19970760 Ver 1_COMPLETE FILE_19970902

!EMORANDUM PRINT NAMES:
Reviewer.
rO: " JOHN DORNEY WQ SUPV.:
ENVIRONMENTAL SCIENCES BRANCH DATE: J!Z, 7f
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE)
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
PROJECT TYPE: PARKING LOT PERMIT TYPE: NW26
PERMIT YR: 97 PERMIT N0: 0000760 COUNTY: RICHMOND d
APPLICANT NAME: EDGAR SPARKS pry !??h `L'am
COE #: DOT #:
RCD_FROM _CDA: APP DATE_FRM_CDA: 09/02/97 ??
REG_OFFICE: FRO ?
DIVER AND SUB BASIN J: 030716 STR INDEX N0: 13-39-12-11
STREAM-CLASS: C
MITIGATION _SIZE: ? DID YOU REQUEST MORE INFO?: Y/ G?e
WL IMPACT? : Y N WL TYPE :
WL_REQUESTED: a ?3 WL_ACR_EST?: YC?% ?---
WL_SCOREM:eZ? WATER IMPACTED BY FILL?: Y
MITIGATION?: Y?T MITIGATION-TYPE: /l/k
IS WETLAND RATING SHEET ATTACHED?/??
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y
RECOMMENDATION (Circle One): ISSUE ISSUE/COND ENY
COMMENTS : ? P z' A' 4-a- ? ??vv,-ay') .
CC: Regional Office
Central Files
Of ---%
The proposed Ryan's Steak house parking lot sits on a cut-over and extremely disturbed site that
once had a stream on or adicacent to it (according to the Quad sheet). I don't know if it took
place during the break in the Tulloch rule, but the site is now bordered by a ditch which has been
dug quite recently (since the last growing season, and probably this summer). It appears to run
down the property line, assuming the property line is the edge ofthe blue area on Paul Farley's
map.' Given the size of the project and the question of stream location, it may be that we have no
choice but to approve the application. However, the application in item 8b says there will be
additional permit requests in the future. If this is the case, we should require the same of this guy
as we do of any other subdivision as far as delineating cumulative impacts. I found the flags in the
field, but could not locate an identifiable stream. The adjacent landowner had alsoclear-cut his
side of the wetland and had a bulldozer with a root rake out there "cleaning up" that part of the
site. I don't imagine he had any authorization from the Corps for this work, and much of it
looked like it could have been V&, although it was bone dry at the time. Estimate of his work was
1/s acre.
Given the prospects of future impacts, I can't recommend approval until these are identified.
Applicant should also be required to explain the details of the ditches as to when, why, etc. they
were dug.

