19920367 Ver 1_COMPLETE FILE_19920903

tJl t QED
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor September 10, 1992 A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary Acting Director
Windsor Square Associates
c/o swain and Associates
Attn: Mr. John Herald
Po Office Box 528
Wrightsville Beach, North Carolina 28480
Dear Mr. Herald.:
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Shopping Center Development
Bertie County
DBM Project # 92367
upon.?eview of your request for Water Quality Certification
to`place 'fill mai;Orial in 0.89 acres of wetlands for shopping
center and stormwater pond located at Hwy. 13 and King Street in
Bertie Cou we.have determined that the proposed fill can be
„rat Water Quality Certification No. 2671 issued
covered
Py-
January: ;' 19 copy of the General Certification is
attached. Th' Certification may be used in qualifying for
coverage unde Corpspof Engineers' Nationwide Permit No. 26.
Ifyouu 've any questions, please contact John Dorney at
919/733'=178_ or 919/733- 787.
Sincerely,
A
x Preston Howard, Jr. P.E.
APH: JD.
Attachment'
cc:.-,,Wilmington District Cords ofa' Engineers
Corps of Engineers Wasix-3, ngton Regional Office
WasYdngton DEM Regional Office
Mr. John Dorney
Central Files
Gordon McAdams, James E. Stewart and Associates
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007

Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affumative Action Employer
4-1r.-V
F
DEM ID: _ 9 ? ? ACTION ID: _
NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT #):
26
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING ?n
CORPS OF ENGINEERS DIVISION OF ENVIRONMEN U
M?tA
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIR T, HEALTH,;
P.O. BOX 1890 AND NATURAL RESOUR
WILMINGTON, NC 28402-1890 P.O. BOX 29535 - ?''
ATTN: CESAW-CO-E RALEIGH, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY WET?An_
Telephone (919) 733-I TER OA?'_.
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
Windsor Square Associates
1. OWNERS NAME: c4a Swain and Associates
2. OWNERS ADDRESS: P: 0: Box 528
Wrightsville Beach, NC 28480
Contact Person: r. o n ea
3. OWNERS PHONE NUMBER (HOME): [phone] (WORK): [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE 'NUMBER:
5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: Bertie
NEAREST TOWN.OR CITY: Windsor
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Intersection of U.S. Highway 13 and King Street
6. NAME OF CLOSEST STREAM/RIVER: Cashie River
7. RIVER BASIN: Roanoke
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ j NO [X)
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ j NO IX)
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: 0.89
3/30/92

-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLED: 0.53
DRAINED:
FLOODED:
EXCAVATED: 0.36
TOTAL IMPACTED: 0.89
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS):
New shopping center
13. PURPOSE OF PROPOSED WORK: Grading and stormwater retention for
shopping center
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. Stormwater control requirements of State require retention
pond for this project. Silt fences will be installed and other
erosion control measures maintained to prevent sedimentation into
adjacent areas.
* 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [ ] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [ NO [ )'
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING
F. IF APPLICABLE, WHAT IS PROF
Connection to Town of Winds
? V-Qmmev'cfa1 and re
\4
OF WA ?E?DISPOSAL?
4.
OWNEA+IS S_MNATURE H."David SwainDATE
*Dr. Jay Carter has investigated site and
determined that no critical wildlife habitat
or endangered species are located on this site.
To: John Dorney
Planning Branch
DIVISION OF ENVIRONMENTAL MANAGEMENT
CAMA MAJOR PERMIT APPLICATION REVIEW
WaRO PROJECT # 5a - aG '?
REVIEWER: SAWYER
WQ SUPERVISOR:
DATE.
WETLAND INFORMATION FOR CENTRAL OFFICE TRACKING
9 IC??
WATER QUALITY SEA? ?
THORPE n
PERMIT YR: 92 PERMIT NO.: q, 36 7 COUNTY:
PROJECT NAME:
PROJECT TYPE: ?d-&.AG•e??r .PERMIT TYPE:CAMA?
COE DOT#:
RCD FROM CDA: DCM DATE FROM CDA:
REG OFFICE: WaRO RIVER AND UB BASIN#: jR0R /v
*STREAM OR ADJACENT WATER BODY :
CLASS: STREAM INDEX #:
*OPEN OR CLOSED:
WL IMPACT: V WL TYPE: ? P ? 4-
WL REQUESTED: 0.,q 9 WL ACR EST:
HYDRO CNECT?: WL SCORE: IS
MITIGATION: - MITIGATION TYPE: ---•
MITIGATION SIZE: --- RATING SHEET ATTACHED?:
RECOMMENDATION: ISSIIE ISSIIE/COND DENY
STORMWATER PLAN REQ"D: Y
IF YES, DATE APPROVED : ! Ca.
PROJEQT DFSCRIPTIO G' ? °?
WATER QUALITY CERT. (401)
CERT. REQ'D:
IF YES, TYPE: #.a6
SEWAGE DISPOSAL
TYPE OF DISPOSAL PROPOSED: l?2.•?., • IJliJ?"!Q
XIS , P OPOSED, SEPTIC TANK ETC.)
TO BE FERMI ED BY:
DE DHS, C UNTY)
IF BY DEM, IS SITE AVAILABLE AND PERMIT ISSUANCE PROBABLE:
WATERJWETLAND FILL
AREA OF FILL: WATER: WETLAND:
IS FILL ELIMINATING A SIGNIFICANT USE?
DREDGING
IS DREDGING ACTIVITY EXPECTED TO CAUSE A SIGNIFICANT LOSS
OF RESOURCE?
IS SPOIL DISPOSAL ADEQUATELY ADDRESSED?
MARINA
ARE THE FOLLOWING ADEQUATELY ADDRESSED? /??//
SEWAGE DISPOSAL: MARINA SERVICES: y?
OXYGENINBASIN: CLOSURE OF SHELLFISHING WATERS:

Page Two

cc: Central Files
Washington Regional
DCM-John Parker
Elizabeth City
,Morehead City
Washington
COE:Washington Field

Office Files
Office
Pro3'ect F40. 0-, description
?•
Location
county Nearest roa"J "Z t.UWfi
River basin
Nearest stream ' and classification
Evaluator
Agency and address u 7
/9 U
Date and time evaluated g !Z
Major Wetland Type
-Leanc? . ? 1;? L o acres
Approximate size of wetland system acres
Approximate extent of wetlands in area
within / miles
s' rder) :
Th ee most c mmon lant specie o
Soil Series (if known)
Hydrologic indicators
Direct surface h
ginection?
Existing Conditions
Drainage ?-e M
Disturbance
Restoration potent a
Restoration value
Is site known to provide habitat for rare, endangered or
threatened species? 14 If so, list species observed or recorded.
Score (circle one)
Item No.
I. Location/Landscape 5
1 Natural area buffer 5 4 3 2 1
2 Sensitive watershed 5 4 3 2 1 0
3 Dispersal corridor system
II. Ecological Values
4 Special ecological attributes
5
4
© 2
1
0
5 Wildlife habitat 5
5 4
4 3 2 0
6 Aquatic life
5
4 2
© 1
1 0
7 Water storage 5 4 3 2 0
8 Streambank stabilization 5 4 © 2 1 0
9 Removal of pollutants
III. Human Values
10 Outdoor recreation/education
5
4
3 1
1 0
0
11 Economic value 4 3
Total score z
Site description and notes:
13

=?a
® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John R. Dorney, Department of Environment, Health, and
Natural Resources, Division of Environmental Management
FROM: Dennis Stewart, Manager
Habitat Conservation Pr ram
DATE: July 31, 1992
SUBJECT: Section 401 Water Quality Certification review, Windsor
Square Associates/Swain and Associates, Windsor, Bertie
County
Biologists on our staff have reviewed this Section 401 Water
Quality Certification request. Our comments are provided in
accordance with provisions of Sections 401 and 404 of the Clean
Water Act (33 U.S.C. 466 et seq.). The applicant has applied for
a Nationwide Permit under Section 404 and proposes to fill
approximately 0.89 acres of wetlands in order to build a shopping
center.
Wetlands provide functions which benefit the public as well
as fish and wildlife. Wetlands retain and purify stormwater
runoff and provide valuable habitat for numerous species of fish
and wildlife. Wetlands such as these play a major role in the
overall biological productivity of adjacent waters.
The proposed work is inconsistent with EPA's Section
404(b)(1) guidelines in that the project does not constitute a
water dependent activity. Destruction of this wetlands area is
also inconsistent with our Policies and Guidelines for
Conservation of Wetlands and Aquatic Habitats officially adopted
by the North Carolina Wildlife Resources Commission and we
recommend denial of the 401 water quality certification.
DLS/gw
-?
???
DEM ID:? ACTION ID:
NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT #): 26
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING ((???? M
CORPS OF ENGINEERS DIVISION OF ENVIRONMEN M&AC3E `J
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIR T, HEALTH,;
P.O. BOX 1890 AND NATURAL RESOUR
WILMINGTON, NC 28402-1890 P.O. BOX 29535
ATTN: CESAW-CO-E RALEIGH, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY WETLAND`
Telephone [phone]i TER UAL
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
Windsor Square Associates
1. OWNERS NAME: rjo Swain and Associates
2. OWNERS ADDRESS: P. 0. Box 528
Wrightsville Beach, NC 28480
Contact Person: r. John ea
3. OWNERS PHONE NUMBER (HOME) : [phone] (WORK): [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: Bertie
NEAREST TOWN OR CITY: Windsor
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Intersection of U.S. Highway 13 and King Street
6. NAME OF CLOSEST STREAM/RIVER: Cashie River
7. RIVER BASIN:' Roanoke
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO [X]
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES ( j NO (X]
IF YES, EXPLAIN.
10. ESTIMATEDTOTAL NUMBER OF ACRES OF WATERS OF THE--U.S..,, INGLUD'ING
WETLANDS, LOCATED ON PROJECT SITE: 0.89
3/30/92

