19960133 Ver 1_COMPLETE FILE_19960125

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS 50°
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF December 4, 1996
Regulatory Branch
RECEIVED
Action ID. 199602100 CEC 05 1996
ENVIRONMENTAL SCIENCp?g
Mr. Clifton Ray Moore
424 Bennett Drive
Selma, North Carolina 27576
Dear Mr. Moore:
On March 20, 1996, you applied for Department of the Army
authorization to discharge fill material into 1.5 acres of
jurisdictional waters of the United States adjacent to the Neuse
River to allow for the construction of an office/storage
facility, located immediately south of U.S. Highway 70 Business,
in Smithfield, in Johnston County, North Carolina.
After review of your proposal, the National Marine Fisheries
Service recommended denial of your application by letter dated
April 22, 1996 (copy enclosed). This recommendation is made as a
result of anticipated adverse environmental impacts. We suggest
that you revise your plans, paying particular attention to
avoidance and minimization measures which can be implemented for
the project. Also, included for your information is a copy of
the comments received from the North Carolina Wildlife Resources
Commission dated May 1, 1996.

-2-
Any response to the enclosed letter you may wish to provide
should be submitted to this office on or before December 18, 1996.
If you have questions, please contact Mrs. Jean B. Manuele of my
Raleigh Field Office Staff, telephone [phone], Ext.24.
Sincerely,
S. Kenneth Jolly
Manager, Raleigh Regulatory
Field Office
Enclosures
Copies Furnished (without enclosures):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency
Atlanta Federal Center
100 Alabama Street, SW
Atlanta, Georgia 30303
Mr. Larry Hardy
National Marine Fisheries
Service
Pivers Island
Beaufort, North Carolina 28516
Mr. John Hefner
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment, Health an
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27626
4
State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary p E H N F=1
A. Preston Howard, Jr., P.E., Director
Mr. Clifton Ray Moore
424 Bennett Drive
Selma, NC 27576
Dear Mr. Moore,
May 23, 1996
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed commercial fill
Project #960133, COE #199602100
Johnston County
Attached hereto is a copy of Certification No. 3067 issued to dlr. Clifton Ray Moore dated May
23, 1996.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Attachments
960133.wgc
C?.
ston P.E
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
Kevin Martin; Soil and Environmental Consultants
Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX ff 733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/101.= post consumer paper
NORTH CAROLINA
Johnston County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Clifton Ray Moore
resulting in 1.5 acres of wetland impact in Johnston County pursuant to an application filed on the 4th
day of April of 1996 to construct a commercial facility.
The Application provides adequate assurance that the discharge of fill material into the waters of
Neuse River in conjunction with the proposed development in Johnston County will not result in a
violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303. X06,
307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions
hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as to prevent significant increase in
turbidity outside the area of construction or construction related discharge (50
NTUs in streams and rivers not designated as trout waters by DEM; 25 NTUs in :Jl
saltwater classes, and all lakes and reservoirs; 10 NTUs in trout waters).
2. The ditch leading to the Neuse River from the center of the wetland shall be
plugged with a one-foot tall concrete dam/weir to increase water retention.
3. A stormwater detention device shall be installed in the existing fill at the rear of the
property to allow stormwater to sheetflow at non-erosive velocities into the
wetland.
4. Remaining wetlands on this site shall have a deed restriction placed on them to
prevent future wetland fill and may be deeded to a public or non-profit group or
agency.
Violations of any condition herein set forth shall result in revocation of this Certification. This
Certification shall become null and void unless the above conditions are made conditions of the Federal
404 and/or coastal Area Management Act Permit. This Certification shall expire upon expiration of the
404 or CAMA permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon written
request within sixty (60) days following receipt of this Certification. This request must be in the form
of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed v,ith
the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. If modifications
are made to an original Certification, you have the right to an adjudicatory hearing on the modifications
upon written request within sixty (60) days following receipt of the Certification. Unless such demands
are made, this Certification shall be final and binding.
This the 23rd day of May, 1996
DIVISION OF ENVIRONMENTAL MANAGEMENT
WQC #3067
P.E.
:WRC,HCP,FALLS LAKE
1
TEL:[phone] May 01'96 17:11 No.004 P.02
0 North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-7333391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Dorney
Water Quality Planning, DEM- , D?
FROM: Owen F. Anderson, dm nt Region Coordinator
Habitat Conservation Program
DATE: May 1, 1996
SUBJECT: 401 Water Quality Certification for Clifton Ray Moore to Discharge Fill into
Wetlands of the Neuse River, Johnston County, Neuse River Basin, 199602100
Staff biologists with the North Carolina Wildlife Resources Commission have reviewed
the subject application for 401 Water Quality Certification with respect to anticipated project
impacts on aquatic habitats. Our comments are provided in accordance with certain provisions
of the Fish and Wildlife Coordination Act (Stet. 401, as amended; 1611S.C. 661 et. seq.), and
Section 401(b) of the Clean Water Act of 1977 (as amended), and North Carolina General
Statutos (G,S. 113-131 ct seq.).
The proposed project involves the filling of 1.3 acres of jurisdictional wetlands aciincent
to the Neuse River in Smithfield for a commercial development. The entire tract totals
approximately 25.09 acres, which is mostly jurisdictional wetlands. The applicant has offered to
preserve 20 acres of wetlands and several acres of non jurisdictional land in the riparian area.
This would provide u mitigation ratio of approximately 13:1. The mitigation will be donated to a
land trust.
While we agree that the mitigation ratio is acceptable, we are concerned about the
secondary impacts of stor nwatcr runoff from this development. To further minimize impacts to
water quality and aquatic resources in the Neuse River, we request that the following conditions
be incorporated into this permit:
1. Place decd restrictions on the conservation casement to prevent any future wetland
destruction, Timber harvest should be prohibited except for management activitie4 that
would improve the diversity of high-quality-mast producing species (i.e. oaks, hickories,
black gum or holly).
2. Place deed restrictions on all wetlands retained by the applicant to prevent any further
destruction by the current or future owners.
N'.JRC,HCP,FALLS LAKE TEL:[phone] May 01'96 17:12 No.004 P.03
.) >
Clifton Ray Moore 2 May 1, 1996
199602100
3. Require the installation of'a stormwater detention basin to trap sediments and pollutants
prior to discharging to the adjacent wetland area, The discharge point should be designed
to prevent erosion or scouring of wetland areas and to enhance and maintain the
hydrology of the applicant's adjacent wetland area.
4. Before filling the subiect 1.5 acres of wetland, require the applicant to convey the
mitigation lands to a land trust or conservation organization for protection in perpetuity as
a natural area.
5. All fill -jhould be sloped and stabilized with Ycgetation in such a maimer as to prevent
erosion of the fill Into the adjacent wetland area.
Thank you for the opportunity to provide input into the review process. if we can be of
further assistance, please contact our office at [phone].
kNDt1M PRINT NAMES :

y"y
Reviewer:
JOHN DORNEY WQ SUPV.:?
ENVIRONMENTAL SCIENCES BRANCH DATE:
?T
___ WETLAND STAFF REPORT AND RECOMMENDATIONS
.. *EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE
)
PERMIT YR: P RMTTT NO: /
COUNTY:
APPLICANT NAME:
PROJECT _TYPE: , PERMIT
TYPE:
COE J: -
DOT #:
RCD_FROM _CDA: DATE FRM CDA:
REG_OFFICE: ,?Rp 3 72 - -

