HomeMy WebLinkAbout20160783 Ver 3_Individual_201905145EGI
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, North Carolina 28412
910.452.2711 (office) • 910.452.2899 (fax)
Transmittal Letter
Date: 5/6/19
To: Ms. Karen Higgins
Of: NC DWR 401 and Buffer Unit (Raleigh)
Attached you will find:*
��
Proposal Sketch(es) Permit Signe ctlan�' Ma Photo(s)
O tel'
JD Package Report(s) Plans Information Request Other
Copies
Dated
Description
4
4/16/19
Bailey Center Individual Permit Modification Request Packet
n e_
Tlig§e a Mine Aalluar-1-
:
or your Review/Commen
Correcte an eturned
Other:
"If noted items are NOT attached, please contact our office.
For your Records Returned for Correction(s)
For your Signature As Requested
By: Hand Delivery Fed -Ex UPS US Postal Service Other
Notes: One hard copy has been hand delivered to Robb Mairs, in the Wilmingion Regional Office. Please feel
Signature and (Typed) Name:
Dana A. Lutheran
Date: 6 May 2016
joutkern r nvironmental Group, Inc.
5515 Soutk College Road, Suite E Wilmington, NC 2841 2
Phone:910.452.2711 Fax:910.452.2899 r,mail:oF{ce@segi.us
16 April 2019
Electronic Mail
Ms. Rachel Capito
Wilmington Regulatory Field Office
US Army Corps of Engineers (USAGE)
69 Darlington Avenue
Wilmington, NC 28403
Rachel.A.0 apito(a)usace.artny.mil
Mr. Robb Mairs
NC Division of Water Resources (DWR)
Wilmington Regional Office
127 Cardinal Drive Extension
Wilmington, NC 28405
Robb.Mairsamcderinog_v
Re: Bailey Center (Swansboro Park) 2019 IP Modification
Swansboro, Onslow County, North Carolina
USACE AID # SAW -2008-02698
NC DWR Project # 16-0783v2
Dear Rachel and Robb:
(SEGi Project #: 07-113.011
Southern Environmental Group, Inc. (SEGi) has been retained by Bailey & Fuller Properties, LLC (herein referred
to as the "Permittee") to pursue modifications to the previously issued Department of the Army (DoA) and NC
Division of Water Resources (DWR) approvals, in the form of an Individual Permit (IP) Modification and Major
Water Quality Certification (WQC) respectively. The modifications are necessary to account for changes to the site
plan, specifically additional buildable acreage, which allows for additional buildings and built upon area, changes to
stormwater and roadway infrastructure, and an increase in wetland impacts and subsequent increase in compensatory
mitigation.
To date, the previously authorized wetland impacts have all been completed and the mitigation has been paid. The
current site plan consists of three buildings, parking spaces, access/egress roads, stormwater management measures
and utilities. In order to facilitate the construction of the proposed project, 0.23 -acre of non -riparian wetlands will
need to be filled. Cumulatively, the project will impact 0.92 -acre of wetlands, which is still less than what was
originally permitting in 2017 (i.e. 1.01 acres). To offset the proposed impact to the loss of wetland function that is
anticipated to take place as a result of filling 0.23 -acre of non -riparian wetland, the Permittee proposes to make
payment for 0.50 -acre of non -riparian wetland restoration credit, to the Hofmann Forest Wetland Mitigation Bank.
After extensive evaluations of on-site and off-site alternatives and the incorporation of avoidance and minimization
efforts, the Permittee and SEGi have determined this proposal to be the least environmentally damaging, practicable
alternative.
In addition to the modification of impacts, the Applicant is also requesting a three (3) year extension for the permit
to December 31, 2021. This will ensure ample time to complete the construction of the project.
To assist you in your decision-making processes, please find attached the "Bailey Center Supplemental Document to
the Request to Modify DoA Individual Permit & DWR Water Quality Certification" packet. It is SEGi's hope the
information found within and attached to this request is sufficient and the authorizations will be issued without delay.
However, should either of you have questions or concerns or need additional information, please feel free to contact
me at 910.228.1841 or email me at dlutheranAseizi.us.
Thank you in advance for your assistance with this project. We look forward to hearing from you.
Sincerely,
Dana A. Lutheran
SEGi Regulatory Specialist
cc: Ms. Karen Higgins — NC DWR 401 & Buffers Unit Oversight Raleigh (4 hard copies)
Mr. Robb Mairs — NC DWR 401 & Buffers Unit WiRO (1 hard copy)
Enclosures: (1)
joutkem environmental Cjroup, Inc.
i ! ' `J1niln ( Oiie4e K"za.7, ,)u.te _ V -ngton. North Carolina 234! -.
10.452.271 I rax: ? 10.452.23 );? oE�iceCase�i.us
www.sc'i.us
Bailey Center 2019 Individual Permit Modification
Supplemental Document
(AID# SAW -2008-02698 & DWR# 16-0783)
Prepared for:
Bailey & Fuller Properties, LLC
405D Western Blvd.
Jacksonville, NC 28546
(910)256-8443
Prepared by:
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
910.452.2711
Date:
16 April 2019
Bailey Center 2019 IP Modification Supplemental Document .9F Cii
Table of Contents
Sec- Title Page
I. Introduction................................................................................. .,. ....... 3
II. Ownership.................................:........................................................... 3
III. Current Conditions................................................................................... 3
IV. Project Description................................................................................... 4
V Purpose and Need 4
VI. Alternative Analysis............................................................................... 4
A. Off -Site Alternatives............................................................................... 4
B. On -Site Alternatives................................................................................. 6
VII. Avoidance and Minimization..................................................................... 7
IX. Compensatory Mitigation........................................................................ 7
X. Summary............................................................................................... 7
Appendices
A. Onslow County Tax Information..................................................................... 8
B. Bailey & Fuller Properties, LLC Sec. of State Corp Pages ........................................ 9
C. Jurisdictional Determination Packet................................................................. 10
D. Proposed Site Plan & Wetland Impact Map ........................................................ 11
E. Existing Conditions Photos............................................................................ 12
2(4/16/19)
Bailey Center 2019 IP Modification Supplemental Document
I. Introduction
Bailey & Fuller Properties, LLC (herein referred to as the "Permittee") is seeking to modify their Department of
the Army (DoA) and NC Division of Water Resources (DWR) approvals, which authorized the permanent impact
of 0.69 -acre of non -riparian wetland that is situated within 2.64 acres of land, located at 810 West Corbett Avenue,
in Swansboro, Onslow County, North Carolina.
The need to modify these permits is based upon the recent opportunity for the Permittee to purchase two adjacent
properties, owned by Pauline C. Stroud. The Permittee is in the process of securing those two parcels, as well as
the Jerry Gower Construction Co. parcel, which was part of the original permit, but was abandoned when Bojangles
and Starbucks pulled out. The three parcels being added to the project area are as follows:
Tract 1 — Pauline C. Stroud (Onslow County PIN 535520809416) — 904 West Corbett Avenue
Tract 2 — Pauline C. Stroud (Onslow County PIN 535520900667) — No Physical Address
Tract 3 — Jerry Gower Construction Co. (Onslow County PIN 535520903478) — Whitney Avenue
Tract 4 — Bailey and Fuller Properties, LLC (Onslow County PIN 535520902313) — 810 West Corbett Avenue
Please refer to Appendix A, for property owner information.
II. Project History:
In 2017, the Permittee received DoA and DWR athorizations to fill 1.01 -acre of non -riparian wetlands and 120 LF
of jurisdictionial ditches, which was necessary to facilitate the construction of a 10,000 SF retail building; a 3,600
SF multi-purpose building; a 3,700 SF commercial building; a 3,855 SF commercial building with patio; trash
durnpster facilities; 179 parking spaces; access roads and drive through lanes and two (2) wet detention ponds.
Later that year, before work commenced, and due to the extended amount of time it took to secure the USACE and
DWR permits, two of the.Permittee's tenants pulled out of their contracts (i.e. Bojangles and Starbucks). This
resulted in the Permitttee abandoning the Jerry Gower Construction Co. parcel and having to modify the agencies
permits. The modification authorized the permanent impact of 0.69 -acre of wetland and 265 LF of jurisdictional
ditches, for a 7200 SF multi-purpose building, a 3000 SF Verizon Store and a 10,000 SF Dollar Tree building,
along with associated parking, infrastructure and other typical commercial facility amenities. The following project
numbers have been issued for the subject properties:
Issuing Agency
Action
Date Issued
Project Number
Authorized Impacts (AC)
DoA
Standard Permit
2/16/17
2008-02698
1.01 AC & 120 LF RPW
DoA
2018 Standard Permit Mod.
1/23/18
2008-02698
0.69 AC & 265 LF RPW
DoA
Jurisdictional Determination
2/16/17
2008-02698
NA
NC DWR
Major WQ Certification
1/12/17
DWR# 16-0783
1.01 AC & 120 LF RPW
NC DWR
Major WQ Certification Mod
DWR# 16-0783v2
0.69 AC & 265 LF RPW
DCM
CAMA Consistency Determination
2/6/17
CD17-0002
NA
Table I Project History
Copies of the above listed actions have been included with this correspondence, as Appendix B.
III. Current Conditions:
To date, the entire authorized development has been completed and the compensatory mitigation has been fulfilled.
All but 3 of the retail units, within the multi-purpose building, are occupied, two of which are restaurants (i.e.
Burrito Shack and Pizza Fomo). A recent visit to the site revealed a busy parking lot, in front of the Dollar General
and Verizon stores (see Appendix E).
The JD for the original project limits is still valid. However, a new JD is being sought, for Tracts 1 and 2. The JD
Packet has been attached to this document as Appendix C.
The new tracts are still vegetated. Tracts 1 and 2 contain woody species, while Tract 3 is comprised of mostly
herbaceous species. The wetland feature on the site can be described as a hardwood depressional forest, with Nyssa
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Bailev Center 2019 IP Modification Sunnlemental Document
sylvatica var. Mora (black gum), Acer rubrum (red maple), Ubnus americana (swamp elm), and Smilax laurifolia
(greenbriar) being the predominate species. The site is located within the White Oak River Drainage Basin and
drains to an unnamed tributary to Halls Creek.'
IV. Project Description
The project area has been increased by approximately 3.0 acres, which includes all of Tracts 1 and 3 and
approximately 0.12 -acre, of Tract 2. The current site plan includes of all of the existing development, as well as a
7200 SF Multi-purpose building, which will house provide space for an "End Cap" style Starbucks and five 60' x
20' retail units, as well as a 16,100 SF mini -storage building (see Appendix D). The additional retail space and
storage unit facility prompted a need for additional parking, changes to the access / egress into the shopping center
and enlargement of the stormwater treatment measures.
To facilitate the construction of the additional development, approximately 0.23 -acre of Section 404 jurisdictional
wetlands will need to be permanently filled. Clean earthen soil is to be placed into one, contiguous wetland feature,
within the project area. Cumulatively with the previously authorized work, wetland impacts will total 0.92 -acre.
