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HomeMy WebLinkAbout20000989 Ver 1_COMPLETE FILE_20000727State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director HPS& R, Inc. 2423A North Marine Blvd Jacksonville, NC 28546 Dear Sirs: T F9?AA • Asm" NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES October 5, 2000 Re: Request for Certification to fill 2.97 acres of wetlands DWQ# 000989 Onslow County We are in receipt of a September 6, 2000 letter from your consultant (Mr. Joey Lawler) regarding minimization of wetland impact and mitigation. This project will remain on hold as complete until you address the following matters: 1) Minimization of wetland impact: The sketchy information submitted in Mr. Lawler's September 8, 2000 letter provides a totally inadequate discussion of alternative designs which could minimize wetland impacts. Since most of the site is uplands, it appears to us that wetland impact minimization would be feasible. A serious examination of alternative site plans is warranted. 2) Mitigation: Mr. Lawler's letter states that he has contacted Mr. Ron Ferrell of the Wetlands Restoration Program to determine if they can satisfy mitigation requirements. However Mr. Ferrell has informed me that he has not been contacted for this project. Please resolve this matter as well. I can be reached at (919) 733-9646 if you have any questions. S& cerely, t J omey Cc: Joanne Steenhuis; DWQ WiRO ' Wilmington Corps of Engineers Ron Ferrell. WRP Joey Lawler; Mitchell & Associates File Copy Wetlands/401 Unit • 1621 Mail Service Center • Raleigh, North Carolina 27669-1621 Telephone 919-733-1786 • FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper Bodenhamer[HPS&R massive confusion Subject: Bodenhamer/HPS&R massive confusion Date: Wed, 18 Oct 2000 16:46:05 -0400 From: Cyndi Karoly <cyndi.karoly@ncmail.net> To: danny.smith@ncmail.net, joanne.steenhuis@ncmail.net, john.dorney@ncmail.net, cyndi.karoly@ncmail.net, Mickey.T.Sugg@saw02.usace.army. mil, todd.st.john@ncmail.net, rob.ridinas@ncmail.net, natasha.powers@ncmail.net, Rick.Shiver@ncmail.net, Brian.Olson@ncmail.net This is a mess. There is a single 400-acre parcel in Onslow County owned by HPS&R, Inc. Currently, there are two outstanding Public Notices from the Corps for two separate project proposals on the same property. Both PN's are dated 9/25/00 and expire 10/27/00. We have four files, two named HPS&R, two named Bodenhamer. HPS&R: On 7/27, Dorney sent the owner a letter asking for details of the IP application. Then on 9/14 the owner's consultant (Mitchell and Associates) sent a letter explaining (very poorly) that they couldn't minimize impacts for the unspecified office building, on a 12.4-acre parcel, for 2.97 acres of wetlands impact. They paid the fee. We put that file on hold pending mitigation on 10/5/00 letter signed by Dorney. There's an e-mail record from Ron Ferrell dated 10/5/00 stating that he hasn't been contacted about mitigation for this site, though the consultant claims they're working on it. No more recent correspondence in file. This is DWQ file #000989. On 6/6/00 the owner's surveying company (John L. Pierce Surveying) send a nationwide application for the same exact HPS&R project, ditto the impacts, also paying the fee. Dorney signed a 6/20/00 letter asking them to tell us which nationwide they were asking for, and to reconcile this application with the other one. No response to date. This is DWQ file #000741. Bodenhamer: We also have an IP application from W.H. Bodenhamer, for a 10- acre parcel on the same 400-acre property, also prepared by Mitchell and Associates. Oddly enough, this is also a 2.97 acre impact (gee, what a coincidence) for an unspecified office building with no meaningful avoidance discussion, no stormwater details, no evidence that WRP will do mitigation. According to the PN, Bodenhamer plans to buy the 10-acre parcel if he gets the permits. On 9/5/00, Joanne Steenhuis put this on hold pending minimization and mitigation and we have no response to date. This is DWQ file #001008. Again, there is no evidence or correspondence to demonstrate that they've got written approval from Ferrell for WRP mitigation. On 6/6/00 the owner's surveying company (John L. Pierce Surveying) send a nationwide application for the same exact BODENHAMER project, ditto the impacts, also paying the fee. Dorney signed a 6/20/00 letter asking them to tell us which nationwide they were asking for, and to reconcile this application with the other Bodenhamer one. No response to date. This is DWQ file #000744. Until we get some unified responses from the owners/applicants/consultants, I'm going to bundle all four of these files and put them in the ON HOLD drawer. Actually, all four files are well past the "3-week response time or the project is withdrawn" period. Ultimately I'll probably withdraw the applications from the surveyor (it's not our fault they didn't get their consultants coordinated as to who was sending the 401 app). DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Action ID No. 200001411 September 25, 2000 PUBLIC NOTICE Mr. John Pierce of HPS&R Inc., 2423A North Marine Blvd., Jacksonville