HomeMy WebLinkAbout19970126 Ver 1_COMPLETE FILE_19970212State of North Carolina
Department of Environment,
Health and Natural Resources / •
Division of Water Quality
- W do
James B. Hunt, Jr., Governor dftV
Jonathan B. Howes, Secretary ED E H N F1
A. Preston Howard, Jr., P.E., Director
August 19, 1997
Mr. R. S. Spencer
P.O. Box 159
Englehard, NC 27824
Dear Mr. Spencer,
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed retail store and warehouse construction
WQC Project #970126, COE #199703667
Hyde County
Attached hereto is a copy of Certification No. 3150 issued to R.S. Spencer dated August 19,
1997.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
eston Howard . P.E.
Attachments O 970126.wgc
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
Joe Lassiter, Quible and Associates
Division of Water Duality • Environmental Sciences Branch
Enviro. Sciences Branch. 4401 Reedv Creek Rd.. Raleiah. NC 27607 Teleohone 919-733-1786 FAX # 733-9959
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 R. S. Spencer resulting in
1.3 acres of wetland impact in Hyde County pursuant to an application filed on the 13th day of
February, 1997 to construct a retail and warehouse facility on US 264 in Englehard, N.C.
The application provides adequate assurance that the discharge of fill material into the waters
of Pamlico Sound in conjunction with the proposed development 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 and
conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application,
as described in the Public Notice or as modified below. If you change your project, you must
notify us and you may be required to submit a revised application. If total wetland fills for this
project (now or in the future) exceed one acre, compensatory mitigation may be required as
described in 15A NCAC 2H.0506 (h) (6) and (7). For this approval to be valid, you must follow
the conditions listed below. In addition, you should get any other federal, state or local permits
before you go ahead with your project including (but not limited to) Sediment and Erosion
control, Coastal Stormwater, Non-discharge and Water Supply watershed regulations.
Condition(s) of Certification:
1. Appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" (available
from the Division of Land Resources in the DEHNR Regional or Central Offices) shall be
utilized to prevent exceedances of the appropriate turbidity water quality standard (50
NTUs in all fresh water streams and rivers not designated as trout waters; 25 NTUs in all
lakes and reservoirs, and all saltwater classes; and 10 NTUs in trout waters);
2. All sediment and erosion control measures placed in wetlands or waters shall be removed
and the natural grade restored after the Division of Land Resources has released the
project;
3. Should waste or borrow sites be located in wetlands, compensatory mitigation is
required since it is a direct impact from road construction activities;
4. Compensatory mitigation shall be done in accordance with the report dated 14 August
1997 prepared by your consultant, Mr. Joseph Lassiter of Quible Associates. DWQ shall
be copied on annual reports for the entire length of the monitoring period.
Violations of any condition herein set forth shall result in revocation of this Certification and
may result in criminal and/or civil penalties. This Certification shall become null and void unless
the above conditions are made conditions of the Federal 404 and/or coastal Area Management Act
Permit. This Certification shall expire upon expiration of the 404 or CAMA 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, P.O. Box 27447, Raleigh, N.C.
27611-7447. 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 19th day of August, 1997
DIVISION OF WATER QUALITY
ston Ho d, Jr E.
WQC #3150
State of North Carolina
Department of Environment,
Health and Natural Resources
Ja mes a Hunt, Jr., G ove mor
Jonathan a Howes, Secretary
Steven J. Levitas, Deputy Secretary
da z?
A 1 4"
;0jj- 0
-Soft
[D EHNR
Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:(919) 733-9959
FAX TO: ? /Qkw N-Q_?t 5c-- I FAX NUMBER: I
FROM:
PHONE:
NO. OF PAGES INCLUDING THIS SHEET: 47
U
Quible
Quible & Associates, P.C.
P.O. Drawer 870
ENGINEERS - ENVIRONMENTALISTS - PLANNERS Kitty Hawk, NC 27949
SINCE 1959 Phone: 919-261-3300
Fax: 919-261-1260
May 10
1997 F. Richard Qulble. P.E.. R.L.S.
, Joseph S. Lassiter, C.E.P.
Sean C. Boyle, P.E.
Eduardo J. Valdivieso, P.E.
Ms. Deborah Sawyer
NC Division of Water Quality
943 Washington Square
Washington, NC 27889
Re: R.S. Spencer - COE Individual Permit - Mitigation Plan
Dear Ms. Sawyer:
The purpose of this correspondence is for Quible and Associates, P.C. to provide you with additional
information concerning the proposed mitigation associated with the COE individual permit that was filed on
behalf of Mr. R.S. Spencer, Jr. in December 1996. I further reference the April 21, 1997 field inspection of
the project and mitigation site that you and I conducted. My response is based on our discussion of what you
would need to proceed with the 401 water quality certification.
Project Site - The proposed project is located in the Engelhard community adjacent to US 264 and
within approximately 350 feet (nearest point) of a blue-line stream on the opposite side the highway.
The proposed 1.3 acre wetlands fill area is part of an old homestead which has been used for row
crop cultivation and pasture by the Spencer family for over a century. The site has been lying fallow
for an extended period of time and is current covered with herbaceous vegetation dominated by
Spartina patens, Juncus roemarianus, Typha latifolia, Pinus taeda, Vulpia octoflora and some
Bacharris halimfolia and Myrica cerifera. The soils are described on the Hyde County Soil Survey as
Udorthents, loamy which is a general classification. I am attaching a photocopy of the soils and
quad maps for your information.
2. Mitigation Site- The proposed 2.23 acre mitigation site is located adjacent to SR 1101 within an
area of prior converted cropland also owned by Mr. Spencer. The location is indicated on the
enclosed quad maps. The site is in it's second year of regeneration with native species and it was
determined by Art Copolla of the Corps of Engineers (COE) that the current species composition,
along with blocking drainage ditches, represents a satisfactory mitigation effort. Plant coverage
within the mitigation area is near 100%. Dominate plant species include Juncus roemarianus,
Fimbristylis castenea, Typha latifolia and Spartina patens. Portions of the area (+/- 10%) has small
Myrica ceriferia and Baccharris halimfolia beginning to grow. The ditches within the mitigation
area have been blocked and water table is being maintained within the upper 12" of the soil profile a
majority of the time. Soils in the mitigation area are mapped as Hyde silt loam (see soils map).
Thank you for your attention to this additional information. Mr. Spencer has been working on obtain this
permit for over a year and the COE has concluded that the proposed mitigation is satisfactory. 401
certification is the only remaining approval required for the Corps to issue. His plans are to build the facility
in conjunction with construction of the Engelhard central waste water treatment system so construction of the
retail facility and warehouse is approximately 18 months away but he needs to get beyond this permitting
issue so that he can make detailed plans and establish a time line for the site. Your help in moving the
process forward is appreciated.
If you have questions or need additional information contact me at 919-261-3300.
Sincerely,
Quible and Associates, P.C.
assiter, CEP
,------Jo
cc: R.S. Spencer, Jr.
David Lekson
x3
v
A4L
' a '?_-•1eF . \? g?_11.FJL_ _--.`
3932 N.__-"_ ._-,y_ ,y._. _-?•- '..., .`\\\\.--_''w ??.4
-
660 000 - ,.4 p - - -
- - -
L
.L
FEET ",-_-,Ic- =1 r? -_, / ?sr- _ - t ei+ •'?` _ Iv _ - 'k 7
3 '' 11
I
3931
° . 15 -_ .4 - _ -
41-y
-
Q: 2
o Q j ' Enge: FA R CR' _ paybeacon
Ek.