Please refer to Appendix C, for details of the project.
Heavy machinery, such as a bulldozers, graders, back hoes, and excavators, will be utilized during the construction
process. The machinery will be used to clear the land, establish grade, and stabilize the soil and to transport and
deposit the fill material within the project boundaries. Sediment and erosion control measures will be installed
prior to commencement of land disturbing activities.
While Tracts 1 and 2 were not part of the initial Threatened and Endangered Species and archaeological review,
Tract 3 was part of the evaluation, which included coordination with the appropriate State and Federal agencies
and on-site reconnaissance. Finding of those evaluations revealed no areas of concern within the project limits.
Copies of these documents can be provided upon request.
V. Purpose and Need:
The Permittee's purpose for the project is to construct a 16,100 SF mini -storage building and 7,200 SF multi-
purpose building, with associated parking and infrastructure, on property that adjoins his property and is centrally
located, within the Town of Swansboro, in Onslow County, North Carolina. Please refer Appendix D, for details
of the proposed development.
The proposed retail stores and storage facility would service permanent residents of Hubert, Cedar Point, Cape
Carteret and Stella, which are all within a ten-minute drive of the project area, and visitors to the area. These areas
are rapidly growing areas of eastern Onslow County and western Carteret County, as they are close to local beaches
and military bases. The proposed retail space and storage space is needed to support the population growth.
VI. Alternative Analysis:
Comprehensive off-site and on-site alternative analysis has been conducted, as part of the Individual Permit
process.
A. Off-site Alternatives
SEGi applied the Section 404(b)(1) guidelines by utilizing current Town of'Swansboro Zoning Maps,
Public or Private utility company service area information, historical aerial photography and available
current land use records, to best determine if a site met site selection criteria, which are as follows:
1. the site must contain at least 3.0 acres of buildable area;
2. the site must front US Hwy 24 (Corbett Street);
3. the site must be zoned business or commercial or have the ability to be rezoned;
4. the site must provide adequate area for parking;
5. the site must have access to utilities, such as water, sewer and electric; and
6. the site must be able to support, at least two access points.
4(4/16/19)
Bailey Center 2019 IP Modification Supplemental Document F (_i i
When evaluating off-site alternatives, considerations, such as the presence, quantity and quality or
functional value of wetlands and/or other waters of the U.S.; the zoning designation; the presence of any
federally -listed Threatened and/or Endangered Species or their Critical Habitat; state listed Threatened
and/or Endangered Species, or other natural or regionally important resource factors that may be
significantly impacted.
The parcels listed, in the table below, were all located within the incorporated area of Swansboro, were
accessible from West Corbett Avenue (US Hwy 24) and utilities are available. However, only the
highlighted sites met the Permittee's size criteria requirement and, therefore, were the only sites
evaluated for practicability. Alternatives that are practicable are those that are available and capable of
being undertaken, after considering cost, logistics and existing technology.
Map Key
Onslow Co. Map ID
Size (AC)
Zoning
Access from Hwy 24
1
1319-88
0.85
B-1
Yes
2*
1319-85
0.73
B-1
Yes
3*
1319-82
2.0
B-1
Yes
4*
1319-83
1.15
B-1
Yes
5
1319-832
1.1
B-1
Yes
6
1319-54
0.56
B -I
Yes
7
1319-53
0.73
B -I
Yes
8
1401-125.1
5.0
B -I
Yes
9
1401-125.2
5.0
B-1
Yes
10
1319-24
9.58
B- I
Yes
it
1319-204
2.36
13-1
Yes
12
1319-168
2.83
B-1
Yes
Table 2 Alternative Properties Analysis (*parcels adjoin one another)
The following aerial photo denotes the location of each alternative site, relative to the subject property:
Figure I — Alternative Site Location Map
The table, on the following page, summarizes the evalution of the selected Alternative Sites, for practicality:
5(4/16/19)
Bailey Center 2019 IP Modification Supplemental Document 9F (-ii
Practicability
Criterion
Preferred Alternative
Alternative Sites
Alternative Sites
Alternative Sites
Category
1,5-10
2-4
11 & 12
Availability
Available for Acquisition
The three tracts are available.
Unknown
Listed
Not Listed—
Failed screen
Logistics
Parcel Size (+/- 3.0 AC)
The tracts offer adequate
No — Failed screen
Yes, if combined
NA
buildable area
Appropriate Zoning or Able
The property is zoned
NA
Yes
NA
to Change
Commercial, by the Town of
Swansboro
Availability of Utilities
ONWASA is available sewer
NA
Yes
NA
and water, and JOENIC will
provide power.
Adequate area for a drive
thni
Adequate Access
Access off Hwy 24 is available,
NA
Yes
as well as off Ireland Avenue
Technology
Topography and Other Site
The site is flat, with minimal
NA
NA
NA
Conditions for Development
wetland area. There are existing
utilities, within the project
limits, thereby making
connection easier and less
expensive.
Cost
Reasonable Acquisition
The tracts are listed at fair
NA
No — Failed screen
NA
Cost
market value
Combining the
properties to meet
the size requirement,
would be more
expensive than the
Preferred Alternative
"fable 3 Practicability Aitalysis
The Preferred Alternative is the only alternative that meets all of the Permittee's development criteria and is
practicable, when considering availability, cost and logistics. Therefore, the Preferred Alternative was
selected.
B. On -Site Alternatives Analysis
During the design of the project, several on-site alternatives were considered:
Alternative 1— Current Proposed Design: This site plan was designed to accommodate one specific
retail tenant (i.e. Starbucks), with whom the Permittee is under contract, to lease the space and who
requires their stores have road frontage and good visibility, as well as a drive thru window and adequate
parking. For these reasons, this alternative was accepted.
Alternative 2 — Utilization of other uplands, within the tract, to avoid impacts: This alternative was
explored, but the proposed site plan requires utilization of all available uplands. Therefore, this alternative
was rejected.
Alternative 3 — Utilization of retaining walls: The Permittee investigated the potential of utilizing
retaining walls to minimize impacts. But this method was rejected, due to the fact that the entire area is
needed to achieve the Permittee's stated goal and meet city's commercial development requirements.
Alternative 4 — Eliminate parking spaces: Currently, there is only enough parking for the existing units.
The proposed plan increases the number of parking spaces by 59, plus two handicap parks. According to
the Starbucks "End Cap" design guidelines, at least 20 parking spaces are preferred. And, while the
Permittee does not have tenants for the remaining units, it is prudent to ensure that adequate parking is
provided. Therefore, this alternative was rejected.
Alternative 5 — Avoiding all impacts to wetlands: The Permittee investigated other potential means for
developing the property without impacting wetlands and has been unable to find a practicable alternative
that would achieve his stated goal and is economically practicable. Therefore, this alternative was
rejected.
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Bailev Center 2019 IP Modification Supplemental Document
VII. Avoidance and Minimization:
The Permittee incorporated the following avoidance and minimization efforts into the current project design:
1. Limiting the storage unit building to 16,100 SF avoided impacting +/- 11,100 SF of wetlands, on Tract 3.
2. Repurposing the existing stormwater pond into a forebay avoided impacting the remaining, +/- 4100 SF
of wetlands, on Tract 4;
3. Positioning the proposed multi-purpose building as close to the existing multi-purpose building avoided
impacting +/- 1800 SF of wetlands; and
4. Limiting the development to only 10' into Tract 2, rather than proposing additional parking on that site,
which could be used, impacts to wetlands were minimized significantly.
By taking these actions, the Permittee has kept the proposed impacts to wetlands below 1.01 acre, which was
previously authorized, under the original permits.
Other minimization techniques that were explored included, retaining walls, underground stormwater systems,
bridges or bottomless culverts, pile supported structures and other engineering techniques which reduce the square
footage of the project, namely in the location of on-site wetlands. Many of these engineering techniques were given
the litmus test by merely reviewing the Local or State rules or by engineering design constraints. In these cases,
no design drawing were produced, as a regulatory rule will not allow it or the proposed idea would exceed obvious
engineering constraints.
Innovative stormwater design was considered as means to minimize wetland impacts within the project limits. The
only technique, which would reduce the overall footprint of the stormwater system and possibly result in reduced
wetland impacts, is an underground stormwater system. Based on the location of the project and its proximity to
SA waters, this technique is not permissible with the State of North Carolina stormwater rules. For this reason no
design drawings were produced or contained within the permit application.
In total, the Permittee has reduced wetland impacts from 1.01 -acre to 0.92 -acre. Best management practices have
been incorporated into the site plan and will be utilized during the construction process. This should ensure
unauthorized impacts to wetlands do not take place during construction.
VIII. Compensatory Mitigation:
The Permittee intends to offset the loss of chemical, biological and physical processes, which will be removed as
a result of the proposed fill of 0.23 -acre of non -riparian wetland, by making payment to the Hofmann Forest
Wetland Mitigation Bank (HFWMB), for 0.5 -acre of non -riparian wetland restoration credit, at a 2:1 mitigation -
to -impact ratio. Once the mitigation proposal has been approved, a credit reservation letter will be secured from
the HFWMB and forwarded to the,agencies upon receipt.
IX. Summary
In summary, Bailey & Fuller Properties, LLC is requesting a modification to the previously issued 2018 DoA
Standard Permit and DWR Major Water Quality Certification, for a proposed commercial development, known as
The Bailey Center and located at 810 West Corbett Avenue, in the incorporated Town of Swansboro, in Onslow
County, North Carolina. The need to modify these permits is due to an increase in the project limits and amount
wetland fill needed to facilitate the development of a multi-purpose building, storage unity facility and associated
parking and infrastructure.
After extensive on-site and off-site alternative analysis, as well as applying avoidance and minimization efforts,
the Permittee is proposing to fill 0.23 -acre of non -riparian wetland (0.10 -acre less than what was originally
authorized). The Permittee proposes to mitigate for the unavoidable impacts through the purchase of wetland
restoration credits from the HFWMB. The Permittee and SEGi have determined that the proposed plan is the least
environmentally damaging, practicable alternative available, to achieve the stated purpose and need.
7(4/16/19)
Bailey Center 2019 IP Modification Supplemental Document 9F tai i
Appendix A
Project Area Parcel Information
(see Appendix C - JD Packet)
8(4/16/19)
Bailev Center 2019 IP Modification Supplemental Document F Cii
Appendix B
Previously Issued Permits and Certifications
9(4/16/19)
q T i,
Regulatory Division
. DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT. CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
Action ID No.: SAW -2008-02698
Bailey & Fuller Properties, LLC.
Mr. Chris Bailey
405D Western Boulevard
Jacksonville, North Carolina 28412
Dear Mr. Bailey:
February 16, 2017
In accordance with your written request of August 3, 2016, enclosed is a Department of the
Army permit to fill approximately 1.01 acres of DA jurisdictional wetlands and 120 linear feet of
jurisdictional ditches associated with a commercial development. The site is located at 810 West
Corbett Avenue (Highway 24), in Swansboro, Onslow County, North Carolina.
