19920028 Ver al_Complete File_19920706

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
July 27, 1993
IN REPLY REFER TO
Regulatory Branch
Action ID. 199100321
Mr. W. Roy Poole
Poole Building, Hardee Road
Kinston, North Carolina 28501
Dear Mr. Poole:
This letter is in reference to your After-The-Fact permit application for
Department of the Army (DA) authorization to fill approximately 3.25 acres of
bottomland hardwood wetlands adjacent the Neuse River to create high ground in
conjunction with the construction of a commercial building. The project is
located approximately 1.8 miles west of NC 11/55, along the southern
right-of-way of U.S. 70/258, south of Hillcrest Road, in Kinston, oir,._)
County, North Carolina. Processing of your application has been completed.
Wetlands are extremely valuable natural resources which provide a variety
of functions supportive to both marine and land organisms, as well as
performing numerous other functions attendant to sedimentation, salinity,
floodwater storage, and other factors related to water supply and water
quality. An estimated 1/3. of our Nation's wetlands have been lost to
development and poor conservation practices since Colonial times, a loss of
approximately 50 million acres. This national concern came clearly into focus
in the late 19601s; subsequently, it has been supported by numerous Court
interpretations, including those addressing the Clean Water Act.
Based upon review of the environmental and public interest factors, the
404(b)(1) Guidelines, as well as negative comments received from the US Fish
and Wildlife Service, National Marine Fisheries Service, and North Carolina
Wildlife Resources Commission, you are hereby notified that your DA
After-The-Fact permit application has been DENIED. This denial is based
primarily upon your failure to furnish information that would clearly show
that the filling of wetlands on this site for a speculative business venture
is the only alternative available to you for this site or that the filling of
the site must be accomplished in order to meet your purpose and need.
This letter also confirms our December 13, 1991, letter to you stating
that should your permit be denied, restoration of the affected wetland area
will be immediately requested. You will be notified in the near future
regarding the restoration alignments and procedures required to resolve this
enforcement action.
-2-
Thank you for your time and cooperation in resolving this matter of
importance. If you have any questions, please contact Mr. David Lekson at
telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
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
Ms. L. K_ (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
John Dorney
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687 -
Raleigh, North Carolina 27611-7687
Mrs. Deborah Sawyer
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 1507
Washington, North Carolina 27889
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, NE.
Atlanta, Georgia 30365
Mr. Harry Bailey
Land Quality Section
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 1507
Washington, North Carolina 27889
Mr. Larry Baldwin
Land Management Group
Post Office Box 2522
Wilmington, North Carolina 28402
i?
?'sv
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor
William W. Cobey, Jr., Secretary
Mr. W. Roy Poole
Poole Building
Hardee Road
Kinston, N.C. 28501
Dear Mr. Poole:
July 6, 1992
George T. Everett, Ph.D.
Director
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed commercial fill
Project # 92028, COE # 199100321
Lenoir County
Attached hereto is a copy of Certification No. 2750 issued
to Mr. W. Roy Poole dated July 6, 1992.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
reston Howard, r. P.E.
irector
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Regional Office
Washington DEM Regional Office
Mr. John Dorney
Mr. John Parker
Central Files
RK"10NAL. OF-F-ICF_S
Asheville Fayetteville Mooresville Raleigh Washington Wilmington
704/251-6208 919/486-1541 7()4/663-1699 919/571-47(x) 919/946-CA81 919/395-39m
Winston-Salem
919/896-7007
Pollution Prevention Pays
P.O- Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An I:!qual Opprctunln -\mrmauvc Action Employer

I
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
reston Howard, Jr. P.E.
Director
WQC# 2750
' DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers JUN - 3
Post Office Box 1890
Wilmington, North Carolina 28402-1890
WETLANDS GROU '
WATER U,^,Li"iY So CT't';t`
Action ID. 199100321 May 28, 1992
PUBLIC NOTICE
MR. W. ROY POOLE, POOLE BUILDING, HARDEE ROAD, Kinston, North Carolina
28501, has applied for a Department of the Army (DA). after-the-fact permit TO
AUTHORIZE THE PLACEMENT OF APPROXIMATELY 44,489 CUBIC YARDS OF FILL MATERIAL
IN WOODED WETLANDS ADJACENT TO THE NEUSE RIVER TO CREATE HIGH GROUND IN
CONJUNCTION WITH THE CONSTRUCTION OF A COMMERCIAL BUILDING, APPROXIMATELY 1.8
MILES WEST OF NC 11/55, ALONG THE SOUTHERN RIGHT OF WAY OF U.S. 70/258, SOUTH
OF HILLCREST ROAD, in Kinston, Lenoir County, North Carolina.
This public notice does not imply, on the parts of the U.S. Army Corps of
Engineers or other agencies, either favorable or unfavorable opinion of the
work performed; but it is issued to solicit comments on the factors listed
above on which a final decision will be based. Legal action has been
suspended pending the outcome of this consideration.
The following description of the work is taken from data provided by the
applicant, and from observations made during onsite inspections by
representatives of the U.S. Army Corps of Engineers. Plans submitted with the
application show that the applicant is responsible for filling approximately
38,400 square feet (0.88 AC) of bottomland hardwood wetlands adjacent to the
Neuse River. In addition, the applicant has requested that the fill be
expanded 103,237 square feet (2.37 AC). Therefore, total impacts to wetlands
would equal approximately 141,637 square feet (3.25 AC.). This wetland area is
primarily vegetated with Bald Cypress, Sweet Gum, Red Maple, and assorted
wetland herbaceous undergrowth. The stated purpose of the work is to construct
a building pad 470 feet long by 300 feet wide by an average depth of 8 to 9
feet. A light commercial retail structure is to be constructed on top of the
fill area. Plans showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
DA permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management (DEM) has
determined the applicability of a Water Quality Certificate as required by PL
92-500..
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.
i
0 `; .
-2-
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 work-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 archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on 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 U.S. Army 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 U.S. Army
Corps of Engineers to determine.whether to issue, modify, condition or deny a

'Y
1
-3-
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 and/or an
Environmental Impact Statement pursuant to the National Environmental Policy
Act. Comments are also used to determine the need for a public hearing and to
determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this DA permit will not be made
until the DEM issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will-comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the DA permit
serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
.Carolina Division of Environmental Management, 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 DEM plans to take final action in the issuance of the Clean Water Act
certification on or after June 20, 1992.
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 Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before June 15, 1992, Attention: Mr. John
Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Gary Mitchell, until 4:15 p.m.,
June 29, 1992, or telephone [phone].
U: S. Ut:rAft. M ..... ... ........... ....
SOIL CONSERVATION SERVICE
SOIL LEGEND
The first capital letter is the initial one of the soil name. The second letter is a lower
case letter for a detailed mapping unit and a capital letter for a broadly defined mapping
unit. 1/
SYMBOL NAME
Be Bibb soils, frequently flooded
Bn Blanton sand, 0 to 6 percent slopes
Ch Chewacla loam, frequently flooded
Co Coxville loam
Cr Craven fine sandy loam, 1 to 4 percent slopes
Cv Craven fine sandy loam, 4 to 8 percent slopes
Go Goldsboro loamy sand, 0 to 2 percent slopes
Gr Grifton sandy loam
Jo Johns sandy loam
is Johnston soils
Ka Kalmia loamy sand, 0 to 2 percent slopes
Kb Kalmia loamy sand, 2 to 6 percent slopes
Ke Kenansville loamy sand, 0 to 6 percent slopes
Kn Kinston loam, frequently flooded
La Lakeland sand, 0 to 6 percent slopes
Le Leaf loam
Ln- Lenoir loam
Lo Leon sand
Lu Lumbee sandy loam
Ly Lynchburg sandy loam
Me Meggett fine sandy loam
Mu . Murville fine sand
Na Norfolk loamy sand, 0 to 2 percent slopes
Nb Norfolk loamy sand, 2 to 6 percent slopes
Nc Norfolk loamy sand, 6 to 10 percent slopes
Pa Pactolus loamy sand
Pc Pamlico muck
Pe Pantego loam
Po Pocalia loamy sand, 0 to 6 percent slopes
Pr Portsmouth loam
Ra Rains sandy loam
St Stallings loamy sand
To Torhunta loam
Uo Umbric Ochraqualfs
Wb Wagram loamy sand, 0 to 6 percent slopes
We Wagram loamy sand, 6 to 10 percent slopes
Wd Wagram loamy sand, 19 to 15 percent slopes
Delineations generally are much larger and the composition of the unit is apt to be more variable than
for other units in the survey area. Mapping has been controlled well enough, however, for the
anticipated uses of the soils.
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PROPOSED F I LL AREA W I= I N THE
W - ROY POOLE-RAOT - C _ _2 5 Ac r s
SCALE: 1 Inch = 100 Feet
U. S. HWY 70

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X
FISH AND WILDLIFE SERVICE
hgRC s Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
June 18, 1992
Colonel Walter S. Tulloch
District Engineer
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 28402-1890
Attention: Regulatory Branch
Dear Colonel Tulloch:
TMM
PRIDE IN

9
4 19
This is the report of the U.S. Fish and Wildlife Service (Service)
on Public Notice 199100321, dated May 28, 1992. Mr. W. Roy Poole
has applied for an after-the-fact Department of the Army permit to
place fill material in wetlands to construct a commercial building
adjacent to US-70_in-Kinston, Lenoir County, North Carolina. This
report is sub Wwo;ld °^rdance with the Fish and Wildlife
. _ .. _..d_• - -
Coordination P v? t6._. _U._S.C. 661-667d),
and Section 7 /sao?o 4Taro?' U?- lpa' ended (16
U.S.C. 1531-1 IeanleNPu nation of
H 1Uau1UUJ!AU in
compliance wi P7 3 I 4Uau J N I Your
public intere W i /0 .)rotection
of fish and w f pau$is
ohm
According tc
unspecified
wetlands to c
elevated 6 t
was complet'
Permit. The
pad to cove
deep. A tc
material we
A Service
Proj ect ax
forested w
Forested v
sweetgum (
ash (Frax
Ground c
areolata)
virginica
giant ca

