19980590 Ver 1_USACE Permit_20221216

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVE
WILMINGTON, NORTH CAROLINA 28403
December 16, 2022
Regulatory Division
Action ID. SAW-1998-01870
Mr. Pat Joyce
Fort Benjamin Commons, LLC (formerly M&J Investments)
Post Office Box 190
Newport, North Carolina 28570-0190
Dear Mr. Joyce:
Reference the Department of the Army (DA) permit issued on March 9, 1999
(enclosed), and subsequent modifications dated April 7, 2003, March 17, 2009, August
16, 2013, and January 26, 2018 for the discharge of fill material into 37.63 acres of
Section 404 wetlands of Smith Swamp Branch to facilitate the construction of an
elementary and middle school and commercial/retail development (Fort Benjamin
Commons) within a 153.36 acre tract located between US Highway 70 Bypass, SR
1247 (Old Highway 70/Chatham Road), and SR 1141 (Hibbs Road), in Newport,
Carteret County, North Carolina.
A request to modify the above referenced permit was received by email on
September 9, 2022. The modification request consists of a five-year expiration date
extension of the DA authorization. The applicant proposes no changes to the project
impacts or footprint. The current DA authorization is set to expire on December 31,
2022.
Upon the review of the applicant's request, our office has determined that the
modification of the March 9, 1999 permit can be authorized pursuant to Section 404 of
the Clean Water Act. The modified expiration date has been extended to December
31, 2027 provided adherence to the following new and modified and the enclosed
applicable original conditions Any deviations from the permit must receive prior
authorization from our office.

1) New Special Conditions:
a. The Permittee shall use appropriate sediment and erosion control practices
which equal or exceed those outlined in the most recent version of the "North
Carolina Sediment and Erosion Control Planning and Design Manual" to
ensure compliance with the appropriate turbidity water quality standard.
Erosion and sediment control practices shall be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to ensure
compliance with the appropriate turbidity water quality standards. This shall
include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the
movement of earthen fill, and the immediate stabilization of all disturbed
areas. Additionally, the project shall remain in full compliance with all aspects
of the Sedimentation Pollution Control Act of 1973 (North Carolina General
Statutes Chapter 113A Article 4). Adequate sedimentation and erosion control
measures shall be implemented prior to any ground disturbing activities to
minimize impacts to downstream aquatic resources. These measures shall be
inspected and maintained regularly, especially following rainfall events. All fill
material shall be adequately stabilized at the earliest practicable date to
prevent sediment from entering into adjacent waters or wetlands.
b. If you discover any previously unknown historic or archeological remains
while accomplishing the activity authorized by this permit, you must
immediately notify this office of what you have found. We will initiate the
Federal and state coordination required to determine if the remains warrant a
recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
2) Modified /replaced Special Conditions (numbers coincide with the original permit
conditions): *Please note that underlining includes additions and bold text is
replacement.
a. Special Condition (a.): All work authorized by this permit must be performed in
strict compliance with the permit plans. Any modification to these plans, prior to
or during construction, must be approved by the U.S. Army Corps of Engineers
Wilmington District (USAGE) prior to implementation.
b. Special Condition (d.): The Permittee shall implement all necessary
measures to ensure the authorized activity does not kill, injure, capture,
harass, or otherwise harm any federally -listed threatened or endangered
species. While accomplishing the authorized work, if the Permittee
discovers or observes an injured or dead threatened or endangered
species, the U.S. Army Corps of Engineers, Wilmington District Wilmington

Field Office, Attn: Tom Charles at 910-251-4101 or
[e-mail] will be immediately notified to initiate
the required Federal coordination.
All other General and Special Conditions, as prescribed in the March 9, 1999
authorization and enclosed for your convenience (Attachment A), remain valid. Please
continue to take special note of special condition (n), which states "No fill material will
be placed within wetland areas designated as commercial/retail development until a
final plan has been submitted to our office to ensure that further practicable avoidance
and minimization has been incorporated in the design." In addition, we are aware that
the wetland delineation has well expired on some of the remaining undeveloped
parcels. It is strongly recommended that the delineations on these parcels be updated
to ensure the presence of waters and wetlands are accurately depicted for future
development.
If you have questions, please contact Tom Charles of the Wilmington Regulatory
Field Office, at telephone [phone], or [e-mail].
FOR THE DISTRICT ENGINEER
Sincerely,
Digitally signed by Tyler
__ q /1 Crumbley
i/ I �y� Date: 2022.12.16 10:02:30
-05'00'
Tyler Crumbley
Deputy Chief, Regulatory Division
Enclosures:
Attachment (A): Special Conditions of the March 9, 1999 Permit
Attachment (B): March 9, 1999 Permit
Copies Furnished (electronic w/ attachments):
Mr. Charles Cullipher, The Cullipher Group, P.A.
Ms. Kathy Matthews, USFWS
Ms. Maria Dunn, NC WRC
Mr. Todd Bowers, USEPA
Ms. Holley Snider, NCDEQ-DWR
Mr. Daniel Govoni, NCDEQ-DCM
Mr. Creighton Brown, NCDEQ-DEMLR

