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HomeMy WebLinkAbout20130893 Ver 1_401 Application_2013081320130893 PARKER & ASSOCIATES, INC. Snapirx; Hori�hg Consulting Engineers - Land Surveyors - Land Planners 306 New Bridge Street • P.O. Box 976 Jacksonville, NC 28541 -0976 910455 -2414 • Fax: 910455 -3441 Firm License Number F -0108 LETTER OF TRANSMITTAL TO: Ms. Jennifer Burdette DATE: August 21, 2013 NCDENR - 401 Wetlands Unit REF: A G Lee Oil Company 1650 Mail Service Center Water Quality Certification Raleigh, NC 27699 -1650 (Wetlands Permit - DWQ) WE ARE SENDING YOU: Five (5) copies of the following: Wetlands Pre - Construction Notification Form, Wetlands Impact Narrative, Bachelors Delight Mitigation Bank - Credit Reservation Letter, Jurisdiction Determination dated 1/25/13, Layout Map with existing aerial, and Wetlands Impact Maps (Sheets 1 & 2 of 2) and One (1) Check No. 33808 in the amount of $570.00. T7 DELIVERY VIA:} ❑O Regular Mail ❑ Hand ❑ Federal Express ❑ UPS Overnight ❑ UPS Ground ❑ Other THESE ARE TRANSMITTED AS CHECKED BELOW: ❑x For Approval ❑ As Requested ❑ For Your Use ❑ For Bids Due ❑ Other COMMENTS: Copies To: CF (P), LAM JLM/bab ❑ For Review and Comment �MuSUVLSNJ ' AUG 2 2 2013 nathan L. McDaniel, P.E. c3.JLM L.OT.Bundette AGL.aeOilCo. WaterQualityCert.8.21.13 (if enclosures are not as noted, kindly notify us at once) EMAIL ADDRESS: TEXT MESSAGES TO: aaltextAbizec.rr.com MAPS AND PLANS TO: aaldraftAbizec.rr.com • ENVIRONMENTAL ENGINEERING • STORMWATER, WATER & WASTEWATER SYSTEMS • FEASIBILITY & DEVELOPMENT CONSULTING • GLOBAL POSITIONING SURVEYS • SUBDIVISION & CONSTRUCTION PLANS @ IN 9w 03 Do AUG 2 2 2013 � H Q t 20130893 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ® Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No It Is payment into a mitigation bank or in4ieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ® Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ®yes [3 No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: N/A 2b. County: Onslow, 2c. Nearest municipality / town: Jacksonville 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: A. G. Lee Oil Company, Inc. 3b. Deed Book and Page No. Deed Book 813, Page 226 3c. Responsible Party (for LLC if applicable): Albert G. Lee, President 3d. Street address: 110 Roxy Dr. 3e. City, state, zip: Selma, NC 27576 3f. Telephone no.: (919) 934 -6013 3g. Fax no.: (919) 934 -1479 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) , 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Jonathan L. McDaniel, PE 5b. Business name (if applicable): Parker & Associates, Inc. 5c. Street address: 306 New Bridge Street 5d. City, state, zip: Jacksonville, NC 28540 5e. Telephone no.: (910) 455 -2414 5f. Fax no.: (910) 455 -3441 5g. Email address: paitext @bizec.rr.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): Tax ID's 345 -1.2 and 345 -1.7 1b. Site coordinates (in decimal degrees): I Latitude: 34.786501 Longitude: - 77.378636 1c. Property size: 1.48 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Northeast Creek 2b. Water Quality Classification of nearest receiving water: C; NSW 2c. River basin: White Oak 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Site is developed with an existing gas station, and adjacent to other commercial properties. 3b. List the total estimated acreage of all existing wetlands on the property: 0.24 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 206 3d. Explain the purpose of the proposed project: See Wetlands Impact Narrative 3e. Describe the overall project in detail, including the type of equipment to be used: See Wetlands Impact Narrative 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ® Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ preliminary ® Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Corey Novak Agency /Consultant Company: Other; Land Management Group, Inc. 