20181487 Ver 1_Response to USACE RFAI_20181221

Strickland, Bev
From: [e-mail]
Sent: Friday, December 21, 2018 12:15 PM
To: 'Beecher, Gary H CIV USARMY CESAW (US)'
Cc: Coburn, Chad; Montalvo, Sheri A
Subject: [External] RE: [Non-DoD Source] RE: Leland Commercial (SAW -2005-01297) PCN
Review (UNCLASSIFIED)
Attachments: Leland Commercial - Carol Lynn Tracts Response to USACE RFAI 12-19-18
Reduced.pdf
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to Report Spam.<mailto:[e-mail]>
Gary,
Please find the response to your RFAls attached. I believe I addressed all of your concerns. I am waiting on Christian
Preziosi, with LCFUMB, to send me an updated credit reservation letter. The one he sent indicated non -riparian. I will
forward to all, upon receipt.
Dana
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
Office: 910.452.2711
Mobile: [phone]
www.segi.us
-----Original Message -----
From: Beecher, Gary H CIV USARMY CESAW (US) <[e-mail]>
Sent: Thursday, November 29, 2018 2:42 PM
To: [e-mail]
Subject: RE: [Non-DoD Source] RE: Leland Commercial (SAW -2005-01297) PCN Review (UNCLASSIFIED)
CLASSIFICATION: UNCLASSIFIED
Dana,
Just to give you a heads up on this one, probably going to have Chad (DEQ) and Mickey or Brad with me also. All three of
these guys are pretty familiar with this site. I know it from the NCDENR (Erosion control side), but not from the wetlands
side.
Probably not going to get out there until early to mid- January 2019.
Gary
1

-----Original Message -----
From: [e-mail] [mailto:[e-mail]]
Sent: Thursday, November 29, 2018 2:25 PM
To: Beecher, Gary H CIV USARMY CESAW (US) <[e-mail]>
Subject: [Non-DoD Source] RE: Leland Commercial (SAW -2005-01297) PCN Review
(UNCLASSIFIED)
Thank you, Gary.
I can meet with you on any day to look at the site. Just give me a call to schedule. In the meantime, I will work on
addressing your comments.
Dana
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
Office: 910.452.2711
Mobile: [phone]
Blockedwww.segi.us
-----Original Message -----
From: Beecher, Gary H CIV USARMY CESAW (US) <[e-mail]>
Sent: Wednesday, November 28, 2018 4:55 PM
To: [e-mail]
Subject: Leland Commercial (SAW -2005-01297) PCN Review (UNCLASSIFIED)
CLASSIFICATION: UNCLASSIFIED
Dana,
I hope you had a good Thanksgiving,
There's a lot of history on this site. It goes back to the mid 2000's.
Below are some of the items that need to be addressed:
1. The original JD expired on June 4, 2013, that and due to the history of this site, a site wetland verification and site visit
will be required to insure that the prior violations have been addressed. One of our regulations states that a Permit
cannot be issued until all prior enforcement actions have been resolved and closed out.
2. Based on the site plan that you provided it appears that impacts 2, 3, 4 & 5 can be avoided. They can be avoided by
relocating or reducing the size of the proposed roads and buildings.
3. A Mitigation Responsibility Transfer Form needs to be submitted showing that your client has contacted the Lower
Cape Fear Mitigation Bank and that the bank has those Riparian Wetlands available.
4. The mitigation for the Riparian (Bottomland Hardwood) Wetlands is going to be at a rate of 2:1.

The application is not complete until the above items are addressed. There may also be additional items that will need
to be addressed throughout the application process.
Respectfully,
Gary
CLASSIFICATION: UNCLASSIFIED
CLASSIFICATION: UNCLASSIFIED

,southern Lnvlronmental 6r0uP, Inc.
i
15 5outh College Road, rjuite E • W,W-gto • (\forth Carolina 2841 2
rh:9,0.•+52.2711 -Fax: [phone] w s gi.
t
19 December 2018
Electronic Mail
Mr. Gary Beecher
US Army Corps of Engineers (USACE)
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, NC 28403
GM.h.beecher@.usace.g.M.mil
RE: Leland Commercial (Carol Lynn Tract) Response to USACE Request for Additional Information (RFAI)
Brunswick County, North Carolina (SAW -2005-01297)
Dear Gary,
Please accept this correspondence and accompanying attachments, as Southern Environmental Group, Inc.'s (SEGi)
response to your emailed RFAIs, dated 11/29/18 and 12/13/18, both of which have been outlined below, followed by
SEGi's response:
11/18 RFAI
1. The original JD expired on June 4, 2013, that and due to the history of this site, a site wetland verification
and site visit will be required, to insure the prior violations have been addressed. One of our regulations
states that a Permit cannot be issued until all prior enforcement actions have been resolved and closed out.
Resolved as per your 12/13 email.
2. Based on the site plan that you provided it appears that impacts 2, 3, 4 & 5 can be avoided. They can be
avoided by relocating or reducing the size of the proposed roads and buildings.
Impact Area 2 — This impact cannot be avoided, as it provides access to Outparcel #4. Per NC Department
of Transportation (DOT) Driveway Guidelines, the access drive, into the outparcel, must be at least 100' off
the ROW (see Attachment 1), and the DOT will not approve a single drive, off US Hwy 17, at this location,
due to the fact that it is so close to Carol Lynn Road. That being the case, the Applicant chose to cross the
wetland feature, at its narrowest section, as is illustrated by the curve in Roseblossom Drive, which is
required to align where it crosses Clapboard Lane.
Impact Area 3 — This impact was removed, by reducing the proposed grade to 3:1 rather than 5:1. Impact
Area 3 is now the old Impact Area 4 (see Attachment 2).
Impact Area 4 — The Applicant reduced the number of units in Building #16, from 3 to 2, which reduced the
impact by approximately 190 SF. However, to avoid this impact, the Applicant would lose buildings #16
and #17 (6 individual dwelling units). The cost to install the utilities and road, to service only Building #17
(4 units), is not feasible. Building #16 is the smallest building footprint that can be used, in a multi -family
development (i.e. 2 units), thus avoidance is not practicable. Additionally, the cost to mitigate the impact,
through the LCFUMB, is much less than the cost of losing 6 units, which is 5% of the proposed dwelling
inventory. While the limit of fill was minimized, it is anticipated that the biological, physical and chemical
processes, the feature presently contributes, would be removed, once the project is completed, and will not
remain functionally viable. Therefore, the Applicant is accounting for the anticipated indirect impact, with
this permit application.
Impact Area 5 — This impact is now #3. Due to setbacks, and stormwater requirements, the impact cannot be
avoided, but has been minimized by reducing the proposed grade, behind Building #23, from 5:1 to 3:1,
which reduced the impact to 79 SF, a difference of 1,149 SF (see Attachment 2).

Leland Commercial Response to USACE RFAI �3C1i
In total, the Applicant has avoided and additional 1,173 Sf (0.03 AC) of wetland impact. The PCN has been
updated to reflect the changes (see Attachment 3).
3. A Mitigation Responsibility Transfer Form needs to be submitted showing that your client has contacted the
Lower Cape Fear Mitigation Bank and that the bank has those Riparian Wetlands available.
Please find the Credit Reservation Letter from the Lower Cape Fear Umbrella Mitigation Bank attached
(Attachment 4).
4. The mitigation for the Riparian (Bottomland Hardwood) Wetlands is going to be at a rate of 2:1.
The Applicant is proposing to make payment to the LCFUMB, at a rate of 0.98:1, for the unavoidable
impacts to 0.306 -acre of riparian wetlands (see Attachment 4). To adhere to the 2:1 mitigation to impact
ratio would require the Applicant to purchase an additional 0.10 -acre of restoration credit for 0.006 -acre of
impact. Therefore, the Applicant and SEGi believe the proposed mitigation plan is sufficient to offset the
proposed impacts to the bottomland hardwood forest.
12/13 RFAI
1. Your e-mail address is listed under the owner's e-mail address, and you also put your phone number
instead of the property owner's phone number?
Phone: [phone]
Email: trsmithms(kgmail.com
2. Section 4f.• The total amount of wetlands onsite as being 0.18 acres, however, in Section 4i the impacts to
wetlands are listed at 0.215 acres with a cumulative wetland impact at 0.297 acres?
The PCN has been revised to correct this error and to reflect the new impact amounts (see Attachment 3).
3. Section 5b: Contact has not been made with the USFWS regarding the potential for Endangered Species on
this site.
SEGi has registered the project in the USFWS Information for Planning and Consultation (IPaC) and have
received a Species List for the project area (see Attachment 5). Since the project area contains suitable
habitat for a few of the federally -listed species, known to be present within Brunswick County, the proposed
action has the potential to adversely affect those species. Therefore, SEGi surveyed the project site to
determine species' presence or absence. As a result, prepared the attached Endangered Species
Determination Report (Attachment 5), and based on our findings, the proposed action will not adversely
affect any of the species found within the USFWS Species List.
4. The site plan is difficult to read and interpret. The plan needs to be simplified to show the Waters of the US,
WOUS impact areas and amounts. Buildings, structures and parking areas need to be clearly shown on the
plan. I can't tell if the proposed impacts are to buildings or to parking lots. There is a somewhat rectangle
shaped feature in outparcel 3, will this area be impacted for this project. Why is this area blocked off from
the rest of the site?
The site plan has been revised to clearly discern between buildings and driveways, and the Waters of the US
impact areas are clearly denoted (see Attachment 1). The rectangular feature on Outparcel #3 is under
contract by the Applicant, but there is a title issue. Therefore, it has not been added to the tract. The
Applicants are confident that title issue will be resolved in the near future.
5. The Nation-wide Permit requested is a NWP 29 for Residential Development, yet this project is called
Leland Commercial? Will this site have a commercial section to it?
The request should have been for a Nationwide Permit 39. Yes, the project consists of constructing 32
buildings that will provide 121 individual dwelling units. Commercial development will take place on
Outparcels 1-5. The PCN has been updated to reflect this change and additional information (see
Attachment 2).
6. Why is wetland impact #2 required? This site will already have two separate access roads. It does not
appear that the Avoidance and Minimization practice is being implemented for this application. Please
explain why this access road is required for this project.
Please see response to 11/18 RFAI, #2.

