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. Z r
z Z
YNf r VICINITY MAP
��ppJ
�/y KT.B qty �y
y P W 0 w w
J
m SiCALB T - 80' f
TING kTto., M. Y«o ...M.� a b
tM�MMM�OM�At�.,toFmM �A�,YALw��Mtot
v
unotBMrwPtBrmaATMATTMtaommnBUMOr r
w„ t �ATMa TKA HS Z a
,p Lx \ PIATWMNIEPMMDIMAOCOBOMIO lMIMOAiOAt a ■ 11
MYAWMENDM wi»msnMwM&ALiwSIM"TUFAL '"Co W
e° veNr WETLAND\ \\ ', in
/ AREA W 1 ?
L53� 7,160 SF
m i g w
ti m m (QI �HCaa0,
WETLAN� m � � 1 i � wmm.tMrAOOtT..ewnm„A V0. ns . �✓✓
AREA °B 131 ,� raP.rA�MBau fE 'cn
m 3,438 SF w ai 10. s •'
SEAL
L-464
p m 11 �p
m ry I I •rweotTMSOUMATTMi FTMAFAWICn WUCTmr MIN
Y7 0 1 WTM T116tMTW OFTM[AFU=K0BMOP ttCt10M°W
{� Or TMtC'UMMATPAOT aLUW=TM B I*A
10 7 I I Y KO CMO IMTMODIIW RIM LATWVBt Y3AOMANOBM
TMtlAN OB pYBPY01/TWMBiBIRAl10MB, 14M
i e I 1 UPCMMKAKMWNWTw °WAWYIOAi110MMATteM8 ®®
YIOM IgIA MYOOD IIOf iOOCOffAi01t TB/1RB ftpITNB
0 I i'P mart=Mw wn�eT"�uwro/B°"gQ �VTlLB TMAnwpr
37 � � BtOWAT011T�fFIaAt1Q10t�"1C!1
I1
NORTH
%STINGO PA (io YB �tA�.,af�+_zoov -DZtfs DB. 1500 PG. 795:
EXISTI v. l i►r u t l r t I
g•` .� 105 To' N2 °24' 3•'W
IPF TMPrrtaMPnMrt.a
CP N33°56.12"W 122.38'(TOTALI L36° ���; zoo.is SHEET 1 OF .
LINE TABLE
LINE
DIRECTION
LENOTN
L90
s9o•43ruw
tTDOra m. 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