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1N30an
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111M f10 'k 33S Ol
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NOISN3yX3 (33NOHd3731
2138 WI1N
3000 V321V
au04d
fo
otice, an
n forested
.gilding pad
The work
f the Army
he existing
nd 300 feet
f hauled in
lne 3, 1992.
ge tract of
floodplain.
dominated by
ubrum), green
>inus taeda).
(Woodwardia
(Woodwardia
(Smilax spp.),
(ilex opaca)
1NH18odW1
Y
seedlings, and leathery rush (Juncus coriaceus).
Service policy regarding mitigation of damage to habitats considers
both the value of those habitats to fish and wildlife and their
relative scarcity. The forested wetlands affected by the proposed
project have high fish and wildlife resource value and are
considered to be relatively scarce on a national and regional
basis. Wetlands such as these provide valuable nesting, roosting,
and foraging habitat to resident and migratory songbirds, hawks and
owls, and wading birds. Other resident wildlife species expected
to occur in project area wetlands include white-tailed deer
(Odocoileus virginianus), gray squirrel (Sciurus carolinensis), fox
squirrel (Sciurus niger), Eastern cottontail (Sylvilagus
floridanus), opossum (Didelphis virginiana), and raccoon (Procyon
lotor). Numerous reptiles and amphibians depend on project area
wetlands for foraging, egg laying, and habitat for larval life
stages.
Wetlands in the project area perform water quality functions such
as reduction of excessive dissolved nutrient levels, removal of
suspended sediment, stormwater retention, and groundwater recharge.
These water quality benefits are especially valuable in alleviating
the negative effects of agricultural and commercial runoff on water
quality and biological productivity of the Neuse River system.
The proposed fill would result in the permanent loss of
approximately 3.25 acres of forested wetlands, as well as their
associated fish and wildlife habitat values and water quality
functions. Indirect impacts would result from the increased
fragmentation of forested wetland habitats in the Neuse River
floodplain.
The Environmental Protection Agency's 404(b)(1) Guidelines,
developed pursuant to Section 404 of the Clean Water Act, prohibit
the discharge of dredged or fill material for non-water dependent
proposals in wetland areas if there is a practicable alternative
which would have less impact on the aquatic ecosystem. Those
guidelines further specify that for non-water dependent activities
proposed for special aquatic sites (e.g., wetlands), practicable
alternatives which do not involve special aquatic sites are
presumed to exist unless clearly demonstrated otherwise.
Fill for retail structures does not need to be located in wetlands
to fulfill its basic purpose. Moreover, according to Corps
Regulatory personnel, the applicant owns a sufficient area of
uplands and/or prior-converted cropland adjacent to US. 70, within
a mile of the proposed fill site, that would completely avoid
wetland impacts.
The Service, therefore, recommends that a Department of the Army
permit not be issued for the proposed work and that the applicant
be required to remove all fill material from wetlands and return
the project area to its original elevation contours. All
applicable best management practices to control sedimentation of

adjacent wetlands during restoration, such as sediment fencing and
establishment of native ground cover, should be required. The
Service also recommends that the restored wetlands be reforested
with water oak (Quercus nigra), swamp chestnut oak (Quercus
michauxii), willow oak (Quercus phellos), and bitternut hickory
(Carya cordiformis) seedlings, at a spacing of 10 feet.
The Service has identified no endangered or threatened species, nor
critical habitats that would be adversely affected by the proposed
project. Therefore, the requirements of Section 7 of the
Endangered Species Act are fulfilled. However, obligations under
Section 7 of that Act must be reconsidered if: (1) new information
reveals impacts of this identified action that may affect listed
species or critical habitat in a manner not previously considered;
(2) this action is subsequently modified in a manner which was not
considered in this review; or, (3) a new species is listed or
critical habitat determined that may be affected by the identified
action.
The Service appreciates the opportunity to comment on this project.
Please advise us of any action taken by the Wilmington District,
Corps of Engineers. You may contact David Dell, Permit
Coordinator, of this office if you have any question regarding our
recommendations.
Sincerely,
L.K. Mike Gantt
Supervisor

t 91..4&d
99.V g: -saki oin
Mr. John R. Dorney
Div Of Enviromental Mgt,
N.C. Dept Of Environment,
512 N. Salisbury Street
P.O. Box 29535
Raleigh, North Carolina
Dear Mr. Dorney:
Y91 JA? VWC.
In response to your 05/08/92 letter concerning the W. Roy Poole
Tract and our "3.25 acres fill request of 404 wetlands:
You requested an alternatives analysis to clarify why the project
must be constructed in this location. Hopefully the following
narrative -- analysis__wi.11 answer your department's concerns for the
regi
The
Len,
sou,
nar:
the:
(re
hig
Hig
The
"40
to
and
cla
lan
iso
gen
Tha
6 1;1d19,2 .
ctf la,,4
&UV40'?? WMAUM MA
goat 6?ee A x .25.2.2
wdmi&w", ? OWA %oli ,
d. 999-452-000Y
May 25, 1992
rPP.Anue
°N%6mMy&n., ?W 284V3
Water Quality Section
Health, & Natural Resources
27626-0535
a), /?, ?U?-O
r
CTF-
[phone]
)NS
i within Kinston,
; adjacent to and
Tact is relatively
;s U.S. Hwy 70 and
o the Neuse River
?plication). The
proximity to U.S.
hways 11, 55, 58.
ie Neuse River and
re nearly level 0%
?r, Falling Creek,
e 125 Ac tract is
nt "0.5 Ac of up-
,11 upland area is
5CS soil types are
rmit application).
Ly to very poorly
ions of the Neuse
are very poorly
i the Neuse River
The proposed fill
pe. Major vegeta-
Privet, & Poplar.
70
Lc?
LrA
P.O. Bo: VAU

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
,., , , A-
PAGE 3.
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-?)
tions or need additional information please call or write.
C At
Larry F. Baldwin, CPSS/SC #2183
Cc: W. Roy Pool
Tarn Jarman
Corps Of Erigineer?:::.
MEMO
DATE:
TO: SUBJECT:
? VI-4

From:

? SWE a
?d• Mir w. ins
North Carolina Department of
Health, and Natural Resources
• a?N.
Environment,
49 Printed on Recycled Paper
e o.5tA7E °
?GVM ?•
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor George T Everett, Ph.D.
William W. Cobey, Jr., Secretary May 8, 1992 Director
M17. W. Ray Poole
Poole Building
Hardee Road
Kinston, North Carolina 28501
Dear Mr. Poole:
The Division of Environmental Management, Water Quality
Section has reviewed your plans for wetland fill for 3.5 acres of
wetlands at US 70 in Kinston for commercial development. Based
on this review, we have identified significant uses which would
be removed by this project. These are pollutant removal,
wildlife habitat and water storage. Furthermore, insufficient
evidence is present in our files to conclude that your project
must be built in wetlands. Therefore, we are moving toward
denial of your 401 Certification.
Please provide us with information supporting your position
that your project must be constructed in wetlands. Specifically
can you construct your commercial site on nearby upland or prior
converted farmland? Any documentation such as maps and narrative
which you can supply to address upland alternatives may be
helpful in our review of your 401 Certification. Please respond
within two weeks of the date of this letter.
If you have any questions, please call me at 919/733-1786.
Sincerely,
J. Dorney
A4",- -
JRD/kls
Poole.ltr./Vo1.3
cc: Washington DEM Regional Office
John Parker, Coastal Management
Wilmington Office COE
Larry Baldwin; Lana Maff6§t*lafiEl('Ciroup, Inc.
Asheville Fayetteville Mooresville R?dcigh Washington Wilmington Win't n.Salcm
704/251-6208 919/48(1-154) 704/663-1699 919/571-47(X) 919/9406481 919/395-3900 919/8967(X)7
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 276264)535 Telephone [phone]
A,, Fqu, l ()pi-tu my :?flinnanvc Arti..u Fn,plo-,
N•
WETLAND RATING SYSTEM WORKSHEET
Project No. or description LO , o oak
Location
County oif Nearest road or town
River basin
Nearest stream_ Nv?ksc and classification C OJSLA-)
Evaluator ?s
Agency and address
Date and time evaluated
Major Wetland Type & 4111, '>f? Q:? ,P
Approximate size of wetland system 1?7 acres
Approximate ext nt of wetlands in area ?tl p _acres
within ( miles
Three most comm n plant species (in order):'Wee
I?
Soil Series (if known) Ri?N3
Hydrologic indicators
Direct surface h
Existing Conditions
Drainage
Disturbance
Restoration potentia
Restoration value
NO

Is site known to vide habitat for rare, endangered or
threatened species? If so, list species observed or recorded.
Item No..
I. Location/Landscape
1 Natural area buffer
2 Sensitive watershed
3 Dispersal corridor system
II. Ecological Values
4 Special ecological attributes
5 Wildlife habitat
6 Aquatic life
7 Water storage
8 Streambank stabilization
9 Removal of pollutants
III. Human Values
10 Outdoor recreation/education
11. Economic value
Total score -
Site description and notes: SS`
13
ologic connection?
Score (circle one) -?
5
8 4 3 2 1
4 3 2 1 0
5 4 3 2 1 0
5 4 ID 2 1 aer veil ?? ,rm? .?
5 4 3 2 0 --r;Lr y r?auwQ?
5 4 30 2 0
5 4 3 1 0
'( srIme- W40?:1-
---
5 4 (V1 0 ?WCJ
5 4 3 1 0
5 4 3 1 0
to y l I
-1
,A
Oil
f