Leland Commercial Response to USACE RFAI SEGi
It is SEGi's hope that the information submitted within and attached to this letter is sufficient to satisfy the USACE's
RFAI. However, should you still have questions or concerns, please feel free to contact me directly, at 910.228.1841.
As always, thank you for your time and assistance with this project. We look forward to hearing from you.
Sincerely,
Dana A. Lutheran
Project Manager
Enclosures (5)
cc: Mr. Chad Coburn — NC DWR WiRO ([e-mail])
Ms. Sheri Montalvo — NC DWR Raleigh (sheri.montalvo(a ncdenr.gov)

Leland Commercial — Carol Lvn Tracts Response to USACE RFAI
Attachment 1
NC DOT Driveway Guidance
Polley Ort Shoat AM 17 iVeWayAccess to Harsh Carollha HighWhys
For any development with an intermal roadway network. a minimum storage of 100
feet measured from the ricar edge of the right-of-way will be required before any
urmsing or Ielt- turn Inyc=flic14 arc aIIo wed_
Internal Site design (recommended)
I
In addition to providing for better internal circulation, execedine the minimum
46vv way plan Will pfovidt for ful4m .caT i,ty an4 minimi-rc Lf}n-qesLM}n on the
main roadway, The minimum driveway stem distance may be incrva,qed based oTi
an malysis of the traffic opei-atiuns of ffic inLemal roadway network.
Tr-4flle calming measures pr traffic: control devices that sl[ww or stop entering
traffic must not cause vehicles to Imck into the public right-cf-way.
i (12/19/18)

Leland Commercial — Carol Lyn Tracts Response to USACE RFAI '5L Cl i
Attachment 2
Revised Wetland Impact Map and Building Layout Site Plan
ii (12/19/18)

ZONE
ZONE
JC RENTALS, LLC
#0460003902
DB. 2098 PG. 34
IZONING: C -LD
I
� I
II
JC RENTALS, LLC
I #0460003901
DB. 2075 PG. 832
ZONING: C -LD
II
I
II
II
I
I
I
ANNE F. PINTO
#04600039
DB. 152 PG. 505
ZONING: C -LD
I
II
I
i
\
\ '\
KEVIN & D 004805 DUFFY
DB. 0391070 PC. 0671 \ I \ I
ZONING: SBR -6000
1 `
40.
aB+B 416�A EREZ WEISS I \
O.
DB. 039670 PG.00533 I \ 1 I
••�` 0) \ ?J II ZONING: SBR -6000 I \ 1 I I
1.
BETTY H. SIMMONS
\ \ #37OPG8
01
DB. 3007 1226 \\ \
MC. H PG. 129 \
CSS ZONING: SBR -6000 ® \ \ \
STOR ` \\
CULV r�
E RE �
(33 2 MARK SNOWDEN
TCHA sr #046LA G. � C \ � ��• DB. 02202 PG. 0018
30'
ZONING: SBR -6000 �n
\ \\ V
RIPARIAN ars WIDT \\ \ 5g \ �, d
BUFFER I
pwFT4 q
2o�kFros
u S`5`` \ L� 11 \\ \ KIMBERELY J FOWLER \
1 \ #046LA060
v \ \ �'� , 1 \ \ DB. 01108 PG. 0675
_ — � � 1 \ x3 2
/ ZONING: SBR -6000
-EL[}SAI€LA - -Sms SS —
\\ \\ \\
L_ r-------
TPARCEL
+ 1.141 AC- 1
I
I
1
I
I
IX 18•
No.
Revision
Date
B
1
REVISED PER CORPS COMMENTS
12/14/18
MNH
MNH
000062
/
SIF
SF
AC• • , ,'v©��,•���
AC
r
79
SF
0.002
AC
30
C A S B
OUTPARC L 2
+1.28A
M ORIGIN
Mil;so
' ."�.,� r+ ��.w�ir�f.�����_ ___ �� � • • �._.. C �._...._ ,may
I
OUTPARCEL141%
nr
59
74.21
I
I I
TPARCEL 5
247 AC ._
FM IM
b
�- — oe sacane ><ti soya sou>�n Lum
r HIGHWAY 17 `
�y PUBLIC R/W (WIDTH VAMS)
US HIGHWAY 17
PUMM 2/1r (WmTa VARA -- -------------------
( NORM BOUND LANES — —
Designer
MNH
Scale
AS SHOWN
Drawn By
Date
MNH
OCTOBER, 2018
Checked By
,#27•
MNH
000062
/
SIF
SF
AC• • , ,'v©��,•���
AC
r
79
SF
0.002
AC
30
C A S B
TPARCEL 5
247 AC ._
FM IM
b
�- — oe sacane ><ti soya sou>�n Lum
r HIGHWAY 17 `
�y PUBLIC R/W (WIDTH VAMS)
US HIGHWAY 17
PUMM 2/1r (WmTa VARA -- -------------------
( NORM BOUND LANES — —
Designer
MNH
Scale
AS SHOWN
Drawn By
Date
MNH
OCTOBER, 2018
Checked By
Job No.
MNH
000062
GRAPHIC SCALE
100 0 50 100 zoo
1 inch = 100 ft.
BRUNSWICK COUNTY
LE LAND COMMERCIAL
— GIS —
NORTH CAROLINA
3.82
3,841
/
I
0.088
/
#2
5,528
BWER17 LLC
I
000062
/
0392
DB. 03920 PG. 0619
SF
ZONING., C -LD
x 3 .98 / aWM17 LLC
Q Off. 7 0�IM
. 081!1
b.ZONN: C -LD
C OM
A.REAN
M�M -Fd-FU
�✓ EFTA
FM FM GIPM RAL
-------
------ ------ r
(�U
-------------
BUSTER DEVELOMENT, LLC
214 QUILON CIRCLE
WILMINGTON, NC 28412
PROPOSED WETLAND IMPACTS
#1
3,841
SF
0.088
AC
#2
5,528
SF
0.128
AC
#3
2,158
SF
0.050
AC
#4
79
SF
0.002
AC
TOTAL 11,606 SF 0.268 AC
DITCH IMPACTS
#1 352 SF 0.008 AC
PORI CI I Y CONSUL I ING
ENGINEERS, PLLC
6216 STONEBRIDGE ROAD
WILMINGTON, NC 28409
910-599-1744 LICENSE No. P-1032
40
38
36
34
32
30
34 EXISTING 34
32 GRADE 32
30 30
28 28
26OPE
VIN
E 4 CULVERT
OVED
0+00 0+50
SECTION A -A
1 11 = 50'
PROPOSED
GRADE
36 36
34 34
3232 EXISTING
GRADE
30 30
28 L S B 28
26 RI R PI
26
M IN
PROPOSED
SE ER
0+00 0+50 1+00
SECTION B -B
1 11 = 50'
WATER
MAIN PR POSED
STORM
C LVERT
0+00 0+50 1+(
GAE 40
38
36
34
32 PROPOSED
30 4" FORCE MAIN
PROPO ED
8" GR VITY SEWER
SECTION C -C
111=50'
1+50
PROPOSED
GRADE WATIFIR
M I
38
38
36
36
34
8' HDPE
34 EXISTING
C L ERT
GRADE
32
32
30
30
C A S B
RAP
28
--RI
28
R P S D
8 R VI YS WR
0+00 0+50 1+00 1+50
SECTION D -D
1 11 = 50'
ESIGN - NOT RELEASED FOR
WETLAND IMPACTS
Sheet No.
C-4.3

No.
Revision
Date
B
1
REVISED PER NCDEQ COMMENTS
12/9/18
MNH
MNH
Designer
MNH
Scale
AS SHOWN
Drawn By
Date
MNH
OCTOBER, 2018
Checked By
Job No.
MNH
LELAND COMMERCIAL
BRUNSWICK COUNTY
NORTH CAROLINA
BUSTER DEVELOMENT, LLC
214 QUILON CIRCLE
WILMINGTON, NC 28412
ENGINEERS, PLLC
6216 STONEBRIDGE ROAD
WILMINGTON, NC 28409
SITE PLAN
Sheet No.
C-3.0

Leland Commercial — Carol Lyn Tracts Response to USACE RFAI '5L Cl i
Attachment 3
Revised Pre -Construction Notification
iii (12/19/18)

