20041593 Ver 1_Complete File_20040929

O?O? W AT ?RQG
r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 1, 2005
Mr. Jeff Stokley
Cape Fear Investments & Development, LLC
1519 Jettys Reach
Wilmington, NC 28409
Re: The Center at College and Market (aka Stokley Center)
DWQ #041593; USACE Action ID. No. 200401258
APPROVAL of 401 Water Quality Certification
Dear Mr. Stokley:
Attached hereto is a copy of Certification No. 3521 issued to Jeff Stokley of Cape Fear Investments &
Development, LLC, dated July 27, 2005. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and
Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
AWK/cbk
Attachments: Certificate of Completion
m , P
Ri.K] .E.
E.
cc: Jennifer Frye, U.S. Army Corps of Engineers, WilmingtonRegulatory Field Office
Noelle Lutheran, DWQ, Wilmington Regional Office
Beth Wetherill, New Hanover County Engineering
File Copy
Central Files
Stephen Rynas, DCM Morehead City
Amy Luddy, Land Management Group
John Tunstall, Norris, Kuske, & Tunstall Engineering
Filename: 041593-I C. j ul
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet htto://h2o.enr.state.no.us/ncwetlands
None hCarolina
Naturally
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
Cape Fear Investments, LLC
Page 2 of 3
July 27, 2004
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Mr. Jeff Stokley of Cape Fear Investments, LLC to fill 0.75
acre of jurisdictional wetlands in the Cape Fear River Basin, associated with the construction of The Center
at College and Market in New Hanover County, North Carolina, pursuant to an application filed on the 29th
day of September of 2004, and in additional correspondence received March 11, 2005 and July 18, 2005.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved
(Units) Plan Location or Reference
Stream N/A (feet)
404 Wetlands 0.75 (acres) COSTCO Parkin Lot
Waters N/A (acres)
Buffers N/A (square ft.)
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
Cape Fear Investments, LLC
Page 3 of 3
July 27, 2004
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/401Permit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project;
Continuing Compliance:
Mr. Jeff Stokley and Cape Fear Investments, LLC, shall conduct construction activities in a manner
consistent with State water quality standards (including any requirements resulting from compliance
with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and
federal law. If the Division determines that such standards or laws are not being met (including the
failure to sustain a designated or achieved use) or that State or federal law is being violated, or that
further conditions are necessary to assure compliance, the Division may reevaluate and modify this
Certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the
Division shall notify Mr. Jeff Stokley and/or Cape Fear Investments, LLC, and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for
public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be
provided to Mr. Jeff Stokley and/or Cape Fear Investments, LLC, in writing, shall be provided to the
United States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of
the Clean Water Act, and shall also become conditions of the 404 Permit for the project;
Stormwater:
6. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES
General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project.
This General Permit allows stormwater to be discharged during land disturbing construction activities
as stipulated by conditions in the permit. If your project is covered by this permit [applicable to
construction projects that disturb one (1) or more acres], full compliance with permit conditions
including the sedimentation control plan, self-monitoring, record keeping and reporting requirements
are required. A copy of this permit and monitoring report forms may be found at
http://h2o.enr.state.nc.us/su/Forms Documents.htnt.
Cape Fear Investments, LLC
Page 4 of 3
July 27, 2004
7. Written Stormwater Outfall Management Plan (Final Approval Required)
The final, written stormwater management outfall plans (including a signed and notarized Operation
and Maintenance Agreement and a final construction easement) must be submitted and approved by this
office prior to the construction of impervious surfaces at the project site. In addition, the stormwater
outfall plan and the approved State Stormwater Management facilities shall be constructed and
operational before any permanent building is occupied at the subject site. The structural stormwater
practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No
changes to the structural stormwater practices shall be made without written authorization from the
Division of Water Quality's Wetland and Stormwater Unit. A copy of the information described above
must be submitted to the DWQ Wilmington Regional Office at 127 Cardinal Drive Extension,
Wilmington, 28405 and to the 401 Oversight and Express Permitting Unit (2321 Crabtree Blvd., Suite
250, Raleigh, NC, 27604).
Other conditions:
8. Protective Fencing
The outside wetland boundary and along the construction corridor within these boundaries approved
under this authorization shall be clearly marked by orange,fabric fencing for the areas that have been
approved to infringe within the wetland prior to any land disturbing activities;
9. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant 2is required to return the attached certificate of
completion to this office and to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650
Mail Service Center, Raleigh, NC, 27699-1650;
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the lst day of August 2005
DIVISION OF WATER QUALITY
"I
. Klimek, .E.
AWK/cbk
O?O? VIA
T ?RpG
_l 7?:

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 1, 2005
Mr. Jeff Stokley
Cape Fear Investments & Development, LLC
1519 Jettys Reach
Wilmington, NC 28409
Re: The Center at College and Market (aka Stokley Center)
DWQ #041593; USACE Action ID. No. 200401258
APPROVAL of 401 Water Quality Certification
Dear Mr. Stokley:
Attached hereto is a copy of Certification No. 3521 issued to Jeff Stokley of Cape Fear Investments &
Development, LLC, dated July 27, 2005. In addition, you should get any other federal, state or local
permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and
Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
AWK/cbk
Attachments: Certificate of Completion
Sincerely,
RI m , P.E.
cc: Jennifer Frye, U.S. Army Corps of Engineers, WilmingtonRegulatory Field Office
Noelle Lutheran, DWQ, Wilmington Regional Office
Beth Wetherill, New Hanover County Engineering
File Copy
Central Files
Stephen Rynas, DCM Morehead City
Amy Luddy, Land Management Group
John Tunstall, Norris, Kuske, & Tunstall Engineering
Filename: 041593-I C. j ul
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet http://h2o.en r. state. nc. us/ncwetlands
o hCarolma
Nr`
Naturally
An Equal Opportunity/Affirmative Action Employer-50% Recycled/ 10% Post Consumer Paper
Cape Fear Investments, LLC
Page 2 of 3
July 27, 2004
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to Mr. Jeff Stokley of Cape Fear Investments, LLC to fill 0.75
acre of jurisdictional wetlands in the Cape Fear River Basin, associated with the construction of The Center
at College and Market in New Hanover County, North Carolina, pursuant to an application filed on the 29th
day of September of 2004, and in additional correspondence received March 11, 2005 and July 18, 2005.
The application and supporting documentation provides adequate assurance that the proposed work will
not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the
supporting documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as
described in the Public Notice. If the project is changed, prior to notification a new application for a new
Certification is required. If the property is sold, the new owner must be given a copy of the Certification
and approval letter and is thereby responsible for complying with all conditions of this Certification. Any
new owner must notify the Division and request the Certification be issued in their name. Should wetland
or stream fill be requested in the future, additional compensatory mitigation may be required as described
in 15A NCAC 2H.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a
change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in
writing and a new application for 401 Certification may be required. For this approval to be valid,
compliance with the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved
(Units) Plan Location or Reference
Stream N/A (feet)
404 Wetlands 0.75 (acres) COSTCO Parkin Lot
Waters N/A (acres)
Buffers N/A (square ft.)
Sediment and Erosion Control:
Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
Cape Fear Investments, LLC
Page 3 of 3
July 27, 2004
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/4011'ermit Application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water quality standards,
statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent
practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that the
Division of Land Resources has released the project;
Continuing Compliance:
Mr. Jeff Stokley and Cape Fear Investments, LLC, shall conduct construction activities in a manner
consistent with State water quality standards (including any requirements resulting from compliance
with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and
federal law. If the Division determines that such standards or laws are not being met (including the
failure to sustain a designated or achieved use) or that State or federal law is being violated, or that
further conditions are necessary to assure compliance, the Division may reevaluate and modify this
Certification to include conditions appropriate to assure compliance with such standards and
requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the
Division shall notify Mr. Jeff Stokley and/or Cape Fear Investments, LLC, and the US Army Corps of
Engineers, provide public notice in accordance with 15A NCAC 211.0503 and provide opportunity for
public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be
provided to Mr. Jeff Stokley and/or Cape Fear Investments, LLC, in writing, shall be provided to the
United States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of
the Clean Water Act, and shall also become conditions of the 404 Permit for the project;
Stormwater:
6. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES
General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project.
This General Permit allows stormwater to be discharged during land disturbing construction activities
as stipulated by conditions in the permit. If your project is covered by this permit [applicable to
construction projects that disturb one (1) or more acres], full compliance with permit conditions
including the sedimentation control plan, self-monitoring, record keeping and reporting requirements
are required. A copy of this permit and monitoring report forms may be found at
http://712o.enr.state.nc.usIsitIForms Documents.hun.
Cape Fear Investments, LLC
Page 4 of 3
July 27, 2004
7. Written Stormwater Outfall Management Plan (Final Approval Required)
The final, written stormwater management outfall plans (including a signed and notarized Operation
and Maintenance Agreement and a final construction easement) must be submitted and approved by this
office prior to the construction of impervious surfaces at the project site. In addition, the stormwater
outfall plan and the approved State Stormwater Management facilities shall be constructed and
operational before any permanent building is occupied at the subject site. The structural stormwater
practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No
changes to the structural stormwater practices shall be made without written authorization from the
Division of Water Quality's Wetland and Stormwater Unit. A copy of the information described above
must be submitted to the DWQ Wilmington Regional Office at 127 Cardinal Drive Extension,
Wilmington, 28405 and to the 401 Oversight and Express Permitting Unit (2321 Crabtree Blvd., Suite
250, Raleigh, NC, 27604).
Other conditions:
8. Protective Fencing
The outside wetland boundary and along the construction corridor within these boundaries approved
under this authorization shall be clearly marked by orange,fabric fencing for the areas that have been
approved to infringe within the wetland prior to any land disturbing activities;
9. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant 2is required to return the attached certificate of
completion to this office and to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650
Mail Service Center, Raleigh, NC, 27699-1650;
Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form of a
written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the
Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If
modifications are made to an original Certification, you have the right to an adjudicatory hearing on the
modifications upon written request within sixty (60) days following receipt of the Certification. Unless
such demands are made, this Certification shall be final and binding.
This the 1st day of August 2005
DIVISION OF WATER QUALITY
1
Klimek, .E.
AWK/cbk
[Fwd: Draft Individual Certification #041593]
Subject: [Fwd: Draft Individual Certification #041593]
From: Cyndi Karoly <[e-mail]>
Date: Thu, 28 Jul 2005 09:29:37 -0400
To: Ian McMillan <[e-mail]>
Ian - please pull the file and handle. You'll need to talk to Laurie or Rob about
assigning an IC # on BIMS, and put it in the log. I'll show you how - just see me
when you get time. Thanks.
Subject: Draft Individual Certification #041593
From: Noelle Lutheran <[e-mail]>
Date: Wed, 27 Jul 2005 16:49:18 -0400
To: Cyndi Karoly <[e-mail]>
CC: Ian McMillan <[e-mail]>, Ed Beck <[e-mail]>
Cyndi,
Attached is the draft IC for The Center at College and Market, 041593, New Hanover
County. Change dates if needed and give permit number. They had to do some
additional work for me. I requested additional SW measures at the main outfall from
the facilility (they preferred this option to redesigning on site SW measures). They
have done all that I requested just short of submitting final plans and O&M (see
condition 8). Please send out as soon as you have a chance! Let me know if there
are any questions.
Thank you,
Noelle
Content-Type: message/rfc822
Draft Individual Certification #041593
Content-Encoding: 7bit
Content-Type: application/msword
041593-IC.jul.doc
Content-Encoding: base64
1 of 1 7/28/2005 9:36 AM
FW: Center at College and Market (DWQ# 04-1593)
Subject: FW: Center at College and Market (DWQ# 04-1593)
From: [e-mail]
Date: Sun, 15 May 2005 22:32:37 -0400
To: [e-mail]
Laurie - please note. Thanks.
Cyndi Karoly
NC Division of Water Quality
Wetlands and Stormwater Branch
401 Oversight and Express Permits Unit
Subject: Center at College and Market (DWQ# 04-1593)
From: "Kim Williams" <[e-mail]>
Date: Tue, 10 May 2005 11:35:19 -0400
To: <[e-mail]>, "'Cyndi Karoly"' <[e-mail]>
Hi Noelle and Cyndi
We are currently in the process of gathering stormwater information
requested by Noelle at a meeting held on 4/22/05. On behalf of the
applicant, I request that DWQ place this permit application on hold until we
are able to submit this additional information.
Thank you for your assistance with this project.
Sincerely,
Kim Williams
Land Management Group, Inc.
P.O. Box 2522
Wilmington, NC 28402
Phone:[phone]
Fax: [phone]
- - ----- ---- ---
Center at College and Market (DWQ# 04-1593).eml Content-Type: message/rfc822

1 of 1 5/16/2005 6:46 AM
FW: Center at College and Market (DWQ# 04-1593)
Subject: FW: Center at College and Market (DWQ# 04-1593)
From: [e-mail]
Date: Sun, 15 May 2005 22:32:37 -0400
To: [e-mail]
Laurie - please note. Thanks.
Cyndi Karoly
NC Division of Water Quality
Wetlands and Stormwater Branch
401 Oversight and Express Permits Unit
Subject: Center at College and Market (DWQ# 04-1593)
From: "Kim Williams" <[e-mail]>
Date: Tue, 10 May 2005 11:35:19 -0400
To: <[e-mail]>, "'Cyndi Karoly"' <[e-mail]>
Hi Noelle and Cyndi
We are currently in the process of gathering stormwater information
requested by Noelle at a meeting held on 4/22/05. On behalf of the
applicant, I request that DWQ place this permit application on hold until we
are able to submit this additional information.
Thank you for your assistance with this project.
Sincerely,
Kim Williams
Land Management Group, Inc.
P.O. Box 2522
Wilmington, NC 28402
Phone:[phone]
Fax: [phone]
Center at College and Market (DWQ# 04-1593).eml' Content-Type: message/rfc822'
1 of 1 5/25/2005 10:26 AM
401 info. wiRO
Subject: 401 info. `ViRO
From: Noelle Lutheran <[e-mail]>
Date: Thu, 12 May 2005 14:55:30 -0400
To: Cyndi Karoly <[e-mail]>
CC: [e-mail]
04-0385, Town of Swansboro, Onslow Co., NW 12 new info reed 3/21/05 5/19/05
This is actually an IP. Probably back on hold. A lot is missing still...
04-1593, Center at College and Market, New Hanover Co., pn comment period over)
new info reed 3/11/05 5/9/05
This project was placed on hold by the client via e-mail after a meeting with me.

i
7---? 41-L F?wo -f- /'<?& r
1 of 1 5/16/2005 12:33 PM
09,
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
NUV 3 0 2004
Post Office Box 1890 (- :.',NR - WATER QUALITY
Wilmington, North Carolina 28402-1890 ?-v =aAN0STORMWATER13MCH
(http://www.saw.usace.anny.mil/wetlands/regtour.htm)
Action ID No. 200401258 November 22, 2004
PUBLIC NOTICE
Cape Fear Investments and Development, LLC, 1519 Jettys Reach, Wilmington, North
Carolina 28409, has applied for a Department of the Army (DA) permit TO DISCHARGE FILL
MATERIAL INTO 0.75 ACRES OF SECTION 404 WETLANDS ADJACENT TO AN
UNNAMED TRIBUTARY TO SPRING BRANCH, ASSOCIATED WITH THE
CONSTRUCTION OF THE CENTER AT COLLEGE AND MARKET COMMERCIAL
DEVELOPMENT, LOCATED AT THE NORTHWEST CORNER OF COLLEGE ROAD AND
MARKET STREET, IN WILMINGTON, NEW HANOVER COUNTY, NORTH CAROLINA.
The following is a description of the work taken from data provided by the applicant and
from observations made during site visits by representatives of the Corps of Engineers. The
project site is comprised of a 27-acre tract located at the northwest corner of College Road and
Market Street, in north Wilmington. This tract includes 0.75 acres of jurisdictional wetlands.
Plans submitted with the application show pennanent impacts to the 0.75 acres of jurisdictional
wetlands associated with construction of seven commercial building and four parking lots.
Currently, the land use of the project area is predominantly commercial development.
The remainder of the 27-acre tract is undeveloped and consists mainly of loblolly pine trees.
This project area contains approximately 0.75 acres of jurisdictional riparian wetlands.
According to the applicant, wetland impacts (fill for a parking lot) had occurred at the site before
1974 and subsequently severed the original headwater wetland system (the remaining 0.75 acres)
from the unnamed tributary to Spring Branch. Surrounding land use currently consists of
commercial properties and Market Street to the south. To the west is Lennon Drive and
residential property. College Road borders the property to the east. Hunters Trail and vacant
property borders the property to the north.
Proposed impacts to jurisdictional wetlands are associated with construction seven
commercial buildings and four parking lots. Plans for the project include the proposed
placement of 200,000 cubic yards of fill material for the development. Plans showing the work
are included with this public notice.
The application for DA authorization also includes a mitigation plan for the 0.75 acres of
wetland impact. This proposal consists of making payment to the North Carolina Ecosystem
Enhancement Program/In Lieu Fee Program for impacts to wetlands at a 2:1 ratio.
This proposal shall be reviewed for the applicability of other actions by North Carolina
agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the Clean Water
Act by the North Carolina Division of Water Quality (NCDWQ).
b. The issuance of a permit to dredge and/or fill under North Carolina General Statute
113-229 by the North Carolina Division of Coastal Management (NCDCM).
c. The issuance of a permit under the North Carolina Coastal Area Management Act
(CAMA) by the North Carolina Division of Coastal Management (NCDCM) or their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned submerged land
under North Carolina General Statute 143-341(4), 146-6, 146-11, and 146-12 by the North
Carolina Department of Administration (NCDA) and the North Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality
Section, North Carolina Division of Land Resources (NCDLR), pursuant to the State
Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66).
The requested Department of the Army (DA) permit will be denied if any required State
or local authorization and/or certification are denied. No DA permit will be issued until a State
coordinated viewpoint is received and reviewed by this agency. Recipients of this notice are
encouraged to furnish comments on factors of concern represented by the above agencies
directly to the respective agency, with a copy furnished to the Corps of Engineers.
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson-Stevens Fishery Conservation and Management Act. The District Engineer's initial
determination is that the proposed project would not adversely impact EFH or associated
fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the
National Marine Fisheries Service.
This application is being considered pursuant to Section 404 of the Clean Water Act (33
U.S.C. 1344). Any person may request, in writing within the comment period specified in the
notice, that a public hearing be held to consider this application. Requests for public hearing
shall state, with particularity, the reasons for holding a public hearing.
The applicant has not provided a certification that his proposed activity complies with
and will be conducted in a manner that is consistent with the approved North Carolina Coastal
Zone Management Plan. The Corps cannot issue a permit for the proposed work until the
applicant submits such a certification statement to the Corps and the State concurs with that
certification statement.
The District Engineer has consulted the latest published version of the National Register
of Historic Places for the presence or absence of registered properties, or properties listed as
being eligible for inclusion therein, and this site is not registered property or property listed as
being eligible for inclusion in the Register. Consultation of the National Register is the extent of
cultural resource investigations by the District Engineer, and he is otherwise unaware of the
presence of such resources. Presently, unknown archeological, scientific, prehistorical, or
historical data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed
activity will affect species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision, whether to issue a permit, will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the
public interest. Evaluation of the probable impacts that the proposed activity may have on the
public interest requires a careful weighing of all those factors that become relevant in each
particular case. The benefits that may be expected to accrue from the proposal must be balanced
against its foreseeable detriments. The decision whether to authorize a proposal, and if so the
conditions under which it will be allowed to occur, are therefore decided by the outcome of the
general balancing process. That decision should reflect the national concern for both protection
and use of important resources. All factors that may be relevant to the proposal must be
considered including the cumulative effects of it. Among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (according to Executive Order 11988), land use, navigation,
shore erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property ownership,
and, in general, the needs and welfare of the people. For activities involving the placement of
dredged or fill materials in waters of the United States, a permit will be denied if the discharge
that would be authorized would not comply with the Environmental Protection Agency's
404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or
criteria, a permit will be granted unless the District Engineer decides that it would be contrary to
the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties to consider and evaluate the
impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to decide whether to issue, modify, condition or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public interest factors listed
above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to decide the need for a public hearing and to decide the
public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit will
not be made until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or
waives State certification required by Section 401 of the Clean Water Act. Tile NCDWQ
considers whether the proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of the Army (DA)
permit serves as application to the NCDWQ for certification.
Additional information regarding the Clean Water Act certification may be reviewed at
the offices of the Wetlands/401 Unit, NCDWQ, 2321 Crabtree Boulevard, Raleigh, North
Carolina 27604-2260. Copies of such materials will be furnished to any person requesting
copies upon payment of reproduction cost.
All persons desiring to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the North Carolina Division of Water Quality
(NCDWQ), 1621 Mail Service Center, Raleigh, NC 27699-1621, on or before December 8,
2004, Attn: Ms. Cyndi Karoly.
Written comments pertinent to the proposed work, as outlined above, will be received in
the Corps of Engineers, Wilmington District, Wilmington Regulatory Field Office,
Attn: Ms. Jennifer Frye, Post Office Box 1890, Wilmington, North Carolina, 28402-1890, until
4:15 p.m., December 22, 2004, at telephone [phone].