RIVER_AND_SUB_BA
SIN_# : ., G?;L STR_INDEX_NO : /
2 -4-
STREAM CLASS_:?S_?'
WL_IMPACT?:( YIN WL_TYPE:
WL_REQUESTED: WL_ACR_EST?:_Y/N
WL_SCOREM : 5 WATER IMPACTED BY FILL? :?Y/N
MITIGATION?: Y/ 1) MITIGATION - TYPE:
MITIGATION_SIZE:/? DID YOU REQUEST MORE INFO?: Y/N
IS WETLAND RATING SHEET ATTACHED?: Y/N
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/N
RECOMMENDATION (Circle One): ISSUE/ISSUE/COND DENY
COMMENTS : Z r ?? wz ,yzo`S e L 5 - 43
r G ?7 ?7G_.yJ LG L l / _ v / !
Z' ?L
r
Regional Office A-6
Central Files
YW
Name of
e t1an+4
?Q
F-1 Q.
Wetland a acres We
evaluator
,R?Bottomland hardwood forest
? Headwater forest
? Swamp forest
? Wet flat
? Pocosin
? Pine savanna
? Freshwater marsh
? Estuarine fringe forest
? Ephemeral wetland
? Carolina Bav
*The rating system cannot be applied to salt or brackish marshes or stream channels
weight
Water storage x 4.00
A Wetland Score
Bank/Shoreline stabilization x 4.00
Pollutant removal
x 5.00
Wildlife habitat =
x 2.00
Aquatic life value x 4.00 ""? A,? /
Recreation/Education x 1.00 = <>> ;
Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within 1 /2 mile upstream, upslope, or radius
Project name ' Nearest road
•
46 Soil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
*0,p R?c&/?F0 May 17,1996
,-4V/,q,0 ??
MEMO NNTq`sc/? 6
'ms's
To: John Dorney
From: Kevin Martin
Re: Ray Moore Individual 401 Water Quality Certification, Johnston
County, NC
After our site meeting, I reviewed the suggestions you and your staff made and
have the following responses:
1. It appears we can install a small stormwater detention pond in the existing
fill at the back of the proposed development for use in "knocking down"
the hydrograph in storm events so that stormwater does not enter the
wetland at such a velocity that it scours/damages it (see attached letter
from the project engineer).
2. It does not appear that the project can be redesigned to narrow the depth of
fill and lengthen the width along Highway 70 (see attached letter from
project engineer).
3. The owner has no objection to partially (i.e. ± 1 foot) blocking the ditch near
its intersection with the Neuse River so that drainage from the wetland is
reduced but stormwater from the Neuse is not impeded.
I believe the above addresses all of your verbal comments. Please call if you
need anything further in order to process the application.
cc: Jean Manuele, USACOE Raleigh
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design

4PMq<11\4&CREHD
May 16, 1996
Kevin Martin
ENGWEERS Soil and Environmental Consultants, Inc.
SURVEYORS 244 Millbrook Road
Raleigh, N.C. 27609
ARCMECTS
RE: Ray Moore Property
PLAM Ur.
Dear Kevin,
Concerning your letter dated April 15, 1996 1 have reviewed the ;possibility
of installing a pond at the rear of the proposed development. tr fe- should
be able to install a pond in the existing fill area at the rear of the site and
drain all the new development into it. This pond would drain into the
existing wetland area. I have also reviewed the possibility of reconfiguring
the site plan to use all the frontage of the property and reduce the depth
of the development. The zoning required for this developmer,, is B-3
business and it requires a 50 foot setback. If we reconfigured the site we
would need to move the storage units from behind the offices to Lhe area
fronting on US 70. 1 have discussed this with Bob Grant the plannier for
the Town of Smithfield and he stated the he is in favor of the storage units
staying in the rear of the offices and the frontage area that is riotL being
developed remain natural. He felt that this would be a much, better
condition aesthetically and would be much more desirable by the town.
If I can be of any further assistance please call me.
SUITE 117 Sincerely,
BUWNG I M/c?KIM & CREED ENGINEERS, P.A.
5625 DIUARD ROAD
CARP. NC 27511
A. Dan Simmons
PHONE [phone] Project Manager
FAX [phone]
DOCW WC
05/17/1996 15:54 9198469467 PAGE 01
F Soil & Envu" onmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina. 27609 ¦ [phone] ¦ Fax [phone]
Mla.MO
l'0: John Dorney
From: Kovin Martin
W-r Reiv Moore Individual 403 Water Quality Certification, Johnston
County, NC
Post-It' Fax Note 7671 °a'p 5 -i pa$a.? 2„„
to 0rn IMrom ZAJI' (N (n, r. ',a
1coiDelff,
Dery\ CO.
EL
Phone N Photo M
Fax M 733 _ q4, 9 Fax N
May '17, 1996
??2T91 l,??
?Rr
After our site meeting, I reviewed the suggestions you and your staff made and
have the following responses:
1. It appears we can install a small stormwater detention pond in the existing
fill at the back of the proposed development for use in "knocking down"
the hydrograph in storm events so that stormwater does not enter the
wetland at such a velocity that it scours/ darn ages it (see attached letter
from the project engineer).
2. It does not appear that the project can be redesigned to narrow the depth of
fill and lengthen the width along Highway 70 (see attached letter from
project engineer).
3. The owner has no objection to partially (i.e. + 1 foot) blocking the ditch near
its intersection with the Neuse River so that drainage from the wetland is
reduced but stormwater from the Neuse is not impeded.
J' believe they above addresses all of your verbal comments. Please call if you
need anything further in order to process the application.
Jean Manuele, USACOE Raleigh
Sail/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
05/17/1996 15:54 9198469467
05/18/98 08:49 1$'9192338031 MCKIN & CREED/RL
M?TCIIVi£?CR?
May 1B, 1998
Kevin Martin
Soil and Environmental Consultants, Inc.
amVevo" 244 Millbrook Road
Raleigh, N.C. 27609
A=HtrkO$
RE: Ray Moore Property
PLAMca Dear Kevin,
PAGE 02
LO u u A
Concerning your letter dated April 15, 19981 have reviewed the '.ossibi ft
of Installing a pond at the rear of the proposed development. V', <_,hrwld
be able to Install a pond in the existing fill area at the rear of th -i and
drain all the new development Into it. This pond would drain. +:n the
existing wetland area. I have also reviewed the possibility of rer,•;;;rit' guring
the site plan to use all the frontage of the property and reduce depth
of the development. The zoning required for this developmer:,: is B-3
business and ft requires a 50 foot setback. If we reconfigured ?`ite we
would need to move the storage units from behind the offices to ,` ?:. Pres
fronting on US 70. 1 have discussed this with Bob Grant the r - , .:-r for
the Town of Smithfield and he stated the he Is in favor of the stoi :? ,. nits
staying in the rear of the offloes and the frontage area that is c; Virg
developed remain natural. He felt that this would be a rrn .' ,, '_,etter
condition aesthetically and would be much more desirable by the ?cl
If I can be of any further assistance please call me.
MEW Sincerely,
5uun++G , MOM CREED ENGINEERS, P.A.
5679 OILLAM ROV /? .?.
CNN. NC 77811
A. Dan Simmons
PHONE W/233-5ov1 Project Manager
FAX 94%733.50.71
Project name
Nearest road
y ?Aa,,G-6&? Wetland r a `L acres Wetland avid
Count =?
Name of evaluator ?- Date
I TF

eet
<Vetland type (select one)*

Bottomlancl hardwood forest
? Pine savanna
? Bog forest
? Headwater forest ? Freshwater marsh ? Bog/fen
? Swamp forest ? Estuarine fringe forest ? Seep
? Wet flat ? Ephemeral wetland ? Other
? Pocosin ? Carolina Bay
*The rating system cannot be applied to salt or brackish marshes or stream channels
weight
Water storage x 4
00
.
Bank/Shoreline stabilization x 4.00 = ,.,;.,,....:.,.,
f!'fi;;•' Wetland Score ;
' - Pollutant removal
x 5
00
.
S
Wildlife habitat
x 2.00 = .'?.:•...
Aquatic life value ? x 4.00 = %rl.<>; '??'