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 1/25/10, Action ID* SAW - 2009-02255, Jurisdiction Determination Attached (Map also signed 1/25/10) 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? I ® ❑ Yes No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. A portion of the wetlands are impacted in Permit No. 2005- 9988695 by the NCDOT for the Piney Green Rd Expansion (see Sites 9 810) 6. Future Project Plans 6a. Is this a phased project? ®Yes [3 No 6b. If yes, explain. The impacts by the NCDOT and the property owner are separate. Page 3 of 10 PCN Form - Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ® Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Culvert Headwater Wetland No Corps 0.09 W2 Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - VV4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one YesNo - 2g. Total Wetland Impacts: 0.09 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Culvert UT to Northeast Creek INT Corps 6 167 S2 - Choose one S3 - Choose one S4 - Choose one S5 - Choose one S6 - Choose one 3h. Total stream and tributary Impacts 167 3i. Comments: Page 4 of 10 PCN Fort — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet ) 69. Zone 2 impact (square feet B1 - YesNo B2 - YesNo B3 - Yes/No B4 - Yes/No B5 - YesNo B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. See Wetlands Impact Narrative 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The 0.09 AC fill area for panting areas will utilize appropriate erosion oontrol measures and be scheduled accordingly to provide minimal impacts. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ® Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ® Corps 2c. If yes, which mitigation option will be used for this project? IN Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Bachelors Delight Mitigation Bank 3b. Credits Purchased (attach receipt and letter) Type: Riparian wetland Type: Stream Type: Choose one Quantity: 0.09 acres Quantity: 167 LF Quantity: See Wetlands Impact arro e 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑Yes ®No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 2b. Does this project require a Stormwater Management Plan? IN Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: A City of Jacksonville stonnwater permit will be required at the time of future expansion. 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. in which local government's jurisdiction is this project? ® Phase II 3b. Which of the following locally- implemented stormwater management programs ❑ NSW apply (check all that apply): pp y)' USMP Water Supply Watershed ❑ Other. 3c. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ® No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HOW 4a. Which of the following state - implemented stormwater management programs apply ORW (check all that apply): BSession Law 2006 -246 ❑Other. 4b. Has the approved Stormwater Management Plan with proof of approval been 7_0 Yes [3 No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal /state/local) funds or the ❑ Yes No use of public (federal /state) land? 1b. If you answered yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered yes" to the above, has the document review been finalized by the State Clearing House? (if so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes ®No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after- the -fact permit application? []Yes ® No 2c. If you answered yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in []Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from the p %ped project, or available capacity of the subject facility. Wastewa the er m project will be collected in a gravity sewer system that is ultimately treated at the treatment facility owned by the City of Jacksonville. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or Yes No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act Yes ® No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS endangered species in Onslow County, NC NC Natural Heritage Program - Heritage Data, Database Search and Virtual Workroom 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA South Atlantic Management Coundfs Internet Map Server 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation (� Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NC State Historic Preservation Office GIS Mapping Application S. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA CPN 370178 438SJ (City of Jacksonville) Albert G. Lee �j�7 1�//v/ iboo Applicant/Agent's Printed Name Applican Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided Page 10 of 10 A. G. LEE OIL COMPANY, INC. Wetlands Impact Narrative Project Description (B. 3d and 3e) Wetlands and stream impacts are proposed at the southwest corner of Piney Green Road and US Highway 17 in Jacksonville. This corner consists of two parcels owned by the A.G. Lee Oil Company with an existing BP Service Station (Kangaroo Express). There are two wetland areas located between the existing gas station site and US Highway 17, and already have permitted impacts by the North Carolina Department of Transportation (DOT), see permit No. SAW- 2005 - 9988695. The DOT proposes to fill one of the areas completely, and excavate approximately half of the other area to accommodate their road drainage from the Piney Green Road Expansion Project. The property owner is planning to redevelop the site, and will need to fill /impact the remaining section of wetlands. The project will include piping the existing ditch (RPW) by extending 30" RCP from the end of the DOT's pipe towards the back of the property. The pipe will outlet in the existing centerline of the RPW ditch and have a rip rap apron to slow outlet velocities. The remaining area over the pipe will be filled with select material and paved over for redevelopment of the site. Another existing ditch that combines with the DOT's drainage will be routed around the future development (outside parking), and tie into the proposed rip rap apron at the back of the property. Typical grading and excavation equipment will be used to complete the construction of this project. Justification (D. la) This need is caused only and totally by the North Carolina Department of Transportation taking of additional land for widening the right -of -way of Piney Green Road. While the widening of Piney Green Road has long been deemed a great public need, the additional space required for the additional traffic lanes has required the Department of Transportation to acquire large areas of private property along the corridor. In some instances this taking has resulted in significant adverse effect on the residual properties. Such is the case at this location. The owner believes that the movement of the street right -of -way toward his existing service station, coupled with the new control of access will have negative impacts on business operations. The owner believes future customers will avoid the use of this business, resulting in such loss of revenues that the business will not be able to survive. Similar convenience facilities located to the Southeast along Piney Green Road have already closed, reportedly as a result of similar impacts and a lack of land area which would otherwise have allowed for reconstruction or relocation of the business on the tract. Further, the change in right -of -way will render the site as a zoning non - conformity with regard to City of Jacksonville Land Use and Zoning Setbacks. In such instances major damage to the structure caused by fire or catastrophic environmental events would prevent reconstruction, without relocation, unless special variances were requested and granted. Accordingly, the owner believes that for the business to reasonably survive and compete, the site must be redeveloped. Unlike the businesses mentioned above, the subject property does have additional land area in the back, but in order to reasonably and effectively utilize the land area, the drainage ditch (identified as a wetland and RPW), on the Northwestern side will need to be closed and paved over to provide for parking and vehicular circulation. While there is some possibility that a redevelopment of the site may be accomplished without wetlands impacts, the resulting business would be undersized and non- competitive with the current industry standard. Please see the enclosed "Layout 1.0" showing the existing service station with overlay of the future site including the new right -of -way and DOT curb island. Additionally, it has been determined that the carwash