_ g/3

State of North Carolina
Department of Environment, Health and Natural Resources
Northeastern Region
1424 Carolina Avenue, Washington, North Carolina 27889
James G. Martin, Governor
William W. Cobey, Jr., Secretary
LETTER OF APPROVAL
WITH MODIFICATIONS
ENEp
ac 0 3
JESA
Lorraine G. Shinn
Regional Manager
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
August 2, 1990
Windsor Associates Developers
Attention: Mr. Jack H..Glazier, General Partner'
P.O. Box 40408
Fayctteville, North Carolina 28309
RE: Windsor Pointe Shopping Center
Windsor - Bertie County
Date Received: July 12, 1990
Responsible Party: Windsor Associates Developers
Gentlemen:
This office has reviewed the erosion and sedimentation
control plan submitted for the project as referenced above. We
find the plan to be acceptable and hereby issue this letter of
approval with modifications as stated on attached-page.
Please be advised of the following minimal mandatory
standards of N.C.G.S. 113A-50 through 71, and N.C.A.C. Title'15,
Chapter 4: a) 15 N.C.A.C. 4B.0017(a) requires that a copy of the
approved soil erosion control plan be on file at the job site; b)
N.C.G.S. 113A-57(2) requires that slopes left exposed will,
within 30 working days of completion of any phase of grading, be
planted or otherwise provided with ground cover, devices or
structures sufficient to restrain erosion; c) N.C.G.S. 113A-57(3)
and 15 N.C.A.C. 4B.0007(b) require that a permanent ground cover,
sufficient to restrain erosion, be provided within 30 working or
120 calendar days, whichever period is shorter, after completion
of construction or development; and that inspections over the
life of the project will be made to ensure compliance with the
approved plan. -
P.O. Box 1507, Washington, North Carolina 27889-1507 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
Windsor Associates Developers
August 2, 1990
Page 2
The state's sedimentation pollution control program is a
performance oriented program requiring protection of the natural
resources and adjoining properties. If, following commencement
of this project, it is determined that the plan is inadequate to
meet the requirements of G.S. 113A 51-66, this office may require
revisions in the plan and its implementation so as to comply with
the state law.
In recognizing the desirability of early coordination of
sedimentation control, we believe that it would be beneficial if
a pre-construction conference can be arranged to discuss the
approved erosion and sedimentation control plan for this project.
It would be appreciated if you would contact this office and let
either Harry Bailey or me know the date of construction start-up
and date of the pre-construction conference.
The land-disturbing activity described in this plan is also
subject to the Environmental Management Commission's review
regarding regulations to implement stormwater controls in coastal
counties (15 NCAC 2H Section .1000). You will be contacted by a
member of the Division of Environmental Management's Water
Quality staff if additional information regarding stormwater
controls is required.
Sincerel
Patrick H. McClain, P.E.
Assistant Regional Engineer
PHMcC:mr
Attachment
cc: Gordon R. McAdams, P.E., James E. Stewart & Associates
MODIFICATIONS FOR APPROVAL
EROSION AND SEDIMENTATION CONTROL PLAN
WINDSOR POINTE SHOPPING CENTER
WINDSOR
BERTIE COUNTY
1. The gravel construction entrance pad(s) must be shown on a
revised erosion control drawing..
2. All cut or filled slopes are'to be no steeper than 2
horizontal to 1 vertical.
3. The emergency spillway of the stormwater detention basin
would be more acceptable if it could be constructed in
natural ground, but it does not seem possible due to most of
the site being filled. However, this office will require
that the riprap-lined spillway be underlaid with an
impervious material (e.g., geotextile) in lieu of the
excelsior mat.
4
a
„a STA7( 1 . ?1 V ? ? 0
T651 v
AV'
JUL
State of North Carolina p%,O
???titiia?
Department of Environment, Health and Natural Resources
Northeastern Region
1424 Carolina Avenue, Washington, North Carolina 27889
James G. Martin, Governor
William W. Cobey, Jr., Secretary
DIVISION OF ENVIRONMENTAL MANAGEMENT
^,. .7a e ,- G /a z.
lel? tr A cj-
_ o sset D '
e ve/Tees
?o
SUBJECT: Determination of Compliance with Stormwater
Project_ I'Q
RC >--Ai P County
Dear /,(Y, 6"( ? PY
Lorraine G. Shinn
Regional Manager
at,ions
The Washington Regional Office received your Sedimentation and Erosion
Control Plan (or. Stormwater Management Plan) submittal for the subject
project on Jam/ p 9 9o Based upon our review of the
project, the dot ent c mplies with the Stormwater Regulations set forth
in Title 15 NCAC 2H .1000.
In ©rder:,o, assure that the proposed stormwater control facilities are
.cgnstructed properly, this Division will require an engineer's
certification upon, completion of the project. The attached
grtification should be submitted within 60 days after completion of the
facilities:
If you have any questions concerning this matter, please contact Bill
Moore at [phone].
Sincerely,
Roger" K,fThorp E.
Water Quality Regional Supervisor
cc: Bill Mills
Tu!Mes E. slle"r,44? 145-5-0C
P.O. Box 1507, Washington, North Carolina 27889-1507 Telephone [phone]
A Fy!,al np1xmunity Affirmative Action E=mployer