NC 28546, (910) 346-9800, has applied for a Department of the Army (DA) Permit to PLACE FILL MATERIAL INTO 2.97 ACRES OF SECTION 404 WETLANDS IN THE HEADWATERS OF HAMMONDS CREEK FOR RETAIL DEVELOPMENT on the northeast side of Western Boulevard, near the intersection with Henderson Drive, in Jacksonville, Onslow County, North Carolina. The following description of the work is taken from data provided by the applicant and from observations made by a representative of the Corps of Engineers. The stated purpose of the work is to provide minimum high ground necessary to facilitate construction of a building pad for retail development. Plans submitted with the application show the project site located within a 12.4-acre parcel of an approximate 400-acre tract in the headwaters of Hammonds Creek. The proposed activity consists of the discharge of earthen fill material into wetlands for the construction of a proposed retail building. The entire 12.4 acres will be utilized for a parking lot, detention pond, and one retail building. Approximately 11,997 cubic yards will be used for the facility. This parcel is within the same tract of land as Action ID. 200001412 (W. H. Bodenhamer). The wetlands within the project site consist of an early succession of a scrub-shrub pocosin community. In 1997, the majority of the canopy trees were timbered with subsequent bush hogging of undergrowth. Presently, the parcel is sparsely vegetated with Acer Rubrum, Magnolia vir ngiiana, and Gordonia lasianthus canopy, and Osmunda cinnamonia, Woodwardia areolata, and Andropogon flomeratus groundcover. The underlain wetland soil types listed in the project site are Rains fine sandy loam, poorly drained, and Pantego mucky loam, very poorly drained. both soil types are listed in "Hydric Soils of the United States". Plans showing the work are included with this public notice. The applicant has determined that the proposed work is consistent with the North Carolina Coastal Zone Management Plan and has submitted this determination to the North Carolina Division of Coastal Management (NCDCM) for their review and concurrence. This proposal shall be reviewed for the applicability of other actions by North Carolina agencies such as: a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act by the North Carolina Division of Water Quality (NCDWQ). b. The issuance of a permit to dredge and/or fill under North Carolina General Statute 113- 229 by the North Carolina Division of Coastal Management (NCDCM). c. The issuance of a permit under the North Carolina Coastal Area Management Act (CAMA) by the North Carolina Division of Coastal Management (NCDCM) or their delegates. d. The issuance of an easement to fill or otherwise occupy State-owned submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11, and 146-12 by the North Carolina Department of Administration (NCDA) and the North Carolina Council of State. e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality Section, North Carolina Division of Land Resources (NCDLR), pursuant to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66). The requested Department of the Army (DA) permit will be denied if any required State or local authorization and/or certification is denied. No DA permit will be issued until a State coordinated viewpoint is received and reviewed by this agency. Recipients of this notice are encouraged to furnish comments on factors of concern represented by the above agencies directly to the respective agency, with a copy furnished to the Corps of Engineers. This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. The District Engineer's initial determination is that the proposed project would not adversely impact EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. This application is being considered pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer, 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 decided 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 of it. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (according to 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 would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials; Indian Tribes and other interested parties to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to decide whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, North Carolina Division of Water Quality (NCDWQ), Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1621 Mail Service Center, Raleigh, North Carolina 27699-1621, on or before October 13, 2000, Attention: Mr. John Dorney. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mickey T. Sugg, until 4:15 p.m., October 27, 2000, or telephone (910) 251-4811. L4 oa.vU NOU-21 U9 W ' I L5 74.70 N66'09'48"W L6 27.93 S7914'09'W I L7 40.39 N44'46'32"W L8 100.69 N51'47'04"E CURVE TABLE CURVE CHORD 8RG CHORD DELTA / Cl N49'37'05"W 966.56 9'30'39" HPS&R INC. 10.00 ACRE TRACT RADIUS ARC TANGENT 5829.58 967.67 484.95 'AROLINA - SHEET NUMBER 19 11? J?M f . a, Noe-. ' I r?fJ _ Prt \ •:.Ly shee .` r 1 2 MILES 2 KILOMETERS r 1.' d? Srl, C1 3. 