i

j?A\\ A'4

.cUad ?L? ?wrLt 5wfo, jgw.
&wiz?ifal WaiaulfamA
At C)Fm Ax ,2511
G14 m, AoWA Vatdma 18401
3_66 979-451-0007
gua 9 d&d
9? g _i
DECEMBER 27, 1991
MR. WILLIAM MILLS/MR. JOHN DORNEY
WATER QUALITY SECTION
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPT OF NATURAL RESOURCES & COMMUNITY
P.O. BOX 27687
RALEIGH, NC 27611-7687
DEAR MR. MILLS & MR. DORNEY:
,pN 199
Wpas 4
planning Branch
Aid&,-4
.To..w Ad, 0)96 P&A
3805 °wei?/ctaville Atae
%IW..Gm L, M 284M
PLEASE FIND THE ENCLOSED APPLICATION FOR A "NC 401 WATER QUALITY
CERTIFICATION" FOR YOUR DEPARTMENTS' REVIEW. THE 401 CERTIFICA-
TION IS NEEDED AS PART OF AN INDIVIDUAL 404 PERMIT APPLICATION TO
THE CORPS OF ENGINEERS/EPA FOR FILL IMPROVEMENTS WITHIN A 3.25
ACRE AREA OF "ADJACENT" 404 WETLANDS. PART OF THIS PERMIT
APPLICATION IS TO MITIGATE BY CREATING SIMILAR 404 WETLANDS FROM
UPLANDS ON A 2 FOR 1 RATIO.
YOUR IMMEDIATE ATTENTION TO THIS APPLICATION WILL BE APPRECIATED.
IF THERE ARE ANY QUESTIONS OR MORE INFORMATION IS NEEDED PLEASE
DO NOT HESITATE TO CALL OR WRITE.
SINCERELY,
LARRY F. BALDWIN
CPSS/SC #2183
lw"A' JAC-
At C)F'm lwaz 2522
dminytm, AoWA %co"a 28402
CL: 979-451-0009
F?Lcw
Z&a Y• .4t"d
9.9, F .T."n
J
FEBRUARY 29, 1992
MR. CLIFF WEINFORDNER
REGULATORY, PERMITTING
CORPS OF ENGINEERS AND
P.O. BOX 1890
WILMINGTON, NC 28402
[phone]
DEAR MR. WEINFORDNER:
.T.wy A.,A ®.9.k
.3805 ?wwti8/?atte .fie
%4 g", ,iYf6.840.3
MR. W. ROY POOL
C/O MR. TOM JARMAN
P. 0. BOX 32
HARKER'S ISLAND, NC
[phone]
28531
WE ARE RESPONDING TO YOUR LETTER OF FEBRUARY 4, 1992 REGARDING
THE W. ROY POOLE INDIVIDUAL 404 PERMIT FOR FILL ON U. S. HWY 70,
KINSTON AREA, LENOIR COUNTY, NORTH CAROLINA.
1--MR. W. ROY POOLE SENT YOU A LEETER DESIGNATING LAND MANAGEMENT
GROUP-LARRY F. BALDWIN AS THE AGENT ACTING IN BEHALF OF THIS
PROJECT.
2--THE AREA TO BE FILLED IS JURISDICTIONAL 404 WETLANDS UNDER THE
1987 FEDERAL WETLANDS MANUAL, THUS NO WETLANDS DELINEATION IS
NEEDED ON THIS PORTION OF THE PROJECT. THE AREA TO BE EXCAVATED
AND USED FOR MITIGATION IS OFF-SITE ON ANOTHER POOLE TRACT. THE
MITIGATION AREA'S 404 WETLANDS LINE HAS BEEN eOT FLAGGED. WE
WOULD LIKE TO REVIEW THIS AREA WITH YOUR AGENCY TO DETERMINE IF
THE MITIGATION AREA IS SUITABLE FOR THIS PURPOSE BEFORE SPENDING
A GREAT DEAL OF TIME AND MONEY ON IT. THE EXCAVATION/MITIGATION
PLAN IS ENCLOSED AS REQUESTED.
3, 4, & 5--THE INFORMATION REQUESTED HAS BEEN UPDATED ON THE
REVISED PERMIT APPLICAITON ENCLOSED.
6--THE 3.25 Ac FILL PLAN IS ENCLOSED AT A SCALE OF 1' = 100'.
THE 6.50 Ac EXCAVATION/MITIGATION PLAN IS ENCLOSED AT A SCALE OF
1" = 200'. WE WOULD LIKE TO REVIEW THIS AREA BEFORE APPROVAL
BEFORE SPENDING A GREAT DEAL OF TIME AND MONEY ON FURTHER PLAN-
NING. THESE AREAS ARE DESIGNATED ON THE SCS SOILS MAP ENCLOSED.
IF FURTHER INFORMATION IS NEEDED PLEASE NOTIFY US. PLEASE SCHED-
ULE A TIME WHEN YOU CAN REVIEW THE MITIGATION AREA FOR APPROVAL.
C'6 T .rc
LARRY F. BALDWIN, CPSS/SC
cc Mr. John Dorney, N.C.D.E.M.
x
O? 5? ?ti r
. ...
orvo`e
of ire
• be c
G0,4ecs •..Apl
? aQQ?`?a?` erc Poc ?
ad ;,NV
G?GcG5' J?
?'. ?e Sam 3.titi9 0i%or
pccaGG. ?cc.
?' acet ?13.'Lti5 ,acA
40.
tt??c?5 oc of 1g99
G?' aced Q,?. ???` P'oc
?• b?e?b?p ?? ??rg, ?bocs 4acecs
?GG• t+g"ooro`?acco?¢`IC c?i'a? `rS-o
av. o, of oc??0a hoc
G?erc ?c?o ?? ?acec
cad jaN p ?c of rg`rco
,or of ooc CE
cr?t ??a`o`
'Ci%*4 VCV 4a Loop
?,G• ?cces erc v • 5?`?coo
?a1
W- ROY POOLE PERMIT?Rvis?d?
t4
Please type or print. Carefully describe all an-
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to your project, write N/A (not ap-
plicable). Items 1-4 and 8-9 must be completed for
.all projects.
d. Describe the Vanried use of the project.
LAND.AND WATER us ,? :?.
-?- CHARACTERISTICS
-
'APPLICANT-a.
Size of entire tract
a. Name L opr y F, ?g lo%.?h. f'ga b.
/'c. Size of individual lot(s) %VT
Elevation of tract above mean sea level or Na-
Address P o 33 o x- 15 2 2
"G tional Geodetic Vertical Datum
Ci ty State d. Soil type(s) and texture(s) of tract /r?'H c fnh?
Zi Z Da hone 4'51-6001
P Y P (-,A <-?,, n IeT .
Landowner or Authorized agent e. Vegetation on tract s? Pl M7,4/FJ
b. Project name (if any) 4e, 6 h v.r -? f
f M
d
C. If the applicant is not the landowner, also give . an-ma
e eatures now on tract
c f:vi fie-
s
f
4 h
the owner's name and address. g' .
?,
e
,hrr
What is the CAMA Land Use Plan Classifica-
l l
d
f
h
l
use
tion o
t
e site? (Consult the
oca
an

`g r
` plan. •
l
-
,
2 9
5-d 1
Ale Transitiona
Conservation
,
- Developed Community
2. LOCATION OF PROPOSED ?. Rural Other
PROJECT h. Hownis the tract zoned by local government?
/{'lIY1 / - l_. /1H SPYdAfIns,
a. Street address or secondary road number
- i.
j• How are adjacent waters classified?
Has a professional archaeological survey been
g
a, S. H,-i 7n-258 e /VC `j carried out for the tract? /I/o
b. City, tpwn, community, or landmark by whom? ----
if so
rF'"s tot, , NC ,

d. County L e m e i h

Is proposed work within city limits or planning -.*,
Pte. ?"?:?'
5 UPLAND DEVELOAd N'?
jurisdiction? No
e. Name? 99f body of water n est project
/V? rASP /??'ve? / Fn //i h,? CvP?fr Complete this section if -the project includes y
l
23 A- F
3
d d
l
D
'/7
u p
.
an
.
eve
n
opment.
T
d
f b
f
ili
i
b
ildi
a. ype an
num
es, or
er o
u
ngs,
ac
t
3 DESCRIPTION AND PLANNED, structur proposed 1-2 / ;,, X ZK C aN, ?,. p••^; a/
/ "
°
?
°
USE OF PROPOSED PROJECT :
• °- ? 07 `
1
" M
/"'
. ? 4r `&s X 6NP+nW A. ,,,,r /-Venn ?J, /w
/
,
,,
b
a. Describe all development activities you propose
(for example, building a home, motel, marina, c. Density (Give the number of resid tial units
and the units per acre.) f i
bulkhead, or pier).
i
r
/ f- P f,? : /
l f ?'
G
i
n
_
n M s++ Pv
-
j; d Size
f a
t
b
d
d
di
b
d
. o
rea
o
e gra
e
or
stur
e
7 0 ;,
e If th
r
d
ill di
b
h
Br
T
. e p
opose
project w
stur
more t
an
,
d excamalm
f l
d
h
Di
i
i
f L
one acre o
an
, t
v
e
s
on o
an
If you plan to build a marina, also complete Resources must receive an erosion and sedimen-
and attach Form DCM-MP-2. ration control plan at least 30 days before land
b. Is the proposed activity maintenance of an
fisting project, new work, or both? disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
ut
d t
th
Di
i
i
f L
d R
?
C. Will the project be for community
private
or su m
e
e
o
v
s
on o
an
esources
0 . k1 // he 10n /; P4 fos 36
/a
X e F

G ,
,
commercial use?
i ?? f Co n. r?+ Pry is i'
f. ?,
+is
aye,
Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
bl
f
h
permea
e sur
aces, suc
as paveme_?t,
O 9
buildings, or rooftops.
,w
g. List the materials, such as marl. paver stone,
asphalt, or concrete )) to be used for paved/
surfaces. • r h h 4/ 7- n H r? /I P P r+ n v Aa.S
h. If applicable, has a stormwater management
plan been submitted to the Divis?op of En-
vironmentai Management?
i. Describe proposed sewage disposal and/or waste
t treagnenc facilities
wa .
1hS ?h
j. Have these facilities received state or local
approval? o
k. Describe e is iag,, treatment facilities.
1. Describe location and type of discharges to
waters of the state (for example;, surface runoff,
sanitary wastewater, industrial/commercial
effluen ', or "wash down"). Sf? r,? ??a f<r
m. Water supply source
n. If the project is oceanfront development,
describe the steps that will be taken to main-
tain established public be c cessways or pro-
vide new access.
o. . If the -project is on the oceanfront, what will
be the elevation above mea evel of the
first habitable floor?
6 EXCAVATION AND FILL
INFORMATION
e e of proposed excava-
a. Describe w the u7i
tion or ill activities ding bulkhea ds,
which are cove in on ?).
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
wN11111ace d in
3 ,2 ,?Ac r below
F;11 14, Upland fill
=X Cava/ieNa
Length Width Depth

