19960587 Ver 1_COMPLETE FILE_19930313

DIVISION' OF WATER QUALITY
WATER QUALITY SECTION
401 COMPLIANCE MONITORING
FORM
DWQ Investigator: DWQ T `G G'? 7
t C
Date Time: Regional Office: ?'% CSC County: ?" r ft i'z . f.
Project Name: ????loyG toOl t-ot7
Permittee: iI
Location of Project: ?wtG tU6?'
Type of Development Authorized: Gam'/'?? ?yC i?h /
Type of Permit / Water Quality Certification:
Type of Impact: lee 1,6 V. Z C( l`
Wetland Type and DWQ Rating:
Nearest Stream: acv 1 b<e4- Basin/Sub.:
Distance of Wetland Impact fromll Nearest Surface Water:
Specific 401 Conditions: (Gr`Wt `°'-dteV
Is project in compliance with all conditions:' / N
_ X4
Comments / Description: i 4D?x i 42 4 r i f r ?? c7 ]
Is there a violation of the 401 Certification authorization ? 4-0
If so complete the enforcement section on the back of this form and forward copy to
the Central / Regional Office.
r?
,/
Signature: / Date: l -,' Y
DWQ 12196
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Govemor
Jonathan B. Ho wes, Secreta ry
A. Preston Howard, Jr., P.E., Dire cto
APPROVAL of 401 Water Quality Certification
Mr. Wallace Conner
112 Teak Court
Pineknoll Shores, NC 28512
Dear Mr. Conner.
A14?EHNR
July 8, 1996
Carteret County
DWQ Project # 960587
Y"ou have our approval to place fill material in 1.07 acres of wetlands or waters for the purpose of
constricting the Newport Food Lion facility at SR 1124 and NC 70, as you described in your application
dated 13 June 1996. After reviewing your application, we have decided that this fill is covered by General
Water Quality Certification Number 2671. This certification allows you to use Nationwide Permit Number
26 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. For this
approval to be valid, you must follow the conditions listed in the attached certification. In addition, you
should get any other federal, state or local permits before you go ahead with your project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
ston Howar Jr. P.E.
Attachment _
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
Central Files
Kevin Martin; Soil and Environmental Consultants
960587.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Aff irmative Action Employer • 50% recycled/10% post consumer paper
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REPLY TO
ATTENTION OF
Regulatory Branch
Action 1D No. 199603728
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
September 16, 1996
Mr. Wallace J. Conner
112 Teak Court
Pine Knoll Shores, North Carolina 28512
Dear Mr. Conner:

((-% u,
?xn ?
?
X02 / ?G
N
Please reference your application received on June 19, 1996, for
Department of the Army (DA) authorization to discharge fill material in
1.07 aces of Section 404 wetlands for the construction of a commercial
shopping center on your property at the northwest corner of SR 1124 and US
Highway 70, above the headwaters of an unnamed tributary of the Newport River,
Newport. Carteret County, North Carolina. In addition, please reference the
September 4, 1996, correspondence from US Fish and wildlife, regarding the
presence of the endangered Red Cockaded Woodpecker.
For the purposes of the Corps of Engineers' Regulatory Program, Title
33, Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization was
provided, pursuant to Section 404 of the Clean Water Act, for discharges of
dredged or fill material into headwaters and isolated waters.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions. This
nationwide permit authorization does not relieve you of the responsibility to
obtain any other State, or local authorizations.
You should contact the following State agency to obtain the required
State authorization prior to starting work: Mr. John Dorney, North Carolina
Division of Water Quality, at telephone [phone], and Mr. Steve Benton,
North Carolina Division of Coastal Management, at telephone [phone].
This verification will be valid until the nationwide permit is modified,
reissued or revoked, which will occur prior to January 21, 1997. It is
incumbent upon you to remain informed of changes to the nationwide permits,
which will be announced by public notice when they occur. If you commence, or
are under contract to commence, this activity before the date the nationwide
permit is modified or revoked, you will have twelve months from the date of
the modification or revocation to complete the activity under the present
terms and conditions of this nationwide permit.
-2-
Thank you for your time and cooperation in this matter. If you have any
questions or comments, please contact me at telephone [phone].
Sincerely,
Mickey Sugg
Regulatory Specialist
Enclosure
Copies Furnished (without enclosure):
Mr. John Dorney
Division of Water Quality
North Carolina Department of
r' Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. aim Gregson
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Mr. Kevin Martin
Soil and Environmental Consultants, Inc.
244 W. Millbrook Road
Raleigh, North Carolina 27609