1 S10E SLOPES ATURAL GR Typical Fill Cross Section Date Prepared: 10 July 2000 Horizontal: 1" = 100' Vertical: 1" = 5' '61 4 7': z ?W YW " 34•a E 77 22'30' 7 SIDE Individual Permit Application - HPS&R Agent: Mitchell & Associates, Inc. 113 West 3rd Street • Greenville NC 27858 252.752.4077 Fx: 252.752.7380 Date Prepared: 1 June 2000 Page 2 of 2 North Carolina Wildlife Resources Commission 9 Charles R. Fullwood, Executive Director MEMORANDUM TO: John Dorney Division of Water Quality Steve Benton Division of Coastal Management Mickey Sugg Army Corps of Engineers FROM: Bennett Wynne Aw Habitat Conservation Program DATE: October 13. 2000 SUBJECT: 401 Water Quality Certification., Consistency Determination, and Army Corps permit application for John Pierce/HPS&R, Inc. property at intersection of Western Boulevard and Henderson Drive, Jacksonville, Onslow County, North Carolina. DWQ No. 000989 and AID No. 1411. The Wildlife Resources Commission has reviewed the project for impacts to wildlife and fishery resources. A site visit was made on October 12, 2000. Our comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), Section 401 of the Clean Water Act (as amended), and North Carolina General Statutes (G. S. 113 -13 1 et seq.). The applicant is seeking authorization to fill 2.97 acres of pocosin wetlands for retail development on Western Boulevard near headwaters of Wolf Swamp, Half Moon Creek, and Mill Creek. Early successional vegetation at the site includes red maple, sweet gum, water oak, yaupon, blueberry, longleaf pine, and common reed. Deer tracks were prevalent and a covey of bobwhite quail were seen along one edge of the property during our site visit. An ephemeral stream channel leads from the property to the ditch along Western Boulevard. Although no flow was evident at the time of our visit, a pool was present which contained mosquitofish and tadpoles. In addition to having wildlife habitat value, site wetlands appear to have stormwater retention and treatment capabilities No mitigation for wetland loss is proposed. We have learned that 2.97 acres of additional wetlands that would be filled under a separate application by W.H. Bodenhamer are located contiguous to the subject wetlands. Mailing Address: Division of Inland Fisheries • 1721 Mail Scrvicc Center • Raleigh, NC 27699-1721 Telephone: (919) 733-3633 ext. 281 • Fax: (919) 715-7643 Bodenhamer & Pierce wetland fill 2 10/13/00 No attempt to avoid, minimize, or mitigate wetland loss appears to have been made for this project. We also suspect that the Bodenhamer project's proximity is sufficient to justify combining wetland impact assessments (and permit applications) for the 2 properties. As things now stand, 5.94 acres of wetlands and their existing uses could be lost at this site. Based on these concerns, we strongly recommend the following. 1. Treat the Bodenhamer and Pierce properties as a single permit application and report wetland impacts accordingly. 2. Plans for both properties will be modified to reflect a genuine effort to comply with the sequencing process of wetland avoidance, impact minimization, and mitigation for unavoidable impacts. Thank you for the opportunity to comment. If you need to discuss these comments or need additional assistance, please call me at (252) 522-9736. Bodenhamer/HPS&R massive confusion Subject: Bodenhamer/HPS&R massive confusion Date: Wed, 18 Oct 2000 16:46:05 -0400 From: Cyndi Karoly <cyndi.karoly@ncmail.net> To: danny.smith@ncmail.net, joanne.steenhuis@ncmail.net, john.dorney@ncmail.net, cyndi.karoly@ncmail.net, Mickey.T.Sugg@saw02.usace.army. mi1, todd.st.john@ncmail.net, rob.ridings@ncmail.net, natasha.powers@ncmail.net, Rick.Shiver@ncmail.net, Brian.Olson@ncmail.net This is a mess. There is a single 400-acre parcel in Onslow County owned by HPS&R, Inc. Currently, there are two outstanding Public Notices from the Corps for two separate project proposals on the same property. Both PN's are dated 9/25/00 and expire 10/27/00. We have four files, two named HPS&R, two named Bodenhamer. HPS&R: On 7/27, Dorney sent the owner a letter asking for details of the IP application. Then on 9/14 the owner's consultant (Mitchell and Associates) sent a letter explaining (very poorly) that they couldn't minimize impacts for the unspecified office building, on a 12.4-acre parcel, for 2.97 acres of wetlands impact. They paid the fee. We put that file on hold pending mitigation on 10/5/00 letter signed by Dorney. There's an e-mail record from Ron Ferrell dated 10/5/00 stating that he hasn't been contacted about mitigation for this site, though the consultant claims they're working on it. No more recent correspondence in file. This is DWQ file #000989. On 6/6/00 the owner's surveying company (John L. Pierce Surveying) send a nationwide application for the same exact HPS&R project, ditto the impacts, also paying the fee. Dorney signed a 6/20/00 letter asking them to tell us which nationwide they were asking for, and to reconcile this application with the other one. No response to date. This is DWQ file #000741. Bodenhamer: We also have an IP application from W.H. Bodenhamer, for a 10- acre parcel on the same 400-acre property, also prepared by Mitchell and Associates. Oddly enough, this is also a 2.97 acre impact (gee, what a