ATTACHMENT (A)
Special Conditions of the March 9, 1999 authorization:
a. All work authorized by this permit must be done in strict compliance with the
permit plans.
b. No mechanized land clearing will take place at any time in waters or wetlands
outside of the permitted area of construction.
c. No excavated or fill material will be placed at any time in waters or wetlands
outside the permitted area of construction.
d. While accomplishing the authorized work, if the permittee discovers any
previously unknown Federally endangered or threatened species, the District
Engineer will be immediately notified so that required coordination can be
initiated with the U.S. Fish and Wildlife Service (USFWS).
e. Appropriate sedimentation and erosion control measures (i.e., silt fences, hay
bales, etc.) will be implemented to minimize siltation or turbidity. Disturbed areas
will be immediately stabilized to prevent erosion into adjacent waters or wetlands.
f. All fill material will be clean and free of any pollutants except in trace quantities.
Metal products, organic materials or unsightly debris will not be used.
g.
The activity will be conducted in such a manner as to prevent any significant
increase in turbidity outside the area of construction or construction related
discharge. Increases such that the turbidity is 25 NTU's or less will not be
considered significant.
h. This Department of the Army permit does not obviate the need to obtain other
Federal, State or local authorizations required by law.
i. All fill material used in the construction of the schools and commercial/retail
development will come from an upland borrow area.
If any fill material is taken offsite during the construction, the material must be
disposed of on an upland site, with the exception of the organic strippings placed
in the 0.41 acre creation site.
k. The applicant will provide a construction schedule to our office prior to
conducting any work.

I. All proposed activities in the 50.26 acre school site may occur immediately upon
the issuance of this permit. If, a.t any. time, the construction - plans are modified,
the updated plans must be submitted to our office to determine further
minimization measures.
m. No fill material will be placed within wetland areas designated as
commercial/retail development until a final plan has been submitted to our office
to ensure that further practicable avoidance and minimization has been
incorporated in the design. However, the construction of the water and sewer
facilities and road network may occur immediately upon the issuance of the
permit.
n. All compensatory mitigation will be implemented in accordance with the
December 7, 1998 Mitigation Plan and will include the following conditions:
1) For the 0.41 acre onsite creation mitigation: a final planting scheme will be
sent to our office for approval; a surveyed benchmark elevation point and the
reference point will be established in coordination with our office; all
monitoring wells will be installed in accordance with the WRP's August 1993
Technical Note "Installing Monitoring Wells/Piezometers in Wetlands"; and
the monitoring period will begin upon the completion of the grading,
monitoring well installation, and planting of trees. The grading of the created
area will occur prior to or within 30 days from the start of the school
construction.
2) Remaining onsite wetland areas, including the 0.41 created site, shall be
preserved in their natural state in perpetuity. A deed restriction or other
instruments must be in place and recorded in the Carteret County Register of
Deeds for protecting these areas in perpetuity. This instrument must be
recorded with the County prior to any construction of the school and
commercial/retail development. The deed restriction should be written as the
following: The wetland areas, as delineated on a wetland survey plat
identifying these areas to the satisfaction to the Corps of Engineers, shall be
left in their natural state. Prohibited activities within the mitigation areas
specifically include, but are not limited to, the construction of structures of any
kind, the discharge of dredged or fill material, excavation, the cutting,
damage, or removal of any vegetation, grading, leveling, or any other earth
moving activity. This restriction is intended to ensure compliance with the
permits issued by the State of North Carolina and the Department of the Army
and may be enforced by the State of North Carolina and by the United States
of America. Notwithstanding any other provisions contained herein, this
paragraph may not be amended, deleted or revised without the written
consent of the agency of the State of North Carolina responsible for enforcing
the storm water runoff rules and the agency of the Department of the Army
responsible for enforcing wetlands regulations.

3) For the offsite mitigation: all of the restoration on the Sheep Ridge Mitigation
Site must be completed prior to the discharge of fill material in wetlands on
the project site or within 30 days from the start of construction. Erosion and
control measures (riprap is strongly recommended) will be implemented at the
two junctions of the filled ditches and the open ditches to ensure permanent
stability at these points. Any signs of erosion must be immediately
remediated. Monitoring wells will be installed in accordance to WRP's August
1993 Technical Note "Installing Monitoring Wells/Piezometers in Wetlands".
The Sheep Ridge Tract must be managed for wildlife in perpetuity.
Management for timber production is prohibited. Written consent from the
U.S. Forest Service ensuring wildlife management must be forwarded to our
office prior to construction of the schools and commercial/retail development.
4) The onsite mitigation areas must be protected from vandalism. The applicant
will be responsible to implement any remediation measures that may be
required from results of vandalism activities.

