordance with the minimum design requirements of this
section.
j) Use of parking facilities .
1) Limitations on use of required parking facilities,
a. Permitted use. Required parking spaces approved in accordance with
this chapter shall only be used for the intermittent parking of licensed
motor vehicles of employees, occupants, owners, tenants or customers
utilizing the building served by said required parking space.
b. Storage, repair or display of any equipment or merchandise, shall not
be permitted. Storage of vehicles for sale at an automobile dealership
may be permitted.
c. All parking areas not in compliance with these requirements prior to
the date of adoption of this amendment shall be rendered in compliance
prior to January 1, 2013.
2) Limitations on use of supplemental parking facilities.
a. Supplemental parking (parking facilities provided but not required)
shall only be used for the intermittent parking of licensed motor vehicles
of employees, occupants, owners, tenants or customers utilizing the
building served by said parking space with exceptions described below.
b. Storage or repair of any equipment or merchandise shall not be
permitted. Storage of vehicles for sale at an automobile dealership may
be permitted.
c. Display and sale of any merchandise shall not be permitted except as
may be approved by the town through a temporary permit.
d. All parking areas not in compliance with these requirements prior to
the date of adoption of this amendment shall be rendered in compliance
prior to January 1, 2013.
5.1.2 Off-street loading.
a) Location. All required loading spaces shall be located on the same lot and shall
have the same zoning as the use it is to serve. No off-street loading space shall be
located in a required front yard or within a triangular sight distance. Loading facilities
shall be constructed so that all maneuvering will take place entirely within the property
lines of the facility. Interior off-street loading spaces may be located inside the structure
it serves provided the other provisions of this section, such as size and access, are met.
b) Size. Unless otherwise specified, an off-street loading space shall be twelve (12)
feet in width by forty-five (45) feet in length, exclusive of aisles and maneuvering space,
and shall have a vertical clearance of at least fifteen (15) feet.
c) Surfacing. All off-street loading spaces shall be paved with asphalt or concrete
material, or with alternative paving material (e.g., concrete pavers, brick, "turfstone" or
similar material) determined to exhibit equivalent wear resistance and load bearing
characteristics as asphalt or concrete, of a type and thickness, capable of carrying,
without damage, the heaviest vehicle loads reasonably anticipated on such surface.
Loading spaces associated with parking facilities which are exempted from the paving
requirements of this ordinance (see section 5.1.4(a)(4)) shall likewise be exempted from
these paving requirements.
d) Repair and service . No motor vehicle repair work or service of any kind shall be
permitted in conjunction with loading facilities, except emergency repair service
necessary to relocate a vehicle to a normal repair facility.
e) Utilization . Off-street loading space shall not be used to satisfy the space
requirements for off-street parking facilities or portions thereof, nor vice versa.
f) Similar use applicable. The town planner shall apply the off-street loading
requirements for the most similar use listed herein to an unspecified use.
g) Access . Each off-street loading space shall be provided with unobstructed ingress
and egress to a public or private street.
h) Off-street loading requirements.
1) Uses handling goods in quantity. Uses which normally handle large
quantities of goods including, but not limited to, industrial plants, wholesale
establishments, storage warehouses, freight terminals, hospitals or sanitariums
and retail sales establishments shall provide off-street loading facilities in the
following amounts:
TABLE INSET:
Gross Floor Area of Establishment in Square
Feet Required Number of Loading Spaces
Less than 5,000 N/A
5,000 to 9,999 1
10,000 to 24,999 2
25,000 to 39,999 3
40,000 to 100,000 4
2) For each additional one hundred thousand (100,000) square feet of gross
floor area, at least one (1) additional loading space shall be provided.
3) Uses not handling goods in quantity. Commercial establishments which do
not handle large quantities of goods including, but no limited to, office buildings,
restaurants, auditoriums, convention halls, coliseums, exhibition halls, funeral
homes, hotels and motels shall provide off-street loading facilities in the following
amounts:
TABLE INSET:
Gross Floor Area of Establishment in Square Required Number of Loading Spaces
Feet
Less than 5,000 N/A
5,000 to 49,999
50,000 to 100,000 2
For each additional one hundred thousand (100,000) square feet of gross floor
area, at least one (1) additional loading space shall be provided.