Project N e ??G
County
Name of evaluator
Nearest Road
Area acres Wetland Width feet
Date
Wetland Location
on pond or lake
on perennial stream
'on intermittent stream
within interstream divide
other
Soil series
- predominantly organic - humus, muck,
or peat
predominantly mineral - non-sandy
predominantly sandy
Hydraulic factors
steer) topography
7 itched or channelized
total wetland width z 100 feet
Adjacent land use
(within 1/2 mile upstream, upslope, or radius)
!/forested/natural vegetation $'?° o
agriculture, urban/suburban L?_
impervious surface L%
Dogiinant v etation C?7 ?-
/7 (1) Ste- r3/??- ? ???1--?--
(2) ?J p
Flooding and wetness
semipermanently to permanently
flooded or inundated
seasonally flooded or inundated
m ermittanly flooded or temporary
surface water
no evidence of flooding or surface water
Wetland type (select one)*
• Bottomland hardwood for st Pine savanna
::?4eadwater forest Freshwater marsh
Swamp forest Bog/fen
Wet flat Ephemeral wetland
Pocosin Carolina Bay
Bog forest Other
*the rating system cannot be applied to salt or brackish marshes or stream channels
R Water storage
A Bank/Shoreline stabilization
T Pollutant removal
I Wildlife habitat
N Aquatic life value
G Recreation/Education
weight
00 =
4 a?:. • • yY {:: Wetland
x
. >..:. Rating
x 4.00 = << . ?;, ..:.
* x 5.00
OO -
X 2 n KIM x! < 00, .
.
x 4.00 =
d x 1.00 =
*Add 1 point if in sensitive watershed and >10% nonpoint disturbance within 1/2 mile upstream,
---------- upslon or radius
Land Management Group, Inc.
Environmental Consultants
MAILING ADDRESS: SHIPPING ADDRESS: TELEPHONE:
P.O. Box 2522 3805 WOuhtiMlle Ave., #14 office [phone]
Wilrtiington, N.C. 2$ 02 1NiI ' toh, N.C. 28403 fax [phone]
bATE SENT AND TIME. J O 31 /97
TO-. Johll parney cc• Edgar Spades
COIVIPANY '
FAX NUMBER! 0.733-9959
FROM: Pout Easy
Numberof-pages to fallaw. 1 2 3 4 5
comments;
John - I am writing regarding the Edgar Sparks permit (DWO Project. !9070760) that we
discussed earlier this week. 1 have advised Mr. Sparks of our conversation and
informed him that a stormwater plan would be necessary before the 401 oertification
can be issued. This is also to clarify our conversation where you stated that the 401
would be issued for this particular project if a stormwater pond were added. By this fax
I am also notifying yeu that Mr. Sparks does wish to further pursue;the project and
requests that you do not consider the application as withdrawn. Mr. Sparks will provide
you a copy of the restaurant stormwater plan. I apologize for faxing this but I did not
receive your letter until this week and wish for you to have the response within two
weeks.
Thanks for your help. Have a goad weekend.
P
T00M d ouo imaxaDvmx an"I 0900 956 OT6 YVd LVOT IM L6/TE/OT
State of North Carolina
Department of Environment, 01
Health and Natural Resources AT401i OW
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary C E H" F1
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Edgar Sparks
161 Sparks Drive
Rockingham, NC 28739-9103
Dear Mr. Sparks:
October 17, 1997
DWQ Project #970760
Richmond County {
FILE COPS
The Division of Water Quality has reviewed your plans for the discharge of fill material
into 0.53 acres of waters and/or wetlands located at Hwy 74 in Richmond County for
development of a Ryan's Steak House. Based on this review, we have identified significant
uses which would be removed by this project. These uses are water storage. Furthermore,
insufficient evidence is present in our files to conclude that your project must be built as
planned in waters and/or wetlands in accordance with 15A NCAC 2H .0506. Therefore, we
are moving toward denial of your 401 Certification as required by 15A NCAC 2H .0507(e)
and will place this project on hold as incomplete until we receive this additional information.
Until we receive additional information, we are requesting (by copy of this letter) that the U.S.
Army Corps of Engineers place your project on administrative hold.
Please provide us with information supporting your position that your project must be
constructed as planned and that you have no practicable alternative to placing fill in these
waters and/or wetlands. Specifically can you construct your commercial development on
one-third acre of wetlands or with a wet detention pond with the wetland fill as planned. A
stormwater pond would be required under 15A NCAC 2H .0506(c)(5)? Any documentation
such as maps and narrative that you can supply to address alternative designs for your project
may be helpful in our review of your 401 Certification.
Please respond within two weeks of the date of this letter by sending a copy of this
information to me and one copy to Ken Averitte at the Fayetteville Regional Office at
Wachovia Bldg., Suite 714, Fayetteville, NC 28301. If we do not hear from you in two weeks,
we will assume that you no longer want to pursue this project and we will consider the project
as withdrawn. I can be reached at 919-733-1786 if you have any questions.
R. Domey
r Quality C cation Program
cc: Fayetteville DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
Paul Farley; Land Management Group
970760nty
Division of Water Quality - Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 - Telephone [phone] - FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