PER -Permit
ORM ID Number:
From Date:
SAW- icf oiro
I�q�i o,o Date: KM 030q

March 9, 1999
Regulatory Division
Action ID. 199801870
Messrs. Danny McQueen and Pat Joyce
M&J Investments
Post Office Box 190
Newport, North Carolina 28570-0190
Dear Sirs:
In accordance with your written request of July 7, 1998, and the ensuing administrative
record, enclosed is a Department of the Army (DA) permit to discharge fill material within 37.63
acres of Section 404 wetlands above the headwaters of Smith Swamp Branch to facilitate the
construction of an elementary and middle school and commercial/retail development within a
153.36 acre tract located between US Highway 70 Bypass, SR 1247 (Old Highway 70/Chatham
Road), and SR 1141 (Hibbs Road), in Newport, Carteret County, North Carolina.
If any change in the authorized work is required because of unforeseen or altered conditions
or for any other reason, the plans revised to show the change must be sent promptly to this office.
Such action is necessary, as revised plans must be reviewed and the permit modified.
Carefully read your permit. The general and special conditions are important. Your failure to
comply with these conditions could result in a violation of Federal law. Certain significant
general conditions require that:
a. You must complete construction before December 31, 2002.
b. You must notify this office in advance as to when you intend to commence and
complete work.
c. You must allow representatives from this office to make periodic visits to your
worksite as deemed necessary to assure compliance with permit plans and conditions.

-2-
The enclosed Notice of Authorization, ENG Form 4336, must be conspicuously displayed at
your worksite.
Enclosures
Copy Furnished with enclosures:
Chief, Source Data Unit
NOAA/National Ocean Service
ATTN: Sharon Tear N/CS261
1315 East -west Hwy., Rm 7316
Silver Spring, MD 20910-3282
Copies Furnished with special conditions and
plans:
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
BCF:
CESAW-RG-L/JAHNKE
CESAW-RG-L/SUGG
CESAW-RG/RAMEL
Sincerely,
FILENAME:mj inve68.03 a
CESAW-RG-L/SUGG/gd
CESAW-RG-L/JAHNKE
CESAW-OC/LAMSON
Terry R. Youngbluth CESAW-R
Colonel,U.S.Army AIL
District Engineer CESAW-RG/FILES
V.
3l1 °), ?
3110 199
Mr. William L. Cox, Chief
Wetlands Protection Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street
Atlanta, Georgia 30303
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687

DEPARTMENT OF THE ARMY PERMIT
M & J INVESTMENTS
Permittee
199801870
Permit No
CESAW-RG
Issuing Office
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term
"this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description:
To discharge fill material within 37.63 acres of Section 404 wetlands above the headwaters of Smith
Swamp Branch to facilitate the construction of an elementary and middle school and
commercial/retail development within a 153.36 acre tract.
Project Location:
Between US Highway 70 Bypass, SR 1247 (Old Highway 70/Chatham Road), and SR 1141 (Hibbs
Road), in Newport, Carteret County, North Carolina.
Permit Conditions:
General Conditions:
31 December 2002
1. The time limit for completing the work authorized ends on If you find that you need
more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least
one month before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and condi-
tions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make
a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain
the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of
this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordina-
tion required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register
of Historic Places.
ENG FORM 1721, Nov 86
EDITION OF SEP 82 IS OBSOLETE.
(33 CFR 325 (Appendix A))
1

4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it con-
tains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit.
Special Conditions:
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(Xj Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
2
•

e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
bell s rm tee, indicates tt t you accept and agree to comply with the terms and conditions of this permit.
PAO over
CAI-;Qhf - xxl-7)44.)
(PERMITTE (D,,4 TE)
M & J I VESTMENTS
POST OFFICE BOX 190
NEWPORT, NORTH CAROLINA 28570-0190
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
r r l VC/
(DISTRICT ENGINEER) 7TERRY R. YOUNGBLUTH, COLONEL, EN
(DATE)
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below.
(TRANSFEREE) (DATE)
3
*U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-425

SPECIAL CONDITIONS
a. All work authorized by this permit must be done in strict compliance with the permit
b. No mechanized land clearing will take place at any time in waters or wetlands outside
of the permitted area of construction.
c. No excavated or fill material will be placed at any time in waters or wetlands outside the
permitted area of construction.
plans.
d. While accomplishing the authorized work, if the permittee discovers any previously
unknown Federally endangered or threatened species, the District Engineer will be immediately
notified so that requiredcoordination can be initiated with the U.S. Fish and Wildlife Service
(USFWS).
e. Appropriate sedimentation and erosion control measures (i.e., silt fences, hay bales, etc.)
will be implemented to minimize siltation or turbidity. Disturbed areas will be immediately
stabilized to prevent erosion into adjacent waters or wetlands.
f. All fill material will be clean and free of any pollutants except in trace quantities. Metal
products, organic materials or unsightly debris will not be used.
g. The activity will be conducted in such a manner as to prevent any significant increase in
turbidity outside the area of construction or construction related discharge. Increases such that
the turbidity is 25 NTU's or less will not be considered significant.
h. This Department of the Army permit does not obviate the need to obtain other Federal,
State or local authorizations required by law.
i. All fill material used in the construction of the schools and commercial/retail
development will come from an upland borrow area.
j. If any fill material is taken offsite during the construction, the material must be disposed
of on an upland site, with the exception of the organic strippings placed in the 0.41 acre creation
site.
k. The applicant will provide a construction schedule to our office prior to conducting any
work.
1. All proposed activities in the 50.26 acre school site may occur immediately upon the
issuance of this permit. If, at any time, the construction plans are modified, the updated plans
must be submitted to our office to determine further minimization measures.
m. No fill material will be placed within wetland areas designated as commercial/retail
development until a final plan has been submitted to our office to ensure that further practicable
avoidance and minimization has been incorporated in the design. However, the construction of
the water and sewer facilities and road network may occur immediately upon the issuance of the
permit.