5.9.3 Off-street parking space schedule.
a) Unless otherwise required within the following schedule, all employers shall provide
one (1) space per two (2) employees of the largest shift. Any visitor and/or company
vehicle parking shall not be counted to meet the requirements of this provision.
b) Any nonresidential and/or public assembly use that does not provide for fixed
seating and/or is not listed within the table of uses shall have its off-street parking
requirements established by the town planner as follows:
1) The maximum allowable occupancy number shall be determined in
accordance with the North Carolina State Building Code for the proposed use;
and then,
2) That number for the proposed use shall be divided by three (3). The quotient
of the above calculation shall be the minimum amount of off-street parking
spaces to be provided.
c) All nonresidential uses shall comply with the requirements of the North Carolina
Building Code or General Statutes for off-street parking spaces for the handicapped,
whichever is more stringent.
NOV-06-2008 15:10 FROM: T0:9104522M P.2/5
SECTION 5.0 SUPPLEMENTAL DISTRICT REGrULAT10NS Page 1 oft
Required Number of Off-Street Parking Spaces
TABLE INSET:
Use Parking Spaces
Maximum Minimum
Single-family residential 1 space per housing unit
0-1 bedroom 1.5 minimum
Multi-family 25 per unit 0-2 bedrooms 2 minimum
maximum 3 bedrooms or more 2.25
minimum
0-1 bedroom 1.5 minimum
Duplexes, mobile home 2.5 per unit 0-2 bedrooms 2 minimum
parks and PUDs 3 bedrooms or more 2.25
minimum
outdoor sales 1 space per 100 square feet of gross
floor area
Groceries, personal
services, mediicalthealth 1 per 200 sq. ft.
facilities, adult maximum 1 per 400.sq. ft. minimum
establishments, private
recreational facilities
Offices, government uses,
personal services, repair 1 per 250 square 1 per 400 square feet minimum
shops, places of assembly feet maximum
Auto repair and services,
-contractor equipment and 1 per 400 sfgfa 1 1 per 600 sfgfa 1 and 1 per 2,000

supply maximum sq. ft. of display area minimum
Studios, silk screening,
computer services, delivery 1 per 500 square feet of gross floor

services, fire dealers area
Transportation services, 1 per 1,000 sq. fL 1 per 1,500 sq. ft minimum or 1 per
manufacturing maximum 1.5 employees
Warehousing 1 space per 1,000 square feet of
gross floor area
Retail, laundromats, 1 per 225 sq, ft 1 per 400 sq. R minimum
bakeries maximum
1 space per 1,000 sq. ft of non office
Motor freight floor area plus 1 space per 300
square feet office floor area
Shopping centers
between 25,000 and Shopping centers between 25,000

99,000 s1gla-1 per and 99,000 sfgfa 2 -1 per 400 sfgla

Shopping centers
225 sfgfa 2 2 minimum
Shopping centers greater than
maximum
Shopping centers 100,000 sfgfa- per 1,000 sfgla 2

greater than minimum
100,000 sf9la-5 per
http://Iibmry3.rnuMoode,cam/deEauItIDoeView/1228511/72/77 11/4/2008
NOV-06-2068 15.10 FROM:
SECTION 5.0 SUPPIXWNTAL, DISTRICT REGULATIONS
1,000 sfgla 2
maximum
Religious institutions; -'
funeral homes; civic, social 1 Per 3 seats
fraternal oruanlzations maximum
Movie theaters, museums
Nursing and personal care
facilities
Adult day care, child day
care, family cane
Special congregate '~--
facflities, elementary and jr.