Recreation/Education
x 1.00
* Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within 1 /2 mile upstream, upslope, or radius
s
MEMDRANDUM
PRINT NAMES:
Reviewer: yyy?`?o
TO: JOHN DORNEY WQ SUPV.:
ENVIRONMENTAL SCIENCES BRANCH DATE:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE), ;; .. ..
PERMIT YR : P RM T NO : COUNTY:
L/b
APPLICANT NAME: C?40 ?
PROJECT-TYPE: PERMIT TYPE :
COE #: DOT #:
RCD_FROM_CDA: DATE_FRM_CDA:
REG_OFF I CE : .00
RIVER-AND-SUB-BASIN-#: STR_INDEX_NO :
STREAM_CLASS :
WL_IMPACT? : (Yj/N WL_TYPE:
WL_REQUESTED: W?ACR EST?: Y/N
WL_SCOREM : ` WATER IMPACTED BY FILL? :?Y/N
MITIGATION?: Y/ MITIGATION TYPE:
MITIGATION _SI7E:?L DID YOU REQUEST MORE INFO?: Y/N
IS WETLAND RATING SHEET ATTACHED?: Y/N
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/N
RECOMMENDATION (Circle One): ISSUE/ISSUE/COND DENY
COMMENTS . f l ?? ?c ??'z ?ILIS e 1- _? 43
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CC : Regional Office Central Files
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Soil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
February 7, 1996
NCDEH&NR - DEM Arm Corps of Engineers
Attn: Mr. John Dorney ttn: Ms. Jean Manuele
4401 Reedy Creek Road 6512 Falls of the Neuse Rd, Suite 105
Raleigh, NC 27607 Raleigh, NC 27615-6846
Dear Mr. Dorney and Ms. Manuele:
The purpose of this letter is to request an Individual Permit, and a Section 401
Water Quality Certification for the project known as the HWY. 70 Office /
Storage Facility Project. The project, owned by Mr. Clifton Ray Moore, is located
near Smithfield, NC (Johnston County). The site is shown on the enclosed
Selma N.C., USGS Topo Quad vicinity map.
It will be necessary to impact 1.5 acres (see attached Site Development Plan) of
jurisdictional wetlands below headwaters for the placement of the proposed
facility. The tract, totaling 25.09 acres, is almost entirely jurisdictional wetlands
(see attached Wetland Sketch Map); all wetlands on-site are below headwaters.
The enclosed wetland map illustrates the extent of wetlands on the site.
Proposed fill activities would occur adjacent to Hwy. 70.
Stormwater from the project will be diverted into the wetland behind the facility
so that it must filter through the wetland prior to reaching the Neuse River.
Construction of a stormwater pond would require additional wetland impacts.
The landowner will maintain 3.8 acres of the tract adjacent to Hwy. 70 (as shown
on the Site Development Plan). The remainder of the property will be donated to
a non-profit or governmental land trust for preservation. Uplands adjacent to the
Neuse River will be included within the donation to the land trust (See Site
Photo 1).
Fill activities will allow for the development of 8% of the entire tract. The
proportionately small fill area allows for a reasonable use of this commercial
property. Construction of the facility maximizes the use of existing uplands and
minimizes impacts to high quality wetlands. Wetlands within the donation area
are freshwater marsh and bottomland hardwood forests (See Site Photo 2).
Wetlands impacted by the current site plan are cut-over bottomland hardwoods
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
comprised mostly of red maple, sweetgum and tulip poplar saplings (See Site
Photos 3 and 4).
The proposed site plan and preservation plan are reasonable; the landowner is
able to utilize his property and 20 acres of high quality wetlands are preserved.
The current plan will result in a preservation to impact ratio of 13.3 to 1. Similar
projects have received individual permits from the Corps and Water Quality
Certification from DEM in the recent past.
We previously met on-site with Ron Ferrel of DEM and Jean Manuele of the
Corps to discuss the project.
Please call if you have questions or if you require further information. If you
intend to perform an additional site visit please call and we will arrange for
someone to accompany you.
Sincerely,
Kevin Martin,
President
cc: (with enclosures)
iHuysm n,
Biologist
USF&WS
N.C. Cultural Resources
National Marine Fisheries Service
Site Photo 1: Upland Adjacent to Neuse River.
??, - , •;,?.- ,,?j,i 58+1

Site Photo 2 Marsh Within Donation Area.

? r •• x try;
Site Photo 3: Impact Area
f?

Site Photo 4: Impact Area
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-003
(33 CFR 325) I Expires October 1996
Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send
c mments regarding this burden estimate or any other aspect of this collection of Information, including suggestions for reducing this burden, to
Department of Defense, Washington Headquarters Service Directorate of InformationOperations and Reports, 1215 Jefferson Davis Highway, suite
1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC
20503. Please DO NO RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting,
navigable waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged
material for the purpose of dumping It into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application
for a permit. Disclosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be
processed nor can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that Is not completed in full will be returned.
1. APPLICATION NO. 12. FIELD OFFICE CODE 3. DATE RECEIVED 14. DATE APPLICATION COMPLETE[
11TFMS RF1 nW Tn RF F111 Fn RV APP1 ICd AM
5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not requiredl
Ray Moore Kevin C. Martin, President Soil&RwimT[azt
6. APPLICANT'S ADDRESS
4L4 Bennett Dr. 9. AGENT'S ADDRESS O?sultants, Inc
244 W. Millbrook Rd.
Selma, NC 27576 Raleigh, NC 27609
7, APPLICANT'S P?PNIE NOS, R DE 10. AGENT'S PHONE NOS, EA CODE
a. Residence l b q15 - a. Residence [phone]
b. Business f 5 . 5' (J' b. Business [phone]
11, STATEMENT OF AUTHORIZATION
I hereby authorize, Soil & Environmental Consultants to act in my behalf as my agent in the processing of this application and to
furnish, upon request, supplemental information in support of this permit application.

'S SI!PNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
Hwy. 70 Office/Storage Facility Project
13. NAME OF WATERBODY, IF KNOWN (i1 applicablel
Neuse River
15. LOCATION OF PROJECT
Johnston NC
COUNTY STATE
14. PROJECT STREET ADDRESS (ilapplicablel
Hwy. 70 Business (Market St.)
Smithfield, NC
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (seeinstructionsl (See attached vicinity map)
Southwest Quadrant of intersection of Hwy. 70 business and the Neuse River.
17. DIRECTIONS TO THE SITE
Take Hwy. 70 east from Clayton, NC, stay on Hwy. 70 Business to Smithfield, just before
crossing Neuse River tract is on the right. (See vicinity map.)
EN FORM 4345, Fe 4 EDITION OF S 1 I OBSOLETE. roponen : CLC
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-7 5`7
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,?q-U,• ILI C A75-717
S,qg' - . a ?s7
Delineation Performed by: Soil and L'nvironmental Consultants, Inc.
244 W. Millbrook Road
Raleigh, N(' 27609 k
Ph: 919/846-5900 NQ 11. \,a
?c??_ceti?? 10
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual) I?1
Project/Site: ,'1A-C. (k 2C p?_-V_ l `1 Date:
--._
Applicant/Owner:- _R-44_AJ_ -- Count l t?f {
Investigator: jj`1 I3cr!hUtF-- DIP_ 5i-1 11"IA NC, State: 1?,X_ -
Do Normal Circunti5tances exist on the site? esI\J o Community ID:--
is the site significantly disturbed
(Atypical Situation)? Yes ?P'1'ranse(t 11)
Is the area a potential Problem Area? YesiNo,'Plot 11). (if needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator
1 _?lGi1?C?4i yt?G?A I -T/5 rr a
q 6/(
3AUA ?LIVytvey,. Tt lO t v.C

5, Vt t l 6X sYTQ (A ?6k(_ -

Dominant Plant Species
9. -
13. _
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-). ---? r
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
- _ - AOerial Photographs
ther
No Recorded Data Available
Field Observations:
nF ?
Depth?6Surface Water: N. (in.)
Depth to Free Water in Pit: (in.)
Deptli to Saturated Soil (in.)
Wetland Hydrology Indicators:
Prima Indicators:
N? -Intu-idated
Saturated in Upper 12 inches
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
1.4 Oxidized Root Channels in
- upper 12 inches
I Water-Strained Leaves
Local Soil Survey Data
FAC-Neutral 't'est
Other (Explain ul Remarks)
Stratum Indicator
Remarks
SOILS
Mal, Unit Name
(Series and I'hase): 6-O'er-x-' (
Taxonon,y(Subgroup): t i 0,x. V tl v?l(
Profile Descriplion:
Depth Matrix Color Mottle Colors
(ins.) Horizon (Murtsell 1\4oist) (Munsell Moist)
' le,
l
I ly(irw Soil Indicators:
i
-' - 1listosol
_-.l listic Epipedon
_Sullidic Odor
Aquic Moist ire Regime
_ _Reducing Conditions
__Gleyed or Low-Chroma
Remarks:
UrrunageClass: `{?tV??v,>?i?;?' ?,?xa/1?.?
Field Observations
('onfirm Mapped TyI-lV<!?s)No
Mottle
Abundance Cont??cjst
'T'exture, Concretioi
Structure etc.
?tr?tx i L-UkI V-
?'` Concretions
High Organic Content in Surface Layer in Sandy Soil
Organic Streaking in Sandy Soils
Listed on Local I ydric Soils List
---Listed on National Hydric Soils List
Colors .- Other (Explain in Remarks)
Wetland Determination
I Iydrophytic Vegetation Present? 61D No (Circle) Is this Sampling Poult Wlthlll a Welland?
Wetland Hydrology ]'resent? Yes o (Circle
Hydric Soils Present? Yes Yes
Remarks:
d e SE-C veX Wes` _- ?ct Q
Project/Site:-- _10 Date:
Applicant/Owner`' ( w <<_?,. - - -- County:
Investigator:- State: - i ti--
Delineation Performed hy: Soil and Environmental Uonsult'a Inc.
244 W. Millbrook Road `
Raleigh, NC 27609
Ph: 9l 9 / 846-5900
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Do Normal Circumstances exist on the site? Yes No Community 1D:
Is the site significantly disturlhe(I (Atypical Situation)? Yes No_ '`l'r.rnsect 11):
Is tlw area it potential Problem Area? Yes(,No 'Plot IL):
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratzrm Indicator