coincidence) for an unspecified office building with no meaningful avoidance discussion, no stormwater details, no evidence that WRP will do mitigation. According to the PN, Bodenhamer plans to buy the 10-acre parcel if he gets the permits. On 9/5/00, Joanne Steenhuis put this on hold pending minimization and mitigation and we have no response to date. This is DWQ file #001008. Again, there is no evidence or correspondence to demonstrate that they've got written approval from Ferrell for WRP mitigation. On 6/6/00 the owner's surveying company (John L. Pierce Surveying) send a nationwide application for the same exact BODENHAMER project, ditto the impacts, also paying the fee. Dorney signed a 6/20/00 letter asking them to tell us which nationwide they were asking for, and to reconcile this application with the other Bodenhamer one. No response to date. This is DWQ file #000744. Until we get some unified responses from the owners/applicants/consultants, I'm going to bundle all four of these files and put them in the ON HOLD drawer. Actually, all four files are well past the 113-week response time or the project is withdrawn" period. Ultimately I'll probably withdraw the applications from the surveyor (it's not our fault they didn't get their consultants coordinated as to who was sending the 401 app). 1 of 2 10/18/00 4:48 PN Bodenhamer/HPS&R massive confusion Since these two projects are IP's (although they surely didn't make that apparent to us), the avoidance and minimization discussion will be the Corps' authority. I've left a message with Mickey Sugg, and also via this e-mail, I'm informing him of our concern over the scale of impacts. Also Mickey, we have serious issues with the paucity of stormwater details in each application. We will also keep these on hold pending mitigation. Even if they ever do contact WRP, there's no guarantee that will be acceptable to the Corps for this project. There are notes in the files indicating that Danny Smith and Joanne Steenhuis both have serious problems with these applications. We are nowhere near issuing any 401's for these projects. I hope this clears the fog a bit. Please contact me at 919-733-9721 if you have questions. Let's look on the bright side - we got paid double the fees, and we earned it! 2 of 2 10/18/00 4:48 PM [Fwd: projects # 000989 & 001008] Of H Subject: [Fwd: projects # 000989 & 0010081 Date: Tue, 10 Oct 2000 15:29:15 -0400 From: Danny Smith <danny.smith@ncmail.net> To: cyndi.bell@ncmail.net Subject: projects # 000989 & 001008 Date: Tue, 10 Oct 2000 15:33:03 -0400 From: Joanne Steenhuis <Joanne.Steenhuis@ncmail.net> To: John Dorney <John.Dorney@ncmail.net> CC: Danny Smith <Danny.Smith@ncmail.net> These projects for HPS & R, Inc. and WH Bodenhammer, respectively, are most likely adjacent properties, although neither of them show it. I have a lot of heartburn with these two......... Both are a part of a 400 ac tract, although Bodenhammer doesn't own his, he has a contract on the property so the corps is considering it a separate project. (I was trying for the piece-meal angle). Neither one are specific about the type of project they have in mind ...they are just vacant stores .... I thought they need to be more specific... without the specificity... how can they adequately address the minimization issue? Joanne Steenhuis <Joanne.Steenhuis@ncmail.net> 101,1 10/11/00 12:40 PM Wetlands Tracking Facility Name HPS&R, Inc I County onslow Project Number 00 0989 County2 0Inactive Region Wilmin ton Project Type purpose of commercial I DCM Office Morehead City Location Mill Creek I COE Office Wilmington 401s Last Total Total Total Mit Total Recvd Sent to Recvd Action s mit 401 401 Acres Recvd From Date Region Region Date Feet Last Action Acres Feet APP 7/27/2000 10.3.2000 --J 1.0/5/2000 Hold 401 401 Ill Total for Project: J Inspections/ Violations Inspection Date Inspector Compliant Letter Type Date Sent Reply Date Current St l Ion o?T I I I I-f; Ins ect. I I y - I -iLlo P4) C 1C DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Action ID No. 200001411 September 25, 2000 PUBLIC NOTICE Mr. John Pierce of HPS&R Inc., 2423A North Marine Blvd., Jacksonville NC 28546, (910) 346-9800, has applied for a Department of the Army (DA) Permit to PLACE FILL MATERIAL INTO 2.97 ACRES OF SECTION 404 WETLANDS IN THE HEADWATERS OF HAMMONDS CREEK FOR RETAIL DEVELOPMENT on the northeast side of Western Boulevard, near the intersection with Henderson Drive, in Jacksonville, Onslow County, North Carolina. The following description of the work is taken from data provided by the applicant and from observations made by a representative of the Corps of Engineers. The stated purpose of the work is to provide minimum high ground necessary to facilitate construction of a building pad for retail development. Plans submitted with the application show the project site located within a 12.4-acre parcel of an approximate 400-acre tract in the headwaters of Hammonds Creek. The proposed activity consists of the discharge of earthen fill material into wetlands for the construction of a proposed retail building. The entire 12.4 acres will be utilized for a parking lot, detention pond, and