2
n. All compensatory mitigation will be implemented in accordance with the December 7,
1998 Mitigation Plan and will include the following conditions:
1) For the 0.41 acre onsite creation mitigation: a final planting scheme will be sent to
our office for approval; a surveyed benchmark elevation point and the reference point will be
established in coordination with our office; all monitoring wells will be installed in accordance
with the WRP's August 1993 Technical Note "Installing Monitoring Wells/Piezometers in
Wetlands"; and the monitoring period will begin upon the completion of the grading, monitoring
well installation, and planting of trees. The grading of the created area will occur prior to or
within 30 days from the start of the school construction.
2) Remaining onsite wetland areas, including the 0.41 created site, shall be preserved in
their natural state in perpetuity. A deed restriction or other instruments must be in place and
recorded in the Carteret County Register of Deeds for protecting these areas in perpetuity. This
instrument must be recorded with the County prior to any construction of the school and
commercial/retail development. The deed restriction should be written as the following: The
wetland areas, as delineated on a wetland survey plat identifying these areas to the satisfaction to
the Corps of Engineers, shall be left in their natural state. Prohibited activities within the
mitigation areas specifically include, but are not limited to, the construction of structures of any
kind, the discharge of dredged or fill material, excavation, the cutting, damage, or removal of any
vegetation, grading, leveling, or any other earth moving activity. This restriction is intended to
insure compliance with the permits issued by the State of North Carolina and the Department of
the Army and may be enforced by the State of North Carolina and by the United States of
America. Notwithstanding any other provisions contained herein, this paragraph may not be
amended, deleted or revised without the written consent of the agency of the State of North
Carolina responsible for enforcing the storm water runoff rules and the agency of the Department
of the Army responsible for enforcing wetlands regulations.
3) For the offsite mitigation: all of the restoration on the Sheep Ridge Mitigation Site
must be completed prior to October 31, 1999, as stated in the revised December 3, 1998,
mitigation plan. Erosion and control measures (riprap is strongly recommended) will be
implemented at the two junctions of the filled ditches and the open ditches to ensure permanent
stability at these points. Any signs of erosion must be immediately remediated. Monitoring
wells will be installed in accordance to WRP's August 1993 Technical Note "Installing
Monitoring Wells/Piezometers in Wetlands". The Sheep Ridge Tract must be managed for
wildlife in perpetuity. Management for timber production is prohibited. Written consent from
the U.S. Forest Service ensuring wildlife management must be forwarded to our office prior to
construction of the schools and commercial/retail development.
4) The onsite mitigation areas must be protected from vandalism. The applicant will be
responsible to implement any remediation measures that may be required from results of
vandalism activities.

•
REVISED COMPENSATORY MITIGATION PLAN
FOR THE NEWPORT SCHOOL TRACT
Prepared for:
M&J Investments
Newport, North Carolina
Prepared by:
Land Management Group, Inc.
Wilmington, North Carolina
Job # 04-98-072
Revised December 3, 1998

( L•
TABLE OF CONTENTS
LIST OF FIGURES
LIST OF TABLES iv
INTRODUCTION 5
LAND TRANSACTION AND CONTRACTUAL OBLIGATIONS 7
PRELIMINARY WETLAND STUDIES 9
NEWPORT TRACT 9
SHEEP RIDGE TRACT 10
Background 10
Computer Delineation 11
OCEAN TRACT 11
IMPACT ASSESSMENT 11
ALTERNATIVES, AVOIDANCE AND MINIMIZATION 12
MITIGATION 14
REQUIRED MITIGATION RATIOS 14
NEWPORT TRACT MITIGATION 16
Creation Mitigation 17
Enhancement Mitigation 17
SHEEP RIDGE TRACT MITIGATION 18
Restoration Mitigation 18
Preservation Mitigation 18
OCEAN TRACT 19
MONITORING PLAN AND SUCCESS GOALS 19
REFERENCE POINTS 20
HYDROLOGY MONITORING 20
VEGETATION MONITORING 21
MITIGATION IMPLEMENTATION SCHEDULE 21
SUMMARY 21
FIGURES AND TABLES 25
APPENDIX 34

LIST OF FIGURES
Figure 1. Vicinity map of all three tracts. 21
Figure 2. The White Oak River Basin 22
Figure 3. Wetland map of the Newport Tract. 23
Figure 4. The Sheep Ridge Tract. 24
Figure 5. U.S.G.S. topo map of the Sheep Ridge Tract. 25
Figure 6. The Ocean Tract. 26
Figure 7. Site development plan for the Newport Tract. 27
Figure 8. Ratio boundaries based on distances from "blue line" stream. 28
Figure 9. U.S.G.S. topo map of the Newport Tract 29
Figure 10. Reference point at the Newport Tract. 30
Figure 11. Reference point at the Sheep Ridge Tract. 31

iv
LIST OF TABLES
Table 1. Attendees of October 30, 1998 meeting 32
Table 2. Mitigation (A) required by DWQ ratios and (B) proposed by applicant 33

