19910936 All Versions_Complete File_20020719

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• APPLICANT/PROJECT NAME :
W. Roy Poole
• DEM #: WQC#: MAP #:
91936,92188 2750 38
• COUNTY:
Lenoir
• LOCATION OF MITIGATION SITE (LAT. AND LONG.)
• DIRECTIONS TO MITIGATION SITE:
Take Hwy 70 E towar Kinston. Just before to get to Kinston, you will encounter a
cemetery on the left (Pinelawn Cemetery). Take a right opposite the cemetery and
follow that road until it ends. Park and walk.
• ACREAGE AND TYPE OF WETLAND IMPACTED:
3.25---alluvial swamp
• ACREAGE AND TYPE OF WETLAND MITIGATED:
6.5---alluvial swamp
• DESCRIPTION OF MITIGATION(IN FILE):
none
• DESCRIPTION OF VEGETATION(IN FILE):
none
• SUCCESS CRITERIA STATED(if any):
none
• WHAT IS THE PROJECT STATUS?(mark one):
RESTORATION, ENHANCEMENT, CREATION, PRESERVATION
• MONITORING PLAN:
none
• WHICH REGULATORY AGENCIES ARE INVOLVED?:
DEM, DCM, COE
• TYPE OF DEVELOPMENT(mark the ones that apply):
RURAL, URBAN, PUBLIC, PRIVATE, COMMERCIAL
a
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FIELD INFORMATION
• DESCRIPTION OF VEGETATION(AT SITE):
• SURFACE WATER LEVEL OBSERVATIONS:
• SURFACE AND GROUNDWATER RELATIONSHIPS:
• HAVE MITIGATION REQUIREMENTS BEEN MET?:
0 DESCRIPTION OF SOIL SAMPLE TAKEN:

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Signed
N.C. Dept. of Environment, Health, and Natural Resources

IMPORTANT
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AREA CODE NUMBER EXTENSION
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WANTS TO SEE YOU URGENT
RETURNED YOUR CAL
Message
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Signed
N.C. Dept. of Environment, Health, and Natural Resources

MEMO
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DATE:
SUBJECT:

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PROPOSEI)EXCAV,&\,T1ON/MITIGATION AREA
W I TH I N THE W _ ROB POOLE TRACT (E _ 5 AC,-)
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-404 WETLANDS
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NORTH CAROLINA
Lenoir County
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
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to Mr. W. Roy Poole pursuant to an application filed on the 22nd
day of May, 1992 to retain and place fill in 3.25 acres of
wetlands adjacent to U.S. 70 in Kinston.
The Application provides adequate assurance that the
discharge of fill material into the waters of Neuse River and
adjacent wetlands in conjunction with the proposed
commercial fill in Lenoir County 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 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.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less are not
considered significant).
2. Wetland mitigation shall be done at at least a 2:1
acreage ratio at a nearby site with monitoring and
success criteria to be agreed upon by the U.S. Army
Corps of Engineers and N.C. Division of
Environmental Management.
Violations of any condition herein set forth shall result in
revocation of this Certification.
.This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
This the 6th day of July, 1992.
DIVISION OF ENVIRO E TAL MANAGEMENT
r ?C
reston Howard, Jr. P.E.
Director
WQC# 2750

PAGE 2.
W. ROY POOLE TRACT, 401 CERTIFICATION, ALTERNATIVES ANALYSIS
CURRENT AND PROPOSED USAGE
The tract is presently wooded and used for long-term silvicultur-
al purposes. Mr. Tom Jarman with Tidewater Forestry Co. is the
consulting forester who manages the landowner's properties. The
proposed future use is to utilize only the highway frontage
("3.25 ac) for light business/commercial usage. The business
types would be typical retail and service related businesses.
The remaining "122 acres would be left in long-term silvicultural
usage.
The surrounding highway properties and tracts are zoned business-
commercial and the majority are currently in such usage (i.e.
food services, retail sales, maintenance services, etc). Thus
use of this tract for business-commercial is compatible with the
surrounding tracts, their usage, and zoning. The highway portion
of the W.R. Poole tract is within the city limits of Kinston,
with the majority outside the city limits.
In order to utilize the highway frontage for business-commercial
use a 3.25 acre area needs to be filled 6-7 ft in depth to bring
the elevation up to the U.S. Hwy 70 grade and to provide a suit-
able building foundation. The 300 ft fill depth is needed for
building space, proper set-backs, and parking. The width is 470
ft as the owner would like to have full usage of the highway
frontage to U.S. Hwy 70. Thus, the 300 ft X 470 ft dimensions
would require "3.25 acres of fill improvements.
ALTERNATIVES AND MITIGATION
The owner would like to have highest and best usage of his land.
The entire 125 acre tract is essentially 404 Wetlands, thus there
is no viable upland alternative site to pursue. This U.S. Hwy 70
frontage is quite valuable from a commercial-business location
perspective, especially as it relates to other major U.S. and
N.C. highways, proximity within Kinston, and other surrounding
commercial uses. Thus there is no alternative to avoid the 404
Wetlands on this tract and utilize the highway frontage.
In order to minimize impacts on 404 Wetlands, only that area
necessary to develop a small business-commercial site will be
pursued (300' X 470') with the balance of the tract remaining in
extensive silvicultural usage. A large (30-40 ac) shopping
center complex or,industrial complex is not being considered for
this tract. The 404 Wetlands to be filled and developed are on
the upper extremes of the Neuse River flood plain and immediately
adjacent to U.S. Hwy 70. These wetlands would not be impacted by
the proposed development any more than they currently are by run-
off from the highway and surrounding developments. These wet-
lands are not within the active flood plain of the Neuse River
that flood with any frequency. The proposed fill area will be