re'. Q Y ,l3 • (E n' _ .%' _ lect Depth 7 Fee
5 264 3Q t ) /- -+w__ u = __---__- - /
Daybeacon --_
`/ • . °! ° 2 alight
1103 F _
.,. T
A/)'
3 - _ Ga?wo
Cr -7
f 1101 bt
?c Gib
7 Point
Gibbs (C)
76000, MIDDLETOWN 2.1 Ml. 411 2900000 FEET 412
57'30"
Mapped by the U. S. Coast and Geodetic Survey
?0 Edited and published by the Geological Survey
Control by NOS/NOAH (C), and USCE (E), and
North Carolina Geodetic Survey (N) M"
Culture and drainage in part compiled from c"
aerial photographs taken 1948
Topography by planetable surveys 1950. Field checked 1951
160 MI 0.33'
Hydrography from surveys dated 1875-1877 and supplementary 10 MILS
information
Polyconic projection. 10,000-foot grid ticks based on North Carolina
coordinate system. 1000-meter Universal Transverse Mercator
grid ticks, zone 18, shown in blue. 1927 North American Datum
To place on the predicted North American Datum 1983 move the UTM GRID AND 1993 MAGNETIC NORTH
projection lines 2 meters south and 30 meters west as DECLINATION AT CENTER OF SHEET
shown by dashed corner ticks
There may be private inholdings within the boundaries of the
National or State reservations shown on this map
Revisions shown in purple and woodland compiled by the
Geological Survey in cooperation with State North Carolina
agencies from aerial photographs taken 1980 and other sources
This information not field checked. Map edited 1983
•F
of ?l +
_ ( sw'
aP? 'sr ? d
J
/ ??Y(j(tl
_ 76
U. S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
COOVERAT;NG W TH
STATE AGRICULTURAL EXPERIMENT STATION
? .i
r lffy ? _
W `..t
44
fJ `
TN'
APPROX. SCALE (10
{t
/Quible
Quible & Assoclates, P.C. P.O. Drawer 870
ENGINEERS • ENVIRONMENTALISTS • PLANNERS Wity Hawk. NC 27949
Phone: 919-261-3300
SINCE 1959 Fax: 919-261-1260
1997
2
Jul F
y
, Joseph S. Lasstler. C.E.P.
Sean C. Boyle. P.E.
Eduardo J. Vckkvlmo. P.E.
Mr. Patrick H. McClain, P.E.
Assistant Regional Engineer
NC Division of Land Resources
Land Quality Section
943 Washington Square Mall
Washington, North Carolina 27889
Re: Erosion and Sedimentation Control Plan
Grading & Filling Activities
RS. Spencer, Jr. Retail Site
Engelhard, Hyde County, North Carolina
Dear Mr. McClain:
On behalf of R.S. Spencer, Jr., we hereby submit for your review and approval an Erosion and Sedimentation
Control Plan for earthwork activities associated with Mr. Spencer's future retail store development project.
The site is located adjacent to US 264 in the Town of Engelhard.
The current work scope consists of clearing, filling, and rough grading approximately two (2) acres of the
3.85 ac. site. A total of 1.3 ac. of the 2 ac. area is classified as USACOE Section 404 wetlands. A permit to
fill the wetlands will be issued by the Corps of Engineers. The purpose of this activity is to raise the elevation
of the property by 1.5 feet to facilitate future construction of a retail facility. As plans are finalized for
development of the retail facility, an amended Erosion Control Plan as well as a formal Stormwater
Management Plan will be submitted to your Division for review and approval.
The following items are included with and shall be considered part of this submittal package:
(1) One completed Financial Responsibility/Ownership Form.
(2) Plan review processing fee check for $50.00 made payable to NCDEHNR.
(3) Three copies of the Erosion & Sedimentation Control Plan.
Thank you for your attention to this project. If you have any questions or require additional information
please contact Joe Anlauf or myself at (919) 261-3300.
Sincerely,
QUIBLE and AS CIATES, P.C.
Eduardo J. V divie . P.E.
cc: R.S. Spencer, Jr.
William J. Moore, NC Water Quality Section
Joe Lassiter
u.o. Department or Agriculture
Soil Conservation Service
NONTECHNICAL SOILS DESCRIPTION REPORT
FOR DESCRIPTION CATEGORY - ALL
Survey Area- HYDE COUNTY, NORTH CAROLINA
Map
Symbol
Description
Page - 3
3/30/92
throughout. Permeability is very rapid and available
water capacity is very low. Shrink swell potential is
low. The seasonal high water table is from 0 to 1.0
feet below the surface during the months of January
through December.
14 FORK FINE SANDY LOAM, 0 TO 2 PERCENT SLOPES, RARELY
FLOODED This somewhat poorly drained soil is on
terraces and has formed in loamy marine sediments of
the lower Coastal Plain. The surface layer and the
subsoil are loamy or sandy. Permeability is moderate
to moderately rapid. Shrink swell potential is low.
Available water capacity is low. The seasonal high
water table is 1.0 to 2.0 feet below the surface during
the months of December through March.
21 NEWHAN SAND, 0 TO 10 PERCENT SLOPES, RARELY FLOODED
These deep, excessively drained soils are on beaches
and waterways of the Atlantic coast. They have formed
in sandy marine sediments. They have a sandy surface
layer and subsoil. Permeability is very rapid and
available water capacity is very low. Shrink swell
potential is low. The seasonal high water table is
greater than 6 feet below the surface.
22 NEWHAN-COROLLA COMPLEX, 0 TO 10 PERCENT SLOPES, RARELY
FLOODED This map unit consist of 50 to 60 percent
Newhan soils and 30 to 40 percent Corolla soils.
Newhan soils are deep and excessively drained and are
on beaches and waterways of the Atlantic coast. They
have formed in sandy marine sediments. They have a
sandy surface layer and subsoil. Permeability is very
rapid and available water capacity is very low. Shrink
swell potential is low. The seasonal high water table
is greater than 6 feet below the surface. Corolla
soils are moderately well to somewhat poorly drained
and are on coastal elevations of 5 feet or less. They
are sandy throughout. Permeability is very rapid and
available water capacity is low. Shrink swell
potential is low. The seasonal high water table is 1.5
to 3.0 feet below the surface during the months of
November through May.
25 BROOKMAN LOAM, 0 TO 2 PERCENT SLOPES, RARELY FLOODED
This very deep, very poorly drained soil is in
depressions and has formed in loamy Coastal Plain
u . J . vepax-anenti u.L esK=muul curs
Soil Conservation Service
NONTECHNICAL SOILS DESCRIPTION REPORT
FOR DESCRIPTION CATEGORY - ALL
Survey Area- HYDE COUNTY, NORTH CAROLINA
Page - 4
3/30/92
trap
Symbol
Description
-?? sediments. The surface layer is dark in color and is
loamy and the subsoil is clayey. Permeability is slow.
Available water capacity is high. Shrink-swell
potential is moderate. The seasonal high water table is
at the surface to 1.0 foot above to 0.5 feet below the
sruface during the months of November through May.
27 CONABY MUCK, 0 TO 2 PERCENT SLOPES, RARELY FLOODED This
very poorly drained soil is in the lower Coastal Plain.
It has a mucky surface layer and a loamy subsurface
and subsoil. It has a moderate available water
capacity and moderately rapid permeability. Shrink
swell potential is low. The seasonal high water table
ranges from 0 to 1.5 below the surface during the
months of December through May.
36 BACKBAY MUCKY PEAT, 0 TO 1 PERCENT SLOPES, FREQUENTLY
FLOODED This very poorly drained soil has formed in
herbaceous organic materials overlying loamy mineral
sediments on marshes. It has an organic surface layer
which is mucky peat or peat overlying loamy soil
materials. It has high available water capacity and
moderate permeability. Shrink swell potential is low
to moderate. The seasonal high water table ranges from
1.0 foot above or is at the surface during the months
of January through December.
37 DELCOMB MUCKY PEAT, 0 TO 1 PERCENT SLOPES, FREQUENTLY
FLOODED This level, very poorly drained soil has formed
in organic materials. It has a peat or muck surface
layer about 18 to 50 inches thick. The subsurface
layers are loamy. It has high available water capacity.
Permeability is rapid in the organic layers and
moderately slow in the mineral layers. Shrink swell
potential is low to moderate. The seasonal high water
table ranges from 1.0 foot above to 0.5 below the
surface during the months of January through December.
38 DOROVAN MUCK, 0 TO 2 PERCENT SLOPES, FREQUENTLY FLOODED
These are very poorly drained soils on floodplains.
They have formed in thick deposits of highly decomposed
organic materials. They consist of layers of muck
greater than 51 inches thick. Permeability is moderate.
Available water capacity is high to very high.