5
INTRODUCTION
M&J Investments (applicant) is proposing to develop a 153.36 acre tract (The
Newport Tract) for the construction of two schools with associated infrastructure and
commercia/ retail development to offset the cost of providing the school property. The
schools are needed to ease overcrowding at the on the Broad Creek School District
from the Newport area. The Newport Tract is located between U.S. Highway 70, Hibbs
Road, and Old Highway 70; south of Newport, North Carolina (Figure 1). This tract
contains 50.53 acres of jurisdictional 404 wetlands and 0.47 of isolated wetlands. The
wetlands are linear depressions running approximately east to west and are bisected
by Highway 70 and old Highway 70. The applicant is acting as agent/developer for the
Carteret County School System (School System) and the U.S. Forestry Service(Forest
Service).
The applicant has worked closely both the School System and Forestry Service
in acquiring the school site. The school system favored the Newport Tract for the
school site but the Forest Service could not sell the property directly to the School
System. Therefore, a land transaction was arranged where the applicants purchased
another 270 acre tract (Ocean Tract; Figure 1). The applicant was then able to barter
this tract for the Newport Tract and the opportunity to use another Forest Service Tract
(The Sheep Ridge Tract; Figure 1) for wetland mitigation. Details of the land
transaction will be outlined in a later section.
The School System considered a total of six tracts before determining that the
Newport Tract was the best available tract. Unfortunately, the School System cannot

6
afford to.acquire the entire property. The applicant therefore proposes to add
commercial and retail development in other sections of the tract in order to offset the
costs and associated risks of developing the tract. A copy of the applicants contract
with the School System is enclosed in the Appendix.
Wetland impacts have been maximized to the maximum extent possible in order
to complete the site plan. However, 37.63 acres of wetland impact are unavoidable to
complete the site plan. Therefore this mitigation plan was developed to mitigate for the
wetland loss. The plan was developed to meet both Corps and North Carolina Division
of Water Quality (DWQ) specifications.
Compensatory mitigation will be developed both on -site and at the Ocean and
Sheep Ridge Tracts. All three tracts are located within the White Oak River Basin
(Figure 2).
On -site mitigation will be composed of 12.90 acres of enhanced wetlands and 0.47
acres of wetland creation . These wetlands were designed mostly to create a large
block of unaltered wetlands in order to meet a DWQ request. All mitigated wetlands at
the Newport Tract will be incorporated into the final stormwater management system for
the tract.
The Sheep Ridge Tract located within the Croatan National Forest in Craven
County and is adjacent to the Sheep Ridge Wilderness Area. The tract is composed of
460 acres of short pocosin which was ditched in the past. Roads were added along the
ditches. A total of 59.00 acres of drained wetlands will be restored with all remaining
wetlands preserved.

7
Composed of.approximately 307 acres, the Ocean Tract contains 190 acres of
wetlands. These wetlands are composed of both mineral/organic soil flats and Carolina
Bays. The tract will be donated the Croatan National Forest and preserved.
The creation area of the Newport Tract and the restoration area of the Sheep
Ridge Tract will be monitored for five years with annual reports submitted to both the
Corps and DWQ.
This proposal represents a modification of the original plan based on the input of
a meeting between the applicants, Land Management Group, and various government
agencies on October 30, 1998. A listing of individuals attending that meeting is shown
in Table 1.
LAND TRANSACTION AND CONTRACTUAL OBLIGATIONS
The applicant acquired the Newport tract by trade with the Forest Service after
the applicant conveyed their ownership of the Ocean Tracts to the Forest Service. The
Forest Service was eager to trade the Newport Tract, as it was a relatively small out -
parcel of the Croatan, surrounded by public highways and private development, making
effective silvicultural and wildlife habitat management difficult. The Ocean Tract is
larger and contiguous with other Forest Service block land holdings. A final condition
of the land transaction is that the Forest Service will provide the Sheep Ridge Tract for
wetlands restoration and preservation as part of the mitigation requirements to offset
the unavoidable wetland losses within the Newport Tract. The applicant is responsible
for complying with all conditions of the mitigation proposal. The "purchase sale"

8
contract is enclosed in the appendix.
The Carteret County Board of Education (School Board) is the third party
involved in the transaction. The school board is purchasing 50.26 acres for both a
middle and elementary school campuses.
The applicant is the legal entity through which the land trade was performed.
The purchase agreement calls for a projected school opening of August, 2000. The
applicant is selling the school property below cost, thus any profit to the applicant will
come from future sales of the balance acreage for the private development.
The "purchase -sale" contract and list of performance criteria are shown in the
appendix.
PRELIMINARY WETLAND STUDIES
NEWPORT TRACT
The Newport Tract consists of 153 acres. The wetlands were delineated by
Land Management Group in the spring of 1988. Mr. Mickey Sugg of the Corps
approved the delineation on April 17, 1998 (Figure 3).
The wetlands on the tract compose a gradient between mineral/organic soil flats
and where headwater wetlands begin to form. The majority of the ecosystems drain
east under old highway 70, although the northern most wetland system drains to the
west under Hibbs Road.
Anthropogenic impacts to the tract are quite substantial. A CP&L transmission
line bisects the tract east to west near the north end of the property. All wetlands have

