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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