State of North Carolina
Department of Environment,
•
Health and Natural Resources 1
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary p E H N F1
A. Preston Howard, Jr., P.E., Director
March 12, 1997
Mr. R. S. Spencer
c/o Quible and Associates
P.O. Drawer 870
Kitty Hawk, NC 27949
Dear Mr. Spencer:
Re: Proposed land clearing of wetlands
Hyde County
WQC Project #970126, COE #199703667
On 12 February 1997 the Division of Water Quality (DWQ) was notified by receipt of
an individual permit application regarding your plan to fill 1.30 acres of wetlands for the
purpose of commercial development in Hyde County. Approval from DWQ is required to
disturb these wetlands. The maps in the Public Notice are not sufficient to locate the site
and proposed fill on the site and to locate the mitigation site. In addition a detailed
mitigation plan will need to be submitted for DWQ approval (see attachment). In particular
as described in 15A NCAC 2B .0502, we will require you to locate all streams and ponds
on the property. Please show these on maps of suitable scale (for instance 1" = 100 feet)
so we can begin to determine your projects' compliance with 15A NCAC 2H.0500. Until
these materials are received, we will place this project on hold and our time clock will not
be in effect until those materials are received. Finally, what plans are contemplated for
stormwater management at this site?
Please call me at 919-733-1786 if you have any questions or would require copies of
our rules or procedural materials.
Sincere ,
X11
hn R. Dorney
ater Quality C 'fic tion Program
cc: Washington DWQ Regional Office
Wilmington Corps of Engineers
Central Files
Art Coppola; Washington Field Office Corps of Engineers
Joe Lassiter, Quible and Associates
970126.app
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/101/6 post consumer paper
DEHNR Fax : 9199753716 Mar 5 '97 16:20 P.03/04
PRINT NAMM
, .q : p ]ESC WQ Sum
ENVIRONMENTAL SCIENCES BRANCH DATE:
WMT : '4PETJ APtn • STAFF REPORT AND RECOMKENDATIONS ?c v o
?i.EA,C'H XTLM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) 'Nasr??ivi?r?nr aMOE
P'ITTAME YR:
F.RUt7ECT ?F.E?
C0E '
97' PFRMrT NO, 0000126
R?,S SPENCER
.COM)jF.RCIAL FILL
19970'3667
COE
WARA
C'VLR° AND_SUB BASIN] : 030307
:5TF.?_C'?AS S : C
WL_IMPACT? : (YN
.:WL '.QUESTED : ?•C.
X-ITiGATI.ON? : Y/N
MI"!':E AT--I'o1V;RS r ZE :
COUNTY: HYDE
PERMITTYFE: IND
?BOT f
DATE_TP?CDA: 02112196
STR. INDIA N0: 29-70-M
WL_TYPE:
WI,_ACR E,ST? : Y/N
WATER ImpkcTE'D BY FILL? : YIN
MITIGATION-TYPE:
DID YOU REQUEST MORE YNFO?: Y/N
IS WETLAND RATING SHEET ATTACHED?: Y/N
MAR 0 4 1997
D. E. M.
IAE PpQJEGT CH1iNGES/CONDITIONS BEEN D'ISCUSSID WITH ApPLICAN'??
COMMENDATION (Circle One): ISSUE XsSUE/COND DENY !
RE % . it --7l--,- !7 ?
CASNTS
i ? ? /Wf?10nC
cc: ReglonaX Office
Central F31es
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
a
Action ID No. 199703667 February 13, 1997
4
PUBLIC NOTICE
MR. R.S. SPENCER, c/o QUIBLE & ASSOCIATES, P.O. BOX DRAWER 870,
KITTY HAWK, NORTH CAROLINA 27949, Telephone (919) 261-3300, has applied
for a Department of the Army (DA) permit TO DISCHARGE FILL MATERIAL INTO
1.30 ACRES OF DISTURBED SECTION 404 WETLANDS FOR THE PURPOSE OF
RAISING THE ELEVATION OF THE PROPERTY TO ALLOW FOR CONSTRUCTION
OF A RETAIL AND WAREHOUSE FACILITY LOCATED ON THE SOUTH SIDE OF
U.S. 264, IN THE TOWN OF ENGLEHARD, ADJACENT TO PAMLICO SOUND, IN
HYDE COUNTY, NORTH CAROLINA.
The following description of the work is taken from data provided by the applicant
and from observations made during a June 20, 1996, onsite inspection by a representative
of the Corps of Engineers. Plans submitted with the application show that the applicant
proposes to fill 1.30 acres of wetlands primarily vegetated with black needlerush, broadleaf
cattail, loblolly pine, and assorted wetland herbaceous undergrowth. The total fill area
will be approximately 630 feet long by 240 feet wide. Total fill within wetlands will equal
56,750 square feet (1.30 ac.). Proposed fill side slopes will be 4:1. The purpose of the
work is to create a building pad for the construction of a commercial retail and warehouse
facility. The applicant has offered a compensatory mitigation proposal to restore 2.23 acres
of prior converted cropland to wetlands. All proposed mitigation lies within the same
watershed as the above described work. Plans showing the work are included with this
public notice.
The applicant has determined that the proposed work is consistent with the North
Carolina Coastal Zone Management Plan and has submitted this 'determination to the
North Carolina Division of Coastal Management (NCDCM) for their review and
concurrence. 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 Environmental Management (NCDEM).
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).
-2-
c. The issuance of a permit under the North Carolina Coastal Area Management
Act (LAMA) 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 is 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 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 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 constitutes the extent of cultural resource investigations by the District Engineer,
and he is otherwise unaware of the presence of such resources. Presently, unknown
archaeological, 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 which the proposed activity may have on
4
-3-
the public interest requires a careful weighing of all those factors which become relevant
in each particular case. The benefits which reasonably may be expected to accrue from
the proposal must be balanced against its reasonably foreseeable detriments. The decision
whether to authorize a proposal, and if so the conditions under which it will be allowed to
occur, are therefore determined by the outcome of the general balancing process. That
decision should reflect the national concern for both protection and utilization of important
resources. All factors which may be relevant to the proposal must be considered including
the cumulative effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and
flood plain values (in accordance with 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 by such permit would not comply with the
Environmental Protection Agencies' 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 determines 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 in order to consider
and evaluate the impacts of this proposed activity. Any comments received will be
considered by the Corps of Engineers to determine 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 determine
the need for a public hearing and to determine the overall public interest of the proposed
activity.
Additional information regarding the Clean Water Act certification may be reviewed
at the offices of the Environmental Operations Section, North Carolina Division of Water
Quality (NCDWQ), Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies
of such materials will be furnished to any person requesting copies upon payment of
reproduction costs.
The North Carolina Division of Water Quality plans to take final action in the issuance
of the Clean Water Act Certification on or after March 7, 1997.
-4-
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), 4401 Reedy Creek Road, Raleigh, North Carolina 27607,
on or before March 3, 1997, Attn: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be
eceived in this office, Attention: Art Coppola, Washington Regulatory Field Office, Post
Office Box 1000, Washington, North Carolina 27889, until 3:30 p.m., March 14, 1997,
or telephone (919) 975-1616 extension 24.
-0
a
v
s
0
Q
ONj
UL AMU Ct Q
wm
ab
C? or?..
N DRIIQ[?f?A1'mt FARM
C't Ja -
emu...... .....,. ?.?..,
i
u
0
V
1
V'
IOy? _
OJ:
e 11
i
i?
n?
o?
.n
w
!e I
C:
O
O
t
1
I
I
I
1
LU
w
Q
2
C
CC
Q
z
.may
H
z
F-
m
3
a
J
w
F.
7
C
n.
L
O
?00
? rv I
l
d ?
N < y ?
N H p O ? rn
OOC F l0 cN N p a
OC C a 2 n
T
i cc z
v .? J `u 3
c n m
G O J ?
z ! !. ! _
U) i
0
T
J
d
1
l v l
l/ ?
l
-r tl
i ? 8
I
l
ll; l b
P
j z
-
3 O N m I O G
F
t W u ?
?
? O U O
? z co
.. co
? w p(
_ a
N 3 f
J
Q
yy
?
a
7
A V
>.
i re
w W !?
y IX
U)
IX
z 0 _
W
F ,
R O t
4
L) 10
O
O F C
cm a
T
Z C
G w G T .-i
G O ai U L N W?_
rL a y v ,? > y]
1 ._ 7C I x 2
O 1 J
s
In
a
IA
e
------ -- m.-?
Ti .
leyy? ` c
u W / r
oN
? h ? tt
M V
A
71
i
U
?..........
.??; .