schools
Schools
Bowling alley, pool halls
Hotels, motets
Golf course
=,9sWxc1us1ve ts or 1
Nightclubs, ritchen
mum
Hospitals
Motelminium
1 sfO'-square feet ofgross floor area
2 stoma-square feet of gross le&%We area
TQ:9104522e99 P.3/5
t
Page 2 of 2
1 per 4 seats minimum
1 space per 4 seats
1 spare per 4 beds
1 space Per 8 pupils or residents
i space per teacher and staff person
plus 5 spaces for visitors
1 space per 5 students, or 1 space for
each 3 seats in auditorium and other
places of assembly or fadllties
available to the public, whichever is
1 space per alley plus requirements
for any other use associated with the
establishment, such as a restaurant
1.25 spaces per guest room plus
requirements for any other use
associated with the establishment,
such as a restaurant
50 spaces per 18 holes
1 per 4 seats.or 1 per 80 sfgfa 1
exclusive of kitchen restroom faolifies
minimum
1 space per each 2 rCensed beds
intended for patient use, plus I space
per staff person, Including medical
and support staff based on the largest
employee shift
1.5 per unit up to 250 square feet
2 per unit between 251-500 square
feet
2.5 per unit between 501-750 square
feet
3.0 per unit over 750 square feet, plus
one (1) space for each three
(hundred] (300) square feet of floor
area utilized for guest services (le.
meeting rooms, banquet halls,
restaurants etc_)

i

htfi:/nibrary3.municOde.com/default/,QocYew/i2255/1 n2n7
1 1 1A J1nne
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p++j?.chmen-? 11 (,We-Odurk
MODEL DECLARATION OF RESTRICTIONS
August, 2003
STATE OF NORTH CAROLINA
'Z?YI.t.Y 2Wi CIL COUNTY
CONSERVATION DECLARATION
This DECLARATION of CONSERVATION COVENANTS, CONDITIONS, and
RESTRICTIONS (" ") is made on this !9&' day of
2004 by 1A ?-ee 150ya-k De d DPrneAAA U-0- 5UYL ', L-L-C
C" ? louren-1s)
RECITALS & CONSERVATION PURPOSES
A. Declarant is the sole owner in fee simple of the certain Conservation
Property (Property) being approximately / /. = acres, more particularly described in
Exhibit A attached hereto and by this reference incorporated herein [reference to a
recorded map showing a survey of the preserved area may be required); and
B. The purpose of this Conservation Declaration is to maintain wetland and/or
riparian resources and other natural values of the Property, and prevent the use or
development of the Property for any purpose or in any manner that would conflict with
the maintenance of the Property in its natural condition. The preservation of the Property
in its natural condition is a condition of Department of the Army permit Action ID
- q-D-767,q issued by the Wilmington District Corps of Engineers (Corps), required
to mitigate for unavoidable impacts to waters of the United States authorized by that
permit, and this Conservation Declaration may therefore be enforced by the United States
of America.
NOW, THEREFORE the Declarant hereby unconditionally and irrevocably declares that
the Property shall be held and subject to the following restrictions, covenants and
conditions as set out herein, to run with the subject real property and be binding on all
parties that have or shall have any right, title, or interest in said property.
ARTICLE 1. PROHIBITED AND RESTRICTED ACTIVITIES
Any activity on, or use of, the Property inconsistent with the purposes of this
Conservation Declaration is prohibited. The Property shall be maintained in its natural,
scenic, and open condition and restricted from any development or use that would impair
or interfere with the conservation purposes of this Conservation Declaration set forth
above.
Without limiting the generality of the foregoing, the following activities and uses are
expressly prohibited or restricted.
A. Disturbance of Natural Features. Any change disturbance, alteration or
impairment of the natural features of the Property or any introduction of non-native
plants and/or animal species is prohibited.
B. Construction. There shall be no constructing or placing of any building,
mobile home, asphalt or concrete pavement, billboard or other advertising display,
antenna, utility pole, tower, conduit, line, pier, landing, dock or any other temporary or
permanent structure or facility on or above the Property.