9
been bisected and surrounded by roads, N.C. DOT drainage, and previous forest
service practices of bedding and minor drainage within the tract.
SHEEP RIDGE TRACT
Background
The Sheep Ridge Tract (Figure 4) was evaluated by Land Management Group in
April 1998. The site is bounded on four sides by drainage ditches and woods roads.
The boundary ditches are approximately 6' deep and 8' wide. However, the tract is not
currently in intensive silvicultural production. The woods roads are approximately 30'-
50' from ditch to ditch. The tract is located on a topographic high (Figure 5) so the
filled ditches will not impede drainage higher in the watershed. The dense nature of
the vegetation will provide a barrier to potential damage to the tract by vandals. The
tract is also located adjacent the Sheep Ridge Wilderness Ares, thus providing an
abundance of suitable reference areas for monitoring purposes. While having the tract
included as a Wilderness Area may prove legally impossible, the preserved tract will
basically serve the same function as if it were part of the wilderness area.
Computer Delineation
Computer models (DrainMod and Aral) were used to analyze drainage effects
based on the depth and width of ditches, precipitation, soil properties, and other
factors. The models show a 50'-20' drainage effect from ditching. The total area
drained, including roads, ditches, and drainage effect is 59.0 acres. A more aggressive

10
approach was deemed unnecessary since this met the restoration requirements. The
computer data is in the appendix.
OCEAN TRACT
Land Management Group delineated the wetlands on the Ocean Tract in 1994
(Figure 6). The tract was acquired originally as a school tract. Of the 270 acres, 190
were determined to be jurisdictional 404 wetlands.
IMPACT ASSESSMENT
The site development plan (Figure 7) shows a total of 37.16 acres of impacted
federally jurisdictional wetlands and to 0.47 acres of isolated wetlands. Approximately
one third of the tract is associated with school development. Middle and elementary
schools, both off which will house 900 students and staff will be located on site along
with football, soccer, softball, baseball and elementary play fields. Fill is also needed
to complete bleachers, access, dugouts, concessions stands, and drainage swales
associated with the playing fields. Fill is also needed for building space and parking for
the associated commercial development.
ALTERNATIVES, AVOIDANCE AND MINIMIZATION
The Newport Tract was deemed the best tract available for the needed new
schools for several reasons. The Carteret County Board of Education favors the tract

11
for the new schools. Four other tracts were considered. The Newport Tract was
deemed to be the most desirable of the four. A memorandum by Dr. David Lenker,
Superintendent of the Carteret County Schools is enclosed in the Appendix. This letter
outlines the reasons for choosing the Newport Tract as opposed to one of the other
tracts.
The applicant has strived to avoid wetland impacts whenever possible.
Unfortunately, no tracts were available which did not also contain substantial wetland
areas. As Don Kirkman of the Carteret County Economic Development pointed out at
the October 30 agency meeting, substantial government land holdings in the Croatan
limit development in the Morehead/Beaufort/Newport Area. The commission favors
development along existing roads and containing development in areas which will not
require creating extensive transportation/utilities infrastructure.
The applicant has also attempted to minimize wetland impacts to the greatest
extent possible. However, wetland impacts were unavoidable to complete the site plan
for both the school portion and commercial development.
The applicant has agreed to redesign the commercial site plan in response to
the agencies requirement for further wetland impact minimization than originally
proposed. The wetland impacts have been reduced from 42.53 acres of impacted
wetlands (42.06 acres jurisdictional, 0.47 acres isolated) to 37.73 acres (37.16
jurisdictional, 0.47 acres isolated). The amount of enhanced wetlands has increased
from 8.0 acres to 12.90 acres. The applicant has also proposed to create an
additional 0.41 acres of wetlands on -site. Per the request of DWQ, the site plan was

12
further modified to ensure that the on -site enhanced and created wetlands would be
part of a larger block, rather than in fragmented ecosystems. The remaining wetlands
will be incorporated into the final engineered stormwater management system.
MITIGATION
A total of 663.31 acres of wetlands will be restored, created, enhanced, or
preserved as part of the mitigation plan. A total of 80 upland acres will be preserved as
part of the Ocean Tract. An additional 17 acres have also been added to the Ocean
Tract which were not mentioned in the previous mitigation plan. The upland/wetland
ratio of this area is not known so it will be considered upland in this document. Some
or all of this additional area may be wetlands. The final ratio of wetlands mitigated to
wetlands impacted is 17.63:1. When the preserved upland areas are added, the ratio
becomes 20.20:1. This ratio far exceeds those required by the Corps or DWQ.
REQUIRED MITIGATION RATIOS
Published mitigation requirements for the impacted wetlands were reviewed fro
project compliance. Th requirements of DWQ (based on distances from "blue line"
streams) were more restrictive than the replacement requirements mandated by federal
guidelines. Therefore, DWQ requirements were utilized in the project. Figure 8
represents how the wetlands were classified utilizing this system. At the Oct. 30 site
visit, John Dorney and Joanne Steenhuis of DWQ determined that the marked stream
on the U.S.G.S. topo map (Figure 9) does not actually exist. Nevertheless, the ratios