Any deviation in the authorized work will likely require modification of this permit. If a
change in the authorized work is necessary, you should promptly submit revised plans to the
Corps showing the proposed changes. You may not undertake the proposed changes until the
Corps notifies you that your permit has been modified.
Carefully read your permit. The general and special conditions are important. Your failure to
comply with these conditions could result in a violation of Federal law. Certain significant
conditions require that:
a. You must complete construction before December 31, 2021.
b. You must notify this office in advance as to when you intend to commence and
complete work.
c. You must allow representatives from this office to make periodic visits to your worksite
as deemed necessary to assure compliance with permit plans and conditions.
d. Please reference the approved jurisdictional determination (enclosed) for the subject
project area.
You should address all questions regarding this authorization to Mr. Brennan Dooley,
Wilmington Regulatory Field Office, 69 .Darlington Avenue, Wilmington, North Carolina 28403
or telephone: (910)-251-4694.
-1 -
Thank you in advance for completing our Customer Survey Form. This can be accomplished
by visiting our website at http:Hcorpsmapu.usace.army. miIt'cm_apexll?p=136:4:0 and completing
the survey on-line. We value your comments and appreciate your taking the time to complete a
survey each time you interact with our office.
Sincerely,
-C''A- Kevin P. Landers Sr.
Colonel, U. S. Army
District Commander
Enclosures
Copies Furnished (with enclosures):
Chief, Source Data Unit
NOAA/National Ocean Service
1315 East -west Hwy., Rm 7316
Silver Spring, MD 20910-3282
Copies Furnished with Special Conditions
and plans:
U. S. Fish and Wildlife Enhancement
Fish and Wildlife Enhancement
P. O. Box 33726
Raleigh, North Carolina 27636-3726
Mr. Fritz Rhode
National Marine Fisheries Service
101 Pivers Island Road
Beaufort, North Carolina 28516
Mr. Todd Bowers
Wetlands and Marine Regulatory Section
Water Protection Division - Region IV
U. S. Environmental Protection Agency
61 Forsyth St. SW
Atlanta, GA 30303-8931
Mr. Doug Huggett
Division of Coastal Management
N.C. Department of Environment
And Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Pace Wilber
National Marine Fisheries Service
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
DEPARTMENT OF THE ARMY PERMIT
Permittee; Bailey & Fuller Properties, LLC
Ann: Mr. Chris Bailey
Permit No: SAW -3008-03698
Issuing Office: CESA W -RG -L
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this
office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: The project is to permanently fill 1.01 acres of wetlands and 120 linear feet of jurisdictional ditches to
build a commercial development that will contain a 10,000 square foot retail building, a 3,600 square foot retail building, a
3,700 square foot commercial building, and a 3,855 square foot commercial building. The project will involve the construction
of parking areas, trash dumpster facilities, two access roads, drive through lanes, and two wet detention ponds.
Project Location: The project area is located within the White Oak River Basin at 810 West Corbett Avenue (Hwy 24) in
Swansboro, Onslow County, North Carolina. The wetlands in the project area drain to Cartwheel Brach, which drains to the
White Oak River.
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on January 30, 2022. If you find that you need more time to
complete the authorized activity, submit your request for a time extension to this office for consideration at least one month
before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may
make a good faith transfer to a third parry in compliance with General Condition 4 below. Should you wish to cease to maintain
the authorized activity or should you desire to abandon it without, a good faith transfer, you must obtain a modification of this
permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination
required to determine if the remains warrant.a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
5. if a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it
contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at anytime deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( } Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terns
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit, Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the_,QIps will nonnally give favorable consideration to a request for an extension of this time limit.
Your gnatur I ittee. indicates that you accept and agree to comply with the terms and conditions of this permit,
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
i
(DISTRICT COMMANDER) —~ (DATE)
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE)
(DATE)
•U S GOVERNMENT PRINTING OFIACC 1086 - 717425
SPECIAL CONDITIONS
SAW -2008-02698 — MR. CHRIS BAILEY
1. UNAUTHORIZED DREDGE OR FILL: Except as authorized by this permit
or any USACE approved modification to this permit, no excavation, fill or
mechanized land -clearing activities shall take place at any time in the construction
or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material
within waters or wetlands outside the permitted area. This prohibition applies to all
borrow and fill activities connected with this project. Specifically, the permittee
must avoid impacts to the remaining 1159 square feet of wetlands 'in the project
area.
2. CONSTRUCTION PLANS: All work authorized by this permit must be
performed in strict compliance with the attached plans dated 3 August, 2016 which
are a part of-this.permit. Any modification to these plans must be approved by the
US Army Corps of Engineers (USACE) prior to implementation.
3. DEVIATION FROM PERMITTED PLANS: The permittee shall ensure that
the construction design: plans for tlii§.project do not.oeviate from the permit plans
attached to this authorization: Written verification shall be provided that the final
construction drawings comply with the attached permit drawings prior to any active
construction in waters of the United States, including wetlands. Any deviation in
the construction design plans, specifically the elimination of the Stormwater Flow
Control Structures, will be brought to the attention of the Corps of Engineers,
Brennan Dooley, Regulatory Specialist, Wilmington Regulatory Field Office, prior
to any active construction in waters or wetlands.
4. PERMIT DISTRIBUTION: The permittee shall require its contractors and/or
agents to comply with the terms and conditions of this permit in the construction
and maintenance of this project, and shall provide each of its contractors and/or
agents associated with the construction or maintenance of this project with a copy of
this permit. A copy of this permit, including all conditions, shall be available at the
project site during construction .and maintenance of this project.
5. PRECONSTRUCTION MEETING: The permittee shall schedule an onsite
preconstruction meeting between its representatives, the contractor's
representatives, and the appropriate Corps of Engineers Project Manager prior to
undertaking any work within jurisdictional waters and wetlands to ensure that
there is a mutual understanding of all terms and conditions contained within the
Department of the Army .permit. The permittee shall notify the Corps of Engineers
Project Manager a minimum of thirty (30) days in advance of the scheduled meeting
in order to provide that individual with ample opportunity to schedule and
participate in the required meeting.
4
6. NOTIFICATION OF CONSTRUCTION COMMENCEMENT AND
COMPLETION: The permittee shall advise the Corps in writing prior to beginning
the work authorized by this permit and again upon completion of the work
authorized by this permit.
7. PROJECT COMPLETION: Upon completion of each construction phase, the
permittee shall submit to the Corps as -built plans for those portions that affect
waters of the U.S., within 45 days following the completion of construction. The as -
built plans shall include, but not necessarily be limited to, grading, structures, and
activities in or affecting wetlands and waters of the U.S.
8. WATER CONTAMINATION: All mechanized equipment will be regularly
inspected and maintained to prevent contamination of waters and wetlands from
fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the permittee shall immediately
report it to the N.C. Division of Water Resources at (919) 733-3300 or (800) 858-
0368 and provisions of the North Carolina Oil Pollution and Hazardous Substances
Control Act will be followed.
9. PROHIBITIONS ON CONCRETE: The permittee shall take measures to
prevent live or fresh concrete, including bags of uncured concrete, from coming into
contact with any water in or entering into waters of the United States. Water inside
coffer dams or casings that has been in contact with concrete shall only be returned
to waters of the United States when it no longer poses a threat to aquatic organisms.
10. CLEAN FILL: Unless otherwise authorized by this permit, all fill material
placed in waters or wetlands shall be generated from an upland source and will be
clean and free of any pollutants except in trace quantities. Metal products, organic
materials (including debris from land clearing activities), or unsightly debris will
not be used. Soils used for fill shall not be contaminated with any toxic substance in
concentrations governed by Section 307 of the Clean Water Act.
11. MAINTAIN CIRCULATION AND FLOW OF,WATERS: Except as specified
in the plans attached to this permit, no excavation, fill or mechanized land -clearing
activities shall take place at anytime in the construction or maintenance of this
project, in such a manner as to impair normal flows and circulation patterns within
waters or wetlands or to reduce the reach of waters or wetlands.
12. SILT -FENCING: The permittee shall employ all sedimentation and erosion
control measures necessary to prevent an increase in sedimentation or turbidity
within waters and wetlands outside the permit area. This shall include, but is not
limited to, the immediate installation of silt fencing or similar appropriate devices
around all areas subject to soil disturbance or the movement of earthen fill, and the
immediate stabilization of all disturbed areas. Additionally, the project must
remain in full compliance with all aspects of the Sedimentation Pollution Control
Act of 1973 (North Carolina General Statutes Chapter 113A Article 4).
5
13. EROSION CONTROL MEASURES IN WETLANDS: The permittee shall
remove all sediment and erosion control measures placed in wetlands or waters, and
shall restore natural grades in those areas, prior to project completion.
14. PERMIT REVOCATION: The permittee, upon receipt of a notice of
revocation of this permit or upon its expiration before completion of the work will,
without expense to the United States and in such time and manner as the Secretary
of the Army or his authorized representative may direct, restore the water or
wetland to its pre -project condition.
15. REPORTING VIOLATIONS OF THE CLEAN WATER ACT: Violation of
these permit special conditions or violation of Section 404 of the Clean Water Act
must be reported in writing to the Wilmington District U.S. Army Corps of
Engineers within 24 hours of the permittee's discovery of the violation.
16. COMPLIANCE INSPECTION: A representative of the Corps of Engineers will
periodically and randomly inspect the work for compliance with these conditions.
Deviations from these procedures may result in a directive to cease work until the
problem is resolved to the satisfaction of the Corps.
17. MITIGATION: In order to compensate for impacts associated with this permit,
mitigation shall be provided in accordance with the provisions outlined on the most
recent version of the attached Compensatory Mitigation Responsibility Transfer
Form. The requirements of this form, including any special conditions listed on this
form, are hereby. incorporated as special conditions of this permit authorization.
The permittee, prior to initiating any land -disturbing activities, shall provide 2.02
credits of mitigation via payment into the Hoffman Forest Wetland Mitigation Bank
for project related impacts to 1.01 acres of non -riparian wetlands. Prior to initiating
any land -disturbing activities, a copy of the updated acceptance letter and proof of
payment provided by the Hoffman Forest Wetland Mitigation Bank shall be sent to
the Corps of Engineers.
6
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2008-02698 County: Onslow U.S.G.S. Quad: NC-HUBERT
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: Bailey and Fuller Properties LLC
Chris Bailey
Address: 405D Western Boulevard
Jacksonville, NC 28412
Size (acres) 4.51
Nearest Waterway Cartwheel Branch
USGS HUC 03020301
Nearest Town Swansboro
River Basin Onslow Bay
Coordinates Latitude: 34.698143
Longitude: -77.138934
Location description: The project area is located at 810 West Corbett Avenue (Hwy 24) in Swansboro. Onslow
County, North Carolina.