C. Industrial, Commercial and Residential Use industrial, residential and/or
commercial activities, including any right of passage for such purposes are prohibited.
D. Agricultural, Grazing and Horticultural Use Agricultural, grazing, animal
husbandry, and horticultural use of the Property are prohibited.
E. Vegetation. There shall be no removal, burning, destruction, harming, cutting
or mowing of trees, shrubs, or other vegetation on the Property.
F. Roads and Trails. There shall be no construction of roads, trails or walkways
on the property.
G. Si_gnage. No signs shall be permitted on or over the Property, except the
posting of no trespassing signs, signs identifying the conservation values of the Property,
signs giving directions or proscribing rules and regulations for the use of the Property
and/or signs identifying the Grantor as owner of the property.
H. Dumping or Storage. Dumping or storage of soil, trash, ashes, garbage, waste,
abandoned vehicles, appliances, machinery or hazardous substances, or toxic or
hazardous waste, or any placement of underground or aboveground storage tanks or other
materials on the Property is prohibited.
I. Excavation, Dredging or Mineral Use There shall be no grading, filling,
excavation, dredging, mining or drilling; no removal of topsoil, sand, gravel, rock, peat,
minerals or other materials, and no change in the topography of the land in any manner
on the Property, except to restore natural topography or drainage patterns.
J. Water Quality and Drainage Pattern There shall be no diking, draining,
dredging, channeling, filling, leveling, pumping, impounding or related activities, or
altering or tampering with water control structures or devices, or disruption or alteration
of the restored, enhanced, or created drainage patterns. In addition, diverting or causing
2
or permitting the diversion of surface or underground water into, within or out of the
easement area by any means, removal of wetlands, polluting or discharging into waters,
springs, seeps, or wetlands, or use of pesticide or biocides is prohibited.
K. Development Rights. No development rights that have been encumbered or
extinguished by this Conservation Declaration shall be transferred pursuant to a
transferable development rights scheme or cluster development arrangement or
otherwise.
L. Vehicles. The operation of mechanized vehicles, including, but not limited to,
motorcycles, dirt bikes, all-terrain vehicles, cars and trucks is prohibited.
M. Other Prohibitions. Any other use of, or activity on, the Property which is or
may become inconsistent with the purposes of this grant, the preservation of the Property
substantially in its natural condition, or the protection of its environmental systems, is
prohibited.
ARTICLE II. ENFORCEMENT & REMEDIES
A. This Declaration is intended to ensure continued compliance with the
mitigation condition of authorizations issued by the United States of America, U.S. Army
Corps of Engineers, Wilmington District, and therefore may be enforced by the United
States of America. This covenant is to run with the land and shall be binding on all
parties and all persons claiming under the Declarant.
B. Corps, its employees and agents and its successors and assigns, have the
right, with reasonable notice, to enter the Property at reasonable times for the purpose of
inspecting the Property to determine whether the Declarant, Declarant's representatives,
or assigns are complying with the terms, conditions and restrictions of this Conservation
Declaration.
C. Nothing contained in this Conservation Declaration shall be construed to
entitle Corps to bring any action against Declarant for any injury or change in the
Conservation Property caused by third parties, resulting from causes beyond the
Declarant's control, including, without limitation, fire, flood, storm, and earth movement,
or from any prudent action taken in good faith by the Declarant under emergency
conditions to prevent, abate, or mitigate significant injury to life, damage to Property or
harm to the Property resulting from such causes.
ARTICLE III. PUBLIC ACCESS
A. This Conservation Declaration does not convey to the public the right to
enter the Property for any purpose whatsoever.
3
ARTICLE IV. DOCUMENTATION AND TITLE
A. Conservation Property Condition. The Declarant represents and
acknowledges that the Property is currently undeveloped land, with no improvements
other than any existing utility lines, Declarations and rights of way.
B. Title. The Declarant covenants and represents that the Declarant is the
sole owner and is seized. of the Property in fee simple and has good right to make the
herein Declaration; that there is legal access to the Property, that the Property is free and
clear of any and all encumbrances, except Declarations of record.