currently on the existing site can not likely be reconstructed during a redevelopment due to the lack of vehicle circulation space. To be competitive with the current industry standard it is important that the new facility be comparable in size and usage to the newer convenience store facilities proposed or being constructed in the area. This generally requires fueling positions numbering between 16 and 24, a convenience store layout model developed by the marketing professionals, and co- locating of a fast food facility. These uses are believed by the property owner to be necessary to remain competitive at this current location. A Wilco -Hess facility was recently submitted to the City of Jacksonville for approval, located just 0.7 miles North of this site on US 17 at its intersection with Wolf Swamp Road. That site is proposed with 24 fueling stations, a convenience store and fast food facility, but also will have additional space for large truck fueling. It is important to the subject tract owner to be as competitive with this proposed facility as is reasonably possible. The collective uses require a circulation pattern that not only functions and be customer friendly, but also be in conformance with the local planning and zoning ordinances which specify drive aisle, parking spacing, loading and unloading, refuse collection and other site related criteria. Meeting these criteria requires utilization of almost all of the property available, and therefore requires closing the existing ditch and impacting the remaining wetlands. Mitigation (D. 3c) To compensate for the permanent impacts proposed, a lump sum payment will be made by the owner into the Bachelors Delight Mitigation Bank. The owner has reserved to purchase credits (see attached letter) for 167 LF of stream and 0.09 acres of riparian wetlands for a total of $69,30820. These credits are proposed at a 1:1 ratio based on the poor quality of the wetlands and RPW being impacted. The wetlands in this location are at the uppermost reach of an unnamed tributary that drains to Northeast Creek. The two wetlands areas were disconnected from each other over a hundred years ago for a railroad that used to be in this location, and the berm which supported the tracks and separates the areas is still visible. Since that time, the Highway 17 corridor through Jacksonville has been heavily commercialized and expanded, and this particular intersection with Piney Green Road is one of the busiest in the city. The combination of commercial development and drainage improvements for stormwater runoff has drastically altered the hydraulic connectivity these wetlands once had. Because of these current conditions, a 1:1 mitigation fee is fare compensation for the proposed permanent impacts. This fee is on top of the many other expenses the owner will face in order to do the construction associated with a complete redevelopment of the site. c3.JWP.PineyGreenRd.Narrative 8 15.13 BACHELORS DELIGHT MITIGATION BANK CREDIT RESERVATION LETTER August 13, 2013 TO: Jonathan McDaniel FROM: Bachelors Delight Mitigation Bank Parker & Associates, Inc. % Land Management Group, Inc. 306 New Bridge Street 3805 Wrightsville Avenue, Suite 15 Jacksonville, NC 28540 Wilmington, NC 28403 Project: A.G. Lee Oil Company — Hwy 17 /Piney Green Rd, Jacksonville NC (SAW - 2009 -02255) Dear Jonathan: Pursuant to your recent credit request, Bachelors Delight Mitigation Bank (BDMB) is providing confirmation of acceptance to supply stream and riparian wetland compensatory mitigation credits for impacts associated with the A.G. Lee Oil Company Project adjacent to Hwy 17 and Piney Green Rd in Jacksonville, NC (White Oak River Basin) (conditional upon receipt of payment as outlined below). Please refer to the table below depicting the type and quantity of credits requested and reserved for your project. jMitigation Type + Credits Requested Credits Reserved { Stream 167 167 i Non- Riparian Wetland 0 4 0 I Riparian Wetland 0.09 0.1 Note that the BDMB provides wetland credits in 0.1 -acre increments. Based upon receipt of your email and completed credit request form transmitted on August 