00 z
r i? h t W
wW
a
7
N
z
O
O
m
6
O
Q
z
H
6
H
z
a
H
W
a
0
w
H
U
V:
'J
O
U O
z ac
- a
o w WM
vo? W
a U
In w
a N
- W
O [q
N O
01 F. m mON p -]
a o c rn z a
v. 0 x C
? C t- r
U 3
d L U1 fal yq
-ft
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BO 1890
WILMINGTON, NORTH CAROLINA 28402-1890
February 10, 1997
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199703667
RECEIVED
FE B 12 1997
ENV/RONMEN1gl SGIENf
9-7
Mr. John Dorney
North Carolina Division of Water Quality
- 4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Mr. Dorney:
Enclosed is the application of R. S. Spencer for Department of the Army (DA)
authorization and a State Water Quality Certification to fill approximately 1.30 acres of
wetlands to facilitate the construction of a commercial retail and warehouse facility located
on the south side of U.S. 264, adjacent to the Pamlico Sound, in Englehard, Hyde 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, and we have determined that a water quality certification is required under
the provisions of Section 401 of the same law. 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 April 11, 1997, the District
Engineer will deem that waiver has occurred.
Thank you for your time and cooperation. Questions or comments may be addressed to
Mr. Art Coppola, Washington Regulatory Field Office, telephone (919) 975-1616, extension
24.
Sincerely,
-VX4 1-. ah??
David M. Lekson, P.W.S.
Field Office Manager
Enclosure
I%
-2-
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
11ROM WASHINGTON 12.05.1996 12:02 P.04
mrrMA-A r run run um:r?nn r nWn m yr m rim: Anon m runmm i urwa MrrnV VItL Nth. U I 1 mPV Ua
_ 122 = 325) I Expires October 1996
Pubii epova rdng burden for this oalleadon of Information is satimatod to evwage ii hours per response, includng the time for nvW*ft Instructions,
searching existing data sources. gathering and maintaining the data needed, and complains and reviewing the colleadon of Information. Send
ununents regarding title Madan estimate or any other aspect of this collection of Information. Including suggestions for reducing this burden, to
Department of Defenee. Washington Headquarters Service Directorate of Information0peradons and Reports, 1218 Jefferson Davis Highway. Suits
1204. Arlington, VA 21202-43025 and to the Office of Management and Budget, Paperwork Reduction Pralm (071043003). Washington. DC
20503. Plesse DO NO RETURN your form to either of those addresses. Completed applications now be submitted to the Oludet Engineer having
jurisdiadon over the laoadon of the proposed scdvity.
PRIVACY ACT STATEMENT (C('?? O 3 (rFi Z
Authority: 33 U3C 401, Section 101 1413. Seotlon 404. Principal Purposec Those laws require permits authorizing aedvlties In. or affecting.
nevi9able waters of the United Stave, the dlsohvge of dredged or IM material Into waters of the United State. and the transportation of dredged
material for the purpose of dumping it Into ocean waters. Routine Uses: Information provided on this form will be used In evaluating the epp8eaaor
for a permit. Disclosure: Disclosure of requested I rformedon Is voluntary. If information is not provided, however. the permit application cammat b
processed nor can a pen-A 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 Isse sample drawings and InMeMonsl And be submitbd to the District Engineer having jurisdiction over the location of the proposed
activity. An sppgaadon that Is not complated In full wAN be returned.
MY
1. APPLICATION NO. 2. FIELD OFFICE CODE 73. DATE RECEIVED 4. DATE APPLICATION COMPL!!'
-AILLE
MUS W APPUCAAM
5. APPLICANT'S NAME 8. AUTHORIZED AMTS NAME AND TITLE aaswmmranernarnm
R. S. Spencer, Jr. Joe Lassiter, Quible and Associates, P.C.
6. APPLICANT'S ADDRESS 9. AGENT'$ ADDRESS
PO Box 159 PO Drawer 870
Engelhard, NC 27824 Kitty Hawk, NC 27949
E NOS, W ARE D 10 A N PHONE NOS. WAR
a. Residence 919-925-4591. a. Residence N/A
b. Business 919-925-9281 b. Business 919-261-3300
11. STATEMENT OF alljUgaIZATION
1 hereby authorize, Quible and Associates, P.C. to act In my behalf as my agent in the
furnish, upon request, supplemental nformation in support of this permit application, y processing of this application and t
APPLICANT'S SIGN RE DATE
R. S. Spencer, Jr.
NAM L AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE W. inswxomw
R. S. Spencer - Retail store and warehouse
13. NAME OF WATERBODY, IF KNOWN Olrppimrr6w 14. PROJECT STREET ADDRESS w.ppAYt er.?
N/A
N/A
15. LOCATION OF PROJECT
Hyde NC
AUNTY STATE.
19. OTHER LOCATION DESCRIPTIONS,. IF KNOWN, ?a. enrn,.cnb,,,q
village of Engelhard - Hwy. 264 west of Ethridge Oil rim Gas
17. DIRECTIONS TO THE SITE
See attached plats and vicinity maps
w rna,n W"b"kNbI Vn 1Z.e3.199b 1ZrtlZ V.d
18. Nature of Activity (Description of project, include all features)
(See attached narrative and plats)
19. Project Purpose fiD"Wft sr nsae a p„P ",(Nw J is W MW V*. l
New retail store and warehouse for R.S. Spencer, Inc.
USE BLOCKI 2n » cr1 DRL?Dt3ED ANOron mt r MAMAL IS TO W DIgCj aRGED
20. Reason(a)for Discharge
Raise site an average of 1.5' in elevation to facilitate construction of retail facilit,
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
Clean fill from an approved uplands source
add. ounace Area in Acres of Wetlands or Other Waters Filled rwrk w dswy
1.3
23. is Any Portion of the Work Already Complete? yes No % IF YES, DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here,
please attach a supplemental Ilst?.
1. Elgie Midgette, PO Box 9, Engelhard, NC 27824
2. Watson Heirs c/o Martelle Marshall Rt. 1, Box 44E, Engelhard, NC 27824
25. Ust of Other Certifications or Approvab/Denfala Received from other Fodoral, State or Local Agencies for Work Described In This Application
AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
None
'Would Include but Is not restricted to zoning, WHIM and flood plain permits
26. Application Is hereby made for a permh 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 undsrtaits the work described heroin or am acting as th
duly authorized nt of the appii
-14 IL L 7";.? 4-)Qv- 5'
-------
SIGNAT RE OF APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement In block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in arty manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsiflaa, conceals, or covers up any trick. scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not mom than 410,000 or imprisoned not more than five years or both.
•U,9.3Po:1 904a20-479/a2o t 8
MEMO
DATE:
SUBJECT:
0Ia?,?,de cc)
Jam L a s s?-i-e?'
C.
???? ???e eCDn
? S
From:
&4
'4
Z- /d
? Mnv »s
North Carolina Department of Environment,
Health, and Natural Resources g? Printed on Recycled Paper
DEHNR Fax:9199753716
MEMOUNDUM
Division of Water. Quality
Washington Regional Office
June 18, 1997
To: John Dorney
'Froan: Deborah Sawyer
Subject: Section 401 Certification. Review
R.S. Spencer
Hyde County
Jun 18 '97 15:31 P. 02104
VkA,
The above subject project was placed on hold on 3 May 1997 due to insufficient infaumtioit. The
information.Tequested is now complete. The attached mitigation plan was received by this office
on 6 June 1997. The following comments are off=4:
• A site, investigation was made oil 21 April 1997 of both the project site as well as the
proposed witigation site. The project site is approximately 1.3 acres. It is adjacent to a
ditch which flows under US 264 and into a perpendicular canal which is designated on the
USGS as a "blue- line" stream. The site is approximately 350 feet from the canal.
• '.rho proposed mitigation, site is 2.23 acres is size. It is located adjacent to SR 1101 within
an area of prior converted cropland. The area has revegetated to species dominated by
.A.uri4w rocmarianus, Fimbristylis castemea, Typha lat folic and SpaHtna paten- This
area was determined to not be within the Division of CoaRt Managements jurisdiction
however a Consistency Determination was required.
• The COE has determined that this mitigation proposal is acceptable and is awaiting the
401 Certification for final approval.
* The vegetationwhich has established in this area due to the blockage of the ditches is
representative of vegetation in the Engelhard area.