?f2,0 ? 3dO

LXCgYq
b. Amount of material to be excavated from -,
below water level in cubic yards \'
c. Type of material- 7/X -
d. Does the area to be excavated include ma h-
land, swamps, or other wetlands?
e. High ground excavation, in cubic 3ardsX l)00
f. Dimensions of spoil disposal area \
Location of spoil disposal area d- are--f- e,
g•
M,S, -70 oh r,
h. Do you claim title to the disposal area? s
If not, attach a letter granting permission from
the owner.
i. Will a disposal area be av i able for future
maintenance? ?
If so, where?
j. Does the disposal area include any marshland,
swampland: or water areas? ?e s ?44?z IX/e f?`1`'Js
k. Will the fill material, lie placed below" mean -
high water? r'
1. Amount of fill in cubic yards 3 , d „ ., t-
m. Type of fill rpateiial S'.., 411 L non w Soh f C/a/
n. Source of fill material
o. Will fill material be placed on marsh or other
wetlands? e c ?:? no' x tL 7n'
p. Dimensions o (the wetland to be filled 47 `t
q. How will excavated or fill material be kept on
site an? erosioni co(]?ltrolled? s%,/f FPH ?L? N g/
r A_ i A A,, 1&, rH a /c Li ,
r. What type of construction equipment will be
used (for example, drag fine backhoe, o
hyd ulic dredge)? JSa? ?A^f* e7M
s. Will wetlands be crossed i transporting equip-
ment to the project site?=1 If yes, explain
the steps that will be taken co lessen en-
vironmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap /V/11
b. Average distance waterward of meat i water
or normal water level
c. Shoreline erosion during preceding months,
in feet
d. Type of bulkhead material / PIA
e. Amount of fill, in cubic yards. to be , p ed
below mean high water V N?
f. Type of fill material -I A
2
r
-'Jim
ORMATION -
.BADDITIONA
ti -
In addition to the completed application form, the
following items must be submitted:
-A copy of the deed (with state application only) or
P f Q f other instrument under which the applicant claims
,Iitle to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
An accurate work plat (including plan view and
&,A Across sectional drawings) drawn to scale in black
ink on 8 Vh x 11 white paper. (Refer to Coastal
Resources Commission Rule 7J.0203 for a detailed
description.)
Please note that original drawings are preferred and
only high quality, copies will 'be accepted. Blue-line
prints or other larger plats are acceptable only if 16
high quality copies are "provided by the applicant.
(Contact the. U.S. Army Corps of Engineers regard-
ing that agency's use of larger drawings.) A site or
location map is a part of plat requirements and it
?"___`?'--must be sufficiently detailed to guide agency per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
A stormwater. management plan, if applicable, that
may have been: developed in-consultation with the
f Division of Environmental Management.
raves
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
?/? individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113.229(d).
Name Co
Address It, -r - Atw v 7d A/
h.T f N C
Name / ati s Cn .
Address
i;?,r?4h NC,
Name
Address
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
A h /4 A
A check for $100 made payable to the. Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
-application.
/ A signed AEC hazard notice for projects in ocean-
N A front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
4 tack a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PERARS
SION TO ENTER ON LAND. ,,,
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
I further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands in connection with .
evaluating information related to this permit ap-
plication and follow-up monitoring of'project.
This is the 2 day of e ?" Fr
19 9/ _
EE2?? e-,4'rz /,r,
Landowner r Aurhorized agent L a d Mi t, 611auP
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
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M'

PROPOSED F I LL AREA W I TH I N THE
W _ ROY POOLE TRACT ? 3 _ 2 5 Acres a
SCALE: 1 Inch = 100 Feet

U.S. HWY 70

0(8$Q

- - L
PL
T 76'
Po reeville U. S. HIGHWAY 70 To Falli reek-->
® - 404 WETLANDS
PROPOSED FILL AREA
(PLANAR VIEW)
LAND MANAGEMENT GROUP
(CROSS-SECTIONAL VIEW)

PROPOSEI]EXCAVATION/MITIGATION AREA
W I TH IN THE W _ ROY POOLE TRACT (6 _ 5 A<--)
0
en Field)
W ed)
?o
e
° e i 1
(o
IN
3
O
N
O
SCALE: 1 Inch = 200 Feet
® -404 WETLANDS
I
®-PROPOSED EXCAVATION/MITIGATION AREA LAND MANAGEMENT GROUP
4
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO February 4, 1992 -
Regulatory Branch
Action ID: 199100321
Mr. W. Roy Poole
Poole Building
1100 Hardy Road
Kinston, North Carolina 28501
Dear Mr. Poole:
On January 27, 1992, we received your application for an after-the-fact
Department of the Army permit requesting authorization to complete the filling
of wetlands for a commercial development on your property off U.S. 70,
adjacent to the Neuse River, in Kinston, Lenoir County, North Carolina.
Your prompt submittal of the application is appreciated. However, the
information and plans you furnished with the package are inadequate for us to
process your application.
Specifically, your application must be revised as follows:
1. Mr. Larry Baldwin, Land Management Group, is listed as applicant and
agent on the application. Mr. Baldwin also signed the application. There is
no record in our files that indicates that Mr. Baldwin has been appointed by
you to act as his agent. You should provide this office with a signed,
written statement formally verifying that Mr. Baldwin is acting as your agent.
2. As indicated in your application, the source of fill material for
this project is from this same property. No formal wetlands delineation has
been undertaken to determine the extent of wetlands that may be impacted by
this additional activity. Therefore, a formal delineation of wetlands should
be undertaken on this property to-demarcate jurisdictional wetland areas.
Please be aware that any additional filling and/or excavation proposed in
conjunction with your project also needs to be indicated in the application
and plans.
3. Reference your application, Part 5, Upland Development. You need to
specify upland development, as opposed to development within filled wetlands.
4. Reference your application Part 6, Excavation and Fill Information,
1., Amount of fill in cubic yards. Please indicate the cubic yards of fill.
5. Reference your application Part 8, Additional Information. Please
indicate the names and addresses of adjacent property owners.
s
ISM
,i

-2-
6. Please reference the plans you submitted with your application. For
the purposes of the application, adequate plans are essentially divided into
three parts: (1) a geographical location map,*(2) plan (overhead) views, and
(3) elevation (cross-section) views.
Specifically, your plans must be revised as follows:
a. Plan and elevation views are reproduced for inclusion with the
public notice that is sent to all commenting agencies and the public. The
plan drawing you provided is sufficient as an overview of the project itself.
However, the drawing is at such a small scale that it is difficult to read and
reproduce. You should revise the plan drawing utilizing a 1:100 scale,
indicating fill and excavation areas associated with this application. This
scale is easier to comprehend and reproduce. You should also provide a
typical cross-section view at an appropriate scale. A 1-inch margin should be
left at the top edge of each 8 1/2 by 11 inch sheet for purposes of
reproduction and binding. A 1/2-inch margin should be left on the three other
edges. Match-line drawings are acceptable if necessary.
b. The location of all wetlands in the project area (i.e., swamps,
marshes, etc.) must be clearly shown. This includes wetland areas already
filled and those proposed to be mechanically cleared, excavated, or filled.
Thank you for your time and cooperation. These revisions should be
forwarded to us within 2 weeks of your receipt of this letter. If you have
any questions, please do not hesitate to contact Mr. Gary Mitchell, Washington
Regulatory Field office, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure)
Mr. L ry Baldwin
Lan Management Group
P t Office Box 2522
ilmington, North Carolina 28402
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health, and Natural Resources a
Post Office Box 27687
Raleigh, North Carolina 27611-7687
i
r
W. ROY POOLE, INC.
Phone [phone] a 1100 Hardee Road • Kinston, N.C. 28501-3389
General Contractors . _ ... .m. w.?
j i
February 11, 1992
Mr. G. Wayne Wright
Chief, Regulatory Branch
Department of . the Army
Wilmington District, Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
RE: Action ID 199100321
Dear Mr. Wright:
I received your letter concerning our permit requesting the
filling of our land on US 70, Kinston, N.C.
In your letter you requested additional information on six
items. First was concerning Mr. Larry Baldwin, Land
Management.Group. Mr. Baldwin is our agent in charge of this
project. Item 5, we would like to advise that Barrus
Construction Co. owns the land on the east side of our
property and Cauley Construction owns the land on the west
side of our property. This is shown on our map of the land
presented with application.
The other four items will be presented to you by Mr. Larry
Baldwin, our agent.
I am just returning to our office from having the flu, and
that is the delay in writing you.
Thank you for all the help you can give us.
Sin erel your ,
W. R Poole
WRP/rch
cc: Mr. Larry Baldwin
Mr. Tom Jarman
??,?Zd ,/? ??zt IWUA, JwC.
govt C)Fm Ax 2511
Vdm&,yZm, oWA %6okna 18401
37-d- 9'19-452-0001
YIO&d 919. dimd 996A Y4
°w ylym..1oetiaan 3805'w"?PIAWYA Ammm
1. %., ..- 94dm y&n, ?I'FQ 284,03
DATE: DECEMBER 27, 1991
SUBJECT: INDIVIDUAL 404 PERMIT APPLICATION FOR 3.25 ACRES OF
FILL WITHIN 404 WETLANDS OF THE W. ROY POOLE TRACT.
LOCATED ON THE SOUTHERN SIDE OF U.S. HWY 70/258
1000 FT EAST OF U.S. HWY 258/N.C. HWY 58 INTERSEC-
TION, SW KINSTON, LENOIR COUNTY, NORTH CAROLINA.
TO: MR. DAVID FRANKLIN MR. W. ROY POOLE
REGULATORY, PERMITTING C/O MR. TOM JARMAN
CORPS OF ENGINEERS (AND) P.O. BOX 32
P.O. BOX 1890 HARKER'S ISLAND, NC
WILMINGTON, NC 28402 28531
[phone] [phone]
AN INDIVIDUAL 404 PERMIT IS BEING REQUESTED TO FILL 3.25 ACRES OF
404 WETLANDS. THE FILL REQUEST IS ALONG THE SOUT_HE-RN SIDE OF
U.S. HWY 70/258 WITHIN THE W. ROY POOLE TRACT ("125 Acres, Map
Enclosed) WHICH IS SOUTHWEST OF KINSTON, WITHIN LENOIR COUNTY, NC.
THE AREA IS PLANNED TO BE USED FOR 1 TO 3 LIGHT COMMERCIAL LOTS.
THE FOOTPRINT OF THE PROPOSED FILL WILL BE 470 FT ALONG U.S. HWY
70/258 AND 301 FT BACK FROM THE HIGHWAY IN A SOUTHERLY DIRECTION.
THE FILL WOULD BE "8-9 FT THICK. THE AREA OF PROPOSED FILL IS
CLASSIFIED AS "ADJACENT" 404 WETLANDS, AS IT IS CONTIGUOUS TO THE
FLOODPLAINS OF THE NEUSE RIVER AND WITHIN THE 100 YEAR FLOOD
LEVEL. THE PROPOSED FILL AREA IS -4500 LINEAR FEET FROM THE
NEUSE RIVER. THE PRESENT ELEVATION OF THIS AREA IS BETWEEN 25-35
FT. THE FILL WILL BE KEPT ON-SITE BY TAPERING ALL NON-HIGHWAY
SIDES WITH 2:1 SIDESOPES AND WITH THE USE OF SILT FENCING WITH X-
FILTER CLOTH/BALED MULCH AT THE FILL BASE. THE SITE WILL PERMA-
NENTLY GRASSED AFTER THE FINAL GRADE IS ATTAINED TO STABILIZE THE
FILL AND PREVENT EROSION/SEDIMENTATION.
IN ORDER TO 'COMPLY WITH THE INTENT OF 404 REGULATIONS OF "NO NET
WETLANDS LOSS", THE PROPOSED FILL WILL BE MITIGATED BY CREATING
IN-KIND 404 WETLANDS FROM UPLANDS AT A 2 FOR 1 RATIO ( i . e . 6.50
Ac Mitigated Uplands Converted To Wetlands For 3.25 Ac Fill).
THE MITIGATION WILL BE ON THE SAME TRACT OR WITHIN CLOSE VICINI-
TY. WE WOULD LIKE TO CONSULT WITH CONCERNED FEDERAL AND STATE
AGENCIES AS TO WHICH AREAS OF MITIGATION ARE MOST DESIRABLE. THE
ENCLOSED MAP SHOWS AREAS PROPOSED FOR FILL AND FOR MITIGATION.