8 (2013), BDMB has reserved 167 stream credits and 0.1 riparian wetland credits. These credits are reserved until November 13, 2013 (90 days from the date of this letter). Please contact us should you require additional time for the credit reservation beyond this date. Upon request for receipt of credit transfer, BDMB will issue an invoice in the amount of $69,308.20. Upon receipt of payment, BDMB will provide an executed Transfer of Credit Certificate. Note that all payments must be made with certified funds. It is the applicant's responsibility to ensure that the credit types and amounts requested are consistent with the compensatory mitigation requirements of the permit(s) issued. BDMB and /or its agents are not responsible for determining the applicant's mitigation requirements. If you have any questions or need additional information, please contact me by phone at (910) 452 -0001 or by email at coreziosi @lmaroup.net. Sincerely, Land Mana me Group, Inc. /J e-s, Christian Preziosi Section Manager U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW--2M-021255 NOTIFICATI, Property Owner. A.G. Lee Oil Compan, attn• Albert G. Lee Address: P.O. Box 237 Smithfield, NC 27577 Property description: County: Onslow U.S.G.S. Quad: Jacksonville North DN OF JURISDICTIONAL DETERMINATION Lim Agent: Land Manasement Group. Inc. attn• Corey Novak Address: 3805 Wrightsville Ave.. Suite 15 Wilmineton, NC 28403 Size (acres) 1.98 Nearest Town Jacksonville Nearest Waterway UT to Sandy Run Branch River Basin White On USGS HUC 030mi Coordinates 34.786675 N - 77.378720 W Location description: The Parcels are located on the southwest corner of the intersection of US 17 and Pinev Green Road. at 116 Piney Green Road, Jacksonville, Onslow County, North Carolina Tax IDs• 345-12 and 345-1.7 Indicate Which of the Following Anpiv: A. Preliminary Determination Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWAx33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your project area delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The waters of the U.S. including wetlands on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on /25 /2010. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Page 1 of 2 Action TD: SAW -2009 -02255 X- The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808 -2808 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Mr. David E. Bailey at (910) 251 -4469 / David .E.Bailev2Q.vsace.armv.mil. C. Basis For Determination The site exhibits water bodies with ordinary high water and abutting wetlands as defined in the 1987 wedand delineation manual. The water bodies on the site include UT to Sandy Run Branch a Relatively Permanent Water - which drains into Sandy Run Branch and eventually into Chaney Creek. a Section 10 Navigable Waterway - and contiguous wetlands. This determination is based on a site visit and verification by David E. Bailey on 12//2009 D. Remarks E. Appeals Information (This Information applies only to approved jurisdictional determinations as indicated In B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Division Attn: David E. Bailey, Regulatory Specialist, Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, North Carolina 28403 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by March 26, 2010. "*It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this correspondence. • • Corps Regulatory Official:_ Date 25 January 2010 Expiration Date 25 January 2015 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the attached customer Satisfaction Survey or visit hnp://www.saw.usace.anny.mil/WETLANDS/index.htmi to complete the survey online. Copy furnished: Joe Faulkner, CE Group, Inc., 11000 Regency Parkway. Suite 410, Cary, NC 27511 Joanne Steenhuis , NCDENR -DWQ, 127 Cardinal Drive Extension, Wilmington, NC 28405 Page 2 of 2 US Ale L1e S.R. 1408 BENr ,. IPF 626 °61'32"E IPF PINEY GREEN RD. (80' RIY10 �4i p 0 623 827°21'55•E CP Lea $y» SITE Z ? Z ° u r °: n, u� s. 