ARTICLE V. MISCELLANEOUS
A. Conservation Purpose.
(l) Declarant, for itself, its successors and assigns, agrees that this
Conservation Property shall be held exclusively for conservation purposes.
B. Entire Agreement. This instrument sets forth the entire agreement of the
parties with respect to the Conservation Declaration and supersedes all prior discussions,
negotiations, understandings or agreements relating to the Conservation Declaration. If
any provision is found to be invalid, the remainder of the provisions of this Conservation
Declaration, and the application of such provision to persons or circumstances other than
those as to which it is found to be invalid, shall not be affected thereby.
C. Recording. Declarant shall record this instrument and any amendment
hereto in timely fashion in the official records of County, North Carolina,
and may re-record it at any time as may be required to preserve its rights.
D. Environmental Condition of Conservation Property. The Declarant
warrants and represents that to the best of its knowledge after appropriate inquiry and
investigation: (a) the Property described herein is and at all times hereafter will continue
to be in full compliance with all federal, state and local environmental laws and
regulations, and (b) as of the date hereof there are no hazardous materials, substances,
wastes, or environmentally regulated substances (including, without limitation, any
materials containing asbestos) located on, in or under the Property or used in connection
therewith, and that there is no environmental condition existing on the Property that may
prohibit or impede use of the Property for the purposes set forth in the Recitals.
IN WITNESS WHEREOF, Declarant has hereunto set his hand and seal, the day and
year first above written.
[Signature of Declarant in proper form)
4
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NOU-06-2008 15:10 FROM 70:9104522899 P.4/5
k44a..Mman f 12- ? aocdenda r-A- Z/g og?
% %0m
THE A
DAMd" • Y INC.
%1*j %C06, Ao?' q0h m"PA
CONSTRUCTION AND DEVELOPMENT
708 Abner Phillips Road
Warsaw, NC 28398
Phone [phone]
Fax [phone]
November 4, 2008
Jeff Baran
Hughes-Baran Development
6409 Westgate Road
Raleigh, NC 27617
Ref: Surf City Crossing Wetland Disturbance
Dearleff,
The US Corp of Engineers has asked for Justif cation for disturbing the wetland areas
around the intersection of NC Hwy. 210 and the proposed Alston Boulevard. We assisted you in
working with NC DOT (NC Department of Transportation) to place Alston Blvd. and the out
parcels in locations that satisfied NC DOT rules and disturbed the least amount of wetlands
feasible.
NC DOT has evaluated current and the potential traffic patterns for this area. They
originally requested that Alston Blvd. be move further east but realized that this would put the
proposed road in the middle of the wetlands. So, they agreed to a minimum of MY from the
nearest intersection of NC Hwy: 210, wbichis Wilkes lane, (road into Lowes). Therefore, based
on MC DOT minimum requirements, Alston Blvd. is exactly 750' east of Wilkes Lane.
The other NC DOT criterion was "limited access to NC Hwy. 210". NC DOT would not
allow any direct access to NC Hwy. 210 for another 750'. Therefore we were required to add a
'service road' to access the out parcel along NC Hwy. 210. However, the 'service road' could
not be closer than 251' down Alston Blvd. from the right-of-way of NC Hwy 210 due to
designing for proper "stacking". In addition NC DOT required an another 12' of reserved right-
of-way on the east side of Alston Blvd. for a right-turn only lane to be added to Alston Blvd. In
the future. With these requirements the "service road` was placed in a position using retaining
walls to minimize the impact of the existing wetlands.
There is no doubt in my mind that because of the constraints that NC DOT has put on us
we have done everything we could to minimize the impact of the existing wetlands and still be
able to expand the economy in the Surf City area.
NOV-06-2008 15: ii FROM:
Surf 6ty Crossing Wetland Disturbance
Please do not hesitate to call me at 910-293-2770 if you have any questions.