PAGE 3.
yl W. ROY POOLE TRACT, 401 CERTIFICATION, ALTERNATIVES ANALYSIS
-1500 ft from any tributary of Falling Creek and -6000 ft from
the Neuse River which should provide ample buffer and no impact
to these water bodies. The fill improvements will be stabilized
by being grassed and with siltation fencing around its' base
perimeter as required by N.C. Sedimentation & Erosion standards.
Impacts to wildlife is considered to be minimal as the area to be
developed is already influenced by existing surrounding develop-
ment and U.S. 70 a 4-lane highway. No obvious signs of intensive
wildlife usage nor endangered species is evident within this
area.
The only viable impact from the proposed development would be the
actual foot print of the fill (-3.25 ac) over 404 Wetlands and
ability of this area to retain/store water within the Neuse River
watershed. In order to compensate for this minimal impact to the
Neuse River watershed the individual permit proposed included
mitigation. The mitigation plan calls for the creation of 6.5
acres of wetlands from off-site uplands that borders compatible
or "in-kind" Neuse river flood plain ecotypes. The mitigation
site is -1 mile west of the proposed fill site (see maps with
permit application). This was confirmed with Corps Of Engineer
representatives (Sanders & Mitchell) on May 5, 1992 with an on-
site visit to both the proposed fill-and mitigation sites.
SUMMARY
The proposed fill and development of -3.25 acres of 404 Wetlands
cannot be avoided on the W. Roy Poole Tract (-125 acres) due to
the high valued commercial highway frontage location and no
upland alternative sites to utilize. The project has been mini-
mized to have the least impact on 404 Wetlands and 401 Water
Quality by proposing the smallest commercial-business area feasi-
ble, while utilizing the full highway linear frontage. Environ-
mental impacts on water bodies, wildlife, and water quality will
be minimal or no more than already exists from the current sur-
rounding development. Impacts to water retention/storage by loss
of fill over "3.25 acres of 404 Wetlands will be mitigated by
creating 6.5 acres of "in-kind" wetlands from uplands as proposed
on the permit application.
Hopefully this narrative description will provide sufficient
documentation for your department's issuance of the needed 401
Certification on this project. If you should have further ques-i
tions or need additional information please call or write.
C AJ1f/sc
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C? ?? -64" Larry F. Baldwin, CPSS/SC #2183
cc W. Roy Poole
Tom Jarman
Corps Of Engineer,
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j (DEEP RUN) 156 =57 40' 259 0 INTERIOR-GEOLOGICAL SURVEY.RESTON, VIRGINIA- - 77-37'30"
5454 /1 NW 260"-E SCALE 1:24 000 '?.
ROAD CLASSIFICATION
KILOMETERS 1 2 9
METERS 1000 2000 Primary highway, Light-duty road, hard or
?- yl.
hard surface ....... improved surface...
0 1
MILES Secondary highway,
100 4000 5000 6000 7000 8000 9000 10 000 hard surface ....... Unimproved road ...
FEET • Interstate Route 0 U. S. Route O State Route
INTOUR INTERVAL 2 METERS
! GEODETIC VERTICAL DATUM OF 1929 N. C.
?NATIONS SHOWN TO THE NEAREST 0.1 METER FALLING CREEK, N. C.
)ATIONS SHOWN TO THE NEAREST 0.5 METER
QUADRANGLE LOCATION SW/4 KINSTON 15' QUADRANGLE
S WITH NATIONAL MAP ACCURACY STANDARDS N3515-W7737.5/7.5
iEOLOGICAL SURVEY, RESTON, VIRGINIA 22092 CONTOURS AND ELEVATIONS 1983
GRAPHIC MAPS AND SYMBOLS IS AVAILABLE ON REQUEST IN METERS F{ O
DMA 5454 1 SW-SERIES V842