DEM ID* CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT:
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1. NOTIFICATION TO THE CORPS OF ENGINEERS
2. APPLICATION FOR SECTION 401 CERTIFICATION
3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE
OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE
SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET).
PLEASE PRINT.
1. OWNERS NAME: Edgar H. Sparks
2. MAILING ADDRESS: 161 Sparks Drive
CITY: Rockingham, NC 28379-9103
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING
ADDRESS ABOVE): Hwy 74. Richmond County. NC - location map is included in package
TELEPHONE NUMBER (HOME): (WORK): 910-997-7540
4. IF APPLICABLE: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE
NUMBER: Paul Farlev or Craia Turner. c/o Land Manaaement Group, Inc. P.O. Box 2522, Wilminaton,
NC 28402
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Richmond. NEAREST TOWN OR CITY: Hamlet
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): The tract is located on Hwy 74.
east of SR 1641 between Rockingham and Hamlet in Richmond County. North Carolina. A location map is
included in oackaae
6. IMPACTED OR NEAREST STREAM/RIVER: South Prong of Failing Creek
RIVER BASIN: Yadkin River Basin
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH
QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR
WS-II)? YES o NO [x] IF YES, EXPLAIN: Class C waters per Ken Averitte of DWQ
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [x ]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? N/A
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [x] IF YES, PROVIDE ACTION ID NUMBER OF PREVIOUS PERMIT AND
ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES
e
7
(] NO [x ] IF YES, DESCRIBE ANTICIPATED WORK: None in this subdivision phase
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 2.1 acres
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.75
acres
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0.53
FLOODING:
DRAINAGE:
OTHER:
TOTAL ACRES TO BE IMPACTED: 0.53
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): N/A
LENGTH BEFORE: FT. AFTER: FT.
WIDTH BEFORE (based on normal high water contours): FT.
AVERAGE DEPTH BEFORE: FT. AFTER: FT.
(2) STREAM CHANNEL IMPACT WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACHED PLANS: 81/2" X 11" DRAWINGS ONLY):
Fill is needed to complete parldng area for the proposed Ryans Familh Steak House. Work will be completed
to acceptable engineering standards.
13. PURPOSE OF PROPOSED WORK:
To complete parking neccesary for resturant of this size
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
Parking is necessary for a resturant of this size per county regulations. Tract boundaries prohibit project
completion without wetland fil. 159 regular and sic handicapped parking spaces are necessary for the resturant
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR
NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING THE
PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR
THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. DATE CONTACTED: no longer mail applications to F&WS per their instructions.
Mailed application to NMFW on September 2. 1997
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO)
(SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE
PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. Mailed application 9/2/97
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC
(STATE) LAND?
YES [ ] NO [x] (IF NO, GO TO 18)
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS
ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,29 AND 38). ALL STREAMS
(INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES
SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Commercial
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
county sewer
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL
MANAGEMENT (WATER QUALITY) CERTIFICATION, AND,
3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA
DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE
NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. lo7 t?
i
OWNER'S/AGENT'S SIGNATURE
02
DATE
Paul M. Farley
Land Management Group, Inc.

M

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Not to Scale
Edgar Sparks
Ryans Family Steak House
Richmond County, NC
LAND MANAGEMENT
GROUP, INC
August 25, 1997
NWP 26 Request
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DATA FORM
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ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Page 1 of 2
t
Project/Site: Edgar Sparks Tract Date: 8/29/977/28/97
Applicant/Owner. Edgar Sparks County: Richmnod
Investigator: Craig Turner State: North Carolina
Do Normal Circumstances exist on the site? i?43 Community ID: wetland
Is the site sign?cantly disturbed (Atypical Situation)? Transect ID:
Is the area a potential Problem Area? Plot ID:
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
Uriodenderon tulipifera Tree FAC 9. Woodwardia virginica Herb OBL
Nyssa sy/vaUca Tree FACW 10.
Acer rubrum Tree FAC 11.
Acerrubrum Shrub FAC 12.
Pinus serotina Tree FACW 13.
Pinus sero6na Shrub FACW 14.
Aroma arbutifo/ia Shrub FACW 15.
Rubus cuneifolia Shrub FACU 16.
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC.) 89%
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Recorded Data (Describe in Remarks): Primary Indicators
-Stream, Lake, or Tide Gauge _ Inundated
Aerial Photographs x Saturated in Upper 12 Inches
Other _ Water Marks
_
x No Recorded Data Available _ Drift Lines
Sediment Deposits
_ Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
_ Oxidized Root Channels in Upper 12 inches
Depth of Surface Water: (in.) Water-Stained Leaves
_ Local Soil Survey Data
Depth to Free Water in Pit: >12 (in.) FAC-Neutral Test.
-Other (Explain in Remarks)
Depth to Saturated Soil: >12 (in.) _
Remarks.
meets hydrology criterion
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OEM ID- CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #):
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1. NOTIFICATION TO THE CORPS OF ENGINEERS
2. APPLICATION FOR SECTION 401 CERTIFICATION
3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE
OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD BE
SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET).
PLEASE PRINT.
1. OWNERS NAME: Edgar H. Sparks
2. MAILING ADDRESS: 161 Sparks Drive
CITY: Rockingham. NC 28379-9103
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING
ADDRESS ABOVE): Hwy 74. Richmond County. NC - location map is included in package
TELEPHONE NUMBER (HOME): (WORK): 910-997-7540
4. IF APPLICABLE: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE
NUMBER: Paul Farley or Craig _Turner, c/o Land Management Group, Inc. P.O. Box 2522, Wilmington,
NC 28402
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Richmond NEAREST TOWN OR CITY: Hamlet
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): The tract is located on Hwy 74,
east of SR 1641 between Rockingham and Hamlet in Richmond County, North Carolina. A location map is
included in package
6. IMPACTED OR NEAREST STREAM/RIVER: South Prong of Falling Creek
RIVER BASIN: Yadkin River Basin
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH
QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR
WS-II)? YES o NO [x] IF YES, EXPLAIN: Class C waters per Ken Averitte of DWQ
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [x ]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? N/A
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [x] IF YES, PROVIDE ACTION ID NUMBER OF PREVIOUS PERMIT AND
ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES
I t' t
[ ] NO [x ] IF YES, DESCRIBE ANTICIPATED WORK: None in this subdivision phase
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 2.1 acres
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 0.75
acres
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0.53
FLOODING:
DRAINAGE:
OTHER:
TOTAL ACRES TO BE IMPACTED: 0.53
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION): N/A
LENGTH BEFORE: FT. AFTER: FT.
WIDTH BEFORE (based on normal high water contours): FT.
AVERAGE DEPTH BEFORE: FT. AFTER: FT.
(2) STREAM CHANNEL IMPACT WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACHED PLANS: 81/2"X 11" DRAWINGS ONLY):
Fill is needed to complete parking area for the proposed Ryans Famility Steak House. Work will be completed
to acceptable engineering standards.
13. PURPOSE OF PROPOSED WORK:
To complete parking neccesary for resturant of this size
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
Parking is necessary for a resturant of this size per county regulations. Tract boundaries prohibit project
completion withoutwetiand fil. 159 regular and sic handicapped parking spaces are necessary for the resturant
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR
NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) REGARDING THE
PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR
THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. DATE CONTACTED: no longer mail applications to F&WS per their instructions.
Mailed application to NMFW on September 2. 1997
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO)
(SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE
PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. Mailed application 9/2/97
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC
(STATE) LAND?
YES [ ] NO [x] (IF NO, GO TO 18)
t • t ,
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND PONDS
ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,29 AND 38). ALL STREAMS
(INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP. MAP SCALES
SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Commercial
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
county sewer
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL
MANAGEMENT (WATER QUALITY) CERTIFICATION, AND,
3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA
DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH THE
NORTH CAROLINA COASTAL MANAGEMENT PROGRAM. //7ht?
p.'0 // ?'
OWNER'S/AGENT'S SIGNATURE
DATE
Paul M. Farley
Land Management Group, Inc.
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Site
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Not to Scale
Edgar Sparks
Ryans Family Steak House
Richmond County, NC
LAND MANAGEMENT
GROUP, INC
August 25, 1997
NWP 26 Request
Vicinity Map
ockinghom Rd.
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DATA FORM
,.NROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)