TQ:9109522899 P.5/5
Page 2
Cc: Howard Penton, Penton Development
David Syster, SEGi
The Adams Company, Inc.
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North Carolina
1AXe
DEPART[V ENT O THE
Elaine F. Marshall
Secretary
ECRETA?RY of STATE
,r
PO Box 29622 Raleigh, NC 27626-0622 [phone]
CORPORATIONS Date: 1214/2008
Corporations Home
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Corporation Names
Name Name Type
NC Hughes Baran Legal
Development Company, LLC
NC Baran-Hughes Prev Legal
Development Company, LLC
Limited Liability Company Information
SOSID: 0650064
Status:
Date Formed:
Citizenship:
State of Inc.:
Duration:
Registered Agent
Current-Active
10122/2002
Domestic
INC
Perpetual
Agent Name: Hughes, Robert V.
Registered Office Address: 6409 Westgate Road
Raleigh NC 27617
Registered Mailing 6409 Westgate Road
Address: Raleigh NC 27617
Principal Office Address: 6409 Westgate Road
Raleigh NC 27617
Principal Mailing Address: 6409 Westgate Road
Raleigh NC 27617
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SE.GA
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, North Carolina 28412
910.452.2711 (office) • 910.452.2899 (fax)
Date: December 15, 2008
To: Mr. Ian McMillan
Of: DWQ
Fax:
Attached you will find:*
SEGI Project #-. 06-137.01
Client Name: Howard Penton / Jeff Baran
USACOE Action ID#: UNCLASSIFIED
Transmittal Letter Ra,`
D F C 2008
?L?i? v?! ? OF' l?'A'I?rYBRA?ICti
?????.,?DS ?tul) S
? Proposal ? Sketch(es) ? PCN ? Signed Wetland Map ? Photo(s)
? JD Package ? Report(s) ? Plans x? Information Requested ? Other

Copies Dated Description
1 12/1 /08 Response to RFAI for Captiva Commons and Harris Teeter at Surf City
21 4 59

These are being delivered:
0 For your Review/Comment
? Corrected and Returned
? Other:
*tf noted items are NOT attached, please contact our office.
? For your Records ? Returned for Correction(s)
? For your Signature ? As Requested
By: ?x Hand Delivery ? Fed-Ex ? UPS ? Regular Mail ? Fax
Notes:
A copy of the response has been submitted to Joanne Steenhuis - DWQ Wilmington District Office
Dana
Signature and (Typed) Name:
>&Y
rfs
Date: Dgceft r 15, 2008
50utkcrn Environmcntal Grou Inc.
5315 South College }load, `juite r - Wilmington, north Carolina 28412
910.1-52-2711 - Fax: [phone] - [e-mail]
www.segws
December 9, 2008
Hand Delivery [SEGi Project #: 06-137.011
Mr. Ronnie Smith
Wilmington Regulatory Field Office
US Army Corps of Engineers
Post Office Box 1890
Wilmington, NC 28402-1890
RE: Response to RFAI for Captiva Commons and Harris Teeter
Surf City, Pender County a'-' V?1
AID#: SAW-2006-40759 D ?a -
DWQ Project #: 05 1516 SEC
Dear Mr. Smith,
This letter is in response to your email dated 27 October 2008, where you requested additional
information regarding the submitted Pre-Construction Notification (PCN) for the proposed Captiva
Commons at Surf City Crossing, located off Hwy 210, in Surf City, Pender County, North Carolina. At
this time, SEGi will attempt to provide the requested information and documentation necessary to render
the application complete.
1. The wetland impact calculations in the PCN are incorrect. Impact number 15 is not
described in the PCN and impact number 4 is not consistent with the impacts on the
submitted plans. As described, this activity does not qualify for a nationwide permit
because the wetland impacts are 0.508 acres. Also, we recommend that the impacts be
rounded to the nearest thousandth of an acre. Please provide a revised PCN to reflect the
impacts on the submitted plans.