Indicate_Which of the Following Anlnly:
A. Preliminary Determination
There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the
Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently
accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process,
including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation
requirements, and other resource protection measures, a permit decision made on the basis of preliminary JD will treat all
waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional
waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an
appealable action, by contacting the Corps district for further instruction.
There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act
(CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be
used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an
effective presumption of CWAIRHA jurisdiction overall of the waters, including wetlands, at the project area, which is
not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the
waters of.the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a
timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC
§ 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period
not to exceed five years from the date of this notification.
X There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements
of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We recommend you have the waters of the U.S: on your property delineated. As the Corps may not be able to
accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps. .
Page .1 of 2
SAN -2008.03698
X The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been
verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon
completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA
jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied
upon for a period not to exceed five years.
_ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to
determine their requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit
may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or rill material,
construction or placement of structures, or work within navigable waters of the United States without a Department of the
Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If
you have any questions regarding this determination andlor the Corps regulatory program, please contact Brennan Dooley at
(910) 2514694 or Brennan.J.DooleyQ)usace.armv.mil.
C. Basis For Determination: See attached Approved Jurisdictional Determination Form.
D. Remarks:
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants; or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination foe the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Atm: Jason Steele, Review Officer
60 Forsyth Street SW, Room I OM 15
Atlanta, Georgia 30303-8801
SAW -2008-02698
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP
Should you decide to submit an RFA form, it must be received at the above address by 4/17/17.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official:
i
Date: February 16.2417 Expiration Date: February 16, 2022
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete -our Customer Satisfaction Survey, located online at
httn://carnsmVu.usace.armv.mil/cm apex/ft --136:4:0.
e
i..,s
a,
r
Environmental
Quality
January 12, 2017
Bailey and Fuller Properties, LLC
Attn: Chris Bailey
405D Western Blvd
Jacksonville, NC 28546
ROY COOPER
Cntrrar)r,
WILLIAM G. ROSS, JR.
acting secrcmry
DWR # 16-0783
Onslow County
Subject: Approval of Individual 401 Water Quality Certification with Additional Conditions
Swansboro Park
USACE Action ID. No. SAW -2008-02698
Dear Mr. Bailey:
Attached hereto is a copy of Certification No. 4083 issued to Chris Bailey and Bailey & Fuller
Properties, LLC, dated January 12, 2017. Please note that you should get any other federal,
state or local permits before proceeding with the subject project, including those required
by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply
Watershed regulations.
This approval and its conditions'are-final and binding unless contested. This Certification can be
contested as provided in General Statute 1506 by filing a written petition for an administrative
hearing to the Office of Administrative- Hearings (hereby known as OAH) within sixty (60)
calendar days.
A petition form may be obtained from the OAH at htta://www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431-3000 for information..A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through, Friday between 8:00am and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is _received by the OAH within five (5)
business days following the faxed transmission.
-'Nothing Compares:
State of North Carolina 9 Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 276994 617
919-707-9000
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Bailey & Fuller properties, LLC
DWR# 160783
Individual Certification #4083
Page 2of7
if sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Sam Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H .0500. Contact Robb Mairs at 910.796.7215 or Robb.Mairs@ncdenr.gov if
you have any questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Davis Syster — SEGi — electronic copy
Brennan Dooley - USACE Wilmington Regulatory Field Office — electronic copy
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DWR WiRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 20160783SwansboroPark(Onslow )_401_IC.docx
Bailey & Fuller properties, LLC
DWR# 160783
Individual Certification #4083
Page 3 of 7
NORTH CAROLINA"401 WATER QUALITY CERTIFICATION
CERTIFICATION #4083 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC
02H .0500 and 15A NCAC 02B.0200, to Chris Bailey and Bailey & Fuller properties, LLC, who have
authorization for the impacts listed below, as described. within your application received by the
N.C. Division of Water Resources, (Division) on August 9, 2016'and subsequent information on
October 24, 2016 and December 9, 2016, and by Public Notice issued by the.U. S. Army Corps of
Engineers and received by the Division on August 12, 2016.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter. set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved provided that all of the conditions of the
Certification are met. No other impacts are approved, including incidental or temporary
impacts. [15A NCAC 02B .0506(b) & (c):and 15A NCAC 02B .0506(h)(8)].
2. •CompensatoryMitieation
Mitigation must be provided for the proposed impacts as specifiedin the table below. The
Division has received an acceptance letter from the Hofmann Forest Mitigation Bank to
meet this mitigation requirement. Until the Hofmann Forest Mitigation Bank receives and
clears your payment, and proof of payment has been provided to this Office, no impacts
specified in this Authorization Certificate shall occur. For accounting purposes, this
Authorization Certificate authorizes payment to the Hofmann Forest Mitigation Bank to
meet the following compensatory mitigation requirement [15A NCAC 02H .0506•(b)(6) and
[15A NCAC 02B .0506(h)]
Compensatory Mitigation Required River & Sub -basin Number
Wetlands 1.02 acres WO 03030001
Amount Approved (Units)
Plan Location or Reference
Stream
N/A
404/401 Wetlands
Permanent Temporary
Wetland Impacts Map C-1
Impact A
1.01 ac, N/A,
(attached)
TOTAL IMPACTS
:1.01 Aae .
2. •CompensatoryMitieation
Mitigation must be provided for the proposed impacts as specifiedin the table below. The
Division has received an acceptance letter from the Hofmann Forest Mitigation Bank to
meet this mitigation requirement. Until the Hofmann Forest Mitigation Bank receives and
clears your payment, and proof of payment has been provided to this Office, no impacts
specified in this Authorization Certificate shall occur. For accounting purposes, this
Authorization Certificate authorizes payment to the Hofmann Forest Mitigation Bank to
meet the following compensatory mitigation requirement [15A NCAC 02H .0506•(b)(6) and
[15A NCAC 02B .0506(h)]
Compensatory Mitigation Required River & Sub -basin Number
Wetlands 1.02 acres WO 03030001
Bailey & Fuller properties, LLC
DWR# 160783
Individual Certification #14083
Page 4 of 7
3. Stormwater Management Plan.
You are required to provide one copy of the stormwater management plan (SMP) approval
letter from the Division of Energy, Mining and Land Resources (DEMLR) to the DWR 401 &
Buffer Permitting Branch (1617 Mail Service Center, Raleigh, NC 27699-1617) before any
impacts authorized in this certification occur. The project must be constructed and
maintained in compliance with the approved SMP. After the approval letter is submitted to
the Division, the SMP may not be modified without prior written authorization from DEMLR.
If the SMP is modified in the. future, then you shall provide an approval letter for the
modifications to the DWR 401 & Buffer Permitting Branch prior to the commencement of the
modifications. [15A NCAC 02H .0506(b)(5)]
4. No waste; spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification for this
project. All construction activities, including the design,' installation, operation, and
maintenance of sediment and erosion control Best Management Practices shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this permit. 115A NCAC 02H .0501 and .05021
S. Protective Fencing
All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and. must be maintained on the property until
the project phase is completed. [15A NCAC 02H .0506,(b)(2) and (c)(2) and 15A NCAC 02H
.0507 (c)]
6, Sediment and Erosion Control
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices. If applicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [15A NCAC 02H .0506(b)(3) and (c)(3)1:
a. Design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal or exceed the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor -owned or leased borrow pits
associated with the project.
b. For borrow pit sites; the erosion and sediment control measures must be designed,
installed; operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.
c.. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act of 1971.
Bailey & Fuller properties, LLC
DWR# 160783
Individual Certification #4083
Page 5 of 7
d. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
e. For SA, HQW waters. The sediment and erosion control designs must'comply with
the requirements set forth in 15A NGC 0413.0124 Design Standards in Sensitive
Watersheds.
7. Sediment and erosion control measures shall not be placed in wetlands or waters. -
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis-equilibrium of wetlands, stream beds, or
banks, adjacent to or upstream and downstream of the above,structures. All sediment and
erosion control devices shall be removed and the natural grade restored within two (2)
months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project. [15A NCAC 02H
.0501 and .0502]
8. Construction Stormwater Permit NCGO10000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your
project is covered by this permit, full compliance with permit conditions including the .
erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record
keeping and reporting requirements is required. A copy of the general permit
(NCG010000), inspection log sheets, and other information may be found at:
http://Portal.ncdenr.ore/web/wa/ws/su/npdessw#tab-w. [15A NCAC 0.2H .0506(b)(5) and
(c)(5)]
9. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
-that inadvertently contacts uncured concrete shall -not be discharged to waters of .the state
due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 0213.0200]
10. Construction Plans
Any final construction plans for this project must include or reference the application and
plans approved by the Division under this authorization letter and certification., The
applicant will also be required to evaluate all acquired permits to assure that they are
consistent and all relative impacts are accounted for and shown on the construction plans.
[15A NCAC 02H .0502 (b) and 15A NCAC 02H.0506 (4)]
11. Fueling, lubrication and general equipment maintenance should not take place within 50 feet
of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506
(b)(3) and (c)(3) and 15A NCAC 0213.0200 (3)(f)]
Bailey & Fulier,properties, LLC
DWR# 160783
Individual Certification #4083
Page 6 of 7
12. All mechanized equipment operated near surface waters or wetlands Will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon
or chemical spill, the permitee/contractor shall immediately contact the Division of Water
Quallty; between the hours of 8 am to 5 pm at the Wilmington Regional Office at,
910.796.7306 and after hours and on weekends call (800) 858-0368. Management of such
spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act. [15A NCAC 02H.0506 (b)(3) and (c)(3), 15A NCAC 028.0200 (3)(f),
and GS 143 Article 21A]
13. Deed notifications or similar mechanisms shall be.placed on all retained jurisdictional
wetlands, waters and protective buffers within the project boundaries in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall be put in
place at the time of recording of the property, or of individual lots, whichever is appropriate.
A sample deed notification canbe downloaded from the 401 &Buffer Permitting Branch
website at,http:�portal.ncdenr.org/web/way/swi) ws/403./`certsaiidgermi!s-/����pRbiLtorms The
.text of the sample deed notification may be modified as appropriate to suit to this project.
Documentation of deed notifications shall be provided to the Division upon request. [15A
NCAC 02H .0501 and .0502] ,
14. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal? State, or Local approvals.
