HomeMy WebLinkAbout19980003 Ver 1_COMPLETE FILE_19971231State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
A ??
James B. Hunt, Jr., Governor NC ENR
Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
January 12, 1999
Thomas Phillips
Rt. 3 Box 2
Spruce Pine, NC 28777
Dear Mr. Phillips:
Re: Proposed Wal-Mart Facility
Mitchell County
DWQ # 980003
On February 12, 1998 the Division of Water Quality sent a letter stating your
project was on hold since we were waiting to hear from you and the Corps. To date, we
have not received any information regarding this project.
If we do not hear anything from you within two weeks of the date of this letter, we
will be forced to withdraw the project.
If you have any questions, please contact John Dorney at 919-733-1786.
c ,'
Jo n R. Dorn
cc: Asheville DWQ Regional Office
Wilmington District Office Corps of Engineers
Asheville Field Office Corps of Engineers
John Dorney
Central Files
wetlands/401 Unit 401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer 50`!o recycled/10% post consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
OLT? FA
James B. Hunt, Jr., Governor N C ENR
Wayne McDevitt, Secretary NORTH CAROLINA DEPARTMENT OF
A. Preston Howard, Jr., P.E., Director ENVIRONMENT AND NATURAL RESOURCES
February 12, 1998
Mr. Thomas Phillips
Rt. 3 Box 2
Spruce Pine NC 28777
Dear Mr. Phillips:
Subject: 401 Water Quality Certification
Proposed Wal-Mart Facility
Mitchell County
DWQ # 980003
On December 31, 1997, you wrote to the Division of Water Quality requesting a 401 Water
Quality Certification for your project to fill wetlands for construction of a Wal-Mart facility at Spruce Pine
in Mitchell County. The US Army Corps of Engineers has informed us that this project will require an
Individual Permit rather than a Nationwide Permit. We cannot continue to process your application until
the Corps begins the permitting process. Therefore I must hereby place this project on indefinite hold until
you and the US Army Corps of Engineers gather the necessary information to develop an acceptable
Individual permit application.
If you believe that this decision is in error, please contact me at 919-733-1786 to discus the matter.
S' cerely,
Jo R. Do
W ter Quality Certiftc Program
cc: Division of Coastal Management Asheville Field Office
Asheville DWQ Regional Office
UD Army Corps of Engineers Wilmington District Office
John Dorney
Central Files
Chris Huysman; S & E C 980003.dcr
Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer 50% recycled/l0% post consumer paper
MEMORANDUM PRTNT NAMES:
Reviewer:
TO: JOHN DORNEY WQ SUPV.:
ENVIRONMENTAL SCIENCES BRANCH DATE: fr
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) *'' *
PERMIT YR: 98 PERMIT NO: 0000003 COUNTY: MITCHELL
APPLICANT NAME: THOMAS PHILLIPS
PROJECT TYPE: COMMERCIAL FILL PERMIT TYPE: 141826
COE #: DOT #:
RCD_FROM _CDA: APP DATE_FRM_CDA: 01/07/98
REG OFFICE: ARO
RIVER AND SUB BASIN J: 040306 STR INDEX N0: 7-2-40-2
STREAM CLASS: C
WL IMPACT?: Y/N WL TYPE:
WL_REQUESTED: WL_ACR_EST? : YY/N
WL_SCORE M : WATER IMPACTED BY FILL?:(:YA
MITIGATION?: Y/N 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 ENY
COMMENTS : Gt;-C? 0gU,Z ;;PZ,04-oc., eOS 6A,
G' UE „v! II Ai6-1t v Ad u l s
AJ&) Qg in et _ h Z2I f "
e,A;o -2&-4a 4t- -
Ff -k 77
?,vlAwls - o. O.1 0AC-
cc: Regional Office
Central Files
Eric_G
From: Mickey, Joseph H. Jr. [MICKEYJH@MAIL.WILDLIFE.STATE.NC.US]
Sent: Thursday, February 05, 1998 5:20 AM
To: Galamb, Eric; Parker, Mike-A
Cc: Goudreau, Christopher J
Subject: 401/404 # 980003
FYI, I talked with Dave Baker this morning about the proposed WalMart
site in Spruce Pine, DWO ID 980003, and he said the COE would not issue
a permit for the project as designed, and told the consultants that.
They apparently went ahead and submitted it anyway. It will need to
be redesigned and then go out as an IP. I'll not be commenting on this
one until it comes out, If it does, as an IP.
TRIAGE CHECKLIST
Project Name:
Project Number:
County:
The attached project has been sent to you for review for the following reasons. Please consider whet a
site visit is needed to determine the impacts. Particular attention should focus on the below checked it°_ ?s.
Please feel free to call the central office staff member assigned to your region if you need assistance.
Stream length impacted.
Stream determination (i.e. intermittent or perennial, or any channel present).
- Wetland impact and distance to blue-line surface waters on USGS topo map.
Minim ization/avoidance options.
NW 14. (is access to hiQhground or wetlands)?
Neuse buffer rules.
Pond (water) fill (i.e. is the pond drained or holding water)'?
Pond creation (i.e. in uplands, in a drained channel, or in wetlands). Please locate streams and
channels (if any) so that the central office can determine.
Mideation ratios.
Stormwater pond placed in wetlands.
Ditching in wetlands.
Is the applicant's proposed stream/wetland mitigation site available and viable?
Applicant/consultant has a history of non-compliance (check drawings and application for
accuracy).
Has project been split from previous work to avoid mitigation requirements?
- Consistent with pre-application meetings?
- Cumulative impact concerns. /l
OTHER:
980003
Environmental' Consultants, Inc.
me NE ¦ Hickory, North Carolina 28601 ¦ (704) 322-6700 ¦ Fax (704) 327-9164
Facsimile Sheet
Date: ? G • C?6 7 Time Sent:
To: Name: L-q\/El- -Ayj-?
Company:
Fax Number: 721 27( 4e??
From: G14-(S (JI) Subject:
cc: J 6)RA' UDI?'dl?'l??