'
3, v?<v. (
fir.
--?- set-
4:..0__(vY- ._I IRt-. 01-
_?40 Col
6. v

8. - --- - -
Dominant Plant Species
10.
14. - - ----
15.
Stratum Indicator
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-). IC_lr_I__-___-- -
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks):
___---Stream, Lake, or'l'ide Gauge
----Aerial Photographs
Other
No Recorded Data Available
Field Observations:
of
Depth Xi Surface Water: G}- (in.)
Depth to Free Water in Pit: _U (ill.)
(ill.)
Depth to Saturated Sort C)

Wetland 1 lydrology Indicators:
Primary Indicators:
r/ _ Inundated
?/ Saturated in Upper 12 inches
? Water Marks
Drift Lines l?
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
'/Oxidized Root CharuieLs in
Upper 12 inches
/, VWater-Stained Leaves
Local Soil Survey Data
FAC-Neutral Test
Other (Explain in Remarks)
Remarks
5011,5
Map Unit Name
(Series and Phase): La __k r'Xl?kk. _ - Drainage Class: c co, ()J,
Field Observations -
I'axonomy(Subgrou p): ?? v V:d?IC ?4(_ TAc,C U't4 Confirrn Mapped Type?(-Yes No
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
(Fns 1_lorizcm (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure etc.
yr'

1 lydr,c Soil Indicators:
I listosol ___.___Concretions
__ iistic Epipedon _ High Organic Content in Surface Layer in Sandy Soil
___/-Sulfidic Odor __Organic Streaking in Sandy Soils
Aquic Moisture Regime '-,Listed on Local Hydric Soils List
educing Conditions N,/Listed on National Hydric Soils List
c leyed or Low-Chroma Colors _ Other (Explain in Remarks)
Remarks:
Wetland Determination
I-lydrophytic Vegetation Present? No No (Circle:) Is this Sampling Point Within a Wetland?
Wetland Hydrology Present? No (Circle)
I lydric Soils Present? ee • No 6> No
Remarks:
VICINITY MAP
APPROXIMATE LOCATION OF SHIRLEY PROPERTY
SELMA, N.C., U.S.G.S. TOPO. QUAD
SCALE 1:24 000
? _ .?i it , ? ? - ? I (.;,• 1 . 1 j" •o -
? / ? c - d rtciq 3
II
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travel
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/?`
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ti
i 1]
44
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IC'
? Mi [3 IX
I/ ;

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199602100
April 4, 1996

MR. CLIFTON RAY MOORE, 424 Bennett Drive, Selma, North Carolina 27576,
has applied for a Department of the Army (DA) permit TO DISCHARGE FILL
MATERIAL INTO 1.5 ACRES OF JURISDICTIONAL WATERS OF THE UNITED STATES ADJACENT
TO THE NEUSE RIVER TO ALLOW FOR THE CONSTRUCTION OF AN OFFICE/STORAGE
FACILITY, LOCATED IMMEDIATELY SOUTH OF U.S. 70 BUSINESS, in Smithfield,
Johnston County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during a site visit by a representative
of the US Army Corps of Engineers. Plans submitted with the application show
that approximately 2,420 cubic yards of unacceptable material will be
excavated to make the site suitable for backfilling. Subsequently, 12,100
cubic yards will be discharged into 1.5 acres of wetlands adjacent to the
Neuse River for the proposed construction of 10-860 square foot office units,
54-100 square foot storage units, and associated parking (54 spaces). The
wetlands to be impacted can be characterized as a cutover bottomland hardwood
forest dominated by red maple (Acer rubrum), sweetgum (Liquidambar
styraciflua), tulip poplar (Liriodendron tulipifera) and river birch (Betula
nigra) saplings, presently undergoing secondary succession. The immediate
area can be characterized as an upper coastal plain riverine system which has
experienced extensive filling for commercial development over the past
approximately 20 years in areas immediately adjacent to the road. The soils
within the area of the proposed filling activities are mapped by the Johnston
County Soil Survey as Chewacla loam (deep, somewhat poorly drained) and
Wehadkee loam (poorly drained). Both soil types experience frequent flooding
for brief to long durations from November through April and there is evidence
present to suggest that beavers are currently active on the property. Uplands
present on the project tract consist of 2.15 acres of previously filled area
on the northwest property boundary (to be utilized during construction), and
the vegetated bank along the river on the northeast property boundary (to be
donated in a Conservation Easement).
The applicant proposes to mitigate the jurisdictional impacts through the
preservation of 20 acres of the property, south of the proposed commercial
development, to be donated to a non-profit or governmental land trust. This
area contains approximately 5.5 acres of uplands along the river bank
dominated by sweetgum (Liquidambar styraciflua), tulip poplar (Liriodendron
tulipifera), red maple (Acer rubrum), sycamore (Platanus occidentalis) and
green ash (Fraxinus pennsyvanica) in the upper and mid canopies. The
herbaceous layer is vegetated by blackberry (Rubus sp.), greenbrier (Smilax
sp.), and honeysuckle (Lonicera japonica). The soils along the ridge are
mapped as Chewacla. The remaining 14.5 acres can be characterized as a
freshwater marsh located within a Wehadkee soil series, vegetated by small
trees and saplings of red maple (Acer rubrum) and black willow (Salix nigra).
The herbaceous species present include cattails (Typha latifolia), soft needle
rush (Juncus effusus), white arum (Peltandra sagittaefolia) and sedges
(Scirpus spp.). The wetland area presently exhibits beaver activity with
wetland hydrology evidenced by the presence of 0-8 inches of inundation,
saturation, water marks, sediment deposits, oxidized root channels in the
upper 12 inches, the FAC-Neutral vegetative community test and water-stained
leaves.

2
The purpose of the work is to construct office and storage units for
leasing. Plans showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
(DA) permit will be issued until the coordinated State viewpoint on the
proposal has been received and reviewed by this agency, nor will a DA permit
be issued until the North Carolina Division of Environmental Management
(NCDEM) has determined the applicability of a Water Quality Certificate as
required by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this site is not registered property or property listed as being eligible for
inclusion in the Register. Consultation of the National Register constitutes
the extent of cultural resource investigations by the District Engineer, and
he is otherwise unaware of the presence of such resources. Presently, unknown
archeological, scientific, prehistorical, or historical data may be lost or
destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies, 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
The Corps is soliciting comments from the public; Federal, State and
local agencies and officials; Indian Tribes and other interested parties in
order to consider and evaluate the impacts of this proposed activity. Any
comments received will be considered by the Corps of Engineers to determine
whether to issue, modify, condition or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species,
historic properties, water quality, general environmental effects and the
other public interest factors listed above. Comments are used in the
prcparation of an Environmental Assessment (EA) and/or an Environmental Impact
Statement (EIS) pursuant to the National Environmental Policy Act (NEPA).
Comments are also used to determine the need for a public hearing and to
determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this (DA) permit will not be
made until the North Carolina Division of Environmental Management (NCDEM)
issues, denies, or waives State certification required by Section 401 of the
Clean Water Act. The NCDEM considers whether or not the proposed activity
will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The
application and this public notice for the (DA) permit serves as application
to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.
All persons desiring to make comments regarding the lication for Clean
Water Act certification should do so in writing delive t the North
Office Box 27687,
Carolina Division of Environmental Management (NCDEM), ?77)
Raleigh, North Carolina 27611-7687, on or before Apri 1996, Attention:
Mr. John Dorney. Writte
n comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mrs. Jean B. Manuele, until 4:15 p.m.,
May 3, 1996, or telephone [phone], Extension 24.
APE=IMATION
SITE VICINITY MAP:
HIGHWAY 70 OFFICE / STORAGE FACILITY
ADJACENT TO NEUSE RIVER
CITY OF SMITHFIELD, JOHNSTON COUNTY, NC
PREPARED BY S&EC, INC. 2-28-96
MAP 1 OF 17
VICINITY MAP
APPROXIMATE LOCATION OF SHIRLEY PROPERTY
SELMA, N.C., U.S.G.S. TOPO. QUAD
SCALE 1:24 000
01
. '• C;1??•? •.I '•. ?? I'll ??? •?. _
?•,.I . •-' '!?' • •? : ?? • ?•. 1 l ., - may][,r?''
kw*s ivpla? ,.
d 4.. ral ?.'^ Radio Tower
11 (wmpm)
\? ~ r, ! A^' ??r '100) r ?, \?
X710 h(pmn„NI Parts •• n{l{`na ATF;'?
D
:',IC,"notc.vl .•rlr: J',L ?-?'"?- / rsr,
••ffwn??K w.+7, /4? eoUN(,,RV-ILfPalu / - I'
SIR
_70 0" If, PO
Riv
36 me 50 "S 0 IT Fl 1. t
Soil & Environmental Consultants, I I w.
ha Vrti NM.•1 MWI{lKJy?l +NIMrAF?r •ary,•rPIW, Marl., ••,• ,
LIMAPPjT$OF PROPOSED FILL:
HIGHWAY 70 OFFICE / STORAGE FACILITY
ADJACENT TO NEUSE RIVER
CITY OF SMITHFIELD, JOHNSTON COUNTY, NC
PREPARED BY SPEC, INC. 2-28-98
\ MAP 2 OF 3
Y
1
Dd 1
O?
'4 O
2
rn o ` HOLDINGS BY OTHERS
c `
NO
m
G
JURISDICTIONAL WETLANDS
Z TO BE DONATED TO LAND TRUST
O
Z
m
c
m
m
X
WETLAND MAINTAINED
By OWNER
HOLDINGS BY OTHERS
PROPOSED FILL
AREA
<r
HIGHWAY 70
Soil & Environmental Consultants, Inc.
1.1 \Wr l h4tIIIm.II, IA14•Ia1?'IIf q;lI, IN"01 t 4104111,0 .!%txr ¦t') I'))Kt(r5IMaI;%x (919)K'169•t<'
SCHEMATIC CROSS SECTION OF FILL
HIGHWAY-70 O FICE / FACILITY
FACTS
FILL AREA TOTALS = 65340 SQUARE FEET
I CUBIC YARD 17 CUBIC FEET
EXCAVATION OF 1 VERTICAL FOOT OVER CNTIRE AREA TOTALS 2420 CUBIC YARDS
AND SUMQUENT
DISCHARGE OF 5 VERTICAL FF..1:T OVER ENTIRE AREA TOTALS 12100 CUBIC YARDS