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01-02424P September, 2004
Site boundaries as shown are
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SCALE 1" =1000'
The Center at Land Management Group, Inc.
College and Market EnAromnentatConsultants U.S.G.S. 7.5'
New Hanover County, NC Wilmington, N.C. Topographic Map
01-02424P September, 2004

Site boundaries as shown are
approximate and not meant to
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taken from survey of site by Arnold Carson, PLS, PC
SCALE 1" = 500'
The Center at Land Management Group, Inc.
College and Market Environmental Consultants New Hanover County
New Hanover County, NC Wilmington, N.C. Generalized Soil Map
0 1 4Y2424P September, 2004

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NOTES.
1. THIS UdT IS 6CATED'IN ZONE 'C" ACCORDING TO
THZ FEDERAL EMERGENCY MANAGEMENT AGENCYS
FLOOD INSURANCE RATE MAP, COMMUNITY-PANEL
NUMBER 370168 0040 D. DATED: 4-15-85.
2. AREA= 2.34 AC.t
3. RATIO OF PRECISION - 1:10,000 +.
4. UTILITY EASEMENTS - TEMPORARY AND PERMANENT
• TO CITY OF WILMINGTON - RECORDED IN
DEED BOOK 3430, PAGE 350 DRIDGER5
DEED BOOK 3438, PAGE 113 DOOK 2442. PAGE 229
DEED BOOK 3438, PAGE 107
S10'05'27'E 170.01'
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MAP BOOK 34, PAGE 393
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6I CERTIFICATE OF THE U.S.'ARMY CORPS OF ENGINEERS:
j THIS PLAT. IDENTIFIES AS WERANOS ALL AREAS OF WETLANDS
REGULATED PURSUANT TO SECTION 404 OF 11E CLEAN WATER
ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE MRS
DETERMINATION OF SECTION 404 JURISDICTION MAY BE REUEO
°n l UPON FOR A PERIOD NOT TO EXCEED 5 YEARS FROM THIS DAIS
THIS DETERMINATION WAS-MADE UTILIZING THE 1907 CORPS OF
ENGINEERS PIETLANO DELINEATION MANUAL
Iq X03
°n GNED DATE
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GOLDEN EAST
DOOK 23 I5. F'AGE 1 G5
LINE TABLE
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JURISDICTIONAL BOUNDARY MAP
EXCLUSIVELY FOR
• OF THAT TRACT OF LAND'
AS RECORDED IN DEED BOOK 1102, PAGE 1414
OF THE NEW HANOVER COUNTY REGISTRY
WILMINGTON TOWNSHIP N W HANOVER COUNTY NORTH CAROLINA
3
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lli
MANAGEMERI?AGENCYS-- S PLAT IDENTInES AS WMilIDS ALL AREAS OF wE1LAND5 4-
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FL66D INSURANCE RATE MAP. COMMUNITY-PANEL REGULATED PURSUANT TO SECTION 404 OF THE CLEAN WATER
NUMBER 370168 ,0040 D, DATED: 4-15-66. ACT AS DEIFRMNED BY THE UNDERSGNED 0;1 THIS DATE TICS '
y AREA= 4.42 AC.f I DETERMINA1104 OF SECTION 404 JURISDICTION MAY BE REUED
3. RATIO OF PRECISION = 1:10,000 +. UPON FOR A PERIOD NOT TO EXCEED 5 YEARS FROM 11p5 DATE F{u r1E?s Tom}
1111"a DEEERMINAi Ott WAS MADE UTILIZING THE 1987 CORPS OF ® <

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
November 22, 2004
Regulatory Division
Action ID No. 200401258
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Dear Ms. Karoly:
D
10V 3 0 2004
DENR - WATER QUALITY
`VEI @SAND STOR%ATER BRANCH

Reference the enclosed application from Cape Fear Investments & Development, LLC for
Department of the Army authorization and a State Water Quality Certification to discharge fill
material into 0.75 acres of Seciton 404 wetlands adjacent to an unnamed tributary to Spring
Branch, associated with the construction of The Center at College and Market commercial
development, located at the northwest corner of College Road and Market Street in Wilmington,
New Hanover County, North Carolina. Your receipt of this letter verifies your acceptance of a
valid request for certification in accordance with Section 325.2(b)(ii) of our administrative
regulations.
We are considering authorizing the proposed activity pursuant to Section 404 of the Clean
Water Act. We have determined that a water quality certification is required under the provisions
of Section 401 of Section 404 of the Clean Water Act. A Department of the Army permit will
not be granted until the certification has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days after receipt of a
request for certification is a reasonable time for State action. Therefore, if you have not acted on
the request, or asked for an extension of time, by January 22, 2005, the District Engineer will
deem that waiver has occurred.
11/13/2004 12:40
9104520060
LANDMANAGEMENT
LAND MANAGEMENT GROUP, INC.
.Environmental Consultants
Post Office Box 2522
Wilmington, North Carolina 28402
PHONE No: 910-452-0001
FAX No: 910-452-0060
PAGE 01/06
Robert L. Moul Suite 14
Larry F. Baldwin Downey Branch Office Park
.W. Stephen Morrison 3805 Wrightsville Avenue
G. Craig Turner Wilmington, NC 28403
PLEASE DELIVER THE FOLLOWING DOCUMENT(S) TO:
THIS TRANSMITTAL IS FROM.
NUMBER OF PAGES (INCLUDING THIS COVER)
DATE: CJ TIME OF TRANSMISSION:
TIME RECEIVED:'
11/19/2004 12:40 9104520060 LANDMANAGEMENT PAGE 02/06
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
Privacy Art Statement
Authority. 33 USC 401, Section 10: 1413, Section 444. Principal Purpose: These laws require permits authorizing activities in, of affecting, navigable
waters of the United States, the discharge of dredged or fill material Into waters of the United States, and the transportation of dredged material for the
purpose of dumping it into ocean waters. Routing Uses: Information provided on this form will be used in evaluating this application for a permlL
Disclosure; Disclosure of requested information Is voluntary. If Infonnatlon is not provided however, the permit application cannot be processed nor can a
permit be Issued.
Orre set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity.
An apprication that is not completed in full will be returned
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO, 1 2. FIELD OFFICE CODE 1 3. DATE RECEIVED 1 4. DATE APPL. COMPLETE
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANT'S NAME 8. AUTHORIZED AGENTS NAME AND TITLE (an agent Is not
Cape Fear investments required) Amy Luddy
& Development, LLC Environmental Technician
Land Management Group, Inc.
6. APPLICANT'S ADDRESS
1519 Jettys Reach
9. AGENT'S ADDRESS
Land Management Group, Inc.
Wilmington, NC 28409
P.O. Box 2522
Wilmington, N.C. 28402
7. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NO. W/AREA CODE
a. Business 910-791-6652 910-452-0001
b. Fax Number 910-791-7073 910-452-0060 (fax)
11. STATEMENT OF AUTHORIZATION
I hereby authorize Land Management Group, Inc, to act In my behalf 03 my agent in the processing of this application and to furnish, upon request,
supplemental information in support of this permit application. SEE ATTACHED FORM
APPLICANTS SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE-The Center at College and Market
13. NAME OF WATERBODY, IF KNOWN (if applicable)
Tributary of Spring Branch
15. LOCATION OF PROJECT
New Hanover North Carolina
COUNTY STATE
14. PROJECT STREET ADDRESS (I applicable)
301 & 229 South College Road
Wilmington, NC 28405
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN
11/1.?/2004 12:40 9104520060 LANDMANAGEh1ENT PAGE 03/06
17. DIRECTIONS TO THE SITE
Highway 17 North (Market Street) from Downtown Wilmington. Turn right on College Road (Hwy
40) north exit. Make a U-turn at the light. Turn right on a dirt road after the pet store. Park under
the billboard and follow the cut path onto the site.
18. NATURE OF ACTIVITY (Description of project, include all features) - See Project Narrative
19. PROJECT PURPOSE (Describe the reason or purpose of the project) -See Project Narrative
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. REASON(S) FOR DISCHARGE-To bring proposed fill areas to grade with surrounding uplands for
proposed site development.
21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS-+/-200,000
cubic feet of sand will be used to fill the wetland area onsite.
22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED .75 acre
23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? NO IF YES, DESCRIBE THE COMPLETED WORK
24, ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, Etc., WHOSE PROPERTY ADJOINS THE WATERBODY
N/A
25. LIST OTHER CERTIFICATIONS OR APPROVALSIDENIALS RECEIVED FROM OTHER FEDERAL, STATE, OR LOCAL
AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION
AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information
in this application is complete and accurate. I further certify that I possess the authority to undertake the work described hereln or am
acting as the duly authorized agent of the applicant
r'
SIGNAT E O PLIC DATE
18. U.S.C. Section 1001 provides that Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and
wUlfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fad or makes any false, fictitious or fraudulent statements or
representations o r makes or uses any false writing or document knowing same to contaln any false, fictitious or fraudulent statements or entry, shall be
fined not more than $10,000 or lmprlsoned not more than five yearn or both.
11/?x3/2004 12:40 9104520060 LANDMANAGEMENT PAGE 04/06
PROJECT NARRATIVE
The Center at College and Market
South College Road
New Hanover County, NC
INTRODUCTION
The existing site for the Center at College at Market contains undeveloped
wooded land, commercial buildings and residential buildings in central New
Hanover County. The Center at College and Market site is about 27 acres of land
owned by Cape Fear Investments & Development, Inc. Cape Fear Investments
& Development desires to build a commercial center comprised of seven
commercial buildings and four parking lots. The project area is located within the
Cape Fear River Basin.
EXISTING CONDITIONS
The Center at College and Market tract is located in North Wilmington in New
Hanover County. Take Market Street North from Downtown Wilmington. Turn
right onto the exit for College Road (Hwy 40) North. Make a U-turn at the V,
light. Turn right onto a dirt road after the Pet Store and before the large billboard.
Park near the billboard and follow the cut path onto the property.
A site delineation of 404 wetlands was performed in 2003 and has been
approved by the COE. The site contains a total of .75 acre of 404 wetlands.
This wetland area was historically the headwater of an unnamed tributary of
Spring Branch. Historical wetland impacts(frlled for a parking lot) have isolated
this .72 acre wetland area. The historical impacts occurred between 1959 and
1974 according to aerial photography from New Hanover County. This site
ultimately drains into Smith Creek via Spring Branch, which is located
approximately 3000 feet to the northwest of the subject site.
According to the New Hanover County Generalized Soil Survey the site is
predominately in a Baymeade fine sand. Baymeade soils are included in the
Kureb-Baymeade-Rimini soil association which includes excessively drained and
well drained soils that have a sand and fine sand surface layer. The subsoil is
comprised of sand, fine sandy loam, and loamy fine sand. The wetlands are
shown as a Murville soil on the soils map. This soil is characteristic of poorly
drained areas and typically many of these soil areas are considered 404
wetlands as regulated by the Army Corps of Engineers.
Surrounding land use currently consists of commercial properties and Market
Street (US Hwy 17) to the south. To the west is Lennon Drive and residential
property. College Road borders this property to the east To the north is Hunters
Trail Road and commercial buildings. Land to the north of Hunters Trail is
currently vacant.
11/19/2004 12:40 9104520060 LANDMANAGEMENT PAGE 05/06
Stormwater runoff from the site is captured in an existing stormwater pond
located behind Circuit City. A stormwater pond will be constructed on the
northern part of the property to detain runoff in that area. A stormwater plan is
being designed by Andrew & Kuske Consulting Engineers, Inc.
PROJECT DESIGN AND OBJECTIVES
The purpose of the proposed work will be to create a commercial complex to
serve the University area population. The enclosed site plan contains all future
development proposed for the property. Proposed development will apply for a
sedimentation and erosion control plan and a stormwater permit from NC DENR.
The impervious cover for the site will be greater than 30% of the total site.
POTENTIAL ENVIRONMENTAL IMPACTS
Several site plans were discussed to minimize impacts for the Center at College
and Market. In designing the final site plan, the developer was unable to avoid
impacts to the wetland area on site. The wetlands are unavoidable because of
their location in the center, connecting part of the property where the shape of
the tract shifts. The size of this commercial project required development to take
up a large part of the tract. The seven commercial buildings require adequate
parking as regulated by the local government. The wetland impacts total .75
acres of forested wetlands. Please see the attached site plan.
THE PROPOSED WETLANDS MITIGATION
To mitigate for the 404 wetlands impacts, the applicant has requested to pay into
the North Carolina Ecosystem Enhancement Program at a 21 restoration to
impact ratio. There was no potential on-site mitigation on this tract.
2
11/1.9/2004 12:40 9104520060 LANDMANAGEMENT PAGE 06106
??C1/1ZCL??/?/Ylfa'G??•f'?/9Zf%J?if ??I,4?TA?,? J'?ZG.
(?9?/J.?4ixn97rfYtl;9'l?,Q? /?(Nf.44./??.Q'?J??
J f (/??fCfj %? 2 2.522
,9'.iile 4.3. jP 7 -?&v 79. 0
J80•S ?I/oi•??/rvl??..leae?:fig November 18, 2004 Xan4v, .Alec 27954
9141 ....l. ., YGne: 252-47-p-.Y-rn0
TO_ Ms. Deborah Anderson
North Carolina Ecosystem Enhancement Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Cc: Jennifer Fry, USACE
RE: Revision: request to make payment into the NCEEP
The Center at College and Market, Wilmington, NC
Dear Ms. Anderson:
On behalf of the Cape Fear Investments & Development, I am submitting a request to revise
the amount of wetlands to be mitigated by payment into the NCEEP in-lieu fee program for wetland
impacts associated with the same tract referenced above. A letter from the NCEEP accepting
payment for the original proposed impacts was sent out September 29, 2004. The tract is located in
Wilmington, NC (New Hanover County; Lower Cape Fear River Basin, Hydrologic Unit #
03030005). The applicant is currently proposing to fill .75 acre of wetlands on the property. There
will be no other impacts.
Please notify me as to whether the NCEEP will allow the applicant to make payment into
the program for this impact. Please disregard the past request for mitigation for this property.
Thank you for your assistance and do not hesitate to contact me if you require any additional
information.
Sincerely,
1 d
Environmental Technician
Encl. Vicinity Map
Topographic Map
Soils Map
Site Plan
?GCr/12WCf/12CL(yeinen' oliol i, '12C.
god l611i e ax 2522
91il minyy on,, ,A2f% &U1 Eta 28402
Jelef lione: 9-10-452-0001
?/ffai,z Gf?ec:
fcrifc >5
?ora,ee? Aa)ic/ G11ice Jai/
3805 oMi,g1t6mifl'e ,dicnuce
Ailinblylon, 11V2840d
TO: Ms. Jennifer Frye
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
November 9, 2004
RE: Individual Permit Application for the Center at College and Market
New Hanover County, NC
Dear Ms. Frye:
Jtanch 011fce:
J 0 'ox J-120
5045 Vwafa)z Jficcf
?Aanko, ?W27954
Acne: 252-473-3400
Enclosed is the revised Individual Permit application for the center at College and Market.
Included is a list of the adjacent property owners and required authorizations from federal, state
or local agencies. I have revised all maps to be letter size with match lines.
Please let me know if I can be of further assistance in this permit process. Thank you.
Siq erely,
Lu
Envu?onmental T 'cian
Cc: Jeff Stokley
NOV 10 2004
REGULATORY
WI M. FLD. Dr C.
Encl.
APPLICATION FOR DEPARTMENT OF THE ARMY PI RMEIVE®
Privacy Act Statement NOV 1 0 2004
Authority. 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in or affectinge pkvigple
waters of the United States, the discharge of dredged or fill material into waters of the United States, and the tr i'Ls aio of dred?ed;mate ri? fo?tha
purpose of dumping it into ocean waters Routing Uses: Information provided on this form will be used in eval atiA fl s aQpliTf`4orfor,ap uit.
Disclosure; Disclosure of requested information is voluntary. If information is not provided however, the permit appli tar3 canno441iee processed nor can a
permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity.
An application that is not completed in full will be returned
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 12. FIELD OFFICE CODE 13. DATE RECEIVED 14. DATE APPL. COMPLETE
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANTS NAME 8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not
Cape Fear Investments required) Amy Luddy
& Development, LLC Environmental Technician
Land Management Group, Inc.
6. APPLICANT'S ADDRESS 9. AGENTS ADDRESS
1519 Jettys Reach Land Management Group, Inc.
Wilmington, NC 28409
P.O. Box 2522
Wilmington, N.C. 28402
7. APPLICANTS PHONE NOS. W/AREA CODE 10. AGENTS PHONE NO. W/AREA CODE
a. Business 910-791-6652 910-452-0001
b. Fax Number 910-791-7073 910-452-0060 (fax)
11
STATEMENT OF AUTHORIZATION
I hereby authorize Land Management Group, Inc. to act in my behalf as my agent in the processing of this application and to furnish, upon request,
supplemental information in support of this permit application. SEE ATTACHED FORM
APPLICANT'S SIGNATURE
DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE-The Center at College and Market
13. NAME OF WATERBODY, IF KNOWN (if applicable)
Tributary of Spring Branch
15. LOCATION OF PROJECT
New Hanover North Carolina
COUNTY STATE '
14. PROJECT STREET ADDRESS (if applicable)
301 & 229 South College Road
Wilmington, NC 28405
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN
17. DIRECTIONS TO THE SITE
Highway 17 North (Market Street) from Downtown Wilmington. Turn right on College Road (Hwy
40) north exit. Make a U-turn at the light. Turn right on a dirt road after the pet store. Park under
the billboard and follow the cut path onto the site.
18. NATURE OF ACTIVITY (Description of project, include all features) - See Project Narrative
19. PROJECT PURPOSE (Describe the reason or purpose of the project) -See Project Narrative
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. REASON(S) FOR DISCHARGE-To bring proposed fill areas to grade with surrounding uplands for
proposed site development.
21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS - +/-200,000
cubic feet of sand will be used to fill the wetland area onsite.
22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED .62 acre
23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? NO IF YES, DESCRIBE THE COMPLETED WORK
24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, Etc., WHOSE PROPERTY ADJOINS THE WATERBODY
N/A
25. LIST OTHER CERTIFICATIONS OR APPROVALS/DENIALS RECEIVED FROM OTHER FEDERAL, STATE, OR LOCAL
AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION
AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information
in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am
acting as the &Iy authorize g nt of the applicant
II v
SIG U URA F-A 4 T DATE
18. U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and
willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or
representations o r makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be
fined not more than $10,000 or imprisoned not more than five years or both.
_?,
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The Center at Land Management Group, Inc,
College and Market Envirornnental Consultants New Hanover County
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Land Management Group
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action Id. 200300558 County: New Hanover Quad: WYrightwffle Beach
Notification of Jurisdictional Determination
Responsible Party: Cape Fear Investments and Development Agent: Land Management Group
Attn: Jeff Stokely Attn: Chip Jackson
Address: 1519 Jettys Reach Post Office Box 2522
Wilmington, NC 28409 Wilmington, NC 28402
Telephone: [phone] [phone]
Decimal Degrees: North: 34.25185560 West: 77.87276390
Size and Location of Property (waterbody, Highway name/number, town, etc.): Approximately 2.0 acres located at 209 North
College Road, west of North College Road, south of Hunter's Trail, in headwaters of an unnamed tributary to Spring Branch, north
of Wilmington, New Hanover County, North Carolina.
Basis of Determination: There are jurisdictional wetlands on the site described above (see attached wetland data sheets) that are
located in headwaters of an unnamed tributary to Spring Branch, a tributary to Smith Creek. This determination is based on
information submitted by Chip Jackson of Land Management Group on February 20, 2003 and a site visit by Angie Pennock on
February 20, 2003. '
Indicate which of the following apply:
There are waters of the United States on the above described property which we strongly suggest should be delineated and
surveyed. The surveyed wetland lines must be verified by our staff befoie the Corps will make a final jurisdictional
determination on your property.
Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot
be accomplished in a timely manner. You may wish to employ a consultant to obtain a more timely delineation of the
wetlands. Once your consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate,
we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final
jurisdictional determination on your property without an approved survey.
X Th wetlands on your land have been delineated, and the limits of Corpgjurkdiction have been explained to you.
Unless there is a change in the law or our published regtilations,dhis d t rmina inn may he relied upon for a
period not to exceed five yews from the date of this notification:
There are no wetlands present on the above described property which are subject to the permit requirements of Section
404 of the Clean Water Act (33 USC 1344). Unless. there is a change in the law or our published regulations, this
determination maybe relied upon for a period not to exceed five years from the date of this notification.
X The project is located in on of the 20 C ogs ai Co mties You should contact the nearest State Office of Coash+l
Mnnngementto determine their requirement.,;.
Placement of dredged or fill material in wetlands on this property without a Department of the Army permit
is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required
for work on the property restricted entirely to existing high ground. If you have any questions regarding the
Corps of Engineers regulatory program, please contact Angie Pennock at [phone].
Property owner/Authorized Agent Signature Project Manager Signature
ata r7,0 Gala
Date X14, 2003 Expiration Date Mgv 14,2008
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM.
CESAW Form 566
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action Id. 200300324 County: New Hanover Quad: Wrightsville Beach
Notification of Jurisdictional Determination
Responsible Party: Cape Fear Investments and Development Agent: Land Management Group
Attn: Jeff Stokely Attn: Chip Jackson
Address: 1519 Jettys Reach Post Office Box 2522
Wilmington, NC 28409 Wilmington, NC 28402
Telephone: [phone] [phone]
Decimal Degrees: North: 34.25185560 West: 77.87276390
Size and Location of Property (Nvaterbody, Highway name/number, town, etc.): Approximately 5.09 acres located at 229 and
301 South College Road, west of South College Road, south of Hunter's Trail, adjacent to and along an unnamed tributary to
Spring Branch, north of Wilmington, New Hanover County, North Carolina
Basis of Determination: There are jurisdictional wetlands on the site described above (see attached wetland data sheets) that are
located adjacent to and along an unnamed tributary to Spring Branch, a tributary to Smith Creek This determination is based on
information submitted by Chip Jackson of Land Management Group on December 13, 2002 and a site visit by Angie Pennock on
December 13, 2002.
Indicate which of the following apply:
There are waters of the United States on the above described property which we strongly suggest should be delineated and
surveyed. The surveyed wetland lines must be verified by our staff before the- Corps will=make a final jurisdictional
determination on your property.
Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot
be accomplished in a timely manner. You may wish to employ a consultant to obtain a more timely delineation of the
wetlands. Once your consultant has flagged a 'wetland line on the property, Corps staff will review it, and, if it is accurate,
we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final
jurisdictional determination on your property without an approved survey.
X The Fvetlnnds on your land have been d Iin ed, and the limits of Corps jurisdiction have been ernlained to you.
Tlnless there is a change in the liw or our p ihlicr hed reb ilationc,dhis determination may be relied u= on for a
period not to exceed five years from the date of this notification.
There are no wetlands present on the above described property which are subject-to the permit requirements of Section
404 of the Clean Water Act.(33 USC 1344). Unless there is a change in the law or our published regulations, this
detarmination may be relied upon for a period not to exceed five years from the date of this notification.
X 4a project is located in one of the 20 Constj Counties, You should onto the n ar s nt Office of Const-4
ATan:tgement to determine their requirements.
Placement of dredged or fill material in wetlands on this property without a Department of the Army permit
is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required
for work on the property restricted entirely to existing high ground. If you have any questions regarding the
Corps of Engineers regulatory program, please contact Angie Pennock at [phone].
Property owner/Authorized Agent Signature Project Manager Signature
? u??L
Date May 1412003 Expiration Date May 1'4,2009
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM.
CESAw Form 566
NOTES:
lNE FEDERAL EMERGENCY MANAGEMENT AGENCYS
1 S
FLOOD 'INSURANCE PATE MAP, COMMUNITY-PANEL
NUMBER 370163 0040 D. DATED: 4-15-66:
2. AREA= 2.34 AC.t
3. RATIO OF PRECISION - 1:10,000 +.
4. UTILITY EASEMENTS - TEMPORARY AND PERMANENT
• TO CITY OF VILMINGTON - RECORDED IN
DEED BOOK 3430, PAGE 350 DiJOGm5
PEED BOOK 3438• PAGE 113 DOOR 2444 PAGI! 22-9
DEED BOOK 3438, PAGE 107
N10'02'25'1 Y 152.03'
2 'E 170 01' N03-30'00-W 151.00'
S10 06 7
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TO U3 t1WY?7
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NOTE 4)
LINE TABLE
LINE DIRECTION LENGTH
L7 S46'4 '46• 8.40'
L2 S44'40'39' 25.63'
L3 S17.51'58' 41.97'
L4 S06'05' 6•E 33.01'
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EXCLUSIVELY FOR
CP?p? ? ?AI? I NV? S-1"M? NO`S '
OF THAT TRACT OF LAND'
AS RECORDED IN DEED BOOK 1182, PACE 1414