The Washington Regional Office is satisfied with the mitigation proposal for the impacts of this
pi,ujet.t. It is tho:rc omirentlation ofthis ofl a Lh8t the SeCtiff. 401 Crrtiticatian tae iSbuod. Thank
you.
DEHNR
Fax : 9199753716 Jun 18 '97 15:31 P. 01 /04
North Carolina
Department of
Environment, Health
Natural Resources
WASHINGTON REGIONAL OFFICE
943 WASHINGTON SQUARE. MALL
W9shimaton, N. C. 27889
SAX NUMBER
000
GATE:
Phone; 919-946-64$1
FAX: 919-975-3716
WhIber of pages (including cover page) S--.-_ -
C111iEr11't'S ??
,ate
?r
4
DEHNR Fax :9199753716 Jun 18 '97 15:31 P.03/04
1. 1
Gulble & Amoclates, R0,
WKi1NEERS . ENVN20NMEiJTAIU"TS • PIoNNerrs R.O. WOW U11)
SINCE 1959 MY
y Hawk, NC 27949
Phons: 910-2613300
tax: 9 19-261 0 260
May 10, 1997
F. Rkftird Who, P.R., 17.4.3
JOrvph S. Lanitar, C•6,a,
Sean C. BOVIO, P.E.
Ms, D. eborah Sawyer Eduardo J. WIvJtVIwu. P. f.
'
NC Division of Water Quality Ce1Vi:,o
R?
W7ts?iiN6aoN err=l
943 Washin0on Square r..r
Washington, NC 27889 JUN 0 6 1997
V. E, M.
Re: K.S. Spencer - COE Individual Permit - Mitigation Plan
Dear Ms. Sawyer:
The prirpose.ofthis 'correspondenco is for Quihle and Associates, P.C_ to provide you with additional
information concerning the proposed mitigation associated with the COE individual permit that was filed on
behalf of Mr, R.S_ SQe»cer, Jr. in December 1996, I further reference the April 21, 1997 field inspection of
the'project and mitigation site that you and I conducted. My response is based.on our discussion of what you
would need to proceed with the 401 water quality certification,
Project Site - The proposed projrrt is localcd ill the Engell1ard community acilacent to US 264 and
within approximately 350 feet (noaroa point) of a blue-lino stromn on the opposite side the highway.
The proposed 1.3 acre wetlands !Till area is part of an old homestead which has been used for row
crop cultivation and pasture by the Spencer family for aver a century. The site has heen lying, fnllow
for an extended period of time and is current covered with herbaceous vegetation dominated by
Spartttia patens, Juncus rocmarianus, Typha latifolia, Pinus Ueda, Vulpia octoflora and some
13acharris halimfolia old Myrica cerifera. The sails arc described on the Hyde County Soil Sulvcy as
Udorthents, loamy which is a general classification. I am attaching a photocopy of the soils and
quad reaps for your information.
2. Mitigation Situ Tho proposed 2,23 ncrv mitigation site is located adjacent to SR 1101 within an
area of prior converted cropland also owned by Mr. Spencor. Tho location is indicated on tho
enclosed quad maps. The site is in it's second year of regeneration with native species and it was
determined by Art Copolla of the Corps of Engincera (COO) that the ctnrant spaciag composition,
alung with blanking drainage ditches, represeat4 a satisfactory mitigation effort. Plant covorpgp
within. the Mitigation alga is !tear 100'/r. Dominate plant species include Juncus rocmnrianus,
Fimbris.tylis cas'tcnca, '1'ypha latifolia and Spartina patens. Portions of the area (+/- 101/16) has small
Myrica.ceriferia and Baccharris halimfolia beginning to grow, The ditches within the mitigation
area have been blocked and water table is being maintained within the upper 12" of the soil profile a
majority of the time. Soils in tho mitigation arcs arc mapped as Hyde silt loam (see soils map).
Thank you foryour attention to this additional information_ Mr. Spencer has been working, on ohlain IhiG
permit for aver It year and the COE has concluders that the proposed mitigation is satisfhelory. 401
certification is the only remaining approval required for the Corps to issue. His plans arc to build the facility
DFHNR Fax=91.99753716 Jun 18 '9r 15'32 P. 04104
in c*unction with OtNlattixtion of the Engelhard central wnatn warn tmatmeaat eymm no oonntruction of the
Mail l'ncirity and warehmisc is apprarimalFly 1 K months MAY but he -IN to gel Imynnd this pcimitting
issue so thht he can make dwailml plans and establish a time liras for the 91m. Yottr help in moving Ilia
prmacr forward I.N appreciated.
if ymi have questions er need sddi"141 iufurmni;on ermt. Wgx at 919.26 i-33()fl.
shxgdy,
Quiblo. and Associates, PIC,
(.--I% dsffltar, Cmlr
e0; Its. Spma', jr,
Oavid t.ckgm
'7i.ov r A41M TrOWA• 91
rU
Mapped by the U
Cnpst
d G
S
2kVcioo Fm 412 "-- 1o'
- ^ --
F7'3o
.
an
.
eMeic Survay
"V) Edited and published by the t3eolo
rcal s
4
g
urvey
?. antra by NO$1NOAn (0), and CIS E (E), and
`?`R»?f1' Nerkr;CMWkM'Cwodenr. $aryy (j?tj
NN ?,
CuRm enddniris la p0rt eantPirW from
swlsl P phi Im 1949 GN
reoet I"Vb r pl"UWe twrwys 195D, flNd meeksd 1951
PhOmrn surwri dstsd 1976-1877 Ind wppkmrmary
= I
+
llrl MI14I o•aa•_
IC NI
C tS
POIY iO IOledlnn. 1v WD of y,?d *ks h&Wd Qn North sapling
cosrd eyerr? 1,* Wflr unlw
61 Tranwwree memst
n i
l
77
w
kf t kI, to o
ihewn In b 9Z7 North American votum
o eon thr NoHlr Anisrle, n natum 1>l03 move na
agpsldscaM Ik1es: 2 hind au MAhn wvat rtI
IoM onm AM IM MAGNMI: rmerN
DMINArIeN AT G ult or turns
Shom
by d" MW
Hole
arm 411 PFIV Os inh?0Inp Within 110 hcundWMm at the
NNlatil 9104 1111-YN
4 shewn on thik map
ItfwzlQ u SM&A In MNDIe en? woodland m "94 by tho
fjaeY?eal Burr
i oo
oo
aarol
'
y
pp
po
rm with
41e yr Nurm Osrorlra
Gem aNia? vhatadi0ph
crss s talwn iD8{l and other murcm
IIAl
t
mma
lon not•n44d c hed. Mao c hnd 1983
I
?r
v.*!.
AUG-09-95 WED 11:20 AM USDA NRCS FAX NO. 9197902904 P.01
w
J
Q
h
M
? 4
e F
X
Z 4
}
C
a
k i
I
Latitude: 3527 Longitude: 0;
State FIPS /County (FIPS): 37095
Start yr. - 1933 End yr. - 1993
Temperatur e: 58 years availabI4
Precipitat
---------- ion:
-
----- 61 years
--------- available
-
Temperat ---------
ure
------ (Degrees
--------- F.)