A?j

?b

L1C?STtt?'1
to CR CT&
ON P PROPOSED FFILL:
ACILITY
HIGHWAY 70 OFFICE
ADJACENT TO NEUSE RIVER
CITY OF SMITHFIF-LD, PREPARED BY 8d?EC. NC?2 X6-98 AUNTY, NC
MAP 3 OF 3
r

APPtzoXIMATION
SITE DEVELOPMENT PLAN
HIGHWAY 7t) OFFiCE ! STORAGE FACILITY
ADJACENT TO NEUSE RIVER
CITY OF SMITHFIELD. JOHNSTON COUNTY. NC
MAP 4 OF 5
US Highway 70
Sail be Envimnmcntal Consultant"', h?f
f.. ».J •,M..,• r?w,•My,. ,..J.•.. e,.. ., r.w.wv,w»,YM.wr..r nV ... ,.
FT I
- - -----------
r
??ROXIMAT10l`1ENT PLAN
SITE DEVELOPM
HIGHWAY 70 OFFICE / STORAGE FACILITY
AWACENT TO NEUSE RIVER
CITY OF SMITHFIELD, JOHNSTON COUNTY, NC
MAPS OF 5
.!I L' Awr_A 3 N cKres
70n
1 ! i? { UNI I'?i 10 F b(p4y! A ,;4Cl?t
.1,)WA(,r UNITS. S4 OD ItX)t'{ • S, •1t70S(
PF?c)vIUED 54 st>,cs
;,{, ( 110NA.1 aWEA OF Fill I c' WI cY
t6 ?
]0 0 ?
IK3A1.E t • . SW
tC
+
_. I/nl r . T1 .4 !!'' liH
L
Smithfield Office / Storsge .xt, law?..wn. ""
FaclMy
North Carofima w.. ?wr. <.._...
sk
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
April 11, 1996
MEMORANDUM
TO: Mr. A. Preston Howard, P. E.
Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
9E?/33
1DEHN
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199602100 dated April
4, 1996 describing a proposed project by Mr. Clifton Ray Moore is being circulated to interested
state agencies for comments on applicable Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 3, 1996. If you have any questions regarding the proposed project, please contact
me at 733-2293. When appropriate, in-depth comments with supporting data is requested.
REPLY This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
Date
P.O. Box 27687, NvfCFAX 919-733-1495
Raleigh, North Carolina 27611-7687 An Equal Opportunity/Afflrmatlve Action Employer
Voice 919-733-2293 - 50% recycled/ 10% post-consumer paper
Im
State of North Carolina
Department of Environment,
Health and Natural Resources •
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary pEHNFZ
Roger N. Schecter, Director
April 11, 1996
MEMORANDUM
TO: Mr. A. Preston Howard, P. E.
Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199602100 dated April
4, 1996 describing a proposed project by Mr. Clifton Ray Moore is being circulated to interested
state agencies for comments on applicable Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project and return this
form by May 3, 1996. If you have any questions regarding the proposed project, please contact
me at 733-2293. When appropriate, in-depth comments with supporting data is requested.
REPLY This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
Date
P.O. Box 27687, Nvfy? FAX [phone]
Raleigh, North Carolina 2761 1-7687 An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/ 101/6 post-consumer paper
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
April 1, 1996
Regulatory Branch
Action ID. 199602100
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
50°
o.
IIID MM 11
qPR U4
'??Nv,,r?7n?1t 1996
Fq/` G?cn(f..
Enclosed is the application of Mr. Clifton Ray Moore for
Department of the Army authorization and a State Water Quality
Certification to discharge 12,100 cubic yards of fill material
into 1.5 acres of jurisdictional wetlands adjacent to the Neuse
River for purposes of constructing office and storage facilities.
Specifically, the property consists of approximately 25 acres
located on the south side of U.S. 70 Business, in Smithfield, in
Johnston County, North Carolina. Your receipt of this letter
verifies your acceptance of a valid request for certification in
accordance with Section 325.2(b)(ii) of our administrative
regulations.
We are considering authorizing the proposed activity pursuant
to Section 404 of the Clean Water Act, and we have determined
that a water quality certification is required under the
provisions of Section 401 of the same law. A Department of the
Army permit will not be granted until the certification has been
obtained or waived.
In accordance with our administrative regulations, in most
cases, 60 days after receipt of a request for certification is a
reasonable time for State action. Therefore, if you have not
acted on the request, or asked for an extension of time, by
June 1, 1996, the District Engineer will deem that waiver has
occurred.
Printed on 0 Recycled Paper
-2-
Questions or
Manuele, Raleigh
Extension 24.
comments may be addressed to Mrs. Jean B.
Field office, telephone [phone],
Sincerely,
S. Kenneth Jolly
Manager, Raleigh Regulatory
Field Office
Enclosure
Copy Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
18. Nature of Activity (Description of project include so features)
Construction of office/storage facility (see attached plans( Maximizing use of
existing uplands and minimizing wetland impacts.
19. Project Purpose /Describe rim reason or purpose or the project, see insrructionsl
To allow development of less than Wo of the total tract 2.15 acres of existing upland
will be utilized along with 1.5 acres of wetland. 20 Acres of existing bottomland
wetlands adjacent to the river will be preserved and donated to a public or private
non-profit agency or group as mitigation£.or impacts.
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
Allow reasonable use of commercial property adjacent to a major highway with
minimal wetland impacts.
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
Clean earth fill material aquired from uplands.
22. Surface Area in Acres of Wetlands or Other Waters Filled (seeinstnrcrionsl
1.5 acres to be filled with material from upland sources.
23. Is Any Portion of the Work Already Complete? Yes No X IF YES, DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here,
please attach a supplemental list).
Sec? a%
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL" IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
'Would include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the
duly authorized agent of the applicant.
SIGNATU OF APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.
' U.S.GPO:1994.520.478/82018
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT I OMB APPROVAL NO. 0710-003
(33 CFR 325) Expires October 1996
Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send
..mments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to
Department of Defense, Washington Headquarters Service Directorate of InformationOperations and Reports, 1216 Jefferson Davis Highway, Suite
1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project 10710-0003), Washington, DC
20503. Please DO NO RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting,
navigable waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged
material for the purpose of dumping it into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application
for a permit. Disclosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be
processed nor can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
1. APPLICATION NO.
2. FIELD OFFICE CODE T 3. DATE RECEIVED 14. DATE APPLICATION COMPLETED
nraeaC MCI nw rn RF F11 1 ,Fn RY APPLICANTI
5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE tan agent is not required)
Ray Moore Kevin C. Martin, President -
6. APPLIC tff'S ADDRESS
441144 Biennett
Dr . 9. AGENT'S ADDRESS Oxsultants, Inc.
244 W. Millbrook Rd.
Selma, NC 2 7576 Raleigh, NC 27609
7. APP I A P 1 AGENT'S PHONE NOS, W/AREA CODE
a. Residence q 1q)
5 -
11340
a. Residence [phone]
b. Business (q19) W_ - ST b. Business [phone]
11 STATEMENT OF AUTHORIZATION
I hereby authorize, Soil & g= r0 men -a1 CO sal tants to act in my behalf as my agent in the processing of this application and to
furnish, upon request, supplemental information in support of this permit application.
iu. /5 , /%9S-
TUBE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE Isse instructions)
Hwy. 70 Office/Storage Facility Project
13. NAME OF WATERBODY, IF KNOWN (it applkswal
Neuse River
15. LOCATION OF PROJECT
Johnston NC
COUNTY STATE
14. PROJECT STREET ADDRESS t1I app/kab/e)
Hwy. 70 Business (Market St.)
Smithfield, NC
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (sea Instructions/ (See attached vicinity map)
Southwest Quadrant of intersection of Hwy. 70 business and the Neuse River.
17. DIRECTIONS TO THE SITE
Take Hwy. 70 east from Clayton, NC, stay on Hwy. 70 Business to Smithfield, just before
crossing Neuse River tract is on the right. (See vicinity map.)
EN FORM 4345, Feb 4 EDITION OF SEP 91 IS OBSOLETE. roponen
Wetland Location
on pond or lake
?C on perennial stream (0VV'kV
on intermittent stream (cr"-
within interstream. divide
other
Adjacent land use
(within 1/2 mile upstream, upslope, or radius)
_w -'-forested/natural vegetation 2'0 %
s`?? V"agriculture, u -ban/suburban WO %
impervious surface %
Soil series
predominantly organic - humus, muck,
or peat
predonnantly mineral - non-sandy
-predominantly sandy
Hydraulic factors
steep topography
ditched or channelized
t total wetland width >_ 100 feet
Dominant veaet tion
(1)
(2)
(3) l (l?
Flooding and wetness
semipermanently to permanently
flooded or inundated
seasonal],,flooded or inundated
intermittar?Iy flooded or temporary
surface water
no evidence of flooding or surface water
Wetland type (select one)*
vBottomland hardwood forest - Pine sa%'anna
Headwater forest --reshwa:er marsh
Swamp forest Bog/ fen
Wet flat Epheme. al N?,fetland
_ Pocosin - Carolina Bay
Bog forest Other
__ *the rating system cannot be applied to salt or brackish marshes o.- stream channels -
??e;eht
R 'at storage x 4 :0 = Wetland
I P-1 r Rating.
A Bank/Shoreline stab Iization x 4 !0 = 1
7 06W Pollutant removal 5 * x ,10 `l
«'ildlife habitat x '.DO
=
N
G )Aquatic life value 4 x 4.00 -
/ J
Recreation/Education x 1. -)0 = __J
*Add 1 point if in sensitive watershed and >10% nonpoint distur"ance within 1/2 e upstream,
uj) slope, or radius
(brook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
Dear Mr. Dorney and Ms. Manuele:
US Army Corps of Engineers
Rd, Suite 105