Oux? PA
919 73,3 ?q e; 07
Number of pages including transmittal sheet:
For your comments/ approval
Per our conversation
Please advise
Would like to discuss
Hard Copy Sent:
US regular mail
UPS overnight
Federal Express
Other
For your information
Per your request *0,c,
Please call ?. dC G
X- Please handle yG?Pp??F ; !9
of 9
Hand delivery
US certified
No hard copy sent
Remarks: R52h'1r\ N?PL1?A`??ti ?G.
el-' ? ilk!
If you have any questions or problems with the transmission, please contact
at (704) 322-6700.
Confidentiality Notice
This transmission is intended only for the use of the individual or entity to which it is addressed and may contain
information that is privileged and confidential. If the reader of this message is not the intended recipient, you are hereby
notified that nay disclosure, distribution or copying of this information is strictly prohibited. If you have received this
transmission in error, please notify us immediately by telephone and return the faxed documents to us at the above
address via the United States Postal Service.
Wetland Delineation/Permitting/Mitigation Soil/Site Evaluation for On-Site Septic Systems Environmental Assessments
Home Office: 244 West Millbrook Road Raleigh, North Carolina 27609 Phone: (919) 846-5900 Fax: (919) 846-9467
Fax Number (704) 327-9164
Environmental' Consultants,
231 16th Avenue, N.E.
¦ (704) 322-6700 ¦ Fax (704) 327-9164
S&EC, Inc. 2-1040
December 26, 1997
US Army Corps of Engineers
Attn: Mr. Dave Baker
151 Patton Avenue, Room 143
Asheville, NC 28801-5006
Dear Mr. Baker and Mr. Domey:
NCDEHNR - DWQ
Attn: Mr. John Domey
4401 Reedy Creek Drive
Raleigh, NC 27607
The purpose of this letter is to request authorization for wetland impacts under Nationwide
Permits 14, 18 and 26 and their general 401 Water Quality Certification for the project known as
Walmart, Spruce Pine NC. The project, as proposed, impacts approximately 1680 linear feet of
channels, under all Nationwide Permits, totaling approximately 0.13 acres of Waters of the US.
Additionally, approximately 0.44 acres of fill will be required under Nationwide 26. The proposed
activity is located within Mitchell County and is within lands owned by Thomas Phillips. The
attached site plans and USGS topo quad show the location of the project.
Grassy Creek is considered to be perennial on the USGS topo quad and was field observed with
flow in October 1997. The developer proposes to cross this channel with Nationwide 14; the
crossing will be less than 150 feet wide.
All other channels were observed with flow during the field review for wetlands. No fish were
observed in these channels, they are not shown on the USGS topo quad, and the Low Flow
Characteristics of Streams in North Carolina states that streams with drainage areas of less than
0.5 square mile, in this region, generally have a low-flow statistical value below zero. The
drainage areas above the site is estimated to be less than 0.5 square mile (320 acres).
As assessed by the S&EC, the primary function of channels, outside of the flood plain of Grassy
Creek, is the conveyance of storm and base flow. Along these channels, no significant
"floodplains" are present and therefore flood storage and pollutant removal is assumed to be
minimal. No wetland areas are associated with either bank. We assess that permitting fills for
these channels will result in no loss of significant function.
"Ditches" were created within the floodplain of Grassy Creek to provide suitable drainage for
horse pasture. These ditches are likely relocated ephemeral channels. Horses have trampled
these ditches and created wetlands adjacent to the channel; these areas have pollutant removal
and storage functions.
The use of either NW 26 or NW 18 would require notification to NC DWQ. Therefore, the
developer has contacted an engineer to develop a stormwater management facility for the
project. At this time no mitigation (for DWQ Water Quality Certification) for lost channels is
proposed because impacts to channels with a fish community are less than 150 linear feet. The
developer has states that all practical minimization has been observed; wetlands south of the
site are avoided.
cer y,
Chri$ H smara
Wetland Deli M ermitting/Mitigation Soil/Site Evaluation for On-Site Septic Systems Environmental Assessments
Home Office: 244 West Millbrook Road Raleigh, North Carolina 27609 Phone: (919) 846-5900 Fax: (919) 846-9467
Environmental Consultants,
¦ Hickory, North Carolina 28601 ¦ (704) 322-6700 ¦ Fax (704) 327-9164
- AGENT AUTHORIZATION FORM -
ALL BLANKS TO BE FILLI'..D IN BY CURRENT LANDOWNER
Z
Name: d a '
Address: t
Address: ?rz
Phone:
Project Name/Description: cSP12UGC PIN15 cSLT67 I s4EC o?IOgO
Date: 10 • ao • 9-1
The Department of the Army
US. Army Corps of Engineers
Wilmington District
PO Box 1890
Wilmington, NC 28402
Ann: IAM_ K Cu- (-OV N)N PC7 t? i
Field Office: p 5k?l:m uue t Nc?
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I, the current Property owner, hereby designate and authorize Soil and Environmental Consultants, Inc. to act in
my behalf as my agent in the processing of permit applications, to furnish upon request supple nental information
in support of applications, etc. from this day forward This theI- -_3_ day of _, 1997.
This notification supersedes any previous Correspondence concerning the 01
Owners Name: agent s project.
l?iC M1 /V /I / ers Signatur6
Please Print
cc: Mr. John Dorney
NC Division of Water Quality
4401 Reedy Creek Road, Raleigh NC, 27607
cc: Mr. Chris Huysman,
Soil and Environmental Consultants, Inc.