one retail building. Approximately 11,997 cubic yards will be used for the facility. This parcel is within the same tract of land as Action ID. 200001412 (W. H. Bodenhamer). The wetlands within the project site consist of an early succession of a scrub-shrub pocosin community. In 1997, the majority of the canopy trees were timbered with subsequent bush hogging of undergrowth. Presently, the parcel is sparsely vegetated with Acer Rubrum, Magnolia virganiana. and rdonia lasianthus canopy, and smun a cinnamonia, Woodwardia areolata. and AndrQR090 flomera u groundcover. The underlain wetland soil types listed in the project site are Rains fine sandy loam, poorly drained, and Pantego mucky loam, very poorly drained. both soil types are listed in "Hydric Soils of the United States". Plans showing the work are included with this public notice. The applicant has determined that the proposed work is consistent with the North Carolina Coastal Zone Management Plan and has submitted this determination to the North Carolina Division of Coastal Management (NCDCM) for their review and concurrence. This proposal shall be reviewed for the applicability of other actions by North Carolina agencies such as: a. The issuance of a Water Quality Certification under Section 401 of the Clean Water Act by the North Carolina Division of Water Quality (NCDWQ). b. The issuance of a permit to dredge and/or fill under North Carolina General Statute 113- 229 by the North Carolina Division of Coastal Management (NCDCM). c. The issuance of a permit under the North Carolina Coastal Area Management Act (CAMA) by the North Carolina Division of Coastal Management (NCDCM) or their delegates. d. The issuance of an easement to fill or otherwise occupy State-owned submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11, and 146-12 by the North Carolina Department of Administration (NCDA) and the North Carolina Council of State. e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality Section, North Carolina Division of Land Resources (NCDLR), pursuant to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-66). The requested Department of the Army (DA) permit will be denied if any required State or local authorization and/or certification is denied. No DA permit will be issued until a State coordinated viewpoint is received and reviewed by this agency. Recipients of this notice are encouraged to furnish comments on factors of concern represented by the above agencies directly to the respective agency, with a copy furnished to the Corps of Engineers. This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson-Stevens Fishery Conservation and Management Act. The District Engineer's initial determination is that the proposed project would not adversely impact EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. This application is being considered pursuant to Section 404 of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. The District Engineer, 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 le _4 authorize a proposal, and if so the conditions under which it will be allowed to occur, are therefore decided 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 of it. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (according to 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 would not comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless the District Engineer determines that it would be contrary to the public interest. The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials; Indian Tribes and other interested parties to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to decide whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, North Carolina Division of Water Quality (NCDWQ), Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. All persons desiring to make comments regarding the application for Clean Water Act certification should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1621 Mail Service Center, Raleigh, North Carolina 27699-1621, on or before October 13, 2000, Attention: Mr. John Dorney. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mickey T. Sugg, until 4:15 p.m., October 27, 2000, or telephone (910) 251-4811. 1 I L4" 85.00 N6621'09"W L5 74.70 N66'09'48"W L:8 27.93 S7994'09"W L7 40.39 N44'46'32"W L8 100.69 N51'47'04"E dMK TAKE CURVE CHORD BRG CHORD DELTA CI N49'37'05"W 966.58 9130'39' HPS&R INC. 10.00 ACRE TRACT RADIUS ARC TANGENT 5829.58 967.67 484.95 St. M Mk ?d Nob' j i I ' I' Re 2 MILES KILOMETERS Pn (Joins sheer WS F s ke • r. / a• YI i "SI M1 1 fN ll'` i C fir'.. ??, ? i' I ??? ;• ? . ..,1.. . ?. •11 • ?..;?.. 7 7.22' ]0' 3: 1 SIDE SLOPES ='-7 TYPtcA (TOPSOI ) OUND / ???•` ??•/???%?