--------
Month ------
avg - -------
avg -------
avg
daily daily
max min
----------
January -------
55.5 -- -------
34 .9 ---------
45.2
February 57.3 35.9 46.6
March 64.1 42.0 53.1
April 72.0 49.7 60.9
May 78.9 58.5 68.7
June 85.0 65.9 75.4
July 87.7 70.0 78.9
August 86.7 69-5 78.1
September 82.6 64.9 73.7
October 74.2 54.2 64.2
November 66.0 44.5 55.3
December
---------- 57.5
------
- 36.4
------- 46.9
-------
WETS Station : NEW HOLLAND, NC6135
---------- ------- -------
Annual ----- -----
---------- ------- -------
Average 72.3 52.2
-
Total « --- -----
GROWING SEASON DATES
1611 Elevation: 00
County Name: Hyde
out of 61 requested in this analysis
! out of 61 requested in this analysis
•--------------------------------------
Precipitation
(Inches)
--------------------------------------
30% chance avg
will have of avg
----------------- days total
avg less more w/.1 snow
than than or fall
more
--------------------------
4.00 2.88 4.73 7 0.6
3.81 2.83 4.47 7 0.8
3.73 2.67 4.41 6 0.1
3.24 2.21 3.87 5 0.0
3.90 2.53 4.69 6 0.0
4.82 3.06 5.82 6 010
6.57 4.43 7.85 9 0.0
6.25 4.05 7.51 8 0.0
5.37 2.93 6.55 5 0.0
3.76 1.89 4.68 4 0.0
3.50 2.18 4.23 5 0.0
3.63 2.03 4.42 6 0.4
-------- -------- -------- ---- -
------- -------- --------
------ 39.90
------- -------- --------
62.2 ------ ------
------- -------- --------
----- 52.58 ------
-------- ---- ------
55,25 -- ----
-------- ---- ------
-------- ---- ------
------ 74 2.0
Requested years of data: 61 Available years of data: 61
Years with missing data 24 deg = 23, 28 deg 22, 32 deg = 21
Years with no occurrence 24 deg = 01 28 deg = 0, 32 deg = 0
Data years used
-------------------------- 24 deg = 38, 28 deg
------------------ 39, 32 deg = 40
R -------------------
---------------------
Probability
---------------------
C,
Temperature
-- -----------------------
24 F or higher { 28 F or higher 32 F or higher
Beginning and Ending ?ates
Growing Season Length
" 50 percent * 2/19 to 12/15 3/11 to 11/26 3/27 to 11/14
300 days 260 days 231 days
70 percent * 2/10 to 12/23 3/ 4 to 12/ 3 3/22 to 11/20
317 days 273 days Z43 days
?' ---------------------------W------------------•-----------
* Percent chance of the growing season occurring between - ----------------
he Beginning
Q, and Ending dates.
5 Ie
FACSIMILE TRANSMITTAL HEAOEA SHEET
r- use at im Imm, aM M 29.11; VM mvpanwm p«yp to 0018Cd
COMMAND/ NAME! OFFICE LSPHONE FAX NO.
OFFICE OFFICE NO.
F'lrOM:• SYMBOL (A=VON/Camm.) tAUTOVON/Camm.l
WASHINGTON CE5AW-CO-RW
REGULATORY (919) 975-1616 (919) 975-1399
FIELD OFFICE
TO:
Tc?e'
CLASSIFICATION PRECEDENCE NO. PAGES DATE-TIMp MONTH YEAR RELEASER'S SIGNATURE
(Including this
Header)
REMARKS -{ ll?l-
S0408 Below For Communicsi ons Center Use Only
DA FORM 3918-8, JUL 90 DA FORM 3818-R, AUG 7Z IS OBSOLETE
lTbl?/
?c_' ks&us?.
?Z' ,? /t^??
VIN
DEVELOPMENT of A MITIGATION PLAN
GOALS: -Specific
-Attainable
-Measurable
-Meet Project Life Requirements
FUNCTION:' -Determine Target Functions (i.e. flood storage,
wildlife)
STRUCTURE: 1. Vegetation
-check reference ecosystem
-list plants to species
-utilize "locale propagules
-remember, you are dealing with living
tissue
2. Soils
-physical
chemical
-evaluation of the.scils will provide
valuable information regarding what is
possible for a given site
3. Hydrology
-develop model
-elevation key in most cases
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -• - - - - - - - - - - - - - - - 1 r
MAIN CAIIS$8 QF FAILURE
1. Elevation Incorrect
2. No Provision For Drainage
3. Erosion
a. Human Impacts
5. Herbivory/Noxious Plant Competition
Evaluate your mitigation plan with these factors in mind.
COMPENSATORY MITIGATION PLANNING
CHECKLIST
9/19/94
ACTION ID:
SITE NAME:?_R. S. Spencer Retail & Warehouse Site
LOCAT I ON/WATERBODY/ COUNTY: Proj ect site adjacent south side of US 264
in Eneelhard Hyde CountyNC• miti gation adjacent east side of SR 1101 in
_ Eneelhard,
USGS QUAD (S) :-Mid letown
SOIL SURVEY SHEET NOS .: K-4 Hyde County
PREPARED By:-Joe_Laspiter CET DATE 7/10197
------------------------------------------------------------
I. INTRODUCTION
A.. Type of Mitigation (Circle / A separate checklist may be
prepared if more than one type)
1. Restoration Creation
a. In-kind Out-of kind
b. On--site Off-site
2. Up-gzont Concurrent
Enhancement
Both
Roth
After-the-fact
Preservation
Bank
B. Wetland types and acreage Impacted /Attach or Describe:
Wetlands fill + 1.3 acres - wetlands mitigation 2.23 acres - both
harbaceous - see attached narrative.
C. Wetland types and acreage Mitigated / Attach or Describe:
The 2.23 acre mitigation is conversion of prior converted crop land.
D . Describe mitigation Ratios, 1.72 to 1
1
YES NO
E. Will any Endangered Species,
Archeological Resources, or Haz/.Tox
sites be impacted by this effort? x
F. Has a wetland determination been
undertaken and verified? x
II. TARGET GOALS AND FUNCTIONS
YES NO
A. Are there stated GOALS? x
Describe: Provid wetlands hyd o ogIy to organic soi 1 s and
maintain enhance coveraQ of ex' ino native wetland nlant species.
B. Describe Success criteria: Well established and stable
population of described local wetland plant specie s
YES NO
Are they: 1. Specific x
2. Measurable x
3. Attainable x
YES NO
C. Target FUNCTIONS chosen
and indicated? x
Describe: Maintain wetlands hydrology; maintain plant species
composition and density. Allow fo natural succession of native species
D. Was a Reference Ecosystem (RE) report YES NO
prepared? (Attach) x
1. Describe comparison between the RE and the
Mitigation Plan; N/A
2
n/.10.177( 1.3. J0
rzx. STRUCTURAL COMPONENT
A. VEGETATION:
YES NO
1. Are plantings listed to species? N/A NIA
2• Are "local" (200 Miles North/South)
propagules to be planted and
verified by a nursery certificate? x
3. Have diversity and densities of
species within the RE been
considered in the plan? x
4. Has consideration been given to
planting the interface between the
mitigation site and upland habitats
with suitable transition zone
species? x
5. Describe Quality Control during planting:
urrent exis n tive plant composition has been accepted as satisfactory
by Art Copolla of the COE.
B. SAILS:
YES NO
1. Have the soils been mapped? L-
2. Soils-Series/Texture: Brookman Loam er
-Suet K-4 Hyde County iSoi 1 &,rvev
YES NO
3. Fertility Sampling undertaken
in RE? (Attach Report) x
4. Fertility Sampling undertaken
on mitigation site? x
(Attach Report)
I . V
3
YES NO
5. Are fertility results within the
standards for the proposed
plantings? x
Describe Results / Amendments Required:
6. Are the soil types appropriate
for the target wetland? x
Describe:
7. If PC Farmland, has site been
evaluated for: YES NO
a. Plow pans x
b. Field crowns x
c. Herbicide carry-over x
d. Drainage system x
Describe:
C.
1. Were the principles of HGM or YES NO
other classification system
considered? x
Describe:
4
2. Describe the primary hydrologic input(s):
Rainfall with occasional flooding during storm events from Pamlico Sound
3. Was a Hydrology Model/water YES NO
Budget developed? x
a. Were low, average, and high
precipitation/water table/
flood conditions considered? x
Describe the Water Budget;- Field inspection of the
mite indicates deasonal high water table at +_ b".
4. Will the hydrologic regime
predicted by the Water.Budget
be appropriate for the target
wetland? N/A N/A
Describe:
5. Have Monitoring Wells/tide/
flood gauges been installed?
x
Describe:
NOTES:
5
IV. MONITORING
A. Name and number of person responsible for the success of
this project: Joseph S. Lassiter ( 919) 261-3300
YES NO
S. Is there a Monitoring Plan? x
Describe: Site will b monitored-for hydrology & survival
for t rs.
YES NO
C. As Built Report provided?
D. Procedure to account for beneficial
natural regeneration? X
Describe: -Natural regeneration has already occurred
sufficient to cover the-site.
V. CONSIDERATION OF CAUSES OF FAILURE
A. How does project rate regarding the following:
1. Elevation: Mitigation site is at elevation
of ± 2'.