231 1& Avenue NE, Hickory, NC 28601
Wetland Delineation/Permitting/Mitigation Soil/Site Evaluation for On-Site Septic Systems Environmental Assessments
Home Office: 244 West Millbrook Road Raleigh, North Carolina 27609 Phone: (919) 846-5900 Fax: (919) 846-9467
E7?1
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REVISIONS
0 ir-
or p<
I DEl V[rN ur, qT' e° \ F7 7s m b,Ii IF PARKING SUMMARY
1 1 ;r, 1 / r I I lof y
f ! r I l I I I Ito Wal Mart Store 142 Prolo 720 Spaces 5.07 / 1000 sf
1
/ Did6 /o WE L / I / I 1 I I I 8 Rctall Shops 18,700 sf 118 Spaces 6.21 / 1000 sf
i n
,i11 r Al -C-C4% / MN / '-N N ? ? I I ?hr I ? totals 161,000 sf 838 Spam 5.20 / 1000 st '
5Pi --1 / ? / I I I I /1°
/?/,fM1•E / ??/.. l / ll // ?// I I IITfi' i ?.? f i I I 1 hh,
/Wa / I I I 1 Ifs III ? I ? A
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?t i /?? ?. j ?><114 I 11 1 I I i t ??l ?v vv \ - 45
l ? r r 7 I ? ? III ? ?_?l - _. _- _ APPKo?.-vlPL MART/5HoP5
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"I'ricor Development V0 13- 18 11
\ I ce to 40 ; 81 Nn th n rl r o i S , I, 1
,El uTRng ?oravE I 1 - I ? _ - -- - _ -- - -'Z poi s92 onus r. 704-1192 t,, 1r
w /9' r Out kcal
s~ 0.75 tee; -- 3, WAL*MAR
g,. I ' -1 R:1L-11AH'r STORES, INC.
55 1 ? I - - t, ::PA?
-_-_ I 1 7
\ 40 / - - _- 1 CaLEPT
a • C-FADIl1b PLAID
Freeland and Kauffman, Inc 20,3 1 Slone Avenue
? j.
South Carolina 29007
'arollna Highway 226 1 ' 864 233 5497 / he 864233 8915
Concept Site Plan
Proposed Retail Center
Spruce Pine, North Caroli
11,
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- - bF - _ -?- .- -- 226., .
?pT ?4 - - -- rEE E4k«Nr North Carolina Highway.
Corps Action ID:
• perm?t #): NAT
nwide Perm IONWIDE 14
Provide Nationwide
Permit Requested l Notification Application
,
Pre-Cons?uction
permits that R oresuire: ..f Engineers
, ent
Nationwide to the C 401 Certification coastal Mana9em the
1 Notification
tion for Section ivision of CO office of NC
2. APPi faanon with the NC D appropriate field be sent to the
s should b PRINT •
Ieted form to the 7 cppie PLEA
3. Coo Seven () SE
of this comp sheet). sheet).
end the original and (1) copy addressees agency
insets (see agency anagen1ent
)ivision of addresses
Arils of Eng Environmental M PHILLIPS
MR THOMAS H.
Owner's Name
RT 3 BOX 2 Zip code'. 28777
Mailing Address: State: NC address above)
2. Name. mailing 6 MILE SOU
subdivision
SPRUCE PINE T 0.
name (it ?F NC 22 AgOU LINTY,NC AS
city : subdivisWEST SID CO
ress, including HIp ON SR 122 I ANDELITTLE
Project location add EKTO 22SG ? SPRUCE PINE
GRASS( CRE TION OF NC
OF THE INTE TE MAP 6
SITE VICINIT(
SHOWN ON 704) 765-2040
SWfTZLERLAND)' (Work):( number'
Number (Home) corporate official, address, 6700
hone phone,. (704) 322-
3 TeleP onsrble (704) 9164
' TAB CpNSULTANTS, ?NC . 327-
ent s nam Fax:
If applicable, ag aerial
4. SOIL E AVIENUE ENNE GS topographic map or
231 16 Y NC 28601 S
HICKOR referable a copy of U SPRUCE PINE, NC
rovide a map' p or city:
Location of work (ple): Nearest town
5. hotograph with scat
AS
rs, landm etc.): BOUT 0.
P • MITCHELL arks, 6 A COON
(include 6 MILE NCTH
C 22
N
County road numWEST SIDE OF M
ion W ON AND NCSR 1229, ? NDELITT
NSHIP LE
SpacrSy CRRtEEK TO NC 226 GS SPRUCE PINE
GRAS INTERSECTION OF MAP N
OF THE SITE VICINITY SSY CREEK
SHOWN ON ND) EAST FORK GRA
SWITZLERLP` /river: UT TO
Impacted or nearest stream
/ NOLICHUC0 RIVER
6 r Basin: NORTH TOE RIVER
Rive
Kwater (SA), high quality waters
as trout, tidal sa I (WS _I or WS-11)?
located near water classifiedOR?, water suppY
WATER
ad urce waters ( TROUT ant area of
coastal managem
7a. is Pro' outstanding r (®) If yes, explain.
®) within lina division of YES ( a NorthCaro
ted NO ( ) unties),
Is loca AEC)? YES (?) a age 7 for list of coastal cA
7b. Is the PrOental concern environm astal county (se page
located within a designation? s permit and
rojec is lan (LUP) for use on this property?
7c If the p land use P nested ervio
what is the its been
Provide Action reAlD number of p
? 1 ion cad. cation).
If yes, 401
8a Have any Section 404 hotocopY of
future?
YES ( ? ) NO information (including p arty in the
any additional acted for this V ated work:
uest1f Ye describe anticipated NATIONWIDE 18 AND 26
8b. Are YES additional
?) HE PeDrit PERMIT REQUESTS F
SEE ATTAC tract of land:
acres in ROJECT AREA
number of ITHIN
PR
Estimated total 0 ACRES Wact site:
9a. XIMATELY 2 located on Proj CHANNELS
APPRO wetlands R FEET OF CHANNE
LS
PEKENNIAL
er or acres of 4000 L C NNELS;
SOR
Estimated total numb o 5 ACRE N
9b. APPROXIMATTEL 112 ARE PENW 14); AND
(APERO gE IIMFIAC? 5 ACRES OF WETLANDS. d roject by:
APPROXIMATELY the Pr Opose p
of wetlands impaled by
per of acres Excavation.