Leland Commercial - Carol Lynn Tracts Revised 12/19/18 SEGi
DWR
mrislan of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
September 29, 2018 Ver 3
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered.
Also, if at any point you wish to print a copy of the E -PCN, all you need to do is right -click on the document and you can print a copy of the form.
Below is a link to the online help file.
https://edocs.deq.nc.govMaterResources/O/edoc/624704/PCN/20Help /2OFile%202018-1-30.pdf
CProcessing Information u
County (or Counties) where the project is located:*
Brunswick
Is this project a public transportation project?*
C Yes r No
This is any publicly funded by nunicipal,state a federal funds road, rail, airport transportation project.
1a. Type (s) of approval sought from the Corps: *
7 Section 404 Permit (wetlands, streams and waters, Clean Water Act)
F Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type (a) of permits) do you wish to seek authorization?*
W Nationwide Permit (NWP)
r Regional General Permit (RGP)
F_ Standard (IP)
This form may be used to initiate the standard/individual permit process with the Corps. Please contact your Corps representative concerning submittals for standard permits. All required items that
are not provided in the E -PCN can be added to the miscellaneous upload area located at the bottom of this form.
1c. Has the NWP or GP number been verified by the Corps?*
C Yes r No
Nationwide Permit (NWP) Number: 14 - Linear transportation
NWP Numbers (for multiple NWPS):
29
List all NNnunbers you are applying fa not on the drop dawn list.
1d. Type(s) of approval sought from the DWR:*
check all that appy
V 401 Water Quality Certification - Regular
F Non -404 Jurisdictional General Permit
F Individual Permit
1e. Is this notification solely for the record because written approval is not required?
For the record only for DWR401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
C Yes r No
r 401 Water Quality Certification- E)press
F_ Riparian Buffer Authorization
*
C Yes r No
C Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
V so, attach the acceptance letter from mitigation bark a in -lieu fee program
r Yes C No
Acceptance Letter Attachment
Click the upload button or drag and drop files here to attach docurrent
FLETYFEtv4.6TBERF
Page 1

Leland Commercial - Carol Lynn Tracts Revised 12/19/18
1 h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?*
r Yes r No r Unknown
1j. Is the project located in a designated trout watershed?
O Yes r No
Link to trout information: http://vwwvsaw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordinationrrrout.aspx
B. Applicant Information
1a. Who is the Primary Contact?
Dana A. Lutheran
1c. Primary Contact Phone:*
1 b. Primary Contact Email: * (xxx)xxx-xxxx
[e-mail] [phone]
Id. Who is applying for the permit?*
r- Owner rJ Applicant (other than owner)
(Check at that apply)
1e. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:*
Buster Development, LLC
2b. Deed book and page no.:
T1
2c. Responsible party:
(for Corporations)
Mr. Tom Smith
2d. Address*
Street Address
214 Quilon Circle
State/ Frovince / Rion
Address line 2
NC
Qty
State / Aovince / Fagian
Wilmington
NC
Postal / Zip Code
Country
28412
us
2e. Telephone Number:*
[phone]
2f. Fax Number:
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:*
Mr. Tom Smith
3b. Business Name:
(if applk;aNle)
Buster Development, -Lc
3c. Address*
Street Address
214 Quilon Circle
Address Line 2
Qty
State/ Frovince / Rion
Wilmington
NC
Postal / Zip Code
Country
28412
us
SEGi
Page 2

Leland Commercial - Carol Lynn Tracts Revised 12/19/18
3d. Telephone Number:*
[phone] 3e. Fax Number:
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:*
Dana Lutheran
2b. Property size:
4b. Business Name:
(in acres)
(if applicable)
28 acres
Southern Environmental Group, Inc. (SEGi)
4c. Address*
Street Address
5315 South College Road, Suite E
Address Line 2
Slate /Fro ince/ Fegicn
City
State/ Rovince / Region
Wilmington
NC
Fbstal / Zip Code
Country
28412
us
4d. Telephone Number:*
[phone]
4e. Fax Number:
4f. Email Address:*
[e-mail]
Agent Authorization Letter*
Please provide the Agent Authorization Letter if you are subr itting this dwurrent.
Buster Development Operating agreement.pdf
Buster Development Signed Agent Authorization.pdf
FLENFEMHr BEFCF
6.89MB
248.34KB
SEGi
C. Project Information and Prior Project History
1. Project Information U
1a. Name of project:*
Leland Commercial - 28 Acres Carol Lynn Tracts
1b. Subdivision name:
(d appropriate)
NA
1c. Nearest municipality/town:
*
Leland
2. Project Identification LJ
2a. Property Identification Number:
(tax FIN parcel Q
2b. Property size:
Multiple (see Parcel Information Summary
(in acres)
Sheet)
28 acres
2c. Project Address
Street Address
8031 Ocean Highway E
Address Line 2
City
Slate /Fro ince/ Fegicn
Leland
NC
Postal / Zip Code
Country
28451
us
2d. Site coordinates in decimal degrees
Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on howthe location was
determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.)
Latitude:*
Longitude:*
Page 3

Leland Commercial - Carol Lynn Tracts Revised 12/19/18 SEGi
34.198717 -78.061838
ex: 34.208504 -77.796371
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Morgan Branch
3b. Water Resources Classification of nearest receiving water:*
C;sw
Surface Water Lookup
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12 -digit HUC in which the project is located.*
030300050603
River Basin Lookup
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
The subject property is located at the intersection of US Hwy 17 S (Ocean Highway E) and Carol Lynn Drive NE and is bordered by residential dwellings to the north and west, US
Highway 17 S to the east and Carol Lynn Drive NE to the north. The site is currently wooded. An upland cut ditch extends from the northern project limits south to where it intersects with
a warm water stream, which originates out of the bottomland hardwood forest, located on the eastern portion of the property (see site plan for details). Severe erosion of the ditch and
stream took place during Hurricane Florence. This is evident by the amount of sand that has been deposited on the banks of the stream. A soil road with 24" culvert is located
downstream of where the ditch discharges into the stream.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
Click the upload button or drag and drop files here to attach decurrent
Carol Lynn Topo Map 071017.pdf 1.51 MB
Carol Lynn LiDAR Map 071017.pdf 843.59KB
Re type rrust be pdf
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Click the upload button or drag and drop files here to attach docurreet
Carol Lynn Soil Map 071017.pdf 1.16MB
Re type rrust be pdf
4f. List the total estimated acreage of all existing wetlands on the property:
0.18 Ac.
4g. List the total estimated linear feet of all existing streams on the property:
(irdemittent and perennial)
+/-380 LF
4h. Explain the purpose of the proposed project:*
The purpose of this project is develop 5 tracts of land into a mixed use, high density development, within a fast growing section of Brunswick County, NC.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project will consist of impacting 0.268 -acre of bottomland hardwood forest, for two road crossings and building pad (Impact Areas 1 & 2), 0.05 -acre of basin wetlands (Impact
Areas 3 & 4 ) and 0.008 -acre of RPW/ditch (Impact Area 6). Cumulatively, the project will impact 0.32 -acre of wetlands and 0.008 -acre of RPW/ditch. Impact Area 1 requires the
installation of a 24" x 68' HDPE culvert and 10' of Class B rip -rap, on the downstream end; Impact Area 2 requires the installation of a 24" x 130' HDPE culvert, with 10' of Class B rip -rap
on the downstream end; and RPW Impact 1 will require the installation of a 48" x 80' HDPE culvert, with 10' of Class B rip -rap on the downstream end. Additionally, the Applicant
proposes to remove the existing soil road and 24" culvert from the stream and restore the feature to its original grade and contour. Large machinery, such as backhoes, dump trucks,
bulldozers and graders, will be used to conduct the work. While filling the entire wetland at Impact Area 5, it is anticipated that the remaining wetland area will not remain functionally
viable, as the hydrologic input (i.e. surface water runoff) will be removed. This is the only indirect impact that is anticipated to take place, with this project.
4j. Please upload project drawings for the proposed project.
Click the upload button a drag and drop files here to attach docurrent
Leland Commercial Proposed Wetland Impact Map.pdf 763.23KB
Re type rrust be pdf
5. Jurisdictional Determinations
Sa. Have the wetlands or streams been delineated on the property or proposed impact areas?*
C Yes r• No C Unknown
Comments:
See attached JD Packet
5b. If the Corps made a jurisdictional determination, what type of determination was made?
r Preliminary r Approved r Not Verified t- Unknown r N/A
Corps AID Number:
Page 4

Leland Commercial - Carol Lynn Tracts Revised 12/19/18
&ample: SAW -2017-90900
USACE AID# SAW -2005-1297 and NCDWR NOV 2005 -SS -0015 (see JD Request Packet)
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): David Scibetta
Agency/Consultant Company: SEGi
Other:
MI. Jurisdictional determination upload
nick the upload button or drag and drop files here to attach document
Carol Lynn JD Request Package 103018.pdf 4.86MB
Re type must be PrF
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity? This
includes other separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification.
LD. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
W Wetlands r Streams -tributaries r Buffers
V Open Waters r Pond Construction
2. Wetland Impacts
ff there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
"W." will be used in the table below to represent the word "wetland".
SEGi
1
2
2a1 Reason * (')
Road Crossing
Road Crossing
2b. Impact type * M2c.
P
P
Type of W. *
Bottomland Hardvvood Forest
Bottomland Hardvood Forest
2d. W. name *
C
C
2e. Forested *
Yes
Yes
2f. Type of
Jurisdicition*(?)
Corps
Corps
2g. Impact
area*
0.088
(acres)
0.128
(acres)
(acres)
3
BuildingPad
P
Small -Basin Wetland ��D
Yes
Cors
P
0.050
(acres)
4
Building Pad
P
Small -Basin Wetland
E
Yes
Corps
ffHl-
2g.
Total Temporary Wetland Impact
0.000
2g. Total Permanent Wetland Impact
'0729� 0.358
2g. Total Wetland Impact
-+2W— 0.358
2h. Comments:
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water
impacts below.
Site #' M II4al. Impact Reason 1I4b. Impact type"(') II4c. Name of waterbody(?)
Activity type" I4e. Waterbodytype " I4f. Impact
RPW 1 Road CrossingP NA Fill Ditch (1100.00811
Page 5
0.008