111uuhg OF THE NEW HANOVER COUNTY REGISTRY
WILMINGTON TOWNSHIP N HANOVER COUNTY NORTH CAROLINA
r
?1
GARO SCALE 1' a 80' MARCH 3, 2003

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6
CERTIFICATE OF THE U.S.-ARMY CORPS OF ENGINEERS:
= I THIS PLAT. IDENTIFIES AS WETLANDS ALL AREAS OF VEU14DS
RECJLATED PURSUANT TO SECIICN 404 OF THE CLEAN WATER
ACT AS DETERMINED BY TILE UNDERSIGNED ON THIS DATE THS
DETERLIINATION OF SECTION 404 JURISDICTION MAY BE REUEO
UPON FOR A PERIOD NOT TO EXCEED 5 YEARS FROM THIS DAIS
THIS DEN3RMNATION W'AS•MAOE UTILIZING THE 1907 CORPS OF
ENGNEERS BEILANO DEUNEATION MANUAL
6 ?q alaA
n° I GNEO DATE
N?
?n
,p aD
I GOLDEN CAST
DOOR 2315. PAGE I G5
rA" D?
4
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600K 2399. PACE 93.7
sbuYI._ 190.x-
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NOTES: CERTIFICATE OF THE U.S. ARMY COI PS OF EIJCINEER : R
IN ZONE "C" ACCORDING TO
THE_FEDFIZIERAL EMERGENCY MANAGLV-ENT'-AGENCYS--? THIS PLAT mEI11FlES AS Y.EUND3 AIL AP.W OF ritlLAtloS - gC
. FLOOD INSURANCE RATE MAP. COMMUNITY-PANEL REGULATED PURSUANT TO SECTION 404 OF THE CLEAN WATER
NUM3FR 370168 0040 D, DATED: 4-15-136. ACT AS DETUMINED BY THE UNCERSIGNED ON THIS DATE ETID3 D
2 AREA- 4.42 AC.-f- I DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELm k
• UPON FOR A PERIOD NOT TO IXC®5 YEARS FRog THIS DAIS HuuTZS -?
3, RATIO OF PRECISION = 1:10,000 +. T11I3 DETERM[IiATI0416AS MADE UTILIZING THE 1987 COP.PS OF TRAIL
ENC;N=s Yowo DEL'NallON MANUAL
ly ?3 LU. n 4 MARKET si

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BOOK 244?- PAGE 229 COTNREN I 5TEVEN3
ROOK 635
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TRACTS 1 AND 2
AS RECORDED IN DEED BOOK 2315. PAGE 165
GARO(? YALNINGT OF THE NEW HANOVER COUN[TY REGISTRY
ON TOY?TISHIP NEW EW HAN HANOVER ER COUNTY NORTH CAROLINA
002
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Z. = • SS! 9
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SALE51'L63'OSCS.
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406 NORTH THIRD STREET
NO 28401
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? cD?`si 100 50 .0
. i?L'kst0ltmtG?t?a#f??F?
A ENT DISCLOSURE FORM
9" f4
,[Y.4
- TO WHOM MAY NCERN:
&we, thle and rsigrted hemby authariza Land Management Grow , Inc., to act
as our agent ire the par6on and reprewnta?on of Wormafi rermits. sub?mb,-d
w thin the 46401 dlor GAMAi appl[cations and/or septic All
questions i regard ? this apptioatfon shouid ba din4d to Land
Managermen Group,
sincerely,
er/Appli n
bate
ZQ/10 3E)Vd 1N3W1S3/WI HV33 3dV3 ELOL16LOIE
E;t? =TZ b©0Zf5T/80
The Center at College and Market
Individual Permit Application
Adioinina Pronertv Owners
Location Owner and Address
2 Lennon Drive Michael J. Tyndall
743 Timber Lane
Wilmington, NC 28405
5311 Market St Benton & Sons Properties, LLC
PO Box 919
Whiteville, NC 28472
5335 Market St 1 CC Investors 1996-3
C/o Circuit City Store #1608
PO Box 42304
Richmond, VA 23242
5345 Market St 4 Innkeeper Properties, Inc.
C/o Daly Seven Inc.
1005 Bullard Ct. 100
Raleigh, NC 27615
5355 Market St CM College Market Association, Inc.
7200 Stonehenge Dr 201
Raleigh, NC 27619
5339 Hunters Trail Wade Pope
C/o Wades Barber Shop
2619 College Road N
Wilmington, NC 28405
410 Candi Street Roger Dell Cando
1704 Pope Court
Wilmington, NC 28405
5324 Hunters Trail H W Acquisition If Co Inc
C/o Mastec Inc
3155 77th Ace NW 210
Miami, FL 33122
5318 Hunters Trail Hardt Properties, LLC
5318 Hunters Trail
Wilmington, NC 28405
314 Lennon Drive Mortons Limited Partnership
1491 Chain Bridge Road #302
McLean, VA 22101-2209
Q
The Center at College and Market
Individual Permit Application
Authorizations Required
Government Aaencv Permit Tvoe
NCDENR Stormwater
Sedimentation and Erosion Control Plan
NCDOT Ddvewa
City of Wilmington Construction release
stormwater
tree
USACOE Individual Permit
DWQ 401 Certification
NCDENR Water line extension
NCDENR Sewer Extension
, S otem
PROGRAM
September 29, 2004
Amy Luddy
Land Management Group, Inc.
P.O. Box 2522
Wilmington, NC 28402
Subject: Project: The Center at College & Market
County: New Hanover
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for stream and wetlands impacts associated with the subject project. Please note that the decision by the
NCEEP to accept the mitigation requirements of this project does not assure that this payment will be approved by the
U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401 Unit. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP for impacts associated with this project is
appropriate. Further, it is the understanding of the NCEEP that the rules of the NC Coastal Resources Commission, as
implemented by the Division of Coastal Management, allow mitigation for impacts to coastal wetlands only for projects
that will have public benefits, as determined by the DCM, provided that the public benefits clearly outweigh the adverse
effects of the project, and further, that all reasonable means of impact avoidance and minimization have bee incorporated
into the project's design.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to
forward copies of the 404 Permit/401 Certification to the NC Ecosystem Enhancement Program in order for an invoice to
be generated.
Based on the information supplied by you in a letter dated September 15, 2004 the stream and wetlands restoration that is
necessary to satisfy the compensatory mitigation requirements for this project is summarized in the following table. The
maximum amount of mitigation that the NCEEP will accept for this project is also indicated in this table.
Stream
(linear feet Wetlands Riparian
(acres) Riparian Buffer
ft?)
Impacts 4,050 0.62
Mitigation Maximum 8,100 1.24
The riparian wetlands and stream mitigation will be provided as specified in the 401 Water Quality Certification and/or
Section 404 Permit for impacts associated with the subject project in Cataloging Unit 03030005 of the Cape Fear River
Basin. The mitigation will be performed in accordance with the Memorandum of Agreement between the N.C.
Department of Environment and Natural Resources, the U.S. Army Corps of Engineers and the N.C. Department of
Transportation signed July 22, 2003.
2Z"tor' .. F .. Protect' 0" Stag NCDENR
-CU
?• ?
North Carolina Ecosystem Enhancement Program, 1619 Mail Service Center, Raleigh, NC 27699-1619 / 919-733-5208 / www.nceep.net
If you have any questions or need additional information, please contact Carol Shaw at [phone].
Sincerely,
alfl?.
Deborah D. Anderson
In-Lieu Fee Administrator
cc: Cyndi'Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Jennifer Frye, USACOE-Wilmington
Noelle Lutheran, DWQ Regional Office-Wilmington
File
RP.St"DYl?L? F Pro ti" 0" Itate, GA
NCDENR
North Carolina Ecosystem Enhancement Program, 1619 Mail Service Center, Raleigh, NC 27699-1619 / 919-733-5208 / wvAv.nceep.net
YMICIalana
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3805 9AiY/azWheJI enrre September 27, 2004 11(aitleo, 41V27954
1XIm brylo;t, A V28M,? g'fone: 252-473-3400
TO: Jennifer Frye
U. S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
RE: Wetlands evaluation for the Center at College and Market Tract
New Hanover County, NC
Dear Ms. Frye:
On September 27, 2004, I evaluated the Center at College and Market Tract for the
presence of 404 wetlands. This approximately 27-acre tract is located at the intersection of
College Road and Market Street in Wilmington, NC. Freshwater, non-isolated wetlands are
regulated by the U. S. Army Corps of Engineers and during this evaluation, I followed the Corps'
1987 wetlands manual, which defines 404 wetlands based on three characteristics: vegetation,
soils, and hydrology. Using their guidelines, I located 404 wetlands that have already been flagged
by our firm on the eastern part of the property. This wetland area is labeled on the wetland and
stormwater map included in this package. The Jurisdictional Determinations for the wetland area
is also included in this package. No other 404 wetlands were located on this tract of land. Most
of the tract has been developed. Vegetation on the upland portion of this tract consisted mainly of
loblolly pine trees. Soils are mapped as Baymeade fine sand and Murville by the Soil Conservation
Service. The wetland area was the only location containing a hydrological pattern on the tract.
Thank you for allowing us to assist you with this project. Please let me know if I can be of
further assistance.
Sin rely,
y L dy
En o en al Technician
Cc: John Dorney, DWQ
Jeff Stokley
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TO: Ms. Jennifer Frye
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
September 24, 2004
RE: Individual Permit Application for the Center at College and Market
New Hanover County, NC
Dear Ms. Frye:
RECEIVED
SEP 2 9 2004
REGULATOR
W'Lm' FL ' ?? ce:
. 0 fox X420
504 vualan Ol2ecl
?Tt'a?ilea, ??27954
glione: 252- 473-3400
Enclosed is an Individual Permit application for your review. This application is submitted
on behalf of Cape Fear Investment and Development, Inc. for a 27 acre tract located in north
Wilmington. The applicant plans build a commercial complex to serve the University area.
Approximately 0.62 acre of wetlands will be impacted as a result of this development. To offset
these impacts, the applicant has requested to pay into the North Carolina Ecosystem Enhancement
Program.
The permit application form, associated maps, site plan, wetland survey, and a project
narrative are enclosed for your review. Please contact me if you have any questions or if an on-
site visit is needed. Thank you for your assistance with this project.
Sincerely,
i
y, ddy
Environmental hnician
Cc: Jeff Stokley
Encl.
a0,0 q0 Ia58'
4
PROJECT NARRATIVE
The Center at College and Market
South College Road
New Hanover County, NC
INTRODUCTION
The existing site for the Center at College at Market contains undeveloped
wooded land, commercial buildings and residential buildings in central New
Hanover County. The Center at College and Market site is about 27 acres of land
owned by Cape Fear Investments & Development, Inc. Cape Fear Investments
& Development desires to build a commercial center comprised of seven
commercial buildings and four parking lots. The project area is located within the
Cape Fear River Basin.
EXISTING CONDITIONS
The Center at College and Market tract is located in North Wilmington in New
Hanover County. Take Market Street North from Downtown Wilmington. Turn
right onto the exit for College Road (Hwy 40) North. Make a U-turn at the 1St
light. Turn right onto a dirt road after the Pet Store and before the large billboard.
Park near the billboard and follow the cut path onto the property.
A site delineation of 404 wetlands was performed in 2003 and has been
approved by the COE. The site contains a total of .62 acre of 404 wetlands.
This wetland area was historically the headwater of an unnamed tributary of
Spring Branch. Historical wetland impacts(filled for a parking lot) have isolated
this .62 acre wetland area. The historical impacts occurred between 1959 and
1974 according to aerial photography from New Hanover County. This site
ultimately drains into Smith Creek via Spring Branch, which is located
approximately 3000 feet to the northwest of the subject site.
According to the New Hanover County Generalized Soil Survey the site is
predominately in a Baymeade fine sand. Baymeade soils are included in the
Kureb-Baymeade-Rimini soil association which includes excessively drained and
well drained soils that have a sand and fine sand surface layer. The subsoil is
comprised of sand, fine sandy loam, and loamy fine sand. The wetlands are
shown as a Murville soil on the soils map. This soil is characteristic of poorly
drained areas and typically many of these soil areas are considered 404
wetlands as regulated by the Army Corps of Engineers.
Surrounding land use currently consists of commercial properties and Market
Street (US Hwy 17) to the south. To the west is Lennon Drive and residential
property. College Road borders this property to the east. To the north is Hunters
Trail Road and commercial buildings. Land to the north of Hunters Trail is
currently vacant.
J.
Stormwater runoff from the site is captured in an existing stormwater pond
located behind Circuit City. A stormwater pond will be constructed on the
northern part of the property to detain runoff in that area. A stormwater plan is
being designed by Andrew & Kuske Consulting Engineers, Inc.
PROJECT DESIGN AND OBJECTIVES
The purpose of the proposed work will be to create a commercial complex to
serve the University area population. The enclosed site plan contains all future
development proposed for the property. Proposed development will apply for a
sedimentation and erosion control plan and a stormwater permit from NC DENR.
The impervious cover for the site will be greater than 30% of the total site.
POTENTIAL ENVIRONMENTAL IMPACTS
Several site plans were discussed to minimize impacts for the Center at College
and Market. In designing the final site plan, the developer was unable to avoid
impacts to the wetland area on site. The wetlands are unavoidable because of
their location in the center, connecting part of the property where the shape of
the tract shifts. The size of this commercial project required development to take
up a large part of the tract. The seven commercial buildings require adequate
parking as regulated by the local government. The wetland impacts total .62
acres of forested wetlands. Please see the attached site plan.
THE PROPOSED WETLANDS MITIGATION
To mitigate for the 404 wetlands impacts, the applicant has requested to pay into
the North Carolina Ecosystem Enhancement Program at a 2:1 restoration to
impact ratio. There was no potential on-site mitigation on this tract.
2
• ' `' APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
Privacy Act Statement
Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting, navigable
waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for
the purpose of dumping it into ocean waters. Routing Uses: Information provided on this form will be used in evaluating this application for a permit.
Disclosure; Disclosure of requested information is voluntary. If information is not provided however, the permit applicatiiioor?CE1Viffd nor
can a permit be issued. C?.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over therlgeatio2oT2094osed
activity. An application that is not completed in full will be returned JJ CC II""
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) REGULATORY
gut-1-4-;-1-0- OF-C'--
1. APPLICATION NO. 1 2. FIELD OFFICE CODE 1 3. DATE RECEIVED 1 4. DATE APPL. COMPLETE
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANT'S NAME 8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not
Cape Fear Investments required) Amy Luddy
& Development, LLC Environmental Technician
Land Management Group, Inc.
6. APPLICANTS ADDRESS
1519 Jettys Reach 9. AGENT'S ADDRESS