YES NO N/A
a. Have Biological Bench=arks
been established?
b. Is there a Grading Plan? x
c. Is the grading plan specific? x
d. Is discing proposed after
grading and/or prior to
planting? x
6
2. Describe provisions for Drainage: Drainage
3. Describe Erosion Control Measures: Site is
---stabilized with vegetation. Topography is flat
4. Describe management of Hen Impacts: NIA
5. Describe management of Harbivory/Noxious Plants:_
--Maintain wetlands hvd ologv_
YES Nd
B. Are there Contingency Plans built
into the proposal to address these
factors? x
Describe when and how will these qq= cena es be
implemented:
y?/? y C owZY
NOTES&
7
VI. SITE MANAGMENT
A. Describe Final Disposition of the property: Because the
mitigation area has proven difficult to farm due to high water table natural
succession will be allowed to roceed.
B. Who Will manage' the site after the mitigation effort is
deemed a success? R. S. Spencer ( )
YES NO
C. Will wetland functions be impacted
by current or future land use
patterns? x
Describe:
D. Will this site have the opportunity
to function a? planned? x
Describe: Soils & hydrology are well suited for
wetlands species.
E. Describe how this project'ratee ecologically: It will
create adiacent_co_ntigious wetlands to replace degraded isolated wetlands
HIGHLIGHT AND ADDRZSS ALL PROBLEMS AND/OR INADEQUACIES WITH TEE
MITIGATION PLAN/SITE AS INDICATED BY THIS CHECKLIST.
8
3
t~: W ~ s e,'2z' E ~
h~ M
u~u ti 5~
30'16'E N 9.45 N 30'18'£ 3
~
i r N 19•µW
i ~ E '.t~ fi ~ r ~ ~7
SITE a 'i 1 vi
:Qa 1 N 79'44 W PATH y R N
~ 1 LOCA 1 ~
TOTAL PARCEI. OF ORWKWATER FARM ~ 1 m F. 1 AREA J9.98 AC. 4
VICINITY MAP '6 U
EXfSANG EIVCfLHARO WATER TANY! ~ KEY MAP
i ~ ~ 1 5a0' w
U
m N
M ~ 1
N i / ~
O / ` o ~ / . 1 Q 1 4=~~w
O / ~ i ~gk z W
W : C1 ~ S ~ / . ` a a p ~~z ~ p N ~ ~ U W d' Q.N W
~ W / 8z ~ ~ 1 Wd 0.'1- J
.i r W j W
~ ~ F < _ ~ Jf
/ • /1. N ~ / ~ lJ~ 1 _U' NQa4.°Q'.'4~Q~j rc~ woW°~ >F a , ~ 0 5
O p~ / Nom. o °a~o5<~°~ U ~ ~W F H5
/ ~ f j p-~~~~~_ .
~ i°~tt o~~ ~ a
1
1~
~ Z
~ ~ a..
~ i ~Q i O
dpi ea ~ - _ ~ 1
1 ~ t ~ Q 1
1 ~ 1 ~p Z /
~0 1
~ ~ ~ ~ ~ / ~ ~ Z
10 y° / ~ ~ 1 1 / / Vl
i / ~ W / . / ~
i~
i i ~ pry' G
i ~ 1 10
i . ~ ,B~yG / ~1lis /
1 ~ /
1~ ~
i1 1 i
ii'.
/ ~
/ _ r
i~t11QJ111CN AR£A ~ .
_ ~ , 97,178 sq.ft. (223 AC.) ' r
v s - a
$ f g7 _
. f 1 ~ ..F~`~ `d / y _ s
•Y r 7 ~ /
4 ~ / J x / nn~ I i3 l]..
Z ~ LEGEND: Y
O o
® / - W r f-
Q F- Z DITCH PLUG 3
~ ~ Q ~
. /
d ® MONITORING WELL LOCATION ~
_ / ~
r z Z ~ . ~
~ -
w ~ d w Z
D ~ ~ Z V °
V W
z z = ~
~.1.~ w
a , U
/ l.L ~ o. z o
O ~ g
O ~ ~
c~ o Z
,r 4 Z ~
~ . ~ O W Q N J
'S3 ,~~'SR U (1 V Y F Q ~
S z J
~ W W
~ Z °
Q
~ . ~.z
w
'
~ ~ 2
<I W
COMMISSION N0.
P9603h
DESIGNED BY
. . JSL
b 1~ DRAWN BY
Y• DSN
h, CHECKED BY
r ;'A JSl
Q Cb _ p ISSUE DATE
AUG, 13, 1997
GRAPHIC SCALE - ~o ~ w ~1. ~ W Z o
SHEET NO.
IN FEET
1 inch = 30 ft:.'
Z 4
Z
DRAM MG FILE: P96034 PLOT SCALE: 1'=50' OF 2 SHEETS
¢ P sus"'*~ ~ t ~"r~G ,~~C~ t ~ ~~"x ~y~ 2T ~;s`,` . xt ,~1e ,r . q t i ~M.. a4 `3 r e k~; r } .
, r .i, . ~ .P' rIk : S.s".:"': P F~ ~0"J`nn:~" ~~yy, `.~.'y.. ~ 41.x.. .t i `4,~ ea ..s ~ rh. ~ 7~t~' x s r~ in. 31 a~- ! d,r:d'. '4 ~ ~ ~ a P r x,$$ . . • , ~ e. ~ ~ , r.... i", e.!,.J' y. 1N I'!', ~ , 3. ~.q • k;; , yr: i; 6 . ,
" . . ~xx .,.n / , : V e, .r} ^ k.. M `!t! a y.A , . R"' e ..Et
ENGELHARD ~a
J~
LINE DIRECTION DISTANCE US
L1 N 68'57 09 W 19.80 L2 S 68'26 53 E 24.77 CONCEPTUAL STORMWATER PLAN NOTES: 264
L3 S 74'09 38 E 24.70' PROPOSED IMPERVIOUS AREA: 95,715 SQ. Ff,
L4 S 172414 W 15.50' VOLUME OF STORAGE REQUIRED: 7,976 CU. fT (CLASS SC WATERS - 1" OVER IMPERVIOUS SURFACI VIOUS SURFACES)
L5 S 30'0914 W 2.70 VOLUME OF STORAGE PROVIDED: 20,047 CU. FT. (2.51 TIMES WHAT IS REQUIRED) 7~ ~~~~uutueeR~
SITE ~ ,,P~~,
~,`,,~p.1. . ;1i0 ; Z
Q ~ ~ ~ -Q~~ 1-
U :In W - U NoD ~
y ~:~o
~~'r ,.„11,,,~~'PQ-~~. w
N Ir
~c ~ aosn+o aTa
t0~ 1DE °x"10 °R°~ N 35'03'57" E I I
732.21' r
N I 4 u+ I Z N OJ O JSI-
~ PROPOSED GRAVEt W ~ 4 w N o 3~ w I i ~ -mow CONSTRUCTION N ~ w'>~ Z o a o
..a " ;ate ~ a tt~' ENTRANCE/EIOT W, n~ a~ z~ O z o~ 0- o- U a ~ ~ a aaN- wz
, ~t ~ >r I < awO~~~~m
~ 2005 l.F. + ~ ~ ~u,, - F Y ^ y SIIT FENCE ~ r`~~' ' ~ ~ , C STORMWATER t rn wFwo~~ JV ~ R TI I 25' Q$ ~a~Na•cz~a ETEN ON AREA, 1' DEPTH t ` ~ ~Ns ~F3
STORMWATER ' VOL. = 1,714 CU. FT. - J , i ~ " a''oNgz~
+ RETENTION AREA ~ _ - - - U` O ~ 4. '-Q_o~J _ ~ G y < WpwOap~ O - 1 ~
-T- ' a DEPTH = 1 FOOT - - - - - N a ~z<zr wpl- o ~ ~a o~zdl-~ u ~ ow~Uiw~ .
