19980590 Ver 1_More Info Received_20080911

0_'T F cog _ D S 9 D
LMG
LAND MANAGEMENT GROUP INC.
Environmental Consultants
September 9, 2008
TO: Mr. Mickey Sugg
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402
RE: Newport School Tract; Carteret County, NC
Action ID# 199801870 & DWQ # 98-0590
Dear Mickey:
3-I Rot
SEP 11 2008
MW - WATER QUALITY
MTLWS AND STORMWATER BRANCH
As you may recall, M&J Investments obtained an Individual Permit on March 9, 1999 for
wetland impacts associated with the Newport School Site, located between U. S. Highway 70,
Chatham Road, and Hibbs Road in Newport, North Carolina (Carteret County). In 2003,
authorization was obtained from the Corps that extended the expiration of the IP to December 31,
2008. It is anticipated that not all of the permitted impacts will occur prior to the expiration of the
extension. Therefore, the applicant requests an additional extension.
As we discussed over the phone, you have several concerns regarding the current status of
this project and the ownership of the property. It appeared to you during a site visit that unauthorized
impacts were occurring in wetlands. However, Larry Baldwin with LMG recently visited the site and
did not observe impacts outside of what was permitted. To rectify this issue, we request an on-site
meeting to review the project area. In addition, we have enclosed a map depicting ownership of the
site. The applicant still owns the southern and western portions of the site (shown as Fort Benjamin
Collins LLC) but has sold the northern area (the school site) and areas east of E. Chatham Street.
I look forward to hearing from you regarding the on-site meeting. Thank you for your assistance with
this project.
Sincerely, „
Kim Williams
Encl.
C: Mr. Pat Joyce, M&J Investments
Mr. Ian McMillan, NCDWQ
Mr. Chad Coburn, NCDWQ
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402

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Map Source: North Carolina Atlas $ Gazetteer. Pg 78.2003 SITE SCALE 1" = 1 Mile
Danny McQueen / Pat Joyce www.LMGroup.net Figure 1 of 3
Newport School Tract Phone: [phone] •1.866.LMG.1078 Vicinity Map
Carteret County, NC LMrG "ENT GROUP,.,, Fax: [phone] Ma
04-98-072 Environmental Consultants P.O. Box 2522, Wilmington, NC 28402 September 2008
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Map Source: Newport, Masontown, Salter Path, Mansfield Quadrangles 7.5 minute (topographic) 1990. SCALE 1" = 2000'
Danny McQueen / Pat Joyce www.LMGroup.net Figure 2 of 3
Newport School Tract LMG Phone: [phone] •1.866.LMG.1078 Topographic Ma
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Carteret County, NC LAND MANAGEMENT GROUP Fax: [phone]-072 Environmental Consultants P.O. Box 2522, Wilmington, NC 28402 September 2008
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*Boundaries are approximate and are
not meant to be absolute.
Map Source: 2006 NAPP aerial photography
Danny McQueen / Pat Joyce
Newport School Tract
Carteret County, NC
04-98-072
LMG
LAND MANAGEMENT GROUP INC.
Environmental Consultants
SEP 1 1 2008
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
www.LMGroup.net
Phone: [phone] •1.866.LMG.1078
Fax: [phone]
P.O. Box 2522, Wilmington, NC 28402
SCALE 1" = 400'
Figure 3 of 3
2006 Aerial Photograph
with Property Overlay
September 2008
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P-EFI.'f TO
A- ITENt1ON OP:
Regulatory Division
L"JGGL..i,?4J'1
II_L1 l,C f-5['U HJJ1-I'-1H I GJ ARM
DEPARTi1ffNT Oc H v , NE cs
WILI4IINGTON UISTRIBOx 1890
NviLMINGTON. NORTH CAROLINA 28402-1890
April 7, 2003
Action ID: 199801870
Messrs. Danny McQueen. and Pat Joyce
M&J Investments
Post Office Box 190
Newport, North Carolina 28570-0190
r- HUE- ULJ 11
Dear Sirs: pnsion
o1jr Please reference yo ur agent's January 22- 2003, request
fill m tenal within 37 63 acres oarc fh
sch g
ction
9, 1999,Department of the Army authorization to dich to f
Section 404 wetlands above the headwaters of Smith eSwamP t1 development withinta 53 36 acre
of an elementary and muddle school and commercialfr
tract located between US Highway 70 Bypass, SR 1247 (Ch Car ol na.y 70/Chatham Road), and
SR 1141 (Hibbs Road), in Newport, Carter-t County, No addi Specifically, you are requesting to extend th cu Pi?? °are in the f nqltional (5) years. To
of obtaining a
date, you have constructed the school facility, and Y
stormwater permit from North Carolina Division of Water Quality and a roadway improvement
approval from North Carolina Department of Transportation.
After review of the request, we have determined that
the original operationaltplans
provided no deviation or other modifications have occurred from
Your permit expiration date has been extended to D scember 1,1, 2008. Beena'?o ded thatlalclh
conditions of the migiual permit remain applicable, specifically ecial
ted as co states "no fill material will be placed within wetland a to arurav ficegtoaensure that f ether Qra cable
development until a final plan has been submitted „
avoidance and minimization has been incorporated in the design .
U-_I? z U U if. 14. L L7t:LL, ?4'?? JI I'i lit FAIVl" r"i"7at r_I lI 11
uestions or comments, please contact me at (910) 251,-4811,
if you have any q,
Wilmington Regulatory Field Office.
Sincerely,
Mickey Su;g, project Manager
Wilmington Regulatory Field Office
ropier, furnished:
Iv[r,. 'Ron cullipher
Stroud Engineering
Hestron Plaza Two
151-A, Hwy. 24
Morehead City, North Carolina 28557
Ms. Linda Lewis
Division of Water Quality, Stortnwater Department
North Carolina Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Nt% Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Mr. John Domcy
Division of Water Quality
North Carolina Department of Environment
and Natural. Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr_ Garland Pardue
US Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ronald J. Mikulak, Chief
Wetlands Section-Region IV
Water Management Division
-Us Environmental protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Ms. Kathy Matthews
Wetlands Regulatory Section.
USEPA(EAB
980 College Station Road
Athens, Georgia 30605
'; ZM 14: Z_ ZtZzZ ;147'-1 j1-1Y1-.t i=IN H'?'?II_:1 t'? I rJat r_ 11
March 9, 1999
Rem'] atory Division
Action 1D. 199801870
Messrs, Danny McQueen and Pat Joyce
M&J Investments
Post Office Box 1.90
Newport, North Carolina 28570-0190
Dear Sirs:
In accordance with your written request of July 7, 1995, and the ensuing administrative
record, cncl.osed is a Department of the Army (DA) permit to discharge fill material within 37.63
acres of Scction 404 wetlands above the headwaters of Smith Swamp Branch to facilitate the
construction of an elementary and middle school and commemial/retail development within a
153.36 acre tract located between US Highway 70 Bypass, SR 1247 (Old Ilrighway 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 plazas revised to show the change must be seat promptly to this office.
Such actioTL is necessary, as revised plans must be revietived 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 signiti.cant
general conditions require that:
a. you must complete construction before December 31, 2002.
b. You must notify this afftce in advance as to when you intend. to commence and
complete work.
c. You must allow representatives from tlvs office to make periodic visits to your
worksi.te as deemed necessary to assure compliance ?vi,th permit plans and conditions.
, II I'r'I_;t AND ? jl_U_;1F I t? r' ;gat hJr` 11