The purpose of this letter is to request an Individual Permit, and a Section 401
Water Quality Certification for the project known as the HWY. 70 Office /
Storage Facility Project. The project, owned by Mr. Clifton Ray Moore, is located
near Smithfield, NC (Johnston County). The site is shown on the enclosed
Selma N.C., USGS Topo Quad vicinity map.
It will be necessary to impact 1.5 acres (see attached Site Development Plan) of
jurisdictional wetlands below headwaters for the placement of the proposed
facility. The tract, totaling 25.09 acres, is almost entirely jurisdictional wetlands
(see attached Wetland Sketch Map); all wetlands on-site are below headwaters.
The enclosed wetland map illustrates the extent of wetlands on the site.
Proposed fill activities would occur adjacent to Hwy. 70.
Stormwater from the project will be diverted into the wetland behind the facility
so that it must filter through the wetland prior to reaching the Neuse River.
Construction of a stormwater pond would require additional wetland impacts.
The landowner will maintain 3.8 acres of the tract adjacent to Hwy. 70 (as shown
on the Site Development Plan). The remainder of the property will be donated to
a non-profit or governmental land trust for preservation. Uplands adjacent to the
Neuse River will be included within the donation to the land trust (See Site
Photo 1).
Fill activities will allow for the development of 8% of the entire tract. The
proportionately small fill area allows for a reasonable use of this commercial
property. Construction of the facility maximizes the use of existing uplands and
minimizes impacts to high quality wetlands. Wetlands within the donation area
are freshwater marsh and bottomland hardwood forests (See Site Photo 2).
Wetlands impacted by the current site plan are cut-over bottomland hardwoods
Soil & Environmental Consultants, Inc.
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
Attn: Mr. John Dorney Attn: Ms. Jean Manuele
4401 Reedy Creek Road 6512 Falls of the Neuse
Raleigh, NC 27607 Raleigh, NC 27615-6846
comprised mostly of red maple, sweetgum and tulip poplar saplings (See Site
Photos 3 and 4).
The proposed site plan and preservation plan are reasonable; the landowner is
able to utilize his property and 20 acres of high quality wetlands are preserved.
The current plan will result in a preservation to impact ratio of 13.3 to 1. Similar
projects have received individual permits from the Corps and Water Quality
Certification from DEM in the recent past.
We previously met on-site with Ron Ferrel of DEM and Jean Manuele of the
Corps to discuss the project.
Please call if you have questions or if you require further information. If you
intend to perform an additional site visit please call and we will arrange for
someone to accompany you.
Sincerely,
Kevin Martin,
President
cc: (with enclosures)
is Huysm n,
Biologist
USF&WS
N.C. Cultural Resources
National Marine Fisheries Service
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT' ' OMB APPROVAL NO. 0710-003
(33 CFR 326) Expires October 1998
Public reporting burden for this collection of information Is estimated to average 6 hours per response, Including the time for reviewing Instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send
: mments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to
Department of Defense, Washington Headquarters Service Directorate of InformationOperations and Reports, 1215 Jefferson Davis Highway, Suite
1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC
20503. Please DO NO RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting,
navigable waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged
material for the purpose of dumping It Into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application
for a permit. Disclosure: Disclosure of requested information is voluntary. If Information is not provided, however, the permit application cannot be
processed nor can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
1. APPLICATION NO. 2. FIELD OFFICE CODE l 3. DATE RECEIVED 14. DATE APPLICATION COMPLETED
rlTCaaC RF/ AW TA RF r/l I cn RV APPI ICd Ain
5. APPLICANT'S NAME B. AUTHORIZED AGENT'S NAME AND TITLE Ian agent Is not required)
Ray Moore Kevin C. Martin, President Soi
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS OD?tlltants, Im
4L4 }3ennett Dr. 244 W. Millbrook Rd.
Selma, NC 27576 Raleigh, NC 27609
APP I AGENT'S PHONE NOS, 1AREACODE
a. Residence 1v -l 05' a. Residence [phone]
b. Business Cqt 9105- 457,5-(p b. Business [phone]
11, STATEMENT OF AUTHORIZATION
I hereby authorize, SOi 1 & Enyi rc)nMental Consultant, to act in my behalf as my agent in the processing of this application and to
furnish, upon request, supplemental information in support of this permit application.
ae" 15,
CANT'S ShhATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE lees instructions)
Hwy. 70 Office/Storage Facility Project
13. NAME OF WATERBODY, IF KNOWN Ol applicable)
Neuse River
15. LOCATION OF PROJECT
Johnston NC
COUNTY STATE
14. PROJECT STREET ADDRESS ()/applicable)
Hwy. 70 Business (Market St.)
Smithfield, NC
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, lseeinstructions) (See attached vicinity map)
Southwest Quadrant of intersection of Hwy. 70 business and the Neuse River.
17. DIRECTIONS TO THE SITE
Take Hwy. 70 east from Clayton, NC, stay on Hwy. 70 Business to Smithfield, just before
crossing Neuse River tract is on the right. (See vicinity map.)
EN FORM 4345, Feb 94 EDITION 1 OBSOLETE. (Proponent:
1 8. Nature of Activity (Description of pr%ct, Include allleeturesl
Construction of office/storage facility (see attached plans) Maximizing use of
existing uplands and minimizing wetland impacts.
19. Project Purpose tDescribe the reeson or purpose of the pro%c4 see instructlensl
To allow development of less than W. of the total tract 2.15 acres of existing upland
will be utilized along with 1.5 acres of wetland. 20 Acres of existing bottomland
wetlands adjacent to the river will be preserved and donated to a public or private
non-profit agency or group as mitigationfor impacts.
USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
Allow reasonable use of commercial property adjacent to a major highway with
minimal wetland impacts.
21 . Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
Clean earth fill material aquired from uplands.
22. Surface Area in Acres of Wetlands or Other Waters Filled iseeinstrucoonsi
1.5 acres to be filled with material from upland sources.
23. Is Any Portion of the Work Already Complete? Yes No X IF YES, DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here,
please attach a supplemental list).
See aA?uc\t,,e4 LtS? -
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL" IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
"Would include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this
application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the
duly authorized agent of the applicant.
USIGNATU OF APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.
U.S.GPO:1994-520-478182018