¦ The PCN (Attachment 1) and Wetlands Impact Map (Attachment 2) have been revised to
reflect the following changes:
¦ Total permanent impacts to jurisdictional wetlands has been reduced to 0.44 acre.
¦ Total temporary impacts to jurisdictional wetlands has been reduced to 0.33 acre.
¦ The majority of the changes occurred on the residential portion of the development,
where most of the previously requested wetland impacts have been avoided or
substantially minimized. The Applicant, in order to ensure that no future permitting
would be necessary for the project, has included design plan for the two outparcels
fronting Hwy 210, referred to as OP 4 & OP 5 (see Attachment 2). With the inclusion of
the two outparcels, it is important to note that the total impacts proposed do not illustrate
the avoidance and minimization efforts put forth by the Applicants.
2. Please indicate where retaining walls will be utilized on the site plans. Please explain
why retaining walls are not a practicable alternative for the areas where they are not
proposed.
¦ The site plan has been updated to indicate where retaining walls will be utilized and a
typical cross section of the feature has been included with this correspondence (see
revised Attachment 2 and addendum Attachment 2b).
3. Please provide information comparing the number of proposed parking spaces for this
development to the minimum parking spaces required by the Town of Surf City.
Required (Min) Required (Max) Proposed Units/SF Required Spaces

3 Bdrm Units 2.25/unit 2.25/unit 48 units 108
2 Bdrm Units 2.0/unit 2.0/unit 156 units 312
1 Bdrm Units 1.5/unit 1.5/unit 108 units 162
Handicap See Attached Table See Attached Table 13 13
Pool/Clubhouse/ Not Established Not Established Not Determined Not Established
Mail Facility
". }„ I
Harris Teeter 1/400 SF 1/200 SF 48,756 SF 243
Handicap See Attached Table See Attached Table 10 Not Established
*Retail/Other 1/400 SF 1/225 SF or 14,494 SF (attached) 105
1/80 SF (restaurant) 3,800 SF (stand alone)
*Commercial 1/400 SF 1/225 SF or 12,000 SF total 62
Outparcels 4 & 5 1/80 SF (restaurant)
*Numbers are based on estimations. Guidelines were obtained from the Town of Surf City Supplemental District
Regulations - 5.1 Off-street parking and loading (See addendum Attachment 10).
¦ Parking requirements are based on the type of business that will be conducted. Since the
Applicant plans on leasing the space, it would not be in his best interest to base all
parking requirements on retail guidelines, as there is the potential to lease some of spaces
to restaurant chains or entrepreneurs. Therefore, the Applicant felt it justifiable to utilize
both retail and restaurant guidelines for determining adequate parking. Additionally, the
parking lot will be shared between three facilities. With that said, the Applicant proposes
to provide 285 parking spaces and 10 handicap spaces for the commercial development
located on the west side of Alston Blvd., which is well below the max allowed. Likewise,
31 spaces per building have been allotted for outparcels 4 and 5, also below the
maximum.
¦ According to the Supplemental District Regulations, the proposes 13 multi-family
buildings require 582 parking spaces and 13 handicap spaces (see addendum Attachments
10 and 13). The Applicant is proposing 570 parking spaces and 26 handicap spaces.
There are an additional 16 parking spaces proposed for the clubhouse/pool/mail facility
areas, which can be utilized as parking for the residential areas. In total 580 parking
spaces, 26 handicapped spaces and 22 boat/RV storage spaces are proposed. At this time,
the proposed site plan is 2 spaces below the required number of parking spaces. The
Applicant anticipates the Town of Surf City to recommend adding the additional two
spaces. However, no additional wetland impacts are anticipated with the incorporation of
the two parking spaces.
4. In order to reduce impacts at impact area 16, a culvert should be placed to maintain
hydrologic connectivity.
¦ This impact has been omitted.
5. Please provide a draft preservation document that will be used to preserve the
remaining on-site wetlands.
¦ See addendum Attachment 11.