10a. Num
p.03 ACRES Other: Filling acted: p.03 ACRES
Total acres to be impacted-
Flooding: project (if relocated, Provide
Drainage acted by the Proposed
(1) Stream channel and be imPafter relocation): After:
10b. SAME
distance both before to
150 LINEAR FT ntours): 3 FEET
Length before: etas co
Before (based on normal high w
Width T
PIPE I CULVER After: SAME
• Width After:
before: 0.50 TO wil l 0.7 result FEET at apply)
Average depth from. (check all th
ant of pipe in channel:
el impacts
(2) stream charm placem
open channel relocation. ?
Channel Excavation: ? Construction of a Dam/Flooding: ?
Other:
11. If construction of a pond is proposed, what is the size of the watershed draining to the
pond?
STORMWATER POND PROPOSED TO TREAT DEVELOPMENT SITE ONLY, OFF-
SITE WATER WILL BE PIPED THROUGH THE PROJECT.
What is the expected pond surface area?
TO BE DETERMINED BY ENGINEER AND APPROVED BY DWQ.
12. Description of proposed work including discussion of type of mechanical equipment to
be used (attach plans 8 1/2" x 11" drawings only):
SITE DELELOPMENT AND INFRASTRUCTURE FOR A PROPOSED COMMERCIAL
DEVELOPMENT. TYPICAL EQUIPMENT WILL BE UTILIZED.
13. Purpose of proposed work:
PROVIDE EMPLOYMENT AND RETAIL OPPORTUNITIES AND ALLOW FOR THE
DEVELOPMENT OF THIS COMMERCIAL PROPERTY.
14. State reasons why it is believed that this activity must be carried out in wetlands
(include any measures taken to minimize wetland impacts):
PROVIDES ONLY ACCESS TO SITE; MINIMUM NECESSARY FOR THE
CONSTRUCTION OF THE PROJECT.
15. You are required to contact the U.S. Fish and Wildlife Gervice (USFWS) and/or
National Marine Fisheries Service (NMFS) (see agency addresses sheet) regarding the
presence of any federally listed or proposed for listing endangered or threatened
species or critical habitat in the permit area that may be affected by the proposed
project. Date contacted: (attach responses from these agencies).
TO BE COMPLETED BY USACE AS NEEDED.
16. You are required to contact the state historic preservation officer (SHPO) (see agency
address sheet) regarding the presence of historic properties in the permit area which
may be affected by the proposed project. Date contacted:
TO BE COMPLETED BY USACE AS NEEDED.
17. Does the project involve an expenditure of public funds or the use of public (state)
land?
YES (?) NO (®) If no, go to 18.
a. If yes, does the project require preparation of an environmental document
pursuant to the requirements of the North Carolina Environmental Policy Act?
YES ([1) NO (F-1)
b: If yes, has the document been reviewed through the North Carolina Department
of Administration State Clearinghouse?
YES (?) NO (?)
If answers to 17b is YES, then submit appropriate dgcumentation from the state
clearinghouse to division of environmental management regarding compliance with the
North Carolina Environmental Policy Act.
Questions regarding the State Clearinghouse review process should be directed to Ms.
Chrys Baggett, Director State Clearinghouse, North Carolina Department of
Administration, 116 West Jones Street, Raleigh, North Carolina 27603-8003, telephone
(919) 733-6369.
18. The following items should be included with this application if proposed activity involves
the discharge of excavated or fill material into wetlands:
a. Wetland delineation map showing all wetlands, streams, lakes and ponds on the
property (for Nationwide Permit numbers 14, 18, 21, 26, 29 and 38). All streams
(intermittent and permanent) on the property must be shown on the map. Map
scales should be 1 inch equals 50 feet or 1 inch equals 100 feet or their equivalent.
b. If available, representative photograph of wetlands to be impacted by project.
c. If delineation was performed by a consultant, include all data sheets relevant to the
placement of the delineation line.
d. Attach a copy of the stormwater management plan, if required.
e. What is land used of surrounding property? RESIDENTIAL AND AGRICULTURAL
f. If applicable, what is proposed method of sewage disposal? PROPOSED
SANITARY SEWER
g. Signed and dated agent authorization letter, if applicable.
NOTE: Wetlands or Waters of the U.S. may not be impacted prior to:
1. Issuance of a Section 404 Corps of Engineers Permit,
2. Either the issuance or waiver of a 401 Division of Environmental Management
(Water Quality) certification, and
3. (in the twenty coastal counties only) A letter from the North Carolina Division of
Coastal Management stating the proposed activity is consistent with the North
Carolina Coastal Management program.
er's/Agent's Signature
Date
(Agent's signature valid only if
Agent Authorization Letter from
the owner is provided (18 g.))
DEM ID:
Corps Action ID:
Nationwide Permit Requested (Provide Nationwide Permit #): NATIONWIDE 18
Pre-Construction Notification Application
For Nationwide Permits that Require:
1. Notification to the Corps of Engineers
2. Application for Section 401 Certification
3. Coordination with the NC Division of Coastal Management
Send the original and (1) copy of this completed form to the appropriate field office of the
Corps of Engineers (see agency addresses sheet). Seven (7) copies should be sent to the NC
Division of Environmental Management (see agency addresses sheet). PLEASE PRINT.
Owner's Name:
2. Mailing Address:
Subdivision Name:
City: SPRUCE PINE
MR. THOMAS H. PHILLIPS
RT. 3 BOX 2
State: NC Zip Code: 28777
Project location address, including subdivision name (if different from mailing address above):
GRASSY CREEK TOWNSHIP ON WEST SIDE OF NC 226 ABOUT 0.6 MILE SOUTH
OF THE INTERSECTION OF NC 226 AND NCSR 1229, MITCHELL COUNTY, NC AS
SHOWN ON SITE VICINITY MAP (USGS / SPRUCE PINE AND LITTLE
SWITZLERLAND).