Leland Commercial - Carol Lynn Tracts
4g. Total temporary open water Impacts:
0.00
4g. Total permanent open water impacts:
-7y� 0.008
4g. Total open water impacts:
�6>4� 0.008
4h. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
Revised 12/19/18 SEGi
Ia. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project,*
The Applicant designed the project to minimize wetland impacts to the greatest extent practicable by situating the road crossing to intersect the
wetlands as near to perpendicular as possible and at the narrowest points. Additionally, stormwater ponds are situated next to wetlands, which allows
infiltrated stornmeter to recharge the wetlands, though groundwater migration. The Applicant also reduced the slopes, off the back of the building, to avoid 1225 SF wetland impact.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: *
Prior to major land disturbance activities taking place, sediment and erosion control measures will be installed to reduce the potential for sediment
and/or construction stornweter from discharging into waters of the US. Work within wetlands will only be conducted during dry periods. Work within the
stream and/or ditch will not take place within 48 hours of a rain event that is anticipated to produce or produces 1/2" of rainfall within a 24 hour period.
Once the work is finished, the stream bed will be lined with jute mat, the banks with excelsior matting, and both pinned into place.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
c Yes
r No
2c. If yes, mitigation is required by (check all that apply):
V DWR
W Corps
2d. If yes, which mitigation option(s) will be used for this project?
W Mitigation bank r Payment to in -lieu fee W Permittee Responsible
program Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Lower Cape Fear Umbrella Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
....................
Type: Quantity:
Riparian wetland 0.30
Attach Receipt and/or letter
Click the upload button a drag and drop files here to attach docurrent
FLETYFEMb'TBEFCF
3c. Comments
A credit reservation letter will be submitted to the agencies upon approval of the proposed mitigation plan.
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website.
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan including mitigation credits generated.
The Applicant intends to restore 33 linear feet of warm water stream, by removing the existing 24" culvert and soil road. The area will be graded to
match the existing width and depth of the stream channel and the banks of the slopes. See Wetland Impact Map for a profile of the proposed work.
5b. Mitigation Plan Upload
Click the upload button or drag and drop files here to attach document
Re type rmst be pdf
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more
information.
C Yes
r: No
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
Page 6

Leland Commercial - Carol Lynn Tracts Revised 12/19/18 SEGi
— Recent changes to the stormwater rules have required updates to this section .-
1. Diffuse Flow Plan
Ia. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r: No
For a list of options to meet the diffuse flow requirements, click here
If no, explain why:
This site is not located within a Riparian Buffer River Basin
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOTs Individual NPDES permit NCS000250?
r Yes r• No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H.1003(2)?*
r Yes F No
To look up low density requirement click here 15A NCAC 02H.1003(2).
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?*
r Yes C No
Hnt: projects ttrat have vested rights, exemptions, a grandfathering fromstate or locally inplemented stomwater programs a projects that satisfy state or locally-inplerrented stormwater prograrrs through use of camunity in -lieu programs should answer no
to this question.
3. Stormwater Requirements
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause
degradation of downstream surface waters.*
r Stormwater Management r- Antidegradation
Plan Calculations
3b. Stormwater Management Plan: If submitting a SMP for review and approval, it shall comply with the high-density development requirements set forth in 15A NCAC 02H .1003.
Include all appropriate stormwater control measure supplemental forms and associated items.
Click the upload button a drag and drop files here to attach document
FLETYFEM_bTBEFCF
3c. Antidegradation Calculations: If submitting calculations to document the project will not cause degradation of downstream surface waters, the documentation shall include a
detailed analysis of the hydrological impacts from stormwater runoff when considering the volume and velocity of stormwater runoff from the project built upon area and the size
and existing condition of the receiving waterbody(ies).
Click the upload button a drag and drop files here to attach document
FLENFEMbTBEFCF
Comments:
The Applicant is seeking local and state stormwater approval concurrently with securing other development permits.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15ANCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15ANCAC 26.0200)?*
f- Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
The site is not part of a phased project and has independent access and utilities.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
rYes r Nor N/A
Page 7

Leland Commercial - Carol Lynn Tracts Revised 12/19/18 SEGi
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated
at a treatment plant, list the capacity available at that plant.
Municipal sewer disposal
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r: No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
r Yes r No
5d. Is another Federal agency involved?*
r Yes r: No
5e. Is this a DOT project located within Division's 1-8?*
r Yes a No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r• Yes r No
5g. Does this project involve bridge maintenance or removal?*
r Yes r No
Link to the NLEB SLOPES document: http://sawo)g.usace.army.mil/NLEB/130-17-signed_NLEBSLOPES&apps.pdf
5h. Does this project involve the construction/installation of a wind turbine(s)?`*
r Yes r No
r Unknown
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r• No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?*
This site is situated next to a major highway and is surrounded by development.
Consultation Documentation Upload
Click the upload button a drag and drop files here to attach docurrent
Fle type crust be FEF
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r: No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
This site does not abut a water course that would support EFH.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic
Trust designation or properties significant in North Carolina history and archaeology)? *
r Yes e No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
This site has been historically disturbed. There are not eAsting structures on the property.
7c. Historic or Prehistoric Information Upload
Click the upbad button or drag and drop files here to attach document
File must be FEF
8. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*
r Yes [: No
8c. What source(s) did you use to make the floodplain determination?*
Brunswick County GIS Flood Hazard Map
Miscellaneous
Page 8

Leland Commercial - Carol Lynn Tracts Revised 12/19/18 SEGi
Comments
Historical information: April 2008, the USACE issued a NOV to the owner's of the property, at that time. The NOV resulted from mechanized land clearing and subsequent filling of 0.90 -
acre of wetlands. The Clark Group prepared a restoration plan and to SEGi's knowledge the work was approved and completed. From SEGi's field evaluations, it appears the
restoration was successful. The restoration plan has been included as part of the JD Request Packet (see attached).
Miscellaneous attachments not previously requested.
pick the upload button or drag and drop files here to attach docurrent
Flood.pdf 104.97KB
Leland Commercial Parcel Map and Info.pdf 356.64KB
Re crust be FBF or KW
Signature U
V By checking the box and signing below, I certify that:
. I have given true, accurate, and complete information on this form;
. I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
. I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
. I intend to electronically sign and submit the PCN form.
Full Name:*
Dana A. Lutheran
Signature
02, 42011tw
Date
10/30/2018
Page 9

Leland Commercial — Carol Lyn Tracts Response to USACE RFAI '5L Cl i
Attachment 4
Lower Cape Fear Umbrella Mitigation Bank
Credit Reservation Letter
iv (12/19/18)

Leland Commercial — Carol Lyn Tracts Response to USACE RFAI '5L Cl i
Attachment 5
Threatened & Endangered Species Determination Report
v (12/19/18)

jouthern Environmental Group, Inc.
5315 jouth College Road, Suite F
Wilmington, NC 2841 2
Threatened and Endangered Species Determination
fbr
Leland Commercial — Carol Lynn Tracts
Leland, Brunswick County, North Carolina
Date:
19 December 2018

This page was left blank intentionally.

Leland Commercial — Carol Lynn Tracts T&E Determination ,15F_6i
Table of Contents
Section
Title
Page
1.0
Executive Summary
4
2.0
Site Location, Site Characteristics and Project Description
5
A
Site Location
5
B
Site Characteristics
5
C
Project Description
6
7 37.077Limitations
6
4.0
Methodology
6
5.0
Project Area Habitat Communities
7
6.0
Project Area Habitat Communities
8
7.0
Species Profiles
8
8.0
Evaluation
9
9.0
Findings
9
10.0
Recommendations to Minimize Impacts on Listed Species
9
11.0
Conclusions
12.0
Appendices
1
A
USFWS's Information for Planning and Consultation (IPaC) Species List
10
B
Leland Commercial — Carol Lynn Tracts Site Plan
11
C
2008 Carol Lynn Tracts Wetland Restoration Plan and Confirmation of USACE Release
12
D
USFWS's Species Determination Key
13
E
Site Photos
14