Wilmington, NC 28409 Land Management Group, Inc.
P.O. Box 2522
Wilmington, N.C. 28402
7. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENTS PHONE NO. W/AREA CODE
a. Business 910-791-6652 910-452-0001
b. Fax Number 910-791-7073 910-452-0060 (fax)
11. STATEMENT OF AUTHORIZATION
I hereby authorize Land Management Group, Inc. to act in my behalf as my agent in the processing of this application and to furnish, upon request,
supplemental information in support of this permit application. SEE ATTACHED FORM
APPLICANT'S SIGNATURE
DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE - The Center at College and Market
13. NAME OF WATERBODY, IF KNOWN (if applicable)
Tributary of Spring Branch
15. LOCATION OF PROJECT
New Hanover North Carolina
COUNTY STATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN
301 & 229 South College Road
Wilmington, NC 28405
14. PROJECT STREET ADDRESS (if applicable)
17. DIRECTIONS TO THE SITE
Higlw,W 17 North (Market Street) from Downtown Wilmington. Turn right on College Road (Hwy
40) north exit. Make a U-turn at the light. Turn right on a dirt road after the pet store. Park under
the billboard and follow the cut path onto the site.
18. NATURE OF ACTIVITY (Description of project, include all features) - See Project Narrative
19. PROJECT PURPOSE (Describe the reason or purpose of the project) -See Project Narrative
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. REASON(S) FOR DISCHARGE-To bring proposed fill areas to grade with surrounding uplands for
proposed site development.
21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS -+/-200,000
cubic feet of sand will be used to fill the wetland area onsite.
22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED .62 acre
23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? NO IF YES, DESCRIBE THE COMPLETED WORK
24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, Etc., WHOSE PROPERTY ADJOINS THE WATERBODY
N/A
25. LIST OTHER CERTIFICATIONS OR APPROVALS/DENIALS RECEIVED FROM OTHER FEDERAL, STATE, OR LOCAL
AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION
AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the
information in this application is complete and accurate. I further certify that I possess the authority to undertake the work
described herein or am acting as the duly authorized agent of the applicant.
q120
SIG 6-f-
?Q"IA14E?ANT DATE
18. U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly
and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or
representations o r makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall
be fined not more than $10,000 or imprisoned not more than five years or both.
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STNDOL DATE DESCRIPTION BY
REV SIONS
\ 02004 ANDRE'. k RUSRE
PRELIMINARY SITE PLAN
THE CENTER AT COLLEGE AND MARKET
WILMINGTON, NORTH CAROLINA
THE CENTER AT COLLEGE AND MARKET
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TO: Ms. Jennifer Frye
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
March 9, 2005
RE: Individual Permit Application for the Center at College and Market
New Hanover County, NC
Dear Ms. Frye:
/4T F/uTF
C4 -I?9 3
Aanc/ G??ce:
9. G 6ox 1120
504 Vicalan RICel
,llaialco, ?IrC27054
Ylioxe: 252-473-3%00
QP@COdp p
D
MAR 1 1 2005
DENR - WATER QUALITY
MUM &ND STORMATFR BRANCH
I am writing this letter to respond to your January 12, 2005 letter that included comments from
the Fish and Wildlife Service and to also respond to the Division of Water Quality's letter dated
January 21, 2005. Below each concern by the above agencies has been addressed:
Fish and Wildlife Service
1. A description of /lie wetlands, including dominant phmt species, on the site as well as
information on the extent of surface water flotiv, if any, bet?veen the "riparian wetlands" and
Spring Branch. If the waterway demonstrates intennittent flow, this should be noted. If the
linear tivetland is, in fact, a depressional wetland due to past fill, this should be noted,
Pond pine (Pines serotina), loblolly bay (Gordonia lasiwithus), wax myrtle
(Myrica cerifera), and titi (Cyrilla racem flora) are the dominant plant species that exist
in the wetlands on this property. This area was determined to be a non-riparian wetland
by Jennifer Frye, USACE. The tract once contained headwaters of an unnamed tributary
to Spring Branch. Historical wetland fill offsite has severed the existing wetlands onsite
from the rest of the wetland system offsite. There is no surface flow or any culverts to
support connectivity from this wetland pocket to the rest of the wetland system located off
site. This wetland area has become a depressional wetland due to past fill. Figures B 1
and B2 document how this area has changed in the last 45 years.
Figure B 1 contains a 1959 aerial photograph of the site. There was minimal
development in this area at the time. This area appears to have been timbered relatively
close to the time the aerial was taken. The wetland area is the darker shaded area where
the land was not timbered due to soils wetness and vegetation type. Outlined in blue is the
the estimated wetland area. The wetland area is intact except for three road crossings
offsite and one road crossing on site. Compare the 1959 aerial to figure B2, a 2002 aerial
photograph. Please note how impacts in this area have affected the wetland area. The
wetland area outlined in blue has been copied to the 2002 aerial photograph to show what
development has impacted the wetland area. The impacts from the applicant's property to
the northeast side of Lennon Drive are as follows: utility easement and road crossing on
site(Figure A3), Mastec gravel parking lot(Figure A4), Two Men and a Truck parking lot
and building, the U.S. Post Office(Figure A5), duplexes along Lennon Drive, and Lennon
Drive itself(Figure A5). This wetland system has been impacted repeatedly downhill from
the wetlands on the applicant's property. The wetland onsite is no longer a functioning
riparian wetland.
2. A description of alternative development plans which would avoid and uniiuimize wetland
impacts. There should be a discussion of the feasibility of removing the older fill and recreating
a functional riparian system from the headwater to Spring Branch. There should be am analysis
of dividing the development into ttivo sections which would leave the narrow strip of Murville soil
(Mir) through the tract undeveloped. An intact wetland system could provide important
stormnvater control benefits to the development. hi general, the site development maps in the PN
contain so much it formation that it is difficult to make a clear distinction between existing and
proposed development in relation to wetlands on the site;
In response to the Fish and Wildlife Service's letter dated December 9, 2004,
LMG has evaluated several alternatives to the current development plan. The alternatives
that will be discussed are no-action alternative, restoration of the riparian wetland system,
alternative site locations, and on-site alternative site layout.
No-Action Alternative
The no-action alternative would leave the site in its current condition, with about
33 buildings and approximately 8 acres of vacant land. This site is located at the
intersection of College Road and Market Street, a prime location for commercial
businesses and retail stores. Cape Fear Investments and Realty paid approximately 8.1
million dollars for the 27-acre site. This site is economically valuable and not developing it
would be a significant loss of return for the applicant.
Wetland Restoration
The U. S. Fish and Wildlife Service has asked for a discussion of the feasibility of
removing old wetland fill and restoring a functional riparian wetland system that would
connect into Spring Branch. As discussed above, this wetland system has been historically
impacted. To fully restore this system, structures and roads located both on site and off
site (Lennon Drive, residential duplexes, a branch of the U. S. Post Office, Two Men and a
Truck, the parking area for Mastec, and utility lines) would all have to be removed (see
figure 132). Then the area would have to be taken down to grade and replanted. This
option is not feasible for many reasons. Lennon Drive connects College Road and Market
Street in one of the busiest areas of town. Removing infrastructure in this area would
increase congestion. In addition, it would take a large amount of money to buy the
additional land needed in order to connect the wetlands to Spring Branch. For these
reasons, this alternative is not feasible.
Alternate Sites
An evaluation of alternative sites similar in size and vicinity (one mile radius) was
conducted. A one mile radius was chosen to keep the potential sites in the same part of
town (Figure C1). Four sites were identified using 1998 and 2002 aerial photographs and
the New Hanover County GIS online system. Please see Figures CAI through CD3 for
maps of the sites. The New Hanover County Soil Survey, topographic quadrangles, and
aerial photographs were used to estimate potential wetlands on the sites. Because fitting
the Costco 13.6-acre layout within a site is the limiting factor for this project, we will use
the area of 13.6 acres that Costco would like to build on at the applicant's site as a basis
for the feasibility of other sites.
Site A is a 15.22 acre site, (Parcel ID 805017-001-003-000) located off of Racine
Drive. Please see figures CAI through CA3. This tract of land is zoned Regional
Business, which corresponds with the project's intended use. This site appears to have
potential wetlands (1.25 acres) and a blue line stream (630 linear feet). The location of
the potential wetland area is in the center of the tract. It would be unavoidable in the
development of 13.6 acres for the Costco site plan. This impact would be larger than the
area of fill that is being applied for on the applicant's site. Therefore, Site A is not a
feasible alternative.
Site B is a 13.76 acre site, (Parcel ID 805000-002-010-000) located off of Market
Street north of College Road. Please see figures CB 1 through C133. This tract is also
zoned Regional Business. According to the New Hanover County Soil Survey this tract
has a strip of Murville Soil running northwest to southeast through the tract and Leon
Soils on the rest of the tract. Murville soils are listed in the Soil Conservation Service's
Hydric Soils of United States (see figure DI) as a hydric soil. This 3.1 acre area is a
potential wetland. Due to the location and size of this potential wetland area,
development of this tract is not possible without filling most of the wetland area on site.
Therefore, this site is not a feasible alternative.
Site C is a 35.21 acre site, (Parcel ID R05000-002-004-000), located off of
Cardinal Drive Extension. Please look at figures CCI through CC4 for reference. The
tract is zoned Residential. This does not correspond with the intended use. This site does
not support wetlands, but does contain a stream(-5450 It) and Waters of the US(-575010
according to a recent site visit by LMG and the USACE. The current owner of the site
has attempted to rezone the property several times for development purposes but has been
denied. Therefore, this site is not feasible due to zoning.
Site D is a 44.8 acre site,(Parcel ID 805000-001-001-000) located off of Smith
Creek Parkway north of Market Street. Please see figures CD 1 through CD3. This tract
of land is zoned residential. This does not correspond with the project's intended use.
Subdivisions border this property to the north. This site contains potential wetlands (15.6
acres) and a blue line stream. The northern part of the property contains a potential area
where the Costco could be built without any wetland impact. However, this site is not
feasible due to zoning and surrounding land use.
ON-SITE ALTERNATIVE
For comparison, the applicant has designed an on-site alternative that avoids
impacts to wetlands (Figure E1). In this alternative, all development within the western
section of the tract would remain the same as proposed in the applicant's preferred
alternative, since no wetlands exist in this area. However, because of Costco's standard
requirements, their building footprint would not fit anywhere within the tract if the 0.75-
acre of wetlands is not filled. (Please see letter from Bohler Engineering, Figure D2).
Without wetland impacts, the site could support a maximum 70,000 square foot retail
center and associated parking, This site plan would generate approximately seven million
dollars. Since the applicant purchased the tract for approximately 8.1 million dollars, the
plan would result in a 1.1 million dollar loss. Therefore, this alternative is not feasible.
The existing site conditions map and the proposed site plan have been updated to
be easier to read.
3. A discussion of the nature and extent of streajn impacts, if any, to the surface water channel
which crosses the tract and any proposed stream mitigation;
There are no streams on the applicant's tract. The wetlands have been determined
non-riparian by Jennifer Frye, USACE.
4. If a thorough altenlath es analysis concludes that all wetland impacts cwniot be avoided,
there should be a ?vritten indication that the State ILIA' will be able to provide adequate
compensatory mitigation within the lower Cape Fear River basin, ideally within Hydrologic Unit
0030007 and within New Hatiover County,
To mitigate for 0.75 acre of non-riparian wetlands, Cape Fear Investments and
Development proposes to buy into the North Carolina Ecosystem Enhancement Program's
in-lieu fee program at a two to one restoration to impact ratio. The NCEEP has accepted
this request and has stated that they will be able to supply adequate compensatory
mitigation in accordance with the Memorandum of Agreement between the North
Carolina Department of Environment and Natural Resources, the U.S. Army Corps of
Engineers and the North Carolina Department of Transportation signed July 22, 2003
(please see Figure D3).
5. A discussion of the cumulative impacts of the proposed action. 77tat is, an analysis which
adds the permanent loss of wetlands on this site to all past losses within the Sinith Creek
watershed ajul fully coizsiders whether additional losses should be allowed in light of the present
state of f lnctlons performed and benefits provided by Sin ith Creek;
Land Management Group does not have the resources to accurately analyze the
permanent loss of wetlands within the entire Smith Creek watershed. As discussed above,
the unnamed tributary onsite and offsite that emptied into Spring Branch has been
historically impacted. Impacts to this system include Lennon Drive, residential duplexes, a
branch of the U. S. Post Office, Two Men and a Truck, the parking area for Mastec, a road
crossing on-site and utility lines.
Secondary impacts to wetlands and water quality could occur during and after
construction through erosion and stormwater runotf. These potential impacts will be
minimized by the development and implementation of a Stormwater Plan and a
Sedimentation and Erosion Control Plan. These plans will reduce the potential for erosion
or runoff into wetlands and other water bodies located off site. Furthermore, this project
will tie into the local sewer system. Therefore, no septic tanks will be installed within the
site, which eliminates the possibility of groundwater contamination from failing septic
tanks.
6. 11re District Engineer is encouraged to review the references and comments above in making
the section 7 determination pursuant to the ESA. 1 he District Engineer may request the
applicatnt to provide all (necessary information, including field survey data, to clearly establish
impacts on federally protected species.
Table 1. Federally-listed endangered and threatened species known to occur in New
Hanover County, NC, excluding coastal and marine species.
Common Name Scientific Name Status
Animals
American alligator Alligator
mississi iensis T(S/A)
Red-cockaded
woodpecker Picoides borealis E
Shortnose sturgeon Acipenser
brevirostrunn E
Plants
Coole 's meadowrue Tlnalictrum coole i E
Rough-leaf loosestrife Lysimachia
as erulae olia E
KEY:
Status Definition
Endangered A taxon "in danger of extinction throughout all or a significant
portion of its range."
Threatened A taxon "likely to become endangered within the foreseeable future
throughout all or a significant portion of its range."
T(S/A) Threatened due to similarity of appearance - a species that is
threatened due to similarity of appearance with other rare species
and is listed for its protection.
On February 17, 2005, staff of Land Management Group, Inc. evaluated the tract
for its potential to support federally-listed threatened or endangered species (Table 1 &
Figure D4). This tract is partially developed, with scattered vegetation located near the
center of the property. Wetlands within the tract are forested and are isolated by
surrounding residential and commercial development. Vegetation within the wetlands
consist of a thick assemblage of pond pine (Pious serotina), loblolly bay (Gordonia
lasianthus), wax myrtle (Myrica cerifera), and titi (Cyrilla racemijlora). These wetlands
are too densely vegetated to support rough-leaf loosestrife (Lysimachia asperulifolia) or
Cooley's meadowrue (Thalictrum cooleyi), both of which require fairly open habitat.
Because the wetlands do not contain standing water and are isolated from a main branch,
they would not provide suitable habitat for the American alligator or shortnose sturgeon.
Forested uplands within the tract contain scattered longleaf pine trees (Pines
palustris) and live oaks (Quercus virginiana). Most of the pine trees are young, with a
diameter at breast height (DBH) approximately 4" to 6". However, some pine trees are
mature and have a DBH greater than 16". All mature pine trees were inspected for the
presence of red-cockaded woodpecker cavities. No individuals or cavities were observed.
This forested habitat is too small and fragmented to provide suitable habitat for the red-
cockaded woodpecker.
Division of Water Quality
1. Using the information that was provided DWQ must determine that there are no practical
alternatives to impacting. 75 acres of wetlands on the subject tract. A lack of practical
alternatives may be shown by demonstrating that, considering the potential for a reduction in
size, cot fguration or density of the proposed aclivity and all alternative designs the basic
project purpose cannot practically be accomplished in a manner which would avoid or result in
less adverse impact to surface ?vaters or wellands I his has not beefs demronstrated It appears
that a reduction in the number of commercial buildings proposed would also decrease the
parking spaces required and the basic project purpose could still be practically accomplished
and ?vould result in less adverse impacts to the only wellaruls on the tract.
Please refer to the alternatives analysis above in the response to question 2 from
the Fish and Wildlife Service.
2. In order to demonstrate that the project will not result in cumulative impacts to downstream
water quality and minimize impacts to ?vetlands; it is recommended that you incorporate the
wetlands on the tract into the stornnvater treatment system. For example, please consider
constructing the wet detention pond adjacent to the wetlands and discharging the pond into the
wetlands for additional siornnvater treatnteitt. 11?vould be acceptable to DIYO if arr oullet
structure were placed in the wetland area to control the quantity of water during storm events
due to the location of the ?vellands on the tract. A constructed wetland slorm?vater treatment
system constructed in col junction tivith the natural ?vellands is also an option.
The Center at College and Market's plan includes a regional stormwater drainage
and retention pond. The 0.75-acre wetland pocket is located within the center of the tract.
In order to incorporate the wetlands into the stormwater treatment system, the stormwater
pond would also need to be located within the center of the tract(see figure E1). This
would fragment the tract into smaller developable areas and Costco would not have
adequate space on which to develop. As previously stated, Costco requires 13.6 acres on
which to place their standard building design and 628 parking spaces. The proposed site
plan is the only place within the 27-acre tract where the Costco design can fit.
I hope that tlus letter and the enclosed information will be sufficient in addressing your concerns.
Please feel free to contact me with any questions or concerns with the material enclosed. Thank
you.
Sincerely,
An u d
Environmental Technician
Cc: Howard Hall, Fish and Wildlife Service
Noelle Lutheran, DWQ
Cyndi Karoly, DWQ
Jeff Stokley, Cape Fear Investments and Development,LLC
Encl.
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
Privacy Act Statement
Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting, navigable
waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for
the purpose of dumping it into ocean waters. Routing Uses: Information provided on this form will be used in evaluating this application for a permit.
Disclosure; Disclosure of requested information is voluntary. If information is not provided however, the permit application cannot be processed nor
can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 1 2. FIELD OFFICE CODE 1 3. DATE RECEIVED 1 4. DATE APPL. COMPLETE
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANT'S NAME 8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not
Cape Fear Investments required) Amy Luddy
& Development, LLC Environmental Technician
Land Management Group, Inc.
6. APPLICANT'S ADDRESS
1519 Jettys Reach 9. AGENT'S ADDRESS

Wilmington, NC 28409 Land Management Group, Inc.
P.O. Box 2522
Wilmington, N.C. 28402
7. APPLICANTS PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NO. W/AREA CODE
a. Business 910-791-6652 910-452-0001
b. Fax Number 910-791-7073 910-452-0060 (fax)
11. STATEMENT OF AUTHORIZATION
I hereby au horize Land nagement Group, Inc. to act in my behalf as my agent in the processing of this application and to furnish, upon request,
suppleme al inform i support of this permit application. SEE ATTACHED FOR14.
3 ,7 65-
APPLIC AT' S TU E DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE - The Center at College and Market
13. NAME OF WATERBODY, IF KNOWN (if applicable)
Tributary of Spring Branch
15. LOCATION OF PROJECT
New Hanover North Carolina
COUNTY STATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN
17. DIRECTIONS TO THE SITE In) [-_q f;:zlL r---2 ". __
MAR 1 1 2005
ttiEADE" jpSN? ST?Q R SaWCH
14. PROJECT STREET ADDRESS (if applicable)
301 & 229 South College Road
Wilmington, NC 28405
Highway 17 North (Market Street) from Downtown Wilmington. Turn right on College Road (Hwy
40) north exit. Make a U-turn at the light. Turn right on a dirt road after the pet store. Park under
the billboard and follow the cut path onto the site.
18. NATURE OF ACTIVITY (Description of project, include all features) - See Project Narrative
19. PROJECT PURPOSE (Describe the reason or purpose of the project) -See Project Narrative
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. REASON(S) FOR DISCHARGE-To bring proposed fill areas to grade with surrounding uplands for
proposed site development.
21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS -+/-200,000
cubic feet of sand will be used to fill the wetland area onsite.
22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED .75 acre
23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? NO IF YES, DESCRIBE THE COMPLETED WORK
24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, Etc., WHOSE PROPERTY ADJOINS THE WATERBODY
N/A
25. LIST OTHER CERTIFICATIONS OR APPROVALS/DENIALS RECEIVED FROM OTHER FEDERAL, STATE, OR LOCAL
AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION
AGENCY TYPE APPROVAL- IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the
information in this application is complete and accurate. I further certify that I possess the authority to undertake the work
described herein or am acting as the duly authorized agent of the applicant.
SIGNATURE OF APPLICANT DATE
18. U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly
and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or
representations o r makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall
be fined not more than $10,000 or imprisoned not more than five years or both.
REVISED PROJECT NARRATIVE
March 2005
The Center at College and Market
South College Road
New Hanover County, NC
INTRODUCTION
The existing site for the Center at College at Market contains about eight acres of
undeveloped wooded land, commercial buildings and residential buildings in central New
Hanover County. The Center at College and Market site is about 27 acres of land owned
by Cape Fear Investments & Development, Inc. Cape Fear Investments & Development
desires to build a commercial center comprised of a Costco Wholesale
Warehouse(Costco), five commercial buildings and five parking lots. The project area is
located within the Cape Fear River Basin.
EXISTING CONDITIONS
The Center at College and Market tract is located in North Wilmington in New
Hanover County. Take Market Street North from Downtown Wilmington. Turn right
onto the exit for College Road (Hwy 40) North. Make a U tum at the I" light. Turn
right onto a dirt road after Pet Food City and before the large billboard. Park near the
billboard and follow the cut path onto the property.
A site delineation of 404 wetlands was performed in 2003 and has been approved
by the COE. The site contains a total of .75 acre of 404 wetlands. Pond pine (Pinus
serotina), loblolly bay (Gordonia lashuithus), wax myrtle (Myrica cerifera), and titi
(Cyrilla racemflora) are the dominant plant species that exist in the wetlands on this
property. This area was determined to be a non-riparian wetland by Jennifer Frye,
USACE. The tract once contained headwaters of an unnamed tributary to Spring Branch.
Historical wetland fill offsite has severed the existing wetlands onsite from the rest of the
wetland system offsite. There is no surface flow or any culverts to support connectivity
from this wetland pocket to the rest of the wetland system located off site. This wetland
area has become a depressional wetland due to past fill. Figures B 1 and B2 document
how this area has changed in the last 45 years.
Figure B 1 contains a 1959 aerial photograph of the site. There was minimal
development in this area at the time. This area appears to have been timbered relatively
close to the time the aerial was taken. The wetland area is the darker shaded area where
the land was not timbered due to soils wetness and vegetation type. Outlined in blue is
the the estimated wetland area. The wetland area is in tact except for three road crossings
offsite and one road crossing on site. Compare the 1959 aerial to figure B2, a 2002 aerial
photograph. Please note how impacts in this area have affected the wetland area. The
wetland area outlined in blue has been copied to the 2002 aerial photograph to show what
development has impacted the wetland area. The impacts from the applicant's property
to the northeast side of Lennon Drive are as follows: utility easement and road crossing
on site(Figure A3), Mastec gravel parking lot(Figure A4), Two Men and a Truck parking
lot and building, the U.S. Post Office(Figure A5), duplexes along Lennon Drive, and
Lennon Drive itself(Figure A5). This wetland system has been impacted repeatedly
downhill from the wetlands on the applicant's property. The wetland onsite is no longer
a functioning riparian wetland. Although there were many impacts to this system, no
stormwater plan has been initiated for this area. The Center at College and Market's site
plan includes a regional storm drainage and retention pond in the stormwater plan for
development.
According to the New Hanover County Generalized Soil Survey the site is
predominately in a Baymeade fine sand. Baymeade soils are included in the Kureb-
Baymeade-Rimini soil association which includes excessively drained and well drained
soils that have a sand and fine sand surface layer. The subsoil is comprised of sand, fine
sandy loam, and loamy fine sand. The wetlands are shown as a Murville soil on the soils
map. This soil is characteristic of poorly drained areas and typically many of these soil
areas are considered 404 wetlands as regulated by the Army Corps of Engineers.
Surrounding land use currently consists of commercial properties and Market
Street (US Hwy 17) to the south. To the west is Lennon Drive and residential property.
College Road borders this property to the east. To the north is Hunters Trail Road and
commercial buildings. Land to the north of Hunters Trail is currently vacant.
Table 1. Federally-listed endangered and threatened species known to occur in New Hanover
County, NC, excluding coastal and marine species.
Commou Name Scientific Nante Status
Animals
American alligator Alligator mississi iensis T(S/A)
Red-cockaded woodpecker Picoides borealis E
Shortnose sturgeon Aci enser brevirostnim E
Plants
Coole 's meadowrue Thalictmin cooleyi E
Rough-leaf loosestrife L simachia as enilae olio E
KEY:
Status Definition
Endangered A taxon "in danger of extinction throughout all or a significant portion of
its range."
Threatened A taxon "likely to become endangered within the foreseeable future
throughout all or a significant portion of its range."
T(S/A) Threatened due to similarity of appearance - a species that is threatened
due to similarity of appearance with other rare species and is listed for its
protection.
2
On February 17, 2005, staff of Land Management Group, Inc. evaluated the tract
for its potential to support federally-listed threatened or endangered species (Table 1 and
Figure D4). This tract is partially developed, with scattered vegetation located near the
center of the property. Wetlands within the tract are forested and are isolated by
surrounding residential and commercial development. Vegetation within the wetlands
consist of a thick assemblage of pond pine (Pious serotiua), loblolly bay (Gordoitia
lasianthus), wax myrtle (Myrica cerifera), and titi (Cyrilla racemiora). These wetlands
are too densely vegetated to support rough-leaf loosestrife (Lyshnachia asperulifolia) or
Cooley's meadowrue (Thalictrum cooleyi), both of which require fairly open habitat.
Because the wetlands do not contain standing water and are isolated from a main branch,
they would not provide suitable habitat for the American alligator or shortnose sturgeon.
Forested uplands within the tract contain scattered longleaf pine trees (Pious
palustris) and live oaks (Ouercus virginiana). Most of the pine trees are young, with a
diameter at breast height (DBH) approximately 4" to 6". However, some pine trees are
mature and have a DBH greater than 16". All mature pine trees were inspected for the
presence of red-cockaded woodpecker cavities. No individuals or cavities were observed.
This forested habitat is too small and fragmented to provide suitable habitat for the red-
cockaded woodpecker.
ALTERNATIVES ANALYSIS
The alternatives that were evaluated are no-action alternative, restoration of the
riparian wetland system, alternative site locations, and on-site alternative site layout.
No-Action Alternative
The no-action alternative would leave the site in its current condition, with about
33 buildings and approximately 8 acres of vacant land. This site is located at the
intersection of College Road and Market Street, a prime location for commercial
businesses and retail stores. Cape Fear Investments and Realty paid approximately 8.1
million dollars for the 27-acre site. This site is economically valuable and not developing
it would be a significant loss of return for the applicant.
Wetland Restoration
LMG has evaluated the feasibility of removing old wetland fill and restoring a
functional riparian wetland system that would connect into Spring Branch. As discussed
above, this wetland system has been historically impacted. To fully restore this system,
structures and roads located both on site and off site (Lennon Drive, residential duplexes,
a branch of the U.S. Post Office, Two Men and a Truck, the parking area for Mastec, and
utility lines) would all have to be removed (see figure 132). Then the area would have to
be taken down to grade and replanted. This option is not feasible for many reasons.
Lennon Drive connects College Road and Market Street in one of the busiest areas of
town. Removing infrastructure in this area would increase congestion. In addition, it
would take a large amount of money to buy the additional land needed in order to connect
the wetlands to Spring Branch. For these reasons, this alternative is not feasible.
3
Alternate Sites
An evaluation of alternative sites similar in size and vicinity (one mile radius) was
conducted. A one mile radius was chosen to keep the potential sites in the same part of
town (Figure C1). Four sites were identified using 1998 and 2002 aerial photographs and
the New Hanover County GIS online system. Please see Appendix A for maps of the
sites. The New Hanover County Soil Survey, topographic quadrangles, and aerial
photographs were used to estimate potential wetlands on the sites. Because fitting the
Costco 13.6-acre layout within a site is the limiting factor for this project, we will use the
area of 13.6 acres that Costco would like to build on at the applicant's site as a basis for
the feasibility of other sites.
Site A is a 15.22 acre site, (Parcel ID 805017-001-003-000) located off of Racine
Drive. Please see figures CAI through CA3. This tract of land is zoned Regional
Business, which corresponds with the project's intended use. This site appears to have
potential wetlands (1.25 acres) and a blue line stream (630 linear feet). The location of
the potential wetland area is in the center of the tract. It would be unavoidable in the
development of 13.6 acres for the Costco site plan. This impact would be larger than the
area of fill that is being applied for on the applicant's site. Therefore, Site A is not a
feasible alternative.
Site B is a 13.76 acre site, (Parcel ID 805000-002-010-000) located off of Market
Street north of College Road. Please see figures CBI-CB3. This tract is also zoned
Regional Business. According to the New Hanover County Soil Survey this tract has a
strip of Murville Soil running northwest to southeast through the tract and Leon Soils on
the rest of the tract. Murville soils are listed in the Soil Conservation Service's Hydric
Soils of the United States (see figure D1) as a hydric soil. This 3.1 acre area is a potential
wetland. Due to the location and size of this potential wetland area, development of this
tract is not possible without filling most of the wetland area on site. Therefore, this site is
not a feasible alternative.
Site C is a 35.21 acre site, (Parcel ID R05000-002-004-000), located off of
Cardinal Drive Extension. Please look at figures CC1 through CC4 for reference. The
tract is zoned Residential. This does not correspond with the intended use. This site does
not support wetlands, but does contain a stream(-5450 If) and Waters of the US(-5750 If)
according to a recent site visit by LMG and the USACE. The current owner of the site
has attempted to rezone the property several times for development purposes but has been
denied. Therefore, this site is not feasible due to zoning.
Site D is a 44.8 acre site,(Parcel ID 805000-001-001-000) located off of Smith
Creek Parkway north of Market Street. Please see figures CD1 through CD3. This tract
of land is zoned residential. This does not correspond with the project's intended use.
Subdivisions border this property to the north. This site contains potential wetlands (15.6
acres) and a blue line stream. The northern part of the property contains a potential area
where the Costco could be built without any wetland impact. This site is not feasible due
to zoning and surrounding land use.
4
On-site Alternative
For comparison, the applicant has designed an on-site alternative that avoids
impacts to wetlands (Figure EI). In this alternative, all development within the western
section of the tract would remain the same as proposed in the applicant's preferred
alternative, since no wetlands exist in this area. However, because of Costco's standard
requirements, their building footprint would not fit anywhere within the tract if the 0.75-
acre of wetlands is not filled. (Please see letter from Bohler Engineering, Figure D2).
Without wetland impacts, the site could support a maximum 70,000 square foot retail
center and associated parking, This site plan would generate approximately seven million
dollars. Since the applicant purchased the tract for approximately 8.1 million dollars, the
plan would result in a 1.1 million dollar loss. Therefore, this alternative is not feasible.
PREFERRED PROJECT
The purpose of the proposed work will be to create a Costco and a commercial
complex to serve the local community. The enclosed site plan contains all future
development proposed for the property. The applicant will apply for a sedimentation and
erosion control plan and a stormwater permit from NC DENR The impervious cover for
the site will be greater than 30% of the total site.
The Center at College and Market's plan includes a regional stormwater drainage
and retention pond. Stormwater runoff from the site is captured in an existing stormwater
pond located behind Circuit City. A stormwater pond will be constructed on the northern
part of the property to detain runoff in that area. A stormwater plan is being designed by
Norris, Kuske & Tunstall Consulting Engineers, Inc.
POTENTIAL ENVIRONMENTAL IMPACTS
In designing the final site plan, the developer was unable to avoid impacts to the
wetland area on site. The wetlands are unavoidable because of their location in the
center, connecting part of the property where the shape of the tract shifts. The Costco site
plan is required to take up 13.6 acres of the tract for the Costco store and a minimum of
628 parking spaces. The other six commercial buildings require adequate parking as
regulated by the local government. The wetland impacts total .75 acres of forested
wetlands. Please see the attached site plan.
Secondary impacts to wetlands and water quality could occur during and after
construction through erosion and stormwater runoff. These potential impacts will be
minimized by the development and implementation of a Stormwater Plan and a
Sedimentation and Erosion Control Plan. These plans will reduce the potential for erosion
or runoff into wetlands and other water bodies located off site. Furthermore, this project
will tie into the local sewer system. Therefore, no septic tanks will be installed within the
site, which eliminates the possibility of groundwater contamination from failing septic
tanks.
THE PROPOSED WETLANDS MITIGATION
To mitigate for 0.75 acre of non-riparian wetlands, Cape Fear Investments and
Development proposes to buy into the North Carolina Ecosystem Enhancement
Program's in-lieu fee program at a two to one restoration to impact ratio. The NCEEP
has accepted this request and has stated that they will be able to supply adequate
compensatory mitigation in accordance with the Memorandum of Agreement between the
North Carolina Department of Environment and Natural Resources, the U.S. Army Corps
of Engineers and the North Carolina Department of Transportation signed July 22, 2003
(please see letter dated February 10, 2005 in Figure D3).
6
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01-02-424P September, 2004
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01-02-424P I September, 2004