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Please type or print. Carefully describe all an-
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing, and
stormwater control. If the requested information is
not relevant to your project, write N/A (not ap-
plicable). Items 1-4 and 879 must be completed for
all cis .
d. Describe the valcm-ek ed use of the project. ,
/ ake%N+erci a/ ?e
14
4 - WATER =
proie . ? ERISTICS •='ry
-- C;HARAC;T
I •=APPLICANT ' a. Size of entire tract
,
.
/
Id
h L
R
Q b.
- Size of individual lot(s) 4
a. Name ,
a °
a
rrr Z
a ?
,?,
?c. Elevation of tract above mean sea level or Na-
Address P, o,,Box 2 5 2- -L-, l
tional Geodetic Vertical Datum _Zr) _
City State ' N G
" d. Soil type(s) and texture(s) of tract %H c teh?
Zip Z 2-aoo/
2 ?Dayphone X3 '
r'?,-,.,?/.,. P??.tr,..?,.t?. G??/rA/?H?/-i
Vegetation on tract SK. a e- 7 W Ed P
L 9
Man-made eatures now on tract r ° r r-, •?
What is the CAMA Land Use Plan Classifica-
tion of the site? (Consult the local land use
plan.
Conservation Transitional
Developed Community
Y Rural Other
How/n1is the tract zoned by local government?
/Y,P4/ -CAAJ'evdAf1614
How are adjacent waters classified?
Has a professional archaeological survey been
carried out for the tract? /f /0
If so, by whom?

c. County ?- e n o i h n
4? Z2*
d. Is proposed work within city limits or planning 5 UPLAND DEVELOPMEI??,
jurisdiction? A/c
e. Name 9f body of water n est project L Complete this section P he project includes y
/ V R 1.l.SP /? i dr'r ./mod 9 C I?PC• /T IFi/
upland development. 4„ 3.23 A-
a. Type and number of buildings, facilities, or
3 DESCRIPTION AND PLANNED, structur proposed /a4 44 Al COlT, ,a Pvc J a/
USE OF PROPOSED PROJECT /?"' ? `s
b Z TL f I
is
Landowner or Authorized agent e.
T andowner
b. Project name (if any)
c. If the applicant is not the landowner, also give f.
the owner's name and address. g.
Mr, W. R ov inn/e
A ?C
41:, 11 C-' ,Z a
2. LOCATION OF PROPOSED
PROJECT h.
a. Street address or secondary road number a, ?S. H!4y 70 -2.5R e PC -S j'
b.' City, t wn, community, or landmark
/HSfQH NC
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bulkhead,, or pier).
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b: Is the proposed activity maintenance of an
fisting project, new work., or both! _A1
um er o ots or parce
c. Density (Give the number of raid tial units
and the units per acre.) = /Z A,
d.
C.
c. Will the project be for community, private, or
commercial use? f..
?..
G/'A?r7 riOMpin Per,AT
Size of area to be graded or disturbed
4oa-76 "Td she F, 1e-d
If the proposed project will disturb more than
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation control plan at least 30 days before land
disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
suk sited to the, Division of Land Resources?
/U6. klill heaPA/led ip~ 3 6 doVS?h--tuv?.
Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pavemept,
buildings, or rooftops.
•"1 g. List the materials, such asMmarl,, paver stone,
a ¢to lie .used'for paved '
isphalt, or.,?O
h. If applicable, has a stormwater management
plan been submitted. to the Divis?or? of En-
vironrrientai Management? °
Describe proposed sewage disposal and/or waste
"wat treygnent facilities.
i s` Have. these` faeppes received state or local
'
? • X'
approval. 10
'Describe ??g,aeatmenc faciiiues:
fill .
1. Describe location and type of discharges to
waters of the state (for exampiersurface runoff,
sanitary wastewater, industriallcommercial
S7?arn, wa7?e?
effluen;, or wash down"). - .. t
M.:-Water supply source G , /'H s a
n. If the project is oceanfront development,
describe the steps that, will be taken to main-
tain established public b c 1essways or pro
vide new access.
o. If the project is on the oceanfront, what will
be the elevation above 11mea evel of the
first habitable floor?
6 EXCAVATION AND FILL'
INFORMATION
a. Describe the purpose o, proposed excava-
_ - tion or ill activs excluding bulkheads;
„which are cove itie m Section ?)
r Width .., Depth
sw ¢'...
Access channel
(MM or (NWL)
Boat basin
Other (break-
water, pier.
J =
boat ramp
rock. jetty) ?.
Fill 'laced to
i
3 25Ac.. r below 7 ? 4 a-'3 0,0
F01: MRW75t
?:..Upland'fill
areas
L X C (?rl
e
b. Amount of material to be excavated from
N/yards
below water ? level in cubic
A-
c. -Type of material
d.' Does the area to be excavated include a h- .
land, swamps, or other wetlands. 00
e. High ground excavation, in cubic yar4
f. Dimensions of spoil disposal area 3 0 9-7
Location of spoil disposal area d- a e cNt o
g• .
?:.... /ilk wy 7O 'oh
h: Do you claim title to .the disposal areas.
If not, attach a letter granting permission from
the owner... -----F
L Will a disposal area be `a i,,}}able for future
maintenance? /
=
If so, where?'
j. Does the disposal area include any marshland,
swampland: or water areas?
k.. Will the fill material, tie placed below mean
high water? o
1. Amount of fill in cubic yards
m. Type of fill material S 4'ra M ` aN?i Clay
n. Source of fill material 04Y W, 6,4& mac Goaw?
o. Will fill material be placed on marsh or other
wetlands? ?3 oa' x 4
p. Dimensions o (the wetland to be filled 3
q. How will excavated or fill material be kept on
site and erosion coptrolled? IF/ / f Fin c/*
f? d X` ?/ ev C?a7R ac p/,
?. ; 4 6Q /P ^+ u ICA 77
r. What type of construction equipment will be
used (for example, dra line backhoe, o; /?,A f
hyd ulicdredge)?
. Z Y) ua, Tru er
s. Will wetlands be crossed i transporting equip-
ment to the project site? If yes, explain
the steps` that will be taken to lessen en-
vironmental impacts."---
71 SHORELINE STABILIZATION
a. Length of bulkhead or riprap
b. Average distance waterward of meat?i water
or normal water level
c. Shoreline erosion during preceding months,
in feet
d. Type of bulkhead material
e. ° Amount of fill, in cubic yards, to be ed
below mean high water
f Type of fill material
N/ff
2
A IDITIQNA OAMATION
In addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
?af other instrument under which the applicant, claims
title to the affected property. If the applicant. is not
claiming to be the owner of said property, then ard a c -
opy of the deed or other instrument under
sw
which the owner claims title, plus written permis.
sion from the owner to carry out the project.
An accurate work plat (including plan view and
?f fAC dcross sectional drawings) drawn to scale in black
ink on 8 Vz x 11 white paper. (Refer to Coastal
Resources Commission Rule 7J.0203 for a detailed
description.)
Please note that original, drawings are preferred and
only high quality' copies will *be accepted. Blue-line
prints or other larger plats are acceptable only if 16
high quality copies are "provided by the applicant.
(Contact the. U.S. Army Corps of Engineers regard-
ing that agency's use of larger drawings.) A site or
?j location map is .a part of plat requirements and it
3 must be sufficiently detailed to guide agency per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
A stormwater management plan, if applicable, that
' II Div is ohave been nof Environmental 1Management. with the
f
?Preva
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
N/? individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113-229(d).
Name
Address

A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee, and issuing dates.
A16 M v_
A check for $100 made payable to the. Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
-application.
A signed AEC hazard notice for projects in ocean-
N/ front and inlet areas.
A statement bn the use of public funds. If the
project involves the expenditure of public funds, at-
)v A tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PERMIS'^
SION TO ENTER ON LANI?'?:--
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
I further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands. in connection with ;
evaluating information related to this permit ap-
plication and follow-up monitoring of 'project.
This is the 2 9 day of ?? cep er ,
19 9 /
Landowner r Authorized agent L a„d 4. t, IM10
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
3
Y 9 Y ??? V Q
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a b p V? •/ Ofi/I t
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ry • s? . s :/ ?`j ? ? • ? n G-4 :n a o. ? ? ^I aL c.Ru1?`' ` r
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10 FQ L rti ^'/ ,? - • ?? ?? _ '«'ll fr. ./ , -I a 1:; e?
a
U. S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
I- I
SOIL LEGEND
The first capital letter is the initial one of the soil name. The second letter is a lower
case letter for a detailed mapping unit and a capital letter for a broadly defined mapping .
unit. 1/
SYMBOL NAME
BB Bibb soils, frequently flooded
Bn Blanton sand, 0 to 6 percent slopes
Ch Chewacla loam, frequently flooded
Co Coxviile loam
Cr Craven fine sandy loam, 1 to 4 percent slopes
Cv Craven fine sandy loam, 4 to B percent slopes
Go Goldsboro loamy sand, 0 to 2 percent slopes
Gr Grifton sandy loam
Jo Johns sandy loam
is Johnston soils
Ka Kalmia loamy sand, 0 to 2 percent slopes
Kb Kalmia loamy sand, 2 to 6 percent slopes
Ke Kenansville loamy sand, 0 to 6 percent slopes
Kn Kinston loam, frequently flooded
La Lakeland sand, 0 to 6 percent slopes
Le Leafloam
Ln Lenoir loam
Lo Leon sand
Lu Lumbee sandy loam
Ly Lynchburg sandy loam
Me Meggett fine sandy loam
Mu Murville fine sand
Na Norfolk loamy sand, 0 to 2 percent slopes
Nb Norfolk.loamy sand, 2 to 6 percent slopes
Nc' Norfolk loamy sand, 6 to 10 percent slopes
Pa Pactolus loamy sand
Pc Pamlico muck _
Pe Pantego loam
Po Pocalla loamy sand, 0 to 6.percent slopes
Pr Portsmouth loam
Ra Rains sandy loam
St Stallings loamy sand
To Torhunta loam
Uo Umbric Ochraqualfs
Wb Wagram loamy sand, 0 to 6 percent slopes
We Wagram loamy sand, 6 to 10 percent slopes
'
Wd s
Wagram loamy sand, 10 to 15 percent slope
1
Delineations generally are much larger and the compbeition of the unit is apt to be more variable than
for other units in the survey area. Mapping has been controlled well enough, however, for the
anticipated uses of the soils.