15. Continuing Compliance
Chris Bailey and Bailey & Fuller Properties, LLC shall conduct construction activities in a
manner consistent with State water quality standards (including any requirements resulting
from compliance with section 303(d) of the Clean Water Act) and any.other appropriate
requirements of State and Federal law. If the Division determines that such standards or laws
are not being met (including the failure to sustain a designated or achieved use) orihat State
or federal law is being violated, or that further conditions are necessary to assure compliance,
the Division may reevaluate and modify this Certification. Before modifying the Certification,
the Division shall notify Chris Bailey and Bailey & Fuller Properties, LLC and the U.S. Army
Corps of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and
provide opportunity for public hearing in accordance with 15A NCAC 02H :0504. Any new or
revised conditions shall be provided to Chris Bailey and Bailey & Fuller Properties, LLC in
writing, shall be provided, to the U.S. Army Corps of Engineers for reference in any Permit
issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of
the 404 Permit for the project. [15A NCAC 02B;02001
Bailey & Fuller properties, LLC
DWR# 160783
Individual Certification #4083
Page 7 of 7
16. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable part of the Certification. If you change your project, you must notify
the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and
.0502]
17. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion
(available at: http:/Iportal.ncdenr.org/web/wg/swp/ws/401/certsandoermits/apply/forms).
[15A NCAC 02H .0502(f)]
18. This certification grants permission to the Director, or an authorized representative of the
Director, upon the presentation of proper credentials, to enter the property during normal
business hours. [15A NCAC 02H .0502(e)]
This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC
02H.05061
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 12" day of January 2017
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/js
4083
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-� DEPARTMENT OF THE ARMY
• WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVE
• + WILMINGTON, NORTH CAROLINA 28403
January, 23, 2018
REPLY TO
ATTENTION OF:
Regulatory Division
Action ID: SAW -2008-02698
Bailey & Fuller Properties, LLC
C/o Mr. Chris Bailey
405D Western Boulevard
Jacksonville, North Carolina 28412
Dear Mr. Bailey:
Please reference your November 17, 2017, request submitted by your agent, Southern
Environmental Group, Inc., to modify the Department of the Army (DA) permit issued on
February 16, 2017 to fill approximately 1.01 acres of jurisdictional wetlands and 120 linear feet
of jurisdictional ditches associated with a commercial development. This site is located at 810
West Corbett Avenue (Highway 24) in Swansboro, Onslow County, North Carolina. This DA
authorization expires on December 31, 2021. Your request is to modify the plans for the
commercial development and impact 0.69 acre of wetlands and 265 linear feet of jurisdictional
ditches.
Upon the review of your permit modification request, our office has determined that the
modification is hereby authorized pursuant to Section 404 of the Clean Water Act provided
adherence to all new, modified, and original conditions.
1) New Special Condition:
a. Special Condition #18: AVOIDANCE OF REMAINING ON-SITE
WETLAND: The Permittee shall avoid the remaining onsite wetlands (as detailed on the
attached drawings). These natural wetland areas were avoided as part of the permit application
review process and therefore will not be disturbed by any dredging, filling, mechanized land
clearing, or other construction work whatsoever.
2) Modified Special Condition (numbers coincide with the original permit conditions):
a. Special Condition #17: MITIGATION: In order to compensate for impacts
associated with this permit, mitigation shall be provided in accordance with the provisions
outlined on the most recent version of the attached Compensatory Mitigation Responsibility
Transfer Form. The requirements of this form, including any special conditions listed on this
form, are hereby incorporated as special conditions of this permit authorization.
The permittee, prior to initiating any land -disturbing activities, shall provide 1.40 credits of
mitigation via'payment into the Hoffman Forest Wetland Mitigation Bank for the project related
impacts of 0.69 acres of non -riparian wetlands. Prior to initiating any land -disturbing activities, a
copy of the updated acceptance letter and proof of payment provided by the Hoffman'Forest
Wetland Mitigation Bank shall be sent to the Corps of Engineers.
All other permit conditions pursuant to the February 16, 2017 authorization (copy
enclosed) remain applicable. If you have any questions or comments, please contact the project
manager, Rachel Capito at (910) 251-4487 or Rachel.A.Capito@usace.army. mi1.
Sincerely,
Eric Reusch
Chief, Wilmington Regulatory Field Office
Copies furnished with enclosures:
Dana Lutheran
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
Mr. Robb Mairs
North Carolina Division of Water Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Y:
Environmental
Quality
January 12, 2017
Bailey and Fuller Properties, LLC
Attn: Chris Bailey
405D Western Blvd
Jacksonville, NC 28546
ROY COOPER
Gntra3tnr
WILLIAM G. ROSS, JR.
Acrin3 secreiurl
DWR # 16-0783
Onslow County
Subject: Approval of Individual 401 Water Quality. Certification with Additional Conditions
Swansboro Park
USACE Action ID. No. SAW -2008-02698
Dear Mr. Bailey:
Attached hereto is a copy of Certification No. 4083 issued to Chris Bailey and Bailey & Fuller
Properties, LLC, dated January 12, 2017. Please note that you should get any other federal,
state or local permits before proceeding with the subject project, including those required
by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply
Watershed -regulations.
This approval and its conditions 'are final and binding unless contested. This Certification can be
contested as provided in General Statute 150B by filing a written petition for an administrative
hearing to the' -'Office of Administrative Hearings (hereby known as OAH) within sixty (60)
calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431-3000 for information. -A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and onecopy of
the petition along with any applicable OAH-filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Nothing Compares
Statc of North Carolina i Environmtmtal Quality i Water Rtsourcts
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919-707-9000
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Bailey & Fuller properties, LLC
DWR# 160783
Individual Certification #4083
Page 2 of 7
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Sam Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H.0500. Contact Robb Mairs at 910.796.7215 or Robb.Mairs@ncdenr.aov if
you have any questions or concerns.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
cc: Davis Syster — SEGi — electronic copy
Brennan Dooley - USACE Wilmington Regulatory Field Office — electronic copy
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta, GA 30303
DWR WiRO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 20160783Swan sboroPa rk(Onslow )_401_1 C.docx
Bailey & Fuller properties, LLC
DWR# 160783
Individual Certification #4083
Page 3 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #4083 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC
02H .0500 and 15A NCAC 02B .0200, to Chris Bailey and Bailey & Fuller properties, LLC, who have
authorization for the impacts listed below, as described within your application received by the
N.C. Division of Water Resources (Division) on August 9, 2016 and subsequent information on
October 24, 2016 and December 9, 2016, and by Public Notice issued by -the. U. S. Army Corps of
Engineers and received by the Division on August 12, 2016.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved provided that all of the conditions of the
Certification are met. No other impacts are approved, including incidental or temporary
impacts. [15A NCAC 02B .0506(b) & (c) and 15A NCAC 02B .0506(h)(8)]
2. °CompensatorwMitieation
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the Hofmann Forest Mitigation Bank to
meet this mitigation requirement. Until the Hofmann Forest Mitigation Bank receives and
clears your payment, and proof of payment has been provided to this Office, no impacts
specified in this Authorization Certificate shall occur. For accounting purposes, this
Authorization Certificate authorizes payment to the Hofmann Forest Mitigation Bank to
meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6) and
[15A NCAC 02B .0506(h)]
Com ensatory Mitigation Required River & Sub -basin Number
Wetlands 1.02 acres WO 03030001
Amount Approved (Units)
Plan Location or Reference
Stream
N/A
404/401 Wetlands
Permanent Temporary
Wetland Impacts Map C-1
Impact A
1.01 ac N/A
(attached)
TOTAL IMPACTS
1.01 Acre
2. °CompensatorwMitieation
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the Hofmann Forest Mitigation Bank to
meet this mitigation requirement. Until the Hofmann Forest Mitigation Bank receives and
clears your payment, and proof of payment has been provided to this Office, no impacts
specified in this Authorization Certificate shall occur. For accounting purposes, this
Authorization Certificate authorizes payment to the Hofmann Forest Mitigation Bank to
meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6) and
[15A NCAC 02B .0506(h)]
Com ensatory Mitigation Required River & Sub -basin Number
Wetlands 1.02 acres WO 03030001
Salley & Fuller properties, LLC
DWR# 160783
Individual Certification #4083
Page 4 of 7
3. Stormwater Management Plan
You are required to provide one copy of the stormwater management plan (SMP) approval
letter from the Division of Energy, Mining and Land Resources (DEMLR) to the DWR 401 &
Buffer Permitting Branch (1617 Mail Service Center, Raleigh, NC 27699-1617) before any
impacts authorized in this certification occur.' The project must be constructed and
maintained in compliance with the approved SMP. After the approval letter is submitted to
the Division, the SMP may not be modified without prior written authorization from DEMLR.
If the SMP is modified in the future, then you shall ,provide an - approval. letter for the
modifications to the DWR 401 & Buffer Permitting Branch prior to the commencement of the
modifications. [15A NCAC 02H .0506(b)(5)]
4. No waste; spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre -Construction Notification for this
project. All construction activities, including the design,installation, operation, and
maintenance of sediment and erosion control Best Management Practices shall be
performed so that no violations of state water quality standards, statutes; or rules occur.
Approved pians and specifications for this project are incorporated by reference and are
enforceable parts of this permit. 115A NCAC 02H .0501 and .0502]
S. Protective Fencing
All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property until
the project phase is completed. [15A NCAC 02H.0506 (b)(2) and (c)(2) and 15A NCAC 02H
.0507 (c)]
6. Sediment and Erosion Control
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices. If applicable, the project must comply with the specific conditions
and requirements of the NPDES Construction Stormwater Permit issued to the site and the
following requirements [15A NCAC 02H :0506(b)(3) and (c)(3)1;
a. Design; installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal or exceed the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor -owned or leased borrow pits
associated with the project.
b._ For borrow pit sites the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act of 1971.
Bailey & Fuller properties, LLC
DWR# 160783
Individual Certification #4083
Page 5 of 7
d. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
e.. For SA, HQW waters. The sediment and erosion control designs must comply with
the requirements set forth in 15A NCAC 0413.0124 Design Standards in Sensitive
Watersheds.
7. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in.a manner that may result in dis-equilibrium of, wetlands, stream beds, or
banks, adjacent to or upstream and downstream of.the above structures. All sediment and
erosion,control devices shall be removed and the natural grade restored within two (2)
months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released. the specific area within the project. [15A NCAC 02H
.0501 and .0502]
8. Construction Stormwater Permit NCGO10000
An NPDES Construction Stormwater Permit is required -for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your
project is covered by this permit, full compliance with permit conditions including the -
erosion & sedimentation control plan, inspections and maintenance, self-monitoring, record
keeping and reporting requirements is required. A copy of the general permit
(NCGO10000), inspection log sheets, and other information may be found at:
http://Portal.ncdenr.org/Web/wq/ws/su/npdessw#tab-w. [15A NCAC 02H .0506(b)(5) and
(c)(5)]
9. If concrete is used during the construction, then all necessary measures shall be taken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
-that inadvertently contacts uncured,concrete shall.not be discharged to waters of.the state
due to the potential for elevated pH and possible aquatic life/fish kills. [15A NCAC 0213.02001
10. Construction Plans
Any final construction plans for this project must include or reference the application and
plans approved by the Division under this. authorization letter and certification. The .
applicant will also be required to evaluate all acquired permits to assure that they are . .
consistent and all relative impacts are accounted for and shown on the construction plans.