¦ SEGi would like to bring to the Corps attention that the acreage of the preservation area
has changed. The change came about with the redesign of the residential development
and the inclusion of the two outparcels fronting Hwy. 210. The wetland acreage has been
reduced from 11.49 AC. to 9.63 AC. However, as compensation for the reduction in
wetlands being placed into preservation, the Applicants have dedicated 1.37 AC. of
upland to their preservation area. In total, 11.00 AC.of wetlands and upland will be
placed into strict preservation (see addendum Attachment 11).
6. It appears that wetland impacts can be avoided and/or minimized by doing the
following:
a. Reducing the number of parking spaces at impact number 2 and providing access
to the building from Highway 210.
¦ The number of parking spaces is based on a mixed use plan. The Applicant
anticipates leasing the space and does not want to limit what he can do with the
units due to the lack of parking spaces. Therefore, the Applicant feels the number
of spaces proposed allows for a mixed use of the building(s).
¦ Due to DOT regulations and requirements, access to OP 4 and OP 5 would be
restricted to "right in" and "right out" only (see addendum Attachment 12). This
option does not meet EMS access requirements.
b. Reducing the number of parking spaces and reconfiguring the building layout for
buildings 1 and 2.
¦ The entire site plan and PCN have been revised (see revised Attachments 1 and
2).
c. Shifting the entrance road west approximately 15 to 20 feet at impact areas 1, 3
and 4.
¦ Alston Blvd. is situated as it is to meet DOT site distance requirements, shifting
the road to the west is not an option (see addendum Attachment 12).
d. Reducing the number of square features/storage units at impact areas 3 and 6.
¦ Considering the reduction in impacts associated with the residential development
portion of the project, the Applicant prefers not to reduce the number of storage
units. There are 312 residential units and only 81 storage units. The Applicant
would actually like to have more if possible.
e. Reducing the number of parking spaces and shifting the road away from the
wetlands at impacts 4 and 5.
¦ These are all storage units. Parking is not being proposed in this area.
E Shifting buildings 3 and 16 south to avoid impacts 15 and 17. If storm water
management facilities will be placed in those areas, please depict them on the site
plans.
¦ Based on the revised site plan, the impacts referenced above have been omitted.
g. Directionally drilling the utility lines to avoid impacts 10, 11, and 13.
¦ The Applicants have relocated the sewer line, thus impacts 10 and 11 have been
avoided.
¦ Please note, Impact Area 13 is now Impact Area 9. Unfortunately, due to the size
of the stormwater pipe, it is not possible to install the structure by directionally
drilling.
7. If you are seeking a signed wetlands survey, please provide legible maps on 11 x 17
sheets.
¦ Three (3) "to scale" 24" x 36" and five (5) "not to scale" 11" x 17" copies of the
wetland boundary survey have been included with this correspondence. Of these
maps, SEGi requests that 1 "to scale" and 1 "not to scale" be returned to both the
Applicants and to SEGi.
It is SEGi's hope that the information and documentation found within and attached to this
correspondence will sufficiently address the Corps' questions and concerns regarding the proposed
development. Should you need further information, please do not hesitate to contact me at
910.452.2711.
Sincerely,
G-? ? ?- ': ?-,
Dana A. Lutheran
Project Manager
cc: Ms. Joanne Steenhuis - DWQ 401 Unit, Wilmington
Mr. Ian McMillan - DWQ 401 Oversight Unit, Raleigh
Enclosures: Attachment 1 - PCN (Revised 12/9/08)
Attachment 2
Attachment 2b
Attachment 10
Attachment 11
Attachment 12
Attachment 13
Site Plan (Revised 12/9/08)
Retaining Wall Cross Section (Addendum 12/9/08)
Pender County Supplemental District Regulation 5.1 (Addendum
12/9/08)
Draft Model Declaration of Restrictions and Exhibit A (Addendum
12/9/08)
The Adams Company, Inc. Letter (Addendum 12/9/08)
Residential Buildings Layout (Addendum 12/9/08)