13
were determined based on the presence of a stream. If the stream were not shown on
the topo map, the mitigation ratios would be substantially lower. If restoration alone
were utilized , a total of 75.63 acres of restored wetlands would be needed to offset the
wetland impacts (Table 2.) However, that amount of restoration is not available at the
Sheep Ridge Tract and no restorable wetlands are present at the Newport Tract or
Ocean Tract. Only 59 acres of restorable wetlands is available at the Sheep Ridge
Tract. Utilizing the available ratios, this amount of restoration offsets only 31.05 acres
of wetlands. Therefore, creation, enhancement, and preservation will be utilized in that
order. A total of 32.36 acres of preservation is required after the creation and
enhancement mitigation is utilized. the overall required ratio of wetlands mitigated to
wetlands impacted is 2.85:1. Thus the actual mitigation area exceeds the required
mitigation by more than 655 acres.
NEWPORT TRACT MITIGATION
The on -site mitigation efforts at the Newport Tract include both wetland creation
and wetland enhancement. A total of 0.47 acres of wetlands will be created adjacent to
an existing wetland (Figure 7). The adjoining wetland was previously altered by
adjacent property owners. A total of 12.9 on -site wetland acres will be enhanced
through incorporation into the overall stormwater management system (Figure 7). The
enhancement -areas represent the lower areas of the wetlands where they drain off -site.
Storm water retention ponds and/or drainage flow will be located immediately above the
wetlands. The system will be designed to meet DWQ stormwater plan specifications.

14
The wetlands were chosen as probably having the highest suite of water quality
functions of any wetlands and therefore best able to aid in water quality maintenance
downstream from the tract. All created and enhanced wetlands will be preserved
through conservation easements. The easements will be recorded with the Register of
Deeds ensuring that the protected wetlands will be preserved in perpetuity. M&J
investments will retain title to preserved property.
Creation Mitigation
A total of 0.41 acres of wetlands will be created on -site. The creation area will
be excavated to the natural grade of the existing wetlands. Organic strippings from
adjacent impacted wetlands will be placed in the creation area. As the created wetland
will add area to the wetland system which will receive the majority of stormwater on the
property, it is anticipated that the created wetland will easily meet the wetland
hydrology criterion.
A total of 216 trees will be planted on even centers in the creation area. The
species composition will be an equal proportion of Acer rubrum, Nyssa sylvatica, and
Pinus serotina bare root seedlings.
Enhancement Mitigation
The enhancement wetlands (Figure 7) were designed in intact blocks in order to
preserve wetland ecosystem integrity. Stormwater ponds will be designed above the
wetlands with the outflows sheet flowed into the wetlands. This basic idea will be

15
incorporated into the final engineered stormwater plan. The enhanced wetlands will be
preserved in perpetuity through appropriate legal covenants. The applicant will retain
title to the enhanced wetlands.
SHEEP RIDGE TRACT MITIGATION
Mitigation at the Sheep Ridge Tract will be composed of restoration and
preservation mitigation. A total of 59 acres will be restored with the remaining 401
acres being preserved.
Restoration Mitigation
A total of 59.0 acres of drained wetlands will be hydroponically restored. The
perimeter drainage ditches will be entirely filled, restoring hydrology. The fill material
will come from the road system which currently circles the entire tract. This will also
make the tract impenetrable to trucks, dune buggies, humvees, and other all terrain
vehicles. The roadbed areas will be allowed to naturally revegetate from surrounding
plant and seed sources. The restoration area will then be preserved as part of the
Croatan. The applicant assumes all responsibility for the mitigation success.
Preservation Mitigation
The remaining wetlands of the Sheep Ridge Tract will be preserved as part of the
Croatan. This agreement was part of the land transaction between the applicant and the
forest service which will allow the applicant to acquire the Newport Tract.

16
OCEAN TRACT
All wetlands on the Ocean Tract will be preserved as part of the Croatan National
Forest. As with the Sheep Ridge Tract, this agreement was part of the original land
transaction agreement.
MONITORING PLAN AND SUCCESS GOALS
The creation area at the Newport Tract and the restoration area of the Sheep
Ridge Tract will be monitored for five years or until the project is deemed successful.
Monitoring efforts will concentrate on hydrology and vegetation establishment at the
Newport Tract and hydrology establishment at the Sheep Ridge Tract. Annual reports
will be submitted to both the Corps and DWQ. Each report will consist of.a simple
narrative with data analysis and reports on successful and problem areas..
Photographs will be included. Monitoring will be terminated once the projectis deemed
successful. If the project is not deemed successful at the end of five years, a
contingency plan will be implemented with assistance and input of all concerned
agencies.
REFERENCE POINTS
Reference points will be established at or near both the Newport Tract and
Sheep Ridge Tract (Figures 10 and 11). These points will be used in the hydrology
monitoring program. A shallow groundwater monitoring well will be established at each
point.