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College and Market Environmental Consultants New Hanover County
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01-02-424P September, 2004

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SYAIOOL DATE DFSCRIPTX)N BY
02004 NORWRI k TUNSTAM
NORRIS, KUSKE& TUNSTALL OWNER: MASTER PLAN
? ! + J. CONSULTING ENGINEERS, INC. `6¦ 1111 ?MI CASTLE MAYNE H?YNE •BYELO?E.Y'LLC PROPOSED SITE PLAN
fl0. BLDO. B
O WI MJWJOKN.C.2.101
A 902 MARKET STREET PHONE [phone] (910)172402• STOKLEY CENTER
w WILMINGTON. NO, 28401 FAX [phone]
Jo J?= omc?onkt«9.com WILMINGTON, NORTH CAROLINA
U.S. ARMY CORPS OF ENGL EERS
Wiln?' -ton District
Action Id. 200300558 County: New Hanover Quad: Wrightsville Beach
Notification of Jurisdictional Determination
Responsible Party: Cape Fear Investments and Development Agent: Land Management Group
Attn: Jeff Stokely Attn: Chip Jackso ?nrJ? D
Address: 1519 Jettys Reach Post Office ??
Bo ?`ff D
Wilmington NC 28409 Wilmin on N NO2
. t?
Telephone: [phone] [phone] MAR 200
Decimal Degrees: North: 34.25185560 West: 77.87276390
DENR WATER QUALITY
VrrT1AVM 040 STOWMTER BRA14CH
Size and Location of Property (waterbody, Highway name/number, town, etc.): Approximately 2.0 acres located at 209 North
College Road, west of North College Road, south of Hunter's Trail, in headwaters of an unnamed tributary to Spring Branch, north
of Wilmington, New Hanover County, North Carolina.
Basis of Determination: There are jurisdictional wetlands on the site described above (see attached wetland data sheets) that are
located in headwaters of an unnamed tributary to Spring Branch, a tributary to Smith Creek This determination is based on
information submitted by Chip Jackson of Land Management Group on February 20, 2003 and a site visit by Angie Pennock on
February 20, 2003.
Indicate which of the following apply:
There are waters of the United States on the above described property which we strongly suggest should be delineated and
surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make a final jurisdictional
determination on your property.
Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot
be accomplished in a timely manner. You may wish to employ a consultant to obtain a more timely delineation of the
wetlands. Once your consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate,
we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final
jurisdictional determination on your property without an approved survey.
X The wetlanrlg on your land have been delineated, and ffhe limits of C orpg jurkdi tion hay been explained to you.
TTnless there is a change in the law or ourp ubligh d r gulationg, this l r fnntion mayh relied upon f6r i
period not to exceed five years from the dnte of this notification!
There are no wetlands present on the above described property which are subject to the permit requirements of Section
404 of the Clean Water Act (33 USC 1344). Unless.there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
X The 12ro ig located in one.of the 20 C 6,?stal C'ountieg You shoiild contact the n areg State Office of Conshl
Managementto determine their requirement-;.
Placement of dredged or fill material in wetlands on this property without a Department of the Army permit
is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required
for work on the property restricted entirely to existing high ground. If you have any questions regarding the
Corps of Engineers regulatory program, please contact Angie Pennock at [phone].
Property owner/Authorized Agent Signature
Project Manager Signature
Q{ t4iL•?F(
Date May' 14, 9003 Expiration Date May 14r900R
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM.
CESAW Form 566
U.S. ARimy CORPS OI' ENGINEERS
Wilmington District
Action Id. 200300324 County: New Hanover Quad: Wrightsville Beach
Notification of Jurisdictional Determination
Responsible Party: Cape Fear Investments and Development Agent: Land Management Group
Attn: Jeff Stokely Attn: Chip Jackson
Address: 1519 Jettys Reach Post Office Box 2522
Wilmington, NC 28409 Wilmington, NC 28402
Telephone: [phone] [phone]
Decimal Degrees: North: 34.25185560 West: 77.87276390
Size and Location of Property (waterbody, Highway name/number, town, etc.): Approximately 5.09 acres located at 229 and
301 South College Road, west of South College Road, south of Hunter's Trail, adjacent to and along an unnamed tributary to
Spring Branch, north of Wilmington, New Hanover County, North Carolina.
Basis of Deternmination: There are jurisdictional wetlands on the site described above (see attached wetland data sheets) that are
located adjacent to and along an unnamed tributary to Spring Branch, a tributary to Smith Creek This determination is based on
information submitted by Chip Jackson of Land Management Group on December 13, 2002 and a site visit by Angie Pennock on
December 13, 2002.
Indicate which of the following apply:
There are waters of the United States on the above described property which we strongly suggest should be delineated and
surveyed. The surveyed wetland lines must be verified by our staff before the- Corps will=make a final jurisdictional
determination on your property.
Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot
be accomplished in a timely manner. You may wish to employ a consultant to obtain a more timely delineatioli of the
wetlands. Once your consultant has flagged a wetland line on the property, Corps staff will review it and, if it is accurate,
we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final
jurisdictional determination on your property without an approved survey.
Y Time wetlands on your land hove been delineated, and the limits of Corps jurisdiction have h ti lplained to yi,
Unless there is a rhanbe in the law or our p ublislhed regidatiom, hie determination may be relied upon for a
period not to exceed five years from the date of this notifcatiom
There are no tivetlands.present on the above described property which are subject,to the permit requirements of Section
404 of the Clean Water Act.(33 USC 1344). Unless there is a change in the law or our published regulations,'this
determination may be relied upon for a period not to exceed five years from the date of this notification.
Y The project is located in one of the 20 Cbastnl Count". You should contact tile n ar s Stat nffi of Coastal
Management to det xmin their r auiremenfs.
Placement of dredged or fill material in wetlands on this property without a Department of the Army permit
is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required
for work on the property restricted entirely to existing high ground. If you have any questions regarding the
Corps of Engineers regulatory program, please contact Angie Pennock at [phone].
Property owner/Authorized Agent Signature Project Manager Signature
?
Date May 14, 2003 Expiration Date May 1.4, 900,3
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM.
CESAw Form 566
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NOTES:
ZONE--"c- ACCORDING TO
i THE FEDERAL EMERGENCY MANAGEMENT AGENCYS
FLOOD INSURANCE RATE MAP, COMMUNITY-PANEL
NUMBER 370163 0040 D, DATED: 4-15-$6:
2. AREA= 234 AC.t
3. RATIO OF PRECISION = 1:10,000 +-
4. UTILITY EASEMENTS - TEMPORARY AND PERMANENT
TO CITY OF WILMINGTON - RECORDED IN
DEED BOOK 3430, PAGE 350 E5?JOGEFS
DEED BOOK 3438, PAGE 113 1300K 2442, PAGE 229
DEED BOOK 3433, PAGE 107
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(D) DEED
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CERTIFICATE OF THE U.S.' ARMY CORPS OF ENGINEERS:
I THIS PLAT. IDEN TIES AS YIETIANDS ALL AREAS OF WETLANDS
71 REGULATED PURSUANT TO SECTION 404 OF THE CLEAN WATER
ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE. THIS
OEU11NATION OF SECTION 404 JJRISDICNON MAY BE RELIED
r°?I UPON FOR A PERIOD NOT TO EXCEED 5 YEARS FROM THIS DATE
THIS DETERMINATION WAS•MADE UTILIZING THE 1987 CORPS OF
ENGNEERS VIETIAND DELINEATION MANUAL I
v o I Y - 0093
° I (h 14'e, Pmc
GLJSIGNED DATE
0
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LINE DIRECTION LENGTH
L1 546'4 '46"E 8.40'
L2 S44-40-39-E 25.63'
L3 517.51'58' 41.97'
L4 506.05'18'E 33.01'
L5 N39'46'36"W 71.81'
L6 N33'40'26'W L
33'
L7 N 2.31.22-W 37'
It
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n 170 I
56.5Y ??
0 cE i•1 N0425'20,W iso.va, I
504'15'_ 0`-E 254_II3• aY x
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(SEE NOTE 4) q ONTROL N03'31'35"W
PoIR T
5045120"E 150 50.90' 100 29•
NC HWy 132 - NOfZ-f1-i COLL?C,? ?OAt?
(RAY VARIES)

MEDIAN

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6
JURISDICTIONAL BOUNDARY MAP
EXCLUSIVELY FOR
C?? ??AI2 INV?S?"M?NTS '
• OF THAT TRACT OF LAND-
AS RECORDED IN DEED BOOK 11132 PAGE 1414
OF THE NEW HANOVER COUNTY REGISTRY
WILMINGTON TOWNSHIP NV HANOVER COUNTY NORTH CAROLINA
03
..°??ti'
° SCALE: 1" = 30' MARCH 3, 20
L I Ail I NARY
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O¢? = ARNOLD W. CARSON PLS PC
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406 NORTH THIRD STREET
1
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p VOL64NGTON, NO 28401

113
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,A EiMT DISCLOSURE FORS
To wHom i',t[AY NCERN:
Uwe, tfto and rsigno herebyauthorize Land Management Grou r Inc., to ad
as our agent ire the p p flon and representation of infomtal n submiftett
w thin the 4 1401 dlor LAMA appllcationa anchor septic ?ermits. All
questions i regard: to this appilmOon should ba dira d t6 Land
?
Management Group, i w.
Sincerely. .
3
??7t/t,SGtO?L?ItGJt?LLS L??7?.??
j?? ?T
Date
70 /TO 'Mr-)H-1 IN'?W=ANI ZJtJ 3dVO CLOL16L©I6 EP :T71 P03Z/9i/80
The Center at College and Market
Individual Permit Application
Adioinina Propertv Owners
Location Owner and Address
2 Lennon Drive Michael J. Tyndall
743 Timber Lane
Wilmington, NC 28405
5311 Market St Benton & Sons Properties, LLC
PO Box 919
Whiteville, NC 28472
5335 Market St 1 CC Investors 1996-3
C/o Circuit City Store #1608
PO Box 42304
Richmond, VA 23242
5345 Market St 4 Innkeeper Properties, Inc.
C/o Daly Seven Inc.
1005 Bullard Ct. 100
Raleigh, NC 27615
5355 Market St CM College Market Association, Inc.
7200 Stonehenge Dr 201
Raleigh, NC 27619
5339 Hunters Trail Wade Pope
C/o Wades Barber Shop
2619 College Road N
Wilmington, NC 28405
410 Candi Street Roger Dell Cando
1704 Pope Court
Wilmington, NC 28405
5324 Hunters Trail H W Acquisition II Co Inc
C/o Mastec Inc
3155 77th Ace NW 210
Miami, FL 33122
5318 Hunters Trail Hardt Properties, LLC
5318 Hunters Trail
Wilmington, NC 28405
314 Lennon Drive Mortons Limited Partnership
1491 Chain Bridge Road #302
McLean, VA 22101-2209
The Center at College and Market
Individual Permit Application
Authorizations Required
Government Aaencv I Permit TVDe
NCDENR Stormwater
Sedimentation and Erosion Control Plan
NCDOT Driveway
City of Wilmington Construction release
stormwater
tree
USACOE Individual Permit
DWQ 401 Certification
NCDENR Waterline extension
NCDENR Sewer Extension
View of the small manmade swale that drain through parts
Individual Permit
The Center at College and Market
Wilmington, NC
01-02-424P
Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
February 2005
of the wetlands
Figure Al
Site Documentation Photos
View of the wetland area on site
View of the wetland area that contains an old car and other debris.
Individual Permit
The Center at College and Market
Wilmington, NC
01-02-424P
Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
Figure A2
Site Documentation Photos
2005
Old bus left in the wetland area
View of the utility easement impact facing the Innkeeper Hotel
Individual Permit Land Management Group, Inc. Figure A3
The Center at College and Market Environmental Consultants
Wilmington, NC Wilmington, N.C.
01-02-424P Februarv 2005 Site Documentation Photos
View of the existing road crossing on site.
View of the Mastec gravel parking lot from the wetland area on site.
Individual Permit
The Center at College and Market
Wilmington, NC
01-02-424P
Land Management Group, Inc.
Environmental Consultai
Wilmington, N.C.
February 2005
Figure A4
Site Documentation Photos
Closer view of chain link fence that divides Mastec
View of the US
Post Office where the wetland system once existed.
View of Lennon Drive where wetland area historically existed
Individual Permit
The Center at College and Market
Wilmington, NC
01-02-424P
Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
Februarv 2005
Figure A5
Site Documentation Photos
Site boundaries as shown are
approximate and not meant to
be absolute. Boundary information
taken from survey of site by Arnold Carson, PLS, PC
SCALE 1" =
The Center at Land Management Group, Inc. Figure B 1
College and Market Environmental Consultants
New Hanover County, NC Wilmington, N.C. 1959 Aerial Photograph
01-02-424P Februarv, 2005

Residcwial `

i

=.V I,

t.•
vr&
Me rr`
"? - nd a k'ru
Po'
Impact W .;.w..^ y
Site boundaries as shown are
approximate and not meant to
be absolute. Boundary information
taken from survey of site by Arnold Carson, PLS, PC
SCALE 1 " = 400'
The Center at Land Management Group, Inc.
College and Market Environmental Consultants Figure B2
New Hanover County, NC Wilmington, N.C. 2002 Aerial Photograph
01-02-424P February, 2005
Y _Al
way ;ism i• a f v -.
�y I 'r��.k •'r... n:: -. .P fir" •� h 9.� �y/7�.,
SITE D
IV
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Vi1
40 dr*^= y,4nr

4W
a?
_•

o
V.?. r l
s
SITE A
15.22 Acres
Potential Wetlands -1.25 Acre
Potential blue line stream - 630 If
Parcel ID R05017-001-003-000
Tax value $1,142,250
Zoned RIB
r ap Source: 1998 NAPP Orthophotographs SCALE 1" = 500'
The Center at Land Management Group, Inc. Figure CA 1
College and Market Environmental Consultants
New Hanover County, NC Wilmington, N.C. Alternative site locations
January 2005 SITE A

•

SITE A
15.22 Acres
Potential Wetlands -1.25 Acre
Potential blue line stream - 630 If
Parcel ID R05017-001-003-000
Tax value $1,142,250
Zoned RB
Map Source: USGS Topographic Quadrangle, Wrightsville Beach, 1970. SCALE 1" = 500'
The Center at Land Management Group, Inc. Figure CA2
College and Market Environmental Consultants
New Hanover County, NC Wilmington, N.C. Alternative site locations
January 2005 SITE A
Be

Se
I \ \ \ I / Le
SITE A
15.22 Acres
Potential Wetlands -1.25 Acre
Potential blue line stream - 630 If
Parcel ID R05017-001-003-000
Tax value $1,142,250
Zoned RB
Map Source: New Hanover County NRCS Soil Survey, July 1977. SCALE 1 500'
The Center at Land Management Group, Inc. Figure CA3
College and Market Environmental Consultants
New Hanover County
NC Wilmington, N.C. Alternative site locations
, January 2005 SITE A

e
a ,ar. r4
SITE B
13.76 Acres
Potential Wetlands -3.1 Acres
Parcel ID R05000-002-010-000
Tax value $962,015
Zoned RB
Map Source: 1998 NAPP Ortho photographs SCALE 1" = 500'
The Center at Land Management Group, Inc. Figure C B 1
College and Market Environmental Consultants
New Hanover County, NC Wilmington, N.C. Alternative site locations
January 2005 SITE B

C-5 f) ( /
3
SITE B
13.76 Acres
Potential Wetlands -3.1 Acres
Parcel ID R05000-002-010-000
Tax value $962,015
Zoned RB
r
e: New Hanover County NRCS Soil Survey, July 1977. SCALE 1" = 500'
e Center at Land Management Group, Inc. Figure CB�
ge and Market Environmental Consultants
nover County, NC Wilmington, N.C. Alternative site locations
January 2005 SITE B

WA
TR A I L �5R
PA R` K
SITE B
13.76 Acres
Potential Wetlands -3.1 Acres
Parcel ID R05000-002-010-000
Tax value $962,015
Zoned RB
Map Source: USGS Topographic Quadrangle, SCALE 1" - 500'
Wrightsville Beach (1970) Scotts Hill (1997)
The Center at Land Management Group, Inc. Figure C B13
College and Market Environmental Consultants
New Hanover County, NC Wilmington, N.C. Alternative site locations
January 2005 1 SITE B

AL 'd ALI it ..