1333 005 = HONI L :31VOS
'O'N AiNnoO HION3- • -- d38V NO1SNIN
S380V 931 1Od81 3100d'AOU '.M
-." ' .
4tv`? g t ?-
d .: S11A tC
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO January 16, 1992
Regulatory Branch
Action ID. 199100321
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
S: March 16, 1992
_' C 11Tr
?• ",
ems,
Enclosed is the application of Mr. W. Roy Poole, for after-the-fact
Department of the Army authorization and a State Water Quality Certification
to permit the placement of fill material in 3.25 acres of wetlands adjacent to
Falling Creek and the Neuse River, Kinston, Lenoir 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 may be 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, 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 by March 16, 1992, the
District Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. Gary Mitchell, Washington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
ne Wri t
hief, Regulatory Branch
Enclosure
AmuWxmewt 5wt,96, Anc.
goal Ufp .1Vax 2522
vd.iv", ?YowA war,", 28402
.?'Jel 999-452-0009
9...y g:
°W.?te?/t..iamc DECEMBER 27, 1991
MR. WILLIAM MILLS/MR. JOHN DORNEY
WATER QUALITY SECTION
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPT OF NATURAL RESOURCES &. COMMUNITY
P.O. BOX 27687
RALEIGH, NC 27611-7687
DEAR MR. MILLS & MR. DORNEY:
v ? u
JAS ?9?
RE??1 UA itY
W p'iER Q
p?annin9 Bran&
A& 94
3805 °wrlg/d4cW c ,
'Odic ,Wk a, M 213403
PLEASE FIND THE ENCLOSED APPLICATION FOR A "NC 401 WATER QUALITY
CERTIFICATION" FOR YOUR DEPARTMENTS' REVIEW. THE 401 CERTIFICA-
TION IS NEEDED AS PART OF AN INDIVIDUAL 404 PERMIT APPLICATION TO
THE CORPS OF ENGINEERS/EPA FOR FILL IMPROVEMENTS WITHIN A 3.25
ACRE AREA OF "ADJACENT" 404 WETLANDS. PART OF THIS PERMIT
APPLICATION IS TO MITIGATE BY CREATING SIMILAR 404 WETLANDS FROM
UPLANDS ON A 2 FOR 1 RATIO.
YOUR IMMEDIATE ATTENTION TO THIS APPLICATION WILL BE APPRECIATED.
IF THERE ARE ANY QUESTIONS OR MORE INFORMATION IS NEEDED PLEASE
DO NOT HESITATE TO CALL, OR WRITE.
SINCERELY,
LARRY F. BALDWIN
CPSS/SC #2183
goof U)fire .06. 2522
Wdmaimylm, ./Yom eta 28402
.lei: 999-452-000f
Y. .?Jae??e ? ?'Amd
dtolat
Gw. ??/? .?o?eiaon
DATE: DECEMBER 27, 1991
gulle 94
..T..y Ad, elpa mad
3805 °N/f*/wm w& .4m w
9"ming4n, aff 28403
SUBJECT: INDIVIDUAL 404 PERMIT APPLICATION FOR 3.25 ACRES OF
FILL WITHIN 404 WETLANDS OF THE W. ROY POOLE TRACT.
LOCATED ON THE SOUTHERN SIDE OF U.S. HWY 70/258
1000 FT EAST OF U.S. HWY 258/N.C. HWY 58 INTERSEC-
TION, SW KINSTON, LENOIR COUNTY, NORTH CAROLINA.
TO: MR. DAVID FRANKLIN MR. W. ROY POOLE
REGULATORY, PERMITTING C/O MR. TOM JARMAN
CORPS OF ENGINEERS (AND) P.O. BOX 32
P.O. BOX 1890 HARKER'S ISLAND, NC
WILMINGTON, NC 28402 28531
[phone] [phone]
AN INDIVIDUAL 404 PERMIT IS BEING REQUESTED TO FILL 3.25 ACRES OF
404 WETLANDS. THE FILL REQUEST IS ALONG THE SOUTHImN SIDE OF
U.S. HWY 70/258 WITHIN THE W. ROY POOLE TRACT ("125 Acres, Map
Enclosed) WHICH IS SOUTHWEST OF KINSTON, WITHIN LENOIR COUNTY, NC.
THE AREA IS PLANNED TO BE USED"FOR 1 TO 3 LIGHT COMMERCIAL LOTS.
THE FOOTPRINT OF THE PROPOSED FILL WILL BE 470 FT ALONG U.S. HWY
70/258 AND 301 FT BACK FROM THE HIGHWAY IN A SOUTHERLY DIRECTION.
THE FILL WOULD BE "8-9 FT THICK. THE AREA OF PROPOSED FILL IS
CLASSIFIED AS "ADJACENT" 404 WETLANDS, AS IT IS CONTIGUOUS TO THE
FLOODPLAINS OF THE NEUSE RIVER AND WITHIN THE 100 YEAR FLOOD
LEVEL. THE PROPOSED FILL AREA IS "4500 LINEAR FEFT FROM THE
NEUSE RIVER. THE PRESENT ELEVATION OF THIS AREA IS BETWEEN 25-35
FT. THE FILL WILL BE KEPT ON-SITE BY TAPERING ALL NON-HIGHWAY
SIDES WITH 2:1 SIDESOPES AND WITH THE USE OF SILT FENCING WITH X-
FILTER CLOTH/BALED MULCH AT THE FILL BASE. THE SITE WILL PERMA-
NENTLY GRASSED AFTER THE FINAL GRADE IS ATTAINED TO STABILIZE THE
FILL AND PREVENT EROSION/SEDIMENTATION.
IN ORDER TO COMPLY WITH THE INTENT OF 404 REGULATIONS OF "NO NET
WETLANDS LOSS", THE PROPOSED FILL WILL BE MITIGATED BY CREATING
I`-KIND 404 WETLANDS FROM UPLANDS AT A 2 FOR 1 RATIO (i.e. 6.50
Ac Mitigated Uplands Converted To Wetlands For 3.25 Ac Fill).
THE MITIGATION WILL BE ON THE SAME TRACT OR WITHIN CLOSE VICINI-
TY. WE WOULD LIKE TO CONSULT WITH CONCERNED FEDERAL AND STATE
AGENCIES AS TO WHICH AREAS OF MITIGATION ARE MOST DESIRABLE. THE
ENCLOSED MAP SHOWS AREAS PROPOSED FOR FILL AND FOR MITIGATION.
17) J.
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO May 20, 1992
Regulatory Branch
Action ID. 199100321
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Dear. Mr. Dorney:
MAY 2 z
Enclosed is the After-the-fact permit application of Mr. W. Roy Poole, for
Department of the Army authorization and a State Water Quality Certification
to, authorize the placement of approximately 44,489 cubic yards of fill
material in wooded wetlands adjacent to the Neuse River to create high ground
in conjunction with the construction of a commercial building, approximately
1.8 miles west of NC 11/55, along the southern right way of U.S. 70/258, south
of Hillcrest Road, in Kinston, Lenoir 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 may be 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, 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 by July 20, 1992 the District
Engineer will deem that waiver has occurred.
-z-
Thank you for your time and cooperation. Questions or comments may be.
addressed to Mr. Gary Mitchell, Washington Regulatory Field Office, telephone
(919-975-5811)
Sincerely,
ne Wri h
hie Regul cry Branch
Enclosure
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
vnu? u
gAt ClAw Jc x 2522
9Vdm& f n, JY" %6o"a 28402
JQ ye9-452-000Y
Adel 1. Ift- l
g
?w. ?r??,? .?atieon
FEBRUARY 29, 1992
MR. CLIFF WEINFORDNER
REGULATORY, PERMITTING
CORPS OF ENGINEERS AND
P.O. BOX 1890
WILMINGTON, NC 28402
[phone]
DEAR MR. WEINFORDNER:
RECEIVED
MAR1;1992
REGULATORY BRANCH
MR. W. ROY POOL
C/O MR. TOM JARMAN
P.O. BOX 32 fl`
HARKER'S ISLAND, NC
[phone]
gaz& M
Ofspk
' Vdmi #&n, ?ff .'5840.7
28531
WE ARE RESPONDING TO YOUR LETTER OF FEBRUARY 4, 1992 REGARDING
THE W. ROY POOLE INDIVIDUAL 404 PERMIT FOR FILL ON U.S. HWY 70,
KINSTON AREA, LENOIR COUNTY, NORTH CAROLINA.
1--MR. W. ROY POOLE SENT YOU A LEETER DESIGNATING LAND MANAGEMENT
GROUP-LARRY F. BALDWIN AS THE AGENT ACTING IN BEHALF OF THIS
PROJECT.
2--THE AREA TO BE FILLED IS JURISDICTIONAL 404 WETLANDS UNDER THE
1987 FEDERAL WETLANDS MANUAL, THUS NO WETLANDS DELINEATION IS
NEEDED ON THIS PORTION OF THE PROJECT. THE AREA TO BE EXCAVATED
AND USED FOR MITIGATION IS OFF-SITE ON ANOTHER POOLE TRACT. THE
MITIGATION AREA'S 404 WETLANDS LINE HAS BEEN eOT FLAGGED. WE
WOULD LIKE TO REVIEW THIS AREA WITH YOUR AGENCY TO DETERMINE IF
THE MITIGATION AREA IS SUITABLE FOR THIS PURPOSE BEFORE SPENDING
A GREAT DEAL OF TIME AND MONEY ON IT. THE EXCAVATION/MITIGATION
PLAN IS ENCLOSED AS REQUESTED.
3, 4, & 5--THE INFORMATION REQUESTED HAS BEEN UPDATED ON THE
REVISED PERMIT APPLICAITON ENCLOSED.
6--THE 3.25 Ac FILL PLAN IS ENCLOSED AT A SCALE OF 1' = 100'.
THE 6.50 Ac EXCAVATION/MITIGATION PLAN IS ENCLOSED AT A SCALE OF
1" = 200'. WE WOULD LIKE TO REVIEW THIS AREA BEFORE APPROVAL
BEFORE SPENDING A GREAT DEAL OF TIME AND MONEY ON FURTHER PLAN-
NING. THESE AREAS ARE DESIGNATED ON THE SCS SOILS MAP ENCLOSED.
IF FURTHER INFORMATION IS NEEDED PLEASE NOTIFY US. PLEASE SCHED-
ULE A TIME WHEN YOU CAN REVIEW THE MITIGATION AREA FOR APPROVAL.
LARRY F. BALDWIN, CPSS/SC
cc Mr. John Dorney, N.C.D.E.M.
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W - ROY POOLE PERM 1r (Ravi secl )

y Please type or print. Carefully describe all an- d. Describe the planned use of the project. ,
ticipated development activities, including construc-
tion, excavation, filling, paving, land clearing. and
stormwater°control. If the requested information is -
not relevant to your project, write NIA (not ap-
,
and &9 must be complet6d1ei?.ElV
plicabl_
e). Items 1-4 : LAND AND WATER
-all projects.
MA R t

- ...?:
1992;-'

1=APPLICANT --? - _00111'Al RY BRAN#"1 Size of entire tract

I a
&I
F b. Size of individual lot(s) /! T -
3
r ?'
a. Name Elevation of tract above mean sea level or Na-
dress , o, Re, x tional Geodetic Vertical Datum
City ' Im r„ s h State N G d. Soil type(s) and texture(s) of tract fT r'H ° t?h
Zip ? z- Day phone ti,-..,.,1..
/ep
Landowner or _ < Authorized agent e. ?,
Vegetation on tract Sk, r r fo ., Mf, R pa M^jd/p,,
b. Project name (if any) ?'?•..-^?-
--
l
l
d f. Man-made eatures now on?ract
f
owner, a
so give
an
c. If the applicant is not the „ , ,, „ ^ f , ,., ; -
- : r• _S
the owner's name and address. g. What is the LAMA Land Use Plan Classifica-
j d' /3 ??^ /''
r tion of the site? (Consult the local land use
"
/0. /w er
? plan.
l
i
i
T
ona
t
rans
Conservation
•';, . 4-- ., /E!(' R Se A Developed Community
2. LOCATION OF PROPOSED Y Rural Other
PROTECT h• Howthe tract zoned by local government?