[15A NCAC 02H.0502 (b) and 15A NCAC 02H.0506 (4)]
11. Fueling, lubrication and general equipment maintenance should not take place within 50 feet
of a waterbody or wetlands to prevent contamination -by fuel and oils. [15A NCAC 02H .0506
(b)(3) and (c)(3) and 15A NCAC 026.0200 (3)(f)]
Bailey & Fuller properties, LLC
DWR# 160783
_Individual Certification #4083
Page 6 of 7
12. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In'the event of a hydrocarbon
or chemical spill, the permitee/contractor shall immediately contact the Division of Water
Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at
910.796,7306 and after hours and on weekends call (800) 858-0368. Management of such
spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act. [15A NCAC 02H .0506.(b)(3) and (c)(3),15A NCAC 02B .0200 (3)(f),
and GS 143 Article 21Aj
13. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands,waters and protective buffers within the project boundaries in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall be put in
place at the time of recording of the property, or of individual lots, whichever is appropriate.
A sample deed notification can be downloaded from the 401 &Buffer Permitting Branch
website at http_; eortal.ncdenr.orelweb/wg/swp/ws/401/certsandpermits/62612/forms. The
text of the sample deed notification may be modified as appropriate to suit to this project.
Documentation of deed notifications shall be provided to the Division upon request. [15A
NCAC 02H .0501 and :05021
14. This Certification does not relieve the applicant of the responsibility to obtain all other.
required Federal, State, or Local approvals.
15. Continuing Compliance
Chris Bailey and Bailey & Fuller Properties, LLC shall conduct construction activities in a
manner consistent with State water quality standards (including any requirements resulting
from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State and Federal law. If the Division determines that such standards or laws
are not being met (including the failure to sustain a designated or achieved use) or'that State
or federal law is being violated, or that further conditions are necessary to assure compliance,
the Division may reevaluate and modify this Certification. Before modifying the Certification,
the Division shall notify Chris Bailey and Bailey & Fuller Properties, LLC and the U.S. Army
Corps of Engineers, provide public notice in accordance with 15A NCAC 02H .0503 and
provide opportunity for public hearing in accordance with. 15A NCAC 02H .0504:, Any new or
revised conditions shall be provided to Chris Bailey and Bailey & Fuller Properties, LLC in
writing, shall be provided to the U -.S. Army Corps of Engineers for reference in any Permit
issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of
the 404 Permit for the project. [15A NCAC 02B.0200].'
Bailey & Fuller properties, LLC
DWR# 160783
Individual Certification #4083
Page 7 of 7
16. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable part of the Certification. If you change your project, you must notify
the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name. [15A NCAC 02H .0501 and
.0502]
17. The applicant and/or authorized agent shall provide a completed Certificate of Completion
Form to the DWR 401 & Buffer Permitting Branch within ten days of project completion
(available at: http://portal.ncdenr.ore/web/wq/swp/ws/401/certsandpermits/apply/forms).
[15A NCAC 02H .0502(f)]
18. This certification grants permission to the Director, or an authorized representative of the
Director, upon the presentation of proper credentials, to enter the property during normal
business hours. [15A NCAC 02H .0502(e)]
This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification. [15A NCAC 02H .0507(d)(2) and 15A NCAC
02H.05061
Non-compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and/or civil penalties.
This the 121h day of January 2017
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
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Bailey Center 2019 IP Modification Supplemental Document F C, i
Appendix C
Jurisdictional Determination Packet
10 (4/16/19)
Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address: 904 W. Corbett Ave.
City, State:
County:
Swansboro, NC
Onslow
Parcel Index Number(s) (PIN): 025847, 031937
B. REQUESTOR INFORMATION
Name: David Scibetta
Mailing Address: 5315 S College Road Suite E
Wilmington, NC 28412
Telephone Number: 910-452-2711
Electronic Mail Address: DSCibetta@segi.us
Select one:
1-1 1 am the current property owner.
I am an Authorized Agent or Environmental Consultant
Interested Buyer or Under Contract to Purchase
Other. please explain.
C. PROPERTY OWNER INFORMATION
Name: Pauline C. Stroud
Mailing Address: 61 Old Hammocks Road
Swansboro, NC 28584
Telephone Number:
Electronic Mail Address:
Must provide completed Agent Authorization Form/Letter.
Documentation of ownership also needs to be provided with request (copy of Deed. County GIS Parcel Tat Record).
Version: May 2017 Page 2
Jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATION'A
By signing below, 1 authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. 1, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
David Scibetta
Print Name
Capacit\ : ❑ Owner ✓❑ Authorized Agent'
4/15/2019
Date
Signature
E. REASON FOR JD REQUEST: (Check as many as applicable)
❑ I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all aquatic resources.
❑ I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
rocess.
I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
❑ I intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
8 A Corps JD is required in order obtain my local/state authorization.
I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
HI believe that the site may be comprised entirely of dry land.
Other:
For NCDOT requests following the current NCDOT/USAGE protocols, skip to Part E.
If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
5 Must provide agent authorization formr"letter signed by ownerls).
Version: May 2017 Page 3
Jurisdictional Determination Request
F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One)
171 1 am requesting that the Corps provide a preliminary JD for the property identified herein.
A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be "waters of the United States" or "navigable waters of the United States -on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional "waters of
the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
"preliminary" in the sense that an approved JD can be requested at any time. PJDs do
not expire.
❑ I am requesting that the Corps provide an approved JD for the property identified herein.
An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional "waters of the United States" or "navigable waters of the United
States" are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other "affected
party' (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
❑ I am unclear as to which JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
QMap of Property or Project Area. This Map must clearly depict the boundaries of the
review area.
✓❑ Size of Property or Review Area 1.02 acres.
❑ The property boundary (or review area boundary) is clearly physically marked on the site.
Version: May 2017 Page 4
Jurisdictional Determination Request
H. REQUESTS FROM CONSULTANTS
Project Coordinates (Decimal Degrees): Latitude: N 34.69879
Longitude: W 77.14014
RA legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than 11 x 17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).'
■ North Arrow
■ Graphical Scale
■ Boundary of Review Area
■ Date
■ Location of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
■ Isolated waters, waters that lack a significant nexus to navigable waters, or non -
jurisdictional upland features should be identified as Non -Jurisdictional. Please
include a justification in the label regarding why the feature is non jurisdictional (i.e.
"Isolated", "No Significant Nexus", or -Upland Feature"). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
■ Wetland and non -wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non -wetland Waters of
the United States, wetland, stream, open water. etc. Please include the acreage and
linear length of these features as appropriate.
QCompleted Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations' to ensure that the
supplied map meets the necessary mapping standards. bn://www.saw.usace.anny.miVMissions/Reizulatory-Permit-
Program/Jurisdiction/
Version: Ma} 2017 Page 5
Jurisdictional Determination Request
✓❑ Completed appropriate Jurisdictional Determination form
• PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the
Aquatic Resource Table
• AJDs, please complete an Approved Jurisdictional Determination Form'
IV -7] Vicinity Map
Aerial Photograph
FYI USGS Topographic Map
R Soil Survey Map
aOther Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous.delineation maps, LIDAR maps, FEMA floodplain maps)
F] Landscape Photos (if taken)
NCSAM and/or NCWAM Assessment Forms and Rating Sheets
NC Division of Water Resources Stream Identification Forms
Other Assessment Forms
' wwwsaw.usace.army.mil/Portals/59/docs/regulatory/regdocs`JD/RGL 08-02 App A Prelim JD Form fillable.pdf
' Please see hU://www.saw.usace.artnv.mil/Missions/Re ug latorv-Permit-Program/Jurisdiction/
Principal Purpose: The information that you provide will be used in evaluating your request to determine
whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory
authorities referenced above.
Routine Uses: This information may be shared with the Department ofJustice and other federal, state, and local
government agencies, and the public, and may be made available as part of a public notice as required by federal
law. Your name and property location where federal jurisdiction into be determined will be included in the
approved jurisdictional determination (AJD), which will be made available to the public on the District's website
and on the Headquarters USAGE website.
Disclosure: Submission of requested information is voluntary; however, if information is not provided, the
request for an AJD cannot be evaluated nor can an AJD be issued.
Version: May 2017 Page 6
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: DATE
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Bailey & Fuller Properties, LLC, Chris Bailey,
405D Western B1vd.,Jacksonville, NC 28546
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, PROJECT NAME, FILE
NUMBER
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: 904 W. Corbett Ave.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Onslow City: Swansboro
Center coordinates of site (lat/long in degree decimal format): Latitude: N 34.69879 Longitude: W 77.14014
Universal Transverse Mercator:
Name of nearest waterbody: Cartwheel Branch
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s):
TABLE OFAQUATIC RESOURCES INREVIEWAREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site Number
Latitude (decimal
degrees)
Longitude (decimal
degrees)
Estimated amount of
aquatic resources in
review area (acreage
and linear feet, if
applicable
Type of aquatic
resources (i.e.,
wetland vs. non -
wetland waters)
Geographic authority to
which the aquatic resource
"may be" subject (i.e.,
Section 404 or Section
10/404)
Wetland
N 34.69877
W 77.14026
0.34 ac.
Wetland
404/401
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an
approved JD (AJD) for that review area based on an informed decision after having discussed the
various types of JDs and their characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or aNationwide General
Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or
requests verification for a non -reporting NWP or other general permit, and the permit applicant has
not requested an AJD for the activity, the permit applicant'is hereby made aware that: (1) the permit
applicant has elected to seek a permit authorization based on a PJD, which does not make an official
determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD
before accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being required or
different special conditions; (3) the applicant has the right to request an individual permit rather than
accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant
can accept a permit authorization and thereby agree to comply with all the terms, and conditions of that
permit, including whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without requesting an AJD
constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g.,
signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area
affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such
jurisdiction in any administrative or judicial compliance or enforcement action, or in any
administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD
or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual
permit (and all terms and conditions contained therein), or individual permit denial can be
administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic jurisdiction exists over
aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic
resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is
practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the
review area that could be I affected by the proposed activity, based on the following information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Wetland Exhibit
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: Hubert1:24k
® Natural Resources Conservation Service Soil Survey. Citation: Soil Survey of Onslow Co.
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100 -year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): 2016 NCOneMaps Orthoimagery
or ❑Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon for later jurisdictional determinations.
Signature and date of Regulatory
staff member completing PJD
DATE
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable) t
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an
action.