A 75-717

? I e- ? c ?,q 4 VIIIJ
Delineation Performed by: Soil and Environmental ConsultnnLS, Inc.
244 W. Millbrook Road
Raleigh, NC 27609 L
Ph: 919/846-5900 o-
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: -S,_-! vZt ? 7 Date:
Applicant/Owner j?,V- i County:
Investigator:-- State.__ ?-
Do Normal Circumstances exist on the site? 6?No Community ID
Is the site significantly disturbed
(Atypical Situation)? Yes ?O Tra list, ct 11):
Is the area a potential Problem Area? Yes 'Plot 11):
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator

?
3, IJPOJS -J -) V, -__ _ f
w t
4° k. Y`\. VCS- 1 ?C? t C ?
5.1

Dominant Plant Sp ecies
10._
11.-
12.
13.
14.
15.
16.
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-). _ ?(_o _'(.
Remarks:
Stratum Indicator
HYDROLOGY
Recorded Data (Describe in Remarks):
--Stream, Lake, or'l'ide Gauge
- _.__Aerial Photographs
_ other
No Recorded Data Available
Field Observations
OF C?-
Depth )eO Surface Water: (in.)
Depth to Free water in Pit:
Depth to Saturated Soil 0 _ (ill.)
Wetland Hydrology Indicators:
Primary Indicators:
_ L,-' lntmdated -
Saturated in Upper 12 inchesk?
r Water Marks
Drift 1-.roes
Sediment Deposits
Drainage Patterrtis in Wetlands
Secondary Indicators (2 or more required):
^/Oxidized Root Channels in
upper 12 inches
?WaterStained Leaves
Local Soil Survey Data
FAC-Neutral,rest
Other (Explain in Remarks)
Remarks
SOILS
Map Unit Name
(Series and Phase): Drainage Class:. _ (Y.-Cv
Field Observations
Confine Mapped Type? es No
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
ups I lorirort (Munsell MoisO (Murtsell Moist Abundance Contrast Structure etc.
?- - 10
- 5z?t-Cla_ Caw"
I lydnc Soil Indicators:
_ Ilistosol Concretions
_- J-listic Epipedon ----High Organic Content in Surface Layer in Sandy Soil
_-Sulfidic Odor _-.-Organic Streaking in Sandy Soils
_ Aquic Moisture Regime '-! Listed on Local Hydric Soils List
Reducing Conditions _____),ZListed on National Hydric Soils List
____Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks:
Wetland Determination
I Iydrophytic Vegetation Present? e No (Circle) Is this Sampling Pont Within a Wetland?
Wetland Hydrology Present? No (Circle)
I lydric Soils Present? Ye No No
Remarks:
Drlineahon I'erfonned by: Soil and Environmenbil Cons ultallLs, Inc.
244 W. Millbrook Road
Raleigh, NC 27609 11Q r?
Ph: 919/846-5900
N DATA FORM ROUTINE WETLAND DETERMINATION t,
tl d D 1' H M ual) I v 5?.
(1987 COh We an s e tea on an
Project/Site- Sft??21-?i ,j?L1? Date:
Applicant/ Owile r: County:
Investigator:_?};?? C tel. . b -=5CZtv)A_1?1e State: _k3Cs_ --
Do Nonnal Circurnstances exist on the site?
Is the site significantly disturbed
(At)rpical Situation)?
is the area a potential Problem Area
(1f needed, explain on reverse.)
C es o Community ID:-__.
Yes t Vnlilse(f I l ):
Plot 11):
Yrs (1)
VEGETATION
Dominant Plant Species Stratum Indicator
i w,?y
2.I0Clevtc ? TLs
=?tt _ _r-.
3AC9A TKt4 l-o c
_
tA
4 Vt t 1 hills=
J " '
?
- -
5 6k- =S -- It -
rac
(I- AJ-C
?S7A tx \ fem
7 C6 C ?s
.
.
Dominant Plant Species
9. -- - - -
10.-- - -
11.
12. - - --
13.-- - -
Stratum Indicator
Percent of Dominant Species that are OBI., FACW or FAC
(excluding FAC-).L? r-=
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
I -_=---Aerial Photographs
Other
No Recorded Data Available
Field Observations
OF rN
Depth,0 Surface Water: N (in.)
Depth to free Water Ill Pit. - I _ (ill.)
Depth Lo Saturated Soil (ul.)
Wetland Hydrology Indicators:
Prima Indicators:
N Inundated
Saturated in Upper 12 inches
Water Marks
Drift Lutes
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
N?4 Oxidized Root Channels in
upper 1.2 inches
Water-Stained Leaves
Local Soil Survey Data
FAC-Neutral 'l'est
Other (Explain in Remarks)
Remarks:
SOILS
Map Unit Name
'o.,
(Series and Phase): Drainage Class: `{`tV ` ?,>bu ?
Field Observations
'I'llxonon,y(Subgrouh): Confirm Mapped Typr. Yl? )No
Profile Description:
Depth Matrix Color

1 s.) Horizon
0I
(Munsell Moist)

I lydric Soil lndicaton':
NP`\ Histosol
Histic Epipedon
Sulfidic Odor
___ Aquic Moisture Regime
___ Reducing Conditiorls
_Gleyed or Low-Chroma Colors
Remarks:
Mottle Colors Motile
(Munsell Moist) Abundance/Contrast
Texture, Concretions,
Structure etc-
-Concretions
High Organic Content in Surface Layer in Sandy Soil
_ Organic Streaking in Sandy Soils
Listed on Local I lydric Soils List
Listed on National Hydric Soils List
Other (Explain in Remarks)
Wetland Determination
Hydrophytic Vegetation Present? (G No (Circle) Is this Sampling Point Within a Wetland?
Wetland Hydrology Present? Yes ?° (Circle
1 lydric Soils Present? Yes Yes (IM)
Remarks:
VICINITY MAP
APPROXIMATE LOCATION OF SHIRLEY PROPERTY
SELMA, N.C., U.S.G.S. TOPO. QUAD
SCALE 1:24 000
( nwn Unit
fir
len .p ,
• Gravel \ -i ? ? / 1 .,,
? I
\ 1,
II? I? Crestwoo
i
Aes? ?.
u em
10,
u ? -
/7<• Iraile?.? ?u /) o
?e9t RtVe l\
tj
- cl!?? ?..',.i? ?;;1 S ???? s6 1921
I / II ??' '.• ?•Yyest ? )? f?`elc???? ?,.?1, ? /<e _
Ckavcl -l t,
/b) Radio Tower
??5 f ?• '?• ?c`tihnrud•.. 1 ) ?' J ? (WMPM)
Ch /< 1 . Pit
\f •.ji,e?. h.oSmithfirW Irl\
o; ?•• J1003)
111 ? ?? ?,r • I
(210) Homorral Park ?] ?? ?_.... pRP(1TtAT[?
")C erne tery) ?/?/•• /l, !f? 11M
?', ://•ISUrnurK Ituxh / All Of)N!q) ?t-11,11 f?(E to
-Armory
aklodld mile fi1s
T" ?+? cpllaP? ??;? ??
c 'e t-
i 1 3 4 \. ?;V?I` \ ;•
Couy ous ? PO °?( ??.
Rive .k 70
Ce _:. ?: ??_ii• ?1? .?
$ IT FIB I` ???' ` ??
?? yq'?'
Site Photo 1: Upland Adjacent to Neuse River.
Site Photo 2: Marsh Within Donation Area.