Project/Site: Edgar Sparks Tract
Applicant/Owner: Edgar Sparks
Investigator: Craig Turner
o Normal Circumstances exist on the site? Yes o
the site significantly disturbed (Atypical Situation)? Yes
the area a potential Problem Area? Yes o
needed, explain on reverse.)
VEGETATION
1 of 2
Date: 829/977/28/97
County: Richmnod
State: North Carolina
Community ID: wetland
Transect ID:
Plot ID:
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
Linodenderon tulipifera Tree FAC 9. Woodwardia virginica Herb OBL
Nyssa sylvatica Tree FACW 10.
Acer rubrum Tree FAC 11.
Acerrubrum Shrub FAC 12.
Pinus serotina Tree FACW 13.
Pinus serotina Shrub FACW 14.
Aroma arbutifolia Shrub FACW 15.
Rubus cuneifolia Shrub FACU 16.
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC.) 89%
Remarks:
1HYDROLOGY
Wetland Hydrology Indicators:
Recorded Data (Describe in Remarks): Primary Indicators
-Stream, Lake, or Tide Gauge Inundated
Aerial Photographs x Saturated in Upper 12 Inches
Other Water Marks
_
x No Recorded Data Available _ Drift Lines
Sediment Deposits
_ Drainage Patterns in Wetlands
Field Observations: Secondary Indicators (2 or more required):
Oxidized Root Channels in Upper 12 inches
Depth of Surface Water: (in.) Water-Stained Leaves
_ Local Soil Survey Data
Depth to Free Water in Pit: >12 (in.) _ FAC-Neutral Test
_Other (Explain in Remarks)
Depth to Saturated Soil: >12 (in.)
Remarks:
meets hydrology criterion
jp , Crlll R PrniPnt/GitP- Prinnr Annrim Tract Pana 7 of 7
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Map Unit Name
(Series and Phase): Bibb Drainage Class:
Field Observations
Taxonomy (Subgroup): Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) Abundance/Contrast Structure etc.
0-8 A very dark gray sand loam
8-14 BG dark gray sand clay loam
14-24 BTG gray sand clay loam
Hydric Soil Indicators:
_ Histosol Concretions
_ Histic Epipedon -High Organic Content in Surface Layer in Sandy Soils
_ Sulfidic Odor -Organic Streaking in Sandy Soils
_ Aquic Moisture Regime -Listed on Local Hydric Soils List
- Reducing Conditions _ Listed on National Hydric Soils List
x Gleyed or Low-Chroma Colors -Other (Explain in Remarks)
Remarks: Soil scientist license #1091
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Ye No (Circle) (Circle)
Wetland Hydrology Present? No
Hydric Soils Present? es No Is this Sampling Point Within a Wetl c Yes No
Remarks:
Wetland/upland boundary is flagged with pinkiblack ribbons
Mr. Edgar Sparks
161 Sparks Drive Land Management Group, Inc.
Rockingham NC 28379 Post Office Box 2522
Wilmington, N.C 28402
910-452-0001
SENT BY:Wilmington District ;10- 1-97 ; 8.20 USACE-Reg, Branch-4 919 739 99594 1
PRE-CONSTRICTION NOTIFICAT=,„ PCN)
NATIONWIDE 26
TO. NATIONAL MARINE FISHERIES/BEAUFORT, NC
FISH & WILDLIFE SERVICE/RALEIGH, NC
NC DIVISION OF WATER QUALITY/RALEIGH, NC
EPA/ATLANTA, GA
STATE RISTORIC PRESERVATION OF'F'ICE/RALEIGH, NC
1. ACTION ID, 199900007
2.• APPLICANT; MR. 8D9AR_6PARKS
3. DATE OF TRANSMITTAL: OCT 1. 1997
4. PESPONSE DEADLINE 00T..101 1997
5. COMMENT DEADLINE (10 days from response deadline);
6. SEND COMMENTS TO WILMINGTON DISTRICT CORPS OF ENGINEERS.
,WILMINGTON REGULATORY FIELD OPPICE
ATTN., ALLEN DAIVS [phone]
FAX NO, (910) g51-4025
NUMBER OF PAGES, INCLUDING THIS SHEET: 8