L How are adjacent waters classified?
a. Street address or secondary road number
" j• Has a professional archaeological survey been
70 2-5R 0` /VC ,3
R
' carried out for the tract?
community, or landmark
wn
,
b. Ci
ry, tp If so, by whom? -'-
7 NG
.,7 t o ("
1
"

eh ih
c. County •
d. Is proposed work within city limits or planning

5 UPLAND DEVELOPMEN --,
jurisdiction? /Vn :..3.
e. Nam 99f body of water n est project
?J,o ///,+,. t'. fie, /r Complete this section i a project includes y
upland development. D„ 3.2 3 A- F: N9
a. Type and number of buildings, facilities, or
3 DESCRIPTION AND PLANNED, structuproposed/-:,-Z / t C e%
/7
USE OF PROPOSED PROJECT
..._ ......... . ..
,,,
?.S ? rrr ?nvrAi? Mn?Pvr`n/ ?Yei... /./a/wH?
.
b. ,
Number of lots or parcels /
a. Describe all development activities you propose c. Density (Give the number of resid tial units
(for example, building a home, motel, marina, and the units per acre.) /
bulkhead,, or pier). ,
f
^ ' d. Size of area to be graded or disturbed `j/_) /)Pr
f
'
/D
AV -Ti- TA ?Af` r I?POi . 4C
C. If the proposed project will disturb more than T ,Br
one acre of land, the Division of Land Ex«+mafe
If you plan to build a marina, also complete Resources must receive an erosion and sedimen-
and attach Form DCM-MP-l. tation control plan at least 30 days before land
b. Is the proposed activity maintenance of an ex-
fisting project, new work, or both? 1111,4 disturbing activity begins. If applicable, has a

sedimentation and erosion control plan been

C. Will the project be for community, private, or su muted to the Division of Land Resources?
o , ?1/i /1 hr inn /? ?? PoY• ,_3 d "/,i r/ S ?? F??,
commercial use? f. Give the percentage of the tract within 75 feet
G % f Co n, rye Arm in of mean high water to be covered by im-
permeable surfaces, such as pav r int,
buildings, or rooftops. .•
i
g, List the materials, such as mart. paver stone,
asphalt. or concrete to be used for paved nns
surfaces.
h. If applicable, has a stormwater management
plan been submitted to the Divi31op of En-
vironmental Management? •
i. Describe proposed sewage disposal and/or waste
war treagrienc facilities. C f ?, e
)er j N ? A N
j. Have these facilities received state or local
approval? !a
k. Describe exiscii aeatment facilities.
N/ f?
1. Describe location and type of discharges to
waters of the state (for exampiersurface runoff,
sanitary wastewater, industriallcommercial
effluen?. or "wash down").
m. Water supply source C % f' a F A-' °"
n. If the project is oceanfront development,
describe the steps that will be taken to main-
tain established public b ch c essways or pro-
vide new accros•
a..If the'project is on the oceanfront. what will
be the elevation above mea evel of the
first habitable floor?
6 EXCAVATION AND FILL
INFORMATION
a. Describe purpose of proposed excava-
tion or Z*th?) exclug bulkheads,
which are cin Section 7).
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
ruck jetty)
Fill laced in
3, Z 5A? w r below
Fol MH
. s 14- upland fill
Ex c 41 vck i erg areas
Length Width Depth
F
300
Lxc,nv- I , . . r
b. Amount of material to be excavated from ?
below water level in cubic yards'
c. Type of material
d. Does the area to be excavated include ma
land. swamps, or other wetlands? na
e. High ground excavation, in cubic yards X 4-- 19 f. Dimensions of spoil disposal area ??' rt r.H t t?
g. Location of spoil disposal area
11f I #wy -7d
h. Do you claim title to the disposal area? ! As
If not, attach a letter granting permission from
the owner.
Will a disposal area be a*Jable for future
maintenance?
If so, where?
Does the disposal area include any marshland,
swampland; or water areas? y<° s ; S?oS? W? //,""4
k. Will the fill material, lie placed below mean
high water? n
Amount of fill in cubic yards
3 1, m. Type of fill material S'.• n L ??? "' ?s C/may
n. Source of fill material
o. Will fill material be placed on marsh or other
wetlands? ,- `3 nn' x &- 74
P. Dimensions o (the wetland to be filled 311.
q. How will excavated or fill material be kept on
S. FrNCit??
site an erosion co7ntrolled. It /
y
i

r. What type of construction equipment will be
used (for example, dra line backhoe, o
-- 7r?i f f- ^"
hyd ulic dredge)? J'I
rs c>Y 7 f7- r
s. Will wetlands be crossed ip?''transporting equip-
ment to the project site? lV^ If yes, explain
the steps that will be taken to lessen en-
vironmental impacts.
7 SHORELINE STABILIZATION
a. Length of bulkhead or riprap V/ z '
b. Average distance wacerward of meat Ahi water
or normal water level
c. Shoreline erosion during preceding months,
in feet
d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be I ed
below mean high water
f. Type of fill material ti
2
\ I
=s "ADDMONAL.?INEORMATION
,...'
In addition to the completed application form, the
following items must be submitted:
.A copy of the deed (with state application only) or
p ?Q f other instrument under which the applicant claims
title to the affected property. If the applicant is not
` claiming to be the owner of said property, then for.
ward a copy of the deed or other instrument under
which the owner claims title, plus written .permis-
sion from the owner to carry out the project.
An accurate work plat (including plan view and
ff,,,A e)cross sectional drawings) drawn to scale in black
ink on 8 1h x 11 white paper. (Refer to Coastal
Resources Commission Rule 7J.0203 for a detailed
description.)
Please note that original drawings are preferred and
only high quality copies will 'be accepted. Blue-line
prints or other larger plats are acceptable only if 16
high quality copies are-provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing that agency's use of larger drawings.) A site or
?a L? f location map is a part of plat requirements and it
,must be sufficiently detailed to guide agency per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
end;,, A stormwater_management plan, if applicable, that
may have been., developed in- consultation with the
Division of Environmental Management.
?P nova
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
N/A individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified snail. This notification is re-
quired by G.S. 113.229(d).
Name 'BeWe' u.r C d ?? r 7?, Cn
Address //, . Nw v 7d Al
h ?r fA N .C
Name ? u ?? ? (' ate. J• f . ?',, .
Address
i y, r f r? f4 -? C
Name
Address

A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers, permittee,,/ and issuing dates.
/V6f4A
A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
/ A signed AEC hazard notice for projects in ocean-
N A front and inlet areas.
A statement bn the use of public funds. If the
project involves the expenditure of public funds, at-
N//4 tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PERMIS
SION TO ENTER ON LANM•s°`'"
Any permit issued in response to this application
will allow only the development descrikied in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
I further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands in connection with.
evaluating information related to this permit ap-
plication and follow-up monitoring of project.
This is the 2-,3 t day of --L e C e, tir
19--2-/.
Xi sC_
-f, &--w,,,o
Landowner d Authorized agent L A N d 1/I
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM. office and addresses and phone number.
CREviseol .2-/2Z/9L
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PROPOSED F I LL AREA W I TH I N THE
W _ ROY POOLE TRACT (3 _ 2 5 Ac r ta s )
SCALE: 1 Inch = 100 Feet
U. S. HWY 70
U
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preeville U. S. HIGHWAY 70 To Falli reek-->
(PLANAR VIEW)
® - 404 WETLANDS
PROPOSED FILL AREA LAND MANAGEMENT GROUP
c .r r rr
.4,
(CROSS-SECTIONAL VIEW)
r
PROPOSED EXCAVAT I ON/M I T I GAT I ON AREA
W 1117M I N THE W_ ROY POOLE TRACT (6 - S Ac:)
?o
SCALE: 1 Inch = 200 Feet
-404 WETLANDS
-PROPOSED EXCAVATION/MITIGATION AREA

LAND MANAGEMENT
it 1-.,
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO August 3, 1992
Regulatory Branch Q!1 9
Action ID. 199100321 L2 T i

Mr. W. Roy Poole
Poole Building
1100 Hardy Road
Kinston, North Carolina 28501
Dear Mr. Poole:
UP
By public notice dated May 28, 1992, we announced your application for
Department of the Army (DA) After-The-Fact permit authorization to place fill
material within wetlands adjacent to the Neuse River, off U.S. 70, in Kinston,
Lenoir County, North Carolina.
On February 6, 1990, the DA and the U..S. Environmental Protection Agency
(EPA) signed a memorandum of agreement (MOA) establishing procedures to
determine the type and level of mitigation necessary to comply with the Clean
Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding
impacts to waters and wetlands through the selection of the least damaging,
practicable alternative; second,.taking appropriate and practical steps to
minimize impacts on waters and wetlands; and finally, compensating for any
remaining unavoidable impacts to the extent appropriate and practicable.
Review of your alternatives analysis submitted to us by Mr. Larry Baldwin,
your authorized agent, revealed that the document does not adequately address
the avoidance issue. To enable us to process your application in full
compliance with this MOA, we request that you provide the following additional
information:
- Permits for work within wetlands or other special aquatic sites are
available only if the proposed work is the least environmentally damaging
practicable alternative. Based upon our review of this project, it appears
that you may have other properties in the immediate vicinity that would be
available for development that would not involve waters and/or wetlands
impacts. Please furnish information regarding all other alternatives,
including upland alternatives, to the work for which you have applied, and
provide justification that your selected plan is the least damaging to water
or wetland areas. Please submit your response within 10 days of your receipt
of this letter.
r
-2-
Thank you for your time and cooperation in resolving this matter of
importance. If you have any questions, please contact Mr. Gary A. Mitchell
at telephone [phone].
Copies Furnished:
Mr. Larry Baldwin
Land Management Group
Post Office Box 2522
Wilmington, North Carolina 28402
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
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr -John Dorney_
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mrs. Deborah Sawyer
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 1507
Washington, North Carolina 27889
Mr. Harry Bailey
Land Quality Section
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 1507
Washington, North Carolina 27889

r - JUN 551992
w:T1 Aid[) l l,.i
State of North Carolina VVRILI%
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary Director
June 3, 1992
MEMORANDUM
TO: Dr. George T. Everett, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199201996
dated May 28, 1992 describing an "after-the- fact" project proposed by Mr. V. Roy
Poole, is being circulated to interested state agencies for comments on applicable
Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project
and return this form by June 29, 1992. If you have any questions regarding the
proposed project, please contact me at 733-2293. When appropriate, in-depth
comments with supporting data is requested.
REPLY
This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