Leland Commercial — Carol Lynn Tracts T&E Determination ,15 V= i
1. Executive Summary
Southern Environmental Group, Inc. (SEGi) has been retained by the Buster Development, LLC, herein referred to as
the "Applicant", to perform Threatened and Endangered (T&E) Species determination, in Accordance with Section 7
of the Endangered Species Act, of approximately 28.0 -acres of land, herein referred to as the "project area", where the
Applicant proposes to construct a mixed-use development. The project area is located south of the intersection of Carol
Lynn Road and US Highway 17 South, in Brunswick County, North Carolina. The following report will summarize the
project and its potential to adversely affect federally listed threatened or endangered species that may be present within
the project area.
Literature review included examination of the USFWS's Information for Planning and Consultation (IPaC) Species
List, to identify potential species occurrences and their Federally -listed critical habitat (see Appendix A). No specific
survey techniques were followed to locate listed species.
A review of the US Fish and Wildlife Service (USFWS) IPaC Report identified fifteen (15) T&E species that may
potentially be located within Brunswick County (see Appendix A). They are as follows: one (1) species of snail
(Magnificent Ramshorn (Planorbella magnifica)), one (1) species of mammal West Indian (Manatee Trichechus
manatus)), four (4) species of birds (Piping Plover (Charadrius melodus), Red Knot (Calidris canutus Tufa), Red -
cockaded Woodpecker (Picoides borealis) and Wood Stork (Mycteria Americana)), six (6) species of reptiles
(American Alligator Alligator mississippiensis), Green Sea Turtle Chelonia mydasand), Hawksbill Sea Turtle
(Eretmochelys imbricate), Kemp's Ridley Sea Turtle (Lepidochelys kempii), Leatherback Sea Turtle (Dermochelys
coriacea), and Loggerhead Sea Turtle (Caretta caretta)) and three (3) species of flowering plants (Cooley's
Meadowrue (Thalictrum cooleyi), Rough -leaved Loosestrife (Lysimachia asperulaefolia) and Seabeach Amaranth
(Amaranthus pumilus)) (see Appendix A).
After a review of relevant information and knowledge of the site, SEGi finds there is a lack of suitable foraging and/or
breeding habitat, within the project area, and therefore anticipates the proposed project will not likely effect any of the
fifteen (15) listed federal threatened and endangered species.
0

Leland Commercial — Carol Lynn Tracts T&E Determination ,1jT_-i
2. Site Location, Site Characteristics and Project Description
A. Site Location
The project site is located at 8031 Ocean Highway, in Brunswick County, North Carolina (see Figure 1). The site
abuts a major highway (US Highway 17), to the south, residential development and Carol Lynn Road, to the east,
residential dwellings, to the north and west (see Figure 2 on the next page).
-__
J?1 s
i
t
�w
$ tk
Figure I: Site Vicinity Map (Google Maps)
B. Site Characteristics
Presently, the site is wooded, with two soil roads that bisect the property; one from north to south and one from
east to west. A bottomland hardwood forest extends north, from the southeast corner of the property, where the
feature narrows into a stream channel. The stream channel continues north, where it connects to another portion of
bottomland hardwood forest. Three small basin wetlands are located on each side of the stream (see Appendix B).
In 2007, the site was clear cut, which resulted in a Notice of Violation (NOV) being issued by the US Army Corps
of Engineers (USAGE) and NC Department of Environmental Quality (DEQ), for the unauthorized, mechanized
land clearing of 0.90 -acre of bottomland hardwood forest and several hundred linear feet of warm water stream
(see Figures 2A -C on the next page).
The property owner and his grading contractor were ordered to restore the wetlands and stream back to their
original grade and contour and to re -vegetate the area or pay daily fines. According to the USACE, the property
owner chose to restore the area, as per the attached Restoration Plan (see Appendix C). In 2009, the USACE and
DEQ deemed the work successful, and the violation was closed out (see Appendix C).
Currently, the upland areas, of the site, exhibit new growth of woody vegetation, which is mostly comprised of
Pinus taeda and Liquidambar styraciflua, with Quercus alba Carya glabra and Quercus nigra, Liquidambar
styraciflua, Pinus taeda and Ilex coriacea interspersed. The bottomland hardwood forest wetland vegetation
consists of Pinus taeda and Liquidambar styraciflua, Fraxinus pennsylvanica, Baccharis halimifolia, Scirpus
cyperinus, Carex spp., Rhynchospora spp., Eleocharis spp., Typha latifolia and Ludwigia repens. The tree canopy
is approximately 15-20' high within the uplands and mostly absent within the bottomland hardwood forest located
near US Hwy. 17 East. The stream feature exhibited evidence of overbank flooding, which likely occurred during
Hurricane Florence (September 2018), and incising of the stream channel. A thick layer of sand was observed
within the streambed, along the entire length of the feature (see Appendix E).
5

Leland Commercial — Carol Lynn Tracts T&E Determination ,1jV_-i
Figure 2A -C: 2007, 2008 and 2016, respectively, Google Earth Aerial Photos of the Property
C. Project Description
The Applicant intends to provide five (5) commercial outparcels, for future development, and construct 32 multi-
family buildings that will provide 127 dwelling units (townhouses), with associated attendant features, such as
access roads, infrastructure, amenities center, parking areas, and sidewalks (see Appendix C for details).
3. Limitations
The findings and conclusions presented by SEGi are professional opinions based solely on visual observations of the
vicinity, and interpretation of information provided and reasonably available to SEGi. The results presented in this
report were based on review of available current and historical information, a desktop evaluation, and correspondence
received from the USFWS. This report identifies the potential for a species to be present within the project area based
on the presence of suitable nesting and/or foraging habitat. If a species, or its habitat, is determined to potentially occur
within the project area, an assessment of the potential effects on that species or habitat will be made based on the
information found within this report.
R

Leland Commercial — Carol Lynn Tracts T&E Determination
,�jF_6i
4. Methodology
The USFWS IPaC Species List (see Appendix A), for the project area, was reviewed to evaluate potential species
occurrences. The methodology applied in this T&E assessment was limited to desktop analyses and field investigation,
to evaluate the project area for the suitability of habitats, supporting federally listed T&E species. Aerial maps provided
by the Brunswick County GIS Program, Google Earth satellite imagery, and the USFWS IPaC Species List and Profile
and Determination Reports (see Appendices A and D respectively), were reviewed as part of the desktop analyses. A
Species Determinations was completed for the Red -cockaded Woodpecker, as part of this evaluation. Findings from the
desktop analyses were applied to the field investigation, to assist in the selection of locations within the project area
requiring detailed or more cursory evaluation.
Table I USFWS Listed species and status information
7
Listing Status -
Listing Rule &
Applicable Recovery Plan
Common Name
Scientific Name
Federal (State)
Date
Date
Mammals
West Indian Manatee
Trichechus manatus
Threatened
82 FR 16668
October 2001
May 5, 2017
Birds
49 FR 44712
Draft Recovery Plan March
Piping Plover
Charadrius melodus
Threatened
44715 November
2016 Recovery Plan May
8, 1984
1996
Calidris canutus
79 FR 73705
Red Knot
Threatened
73748 December
NA
rufa
11, 2014
Wood Stork
Mycteria americana
Threatened
02/28/1984
NA
35 FR 16047
Red -cockaded Woodpecker
Picoides borealis
Endangered
16048 October
January 2003
13, 1970
Reptiles
AlligatorThreatened
(Simi-
52 FR 21059
American Alligator
larity of Appear
21064
NA
mississippiensis
ance)
June 4, 1987
Green Sea Turtle
Chelonia mydas
Threatened
81 FR 20057
October 1991
April 6, 2016
Hawksbill Sea Turtle
Eretmochelys
Endangered
35 FR 8491
August 1992
imbricate
June 6, 1970
35 FR 18319
Kemp's Ridley Sea Turtle
Lepidochelys kempii
Endangered
December 2,
September 2011
1970
Dermochelys
35 FR 84918498
Leatherback Sea Turtle
Endangered
January 1998
coriacea
June 2, 1970
76 FR 58868
Loggerhead Sea Turtle
Caretta caretta
Threatened
September 22,
January 2009
2011
Flowering
Plants
Cooley's Meadowrue
Thalictrum cooleyi
Endangered
54 FR 5935 5938
April 1994
February 7, 1989
Lysimachia
52 FR 22585
Rough -leaved Loosestrife
Endangered
22589 June 12,
April 1995
asperulaefolia
1987
Amaranthus
58 FR 18035
Seabeach Amaranth
Threatened
18042 April 7,
November 1996
pumilus
1993
Snails
Planorbella
Magnificent Rams -horn
Candidate (E)
NA
NA
magnifica
Table I USFWS Listed species and status information
7