3. Telephone Number (Home): (Work): (704) 765-2040
4. If applicable, agent's name or responsible corporate official, address, phone 322-6 um er: 700
SOIL & ENVIRONMENTAL CONSULTANTS, INC. Phone: (704) 327-9164
231 16 AVENUE NE
HICKORY, NC 28601
5. Location of work (provide a map, preferable a copy of USGS topographic map or aerial
photograph with scale):
County: MITCHELL Nearest town or city: SPRUCE PINE
Specific Location (include road numbers, landmarks, etc.):
GRASSY CREEK TOWNSHIP ON WEST SIDE OF NC 226 ABOUT 0.6 MILE SOUTH
OF THE INTERSECTION OF NC 226 AND NCSR 1229, MITCHELL COUNTY, NC AS
SHOWN ON SITE VICINITY MAP (USGS / SPRUCE PINE AND LITTLE
SWITZLERLAND).
6. Impacted or nearest stream/river: UT TO EAST FORK GRASSY CREEK
River Basin: NORTH TOE RIVER / NOLICHUCKY RIVER
SA ,high quality waters
(SA),
I WS-1 or WS-11)?
near water classified as trou?ai tidal Sapp y ? r
Is project located ORW), ER
(HQW), outstanding resource waters
explain: TROUT WAT
7a. YES (®) NO (?) ement area
d within a North Carolina division (® coastal manag
7b. Is the of
project is locate YES ([]) NO environmental concern (AEC) coastal county (see page 7 for list of coastal counties),
7c. If the project is located within P designation?
what is the land use plan ( ro erty?
Section 404®) its been previously requested for use gnnous Pe mit and
8a. Have any If yes, provide Asti of 401 cert (cation).
YES (? ) NO ( including photocopy
any additional information ( in the future?
Permit requests expected for this property
YES ticipated work:
If yxS, describe an
8b Are additional NO (®) NATIONWIDE 14 AND 26
(0)
SEE ATTACHED PERMIT REQUESTS FOR
AREA.
Estimated total number of acres N?? tract 9a TH N Pof land:
APPROXIMATELY 20 ACRES
located on project site:
res of
Estimated total number oCRES OR 4000 wetlands oLINEAR LS, FEET OF CHANNELS
ENNIAL 9b NO PERENNIAL CHANNELS
APPROXIMATELY 0.5 A 1 g AND
(APPROXIMATELY 112 ARE E NW 8) AND
ARE TO BE IMPACTED UNDER
ppROXIMATELY 1.5 ACRES OF WETI p`NDS.
A the proposed project by:
10a. Number of acres of wetlands impacted by Excavation:
Filling: 0.10 ACRES OF WATERS
Other:
Flooding: Total acres to be impacted: 0.10 ACRES
the proposed project (if relocated, provide
Drainage
(1) Stream channel to be impacted by
10b.
distance both before and after relocation After: PIPE I CULVERT
Length before: 1453 FT
Width Before based on normal high water contours): 3 FT
Width After: PIPE I CULVERT After: PIPE I CULVERT
Average depth before: 0.125 TO 0.25
el impacts vynll result from: (check all that apply)
(2) Stream chann in channel:
Open channel relocation: Placement of pipe
Channel Excavation: construction of a Dam/Flooding: ?
?
draining to the
What is the size of the watershed
Other: proposed, Y, OFF-
of apond is prop DEVELOPMENT SITE ONL
If construction POND PROppSE0 TO TREAT
11. .
pond? WATER pUGH THE PROJECT
WQ.
STORM WILL BE PIPED THRarea?
SITE WATe ER WILL
pond S GINEER AND APPROVED By D ment to
What is th INED BY EN a of mechanical equip
DETERM
TO BE CIAL
GOMNIER
work including discussion only)' of FOR type
osed I dravving A PROPOSED
12 Description of prop $ 112" F STRU TORE
attach Plansr AND NFRA C UTILIZED.
be used ( OpMEN UIPMENT WILL BE
SITU DOLEL TypICAL EQ
TUNITIES AND ALLOW FOR THE
DE
purpose of proposed wo T• AND RETAIL OPPO
13. PROVIDE E OOF THIS COMMERCIAL PROPERTY carried out in wetlands
DEVELOPMENT must be THE
that this activity acts): TURFS DICTATE G
why It is believ to minimize wetland imp
State reasons taken GRAPHICAL FEA N
14. measuHE DEVELOPER, TOP' D FACILITY C SIDERIN
include any DING PLA T
(ACCORD ACCORDING TO T T OF THE PROPOSE TTI-1P` F THE IF CHANNELS ARE NO
CTICAL P?CEMEN TS; NO
ONLY PRA WOULD PRECLUDE
AND FILL REQUIRE AREAS ADDITION ?PES E
ECONOMICS A SIDES OF TH
ROWS 26 FT. OF FILL N MgNY
S Y THE WORK, THE REQUIRED CCE AND
B SITE. SIGNIFICA NNEIU-S ARF- ONVEYAN
SENT AS
CHA
IMPACTED THIS
COMMUNIN AB
THE DEVELO PHEMERA LIFE
L IINTERMHAB TTAT (FISH
IMPACTED LITY AQUATIC MINIMAL aUA THE CONSULTANT). (USFWS) and/or
ASSESSED BY sheet) regarding the
Fish and Wildlife Service
addresses
ntact the U.S. see agency d or threatened
required to CO ice (NMFS) ( endanger, the Proposed
15. You are roposed for listing affected by
National Marine Fisheries listed or P that may be encies)-
of any federally permit area thes
species e a9
presence critical habitat in the responses from (attach or ,ontacted:? NEEDED PO) (see agency
project pate SAGE AS officer (SH
TO BE COMPLETED BY U reseniation the Perms area which
contact the state h? of rhistoric properties in
required to the Presence Date contacted•?
16. You are arding the pr d project '
address sheeted by the p S NEEDED. of public (state)
NEEDED-
may BE COMPLETED BY USAGE A or the use P
T enditure of public funds
Does the PrOiect involve an exp
17 • land? ) If no, go to 18.
YES (Cl)
NO (®
a. If yes, does the project require preparation of an environmental document
pursuant to the requirements of the North Carolina Environmental Policy Act?