• Typical Fill Cross Section Date Prepared: 10 July 2000 Horizontal: 1" = 100' Vertical: 1" = 5' 1 SIDE Individual Permit Application - HPS&R Agent: Mitchell & Associates, Inc. 113 West 3r° Street • Greenville NC 27858 252.752.4077 Fx: 252.752.7380 Date Prepared: 1 June 2000 Page 2 of 2 Re: BPS and R project - Onstow County, DWQ # 000989 Subject: Re: HPS and R project - Onslow County, DWQ # 000989 Date: Wed, 04 Oct 2000 12:18:53 -0400 From: Ron FeiTell <ron.ferrell@ncmail.net> To: John Donley <john.domey@ncmail.net> John, We have no record of a request from Gary Mitchell or HPS&R. We do have a chunk of HPS&R property in Jacksonville which was "donated" to the WRP as part of a settlement of an EPA violation. That cannot be used for their mitigation! Assuming that the impact is in the Jacksonville/White Oak area then I would say that it is very likely that we would accept. Tell them to send the request and we will process it in accordance with our normal procedure, will take about 5-7 working days. (If 401 and the RO say OK now then we could accept in a day or 2). John Dorney wrote: > these guys (gary mitchell's crowd - one can never be sure!) claim that > they have contacted you for compensatory mitigation (2.74 acres times > some [unclear of course] ratio). true or false and what have you > decided? please advise. thankx 1 of 1 10/4/0012:32 PM Mitchell E N V I R 0 N 113 West 3rd St. • Gre( 1121 South Front St. • Wil September 6, 2000 Mr. John Dorney Water Quality Certification N.C. Department of Environment and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 Dear Mr. Dorney: X? V4011 ciates, Inc. E NSULTANTS e, N. 2.4077 0 Fax: 252.752.7380 )ton, .254.0602 0 Fax: 910.254.0603 This letter is in response to your August 2, 2000 correspondence regarding an IP application filed on behalf of HPS&R, Inc. (DWQ No, 000989), involving proposed placement of fill material within 2.97 acres of jurisdictional wetlands for the development of a commercial development in Onslow County. With respect to your request, I am providing written documentation detailing alternatives to the proposed project: I - Do not build project: This alternative is clearly impracticable since the property has already been purchased for the explicit purpose of developing a commercial business. 2 - Do not impact wetlands: The jurisdictional wetlands bisect the parcel, and are located in such a manner as to leave insufficient high ground on either side for development significant enough to provide economically viable return of investment. 3 - Limit size of development: Engineering a commercially viable development within the confines of the existing high ground is not possible. After addressing adequate parking, storm water retention areas and locally mandated entrance and exit locations, insufficient high ground remains in order to build little more than a drive-thru photo-mat. In order to realize any return on this expensive commercial propen.y, the proposed development must be of the minimum size as indicated on our initial plat. With respect to mitigation, our client intends to purchase credits through the Wetland Restoration Program. We have been in contact with Ron Ferrell in order to begin satisfying the mitigation requirements. Thank you for your time, and I hope that this addresses your concerns regarding this project. If you have any additional questions or comments, please feel free to call. Sinc e , J e L I io gist i hell & Associates East State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director HPS&R Inc. 2423A North Marine Blvd Jacksonville, NC 28546 Dear Sirs: 1 ,1k1?WAJ • AVON% IL NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES August 2, 2000 DWQ # 000989 Onslow County On July 27, 2000 the Division of Water Quality (DWQ) was notified by receipt of seven copies of an application regarding your plan to fill 2.97 acres of wetlands for the purpose of a commercial development in Onslow County. Approval from DWQ is required to disturb these wetlands. Please contact Ron Ferrell with the Wetlands Restoration Program to determine whether they would be willing to accept mitigation for this project. If not, then you will need to propose mitigation that satisfies our rules in 15A NCAC 2H .0506 (h). In particular, the option of preservation as outlined in your letter is not acceptable since it does not provide 1:1 replacement through restoration or creation (15A NCAC 2H .0506(h)(6)). Also provide written documentation of all other alternatives considered for this site. The statement in the cover letter that "other alternatives were not practicable..." is not sufficient. DWQ's processing time will not begin until we receive a copy of the COE's Public Notice or until you respond to these questions, which ever is later. Please show these on maps of suitable scale (for instance I" = 100 feet) so we can begin to determine your projects' compliance with 15A NCAC 2H .0500. Please call me at (919) 733-1786 if you have any questions or would require copies of our rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H .0505(c). The processing time for this application will begin when this information is received. If we do not hear from you by writing within three (3) weeks we will assume you no longer want to pursue the project and will consider it withdrawn. incere' n R. Dorney cc: Wilmington DWQ Regional Office Wilmington Corps of Engineers File Copy Central Files Joey Lawler; Mitchell & Associates Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50`90 recycled/ 10% post consumer paper ?y ell an V I R 0 N M E 113 West 3rd St. • Greenville, 1121 South Front St. • Wilminggt? mitche ates, Inc. U