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RUG-25-97 09:50 AM EDGAR SPARKS

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910+997+7540
P. 01
LETTER OF AUTHORIZATION S?cFy
4- 7j
.9
Date: l.9
Tn WHOM IT MAY CCNCER? yes
UWe do hereby authorize
Land hanagement Group; Inc, to act as my/our agents (s) in the delineation of
404/CAMA wetlands and In requested permit work on my/our property known as
"
1Eca1, „r Sr?e.r ks 17% IWated
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in County, N.C. Land Management Group, inc.
should be contacted when questions arias regarding the wetland delineation activity
and/or permit applications on the above property.
Sincerely,
owner rmlttes, and or pti ee)
i
too CE Jft tl 19MOVWX 9NVI 0900 W Oi8 JYJ 4C:60 \oR 16: sz. RC

At CIAM 2522
c?iriun?tan, ./?stfla %t k'. 2840,2
3d' . 9Y0-452-000Y
920&& Y .&6
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September 2, 1997
Mr. John Dorney
Division of Water Quality
NC Dept. of EH&NR
44401 Reedy Creek Road
Raleigh NC, 27607
Dear John:
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90-,,1YA,, dfr- 91-A
3805 *'k4& tW& .Wven"
)(1d6 1Y&a, ?bf8 2W3
Enclosed you will find a Nationwide 26 permit application by Mr. Edgar Sparks. The application
proposes to fill -0.53 acres of wetlands in Richmond County, NC for the completion of parking
area for a proposed Ryans Family Steak House.
Thank you for your assistance in this matter. If you have further questions, please feel free to
contact Craig Turner or me.
Sincerely, ?p
pu
Paul M. Farley
Wetland Scientist
Enclosure: 7 copies of application SEP ..
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cc: Allen Davis, C.O.E. Y
err ??
Ken Averitte, D.W.Q.
Renee Gledhill-Early, S.H.P.O.
Mr. Edgar Sparks
- RUG-25-97 09:50 AM EDGAR SPARKS 910+997+7540 P.01

19
LETTER OF AUTHORIZATION
Date: _ -
sF,??cF? ,
I/We do hereby authorize
Land Management Group; Inc, to act as my/our agents (s) in the delineation of
404/CAMA wetlands and In requested permit work on my/our property known as
., kcjr r located
in _ County, N.C. Land Management Group, Inc.
should be contacted when quEstions arise regarding the wetland delineation activity
and/or permit applications on the above property.
Sincerely,
G?vL?
r Owner rmittee, and or pti eel
7000 Ja0V5 19330vN-m aNyl 0900 tst OZ® 1'1'd tc:ao ?9R Ls. sz: ec