YES (F-1) NO (F-1)
b. If yes, has the document been reviewed through the North Carolina Department
of Administration State Clearinghouse?
YES (FI) NO (F-1)
If answers to 17b is YES, then submit appropriate documentation from the state
clearinghouse to division of environmental management regarding compliance with the
North Carolina Environmental Policy Act.
Questions regarding the State Clearinghouse review process should be directed to Ms.
Chrys Baggett, Director State Clearinghouse, North Carolina Department of
Administration, 116 West Jones Street, Raleigh, North Carolina 27603-8003, telephone
(919) 733-6369.
18 The following items should be included with this application if proposed activity involves
the discharge of excavated or fill material into wetlands:
a. Wetland delineation map showing all wetlands, streams, lakes and ponds on the
property (for Nationwide Permit numbers 14, 18, 21, 26, 29 and 38). All streams
(intermittent and permanent) on the property must be shown on the map. Map
scales should be 1 inch equals 50 feet or 1 inch equals 100 feet or their equivalent.
b. If available, representative photograph of wetlands to be impacted by project.
c. If delineation was performed by a consultant, include all data sheets relevant to the
placement of the delineation line.
d. Attach a copy of the stormwater management plan, if required.
e. What is land used of surrounding property? RESIDENTIAL AND AGRICULTURAL
f. If applicable, what is proposed method of sewage disposal? PROPOSED
SANITARY SEWER.
g. Signed and dated agent authorization letter, if applicable.
NOTE: Wetlands or Waters of the U.S. may not be impacted prior to:
1. Issuance of a Section 404 Corps of Engineers Permit,
2. Either the issuance or waiver of a 401 Division of Environmental Management
(Water Quality) certification, and
3. (in the twenty coastal counties only) A letter from the North Carolina Division of
Coastal Management stating the proposed activity is consistent with the North
Carolina Coastal Management program.
er's/Agent s' Signature
Date
(Agent's signature valid only if
Agent Authorization Letter from
the owner is provided (18 g.))
Corps Action ID:
Nationwide Permit #): NATIONWIDE 26
DEM ID:
Nationwide Permit Requested (Provide
pre-Construction Notification APP"cation
Require:
cation to the Cori es of Engineers
For Nationwide Notification
401 Certification Management
1 for Section of Coastal 2. Application C Division of the
3. Coordination with the N to the apPrOP'is s field office nt to the NC
of this completed form
Seven (7) cOpie should bSE pFtINT
final and (1) Copy addresses sheet).
Send the orig agency agency addresses sheet). PL
Corps of Engineers (See ement See
Division of Environmental Manag -10MAS H PHILLIPS
1 Owner's Name MR• T
2 Mail ing Address: RT. 3 BOX 2 State: NC Zip Code: 28777
Subdivision Name: ailing address above):
City: SPRUCE PINE
subdivision name (if different from m T 0.6 MILE NSOUTH
including OF NC 226 ABOU COUNT`(,
C AS
TOWNSHIP ON?-26 WEST SIDE, , MITCHELL
Project location address, AND NSR 1229 AND LITTLE
GRASSY CCREEK
OF THE INTERSE VICINITY MAP (USGS 1 SPRUCE PINE
SHOWN ON SIT E
2040
SWITZLERLAND)• (Work): (704) 765-
H°me)' , phone number:
3 Telephone Number ( orate official, address,
If applicable e or responsible corgNC phone: (704)
, agent's name
Fax (704) 327-9164
4' & ENVIRONMENTAL CONSULTANTS,
SOIL
231 16T" AVENUE 60E or aerial
HICKORY, of USGS topo9raphic map
(Provide a maP, Preferable a copy
SPRUCE PINE
5 Location of `NO s cale): Nearest town or city:
photograph with
County.. MITCHELL landmarks, etc.):
de road numbers, E OF NC 226 ABOUT 0.6UN? ILE NC AS
Specific Location Unclu EST SID MITCHELL C0
SECTION OF NCSR 1229,
GRASSY CREEK TOWNSHIP NC ON 226 GS 1 SPRUCE PINE AND LITTLE
OF THE INTER Mqp (US
SHOWN ON SITE VICINITY
SWITZLERLAND)• EAST FORK GRASSY CREEK
aml
6 Impacted or nearest streriverUT TO
RIVER
n: NORTH TOE RIVER I NOLICHUCK`f
River Base
classified as trout, tidal saltwater (SA), high quality waters
water supply (WS'I or WS-II)?
7a Is project located near water cwate ORW),
explain: TROUT WATER
(FiG1VV), outstanding resource waters
YES (®) NO (®) management area of
d within a North Carolina division of 7b.
If the project is locate YES (0) NO
7 for list of coastal counties),
environmental concern (AEC)?
coastal county (see page
if the project is located within a designation?
7c. Ian (LUP) property?
what is the land use p reviously permit and
requested for use eNious P
permits been P
8a. Have any Section 40? ®) If Yes, provide Action ID number of p
YES (0) No (including photocopy of 401 certification).
any additional information (i arty in the future?
ermit requests expected for this prop
gb Are additional NO (0) If yes, describe anticipated work:
YES (D) REQUESTS FOR NATIONWIDE 14 AND 1
SEE ATTACHED PERMIT
9 Estimated total number of aS WITH N PROJECT AREA
a
APPROXIMATELY 20 ACRE tad on project site:
APPROEstimated total number or acres of wetlands located
9b ACRES OR 4000 LINEAR FEET OF CHANNELS
NO PERENNIAL CHANNELS
XIMATELY 0.5 A
PPROXIMATELY i12 ARE PERENNIAL CHAN
A
ARE TO BE IMPACTED ORES OF WETLANDS.
APPROXIMATELY 1.5 A act by:
Gres of wetlands impacted by the Proposed pro1
10a. Number of a Excavation:
Filling: 0.44 ACRES
Other:
Flooding: Total acres to be impacted: 0.44 ACRES
Drainage: the proposed project (if relocated, Provide
(1) Stream channel to be impaled by
distance both before and after relocation):
10b.