Leland Commercial – Carol Lynn Tracts T&E Determination
5. Project Area Habitat Communities
The 28.0 -acre project area is mostly comprised of upland. SEGi performed a delineation of the wetlands on the subject
property, and received USACE verification of the delineation in October of 2017. The USACE, due to workload
management, has not issued the Jurisdictional Determination. Three (3) Basin Wetlands and two (2) Bottomland
Hardwood Forest wetland complexes can be found within the project boundaries (see Appendix B). The upland area of
the site contains mostly new growth, longleaf pine (Pinus palustris Mill.) forest, with a new growth, hardwood
understory.
6. Listed Species and Critical Habitat
SEGi consulted the USFWS, via the IPaC system, and received a list that identifies threatened, endangered, and
proposed and candidate species, as well as proposed and final designated critical habitat that may be in Brunswick
County. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of
the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). The species that have been listed under
the Endangered Species Act (ESA) and potentially found within the project area, the species' listing status, listing rule
and date, and if there is an applicable recovery plan are included in Table 1, below. There is no listed critical habitat,
under the USFWS's jurisdiction within the project area.
7. Species' Profiles
The following information was provided from the USFWS IPaC Species Profile Report, on the next page:
• Mammals
The West Indian Manatee (Trichechus manatus) is listed as threatened by the USFWS. The West Indian Manatee
prefers near shore marine, brackish, or freshwater systems with deep water channels nearby for safety. They feed
on submergent vegetation and require freshwater for drinking.
• Birds
Four (4) bird species have a range which may include the action area: Red -cockaded Woodpecker (Picoides
borealis), Piping Plover (Charadrius melodus), Red Knot (Calidris canutus Tufa), and Wood Stork (Mycteria
americana).
The Red -cockaded Woodpecker (Picoides borealis) is federally endangered, preferring mature pine forests, with
open understories. Red -cockaded woodpeckers live in mature pine forests—specifically those with longleaf pines
averaging 80 to 120 years old and loblolly pines averaging 70 to 100 years old. While other woodpeckers bore out
cavities in dead trees, where the wood is rotten and soft, the red -cockaded woodpecker is the only one which
excavates cavities exclusively in living pine trees. The birds need up to three years to excavate the cavities they
use for nesting and roosting. The woodpeckers are faithful to their cavity trees, and each member of the group has
its own roost cavity. Cavity trees occupied by a group are called a cluster and may include 1 to 20 or more trees
on 3 to 60 acres.
The Piping Plover (Charadrius melodus), Red Knot (Calidris canutus rufa), and Wood Stork (Mycteria
americana) are listed as threatened. These species are found in tidal flats and shorelines. The Piping Plover breeds
in the northern US and Canada, Red Knots nest in the tundra, and Wood Storks nest in Florida up to South
Carolina.
• Reptiles
Reptiles that may be affected by the project include the American Alligator (Alligator mississippiensis), and five
species of sea turtles: Green (Chelonia mydas), Hawksbill (Eretmochelys imbricata), Kemp's Ridley
(Lepidochelys kempii), Leatherback (Dermochelys coriacea), and Loggerhead (Caretta caretta). All species of the
sea turtles are endangered except for the Green and Loggerhead sea turtles which are threatened federally. The

Leland Commercial — Carol Lynn Tracts T&E Determination .5F_C i
American Alligator, listed as Threatened, due to similarity of appearance, feeds on fish, invertebrates, frogs, birds,
and mammals, and constructs its nest using dead vegetation and muck in shallow waters. Found nesting on either
side of the Cape Fear River inlet on the Atlantic, the sea turtles main use of the action area comes from
downstream effects. Pollution or changes in hydrology may affect the food sources and quality of the sea turtles,
which include sea grasses, sponges and invertebrates, jelly fish and soft bodied animals, and heavy shelled
animals such as crabs and clams.
• Flowering Plants
The flowering plants listed as threatened or endangered and protected under the ESA are Cooley's Meadowrue
(Thalictrum cooleyi), Rough -leaved loosestrife (Lysimachia asperulaefolia), and Seabeach Amaranth
(Amaranthus pumilus). All species are endangered except for Seabeach Amaranth, which is listed as threatened
and found primarily on barrier island beaches with overwash flats and foredunes. The remaining species are found
in ecotones, or areas between two ecosystems; Cooley's Meadowrue is found between grass -sedge bogs and
savannahs; and Rough -leaved loosestrife does best between longleaf pine uplands and pine pocosins or Carolina
Bays. Notable for each of these species, they require habitat that is often burned or managed so that shrub density
and height are controlled.
8. Site Evaluation
While performing the wetland delineation, SEGi evaluated the habitat communities, existing within the project area.
During that time, it was noted
9. Findings
Based upon the project's location and current existing condition, SEGi finds that the site does not contain suitable
habitat for any of the listed species. Therefore, the proposed project is not likely to adversely affect any of the listed
T&E species and/or critical habitat.
10. Recommendations to Minimize Impacts on Listed Species
SEGi recommends an environmental monitor/wildlife control specialist monitor for the existence of wildlife, prior to
initial site clearing and/or grading. Aquatic resources are highly susceptible to sedimentation. Therefore, it is
recommended that all practicable measures be taken to avoid adverse impacts to aquatic species, including stringent
sediment and erosion control measures should be installed and maintained between the construction site and any nearby
down -gradient surface waters. In addition, it is recommended to maintain natural, vegetated buffers along all streams
and creeks within the project site.
11. Conclusions
SEGi completed a T&E species habitat assessment for 28.0 -acres of undeveloped, woody land, located south of
Leland, in Brunswick County, North Carolina. Characteristics of the site include new growth, within the uplands and
0.90 -acre of bottomland hardwood forest, and a warm water stream bisecting the property from north to south. Field
investigations confirmed that suitable nesting and foraging habitat is absent, for any of the listed species.
Species
Conclusion
ESA Section 7Notes/Documentation
All
Suitable habitat is not present
Not likely to adversely effect
Land disturbance within
the last 10 years
Table 2 Species Conclusion Table
Based on the findings in this report, the proposed action is not likely to adversely affect any of the federally -listed
endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing,
under the Act. SEGi believes the requirements of section 7(a)(2) of the Act have been satisfied.
we

Leland Commercial — Carol Lynn Tracts T&E Determination ,9F—C- i
12. Appendices
Appendix A
US Fish and Wildlife Service IPaC T&E Species List
10

4, United States Department of the Interior�"'�
FISH AND WILDLIFE SERVICE
` Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To: December 17, 2018
Consultation Code: 04EN2000-2019-SLI-0224
Event Code: 04EN2000-2019-E-00512
Project Name: Leland Commercial - Carol Lyn Tracts
Subject: List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The species list generated pursuant to the information you provided identifies threatened,
endangered, proposed and candidate species, as well as proposed and final designated critical
habitat, that may occur within the boundary of your proposed project and/or may be affected by
your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife
Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended
(16 U.S.C. 1531 etseq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally -listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally -protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or

12/17/2018 Event Code: 04EN2000-2019-E-00512 2
evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes
If your project contains suitable habitat for any of the federally -listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally -protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle
Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require
development of an eagle conservation plan (http://www.fws.gov/windenergy/
eagle_guidance.html). Additionally, wind energy projects should follow the wind energy
guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and
bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http://
www.towerkill.com; and http://www.fws. og v/mi rgratorybirds/CurrentBirdIssues/Hazards/towers/
comtow.html.
Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7
consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea
turtles,when in the water, and certain marine mammals are under purview of the National Marine
Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should
also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office. If you have any questions or comments, please contact John Ellis
of this office at [e-mail].

12/17/2018 Event Code: 04EN2000-2019-E-00512
Attachment(s):
• Official Species List

12/17/2018 Event Code: 04EN2000-2019-E-00512
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]

12/17/2018 Event Code: 04EN2000-2019-E-00512 2
Project Summary
Consultation Code: 04EN2000-2019-SLI-0224
Event Code: 04EN2000-2019-E-00512
Project Name: Leland Commercial - Carol Lyn Tracts
Project Type: DEVELOPMENT
Project Description: The subject property is located at the intersection of US Hwy 17 S (Ocean
Highway E) and Carol Lynn Drive NE and is bordered by residential
dwellings, to the north and west, US Highway 17 S, to the east, and Carol
Lynn Drive NE, to the north. The site is currently wooded but was clear
cut, including 0.90 -acre of wetlands, in 2007. The work resulted in a
Notice of Violation (NoV) being issued by the USACE. The NoV was
resolved in 2009.
An upland cut ditch extends from the northern project limits south to
where it intersects with a warm water stream, which originates out of the
bottomland hardwood forest, located on the eastern portion of the
property (see site plan for details). Severe erosion of the ditch and stream
took place during Hurricane Florence. This is evident by the amount of
sand that has been deposited on the banks of the stream. A soil road with
24" culvert is located downstream of where the ditch discharges into the
stream.
The project will consist of impacting 0.216 -acre of bottomland hardwood
forest, for two road crossings and building pad (Impact Areas 1 and 2),
0.052 -acre of basin wetlands (Impact Areas 3 and 4) and 0.008 -acre of
RPW/ditch (Impact Area 6). Cumulatively, the project will impact 0.268 -
acre of wetlands and 0.008 -acre of RTW/ditch. Impact Area 1 requires the
installation of a 24" x 68' HDPE culvert and 10' of Class B rip -rap, on the
downstream end; Impact Area 2 requires the installation of a 24" x 130'
HDPE culvert, with 10' of Class B rip -rap on the downstream end; and
Impact Area 6 will require the installation of a 48" x 80' HDPE culvert,
with 10' of Class B rip -rap on the downstream end. Additionally, the
Applicant proposes to remove the existing soil road and 24" culvert from
the stream and restore the feature to its original grade and contour. Large
machinery, such as backhoes, dump trucks, bulldozers and graders, will
be used to conduct the work.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www.aoo2le.com/maps/place/34.19876761707103N78.06328383405432W

12/17/2018 Event Code: 04EN2000-2019-E-00512
Webster CT N E i
u
%i bWnil Rd N E
Counties: Brunswick, NC

12/17/2018 Event Code: 04EN2000-2019-E-00512 4
Endangered Species Act Species
There is a total of 15 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME
West Indian Manatee Trichechus manatus
There is final critical habitat for this species. Your location is outside the critical habitat.
This species is also protected by the Marine Mammal Protection Act, and may have additional
consultation requirements.
Species profile: httpss:Hecos.fws. oe v/ecp/species/4469
STATUS
Threatened