17
.,,HYDROLOGY MONITORING
Shallow groundwater monitoring wells will be installed at each reference point.
The wells will measure the depth to the water table once daily. The success goal of
hydrology establishment will be the establishment of a static water table at or within
12" of the soil surface for 5%-12% of the growing season during periods of normal
precipitation. The success criterion will be either the establishment of a water table at
or within 12" of the soils surface for 12% growing season or the establishment of a
hydroperiod as least as great as that of the appropriate point.
VEGETATION MONITORING
Due to the small size of the creation area, the entire area will be sampled with
sample plots being unnecessary. A 70% survival rate, including acceptable volunteer
species, will be considered successful. This criterion will meet Corps specifications which
require a minimum of 320 trees per acre for mitigation success. Pinus taeda and
Liquidambar styraciflua will be not be considered acceptable volunteer species.
MITIGATION IMPLEMENTATION SCHEDULE
Pending permit approval and .weather permitting, the excavation of the creation area
at the Newport Tract and the ditch filling at the Sheep Ridge Tract will be complete by
October 31, 1999. The vegetation planting will be completed prior to February 28, 2000.
The well monitoring process will begin by that date. Both the Corps and DWQ will be
notified once these processes have been completed.

18
SUMMARY
M&J Investments has entered a contract with the Carteret County Board of
Education to acquire land and provide infrastructure for two schools at the Newport Tract
in Carteret County. Several sites were considered by the School Board with the Newport
Tract being determined to the most desirable. The Newport Tract was owned by the
Forest Service who could not sell the land directly to the School Board. Therefore, the
applicant proposed to barter the Ocean Tract to the Forest Service in exchange for the
Newport Tract and the right to use the Ocean Tract for wetland mitigation. To offset the
cost of land acquisition, the applicant has proposed private development on the remaining
portion of the Newport Tract. Wetland impacts have been minimized to the greatest extent
possible. However, 37.63 acres of wetlands impact are necessary to complete the site
plan.
The applicant has 'proposed to enhance 12.90 acres of on -site wetlands by
incorporating these areas into the overall site stormwater management system. A total of
0.47 acres of wetlands will be created on -site. A total of 59 acres of drained wetlands will -
be restored at the Sheep Ridge Tract with the remaining 401 acres being preserved. The
entire Ocean Tract will be preserved. The mitigation proposal calls for a total of 760.3101
acres of overall mitigation for every impacted acre: a 20.20:1 ratio.
The restoration and creation- areas will be monitored for five years. The Forest
Service will own the Sheep Ridge and Ocean Tracts. The applicants will retain ownership
of the enhancement and creation areas of the Newport Tract.
The applicant believes that the large mitigation ratios and mitigation quality will

19
offset the wetland impacts at the Newport Tract. The effort represents a "win, win, win,
win" situation for the applicant, the School Board, the Forest Service, and the school
children of Carteret County.
PLEASE REFER ANY QUESTIONS REGARDING THIS MITIGATION PROPOSAL TO
EITHER PAUL FARLEY (910)-452-0001 OR LARRY BALDWIN [phone].

20
FIGURES AND TABLES

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November 1998
Newport School?
Mitigation Plan
Carteret County, NC

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Figure 5. U.S.G.S. Topo
map of the Sheep Ridge
Tract.
LAND MANAGEMENT
GROUP, INC
December 1998
Newport School
Mitigation Plan
Carteret County, NC

26
Wetlands are shown in blue
not to scale
Figure 6. The Ocean
Tract.
LAND MANAGEMENT
GROUP, INC
November 1998
Newport School
Mitigation Plan
Carteret County, NC

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29
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4000
Figure 9. U.S.G.S. Topo
map of the Newport Tract.
LAND MANAGEMENT
GROUP, INC
December 1998
Newport School
Mitigation Plan
Carteret County, NC

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Reference Point
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31
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Figure 11. Monitoring wells
and reference point at the
Sheep Ridge Tract.
LAND MANAGEMENT
GROUP, INC
November 1998
Newport School
Mitigation Plan
Carteret County, NC

NCSR 1140
Roberts Rd
NCSR 1273
Ft.Benjamin Rd
NCSR 1211
Willis Farms Rd
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SCALE: 1 Inch = 500 Feet
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MAY - 1998
Revised NOVEMBER -1998
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Figure 10. Reference point and well location map at the Newport Tract.
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UPLANDS
CREATED WETLANDS
r'• JURISDICTIONAL 404 WETLANDS
ISOLATED WETLANDS
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CREATION AREA WELL
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30
•

NCSR 1140
Roberts Rd
NCSR 1273
Ft.Benjamin Rd
di
SCALE: 1 Inch = 500 Feet
(development plan not surveyed)
MAY - 1998
Revised NOVEMBER - 1998
NCSR 1211
Willis Farms Rd
Figure 7. Site development plan for the Newport Tract.
Proposed Roads and
Paved Impervious Areas
Proposed Buildings
Proposed Play Grounds
Proposed Stormwater Ponds
Drainage Culvert & Drainage Outlet
-- - — - —- Power LineR/W
27
UPLAND AREAS TOTAL (102.42 acres)
UPLANDS TO BE CONVERTED TO
STREAMSIDE 404 WETLANDS (0.41 acres)
404 WETLAND AREAS TO BE PRESERVED
& ENHANCED WITH STORMWATER (12.90 acres)
ISOLATED WETLANDS TO BE IMPACTED (0.47 acre)
404 WETLANDS TO BE FILLED AND
MITIGATED ON & OFF -SITE (37.16 acres)