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Govemor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
October 4, 1996
Mr. Wallace J.\Conner
112 Teak Court
Pine Knoll Shores; NC 28512 /
Re: Proposed Shopping Center US 70 Newport, NC
Dear Mr. Conner:
LTI.B?FA
[D F= F1
The Division of Water` uality (DWOYhas been notified by the U.S. Army Corps
of Engineers (USACOE) that y have proposed to fill 1.07 acres of Section 404 wetlands
for the construction of a shopping enter at SR 1124 and US 70 in Carteret County. This
letter is to inform you that State auth rization in the form of a 401 Water Quality
Certification is also required for active 'es which require Federal 404 authorization. A
review of our files indicates that you ha /not made application for State authorization.
Enclosed is a blank application. D Q requires seven copies of the application,
location maps, and plats along with a nairativ of the work that has been done and the
impacts that have occurred. The extra copies w be forwarded to other State agencies for
their review and comment back to DWQ.
If have any questions about this matter please ntact myself or John Dorney at
[phone] or Jim Gregson at our Wilmington Re nal Office [phone].
cc: Mickey Sugg, USACOE
John Dorney, DWQ Raleigh
Jim Gregson, DWQ Wilmington
Sincerer,
Peter B. Colwell
Environmental Specialise
Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
Project NT County
Name nf evaluator
Wetlan-d Location
on pond or lake
on perennial stream
on intermittent stream -v-l
w /within interstr am divid
A\ Yx'
other
Soil series
predominantly organic - hum---s, muck,
or peat
predominantly mineral - non-sandy
v predominantly sandy
Hydraulic factors
steep topography
]itched or channelized
_otal wetland width >_ 100 fee:
Nearest Road ??
:adjacent land use
(within 1/2 mile upstream, upS'ope, or radius)
'foreste,&natural vegetatic_, 51, %
/agriculture, urban/suburban %
impervious surface =
Dominant vegetation
O
(3) t
Flooding and wetness
semipermanendy to pem_nently
flooded or inundated
seasonally flooded or inu-]ated
Mtermittanly flooded or mporary
surface water
no evidence of flooding surface water
Wetland type (select one)*
Bottomland hardwood sorest _ Pine savanna
:/Headwater forest _ Freshwater marsh WP-?
Swamp forest - Bog/fen?
Q}T Wet flat - Ephemeral Nvetland?''
v?l Pocosin _ Carolina Bav
Bog forest Other
l - the ra:ina system cannot be applie _to salt or brackish marshes or stream chance s
«eieht
R Water storaze
A Bank/Shoreline stabilizatie-.
T Pollutant remov:-
I N 'iidlife habitat
N Aquatic life valu:.
G Recreation./Educatic-
a 4.00 -
4.00 -
x 5.00
Wetland
Rating
o?
*Add 1 point if in sensitive waters ed and >10% nonpoint disturbance within li- :Mile upstream,
u slo e. or radius
------------------ ---------------------
? ?_ l.' ?}J ? V t Val ? r?:AH
C
Soil & Environmental Consultants, Inc.
244 West Millbrook Road ¦ Raleigh, North Carolina 27609 ¦ [phone] ¦ Fax [phone]
June 13, 1996
NC DEH & NR - DEM
Water Quality Planning
Attn: Mr. John Dorney
4401 Reedy Creek Road
Raleigh, NC 27626
Dear Mr. Dorney and Mr. Sugg:
US Army Corps of Engineers
Wilmington Field Office
Attn: Mr. Mickey Sugg
P.O. Box 1890
Wilmington, NC 28402
RECEIVED
JUM 1 819%
ENVIRONMENTAL SCIENCES
.
The purpose of this letter is to request a Nationwide Permit 26 and a 401 Water Quality
Certification for the project to be known as the Newport Foodlion near Newport, NC. The project
is located north of Nine Foot Road (SR 1124) and west of HWY 70 in Carteret County, as shown
on the enclosed plans and vicinity maps.
Fill in waters of the U.S. will be required to develop the site for a commercial development,
including parking and a stormwater quality pond. It will be necessary to fill 1.07 acres of
jurisdictional waters of the U.S. above headwaters for placement of the proposed facilities. Due to
the marginal quality of these areas, the proposed impacts do not seem significant. From a water
quality standpoint, the client is proposing to construct a ± 1/2 acre stormwater quality pond. The
drainageway that is being impacted is already piped and filled at least 250' upstream beneath
HWY 70 and at least 300' downstream under SR 1124 and adjacent field and residential
development (see attached photo). Wetlands are most like a high pocosin/sandhill seep with an
old ditch running through it.
To expedite the permitting process and to ease the process for everyone involved, the following
individuals/ agencies have been provided with a complete copy of this entire application package:
U.S. Fish and Wildlife Service, N.C. Department of Cultural Resources and National Marine
Fisherv Service.
Please call if you have questions or require further information. If you intend to perform a site
visit, please call and we can arrange for someone to accompany you.
Sincerely,
Kevin C. Martin
President
4"'? /-rr*&
cc: USFWS
National Marine Fishery Service
NC Department of Cultural Resources
KCM/ mag
Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits
On-Site Waste Treatment Systems, Evaluation and Design
kink,
i -7.