12/17/2018 Event Code: 04EN2000-2019-E-00512
Birds
NAME
Piping Plover Charadrius melodus
Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except
those areas where listed as endangered.
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: htips:Hecos.fws. og v/ecp/species/6039
Red Knot Calidris canutus Tufa
No critical habitat has been designated for this species.
Species profile: htips:Hecos.fws. og v/ecp/species/1864
Red -cockaded Woodpecker Picoides borealis
No critical habitat has been designated for this species.
Species profile: htips:Hecos.fws. og v/ecp/species/7614
Wood Stork Mycteria americana
Population: AL, FL, GA, MS, NC, SC
No critical habitat has been designated for this species.
Species profile: htips:Hecos.fws. og v/ecp/species/8477
STATUS
Threatened
Threatened
Endangered
Threatened

12/17/2018 Event Code: 04EN2000-2019-E-00512 6
Reptiles
NAME
STATUS
American Alligator Alligator mississippiensis
Similarity of
No critical habitat has been designated for this species.
Appearance
Species profile: htips:Hecos.fws. og v/ecp/species/776
(Threatened)
Green Sea Turtle Chelonia mydas
Threatened
Population: North Atlantic DPS
No critical habitat has been designated for this species.
Species profile: hgps:Hecos.fws. og v/ecp/species/6199
Hawksbill Sea Turtle Eretmochelys imbricata Endangered
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: htips:Hecos.fws. og v/ecp/species/3656
Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered
There is proposed critical habitat for this species. The location of the critical habitat is not
available.
Species profile: htips:Hecos.fws. og v/ecp/species/5523
Leatherback Sea Turtle Dermochelys coriacea Endangered
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: htips:Hecos.fws. og v/ecp/species/1493
Loggerhead Sea Turtle Caretta caretta Threatened
Population: Northwest Atlantic Ocean DPS
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: htips:Hecos.fws. ov/ecp/species/1110
Snails
NAME STATUS
Magnificent Ramshorn Planorbella magnifica Candidate
No critical habitat has been designated for this species.
Species profile: https://ecos.fws. og v/ecp/species/6216

12/17/2018 Event Code: 04EN2000-2019-E-00512
Flowering Plants
NAME
Cooley's Meadowrue Thalictrum cooleyi
No critical habitat has been designated for this species.
Species profile: htips:Hecos.fws. og v/ecp/species/3281
STATUS
Endangered
Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered
No critical habitat has been designated for this species.
Species profile: htips:Hecos.fws. og v/ecp/species/2747
Seabeach Amaranth 4maranthus pumilus Threatened
No critical habitat has been designated for this species.
Species profile: htips:Hecos.fws. og v/ecp/species/8549
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECTAREA UNDER THIS OFFICE'S
JURISDICTION.

Leland Commercial — Carol Lynn Tracts T&E Determination ,15F_6i
Appendix B
Leland Commercial — Carol Lynn Tracts Site Plan
11

ZONE
ZONE
JC RENTALS, LLC
#0460003902
DB. 2098 PG. 34
IZONING: C -LD
I
� I
II
JC RENTALS, LLC
I #0460003901
DB. 2075 PG. 832
ZONING: C -LD
II
I
II
II
I
I
I
ANNE F. PINTO
#04600039
DB. 152 PG. 505
ZONING: C -LD
I
II
I
i
\
\ '\
KEVIN & D 004805 DUFFY
DB. 0391070 PC. 0671 \ I \ I
ZONING: SBR -6000
1 `
40.
aB+B 416�A EREZ WEISS I \
O.
DB. 039670 PG.00533 I \ 1 I
••�` 0) \ ?J II ZONING: SBR -6000 I \ 1 I I
1.
BETTY H. SIMMONS
\ \ #37OPG8
01
DB. 3007 1226 \\ \
MC. H PG. 129 \
CSS ZONING: SBR -6000 ® \ \ \
STOR ` \\
CULV r�
E RE �
(33 2 MARK SNOWDEN
TCHA sr #046LA G. � C \ � ��• DB. 02202 PG. 0018
30'
ZONING: SBR -6000 �n
\ \\ V
RIPARIAN ars WIDT \\ \ 5g \ �, d
BUFFER I
pwFT4 q
2o�kFros
u S`5`` \ L� 11 \\ \ KIMBERELY J FOWLER \
1 \ #046LA060
v \ \ �'� , 1 \ \ DB. 01108 PG. 0675
_ — � � 1 \ x3 2
/ ZONING: SBR -6000
-EL[}SAI€LA - -Sms SS —
\\ \\ \\
L_ r-------
TPARCEL
+ 1.141 AC- 1
I
I
1
I
I
IX 18•
No.
Revision
Date
B
1
REVISED PER CORPS COMMENTS
12/14/18
MNH
MNH
000062
/
SIF
SF
AC• • , ,'v©��,•���
AC
r
79
SF
0.002
AC
30
C A S B
OUTPARC L 2
+1.28A
M ORIGIN
Mil;so
' ."�.,� r+ ��.w�ir�f.�����_ ___ �� � • • �._.. C �._...._ ,may
I
OUTPARCEL141%
nr
59
74.21
I
I I
TPARCEL 5
247 AC ._
FM IM
b
�- — oe sacane ><ti soya sou>�n Lum
r HIGHWAY 17 `
�y PUBLIC R/W (WIDTH VAMS)
US HIGHWAY 17
PUMM 2/1r (WmTa VARA -- -------------------
( NORM BOUND LANES — —
Designer
MNH
Scale
AS SHOWN
Drawn By
Date
MNH
OCTOBER, 2018
Checked By
,#27•
MNH
000062
/
SIF
SF
AC• • , ,'v©��,•���
AC
r
79
SF
0.002
AC
30
C A S B
TPARCEL 5
247 AC ._
FM IM
b
�- — oe sacane ><ti soya sou>�n Lum
r HIGHWAY 17 `
�y PUBLIC R/W (WIDTH VAMS)
US HIGHWAY 17
PUMM 2/1r (WmTa VARA -- -------------------
( NORM BOUND LANES — —
Designer
MNH
Scale
AS SHOWN
Drawn By
Date
MNH
OCTOBER, 2018
Checked By
Job No.
MNH
000062
GRAPHIC SCALE
100 0 50 100 zoo
1 inch = 100 ft.
BRUNSWICK COUNTY
LE LAND COMMERCIAL
— GIS —
NORTH CAROLINA
3.82
3,841
/
I
0.088
/
#2
5,528
BWER17 LLC
I
000062
/
0392
DB. 03920 PG. 0619
SF
ZONING., C -LD
x 3 .98 / aWM17 LLC
Q Off. 7 0�IM
. 081!1
b.ZONN: C -LD
C OM
A.REAN
M�M -Fd-FU
�✓ EFTA
FM FM GIPM RAL
-------
------ ------ r
(�U
-------------
BUSTER DEVELOMENT, LLC
214 QUILON CIRCLE
WILMINGTON, NC 28412
PROPOSED WETLAND IMPACTS
#1
3,841
SF
0.088
AC
#2
5,528
SF
0.128
AC
#3
2,158
SF
0.050
AC
#4
79
SF
0.002
AC
TOTAL 11,606 SF 0.268 AC
DITCH IMPACTS
#1 352 SF 0.008 AC
PORI CI I Y CONSUL I ING
ENGINEERS, PLLC
6216 STONEBRIDGE ROAD
WILMINGTON, NC 28409
910-599-1744 LICENSE No. P-1032
40
38
36
34
32
30
34 EXISTING 34
32 GRADE 32
30 30
28 28
26OPE
VIN
E 4 CULVERT
OVED
0+00 0+50
SECTION A -A
1 11 = 50'
PROPOSED
GRADE
36 36
34 34
3232 EXISTING
GRADE
30 30
28 L S B 28
26 RI R PI
26
M IN
PROPOSED
SE ER
0+00 0+50 1+00
SECTION B -B
1 11 = 50'
WATER
MAIN PR POSED
STORM
C LVERT
0+00 0+50 1+(
GAE 40
38
36
34
32 PROPOSED
30 4" FORCE MAIN
PROPO ED
8" GR VITY SEWER
SECTION C -C
111=50'
1+50
PROPOSED
GRADE WATIFIR
M I
38
38
36
36
34
8' HDPE
34 EXISTING
C L ERT
GRADE
32
32
30
30
C A S B
RAP
28
--RI
28
R P S D
8 R VI YS WR
0+00 0+50 1+00 1+50
SECTION D -D
1 11 = 50'
ESIGN - NOT RELEASED FOR
WETLAND IMPACTS
Sheet No.
C-4.3

Leland Commercial — Carol Lynn Tracts T&E Determination ,9F—C-1i
Appendix C
2008 Wetland Restoration Plan & Confirmation of USACE Release
12

THE CLARKGROUP
Geo -Environmental Services
Land/Hydrographic Surveys
WETLAND & STREAM
RESTORATION PLAN
CAROL LYNN DRIVE SITE
CLARK PROJECT # 08162 (FORMERLY 07220)
USACE ACTION ID SAW -2005-01297
DWQ NOV-2008-SS-0015
CORPORATE OFFICE: 5000 BLUE CLAY ROAD CASTLE HAYNE, NC 28429 • POST OFFICE BOX
10136 WILMINGTON, NC 28404
[phone] OFFICE • [phone] FACSIMILE • WWW.CLARKGROUP.US