Site Photo 3: Impact Area
Site Photo 4: Impact Area

f•
t?O/3_3'
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199602100
April 4, 1996
PUBLIC NOTICE
MR. CLIFTON RAY MOORE, 424 Bennett Drive, Selma, North Carolina 27576,
has applied for a Department of the Army (DA) permit TO DISCHARGE FILL
MATERIAL INTO 1.5 ACRES OF JURISDICTIONAL WATERS OF THE UNITED STATES ADJACENT
TO THE NEUSE RIVER TO ALLOW FOR THE CONSTRUCTION OF AN OFFICE/STORAGE
FACILITY, LOCATED IMMEDIATELY SOUTH OF U.S. 70 BUSINESS, in Smithfield,
Johnston County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during a site visit by a representative
of the US Army Corps of Engineers. Plans submitted with the application show
that approximately 2,420 cubic yards of unacceptable material will be
excavated to make the site suitable for backfilling. Subsequently, 12,100
cubic yards will be discharged into 1.5 acres of wetlands adjacent to the
Neuse River for the proposed construction of 10-860 square foot office units,
54-100 square foot storage units, and associated parking (54 spaces). The
wetlands to be impacted can be characterized as a cutover bottomland hardwood
forest dominated by red maple (Acer rubrum), sweetgum (Liquidambar
styraciflua), tulip poplar (Liriodendron tulipifera) and river birch (Betula
nigra) saplings, presently undergoing secondary succession. The immediate
area can be characterized as an upper coastal plain riverine system which has
experienced extensive filling for commercial development over the past
approximately 20 years in areas immediately adjacent to the road. The soils
within the area of the proposed filling activities are mapped by the Johnston
County Soil Survey as Chewacla loam (deep, somewhat poorly drained) and
Wehadkee loam (poorly drained). Both soil types experience frequent flooding
for brief to long durations from November through April and there is evidence
present to suggest that hPa.vers are currently active on the property. Uplands
present on the project tract consist of 2.15 acres of previously filled area
on the northwest property boundary (to be utilized during construction), and
the vegetated bank along the river on the northeast property boundary (to be
donated in a Conservation Easement).
The applicant proposes to mitigate the jurisdictional impacts through the
preservation of 20 acres of the property, south of the proposed commercial
development, to be donated to a non-profit or governmental land trust. This
area contains approximately 5.5 acres of uplands along the river bank
dominated by sweetgum (Liquidambar styraciflua), tulip poplar (Liriodendron
tulipifera), red maple (Acer rubrum), sycamore (Platanus occidentalis) and
green ash (Fraxinus pennsyvanica) in the upper and mid canopies. The
herbaceous layer is vegetated by blackberry (Rubus sp.), greenbrier (Smilax
sp.), and honeysuckle (Lonicera japonica). The soils along the ridge are
mapped as Chewacla. The remaining 14.5 acres can be characterized as a
freshwater marsh located within a Wehadkee soil series, vegetated by small
trees and saplings of red maple (Acer rubrum) and black willow (Salix nigra).
The herbaceous species present include cattails (Typha latifolia), soft needle
rush (Juncus effusus), white arum (Peltandra sagittaefolia) and sedges
(Scirpus spp.). The wetland area presently exhibits beaver activity with
wetland hydrology evidenced by the presence of 0-8 inches of inundation,
saturation, water marks, sediment deposits, oxidized root channels in the
upper 12 inches, the FAC-Neutral vegetative community test and water-stained
leaves.
2
The purpose of the work is to construct office and storage units for
leasing. Plans showing the work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
(DA) permit will be issued until the coordinated State viewpoint on the
proposal has been received and reviewed by this agency, nor will a DA permit
be issued until the North Carolina Division of Environmental Management
(NCDEM) has determined the applicability of a Water Quality Certificate as
required by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this site is not registered property or property listed as being eligible for
inclusion in the Register. Consultation of the National Register constitutes
the extent of cultural resource investigations by the District Engineer, and
he is otherwise unaware of the presence of such resources. Presently, unknown
archeological, scientific, prehistorical, or historical data may be lost or
destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order
11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber
production, mineral needs, considerations of property ownership, and, in
general, the needs and welfare of the people. For activities involving the
placement of dredged or fill materials in waters of the United States, a
permit will be denied if the discharge that would be authorized by such permit
would not comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable
guidelines or criteria, a permit will be granted unless the District Engineer
determines that it would be contrary to the public interest.
3
The Corps is soliciting comments from the public; Federal, State and
local agencies and officials; Indian Tribes and other interested parties in
order to consider and evaluate the impacts of this proposed activity. Any
comments received will be considered by the Corps of Engineers to determine
whether to issue, modify, condition or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species,
historic properties, water quality, general environmental effects and the
other public interest factors listed above. Comments are used in the
preparation of an Environmental Assessment (EA) and/or an Environmental Impact
Statement (EIS) pursuant to the National Environmental Policy Ac: (NEPA).
Comments are also used to determine the need for a public hearing and to
determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this (DA) permit will not be
made until the North Carolina Division of Environmental Management (NCDEM)
issues, denies, or waives State certification required by Section 401 of the
Clean Water Act. The NCDEM considers whether or not the proposed activity
will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The
application and this public notice for the (DA) permit serves as application
to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management (NCDEM), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before April 26, 1996, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mrs. Jean B. Manuele, until 4:15 p.m.,
May 3, 1996, or telephone [phone], Extension 24.
APEBMIMATION
SITE VICINITY MAP:
HIGHWAY 70 OFFICE / STORAGE FACILITY
ADJACENT TO NEUSE RIVER
CITY OF SMITHFIELD, JOHNSTON COUNTY, NC
PREPARED BY S&EC, INC. 2-26-96
MAP 1 OF 3
VICINITY MAP
APPROXIMATE LOCATION OF SHIRLEY PROPERTY
SELMA, N.C., U.S.G.S. TOPO. QUAD
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EXCAVATION OF 1 VERTICAL FOOT OVER ENTIRE AREA TOTALS 2420 CUBIC YARDS
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State of North Carolina
Department of Environment,
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7v Division of Coastal Management a
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
pEHN R
Roger N. Schecter, Director
July 17, 1996
Dr. G. Wayne Wright
Corps of Engineers
P. O. Box 1890
Wilmington, NC 28402
Dear Sir:
In keeping with your request this office has circulated to interested state review agencies
U. S. Army Corps of Engineers Public Notice and Action ID. 199602100 dated April 4, 1996
which describes a project proposal by Clifton Ray Moore of Selma to fill 1.5 acres of wetlands
adjacent the Neuse River at Smithfield to facilitate development of an office and storage
complex.
Based on a coordinate agency review, which was complete on July 10, the state will not
object to the proposal considering the relatively generous mitigation proposal which apparently
includes 20 acres of wetland and riverine upland.
The following agencies submitted substantive comments:
Division of Land Resources - reported that a detailed sedimentation and erosion control
plan is required. Temporary sediment control must be provided from the perimeter of the
proposed fill area, and timely stabilization of the site must be addressed. It is requested
the applicant be made aware of this requirement;
Division of Environmental Management - issued the required Section 401 Water
Quality Certification on May 23, 1996. Certification No. 3067 provides important
environmental safeguards and mitigation provisions;
Division of Highways - reports that any work in the Hwy. 70 right-of-way must be
coordinated with their Goldsboro District Office;
P.O. Box 27687, NvAWf4 FAX [phone]
Raleigh, North Carolina 2761 1-7687 C An Equal Opportunity/Affirmative Action Employer
Voice 919-733-2293 50% recycled/ 10% post-consumer paper
Dr. G. Wayne Wright
Page 2
July 17, 1996
Wildlife Resources Commission - provides the following recommendations which are
restated here for the record. A copy of the WRC memo was submitted early to your
Raleigh office.
1. Place deed restrictions on the conservation easement to prevent any future
wetland destruction. Timber harvest should be prohibited, except for mana-
gement activities that would improve the diversity of high-quality-mast pro-
ducing species (i.e., oaks, hickories, black gum or holly).
2. Place deed restrictions on all wetlands retained by the applicant to prevent
any further destruction by the current or future owners.
Require the installation of a stormwater detention basin to trap sediments
and pollutants prior to discharging to the adjacent wetland area. The dis-
charge point should be designed to prevent erosion or scouring of wetland
areas and to enhance and maintain the hydrology of the applicant's adjacent
wetland area.
4. Before filling the subject 1.5 acres of wetland, require the applicant to con-
vey the mitigation lands to a land trust or conservation organization for pro-
tection in perpetuity as a natural area.
5. All fill should be sloped and stabilized with vegetation in such a manner as
to prevent erosion of the fill into the adjacent wetland area.
Should you require additional input from the state on this matter, do not hesitate to
contact this office or the commenting agencies.
Very sincerely,
John . Parker, Jr.
Inland `404 Coordinator
JRP:jr/aw
cc: Wildlife Resoures Commission
Division of Environmental Management
Division of Land Resources
Department of Transportation
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