Y ?
?d ?1Pn+a
Q+uM
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary Director
June 3, 1992
MEMORANDUM
TO: Dr. George T. Everett, Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199201996
dated May 28, 1992 describing an "after-the- fact" project proposed by )PL-. V. Roy
Poole, is being circulated to interested state agencies for comments on applicable
Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project
and return this form by June 29, 1992. If you have any questions regarding the
proposed project, please contact me at 733-2293. When appropriate, in-depth
comments with supporting data is requested.
REPLY This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199100321 May 28, 1992
PUBLIC NOTICE
MR. W. ROY POOLE, POOLE BUILDING, HARDEE ROAD, Kinston, North Carolina
28501, has applied for a Department of the Army (DA) after-the-fact permit TO
AUTHORIZE THE PLACEMENT OF APPROXIMATELY 44,489 CUBIC YARDS OF FILL MATERIAL
IN WOODED WETLANDS ADJACENT TO THE NEUSE RIVER TO CREATE HIGH GROUND IN
CONJUNCTION WITH THE-CONSTRUCTION OF A COMMERCIAL BUILDING, APPROXIMATELY 1.8
MILES WEST OF NC 11/55, ALONG THE SOUTHERN RIGHT OF WAY OF U.S. 70/258, SOUTH
OF HILLCREST ROAD, in Kinston, Lenoir County, North Carolina.
This public notice does not imply, on the parts of the U.S. Army Corps of
Engineers or other agencies, either favorable or unfavorable opinion of the
work performed; but it is issued to solicit comments on the factors listed
above on which a final decision will be based. Legal action has been
suspended pending the outcome of this consideration.
The following description of the work is taken from data provided by the
applicant, and from observations made during onsite inspections by
representatives of the U.S. Army Corps of Engineers. Plans submitted with the
application show that the applicant is responsible for filling approximately
38,400 square feet (0.88 AC) of bottomland hardwood wetlands adjacent to the
Neuse River. In,addition, the applicant has requested that the fill be
expanded 103,237 square feet (2.37 AC). Therefore, total impacts to wetlands
would equal approximately 141,637 square feet (3.25 AC.). This wetland area is
primarily vegetated with Bald Cypress, Sweet Gum, Red Maple, and assorted
wetland herbaceous undergrowth. The stated purpose of the work is to construct
a building pad 470 feet long by 300 feet wide by an average depth of 8 to 9
feet. A light commercial retail structure is to be constructed on top of the
fill area. Plans showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
DA permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management (DEM) has
determined the applicability of a Water Quality Certificate as required by PL
92-500.
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.
-2-
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 work-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 archeological, scientific, prehistorical, or historical
data may be'lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on 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 U.S. Army 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 U.S. Army
Corps of Engineers to determine whether to issue, modify, condition or deny a
-3-
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 and/or an
Environmental Impact Statement pursuant to the National Environmental Policy
Act. Comments are also used to determine the need for a public hearing and to
determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this DA permit will not be made
until the DEM issues, denies, or waives State certification required by
Section 401 of the.Clean Water Act. The DEM considers whether-or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the DA permit
serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, 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 DEM plans to take final action in the issuance of the Clean Water Act
certification on or after June 20, 1992.
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 Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before June 15, 1992, Attention: Mr. John
Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Gary Mitchell, until 4:15 p.m.,
June 29, 1992, or telephone [phone].
SOIL CONSERVATION SERVICE -
SOIL LEGEND
The first capital letter is the initi al one of the soil name. The second letter is a lower
case letter for a detailed mapping unit and a capital letter for a broadly defined mapping .
unit. 1/
SYMBOL NAME
BB Bibb soils, frequently flooded
Bn Blanton sand, 0 to 6 percent slopes
Ch Chewscla loam, frequently flooded
Co Coxvlile loam
Cr Craven fine sandy loam, 1 to 4 percent slopes
Cv Craven fine sandy loam, 4 to 8 percent slopes
Go Goldsboro loamy sand, 0 to 2 percent slopes
Gr Grifton sandy loam
J0 Johns sandy loam
is Johnston soils
Ks Kalmia loamy sand, 0 to 2 percent slopes
Kb Kalmia loamy sand, 2 to 6 percent slopes
Ke Kenansville loamy sand, 0 to 6 percent slopes
Kn Kinston loam, frequently flooded
La Lakeland sand, 0 to 6 percent slopes
Le Leaf loam
Ln Lenoir loam
Lo Leon sand
Lu Lumbee sandy loam
Ly Lynchburg sandy loam
Me Meggett fine sandy loam
Mu Murville fine sand
Na Norfolk loamy sand, 0 to 2 percent slopes
Nb Norfolk.loamy sand, 2 to 6 percent slopes
NC Norfolk loamy sand, 6 to 10 percent slopes
Ps Pactolus loamy sand
Pc Pamlico muck
Pe Pantego loam
Po Pocalla loamy sand, 0 to 6 percent slopes
Pr Portsmouth loam
Re Rains sandy loam
St Stallings loamy sand
To Torhunta loam
U0 Umbric Ochraqualfs
Wb Wagram loamy sand, 0 to 6 percent slopes
We Wagram loamy sand, 6 to 10 percent slopes
Wd Wagram loamy sand, 10 to 15 percent slopes
1 '
Delineations generally are much larger and the compbeltion of the unit Is apt to be more variable than
for other units in the survey area. Mapping has been controlled well enough, however, for the
anticipated uses of the soils.

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PROPOSED F I LL AREA W I= I N THE
W _ ROY POOLE TRAC r 3- 2 5 Ac r 4E!-f;
SCALE: 1 Inch = 100 Feet
U. S. HWY 70

®- 404 WETLANDS
PROPOSED FILL AREA

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Po reeville U. S. HIGHWAY 70 To Fall
(PLANAR VIEW)
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PROPOSED EXCAVATION/MITIGATION AREA
W I TH IN THE W -ROY POOEE TRACT (6 _ 5 Ac
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SCALE: 1 Inch = 200 Feet
® -404 WETLANDS
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LAND EapRoposED EXCAVATION/MITIGATION AREA LAND MANAGEMENT GFto P
f...q%
TRANSMISSION REPORT

( JUN 25 '92 09:50RM )
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* DATE START REMOTE TERMINAL MODE TIME RESULTS TOTAL DEPT. FILE
* TIME IDENTIFICATION PAGES CODE NO.
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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh, NC 27626-0535
WATER QUALITY SECTION
FAX # [phone]
TELECOPY TO:
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FAX NUMBER: q0 - q5c? ` 006 Q
FROM: J 0 ?t, PHONE: 1 t 7 3 D
NO. OF PAGES, INCLUDING CO R SHEET: 3
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STAIZ
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor June 2, 1992 George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary Director
Mr. Rick Medlin
P.O. Box 7284
Wilmington, N.C. 28406
Dear Mr. Medlin;
RE: Draft 401 Certification conditions
Permit # 92172
New Hanover County
Your request for a 401 Water Quality Certification for the
abovementioned project has been reviewed by the Wilmington
Regional Office and Central Office of the Division of
Environmental Management. Based on this review, we believe that
the Certification can be issued for this project provided that
proper design and monitoring of the proposed mitigation site be
agreed upon in writing by yourself and the Division. The
following conditions are offered for your review and discussion.
After final agreement on the conditions, I will need a letter
from you stating your intent to comply with these conditions.
1. Conduct an ecological investigation of the wetland area
to be filled adjacent to the small drainageway.
This survey will prepare a plant species list for each of
the tree, sapling, shrub and herbaceous layers with
estimates of cover by species where possible. This will
provide a baseline by which to judge mitigation success.
2. Plant appropriate wetland plant species as indicated by
the above analysis. Planting density should result in a
final plant survival of about 300 stems per acre after
three years unless the ecological investigation documents
a lower existing tree density. The following tree
species are suggested: red maple, sweet gum, loblolly
pine, and either willow oak or water oak as well as other
species documented on the site. Oak species are to be
added to increase the wildlife value of the site. A
final list of species to be planted shall be provided and
approved by DEM.
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/4861541 704/663-1699 919/571-4700 919/9466481 919/395-39W 919/890-7007
Pollution Prevention Pays
RO. Box 29535, Raleigh, North Carolina 276260535 Telephone [phone]
An Equal Opp ntmity Affirmative Action Emplowr

Mr. Rick Medlin
June 2, 1992
Page 2
3. A minimum of four permanent vegetation monitoring plots
shall be established. Plots should be monitored
immediately after planting and at the end of each growing
season for three years. Plants present shall be counted
and identified to species where possible. Recordings of
soil chroma, color and hue shall be made at these times
and reported.
4. Hydrology sufficient to meet the criteria outlined in the
1987 Corps of Engineers Wetland Delineation Manual must
be documented. Permanent monitoring wells will be
installed during the first growing season after planting
for this purpose.
5. After the final elevation is established on the
mitigation site, soil shall be stripped from the wetland
area to be filled and deposited on the 1.89 acre created
wetland site. Trees will then be planted at appropriate
densities on the site. A temporary, annual ground cover
will be planted to prevent erosion.
6. Success shall be defined as survival of at least 300
trees (or saplings) per acre of the desired species (or
fewer if docuemnted by the ecological investigation)
after three years and the successful demonstration of
hydrology after three years or less. If these measures
are not achieved, immediate measures will be taken by the
applicant to meet these criteria.
7. Any deviations from these conditions will result in
revocation of the 401 Certification unless DEM agrees in
writing to these changes.
8. Four copies of the annual mitigation monitoring report
shall be submitted to DEM for review by ourselves and
other agencies.
Please contact me by June 10, 1992 to discuss and finalize
these mitigation plans. If you have any questions, please
contact Mr. Ron Ferrell or myself at 919-733-1986.
Sincerely yours,
Joh R. Dorney
cc: Jim Gregson, Wilmington Regional Office
Steve Morrison, Land Management Group