WETLAND & STREAM RESTORATION PLAN
SITE DESCRIPTION
This site is comprised of approximately 28.85 acres, located north of and adjacent to
US Highway 17, west of and adjacent to Carol Lynn Drive, near the Town of Leland,
County of Brunswick, State of North Carolina, adjacent to Morgan Branch, Town
Creek watershed, Cape Fear River Basin.
Property Owners: Mr. Furman L. Galloway
Mr. Phillip K. Galloway
Ms. Nancy Knox -Partridge
Mr. Joseph C. Knox, Jr.
Authorized Agent: The Clark Group
DESCRIPTION OF IMPACTED AREAS
The North Carolina Department of Environment and Natural Resources — Division of
Water Quality (letter dated April 1, 2008) and the U.S. Army Corps of Engineers (letter
dated April 9, 2008) identified unauthorized land activities as follows:
-Unauthorized fill of .90+/- acres of jurisdictional wetlands and 422 +/-
linear feet of stream impact.
PROPOSED RESTORATION PLAN
The proposed restoration efforts will proceed as follows:
1. Utilizing mechanized equipment, fill material will be removed from .90
acres of jurisdictional wedands. This fill material will subsequently be placed
in the upland ditch located along the northern property boundary to restore
this area to its original grade and contour to further abate erosive
conditions. The restored wetland area will be seeded and stabilized with
native grasses and repopulated with trees utilizing wetland mix obtained
from Claridge Nursery, N.C. Forest Resources (NCM), Goldsboro, NC.
Planting density will be 436 trees per acre to ensure a survival of 320 trees
per acre at maturity. All upland ditch area will be seeded with an
appropriate mix to stabilize this area.
2. Rip -rap armor will be placed at the southeast end of the upland ditch at its
intersection with the RPW. at the eastern property boundary to retard any
potential future erosion from the backfill of the ditch system.
3. Sediment will be removed from 422 +/- linear feet of stream as necessary
via mechanized equipment. Slopes will be immediately seeded and stabilized
with native grasses until such time as streamside vegetation can be planted
utilizing recommended stream mix from Claridge Nursery (NCFR).
2

4. The sediment accumulation in the areas west of and adjacent to the
unnamed tributary and adjacent to the northern property line of the subject
tract will be removed via hand labor. All disturbances will be immediately
reseeded.
5. A checkdam will be installed along the upland -wetland boundary, cast of
the stream/wetland system as it exits the northern property boundary,
subsequent area is currently stable. Seeding will be enhanced with native
grasses.
SEQUENCE OF RESTORATION EVENTS
A. A checkdam will be installed at intersection of wedand system interface
with tributary at abandoned crossing. Fill will be removed from the .90+/ -
acre of wetlands and will be placed in the north eastern section of the
upland ditch. This area will immediately be grassed with native grasses.
Lime and fertilizer will be included at the prescribed rate to promote rapid
vegetation response. A silt fence will be installed to abate erosion from
reentering jurisdictional area.
B. Rip -Rap sidewall and filter fabric will be installed at inlet of upland ditch
located along eastern boundary at the intersection of the RPW as it exits the
property along the eastern boundary.
C. Fill will continue to be placed in the upland ditch to restore the original
grade.
D. Sediment will be removed from unnamed tributary along the 422+/- linear
feet that exists from the abandoned railroad crossing to its exit along the
northern boundary of property. Bank full riparian shelf will be constructed
during this process. Various stilling sumps will be installed near the inlet
side and outlet side of the existing road crossing to abate normal sediment
attrition until the area can become vegetated and subsequently stable. The
remaining sediment will be removed from jurisdictional wetland within and
along the northern property boundary and placed in uplands and stabilized.
The time frame to complete the above referenced sequence is approximately 2 '/z
weeks, upon acceptance of this plan and notice to proceed via landowners'
agreement and pending weather conditions. Tree and shrub planting will occur
between the months of December 2008 and March 2009 after all work is completed
and planting conducted, monitoring will begin in the fall of 2009.
MONITORING PLAN
The restored area will be monitored for five years following the satisfactory implementation of the
remediation plan. During this time, bi-yearly inspections will be conducted to document the success
3

of the remediation effort. If the bi-yearly inspections indicate that components of the restoration
plan are failing, or otherwise in need of repair, the appropriate steps will be taken within thirty (30)
days of the date on which the problem was first observed/reported.
An annual monitoring report will be submitted to the Division of Water Quality and U.S. Army
Corps of Engineers. The reports will compare data to previous years and detail progress toward
meeting the performance standards. Photographs will be included to document progress of the
plants. Photographs from these locations will be taken on an annual basis for five years. At the end
of five years, a final report will be prepared that includes summaries of the monitoring data and
representative photographs from the photo -documentation points. Performance standards for the
project consist of the following: After five years, a performance standard of 80 percent survival rate
of all plants installed must be achieved. If 80 percent survival is not achieved, dead plants will be
replaced in kind, unless it is determined that site conditions are not conducive to the survival of a
particular plant species, in which case, an alternate native plant species will be planted. The
replacement plants will also have to achieve 80 percent survival and the mitigation monitoring period
would be extended as necessary to ensure establishment of the plants.
4

y � =mO h QQ�bO IA Dxp`a 4`rt s.:,Z
g •. �o S+ � �o R n D Lt (ono gc ^o'�
O Inn
n Nc
]
o �R C-11
Y p x a n n O N N N Q m n R A
I. 0
�gg Y 6S30vd bOObo'b�" Z
g n o I '9 -N008 dm o
v 3 n
t F h
ur
o ` o n a o�ga m
��oon� n3
03
\ p oq
T @
\ �'l' + 1 �,ylbiH f ��� - • $ viz \\
A o
i �f N \
lS SZ9
r�).1 + +pT CU
r1 �M
1 SWI°d o3 U°
�' � >�bQ�v 'C��i•�1g1 �n11 O � ��a
•, i- -r r
O off-' DI - � n
N' g n ` r'! NOW OR FORMERLY �
cin A!4RSHA J. 601Nf£TT
❑OB: 1310, PG: 52
VO j^�rit �Cmi���
'{-Sf 7f
i.bL nl.•.r V m 1 - l C.
Fq
.i jg y�
nt-t�rk � b�n - Q6iH I w p
Ln
CPit
I
'Mt o 'QA
x k �ro zL—
a
n n
2 7 p M 1b tL2 -t ,C,ain /
Sox❑ -ql Y• � �
4
cu
I
m�
hi00N4
O ^ g O 0 o O n 1
r o w 2 I OUB Oyu N
q rom0 ' y� N
x v� mUq UO A U� \ bx1Y ' m NII^ yDl
<� �ggggaggl
35 m
1

��
§\!
99■fig
|%\
» °C
» }�
k�
•aa;;
7®
-
�.
\ &
�
q!
§�
w�
.
.
;
x
r
-
.
�
A
\
x«
%2
P3
Tc
�k�k
&2
tax
2
.§A-
Ac:
�AAA�
�
-
)
� km
�o A
k U\
§
!� #
\
CO)
&ter
;k
Z
k

Leland Commercial — Carol Lynn Tracts T&E Determination .,5F_C i
Appendix D
US Fish and Wildlife Service Determination Report
13

12/21/2018
IPaC
IPaC: Species determinations
U.S. Fish & Wildlife Service
Regulatory review / Endangered species / Species determinations
Species determinations
For listed speciesl not covered by determination keys, an impact analysis should be
performed to reach a conclusion about how this project will impact the species. These
conclusions will result in determinations for each species, which will be used in
consultation with the U.S. Fish and Wildlife Service.
Mammals
West Indian Manatee None
Trichechus manatus
Birds
Piping Plover None
Charadrius melodus
Red Knot None
Calidris canutus rufa
Red -cockaded Woodpecker None
Picoides borealis
Wood Stork None
Mycteria americana
Reptiles
American Alligator None
Alligator mississippiensis
Green Sea Turtle None
Chelonia mydas
https://ecos.fws.gov/ipac/projectl223M6F4VEBDV7EXRDFRU5LYK3AIspeciesDeterminations 1/2

12/21/2018
Hawksbill Sea Turtle
Eretmochelys imbricate
Kemp's Ridley Sea Turtle
Lepidochelys kempii
Leatherback Sea Turtle
Dermochelys coriacea
Loggerhead Sea Turtle
Caretta caretta
Snails
Magnificent Ramshorn
Planorbella magnifica
Flowering Plants
Cooley's Meadowrue
Thalictrum cooleyi
Rough -leaved Loosestrife
Lysimachia asperulaefolia
Seabeach Amaranth
Amaranthus pumilus
Critical habitats
IPaC: Species determinations
THERE ARE NO CRITICAL HABITATS AT THIS LOCATION.
None
None
None
None
None
No determination required
None
None
None
1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also
shows species that are candidates, or proposed, for listing. See the listing status page for
more information.
https://ecos.fws.gov/ipac/projectl223M6F4VEBDV7EXRDFRU5LYK3AIspeciesDeterminations 2/2

Leland Commercial — Carol Lynn Tracts T&E Determination ,15F_��i
Appendix E
Site Photos
Photo
Description
1
At the stream origin, looking southeast, into the Bottomland Hardwood Forest
2
Existing rip rap weir
3
At stream origin looking northwest (downstream)
4
Approximately 15 feet downstream of the stream origin looking southeast (upstream)
5
At the confluence of the existing RPW and stream, looking upstream of the RPW
6
At the confluence of the existing RPW and stream, looking downstream of the stream
7
Approximately 20 LF downstream of photo #6
8
Approximately 20 LF downstream of photo #7
IE