After: PIPE 1 CULVERT
Length before: 77 LINEAR 3 FEET
contours):
h Before (based on normal high water
Widt
Width After: PIPE I CULVERT After: PIPE 1 CULVERT
Average depth before: 0.125 TO 0.25
impacts will result from: (check all that apply)
(2) Stream channel
ment of Pipe in channel:
Place
Open channel relocation: ?
Construction of a Da?FlpOdin9: ?
,annel Excavation: ? draining to the
that: what is the size of the v atershed Y, OFF_
proposed, T SITE ONL
nstruction of a pond is P TREAT DEVELOPMEN
i? PRO D HR?UO , THE PROJECT
WATER POND
WATER WILL BE P?p area? OVED BY DWQ.
acted pond NGINEER AND APPR ent to
,at is the expected BYE of type of mechanical equipment
BE pETER?VI discussion ERCIAL
of PropoSed work including URE FOR A PROPOSED COMM
ascription g 112" x 11" drawings
mach plans INFRASTRUT WILL BE UTILIZED
a used ( MENT AND 1PMEN
ITE DELELON -?yPICAL EQU FOR THE
)EVELOPM ITIES AND ALLOW
proposed work: OPPORTUNITIES -AIL
purpose of EMPLOYMENT AND RERCIAL PROPERTY. nds
pROVID T OF THIS COMM carried out in wetla
pEVELOPMEN must be THE
believed that this Wetland imPacts)' -TURES DICTATE
ns why it is to minim1ze p-IICAL FEA SIDERING
State reaso measures taken TOE PROpOSED FAC? GRACING PLAN
(include any TO THE CEMENT OF S NOTE THAT THE ARE NO
T
ACCO PDRIANC ICAL PLA IF CHANNELS
ONLY FILL REQUIREMENT S' ADDITIONALLY' WOULD PRECLUDE
ECONOMICS AND NY AREA SIDE SLOPES OF 'THE
FUNCTIONS
THEW THE REQUIRED ARE CONVEYANCE AND
SHOWS 20 OF F?LORKMA
RE ENT AS
BY SITE. S?GNIFICAN NELS
IMPACTED T OF THIS ENT) CHAN UNITY ABS
THE DEVELOPMEN L INTERMITT FISH COMM
IMPACTED EP HEME? gTIC LIFE HABITAT and/Or
MINIMAL QUALITY THE CONSULTANT)' ice (USFWS)) rega
Wildlife SeN sheet) regarding the
ASSESSED BY the U S Fish and ency addresses
contact NMFS) (see agency or threateosed
You are required e(vice ( b the Prop
rme Fisheries S roposed for listing affected by encieo)•
National Ma federall
pres y ??sted permit area that may these ag
responses from
ence of any the P (mach
species or critical habitat in O
Date contacted: ??S NEEDED. (see agency
( area which
P O BE COMPLETED BY USAGE A atIon officer SHP )
T reseN the perm
contact the state h1SOf rhi uric properties in
required to
garding the presencect pate contacted:
16. You are proi
ada r be aff?ed by the I osed AGE AS NEEDED of public (state)
T S
may BE COMPLETED BY US or the use expenditure of public fund
involve an exp
W. Does the prole
? if no, go to 18• enta? document
land environm Policy Act?
YES (?) NO () of an ental require preparation
does the proieCt req it the North Carolina Environm req a. If yes, uirements
Y )heNO (0)
ESa (0
b. If yes has the document been reviewed through the North Carolina Department
,
of Administrj tioNO State (?Clearinghouse?
YES (
S then submit appropriate docum enta?dingrcomPliancae with the
if answers to 17b is YE amen 9
clearinghouse to divi nmental policy Aeal manag
s.
North Carolina Environmental
Questions Clearinghouse review process should be directed to
regarding the State North Carolina Department of hone
Chrys gaggett, Director State Clearinghouse,
West Jones Street, Raleigh, North Carolina 27603-8003, e e
Administration, 116 W
(919) 733-6369• application if proposed activity involves should The following items av ted oar fincluded ill material ?nto wetlands lakes and ponds on the
the discharge of excaa Permit showing all numbers 14, 1wetlands, 8, 21, stream26, s, 29 and 38). All streams
a. Wetland delineation map
roerty (for Nationwide pr() erty must be shown on the map• Mav lent.
P P ermanent) on the p P - equals 100 feet or their eq
(intermittent and p equals 50 feet or 1 inch acted by project.
scales should be 1 inch h 50 of wetlands to be imp
b. If available, representative ped by a consultant, include all data sheets relevant tot the
c. If delineation was perform
the delineation line. ement plan, if required.
placement of
d. Attach a COPY of the stormwater manag ? RESIDENTIAL AND AGRICULTURAL
ro ertY disposal? PROPOSED
e. What is land used of surrpSe mproper
thod of sewage
f. If applicable, what is prop
SANITARY SEWER authorization letter, if applicable.
g. Signed and dated agent
rior to:
not be impacted p
TE: Wetlands or Waters of the U.S. may Engineers Permit, Management
1. Issuance of a Section 404 Corps of
issuance or waiver of a 401 Division of Environmental ana ion of
2. Either the
(Water Quality) certification, and A letter from the North Carolina Divis
3. (in the twenty coastal counties only) osed activity is consistent with the North
Coastal Management stating the prop
Carolina Coastal Management program.
i's2hvnnt's Signature
;Agent's signature valid only if
Agent Authorization provided (18rg ))m
the owner is p
Delineation Performed by: Soil & Environmental Consultants, Inc.
244 West Millbrook Road 231 16th Avenue NE
Raleigh, NC 27609 Hickory, NC 28601
Phone: (919) 846-5900 Phone: (704) 322-6700
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: PHILLIPS PROPERTY Date: 10/97
Applicant/Owner: TRICOR, JOB LOONEY. County: MITCHELL
Investigator: CHRIS HUYSMAN State: NORTH CAROLINA
Do normal circumstances exist on the site?