SITE C
35.21 Acres
Stream - 5450 If
Waters of the US - 5750 If
Parcel ID R05000-002-004-000
Tax value $10,457
Zoned R-10
Map Source: 1998 NAPP Orthophotographs SCALE 1" = 500'
The Center at Land Management Group, Inc. g u re C C 1
College and Market Environmental Consultants
New Hanover County, NC Wilmington, N.C. Alternative site locations
January 2005 SITE C
SITE C
35.21 Acres
Stream - 5450 If
Waters of the US - 5750 If
Parcel ID R05000-002-004-000
Tax value $10,457
Zoned R-10
r
ource: Wrightsville Beach, N.C., 1970, USGS 7.5'Orthophotographic quadrangle. SCALE 1" = 500'
The Center at Land Management Group, Inc. Figure CC2
ollege and Market Environmental Consultants
Hanover County, NC Wilmington, N.C. Alternative site ocations
January 2005 SITE C

SITE C
35.21 Acres
Stream - 5450 If
Waters of the US - 5750 If
Parcel ID R05000-002-004-000
Tax value $10,457
Zoned R-10
Map Source: New Hanover County NRCS Soil Survey, July 1977. SCALE 1" = 500'
The Center at Land Management Group, Inc. Figure CC3
Environmental Consultants
College and Market Wilmington, N.C. Alternative site *ations
New Hanover County, NC January 2005 1 SITE C

91&? of

a or

• yr= ?S ? Ssrc ? i? \ ? i'{s.•

?
.+? ' / .\ yam,', y`,? ,? • , .. • • ?6 ?? I b? ..
I ?kF?i

SITE C
35.21 Acres
Stream - 5450 If
Waters of the US - 5750 If
Parcel ID R05000-002-004-000
Tax value $10,457
Zoned R-10
Map Source: survey by Hanover Design SCALE 1" = 500'
The Center at Land Management Group, Inc. Figure C C4
Environmental Consultants
College and Market Wilmington, N.C. Alternative site locations
New Hanover County, NC Januarv 2005 SITF r.
rs

SITE D
44.8 Acres
Potential Wetlands -15.6 acres
Parcel I D R05000-001-001-000
Tax value $10,259
Zoned R-10
i0- '

Map Source: 1998 NAPP Orthophotographs SCALE 1 ° = 500'
The Center at Land Management Group, Inc. Figure C D 1
College and Market Environmental Consultants
New Hanover County, NC Wilmington, N.C. Alternative site locations
January 2005 SITE D
SITE D
44.8 Acres
Potential Wetlands -15.6 acres
Parcel ID R05000-001-001-000
Tax value $10,259
Zoned R-10
Map Source: 1998 NAPP Orthophotographs
The Center at Land
College and Market
New Hanover County, NC
Environmental
January
SCALE 1" = 500'
Group, Inc.
ultants I Figure C D 2
.C.
re site
SITE D
Map Source: 1998 NAPP Orthophotographs SCALE 1" = 500'
The Center at Land Management Group, Inc. Figure C D 3
College and Market Environmental Consultants
New Hanover County, NC Wilmington, N.C. Alternative site locations
January 2005 SITE D
HYDRIC SOILS.OF THE UNITED STATES -- CONTINUED REVISED OCTOBER 1, 1990
(THE "HYDRIC CRITERIA NUMBER" COLUMN INDICATES WHAT CAUSED THE SOIL TO BE INCLUDED IN THE HYDRIC LIST.
SEE THE "CRITERIA FOR HYDRIC SOILS" TO DETERMINE THE MEANING OF THIS COLUMN.)
HIGH WATER PERM. FLOODING HYDRIC CAPABILITY
DRAIN- TABLE WITHIN CRI- CRITICAL CLASS
SERIES AND SUBGROUP TEMPER- AGE 20 FREQUENCY DURATION MONTHS TERIA PHASE AND
ATURE CLASS DEPTH MONTHS INCHES NUMBER CRITERIA SUB-
CLASS

MUKILTEO. PONDED MESIC VP +1 -0 JAN-DEC <6.0 NONE 1,3 AFL 7W
(WA1180)
TYPIC MEDIHEMISTS
MULAT (FL0239) THERMIC P 0 -1.0 DEC-JUN <G.0 NONE-COMMON BRIEF-LONG DEC-JUN 283,4 NONE,RARE 3W
ARENIC OCHRAQUULTS COMMON 5W
MULDROW (OKO117) THERMIC SP 0 -2.0 SEP-MAR <6.0 RARE 2A 0-1% 2W
TYPIC ARGIAQUOLLS
MULLICA (NJ0088) MESIC VP 0 -0.5 DEC-MAY <G.0 NONE-RARE 2B3 ALL 4W
TYPIC HUMAQUEPTS
MULLINS (KY0058) MESIC P 0 -1.0 JAN-APR <6.0 RARE 2B3 ALL 4W
TYPIC FRAGIAQUULTS
MUNSET (WA1027) MESIC P +1 -1.0 DEC-MAY <6.0 NONE-RARE 3 ALL GS
ULTIC PALEXERALFS
MUNUSCONG (MI0114) FRIGID P,VP +1 -1.0 NOV-MAY <G.0 NONE 283,3 DRAINED 2W
MOLLIC HAPLAQUEPTS UNDRAINED 5W
MURVILLE.(NCO085) THERMIC VP +1 -1.0 NOV-MAY <G.0 NONE-RARE 283,3 ALL 5W
TYPIC HAPLAQUODS
MUSKEGO (WI004G) MESIC VP +1 -1.0 NOV-AUG <G.0 NONE-COMMON LONG NOV-MAY 1,3,4 DRAINED 4W
LIMNIC MEDISAPRISTS
UNDRAINED 6W
MUSKEGO., CLAY LOAM MESIC VP +1 -1.0 SEP-JUN <G.0 NONE 1
3 DRAINED 4W
SUBSTRATUM (WI0462) ,

LIMNIC MEDISAPRISTS UNDRAINED 5W
MUSKEGO, MARSHY (WI0437) MESIC VP +3 -1.0 JAN-DEC <6.0 NONE 1
3 ALL 8W
LIMNIC MEDISAPRISTS ,
MUSKEGO, OVERWASH MESIC VP +1 -1.0 NOV-JUN <G.0 NONE 1.3 DRAINED 3W
(WI0335)

LIMNIC MEDISAPRISTS UNDRAINED 5W
MUSSEY (MI0227) MESIC P,VP +1 -1.0 NOV-JUN <G.0 NONE 283,3 DRAINED 3W
TYPIC ARGIAQUOLLS UNDRAINED 5W
MUSTANG (TX0184) HYPER- P 0 -0.5 JAN-DEC >=6.0 RARE-COMMON BRIEF-LONG AUG-NOV 282
4 ALL 6W
TYPIC PSAMMAQUENTS THERMIC ,
MUSTANG, SALINE (TX0185) HYPER- P 0 -0.5 JAN-DEC >=6.0 RARE-COMMON BRIEF-LONG AUG-NOV 282
4 MOD SALINE GW
TYPIC PSAMMAQUENTS THERMIC ,
STR SALINE 8S
^-n
?.I J
C
m
Jan-29-2005 02:56pm From-Bohler Ent:ineerini PC + T-790 P.002/002 F-700
FIGURE D2 22630 Davis Drive, Suite 200
B rNT T Sterling, VA 20164
kjraLER 703.709.9500
ENGINEERING, P.C. 703.709.9501 fax
vambohlereng.corn
January 29, 2005
Via Facsimile & Federal Express
Land Management Group
3805 Wrightsville Avenue
Wilmington, NC 28403
Attn: Ms. Amy Luddy RE: Proposed Costco Wholesale
Market Street & N. College Rd.
Wilmington, NC
BEPC 4S040006.01
Dear Ms. Luddy:
At your request, our office prepared this letter to assist your firm in assuring the USCOE that the design
of the proposed Costco Warehouse at the subject location was prepared to minimize the impact to the
wetlands. During the initial stages of due diligence, both Costco and the developer fully investigated the
feasibility of avoiding any disturbance to the wetlands area and construct a 141,263 SF Costco
warehouse. The conceptual layout designs indicated that this warehouse could not be constructed on this
site without filling the wetlands.
The subject site is 13.60 acres and is currently designed with a 141,263 SF building, a gasoline facility
with a 32' x 88' canopy and a 6' x 12' controller enclosure with restroom and 628 parking spaces. The
latest site configuration was designed with the Costco Warehouse in the northeast corner of the property,
furthest away from the wetlands. Even in this configuration, the wetlands are required to be filled to
properly position the associated parking at the warehouses front door. This indicates that the project is
not viable if the wetlands are left in place.
Further, the 628 spaces depicted on the site (the maximum allowed by the City of Wilmington) are the
minimum number of spaces Costco is willing to provide for their customers. As Costco typically requires
700 spaces for a project of this size, any reduction in the number of parking spaces would jeopardize
Costco's willingness to develop the property.
If you should have any questions or comments regarding this letter, please do not hesitate to contact me at
this office [phone],
crely,
o 6er Engineering, P.C.
i
avid Nemeeek
roject Manager
Cc: Rusty Collins, Costco Wholesale
Jcff Stokley, Cape Fear tnvestmcnt and Development, LLC
John Tunstall, Norris, Kuske & Tunstall
File
DN/by
H:\44\Gosico\SO40006\Documenis\012905 lcacr Alny Lu?&her Office Locations:
M w.,4-k. ?7e NJ wr`I.nlr,...,, nA ?M-Mlle, NY >•?ou.hbe,eu?l,, MA. i-Towaon, N10 mAlbany, NY
908.66Q.8300 215.393.8300 316.872.2000 508,480,9900 410.821.7900 518.438.9900
CIVIL & CONSULTING ENGINEERS ¦ SURVEYORS ¦ T12AFF1C CONSULTANTS -1 ENVIRONMENTAL & GEOTE'CHNICAL ENGINEERS
www,behlereng,com
ECOSIVSktem
Rn-
PROGRAM
February 10, 2005
Revised
Amy Luddy
Land Management Group
P.O. Box 2522
Wilmington, NC 28402
Project: The Center at College & Market
County: New Hanover
FIGURE D3
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is
willing to accept payment for non-riparian wetlands impacts associated with the above referenced project. Please
note that the decision by the NC EEP to accept the mitigation requirements of this project does not assure that this
payment will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality
Wetlands/401 Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to
the NC EEP for impacts associated with this project is appropriate.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued
404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the 404/401 to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or
the 401 Certification an invoice will be issued.
Based on the information supplied by you on the in-lieu fee request form dated February 3, 2005, the wetlands
restoration that is necessary to satisfy the compensatory mitigation requirements for this project is summarized in
the following table. The maximum amount of mitigation that the NC EEP will accept for this project is also
indicated in this table.
Stream
(linear feet) Non-Riparian Wetlands
(acres) Riparian Buffer
(ft)
Impacts 0.75
Mitigation Maximum 1.50
The non-riparian wetlands mitigation will be provided as specified in the 401 Water Quality Certification and/or
Section 404 Permit for impacts associated with the referenced project in Cataloging Unit 03030005 of the Cape
Fear River Basin. The mitigation will be performed in accordance with the Memorandum of Agreement between
the N. C. Department of Environment and Natural Resources, the U. S. Army Corps of Engineers and the N. C.
Department of Transportation signed July 22, 2003.
RestO? ... 'E... Prot" Oar .fSta to
®?ATJ
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
Amy Luddy
Land Management Group
February 10, 2005
Page 2
FIGURE D3
If you have any questions or need additional information, please contact Carol Shaw at [phone].
cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Jennifer Frye, USACOE-Wilmington
Noelle Lutheran, DWQ Regional Office-Wilmington
File
RC-Ytoru',?, ... F ... Prot", Oar State
Sincerely,
. <A?I
W am D. Gilmore, PE
Director
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
Map Source: 1998 Color GIS aerial photograph.
SCALE 1" = 3
Land Management Group, Inc. T h e C e n t e r a t
Environmental Consultants Figure D4
P. O. Box 2522 College and Market
Wilmington, NC 28402 Element Occurrence Numbers New Hanover County, NC
910-452-0001
O =1 mile radius from the proposed site. 4
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FIGURE E1
ON-SITE ALTERNATIVE
WITH NO WETLAND IMPACT
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RE: Center at College and Market - Land Management Group
Subject: RE: Center at College and Market - Land Management Group
From: "Frye, Jennifer S SAW" <[e-mail]>
Date: Thu, 17 Mar 2005 09:05:15 -0500
To: "Stephen Rynas" <[e-mail]>, "Noelle Lutheran" <[e-mail]>,
"Cyndi Karoly" <[e-mail]>
Stephen,
Here's the status for us on this project:
They recently submitted their alternatives analysis/ESA information
(copies furnished both to DWQ and FWS)- I actually have a meeting w/ them
this morning to go over the information.
The ESA information had been sent to FWS - I am waiting on their
response. No adverse impacts to ESA is anticipated.
Waiting on 401 and CAMA consistency, obviously.
Proposed compensatory mitigation for 0.75 acres of non-riparian
wetland impact is 2:1 to EEP/ILF.
No comments received from EPA or SHPO.
NOAA Fisheries had no comment.
No comments from adjoining property owners or general public.
Let me know if you have any questions/concerns.
Jennifer
-----Original Message-----
From: Stephen Rynas (mailto:Stephen.Rynascncmail.net]
Sent: Friday, February 25, 2005 2:15 PM
To: Frye, Jennifer S SAW; Noelle Lutheran; Cyndi Karoly
Subject: Center at College and Market - Land Management Group
The consistency review public comment period has come to a close. What
is the status of the proposed project with each of you?
The project proposes .75 acres of wetland fill. Will there be any
mitigation?
1 of 1 3/17/2005 2:17 PM
OF W ATF9 Michael F. Easley, Governor
?O? QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
> n wra_ Alan W. Klimek, P.E., Director
Division of Water Quality
January 21, 2005
CERTIFIED MAIL: 7003 0500 0004 8598 1987
RETURN RECEIPT REQUESTED
Cape Fear Investments & Development, LLC
1519 Jettys Reach
Wilmington, NC 28409
SUBJECT: PROJECT ON HOLD FOR
ADDITIONAL INFORMATION
The Center at Collebe and Market
DWQ Project # 04-1593
New Hanover County
Dear Sirs:
This Office has reviewed your Individual Permit application and is placing your project on hold until
we receive the following additional information:
1. Using the information that was provided, DWQ must determine that there are no practical
alternatives to impacting 0.75 acres of wetlands on the subject tract. A lack of practical
alternatives may be shown by demonstrating that, considering the potential for a reduction in size,
configuration or density of the proposed activity and all alternative designs the basic project
purpose cannot be practically accomplished in a manner which would avoid or result in less
adverse impact to surface waters or wetlands. This has not been demonstrated. It appears that a
reduction in the number of commercial buildings proposed would also decrease the parking
spaces required, and the basic project purpose could still be practically accomplished and would
result in less adverse impacts to the only wetlands on the tract.
2. In order to demonstrate that the project will not result in cumulative impacts to downstream water
quality and minimize impacts to wetlands, it is recommended that you incorporate the wetlands
on the tract into the stormwater treatment system. For example, please consider constructing the
wet detention pond adjacent to the wetlands and discharging the pond into the wetlands for
additional stormwater treatment. It would be acceptable to DWQ if an outlet structure were
placed in the wetland area to control the quantity of water during storm events due to the location
of the wetlands on the tract. A constructed wetland stormwater treatment system constructed in
conjunction with the natural wetlands is also an option. R LR (j? F? n
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N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] One
An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper North Carolina
,Xatlrra//J
MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Noelle lutheran
WQ Supervisor: Fri Berk
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name The Center At College And Market c/o Cape Fear
Project Number 04 1593
Recvd From APP
Received Date 9/29/04 Recvd By Region
Project Type commercial
County New Hanover
County2
Region Wilmington
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
IT wetland O Y O N F_- 18-74-63-1 F_c_ s 30,623. 0.75 F_
O Y ON rF_[_-F_F_F_
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? O Y ON Did you request more info? @Y ON
Have Project Changes/Conditions Been Discussed With Applicant? O Y OQ N
Is Mitigation required? O Y @ N Recommendation: O Issue O Issue/Coed O Deny
Provided by Region: Latitude (ddmmss) 341518 Longitude (ddmmss) 775230
Comments:
This project has been placed on hold for additional information. 1/21/05 NML
cc: Regional Office
Central Office Page Number 1
OF W ATF9 Michael F. Easley, Governor
'O?QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
j (D Alan W. Klimek P.E., Director
--.- #- -? -? Division o>? Water Quality
January 21, 2005
CERTIFIED HAIL: 7003 0500 0004 8598 1987
RETURN RECEIPT REQUESTED
Cape Fear Investments & Development, LLC
1519 Jettys Reach
Wilmington, NC 28409
SUBJECT: PROJECT ON HOLD FOR
ADDITIONAL INFORMATION
The Center at College and Market
DWQ Project # 04-1593
New Hanover County
Dear Sirs:
This Office has reviewed your Individual Permit application and is placing your project on hold until
we receive the following additional information:
1. Using the information that was provided, DWQ must determine that there are no practical
alternatives to impacting 0.75 acres of wetlands on the subject tract. A lack of practical
alternatives may be shown by demonstrating that, considering the potential for a reduction in size,
configuration or density of the proposed activity and all alternative designs the basic project
purpose cannot be practically accomplished in a manner which would avoid or result in less
adverse impact to surface waters or wetlands. This has not been demonstrated. It appears that a
reduction in the number of commercial buildings proposed would also decrease the parking
spaces required, and the basic project purpose could still be practically accomplished and would
result in less adverse impacts to the only wetlands on the tract.
2. In order to demonstrate that the project will not result in cumulative impacts to downstream water
quality and minimize impacts to wetlands, it is recommended that you incorporate the wetlands
on the tract into the stormwater treatment system. For example, please consider constructing the
wet detention pond adjacent to the wetlands and discharging the pond into the wetlands for
additional stormwater treatment. It would be acceptable to DWQ if an outlet structure were
placed in the wetland area to control the quantity of water during storm events due to the location
of the wetlands on the tract. A constructed wetland stormwater treatment system constructed in
conjunction with the natural wetlands is also an option.
N. C. Division of Water Quality 127 Cardinal Drive Extension [phone] Customer Service
Wilmington Regional Office Wilmington, NC 28405 [phone] Fax [phone] One
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper NorthCarolina
Aatkally
One more thing...
Subject: One more thing...
From: Noelle Nutheran <[e-mail]>
Date: Fri, 21 Jan 2005 16:53:36 -0500
To: Cyndi Karoly <[e-mail]>
WiRO
NCDOC: Columbus Co. Correctional, Columbus Co., 04-1868, IWP 11/22/04 1/20/05
John sent out public notice and is handling a few info. items with consultant over
phone. I am guessing he will issue when PN time ends. Sorry this got away from us.
Projects of this magnitude will not be delegated to others in the future.
The Center at College and Market, New Hanover Co., 04-1593, IP, Public Notice
received 11/30/04 statutory 1/28/05
This is going on hold on Monday.---?:_-
1 of 1 1/21/2005 4:53 PM
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TO: Mr. John Dorney
Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699
September 24, 2004 0 ,1 , 1 X98
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RE: 401 Water Quality Certification Application for the Center at College and Market
New Hanover County, NC
Dear John:
Enclosed are seven copies of a 401 Water Quality Certification application for your
review. This application is submitted on behalf of Cape Fear Investment and Development, Inc.
for a 27 acre tract located in north Wilmington. The applicant plans build a commercial complex
to serve the University area. Approximately 0.62 acre of wetlands will be impacted as a result of
this development. To offset these impacts, the applicant has requested to pay into the North
Carolina Ecosystem Enhancement Program.
The permit application form, associated maps, site plan, wetland delineation, and a project
narrative are enclosed for your review. The $200 application fee is also enclosed. Please contact
me if you have any questions or if an on-site visit is needed. Thank you for your assistance with
this project.
Sincerely,
u d
Environmental Techmcian
Cc: Ms. Noelle Lutheran, DWQ PAYMENT
Jeff Stokley RECEIVED
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September 27, 2004.
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TO: Jennifer Frye
U. S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
RE: Wetlands evaluation for the Center at College and Market Tract
New Hanover County, NC
Dear Ms. Frye:
On September 27, 2004, I evaluated the Center at College and Market Tract for the
presence of 404 wetlands. This approximately 27-acre tract is located at the intersection of
College Road and Market Street in Wilmington, NC. Freshwater, non-isolated wetlands are
regulated by the U. S. Army Corps of Engineers and during this evaluation, I followed the Corps'
1987 wetlands manual, which defines 404 wetlands based on three characteristics: vegetation,
soils, and hydrology. Using their guidelines, I located 404 wetlands that have already been flagged
by our firm on the eastern part of the property. This wetland area is labeled on the wetland and
stormwater map included in this package. The Jurisdictional Determinations for the wetland area
is also included in this package. No other 404 wetlands were located on this tract of land. Most
of the tract has been developed. Vegetation on the upland portion of this tract consisted mainly of
loblolly pine trees. Soils are mapped as Baymeade fine sand and Murville by the Soil Conservation
Service. The wetland area was the only location containing a hydrological pattern on the tract.
Thank you for allowing us to assist you with this project. Please let me know if I can be of
further assistance.
Sincerely
J Cud y
Environmenta Technician
Cc: John Dorney, DWQ
Jeff Stokley
I I 01 _" ,, 0 9 3
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
Privacy Act Statement
Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting, navigable
waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the
purpose of dumping it into ocean waters. Routing Uses: Information provided on this form will be used in evaluating this application for a permit.
Disclosure; Disclosure of requested information is voluntary. If information is not provided however, the permit application cannot be processed nor can a
permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity.
An application that is not completed in full will be returned
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 12. FIELD OFFICE CODE 1 3. DATE RECEIVED 1 4. DATE APPL. COMPLETE
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANT'S NAME 8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not
Cape Fear Investments required) Amy Luddy
& Development, LLC Environmental Technician
Land Management Group, Inc.
6. APPLICANT'S ADDRESS AGENT'S ADDRESS
9
1519 Jettys Reach .
Land Management Group, Inc.
Wilmington, NC 28409
P.O. Box 2522
Wilmington, N.C. 28402
7. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENT'S PHONE NO. W/AREA CODE
a. Business 910-791-6652 910-452-0001
b. Fax Number 910-791-7073 910-452-0060 (fax)
11
STATEMENT OF AUTHORIZATION
I hereby authorize Land Management Group, Inc. to act in my behalf as my agent in the processing of this application and to furnish, upon request,
supplemental information in support of this permit application. SEE ATTACHED FORM
APPLICANT'S SIGNATURE
DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE-The Center at College and Market
13. NAME OF WATERBODY, IF KNOWN (if applicable)
Tributary of Spring Branch
15. LOCATION OF PROJECT
New Hanover North Carolina
COUNTY STATE
14. PROJECT STREET ADDRESS (if applicable)
301 & 229 South College Road
Wilmington, NC 28405
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN
17. DIRECTIONS TO THE SITE
Highway 17 North (Market Street) from Downtown Wilmington. Turn right on College Road (Hwy
40) north exit. Make a U-turn at the light. Turn right on a dirt road after the pet store. Park under
the billboard and follow the cut path onto the site.
18. NATURE OF ACTIVITY (Description of project, include all features) - See Project Narrative
19. PROJECT PURPOSE (Describe the reason or purpose of the project) -See Project Narrative
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. REASON(S) FOR DISCHARGE-To bring proposed fill areas to grade with surrounding uplands for
proposed site development.
21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS - +/-200,000
cubic feet of sand will be used to fill the wetland area onsite.
22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED .62 acre
23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? NO IF YES, DESCRIBE THE COMPLETED WORK
24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, Etc., WHOSE PROPERTY ADJOINS THE WATERBODY
N/A
25. LIST OTHER CERTIFICATIONS OR APPROVALS/DENIALS RECEIVED FROM OTHER FEDERAL, STATE, OR LOCAL
AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION
AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information
in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am
acting as the duly authorized agent of the applicant.
qh0/04
DATE
18. U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and
willfully falsities, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or
representations o r makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be
fined not more than $10,000 or imprisoned not more than five years or both.
PROJECT NARRATIVE
The Center at College and Market
South College Road
New Hanover County, NC
INTRODUCTION
The existing site for the Center at College at Market contains undeveloped
wooded land, commercial buildings and residential buildings in central New
Hanover County. The Center at College and Market site is about 27 acres of land
owned by Cape Fear Investments & Development, Inc. Cape Fear Investments
& Development desires to build a commercial center comprised of seven
commercial buildings and four parking lots. The project area is located within the
Cape Fear River Basin.
EXISTING CONDITIONS
The Center at College and Market tract is located in North Wilmington in New
Hanover County. Take Market Street North from Downtown Wilmington. Turn
right onto the exit for College Road (Hwy 40) North. Make a U-turn at the 1 c't
light. Turn right onto a dirt road after the Pet Store and before the large billboard.
Park near the billboard and follow the cut path onto the property.
A site delineation of 404 wetlands was performed in 2003 and has been
approved by the COE. The site contains a total of .62 acre of 404 wetlands.
This wetland area was historically the headwater of an unnamed tributary of
Spring Branch. Historical wetland impacts(filled for a parking lot) have isolated
this .62 acre wetland area. The historical impacts occurred between 1959 and
1974 according to aerial photography from New Hanover County. This site
ultimately drains into Smith Creek via Spring Branch, which is located
approximately 3000 feet to the northwest of the subject site.
According to the New Hanover County Generalized Soil Survey the site is
predominately in a Baymeade fine sand. Baymeade soils are included in the
Kureb-Baymeade-Rimini soil association which includes excessively drained and
well drained soils that have a sand and fine sand surface layer. The subsoil is
comprised of sand, fine sandy loam, and loamy fine sand. The wetlands are
shown as a Murville soil on the soils map. This soil is characteristic of poorly
drained areas and typically many of these soil areas are considered 404
wetlands as regulated by the Army Corps of Engineers.
Surrounding land use currently consists of commercial properties and Market
Street (US Hwy 17) to the south. To the west is Lennon Drive and residential
property. College Road borders this property to the east. To the north is Hunters
Trail Road and commercial buildings. Land to the north of Hunters Trail is
currently vacant.
Stormwater runoff from the site is captured in an existing stormwater pond
located behind Circuit City. A stormwater pond will be constructed on the
northern part of the property to detain runoff in that area. A stormwater plan is
being designed by Andrew & Kuske Consulting Engineers, Inc.
PROJECT DESIGN AND OBJECTIVES
The purpose of the proposed work will be to create a commercial complex to
serve the University area population. The enclosed site plan contains all future
development proposed for the property. Proposed development will apply for a
sedimentation and erosion control plan and a stormwater permit from NC DENR.
The impervious cover for the site will be greater than 30% of the total site.
POTENTIAL ENVIRONMENTAL IMPACTS
Several site plans were discussed to minimize impacts for the Center at College
and Market. In designing the final site plan, the developer was unable to avoid
impacts to the wetland area on site. The wetlands are unavoidable because of
their location in the center, connecting part of the property where the shape of
the tract shifts. The size of this commercial project required development to take
up a large part of the tract. The seven commercial buildings require adequate
parking as regulated by the local government. The wetland impacts total .62
acres of forested wetlands. Please see the attached site plan.
THE PROPOSED WETLANDS MITIGATION
To mitigate for the 404 wetlands impacts, the applicant has requested to pay into
the North Carolina Ecosystem Enhancement Program at a 2:1 restoration to
impact ratio. There was no potential on-site mitigation on this tract.
2
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SITE
The Center at Land Management Group, Inc.
College and Market Enwrommeca? consu t nU Vicinity Ma
New Hanover County, NC Wilmington, N.C. P
01-02-424P September, 2004