-2-
scd Notice of Authorization, ENG Form 4336, must be connspi,cuously displayed at
The encly
tirour worksite.
SiaccTely, FILENAME.mJinve68.03a
CESAW-RG-L/SUGG/gd.
CB5AW-RG-L/JAHNU
C;ESA.NV-OC/LANSSON
Terry R. youngbluth CESAW-RG/WRIGHT
Colvnel,U.S_ArMY MAIL
District Engineer CESAW-RG/FILES
Enclosures
COPY Furnished with enclosures:
Chief Source Data Unit
NOAA/National Ocean Service
ATTN: Sharon Tear N/CS261
1315 East-west HWY.,1Zm 7316
Silver Spring, N..D 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. William. L. Cox, Cb,ief.
Wetlands Protection' Section - Region N
Water Management Division
U.S. Environmental Protection AguT'cY
61 Forsyth Street
Atlanta, Georgia 34303
Nil. John Parker
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
Post Office Box 27687
Raleigh., North. Carolina 27611-7687
Mr. Larry HardY
National Marme Fisheries Service
Piver9 Island
Beaufort, Nortb. Carolina 28316
33CF:
CES ANV-RG-L/JA1-INI
CESAW-RG-L/SUGG
CESANV-RGM.AMEL
"f2Li I_I:7! 14:ZJ L?LLL?;'4?J .IUYI-;. AND ltj FAIZIE VI'?f11
NOTE - SPECIAL CONDITIONS TO GO ON PAGE 3 OF ENG FORM 1721 ARE:
Special Conditions
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 Nvstlands 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 Nvill 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 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 riot be used.
h. The activity will be conducted in such a manner as to prevent any significant increase ill.
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.
i. This Department of the Army permit does not obviate the need to obtain other. Federal,
State or local authorizations required by law-
j. All fill material used in the construction of the schools and commercial/retail
development will come from an upland borrow area.
k. 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 stri.ppings placed in the 4.41 acre
creation site,
1. The applicant will provide a construction schedule to our office prior to conducting
any work.
m. AU proposed activities in the 50.26 acre school site may occur immediately upon the
issuance of this permit, If, at any time. the constmution plans are modified, the updated plans
P,7i 211LT6 14: L L'-1 LL1 477 , IU'r`UL AND A'J'J Il lA I L'_? r'A?a? 1VII 11
must be submitted to our office to determine further minimization measures.
n. 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.
o. All compensatory mitigation will be implemented in accordance with the December 7.
1994 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/Piezemeters 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 Cowaty 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, tivetland 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 constructive 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 Array 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 titles and the agency of the Department
of the Arm.y 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
' i AND f ' Iat 1.1111
_;?/ ?hNl.? 14: z? ?ti2Z2 _? ,, 4JJ , II_I'`_:E r;'?'?I
Nlanagement for timber production is prohibited. Written
managed Eor,uildlife in perpetl,ity.
ent must be
consent from the U.S. Forest Service ensuring wildlife managem forwarded to Our
off cc prior to construction of the schools and conunercialr'retail development.
4) The onsite mitigation areas must be protected from be da a
from results of will
be responsible to implement ar7y rernediation measures that may required vandalism activities.