Onslow County, NC Tax Parcel Report Monday, April 15, 2019
Parcel ID
025847
Owner Name
STROUD PAULINE C
1319-196.1
1319-199
�tL
918
1319-201
131947.1'
il2gi'3i
1319-47.5
9-47.3 921
1319-51
General Information
Acres
Physical Address
Neighborhood Code
Plat Book & Page
Township
Building Value
Assessed Value
Heated Square Feet
Number of Bedrooms
Last Sale
Date
07-JUL-71
Map Number
1319-205
Owner Mailing Address
61 OLD HAMMOCKS RD
SWANSBORO NC 28584
1.00
904 W CORBETT RD
4276
NO-SUBDIV
SWANSBORO
$4,860.00
$462,240.00
Onslow County
Geographical Information
Services -GIS
234 NW Corridor Blvd.
Jacksonville, NC 28540
1319
d
Property Description
Subdivision
City Limit
NC PIN
Improvement Code
Land Value
Total Taxed Value
Year Built
NC24E
NO SUBDIVISION RECORDED
SWANSBORO
535520809416
O
$457.380.00
$462,240.00
Price Book Page
$0.00 405 146
WARNING: THIS IS NOT A SURVEY.
This map is prepared for the inventory of real property found within this jurisdiction, and is
compiled from recorded deeds, plats, and other public records and data. Users of this map are
hereby notified that the aforementioned public primary information sources should be consulted
for verification of the information contained on this map. The County and mapping company
assume no legal responsibility for the information contained on this map.
Onslow County, NC Tax Parcel Report Monday, April 15, 2019
Parcel ID
031937
Map Number
1319-206
Owner Name Owner Mailing Address
STROUD PAULINE C 61 OLD HAMMOCKS RD
SWANSBORO NC 28584
^
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~13196�-3,
1
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131913-27
1319H-8 0) 1319H-11 1318
1319-199.3
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a' -,1319H-12 1319H -"l 71 31913-26 131913-24 r--- - {
13191-1-7 13196.251_ u1 13196-34
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V 1319-199 13198-23
`�. 1319-204
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1319-47.2 ^� ���g' 1� 13198-36
1319-40,,"' 1319-51 , 9 52 131913-19
General Information
Acres 1.19 Property Description OFF NC 24
Physical Address CORBETT AVE Subdivision NO SUBDIVISION RECORDED
Neighborhood Code 4276 City Limit SWANSBORO
Plat Book & Page NO-SUBDIV NC PIN 535520900667
Township SWANSBORO Improvement Code V
Building Value $0.00 Land Value $59,500.00
Assessed Value $59,500.00 Total Taxed Value $59,500.00
Heated Square Feet Year Built
Number of Bedrooms
Last Sale
Date Price Book Page
04 -MAR -86 $3,000.00 769 183
Onslow County WARNING: THIS IS NOT A SURVEY.
Geographical Information This map is prepared for the inventory of real property found within this jurisdiction, and is
Services -GIS compiled from recorded deeds, plats, and other public records and data. Users of this map are
234 NW Corridor Blvd. hereby notified that the aforementioned public primary information sources should be consulted
Jacksonville, NC 28540 for verification of the information contained on this map. The County and mapping company
assume no legal responsibility for the information contained on this map.
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0 260 520 1.040 1.560 2060et Vicinity Map N
1 inch = 1,000 feet Pauline Stroud Property
Swansboro, Onslow County, NC Nk, E
Map Source: ESRI Street Maps 4/15/2019 07-113.01
5E.G
U1
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lee
Property Line
Project Area - -1.02 ac.
Q Approximate Wetlands 2008
0 50 100 200 300 400eet USGS Topo Map
N
1 inch = 200 feet Pauline Stroud Property
Map source: Uses Topoview Service, Swansboro, Onslow County, NC w E
7.5' 2016 Hubert quadrangle, 1:24k scale 4/15/2019 07-113.01
c
Property Line
0 Project Area - -1.02 ac.
Approximate Wetlands 2008
0 10 20 40 60 80
Feet
1 inch = 40 feet
Map source: NC Flood Mapping UDAR Data
•
UDAR Map
Pauline Stroud Property
Swansboro, Onslow County, NC
4/15/2019 07-113.01
`A
C
0 10 20 40 60 80 Wetlands Exhibit C' .
Feet
1 inch = 40 feet Pauline Stroud Property F
Swansboro, Onslow County, NC
Map Source: 2016 NCOneMap Orthoim5r G;agery 4/15/2019 07-113.01 ti
Property Line
0 Project Area - -1.02 ac.
Approximate Wetlands 2008
0 10 20 40 60 80
Feet
1 inch = 40 feet
Map Source: 2016 NCOneMap Orthoinnagery,
Soils Map of Onslow Co.
In
Soils Map
Pauline Stroud Property
Swansboro, Onslow County, NC
4/15/2019 07-113.01
U.S. Army Corps of Engineers Requ;rementControl Symbol
WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region EXEMPT
(Authority: AR 335-15,
See ERDC/EL TR -07-24; the proponent agency is CECW-CO-R paragraph 5-2a)
Project/Site: 904 W. Corbett Ave. City/County: Swans boro/Onslow Sampling Date: 3/26/2019
Applicant/Owner: Pauline Stroud State: NC Sampling Point: Upland
Investigator(s): David Scibetta, SEGi Section, Township, Range: NA
Landform (hillside, terrace, etc.): flatwoods Local relief (concave, convex, none): none Slope (%): 0
Subregion (LRR or MLRA): LRR T, MLRA 153A Lat: N 34.69858 Long: W 77.14031 Datum: NAD83
Soil Map Unit Name: Onslow NWI classification: NI
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes No X Is the Sampled Area
Hydric Soil Present? Yes No X within a Wetland? Yes No X
Wetland Hydrology Present? Yes No X
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
_Surface Soil Cracks (136)
_Surface Water (Al) _Aquatic
Fauna (1313)
_Sparsely Vegetated Concave Surface (68)
—High Water Table (A2) —Marl
Deposits (B15) (LRR U)
_'Drainage Patterns (B10)
_Saturation (A3) _Hydrogen
Sulfide Odor (Cl)
_Moss Trim Lines (1316)
—Water Marks (131) —Oxidized
Rhizospheres on Living Roots (C3)
_ Dry -Season Water Table (C2)
_Sediment Deposits (132) _Presence
of Reduced Iron (C4)
_Crayfish Burrows (C8)
_Drift Deposits (133) _Recent
Iron Reduction in Tilled Soils (C6)
_Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134) _Thin
Muck Surface (C7)
_Geomorphic Position (D2)
_Iron Deposits (135) _Other
(Explain in Remarks)
_ShallowAquitard (D3)
_ Inundation Visible on Aerial Imagery (137)
X FAC -Neutral Test (D5)
Water -Stained Leaves (139)
Sphagnum Moss (D8) (LRR T, U)
Field Observations:
Surface Water Present? Yes No
Depth (inches):
Water Table Present? Yes No
X Depth (inches):
Saturation Present? Yes No
X Depth (inches):
Wetland Hydrology Present? Yes No X
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116 -2 -SG, JUL 2018 Atlantic and Gulf Coastal Plain —Version 2.0
VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: Upland
Tree Stratum (Plot size:
1. Acerrubrum
2.
3.
4.
5.
6.
7.
30' )
Absolute Dominant Indicator
% Cover Species? Status
50 Yes
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC: 1 (A)
Total Number of Dominant
Species Across All Strata: ' 2 (B)
Percent of Dominant Species
That Are OBL, FACW, or FAC: 50.0% (A/B)
Prevalence Index worksheet:
8.
Total % Cover of: Multiply by:
50 =Total Cover
OBL species x 1 =
50% of total cover:
25 20% of total cover: 10
FACW species x2=
Sapling/Shrub Stratum (Plot size:
)
FAC species x3=
1.
FACU species x4=
2.
UPL species x5=
3.
Column Totals: (A) (B)
4.
Prevalence Index = B/A =
5.
Hydrophytic Vegetation Indicators:
6.
_ 1 - Rapid Test for Hydrophytic Vegetation
7.
2 - Dominance Test is >50%
8.
3 - Prevalence Index is s3.0'
=Total Cover
-Problematic Hydrophytic Vegetation' (Explain)
50% of total cover:
20% of total cover:
Herb Stratum (Plot size:
30' )
1. Juncus effusus 5 Yes OBL 'Indicators of hydric soil and wetland hydrology must be
2. present, unless disturbed or problematic.
3. Definitions of Four Vegetation Strata:
4• Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
5. more in diameter at breast height (DBH), regardless of
6 height.
7.
Sapling/Shrub -Woody plants, excluding vines, less
8• than 3 in. DBH and greater than 3.28 ft (1 m) tall.
9.
lo-
ll.
12.
5 =Total Cover
50% of total cover: 3 20% of total cover:
Woody Vine Stratum (Plot size: )
1.
2.
3.
4.
5.
=Total Cover
50% of total cover. 20% of total cover:
Remarks: (If observed, list morphological adaptations below.)
Herb -All herbaceous (non -woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.
Woody Vine - All woody vines greater than 3.28 ft in
1 height.