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YlaOlTltDllIIOTTIMTT3eD0TAMODWYlTAs L31 821.18'6•i1N 16.20 L32 898.42'S9'W 16.88 193 ssose'47w 01MWGUIWMUMT"W" TMWM A00ALA1gVp 01A00 ulmVIr W L34 948.49'S3W 33.59 1.55 868.18'07'W 978 L88 839.68'1rE ANGLwattwTTI MO 01AIY0TT0AYOmm DaaMAm DMDWIA ANDI L37 N33.88'1YW 4.85 Las S05.9T42W 10.78 L38 N61.67SS'E WPDOmAW1 mTTTMD L40 N57.OT2rE 2967 lAt NB4'48'47•E 38A0 L42 N9b'38'W'E ftAT INDAWILATOR =m 476=TTMIO TAT WA{FDBMDDWMDDDw Lw WOMO toMY .AWAA6 ON A01mM%M W""TW0 J N84.Ot•72•E 22 68 LM N41'49'43E it.55 L45 N23'35'48'E ft*dW PVE0W NYDDTM.A00 ATYTOLAAI OATW W-090OIAA0AA6 Los 1958 L47 N10'3154'E 71.98 L19 N9B•62'6s'W 900 P7 Z?Z_ �R 7.91 L21 St7.0694'W 21.71 lrt Ss4'2s'6BW nmaw0n00m 0 Zlu�yp 1837 L21 337'OB'321N 2D.84 L25 854.95'tOW At01010A7m11 DL00031 -gN 0 Z lu t6.Os L27 Ss2.10'46W 1828 L28 836'M'OPW CARp4 L29 au LINE LINE TABLE DOtECTION LENOTN ��tN 0 on L z SEAL � Lt L2 N6aaa•74•E 1162'69'401: noo 31.23 L-4644 Z D L3 M4'92'd4'E 28.12 u N65'�'96E ue7 KLUX L3 Ns7•t5"f6'E 19.79 LB N84•tr22'E 8.90 mlUGMIM 0 TMATTWDOOMOP"MftMTADmaMMV L7 N2Ct9'67'E 1224 DOm70T BWJND TWnmanuWmmuWkOTOMgI W t7man""A"AwrYD0TOOm1 ® "To l8 N28'33901: 29.61 u1mBYalA300MTMDXM 014ip==WADMAMODa TLLAMa OUN M"LW"MWAATOm.TMm L9 N30'31�7'E 79.89 otn0mlwTaN W DDOIIDMAOIaW11�lO0MTS Ms® L10 N68'S798'E 2822 YIOY FO1tAF000000T10 DIRIiiOFMTOImFDOmTNO aTL TwottemNATmN WA4mAD00n1�m nW nn ownW eanow 030IIAAmDaoxmz tmN W WOAL- L11 MT47'OOE 19.94 L12 N84.18'10t 10.88 AawMaDreOmuu L13 N16'M'237E 720 nnc ` L74 NO2'78'6B•W 8.68 ene usAOCMOTDeNe O L15 Nt6.29'62'E 19.79 F F L16 N28 2417'E 12 30 L17 N23•ir2B'E 19.80 Lie AMEt .r1' A. 9g1MIWVTT0MOm111B�Iw01wwTT0 �.�_rp• Au.TADeEMMTO W 1030000AFIDmID100A0L W L mTALMwWTOMOTUts7Aa1lLAVw ot0wnm n aoDDD W An almre70r. L Don010Nraa7T300ngaaaDnaDmmw.a3L OMT. ML 00� ®W ig00{MTOAf016i� uA1mP001MOgEmIATIWI W Mwvn03A01wm DLTIMT 80RA1mA0 MMATMEM110 ALI9ATD00011ADp1101ODAT DDDAi O 0. ALLDORAUMAg1OA0' WALD0010m 1AATAImOL L "MMAOMM8NOMMEMMOMW100p® W A aomeNmu�aDW nF33mAFUl7l1w aTA74t00oa1. FAf6QIL 0111M I. 1WAmNW MOWMOM ►YIRMT. L DOY00A0TDAVIOA710NTA1QMT1or OL tOg 1V.TMm3 MTgONAOWMAA BITE /OWNER RWORK471M LEGEND 'ai WSOWIILUA nc�M"40°� ► A--ft-TM FVa TOTALAORES:1.94 ► 0.•WDTANDFIA00 QW -M MEFOUND M8481MOS18107 ® cP.aLMAYMPOW PIN04MOI0017310 A O LEE OIL OOYPAW INO PO 0011 287 88117NFIELD NC, 27077 SHEET 2 OF 2 LINE TABLE LINE DIRECTION LENOTN L90 s9o•43ruw 72.4z L31 821.18'6•i1N 16.20 L32 898.42'S9'W 16.88 193 ssose'47w 9oa6 L34 948.49'S3W 33.59 1.55 868.18'07'W 978 L88 839.68'1rE 11 B3 L37 N33.88'1YW 4.85 Las S05.9T42W 10.78 L38 N61.67SS'E 22A7 L40 N57.OT2rE 2967 lAt NB4'48'47•E 38A0 L42 N9b'38'W'E 73.88 L43 N84.Ot•72•E 22 68 LM N41'49'43E it.55 L45 N23'35'48'E 10 58 Los Nsr7ra8•E 1958 L47 N10'3154'E 71.98 L19 N9B•62'6s'W 900 L20 S48'03'48w 7.91 L21 St7.0694'W 21.71 lrt Ss4'2s'6BW 78.72 L23 s4r18't13•W 1837 L21 337'OB'321N 2D.84 L25 854.95'tOW 12.06 L28 878'3B'381N t6.Os L27 Ss2.10'46W 1828 L28 836'M'OPW 11.14 L29 848'107i0'YV 2191 LINE TABLE LINE DIRECTION LENOTN L90 s9o•43ruw 72.4z L31 821.18'6•i1N 16.20 L32 898.42'S9'W 16.88 193 ssose'47w 9oa6 L34 948.49'S3W 33.59 1.55 868.18'07'W 978 L88 839.68'1rE 11 B3 L37 N33.88'1YW 4.85 Las S05.9T42W 10.78 L38 N61.67SS'E 22A7 L40 N57.OT2rE 2967 lAt NB4'48'47•E 38A0 L42 N9b'38'W'E 73.88 L43 N84.Ot•72•E 22 68 LM N41'49'43E it.55 L45 N23'35'48'E 10 58 Los Nsr7ra8•E 1958 L47 N37'08'68'E 18.58 l4s N04'ir621N 7.85 Lag see•sa4sw 1e.e6 L50 8pi W 1895 Lst N'W 15.31 L52 w 18.00 l69 8W 1L71 LS4 9'W 76.01 L58 9•W 2189 L6s 8w 1828 Lai sz.1.os lse sw tsss Wetlands Line (TYP•) / / i GRAPHIC SCALE: 1"=60' 0 30 60 120 Existing Permitted Impacts by NCDOT Permit W. SAW -2005- 9988695 —„ X J L.' Legend: Ac. - Acreage DOT - Department of Transportation ex. - Existing rcp - Reinforced Concrete Pipe R/W - Right -of -way Typ, - Typical - Existing Ditch • • • - Proposed Ditch -- — Wetlands Line 3� Pumpkin Center �y. A, o✓c� VICINITY SKETCH NOT M SCALE Notes: 1. Wetland Impacts: initial disturbance of these areas shall be limited to only that area minimally needed to allow passage of construction equipment to prepare for the installation of the crossing and to execute upland construction on the opposing side of the crossing. Grubbing or land disturbance of the subject area shall not be performed until the culverts, backf ill material, erosion and sediment control materials or devices sufficient to substantially complete the construction and stabilization of the crossing are staged or stockpiled at the location. Due consideration shall be given to impending inclement weather conditions that may adversely affect the completion of the impact in the shortest time practicable. 