Site boundaries as shown are
approximate and not meant to
be absolute. Boundary information
taken from survey of site by Arnold Callon, PLS, PC

SCALE V =
The Center at Land Management Group, Inc.
College and Market Envfroninental ConsuibMs New Hanover County
New Hanover County, NC WOmington, N.C. Generalized Soil Map
o1-02-424P September. 2004
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action Id. 200300558 County: New Hanover Quad: Wrightsville Beach
Notification of Jurisdictional Determination
Responsible Party: Cape Fear Investments and Development Agent: Land Management Group
Attn: Jeff Stokely Attn: Chip Jackson
Address: 1519 Jettys Reach Post Office Box 2522
Wilrnington, NC 28409 Wilmington, NC 28402
Telephone: [phone] [phone]
Decimal Degrees: North: 34.25185560 West: 77.87276390
Size and Location of Property (waterbody, Highway name/number, town, etc.): Approximately 2.0 acres located at 209 North
College Road, west of North College Road, south of Hunter's Trail, in headwaters of an unnamed tributary to Spring Branch, north
of Wilmington, New Hanover County, North Carolina.
Basis of Determination: There are jurisdictional wetlands on the site described above (see attached wetland data sheets) that are
located in headwaters of an unnamed tributary to Spring Branch, a tributary to Smith Creek This determination is based on
information submitted by Chip Jackson of Land Management Group on February 20, 2003 and a site visit by Angie Pennock on
February 20, 2003.
Indicate which of the following apply:
There are waters of the United States on the above described property which we strongly suggest should be delineated and
surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make a final jurisdictional
determination on your property.
Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot
be accomplished in a timely manner. You may wish to employ a consultant to obtain a more timely delineation of the
wetlands. Once your consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate,
we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final
jurisdictional determination on your property without an approved survey.
X The wetlands on your land have been d lip at d, and the limits of Corns jurisdiction have been explained to you,
TTnless there is a hinge in the law or our published regula ions, this determination may he relied upon for n
period not to exceed five years from the date of this notifi ationf
There are no wetlands present on the above described property which are subject to the permit requirements of Section
404 of the Clean Water Act (33 USC 1344). Unless. there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
X The eject is located in on of the 20 Coastal Counties, Vo u sho•fld contact the nearest State Office of Coastal
Management to determine their requirement-.;.
Placement of dredged or fill material in wetlands on this property without a Department of the Army permit
is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required
for work on the property restricted entirely to existing high ground. If you have any questions regarding the
Corps of Engineers regulatory program, please contact Angie Pennock at [phone].
Property owner/Authorized Agent Signature Project Manager Signature
Date May '14, 7003 Expiration Date May 14, ?009
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM.
CESAw Form 566
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action Id. 200300324 County: New Hanover Quad: Wrightsville Beach
Notification of Jurisdictional Determination
Responsible Party: Cape Fear Investments and Development Agent: Land Management Group
Attn: Jeff Stokely Attn: Chip Jackson
Address: 1519 Jettys Reach Post Office Box 2522
Wilmington, NC 28409 Wilmington, NC 28402
Telephone: [phone] [phone]
Decimal Degrees: North: 34.25185560 West: 77.87276390
Size and Location of Property (waterbody, Highway name/number, town, etc.): Approximately 5.09 acres located at 229 and
301 South College Road, west of South College Road, south of Hunter's Trail, adjacent to and along an unnamed tributary to
Spring Branch, north of Wilmington, New Hanover County, North Carolina.
Basis of Determination: There are jurisdictional wetlands on the site described above (see attached wetland data sheets) that are
located adjacent to and along an unnamed tributary to Spring Branch, a tributary to Smith Creek This determination is based on
information submitted by Chip Jackson of Land Management Group on December 13, 2002 and a site visit by Angie Pennock on
December 13, 2002.
Indicate which of the following apply:
There are waters of the United States on the above described property which we strongly suggest should be delineated and
surveyed. The surveyed wetland lines must be verified by our staff before the- Corps will--make a final jurisdictional
determination on your property.
Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot
be accomplished in a timely manner. You may wish to employ a consultant to obtain a more timely delineation of the
wetlands. Once your consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate,
we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final
jurisdictional determination on your property without an approved survey. .
X The wetlands on your land have been delineated, and the limits of Corpcjurisdiction have heei explained to you.
Unless there is a change in the la?v or our puhlishe d regulations, this determination may he relied u= nn for a
period not to exceed five years from h date of this notification,
There are no wetlands.present on the above described property which are subject to the permit requirements of Section
404 of the Clean Water Act.(33 USC 1344). Unless there is a change in the law or our published regulations, this
determination maybe relied upon for a period not to exceed five years from the date of this hotification.
X 4e project is located in on of the 20 Constnl Cnun'ties. You should contact the nearest Stnte Office of Coastal
AfanagQment to determine their requirements.
Placement of dredged or fill material in wetlands on this property without a Department of the Army permit
is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required
for work on the property restricted entirely to existing high ground. If you have any questions regarding the
Corps of Engineers regulatory program, please contact Angie Pennock at [phone].
Property owner/Authorized Agent Signature Project Manager Signature
Date 14 y 14Y2003 Expiration Date May 1.4, 2009
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM.
CESAw Form 566
NOTES: _
1. THIS LOT_I$ LOCATED IN ZONE-'C' ACCORDING TO
THE FEDERAL EMERGENCY MANAGEMENT AGENCYS
FLOOD INSURANCE RATE MAP, COMMUNITY-PANEL
NUMBER 370168 0040 0, BATED: 4-15-86.
2- AREA= 2.34 AC.t
3. RATIO OF PRECISION a 1:10,000 +-
4. UTILITY EASEMENTS - TEMPORARY AND PERMANENT
TO CITY OF WILMINGTON - RECORDED IN
DEED BOOK 3430, PAGE 350 DFIDGEPS
DEED DOOK 3438, PAGE 113 DOOK 2442. PAGC 229 -
DEED BOOK 3438, PAGE 107
N10'02'26"W 152.08'
510'06'27"E 170.01' N0930'00"W 151.00'
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j I THIS PLAT IDENTIFIES AS WETLANDS ALL AREAS OF WETLANDS
REGULATED PURSUANT TO SECTION 404 OF THE CLEAN WATER
ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE THIS
DETERMINATION OF SECTION 404 JURISDICTION MAY DE RETJEO
°n l UPON FOR A PERIOD NOT TO EXCEED 5 YEARS FROM RIIS DATE.
THIS DETERMINATION WAS ,MADE UTILIZING RIE 1907 CORPS OF
ENaNEERS WETLAND DOJNEATICN MANUAL
ILLt
j_ Iq Qhtj 003
n I ZONED DATE
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TIP N HANOVER COUNTY NORTH CAROLINA
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CERTIFICATE OF THE U.S. ARMY CORPS OF ENGINEERS: ,. ROAD
NOTES:
IN ZONE "C' ACCORDING TO
L4CAl
THIS: LOT 19
1
'-
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-
-
.
.
4
ND5 ALL AREAS OF WETLANDS
_CY
AGENCYS7
MENT
THIS PLAT IDENTIFIES AS kk
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N 404 OF THE CLEAN WATER (
PANEL
Y
+
-
REGULATED PURSUANT TO SECTIO
. FLOOD INSURANCE RATE MAP. COMMUNIT
THIS DATE THIS
NUMBER 370168 0040 D. DATED: 4-15-86. ACT AS DETERMINED BY DIE UNDERSIGNED ON
DETERMINATION OF SECTION 404 JURISDICTION MAY BE RELIED
?
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2. AREA- 4.42 AC.+
E
UPON FOR A PERIOD NOT TO EXCEED 5 YEARS FROM THIS DATE HUNTERS
-fA
\
= +.
THIS UETUMINADON WAS MADE UDUMNG THE 1987 CORPS OF BRAI®
3. RATIO OF PRECISION 1:10,000
ENGINEERS WETLAND DELINEATION MANUAL

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L9 N64* 5'32"W 48.28'
L10 N43'S2'04"W 36.38
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L13 536'35'23'E 32.56'
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wa J FENCE
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( I (D) DEED

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EXCLUSIVELY FOR
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TRACTS 1 AND 2
AS RECORDED IN DEED BOOK 2315, PAGE 165
+?j1111rrrrr OF THE NEW HANOVER COUNTY REGISTRY
x CARQ4 rA,? WILMINGTON TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINA
OP;??ssi• O'••;y SCALE 1' - 80' NOVEMBER 12, 2002 '
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DISCLOSURE FORM
???, CGS ?s?oa
To wHom mAY C
[fide, Mha and rsigno
as our agent in the p
within the 4 4g1
questions i regard
Managemcn Group,
ACERN:
hereby authorize Land Management Grow , inc.. to ad
=pamfion and representation of Informati n submitted
idtor GAMA appllcations and/or septic ?rrnits. All
to this application should be dins d to Land
? i
Sinc mly,
i
erfAppli n
Date
Z0/I0 3Obd 143VaS3ANI 6633 3dd3 ELOL16LOIG EV:ZZ V00Z/5T/80

,1llain Cytce:
yrile 'J5
_%fu rcy r' wnch r9ce Sat/.
3805 91'1 iY1113 Ville "r/Val tie
Wihaurglon, ?111'e'28403
TO: Mr. John Dorney
Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699
Yw16111rce max 2522
0)(itnujugfon, ?/Wfl Valiot?ta28402
Jelel haze: 910-452-0001
fiz?@,M?awajlch . ClIke:
o sEP 6 J6n.L 1120
2 9 2004 5 vicalan J'bed
?y?,, DENR.Wq ?Tlanlco, ,/11'6?2y95i
September 24, 2004 "'?wDSANDS QJAU7,f?,ione: 252-173-3400
VAY?o ft Q0
RE: 401 Water Quality Certification Application for the Center at College and Market
New Hanover County, NC
Dear John:
Enclosed are seven copies of a 401 Water Quality Certification application for your
review. This application is submitted on behalf of Cape Fear Investment and Development, Inc.
for a 27 acre tract located in north Wilmington. The applicant plans build a commercial complex
to serve the University area. Approximately 0.62 acre of wetlands will be impacted as a result of
this development. To offset these impacts, the applicant has requested to pay into the North
Carolina Ecosystem Enhancement Program.
The permit application form, associated maps, site plan, wetland delineation, and a project
narrative are enclosed for your review. The $200 application fee is also enclosed. Please contact
me if you have any questions or if an on-site visit is needed. Thank you for your assistance with
this project.
Sincerely,
ud
Environmental Technician
Cc: Ms. Noelle Lutheran, DWQ
Jeff Stokley
Encl.
Yaj2de/[/&nVm2"d (6fict/t/t, 4nw-
?iv?t%a???z?z? ?d?uszc??ii?
, WI611tce 66ox 2522
'Ilain c/?ce:
fink >5
_otmney Aanch G1?ce Ya2L-
3805 (I(t;yA Ale,4uenae
I)IiIninylon, ?IM28403
91W))I6iYI0)z, A,, ?a2afv?aa 28/02
Jekle ha)ze: 910-X52-000 §@@@g l/
@D
S EP 2 9 2004
11AMDSgr D STO%Q?rr.
September 27, 2004 BaMC8
Aanch G? ca:
9. 6 fox .1120
504 ?60ala)t Avel
a(anleo, ?IM27954
R1one:252-473-34100
TO: Jennifer Frye
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
RE: Wetlands evaluation for the Center at College and'Market Tract
New Hanover County, NC
Dear Ms. Frye:
1\
On September 27, 2004, I evaluated the Center at College and Market Tract for the
presence of 404 wetlands. This approximately 27-acre tract is located at the intersection of
College Road and Market Street in Wilmington, NC. Freshwater, non-isolated wetlands are
regulated by the U.S. Army Corps of Engineers and during this evaluation, I followed the Corps'
1987 wetlands manual, which defines 404 wetlands based on three characteristics: vegetation,
soils, and hydrology. Using their guidelines, I located 404 wetlands that have already been flagged
by our firm on the eastern part of the property. This wetland area is labeled on the wetland and
stormwater map included in this package. The Jurisdictional Determinations for the wetland area
is also included in this package. No other 404 wetlands were located on this tract of land. Most
of the tract has been developed. Vegetation on the upland portion of this tract consisted mainly of
loblolly pine trees. Soils are mapped as Baymeade fine sand and Murville by the Soil Conservation
Service. The wetland area was the only location containing a hydrological pattern on the tract. -
Thank you for allowing us to assist you with this project. Please let me know if I can be of
further assistance.
Si erely
G:
y ud
Environment echnician
Cc: John Domey, DWQ
Jeff Stokley

APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
Privacy Act Statement
Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting, navigable
waters of the United States, the discharge of dredged or fill material Into waters of the United States, and the transportation of dredged material for the
purpose of dumping it into ocean waters. Routing Uses: Information provided on this form will be used in evaluating this application for a permit.
Disclosure; Disclosure of requested Information is voluntary. If information Is not provided however, the permit application cannot be processed nor can a
permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and Instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity.
An application that is not completed In full will be returned
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 12. FIELD OFFICE CODE 13. DATE RECEIVED 14. DATE APPL. COMPLETE
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANT'S NAME 8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not
Cape Fear Investments required) Amy Luddy
& Development, LLC Environmental Technician
Land Management Group, Inc.
6. APPLICANT'S ADDRESS 9. AGENTS ADDRESS
1519 Jettys Reach Land Management Group, Inc.
Wilmington, NC 28409
P.O. Box 2522
Wilmington, N.C. 28402
7. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENTS PHONE NO. W/AREA CODE
a. Business 910-791-6652 910-452-0001
b. Fax Number 910-791-7073 910-452-0060 (fax)
11. STATEMENT OF AUTHORIZATION
I hereby authorize Land Management Group, Inc. to act in my behalf as my agent in the processing of this application and to fumish, upon request,
supplemental Information in support of this permit application. SEE ATTACHED FORM
APPLICANTS SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE-The Center at College and Market
13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable)
Tributary of Spring Branch
301 & 229 South College Road
15. LOCATION OF PROJECT Wilmington, NC 28405
New Hanover North Carolina
COUNTY STATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN
17. DIRECTIONS TO THE SITE
Highway 17 North (Market Street) from Downtown Wilmington. Turn right on College Road (Hwy
40) north exit. Make a U-turn at the light. Turn right on a dirt road after the pet store. Park under
the billboard and follow the cut path onto the site.
18. NATURE OF ACTIVITY (Description of project, include all features) - See Project Narrative
19. PROJECT PURPOSE (Describe the reason or purpose of the project) -See Project Narrative
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. REASON(S) FOR DISCHARGE - To bring proposed fill areas to grade with surrounding uplands for
proposed site development.
21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS - +/-200,000
cubic feet of sand will be used to fill the wetland area onsite.
22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED .62 acre
23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? NO IF YES, DESCRIBE THE COMPLETED WORK
24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, Etc., WHOSE PROPERTY ADJOINS THE WATERBODY
N/A
25. LIST OTHER CERTIFICATIONS OR APPROVALS/DENIALS RECEIVED FROM OTHER FEDERAL, STATE, OR LOCAL
AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION
AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information
in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am
acting as the duly authorized agent of the applicant.
20 Di
DATE
18. U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and
willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or
representations o r makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be
fined not more than $10,000 or imprisoned not more than five years or both.
PROJECT NARRATIVE
The Center at College and Market
South College Road
New Hanover County, NC
INTRODUCTION
The existing site for the Center at College at Market contains undeveloped
wooded land, commercial buildings and residential buildings in central New
Hanover County. The Center at College and Market site is about 27 acres of land
owned by Cape Fear Investments & Development, Inc. Cape Fear Investments
& Development desires to build a commercial center comprised of seven
commercial buildings and four parking lots. The project area is located within the
Cape Fear River Basin.
EXISTING CONDITIONS
The Center at College and Market tract is located in North Wilmington in New
Hanover County. Take Market Street Borth from Downtown Wilmington. Turn
right onto the exit for College Road (Hwy. 40) North. Make a U-turn at the 1 6t
light. Turn right onto a dirt road after the Pet Store and before the large billboard.
Park near the billboard and follow the cut Oath onto the property.
A site delineation of 404 wetlands was performed in 2003 and has been
approved by the COE. The site contains a total of .62 acre of 404 wetlands.
This wetland area was historically the headwater of an unnamed tributary of
Spring Branch. Historical wetland impacts(filled for a parking lot) have isolated
this .62 acre wetland area. The historical impacts occurred between 1959 and
1974 according to aerial photography from New Hanover County. This site
ultimately drains into Smith Creek via Spring Branch, which is located
approximately 3000 feet to the northwest of the subject site.
According to the New Hanover County Generalized Soil Survey the site is
predominately in a Baymeade fine sand. Baymeade soils are included in the
Kureb-Baymeade-Rimini soil association which includes excessively drained and
well drained soils that have a sand and fine sand surface layer. The subsoil is
comprised of sand, fine sandy loam, and loamy fine sand. The wetlands are
shown as a Murville soil on the soils map. This soil is characteristic of poorly
drained areas and typically many of these soil areas are considered 404
wetlands as regulated by the Army Corps of Engineers.
Surrounding land use currently consists of commercial properties and Market
Street (US Hwy 17) to the south. To the west is Lennon Drive and residential
property. College Road borders this property to the east. To the north is Hunters
Trail Road and commercial buildings. Land to the north of Hunters Trail is
currently vacant.
? n,F ? ,. ff f a b .... a 1 t 1 1 1 t ? ? _+?i b ?c
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SCALE 1" = 2.4 miles
SITE
The Center at Land Management Group, Inc.
College and Market Enviromnental Consultants
New Hanover County, NC Wilmington, N.C. Vicinity Map
01-O2-424P September, 2004
Site boundaries as shown are
approximate and not meant to
be absolute. Boundary information
taken from survey of site by Arnold Carson, PLS, PC