Is the site significantly disturbed
(A typical situation)?
Is the area a potential problem area?
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum
1. FESCUE FORB
2. ALNUS SERRULATA SHRUB
3. ACER SACCHARUM TREE
4. A. RUBRUM TREE
5. PLATANUS OCCIDEN TREE
6. LINDERA BENZOIN SHRUB
7.
8.
Yes No Community ID:
Yes
Yes
No
No
Transit ID:
Plot ID: FLOODPLAIN
Indicator Dominant Plant Species
N/A 9. JUNCUS EFFUSUS
FACW+ 10. SAGITARIA SPP.
FACU- 11.
FAC 12.
FACW- 13.
FACW 14.
15.
16.
Stratum Indicator
HERB FACW
HERB OBL
Percent of dominant species that are OBL, FACW or FAC (excluding FAC-):
100%
Remarks:
JUNCUS AND SAGGITARIA FOUND IN SMALL NATURALIZED DITCH THAT RUNS PARELLEL TO
GRASSEY CREEK AT THE BASE OF A TOE SLOPE ADJACENT TO OPEN PASTURE. HORSES FREELY
CROSS DITCH AND EAT HERBACEOUS WETLAND SPECIES
HYDROLOGY
Recorded Data (describe in remarks)
Stream, Lake or Tide Gauge
Aerial Photographs
Other
X No Recorded Data Available
Field Observations:
Depth of Surface Water: 1.5-3_ (in.)
Depth to Free Water in Pit: 0 (in.)
Depth to Saturated Soil: 0 (in.)
Wetland Hydrology Indicators:
Primary Indicators:
x Inundated
x Saturated in Upper 12 Inches
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators: (2 or more required)
x_ Oxidized Root Channels in
Upper 12 Inches
x_ Water-Stained Leaves
Local Soil Survey Data
FAC Neutral Test
Other (explain in remarks)
Wl-data.frm
Remarks:
SOILS
Map Unit Name
(Series and Phase): SOIL SURVEY NOT COMPLETED Drainage Class: POORLY
Field Observations
Taxonomy (Subgroup): Confirm Mapped Type? No
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture. Concretions,
(ins.) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure etc.
0-10 A 10 YR 2/4 sandy clay loam
10 - 20 C 10 YR 2/3 sandy clay loam
Hvdric Soil Indicators
Histosol Concretions
Histic Epipedon High Organic Content in Surface Layer in Sandy Soil
x Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime Listed on Local Hydric Soils List
_x_ Reducing Conditions Listed on National Hydric Soils List
_x_ Gleyed or Low-Chroma Colors Other (explain in remarks)
Remarks:
Wetland Determination
(yes or no)
Hydrophytic Vegetation Present? Y
Wetland Hydrology Present? Y
Hydric Soils Present? Y
Is This Sampling Point Within a Wetland? YES
Remarks:
Wl-data.frm
Delineation Performed by: Soil & Environmental Consultants, Inc.
244 West Millbrook Road 231 16th Avenue NE
Raleigh, NC 27609 Hickory, NC 28601
Phone: (919) 846-5900 Phone: (704) 322-6700
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: PHILLIPS PROPERTY Date: 11/97
Applicant/Owner: TRICOR, JOE LOONEY. County: MITCHELL
Investigator: CHRIS HUYSMAN State: NORTH CAROLINA
Do normal circumstances exist on the site?
Is the site significantly disturbed
(A typical situation)?
Is the area a potential problem area?
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Soecies
Stratum Indicator
1.
2.
3.
4.
5.
6.
7.
8.
Yes No Community ID:
Yes No
Yes No
Transit ID:
Plot ID: Channel Area
Dominant Plant Soecies
9.
10.
11.
12.
13.
14.
15.
16.
Stratum Indicator
Percent of dominant species that are OBL, FACW or FAC (excluding FAC-):
Remarks:
VEGETATION ABSENT, CHANNEL DETERMINATION.
HYDROLOGY
Recorded Data (describe in remarks)
Stream, Lake or Tide Gauge
Aerial Photographs
_X_ Other
X No Recorded Data Available
Field Observations:
Depth of Surface Water: 1.5-3_ (in.)
Depth to Free Water in Pit: 0 (in.)
Depth to Saturated Soil: 0 (in.)
Wetland Hydroloyv Indicators:
Primary Indicators:
X _ Inundated
Saturated in Upper 12 Inches
X _ Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators: (2 or more required)
Oxidized Root Channels in
Upper 12 Inches
Water-Stained Leaves
Local Soil Survey Data
FAC Neutral Test
Other (explain in remarks)
Remarks:
CHANNEL ONLY; NOT SHOWN ON USES; FISH COMMUNITY IS NOT PRESENT.
WLdata.frm
SOILS
Map Unit Name
(Series and Phase): NOT APPLICABLE; CHANNEL ONLY
Taxonomy (Subgroup):
Profile Description:
Drainage Class:
Field Observations
Confirm Mapped Type? Yes No
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
(ins.) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure etc.
Hydric Soil Indicators:
Histosol
Histic Epipedon
Sulfidic Odor
Aquic Moisture Regime
Reducing Conditions
Gleyed or Low-Chroma Colors
Concretions
High Organic Content in Surface Layer in Sandy Soil
Organic Streaking in Sandy Soils
Listed on Local Hydric Soils List
Listed on National Hydric Soils List
Other (explain in remarks)
Remarks:
CHANNEL ONLY
Wetland Determination
(circle yes or no)
Hydrophytic Vegetation Present? Yes No
Is This Sampling Point Within a Wetland? Yes No
Wetland Hydrology Present? Yes No
Hydric Soils Present? Yes No
Remarks:
CHANNEL DETERMINATION ONLY, THE CHANNEL DOES NOT HAVE SUFFICIENT BASE-FLOW TO
SUPPORT FISH, GRASSEY CREEK SUPPORTS FISH. FUNCTION: CONVEYENCE OF BASE AND STORM
FLOW.
WLdata.frm