2. No construction of the impact shall commence in the wetlands until all materials needed for the impact are staged on site. 3. When possible, work in the wetlands shall be done during periods of dry weather. 4. Work in the wetlands shall be completed in the minimum time necessary. 5. Install silt fence at impact. 6. Construct impact. Finish grade area 7. Install permanent ground cover (sod) on slopes. S. Maintain silt fence at toe of slope and as needed to prevent erosion. Overall Wetlands Impact Map - Sheet 1 of 2 Project: Owners: Date: 08 /15/13 Parker & Associates, Inc. Nationwide Permit 39 A.G. Lee Oil y� an Com Inc. Scale: 1 " =60' Consulting Engineers - Land Surveyors - Land Planners Company, Field book: N/A P.O. Box 976 — 28541 -0976 Parcel ID 031111 & 056031 110 North 9th Stree File Name: AG Lee - wet impact.dwg 306 New Bridge Street — 28540 Smithfield, NC 27577 Disk Name: ACRD 2470 Jacksonville, North Carolina brawn: Jacksonville Twp., Onslow Co., North Carolina (919) 934 -6013 JJL Phone (910) 455 -2414 — Fax (910) 455 -3441 Firm License Number: F -0108 c� M Q 9 c Existing Permitted Impacts by NCDOT Permit No. SAW -2005- 9988695 i ex. design / 48" RCP \\ / %' End DOT Pipe Begin ditch relocation / Wetlands Line (TYP•) / t / ' C I'M K{.r 1 / Tie new ditch to \ \\ \\ rip \ \\ \ apron \ I Apron GRAPHIC SCALE: 1"=40' 0 20 40 80 X\ ool oo lo l / e \►ld (Al . / NI yyp 3g c6 #2 1 P 1 % RAI � 1 I 1 FF 41.51 I I i R Plan View Soule, P-40' -,0, Structure ID Lok FL Inv. C8#1 40.2 .01;_� DI #1 39.9 - 36.3 C8#1 40.5 40.0 37.0 . / NI yyp 3g c6 #2 1 P 1 % RAI � 1 I 1 FF 41.51 I I i R Plan View Soule, P-40' -,0, Structure ID Lok FL Inv. C8#1 40.2 39.7 36.7 DI #1 39.9 - 36.3 C8#1 40.5 40.0 37.0 Legend• Ac. - Acreage ex. design BOC - Back of Curb 30" RCP DOT - Deportment of Transportation / End DOT Pipe ex. - Existing Begin New 30" RCP FF - Finished Floor FL - Flow Line (Gutter) Inv. - Invert L.F. - Linear Feet RCP - Reinforced Concrete Pipe Typ. - Typical -Existing Ditch ... - Proposed Ditch 42 - Wetlands Line DI#1 \ .AA. New service station layout :Q SEAL ":," 37928 8115113 •,� qM L. % Wetlands Impact Map - Sheet 2 of 2 40 3� 36 3� so •lo 20 o zv 40 Section "A" Horz. V=40' Vert. V=4' Proposed NWP 39 Impacts 167 L.F. of RPW (Stream) 0.09 Ac. of Riparian (Wetlands) See Permit No. SAW- 2005 - 9988695 for adjoining NCOOT Impacts Project: Owners: Date: 08 /15/13 Parker & Associates, Inc. Nationwide Permit 39 A.G. Lee Oil Company Sale: AS Noted Consulting Engineers — Land Surveyors — Land Planners P y Field book: N/A P.O. Box 978 — 28541 -0976 Parcel ID 031111 & 056031 110 North 9th Stree File Name: AS Lee -wet impnct.dwg sob New Bridge street — 28540 Smithfield, NC 27577 Disk Name: ACAD 2470 Jacksonville, North Carolina Jacksonville Twp„ Onslow Co., North Carolina Drawn: JJL Phone (910) 455 -2414 — Fax (910) 455 -9441 (919) 934 -6013 Firm License Number: F -0108 MI � • � 1■■■, . '' .■. MEHRUMMMM �■. MMM wmmmmmmm M MIFAIO� MMMMMMMM■ /■M! ■MMMA■M ■UMMMM mm"UMEM i .MMMM! MMMMME 1 i mmmmmmrm, .. mmmmmmm mo M] .■■■.■■■■■■■■ •lo 20 o zv 40 Section "A" Horz. V=40' Vert. V=4' Proposed NWP 39 Impacts 167 L.F. of RPW (Stream) 0.09 Ac. of Riparian (Wetlands) See Permit No. SAW- 2005 - 9988695 for adjoining NCOOT Impacts Project: Owners: Date: 08 /15/13 Parker & Associates, Inc. Nationwide Permit 39 A.G. Lee Oil Company Sale: AS Noted Consulting Engineers — Land Surveyors — Land Planners P y Field book: N/A P.O. Box 978 — 28541 -0976 Parcel ID 031111 & 056031 110 North 9th Stree File Name: AS Lee -wet impnct.dwg sob New Bridge street — 28540 Smithfield, NC 27577 Disk Name: ACAD 2470 Jacksonville, North Carolina Jacksonville Twp„ Onslow Co., North Carolina Drawn: JJL Phone (910) 455 -2414 — Fax (910) 455 -9441 (919) 934 -6013 Firm License Number: F -0108 0