~ - , 230 VOLUME = 6,693 CU. fT. ~ ~ .t N ' ~~=~~mc~n ~t ~ ° N~~ 3~z3
' 25' ~ ~ ~ =o ~ ooh ~ ~ ~ a v
~ , r
N
~ ~
Z ' 1~
0~ I i ~ ~W , ~ '
O r ~ ~ { I t '
J 1. t~ 1 I I I '
I I t ' I I t I ~ \ \
~ ~ ~ 1 1 1 t ,w
11 _ ~ 1 1 ~ vW. t 1 , 1 I 1 , ~
+ STORMWATER ~ I Y FUTURE I I 4 1 4 V, t 1 I I t ~ \ \ t O
RETENTION AREA p~ d ' ' ' ~ RETAIL 1 ~ r 1 1 ~ f 1
DEPTH = 1 FOOT ~ ~ 1 I ~ \ ~ Ir ~ ~ W
25~ ~ VOLUME = 2,555 CU. FT. I I FACILITY ~ r. ' I I t ~ tA. ~ ~ I I .O ~ \
1 ~ ~ ~ r tP. Os . . r I ~ I ~ r i ,
STORMWATER L~ ~
N ~ ~ ' RETENTION AREA L5 I I
1 I DEPTH = 1 FOOT I I ,
$ 29'0 YYVv VOLUME = 9065 CU. FT. ~ ' .I 1 I 1 I
189.59' I I, I , ,
~ ~ I I I 4/ 1 I 1~ 1 I I
' W 1 1 I I N
I I 1 ~ ~ Q 1 1 ~ Q
~ ~ I I 1 I I I w ~ ~ 0 -.y.._._ .._J
4. ~ rt' I I I I ~ Q i ~ ~ i ~ ~ Q
e • ` 230' _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ D l ~ i f
. _ , d,.
~ ~ ~ . ,s,
i 0 N ~
It ~ W S 3s'2T38• W ~ S 35'ST24" W a
N W t0 '"3 W ~ s ^zf,+~ „e~ 224.28' ~ 101.95' • u
f ,y v7 a z
rn p~ r ~ ry ~ O a .a. N a Y 3
~ CA ~ 1 ~ W
F~TUR~ .
PARKING ~ ~1/ Q ~/j~J Y ~I • z p
,.x y } , n
r ~ 45" W S 21b1 Q w U ~3
a
12 51 ~ ~~p
V ~ 2 a
S 30'06'15" W
106.35' a
a U M t~ W rI
V ~
a A. lw w z
a s a
i' 4 'w ~ t V~ t!}
Y O
. .'v~{ O ~hw
V ~ ~ ~
rL Z N d '
2 N • J to J
tr'"_ m-; ~h~ a .
1. DEVELOPER: R.S. SPENCER, JR. ~ ~ w a z
P.O. BOX 159 NOTE: THIS PLAN IS FOR STORMWATER MANAGEMENT PLANNING PURPOSES ASSOf 'OBEs ASSOCIATED WITH V
ENGELHARD, NC 27824 THE PERMITTING OF CLEARING, FILLING, AND ROUGH GRADING EARTHWORK ACTIVI~ WORK ACTIVITIES. IT IS ~ z
919 925-4591 N T ( ) 0 INTENDED FOR LAYOUT OR CONSTRUCTION OF BUILDING, PARKING OR STOR! A w IG OR STORMWATER BASINS. U •••r
2. OWNER: R.S. SPENCER JR. BEFORE CONSTRUCTION OF BUILDING, PARKING AND STORNWATER MANAGEMENT E iNAGEMENT BASINS, A Z w
' STORMWATER MANAGEMENT PLAN MUST BE SUBMITTED TO AND APPROVED BY TH P.O. BOX 159 OVED BY THE NCDEH&NR x
N HAR N 278 4 DIVISION OF WATER QUALITY. E GEL D, C 2 Z w
(919) 925-4591
3, ENGINEER: QUIBLE & ASSOCIATES, P.C. LEGEND
P.O. DRAWER 870 COMMISSION N0.
KITTY HAWK NC 27959 P96034
. 919 261-3300 ~ ~ ) , , _ . DESIGNED BY
r 4. RECORDED REFERENCE: D.B. 148 PGS. 387 & 654 vEw
5. PARCEL AREA: 3.98 AC.f . _ _ _ _ _ FUTURE SITE IMPROVEMENTS (TYP.) DRAWN BY
6. BOUNDARY INFORMATION TAKEN FROM PLAT PREPARED BY ALBEMARLE FOR INFORMATION PURPOSES ONLY VEW
. ~ I GRAPHIC SCALE SAND SERJ.CES, INC., 9. B. WHITE, R.L.S. CHECKED 8Y
t= ~o o ~o eo ~ PROPOSED DRAINAGE FLOW EJV
ISSUE DATE
_ 7/15/97
' ~ ~ IN FEET 1 inch = 30 ft
sxE~r No.
S
a
c~ DRAWING FILE: P9603402.DWG LO F 1 SHEETS
PLOT SCALE: 1"=30'
u e
AA.
I m as
F~ ~ I rt k..:
I
,
- -
_ . , _ L _ ,
ENGELHARD 0~ ti
J~
~°j
US 264 .
>>p
SITE
VICINITY MAP
Z O
Q
U
;4:. H
W
LINE DIRECTION DISTANCE U
L1 N 68'57 09 W 19.80
L2 S 68.26 53 E 24.77 L3 S 74'09 38 E 24.70
L4 S 17.2414 W 15.50 z
L5 S 30'0914 W 2.70 r ~w~w~~W
i ~ ~Wp3~m ~p 4W.Z NZ6Z~N
q N --U Z a, Wo
a~o~ NWm- s wk'w~o~N~~u
O~ wgz~a vi oWNap~§Q
_ < ~Nw~acn~zo ~ °z i<aoa°-~o~~
a< ~°z~za°wg~
7<NO5zd~5
o ~~m v+ ~m~a;jz3
F~ a d~
t0''N0E DAS1NG N 35'03'57' E I ~
732.21'
N
0~ W, I
.P 4! J ~ j
Nsasroe•E G R
N
1 ~1 N 1o~
' ~ ~
A ' ` ~ 1 r - ~ > ~ W
W, ~'r i N J ~ _
N 73'06'01' E 5A06 ~ 7 o
~ ' y' g
Z ~ k'
0~ , ~ 0~ , j. ~ ~w 1 ~ t
p i ~ ' ~
LP ~ ~ ~ J ~ ~ f z ~ ~
L Z GI' I a W
1 ~,j 1 W ? I ~ ` \ ~
~I r t ~ PROPOSED ~ , ~ a, t o ~ ~ ~
~n r
RETAIL ~ p ~ z
FACILITY `s.
a - n - ~ k~ ,
. ` 1 J F ~ + ~ ~
s ,r. ~ ~ N `
t Ji Z ~i.`6.
- ~F
9.59' . w - 1a ~ ,
N b'44'~9' E ~ ~ 17.Yi'
i ~ ~
~ ~ ~ W~ J Q ~ a.
N' ~ P Z w ran ~ U b - 3
~ Q ~ ~ ' + 4
m ~ v }I o ~ a
Z s ~s'zs' " ~ 2~.os Z a
J , ' w
~ O , ~ a Q•1 z S 36'27'38" W g
W V; , N W 4, W, ms ~ i ~ . S 35'57'24" W ~ a v, ~ 224.28' ~
4N i TOTAL AREA OF PARCEL 173,502 aq.ft. (3.98 AC.) 4 `~>ti 101.95' aj N ,n ti ~t
10TAL AREA OF N~TLANOS 58,758 sq,ft. (1.30 AC.) O ua M~' Y` W U w Cpl bN W N ~
TOTAL AREA OF B~JILDING 38,833 aq.ft. (0.89 AC.) N ~o r U /INO = Q
TOTAL AREA Of NtrTLANDS 56,758 .ft. 1.30 AC. 10 U W
TO BE FlLLED ~ ( ) u i ~ Q
PH T 59 417 .ft. L36 AC. ~ TOTAL AREA OF A~ Al sq ( ) z a N ~ 3
~ 18 ~ o
a~.~~~'~ ,45~ W ~ N
21ro1 5 51, ~ o 2 ~
?2 a ~ p ~ Z
`~•p6'15y W S 30 J a ~ N •
106.35' W .yd( N
• J N J <
d:. ~ w
Z O
~ ~ Z
W •
MJ W • W Z
Z W
{
T t`. COMMISSION N0.
3 ~ P96034
' DESIGNED BY
r` rn JSL
rn DRAWN BY
v t v ~ DSN
~ y CHECKED BY
ui JSl
ISSUE DATE
SC LE GRAPHIC A OCT. 28, 1996
_ s ~ w
SHEET N0.
IN FICET ) v
rn 1 inch = 30 ft. `L' n
u~
z
Q
1 DRAWING FILE: P96034 OF 2 SHEETS
PLOT SCALE: 1"=50'
r . a w.,_ .4 r.:
1: I~
j
~ , I