M
e 5'ry?.D
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The Center at Land Management Group, Inc.
College and Market EnviromncntatConsultants U.S.GrS. 7.5'
New Hanover County, NC W imington, N.C. Topographic Map
01 -02-424P September, 2004
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action Id. 200300558 County: New Hanover Quad: Wrightsville Beach
Notification of Jurisdictional Determination
Responsible Party: Cape Fear Investments and Development Agent: Land Management Group
Attn: Jeff Stokely Attn: Chip Jackson
Address: 1519 Jettys Reach Post Office Box 2522
Wilmington, NC 28409 Wilmington, NC 28402
Telephone: [phone] [phone]
Decimal Degrees: North: 34.25185560 West: 77.87276390
Size and Location of Property (waterbody, Highway nametnumber, town, etc.): Approximately 2.0 acres located at 209 North
College Road, west of North College Road, south of Hunter's Trail, in headwaters of an unnamed tributary to Spring Branch, north
of Wilmington, New Hanover County, North Carolina.
Basis of Determination: There are jurisdictional wetlands on the site described above (see attached wetland data sheets) that are
located in headwaters of an unnamed tributary to Spring Branch, a tributary to Smith Creek. This determination is based on
information submitted by Chip Jackson of Land Management Group on February 20, 2003 and a site visit by Angie Pennock on
February 20, 2003.
Indicate which of the following apply:
There are waters of the United States on the above described property;which we strongly suggest should be delineated and
surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make a final jurisdictional
determination on your property.
Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot
be accomplished in a timely manner. You may wish to employ a consultant to obtain a more timely delineation of the
wetlands. Once your consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate,
we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final
jurisdictional determination on your property without an approved survey.
X The wetlands on your land have been delineated, and the limits of Co=q jurisdiction have been explained to you,
Unless there is p hnnge in the law or our = ublii shed reo ulations, this determination may he relied upon for n
period not to exceed five years from the date of this no ifi ation!
There are no wetlands present on the above described property which are subject to the permit requirements of Section
404 of the Clean Water Act (33 USC 1344). Unless. there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
X The project is located in one-of the 20 Cnftstal Counties Yon should on ac the nearest State Off- of ronstal
Managementto determine their requirements.
Placement of dredged or fill material in wetlands on this property without a Department of the Army permit
is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311).-A permit is not required
for work on the property restricted entirely to existing high ground. If you have any questions regarding the
Corps of Engineers regulatory program, please contact Angie Pennock at [phone].
Property owner/Authorized Agent Signature Project Manager Signature
Date Mai 14, 2003 Expiration Date Mav_14, 2008
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM.
CESAW Form 566
U.S. ARMY CORPS OF ENGINEERS
. Wilmington District
Action Id. 200300324 County: New Hanover Quad: Wrightsville Beach
Notification of Jurisdictional Determination
Responsible Party: Cape Fear Investments and Development Agent: Land Management Group
Attn: Jeff Stokely Attn: Chip Jackson
Address: 1519 Jettys Reach Post Office Box 2522
Wilmington, NC 28409 Wilmington, NC 28402
Telephone: [phone] [phone]
Decimal Degrees: North: 34.25185560 West: 77.87276390
Size and Location of Property (waterbody, Highway name/number, town, etc.): Approximately 5.09 acres located at 229 and
301 South College Road, west of South College Road, south of Hunter's Trail, adjacent to and along an unnamed tributary to
Spring Branch, north of Wilmington, New Hanover County, North Carolina.
Basis of Determination: There are jurisdictional wetlands on the site described above (see attached wetland data sheets) that are
located adjacent to and along an unnamed tributary to Spring Branch, a tributary to Smith Creek. This determination is based on
information submitted by Chip. Jackson of Land Management Group on December 13, 2002 and a site visit by Angie Pennock on
December 13, 2002.
Indicate which of the following apply:
There are waters of the United States on the above described property which we strongly suggest should be delineated and
surveyed. The surveyed wetland lines must be verified by our staff.before the- Corps will=make a final jurisdictional
determination on your property.
Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot
be accomplished in a timely manlier. You may wish to employ a consultant to obtain a more timely delineation of the
wetlands. Once your consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate,
we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final
jurisdictional determination on your property without an approved survey.
X The wetlands on ynnr land have h pen d lin a d, and the limits of Corns iurisdiction have heeri explained to you,
Tlnless there is n ch?noe in the 1.g v or our nuhlished reb flations, this determinntinn may he relied u= on for a
period not to exceed five years from the date of this notification.
There are no wetlands .present on the above described property which are subject to the permit requirements of Section
404 of the Clean Water Act.(33 USC 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
X 4ee project is located in one of the 20 C onstnl Counties. Yn j shn uld contact h n area State Office of Coastal
11Tanagement to determine their requirements.
Placement of dredged or fill material in wetlands on this property without a Department of the Army permit
is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311), A permit is not required
for work on the property restricted entirely to ekisting high ground. If you have any questions regarding the
Corps of Engineers regulatory program, please contact Angie Pennock at [phone].
Property owner/Authorized Agent Signature
Project Manager Signature
nb,O -
,U?lr
Date • -Mq 142 2003 Expiration Date May 1.4,0
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM.
CESAwForm 566
NOTES: _
1 STHEFEDRAL EMERGENCY MANAGEMENT AGENCYS
FLOOD INSURANCE RATE MAP, COMMUNITY-PANEL
NUMBER 370168 0040 D, DATED: 4-15-86:
2. AREA 2.34 AC.t
3. RATIO OF PRECISION - 1:10,000 +.
4. UTILITY EASEMENTS - TEMPORARY AND PERMANENT
TO GTY OF WILMINGTON - RECORDED IN
DEED BOOK 3430, PAGE 350 DRIDGDR9
DEED BOOK 3438, PAGE 113 ROOK 2442. PAGC 229
DEED BOOK 3438, P GE 107
N10.02'25"W 152.08'
S10'06'27"E 170.01' N09'30'00"W 151.00'
1 O' INEA5EMENGT
TO U9 HWY 17 -
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COUPGC MARKET COMMERCIAL
MAP 1300K 34, PAGE 398
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CERTIFICATE OF THE U.S.' ARMY CORPS OF ENGINEERS:
j I THIS PLAT. IDENTIFIES AS WETLANDS ALL AREAS OF WETLANDS
REGULATED PURSUANT TO SECTION 404 OF THE CLEAN WATER
?ETERLIINA ONMIOF SEC110NE40UNDERSIGNED ON THIS DATE. 4 JURISDICTION S
ON MAY BE RELIED
°n UPON FOR A PERIOD NOT TO DGCEED 5 YEARS FROM THIS DATE.
THIS DETERMINATION WAS-MADE UTILIZING THE 1987 CORPS OF
ENGINEERS WETLAND DELINEATION MANUAL
a^ GN I DATE
d .I
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GOLDEN E ST
I BOOK 2315, PAGE 165
I
LINE TABLE
LINE DIRECTION LENGTH
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JURISDICTIONAL BOUNDARY MAP
EXCLUSIVELY FOR
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OF THAT TRACT OF LAND'
AS RECORDED IN DEED BOOK 1182, PAGE 1414
OF THE NEW HANOVER COUNTY REGISTRY

TOWNSHIP N HANOVER COUNTY NORTH CAROLINA
WILMINGTON
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.
MARCH 3, 2003
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FLOOD INSURANCE RATE MAP, COMMUNITY-PANEL REGULATED PURSUANT TO SECTION 404 OF THE CLEAN WATER
NUMBER 370166 0040 D. DATED: 4-15-66. ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE THIS
4.42 AC.f DETERMINATION OF SECTION 404 JURISCICTION MAY 6E RELIED
UPON FOR A PERIOD NOT 7D EXCEED 5 YEARS FROM INIS DAIS tur+TERS
OF PRECISION a 1:10,000 +. RAFE i t
THIS DETERMINATION WAS MADE UTILIZING THE 1967 CORPS OF T
ENGINEERS WETLAND DELINEATION MANUAL
1
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MEDIAN.
JURISDICTIONAL. E30UIVDARY MA
EXCLUSIVELY FOR
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TRACTS 1 AND 2
AS RECORDED IN DEED BOOK 2315, PAGE 165
CARIp ,• OF THE NEW HANOVER COUNTY REGISTRY
41. WILMINGTON TOWNSHIP NEW HANOVER COUN NOVEMBER 12A2002A
Q S5f 9 SCALE. 1' - 80'
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99' ., ti U ?'?Qy : WILMINGTON. NO 28401
[phone] aoo
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H13/23/2ad4 l:i_
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,M.WA c
A ENT DISCLOSURE FORM
TowHom mAY NCERN:
Flume, tho and 'fit'ted hereby authorize Land Marhagement Grou , inc., to ad
as our agent in the pamfion and repreWntagon of lnformafi n submMad
within the 4 401 dlor CAMAS applications andfor septic rmits. All
questions i regard to this applimffon should be di to Land
Managemen Group, Ina
aSii" cem* ty,
3?
Date
ZO/10 3E)Vd 1N3W1S3(1NI dt/33 3dVO
ELOL16LO16 Eti:TZ b00Z/5T/80
?2C????LCZ'G?f'/2? Zel Z? ??Lflt ?2? '72C.
&tvho)z))te)t1a1 ?d?uSu??a?z l
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villain Cgice:
Yff'le 15
!9?faRcy XIWICJG G1?m Yaz/
380591=ti'g116Villeav aIffe
Gllilzzi?z?lQ?z, ?'??28/03
TO: Mr. John Dorney
Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699
Jeterone: 9 JO-?52- 000
!lailch 'EP 2 !i'e2a1aJt 0 Sox 1-120
9 2004 Ybeel
September 24, 2004 ?117DrENR-WA alazrleo, ,/re27954
?A'VDS 0 AL17, Xone:252-/73-3/100
-' ""n:H
RE: 401 Water Quality Certification Application for the Center at College and Market
New Hanover County, NC ?•
Dear John:
Enclosed are seven copies of a 401 Water Quality Certification application for your
review. This application is submitted on behalf of Cape Fear Investment and Development, Inc.
for a 27 acre tract located in north Wilmington. The applicant plans build a commercial complex
to serve the University area. Approximately 0.62 acre of wetlands will be impacted as a result of
this development. To offset these impacts, the applicant has requested to pay into the North
Carolina Ecosystem Enhancement Program.
The permit application form, associated maps, site plan, wetland delineation, and a project
narrative are enclosed for your review. The $200 application fee is also enclosed. Please contact
me if you have any questions or if an on-site visit is needed. Thank you for your assistance with
this project.
ST"I cerely,
iud
Environmental Technician
Cc: Ms. Noelle Lutheran, DWQ
Jeff Stokley
gost (111tee fox 2522
()fihtirr'qtojt, eAAt (&?otina 28402
Encl.
Y,6tda&)zaye))wjd W0uufi, Jjw.
(9)tvA )ti)iei zlal Wd)z6ai&a)16
YodI611&e 6%x 2522
v'/ ai)L 'X/Ace:
alwle >5
?%(VJIeY Xtai2cl 1Ace Ya2Z-
3805 9l ig1I6VW1e avenue
?/IIV 28403
91'if, zi) uyfon, A41/a Vamlina 28402
Je?eilione: 910-/52-000 D @@@8?
?D
SEP 2 ? 004 ?2a?zc/t ?/l?l'cce:
d. rJ ax 1-120
DENR _ WgTE
OSMDSTD4A?8aW
September 27, 2004
504 (noa&)I Ace/
,Yank,, Ire27954
Acne: 252-473-3400
TO: Jennifer Frye
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
RE: Wetlands evaluation for the Center at College and Market Tract
New Hanover County, NC
Dear Ms. Frye:
On September 27, 2004, I evaluated the Center at College and Market Tract for the
presence of 404 wetlands. This approximately 27-acre tract is located at the intersection of
College Road and Market Street in Wilmington, NC. Freshwater, non-isolated wetlands are
regulated by the U. S. Army Corps of Engineers and during this evaluation, I followed the Corps'
1987 wetlands manual, which defines 404 wetlands based on three characteristics: vegetation,
soils, and hydrology. Using their guidelines, I located 404 wetlands that have already been flagged
by our firm on the eastern part of the property. This wetland area is labeled on the wetland and
stormwater map included in this package. The Jurisdictional Determinations for the wetland area
is also included in this package. No other 404 wetlands were located on this tract of land. Most
of the tract has been developed. Vegetation on the upland portion of this tract consisted mainly of
loblolly pine trees. Soils are mapped as Baymeade fine sand and Murville by the Soil Conservation
Service. The wetland area was the only location containing a hydrological pattern on the tract.
Thank you for allowing us to assist you with this project. Please let me know if I can be of
further assistance.
Si erely
y ud
Environmenta echnician
Cc: John Dorney, DWQ
Jeff Stokley

APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
Privacy Act Statement
Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting, navigable
waters of the United States, the discharge of dredged or fill material Into waters of the United States, and the transportation of dredged material for the
purpose of dumping it into ocean waters. Routing Uses: Information provided on this form will be used in evaluating this application for a permit.
Disclosure; Disclosure of requested Information Is voluntary. If information Is not provided however, the permit application cannot be processed nor can a
permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and Instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity.
An application that Is not completed in full will be returned
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPL. COMPLETE
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANT'S NAME 8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not
Cape Fear Investments required) Amy Luddy
& Development, LLC Environmental Technician
Land Management Group, Inc.
6. APPLICANT'S ADDRESS 9. AGENTS ADDRESS
1519 Jettys Reach Land Management Group, Inc.
Wilmington, NC 28409
P.O. Box 2522
Wilmington, N.C. 28402
7. APPLICANTS PHONE NOS. W/AREA CODE 10. AGENTS PHONE NO. W/AREA CODE
a. Business 910-791-6652 910-452-0001
b. Fax Number 910-791-7073 910-452-0060 (fax)
11
STATEMENT OF AUTHORIZATION
I hereby authorize Land Management Group, Inc. to act in my behalf as my agent in the processing of this application and to furnish, upon request,
supplemental Information in support of this permit application. SEE ATTACHED FORM
APPLICANTS SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE-The Center at College and Market
13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable)
Tributary of Spring Branch
301 & 229 South College Road
15. LOCATION OF PROJECT Wilmington, NC 28405
New Hanover North Carolina
COUNTY STATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN
17. DIRECTIONS TO THE SITE
Highway 17 North (Market Street) from Downtown Wilmington. Turn right on College Road (Hwy
40) north exit. Make a U-turn at the light. Turn right on a dirt road after the pet store. Park under
the billboard and follow the cut path onto the site.
18. NATURE OF ACTIVITY (Description of project, include all features) - See Project Narrative
19. PROJECT PURPOSE (Describe the reason or purpose of the project) -See Project Narrative
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. REASON(S) FOR DISCHARGE-To bring proposed fill areas to grade with surrounding uplands for
proposed site development.
21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS - +/-200,000
cubic feet of sand will be used to fill the wetland area onsite.
22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED .62 acre
23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? NO IF YES, DESCRIBE THE COMPLETED WORK
24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, Etc., WHOSE PROPERTY ADJOINS THE WATERBODY
N/A
25. LIST OTHER CERTIFICATIONS OR APPROVALS/DENIALS RECEIVED FE OM OTHER FEDERAL, STATE, OR LOCAL
AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION
AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information
in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am
acting as the duly authorized agent of the applicant
q12010i
DATE
18. U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and
willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or
representations o r makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be
fined not more than $10,000 or Imprisoned not more than five years or both.
PROJECT NARRATIVE
The Center at College and Market
South College Road
New Hanover County, NC
INTRODUCTION
The existing site for the Center at College at Market contains undeveloped
wooded land, commercial buildings and residential buildings in central New
Hanover County. The Center at College and Market site is about 27 acres of land
owned by Cape Fear Investments & Development, Inc. Cape Fear Investments
& Development desires to build a commercial center comprised of seven
commercial buildings and four parking lots. The project area is located within the
Cape Fear River Basin.
EXISTING CONDITIONS
The Center at College and Market tract is located in North Wilmington in New
Hanover County. Take Market Street Borth from Downtown Wilmington. Turn
right onto the exit for College Road (Hwy,. 40) North. Make a U-tum at the 1 d
light. Turn right onto a dirt road after thePet Store and before the large billboard.
Park near the billboard and follow the cut , path onto the property.
A site delineation of 404 wetlands was performed in 2003 and has been
approved by the COE. The site contains a total of .62 acre of 404 wetlands.
This wetland area was historically the headwater of an unnamed tributary of
Spring Branch. Historical wetland impacts(filled for a parking lot) have isolated
this .62 acre wetland area. The historical impacts occurred between 1959 and
1974 according to aerial photography from New Hanover County. This site
ultimately drains into Smith Creek via Spring Branch, which is located
approximately 3000 feet to the northwest of the subject site.
According to the New Hanover County Generalized Soil Survey the site is
predominately in a Baymeade fine sand. Baymeade soils are included in the
Kureb-Baymeade-Rimini soil association which includes excessively drained and
well drained soils that have a sand and fine sand surface layer. The subsoil is
comprised of sand, fine sandy loam, and loamy fine sand. The wetlands are
shown as a Murville soil on the soils map. This soil is characteristic of poorly
drained areas and typically many of these soil areas are considered 404
wetlands as regulated by the Army Corps of Engineers.
Surrounding land use currently consists of commercial properties and Market
Street (US Hwy 17) to the south. To the west is Lennon Drive and residential
property. College Road borders this property to the east. To the north is Hunters
Trail Road and commercial buildings. Land to the north of Hunters Trail is
currently vacant.

1 1
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SCALE 1" = 2.4 miles
SITE
The Center at Land Management Group, Inc.
College and Market Enviromnental consultants vicinity Map
New Hanover County, NC Wilmington, N.C.
01-02424P September, 2004
Site boundaries as shown are
approximate and not meant to
be absolute. Boundary information
taken from survey of site by Arnold Carson, PLS, PC

SCALE 1" =1000'
The Center at Land Management Group, Inc.
College and Market Environmental Consultants U.S.GS. 7.5'
New Hanover County, NC Wilmington, N.C. Topographic Map
o1-02-424P September, 2004
U.S. ARMY CORPS OF ENGINEERS
, Wilmington District
Action Id. 200300558
County: New Hanover
Quad: Wrightsville Beach
Notification of Jurisdictional Determination
Responsible Party: Cape Fear Investments and Development Agent: Land Management Group
Attn: Jeff Stokely Attn: Chip Jackson
Address: 1519 Jettys Reach Post Office Box 2522
Wilmington, NC 28409 Wilmington, NC 28402
Telephone: [phone] [phone]
Decimal Degrees: North: 34.25185560 West: 77.87276390
Size and Location of Property (waterbody, Highway nametnumber, town, etc.): Approximately 2.0 acres located at 209 North
College Road, west of North College Road, south of Hunter's Trail, in headwaters of an unnamed tributary to Spring Branch, north
of Wilmington, New Hanover County, North Carolina.
Basis of Determination: There are jurisdictional wetlands on the site described above (see attached wetland data sheets) that are
located in headwaters of an unnamed tributary to Spring Branch, a tributary to Smith Creek This determination is based on
information submitted by Chip Jackson of Land Management Group on February 20, 2003 and a site visit by Angie Pennock on
February 20, 2003. \
Indicate which of the following apply:
There are waters of the United States on the above described property which we strongly suggest should be delineated and
surveyed. The surveyed wetland lines must be verified by our staff befoie the Corps will make a final jurisdictional
determination on your property.
Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot
be accomplished in a timely manner. You may wish to employ a consultant to obtain a more timely delineation of the
wetlands. Once your consultant has flagged a wetland line on the property, Corps staff will review it, and, if it i§ accurate,
we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final
jurisdictional determination on your property without an approved survey.
X The wetlands on your land have been delineated, and the limits of C'.orpcJurisdiction hnv been explained to you.
Unless there is a change in the law or our published re Ala ions, this determination may he relied upon for n
period not to exceed five years from the date of this notification!
There are no wetlands present on the above described property which are subject to the permit requirements of Section
404 of the Clean Water Act (33 USC 1344). Unless.there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
X The eject is loented in one-of the 20 C'ehstal C'ountiec You should on net the nearest Sfnfe Off-ice of Co-ustal
Management to determine their req iir m n s.
Placement of dredged or fill material in wetlands on this property without a Department of the Army permit
is in most cases a violation of Section 301 of the Clean Water Act (33 USC 13 Tl).-A permit is not required
for work on the property restricted entirely to existing high ground. If you have any questions regarding the
Corps of Engineers regulatory program, please contact Angie Pennock at [phone].
Property owner/Authorized Agent Signature Project Manager Signature
Date Mav 14,2003 Expiration Date Mgy 14, 2008
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM.
CESAW Form 566
U.S. ARMY CORPS OF ENGINEERS
. Wilmington District
Action Id. 200300324 County: New Hanover Quad: Wrightsville Beach
Notification of Jurisdictional Determination
Responsible Party: Cape Fear Investments and Development Agent: Land Management Group
Attn: Jeff Stokely Attn: Chip Jackson
Address: 1519 Jettys Reach Post Office Box 2522
Wilmington, NC 28409 Wilmington, NC 28402
Telephone: [phone] [phone]
Decimal Degrees: North: 34.25185560 West: 77.87276391
Size and Location of Property (waterbody, Highway name/number, town, etc.): Approximately 5.09 acres located at 229 and
301 South College Road, west of South College Road, south of Hunter's Trail, adjacent to and along an unnamed tributary to
Spring Branch, north of Wilmington, New Hanover County, North Carolina.
Basis of Determination: There are jurisdictional wetlands on the site described above (see attached wetland data sheets) that are
located adjacent to and along an unnamed tributary to Spring Branch, a tributary to Smith Creek. This determination is based on
information submitted by Chip Jackson of Land Management Group on December 13, 2002 and a site visit by Angie Pennock on
December 13, 2002.
Indicate which of the following apply:
There are waters of the United States on the above described property which we strongly suggest should be delineated and
surveyed. The surveyed wetland lines must be verified by our staff before the- Corps will=make a final jurisdictional
determination on your property.
Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot
be accomplished in a timely manner. You may wish to employ a consultant to obtain a more timely delineation of the
wetlands. Once your consultant has flagged a wetland line on the property, Corps staff will review it; and, if it is accurate,
we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final
jurisdictional determination on your property without an approved survey.
X The wethnds nn your land h9vh been d lip a ed, and the limits of Corps jurisdiction hove h fi explained to you,
TJnI ss there is a home in the lnw or our published reZulatyinnc,fhis determination may he relied upon for a
period not to exceed five years from the date of his no ifi atio .
There are no wetlands.present on the above described property which are subject to the permit requirements of Section
404 of the Clean Water Act.(33 USC 1344). Unless there is a change in the law or our published regulations,. this
determination maybe relied upon for a period not to exceed five years from the date of this notification.
X 4n project is 1o ated in on of th 20 Coas n1 Co nli s You sho i1d contact the nearest State Office of Coastal
Managem n to d t rmin . heir re{lnirements.
Placement of dredged or fill material in wetlands on this property without a Department of the Army permit
is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311): A permit is not required
for work on the property restricted entirely to existing high ground. If you have any questions regarding the
Corps of Engineers regulatory program, please contact Angie Pennock at [phone].
Property owner/Authorized Agent Signature
Project Manager Signature
Date May 14, 2003 Expiration Date May 14r2008
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM.
CF.SAw Form 566
NOTES:S. _ .
1 THE EFEDERAL EMERGENCY MANAGEMENT AGENCYS
FLOOD INSURANCE RATE MAP, COMMUNITY-PANEL
NUMBER 370166 0040 D, DATED: 4-15-88:
2. AREA 2.34 AC.t
3. RATIO OF PRECISION - 1:10,000 +.
4, UTILITY EASEMENTS - TEMPORARY AND PERMANENT
TO CITY OF WILMINGTON - RECORDED IN
DEED BOOK 3430, PAGE 350 ORIDGEP9
DEED BOOK 3438, PAGE 113 BOOK 2442, PAGE 229
DEED BOOK 3438, P GE 107
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CERITICATE OF THE U.S'ARMY CORPS OF ENGINEERS:
THIS PLAT. [DOMES AS WETLANDS ALL AREAS OF WETLANDS
REGULATED PURSUANT TO SECTION 404 OF THE CLEAN WATER
ACT AS DETERMINED BY THE UNDERSIGNED ON THIS DATE THIS
DETERIIINATION OF SECIIM 404 JURISDICTION MAY BE RELIED
°n UPON FOR A PERIOD NOT TO EXCEED 5 YEARS FROM THIS DATE
THIS DETERMINATION WAS,MADE UTILIZING THE 1987 CORPS OF
ENGINEERS WETLAND DEUNEATION MANUAL
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LINE TABLE
LINE DIRECTION LENGTH
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??a1aa111111j? OF THE NEW HANOVER COUNTY REGISTRY
WILMINGTON TOWNSHIP N HANOVER COUNTY NORTH CAROLINA
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` OF THE NEW HANOVER COUNTY REGISTRY
WILMINGTON TOWNSHIP NEW HANOVER COUNTY NORTH CAROLINA

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A ENS' DISCLOSURE FORM
Uwe, the unct 'gno hmby authorize Land Management Grou , Inc., to act
as our agent in the *=Won and representation of infomnafi n submitted
whin the 4(W401 dtor LAMA aapllcations andlor septic permits. All
questions i regard. to this applimffon should be di d to Land
Managemen Group. !I r,
Sincerely,
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North Carolina Division of Water Quality
Date Type Reference
09/23/2004 Bill Permit Fee
9/23/2004
Original Amt. Balance Due Discount
200.00 200.00
Check Amount
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Payment
200.00
200.00
Coastal Federal Bank 401 Water Quality Certification Permit Fee 200.00