Hydrophytic
Vegetation
Present? Yes No X
ENG FORM 6116-2SG, JUL 2018 Atlantic and Gulf Coastal Plain - Version 2.0
SOIL Sampling Point: Upland
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix
Redox Features
(inches) Color (moist) %
Color (moist) % Type' LoC2 Texture Remarks
0-12 10YR 3/1 50
10YR 5/2 Loamy/Clayey
'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)
Indicators for Problematic Hydric SoiIS3:
_ Histosol (Al)
_Thin Dark Surface (S9) (LRR S, T, U)
_ 1 cm Muck (A9) (LRR O)
Histic Epipedon (A2)
_ Barrier Islands 1 cm Muck (S12)
2 cm Muck (A10) (LRR S)
—Black Histic (A3)
(MLRA 15313, 153D)
—Coast Prairie Redox (A16)
_Hydrogen Sulfide (A4)
_Loamy Mucky Mineral (F1) (LRR O)
(outside MLRA 150A)
_Stratified Layers (A5)
_Loamy Gleyed Matrix (F2)
_Reduced Vertic (F18)
_Organic Bodies (A6) (LRR, P, T, U)
_Depleted Matrix (F3)
(outside MLRA 150A, 15013)
_ 5 cm Mucky Mineral (A7) (LRR P, T, U)
_ Redox Dark Surface (F6)
—Piedmont Floodplain Soils (F19) (LRR P, T)
—Muck Presence (A8) (LRR U)
—_Depleted Dark Surface (F7)
_Anomalous Bright Floodplain Soils (F20)
_ 1 cm Muck (A9) (LRR P, T)
_ Redox Depressions (F8)
(MLRA 1538)
_Depleted Below Dark Surface (A11)
_Marl (F10) (LRR U)
_Red Parent Material (F21)
_Thick Dark Surface (Al2)
_Depleted Ochric (F11) (MLRA 151)
_Very Shallow Dark Surface (F22)
_Coast Prairie Redox (A16) (MLRA 150A)
Iron -Manganese Masses (F12) (LRR O, P, T)
(outside MLRA 138, 152A in FL, 154)
—Sandy Mucky Mineral (S1) (LRR O, S)
_ Umbric Surface (F13) (LRR P, T, U)
—Barrier Islands Low Chroma Matrix (TS7)
_Sandy Gleyed Matrix (S4)
_Delta Ochric (F17) (MLRA 151)
(MLRA 15313, 153D)
_Sandy Redox (S5)
_Reduced Vertic (F18) (MLRA 150A, 150B)
_Other (Explain in Remarks)
_Stripped Matrix (S6)
_Piedmont Floodplain Soils (F19) (MLRA 149A)
_Dark Surface (S7) (LRR P, S, T, U)
_Anomalous Bright Floodplain Soils (F20)
_ Polyvalue Below Surface (S8)
(MLRA 149A, 153C, 153D)
3Indicators of hydrophytic vegetation and
(LRR S, T, U)
_Very Shallow Dark Surface (F22)
wetland hydrology must be present,
(MLRA 138,152A in FL, 154)
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present? Yes No X
Remarks:
ENG FORM 6116 -2 -SG, JUL 2018 Atlantic and Gulf Coastal Plain –Version 2.0
U.S. Army Corps of Engineers Requirement Control Symbol
WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region EXEMPT AR AR 335-15,
See ERDC/EL TR -07-24; the proponent agency is CECW-CO-R paragraph 5-2a)
Project/Site: 904 W. Corbett Ave. City/County: Swansboro/Onslow Sampling Date: 3/26/2019
Applicant/Owner: Pauline Stroud State: NC Sampling Point: Wetland
Investigator(s): David Scibetta, SEGi Section, Township, Range: NA
Landform (hillside, terrace, etc.): depression Local relief (concave, convex, none): concave Slope (%): 0
Subregion (LRR or MLRA): LRR T, MLRA 153A Lat: N 34.69870 Long: W 77.14037 Datum: NAD83
Soil Map Unit Name: Onslow NWI classification: PF01Cd
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes X No
Wetland Hydrology Present? Yes X No
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
_Surface Soil Cracks (66)
X Surface Water (Al) _Aquatic
Fauna (613)
_Sparsely Vegetated Concave Surface (68)
X High Water Table (A2) —Marl
Deposits (1315) (LRR U)
—Drainage Patterns (610)
X Saturation (A3) _Hydrogen
Sulfide Odor (Cl)
_Moss Trim Lines (616)
_Water Marks (61) _Oxidized
Rhizospheres on Living Roots (C3)
_Dry -Season Water Table (C2)
_Sediment Deposits (62) _Presence
of Reduced Iron (C4)
_Crayfish Burrows (C8)
_Drift Deposits (63) _Recent
Iron Reduction in Tilled Soils (C6)
_Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (64) _Thin
Muck Surface (C7)
_Geomorphic Position (D2)
_Iron Deposits (65) _Other
(Explain in Remarks)
_ShallowAquitard (D3)
_ Inundation Visible on Aerial Imagery (137)
X FAC -Neutral Test (D5)
Water -Stained Leaves (69)
Sphagnum Moss (D8) (LRR T, U)
Field Observations:
Surface Water Present? Yes X No
Depth (inches): 7
Water Table Present? Yes X No
Depth (inches): 0
Saturation Present? Yes X No
Depth (inches): 0
Wetland Hydrology Present? Yes X No
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116 -2 -SG, JUL 2018 Atlantic and Gulf Coastal Plain —Version 2.0
VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: wetland
8.
Absolute Uominant Inaicator
Total % Cover of: Multiply by:
Tree Stratum (Plot size: 30' )
% Cover Species? Status
Dominance Test worksheet:
40 20% of total cover: 16
1. Acer rubrum
80 Yes
Number of Dominant Species
FAC species x 3 =
2.
30 Yes FAC
That Are OBL, FACW, or FAC:
2 (A)
3.
UPL species x 5 =
Total Number of Dominant
Sapling/Shrub -Woody plants, excluding vines, less
4.
4.
Species Across All Strata:
3 (B)
5.
Percent of Dominant Species
6.
6.
_ 1 - Rapid Test for Hydrophytic Vegetation
That Are OBL, FACW, or FAC:
66.7% (A/B)
7.
8.
Prevalence Index worksheet:
3 - Prevalence Index is s3.0'
8.
Total % Cover of: Multiply by:
80 =Total Cover
OBL species x 1 =
50% of total cover:
40 20% of total cover: 16
FACW species x2=
Sapling/Shrub Stratum (Plot size: 30'
)
FAC species x 3 =
1. Acer rubrum
30 Yes FAC
FACU species x4=
2.
7.
UPL species x 5 =
3.
Sapling/Shrub -Woody plants, excluding vines, less
Column Totals: (A) (B)
4.
9.
Prevalence Index = B/A =
5.
Hydrophytic Vegetation Indicators:
6.
11
_ 1 - Rapid Test for Hydrophytic Vegetation
7.
X 2 - Dominance Test is >50%
8.
50% of total cover: 3 20% of total cover: 1
3 - Prevalence Index is s3.0'
30 =Total Cover
Problematic Hydrophytic Vegetation' (Explain)
50% of total cover: 15 20% of total cover: 6
Herb Stratum (Plot size: 30' )
1. Juncus effusus 5 Yes OBL
'Indicators of hydric soil and wetland hydrology must be
2.
present, unless disturbed or problematic.
3.
Definitions of Four Vegetation Strata:
4•
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
5.
more in diameter at breast height (DBH), regardless of
6
height.•
7.
Sapling/Shrub -Woody plants, excluding vines, less
8.
than 3 in. DBH and greater than 3.28 ft (1 m) tall.
9.
10.
Herb -All herbaceous (non -woody) plants, regardless
11
of size, and woody plants less than 3.28 ft tall.
12.
5 =Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover: 3 20% of total cover: 1
height.
Woody Vine Stratum (Plot size: )
1.
2.
3.
4.
5. Hydrophytic
=Total Cover Vegetation
50% of total cover: 20% of total cover: Present? Yes X No
Remarks: (If observed, list morphological adaptations below.)
ENG FORM 6116-2SG, JUL 2018 Atlantic and Gulf Coastal Plain -Version 2.0
SOIL Sampling Point: Wetland
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix
Redox Features
(inches) Color (moist) %
Color (moist) % Type' Loc2 Texture Remarks
0-12 10YR 2/1
Mucky Loam/Clay
'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)
Indicators for Problematic Hydric Soils3:
_Histosol (Al)
_Thin Dark Surface (S9) (LRR S, T, U)
_1 cm Muck (A9) (LRR O)
_Histic Epipedon (A2)
_Barrier Islands 1 cm Muck (S12)
_2 cm Muck (A10) (LRR S)
_Black Histic (A3)
(MLRA 15313, 153D)
_Coast Prairie Redox (A16)
_Hydrogen Sulfide (A4)
_Loamy Mucky Mineral (F1) (LRR O)
(outside MLRA 150A)
—Stratified Layers (A5)
_ Loamy Gleyed Matrix (F2)
—Reduced Vertic (F18)
_Organic Bodies (A6) (LRR, P, T, U)
_Depleted Matrix (F3)
(outside MLRA 150A, 15013)
X 5 cm Mucky Mineral (A7) (LRR P, T, U)
_ Redox Dark Surface (176)
—Piedmont Floodplain Soils (F19) (LRR P, T)
_Muck Presence (A8) (LRR U)
_Depleted Dark Surface (F7)
_Anomalous Bright Floodplain Soils (F20)
_ 1 cm Muck (A9) (LRR P, T)
_ Redox Depressions (F8)
(MLRA 15313)
_Depleted Below Dark Surface (A11)
_Marl (F10) (LRR U)
_Red Parent Material (F21)
_Thick Dark Surface (Al2)
_Depleted Ochric (F11) (MLRA 151)
_Very Shallow Dark Surface (F22)
_Coast Prairie Redox (A16) (MLRA 150A)
Iron -Manganese Masses (F12) (LRR O, P, 1)
(outside MLRA 138,152A in FL, 154)
Mucky Mineral (S1) (LRR O, S)
X Umbric Surface (F13) (LRR P, T, U)
_ Barrier Islands Low Chroma Matrix (TS7)
_Sandy
_Sandy Gleyed Matrix (S4)
_Delta Ochric (F17) (MLRA 151)
(MLRA 1538, 153D)
_Sandy Redox (S5)
_Reduced Vertic (F18) (MLRA 150A, 15013)
_Other (Explain in Remarks)
_Stripped Matrix (S6)
_Piedmont Floodplain Soils (F19) (MLRA 149A)
Dark Surface (S7) (LRR P, S, T, U)
_Anomalous Bright Floodplain Soils (F20)
_
Polyvalue Below Surface (S8)
(MLRA 149A, 153C, 153D)
3Indicators of hydrophytic vegetation and
(LRR S, T, U)
—Very Shallow Dark Surface (F22)
wetland hydrology must be present,
(MLRA 138,162A in FL, 154)
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present? Yes No
Remarks:
ENG FORM 6116 -2 -SG, JUL 2018 Atlantic and Gulf Coastal Plain –Version 2.0
Bailey Center 2019 IP Modification Supplemental Document 9F (-ii
Appendix D
Bailey Center Site Plan & Wetland Impact Map
11 (4/16/19)
Bailey Center 2019 IP Modification Supplemental Document F (—ii
Appendix E
Current Site Condition Photos
12 (4/16/19)
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SETBACKS:
FRONT REQ'D=25' PROP=7y
REAR REQ'D=1o' PROP-- 74!
SIDE REQ'D= o2/o'R PROP= 687474R
EXISMG LAND USE:
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GROSSFLOORAREA:
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BUU.DING IM011T: TBD (35' MAX)
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ONSITE IMITAVIOUS SURFACES:
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PAVED PARKING=
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TOTAL ONSITE ErIPERVR)US=
77.163 SF (67.2%)
OFFSITE IMPERVIOUS SURFACES:
ACCESS DRIVE = 7,611 SF
PARKINGMW REQUIRED:
(RErAlLUSE/MULTI-PURPOSE:ISPACEPER3oo SFOFBLD.)
TOTAL PARKING REQUIRED: 20,286/3oo= 68 SPACES
TOTALPARM NG PROVIDED: 93 SPACES (4 HC)
PARKING LOT INTERIOR LANDSCAPING:
REQUIRED: %990SF(49.&77SEX8%)
PROVIDED: 6,683 SF
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-- -- -- APPROVAL
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
JAN 2 2 2018
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REVISIONS
CLIENT INFORMATION:
BAILEY & PULUMPROPERT(ES.1,LC
P.O. BOX 400
JACESOIYV B.LE, NC 28451
(910)346-8443
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CLIENT INFORMATION:
BAILEY & PULUMPROPERT(ES.1,LC
P.O. BOX 400
JACESOIYV B.LE, NC 28451
(910)346-8443
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LiaO:ID: LOC DATE
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APPROVED. GDC
PRODrcr MAIDEA: :017-034
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