LTANTS 7 • Fax: 252.752.7380 )602 0 Fax: 910.254.0603 July 24, 2000 Mr. John Dorney Water Quality Certification N.C. Department of Environment and Natural Resources Q 0()9819 Post Office Box 29535 Raleigh, North Carolina 27626-0535 Dear John: The purpose of this letter is for Mitchell & Associates, Inc., representing HPS&R, Inc, to submit an application for the placement of fill material within approximately 2.97 acres of jurisdictional wetlands on my client's property, located east of NCSR 1470 at the intersection with NCSR 1336, Jacksonville Township, Onslow County, North Carolina. The purpose of the proposed fill in wetlands is to facilitate the construction of a retail building, asphalt service area and proposed parking lot. There is currently not enough existing high ground available to my client in order to make a commercial development viable without impacting the wetlands in such a manner. The wetland area to be impacted consists of low-quality, previously-disturbed scrub-shrub pocosin. In order to provide mitigation for these impacts, my client proposes to either: (a) purchase sufficient mitigation credits through the North Carolina Wetlands Restoration Program or (b) undertake preservation through placement of conservation easements on significant amounts of similar onsite wef a 3s7 pon`your review of this proposed project, the amount and type of mitigation will be obtained in accordance with your instructions. The applicant has considered alternatives to the placement of fill material in wetlands to accomplish his a J project goal, however, the proposed project is the only practicable alternative available. Other ,? ??•? d alternatives considered were not practicable, significantly more expensive to the applicant, or involved 5 ? crh,.k S :.even greater wetland impacts. The applicant has appreciably minimized potential wetland impacts if associated with the proposed development by including for proposed fill only those areas necessary to provide the minimum amount of area to practicably sustain a commercially-viable retail development, All proposed fill activity will be stabilized immediately and prevented from affecting any wetland area outside that indicated on the site plan. By copy of this correspondence and completed Department of Army Individual Permit Request and attached cover letter, I am requesting your consideration of this project and anticipate your concurrence, Please contact me at your convenience should you have any questions or comments. Thank you for your time and prompt attention. Sincer Joey awl PAYMENT Mitchell & Associates, Inc. RECEIVED State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director HPS&R Inc. 2423A North Marine Blvd Jacksonville. NC 28546 Dear Sirs: 1 • • A NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES August 2, 2000 DWQ # 000989 Onslow County On July 27, 2000 the Division of Water Quality (DWQ) was notified by receipt of seven copies of an application regarding your plan to fill 2.97 acres of wetlands for the purpose of a commercial development in Onslow County. Approval from DWQ is required to disturb these wetlands. Please contact Ron Ferrell with the Wetlands Restoration Program to determine whether thev would be willing to accept mitigation for this project. If not, then you will need to propose mitigation that satisfies our rules in 15A NCAC 2H .0506 (h). In particular, the option of preservation as outlined in your letter is not acceptable since it does not provide 1:1 replacement through restoration or creation (15A NCAC 2H .0506(h)(6)). Also provide written documentation of all other alternatives considered for this site. The statement in the cover letter that "other alternatives were not practicable..." is not sufficient. DWQ's processing time will not begin until we receive a copy of the COE's Public Notice or until you respond to these questions, which ever is later. Please show these on maps of suitable scale (for instance 1" = 100 feet) so we can begin to determine your projects' compliance with 15A NCAC 2H .0500. Please call me at (919) 733-1786 if you have any questions or would require copies of our rules or procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H .0505(c). The processing time for this application will begin when this information is received. If we do not hear from you by writing within three (3) weeks we will assume you no longer want to pursue the project and will consider it withdrawn. Fn y. FIL ?DornL cc: Wilmington DWQ Regional Office Wilmington Corps of Engineers File Copy Central Files Joey Lawler: Mitchell & Associates Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-003 u " (33 CFR 325) Expires October 1996 Flublic re RflsFi for this collection of information is estimated to average 5 hours per response, including the time for reviewing seatC'M$g the existing data sources, gathering and maintaining the data needed,and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suit 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Please DO NOT RETURN your form to either of those addresses. Completed application must be submitted to the District Engineer jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting navigable waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Routine Users: Information provided on this form will be used in evaluating the for a permit. Disclosure: Disclosure of required information is voluntary. If information is not provided, however, the permit application cannot be processed nor can a permit be issued. 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND (an agent is not required) HPS&R Inc. MITCHELL & ASSOCIATES, INC. 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS 2423A North Marine Blvd. Jacksonville, North Carolina 28546 113 WEST 3RD STREET GREENVILLE, N.C. 27858 7. APPLICANT'S PHONE NOS. WIAREA CODE 7. AGENT'S PHONE NOS, W/AREA CODE a. Residence See Agent a. Residence 252. 752 . 4077 b. Business See Agent b. Business 252. 752. 4077 11. STATEMENT OF AUTHORIZATION I hereby authorize to act in my behalf as my agent in the processing of this application and furnish, upon request, supplemental information in support of this permit application. SEE ATTACHED LETTER OF APPLICANT'S SIGNATURE DATE NAME. LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE (see instructions) HPS&R Site 13. NAME OF WATERBODY, IF KNOWN (ifapplicable) NA 15. LOCATION OF PROJECT Onslow COUNTY North STATE 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) East side of NCSR 1470 at intersection with NCSR 1336 17. DIRECTIONS TO SITE From U.S. Highway 17 South, turn left onto Western Blvd at Wal-Mart. Proceed to junction with NCSR 1336. Project is on left. 14. PROJECT STREET ADDRESS (if applicable) East side of NCSR 1470 at intersection with NCSR 1336 PAYMENT ENG FORM 4345, Feb 94 EDITION OF SEP 91 IS OBSOLETE (Proponent: CECW-OR) One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. f 18. Nature of Activity (Description of protect, Include all features) Placement of fill material in wetlands using conventional machinery in a manner consistent with standard practice. 19. Project Purpose (Describe the reason or purpose of the project, see instructions) To provide minimum high ground neccessary to facilitate construction of building pad for proposed retail development. 20 Reason(s) for Discharge USE 20-22 IF DREDGED AND/OR FILL MATERIAL-IS-TO BE DISCHARGED Insufficient high ground exists in order to make proposed project viable. Project designed to accomodate most practical use of business zoned property. 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards Clean tarthen fill material = +/- 11,997 Cu. Yds (based on avg. depth of 2.5 ft.) 22. Surface area In Acres of Wetlands or Other Waters Filled (see instructions) 2.97 ac. 23. Is any Portion of the Work Already Completed? Yes _ No X IF YES, DESCRIBE THE COMPLETED WORK NA 24. Addresses of Adjoining Propersty Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach supplemental list). NA 25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described In this Application. NA AGENCY TYPE APPROVAL IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED ' Would Include but Is not restricted to zoning building and flood plain 26. Application Is hereby made for a permit or permits to authorize the work described In this application. I certify that the Information in this application Is col nd accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized a nt o e applicant. REW ATE SIGNATURE OF DATE The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent If the statement in block 11 has been filled out and signed. 18 USC Section 1001 provides that: Whoever, In any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies,, conceals or covers up any trick, scheme, or disguises a material fact or makes any false, fictitous or fraudulent statements or representations or makes or uses any false writing or documents knowing same to contain any false, fictitous or fraudulent statements or entry.-shall be fined not more than $10,000 or Imprisoned not more than five years or both. . U.S. GPO: 1994-520.478182018 0 I L4 85.00 L5 74.70 LB 27.93 0 40 40,39 LB 100.69 " = 125' N68'41'W N88'09'4848*W Individual Permit Application - HPSBR S79'1 4'09"W Agent: Mitchell & Associates, Inc. N44'46'32"W 113 West 3`d Street • Greenville NC 27858 N51'47'04"E 252.752.4077 Fx: 252.752.7380 Date Prepared: 1 June 2000 Page 1 of 2 L..___ i " in Cepter 47 ZZ, eM41 Wm 1 rW PINII GAIM / MI `` 3: 1 SIDE SLOPES 777777T77 %'? ./f2.S° TYPICA?FILL NATURAL GROUND /?// /''ti\?•''??j ,`. j. - - - - Typical Fill Cross Section Date Prepared: 10 July 2000 Horizontal: 1" = 100' Vertical: 1" = 5' 9eh 171 191 I34- t ' ? .. ? 34°a 77'22'30 ta7NMt I SIDE Individual Permit Application - HPS&R Agent: Mitchell & Associates, Inc. 113 West 3rd Street • Greenville NC 27858 252.752.4077 Fx: 252.752.7380 Date Prepared: 1 June 2000 Page 2 of 2 ?: ?/???? ? II?? ? ?? ? Ir III! III I'I IE? R (ll;lldl?[?t I (.z?? lI I i I i ? ?'I' I ? 1 v 11 ( ? I I} i i l I! it ? I 11' .I i ? I, { I I I I I { I I I I} I i it '? qq I I C? I? 11 ?I I'Iil I I ?'I I? I II a ?? 'F ?/I II I !II (I I,_? I'? ? ! ? 1 I I J. { I?d?J!!,I'q,iIII.II II I ?I q'I I I _ I 1 I)I N 3.7 •• ))11 .\ j ( ?? ?'_ ?.?? I i ?. I t I `1 1 I r ? ? 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