l1, T x
TO SIB COMPLETED BY CURU t' PR 0I9* TY OWNER
- NO EXCE bNS
?Nam., t !Ilsee J. Conner
?
Addro".
?QUrt _
.!pe U11 A0 an
/phatva. 919-72611040
i
Project Name/VesedpUm
_min
Date.
JJmqh
ne nepaxtment of the Army
Us, Army co" of & rs
W11ux4l6ton 1trlct
ij
PO Vox 1890
Wtlmb"v%, NC 28402
Atm, y w
-'Field Office: n ,, ?
Re: WouaAde Related Consulting and Pam
To Whom It May Conaeav
L the currant VtW owner, hereby designate *Ad Auuw?.e and shoomantul
COnSUIta,nts, fne. to act in aay tl$W ae my agent fn the p $o of pemtt
appticatIom to Nmisb v?pon "quest suppleme"tuIwor 4um ip support of
appUmtions, etc. from tlt{e dAy forward. Th4 the --U- day of ? ,.. p?t....._.._, ..
This nodhottion suiperaedes tiny previoue comspondeto ?oc?nv?r?isrtg tote agent for thta
project
krglma Owners Nate:
cc: Mr. John U"
N.C. Uepwiment of DR & NR
Mviskm of Hnv. Mgt,
Water (uallty P"
4401 Reedy Creek Road
Pjd aigk NC 2777
ttr N eturn;

Mi. KONIXIC. Maxon
8911 euid SnviteorunimtA1 c allovReAta, Inc.

DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
JOINT FORM FOR
Nationwide Permits that Require Notification to the Corps of Engineers -
Nationwide Permits that Require Application for Section 401 Certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone: [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone: [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SM'FN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL
MANAGEMENT. 71 EASE TYPE OR PRINT.
1. Owners Name: Wallace J.
2. Owners Address: 112 Teak Court, Pineknoll Shores, NC 28512
3. Owners Phone Number (Home):
(Work): _(919) 726-1040
4. If Applicable: Agent's name or responsible corporate official, address and phone number:
Soil & Environmental Consultants, Inc. Phone:
244 W. Millbrook Road
Raleigh, NC 27609
5. Location of Work (MUST ATTACH MAP):
County: Carteret
Nearest Town or City:
Specific Location (Include road numbers, landmarks, etc.): -Northwest quadrant of Hwy 70
-and SR 1124 (Nine Foot Rd.) (see attached vicinity maps) site is on Masontown
_USGS Quad
6. Name of Closest Stream/River: -Newport River
7. River Basin: Tributary to Bogue Sound/ Book Sound
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WSI, or WS 11?
YES ( ) NO (X)
9. Have any Section 404 permits been previously requested for use on this property?
YES ( ) NO ( X ) If yes, explain.
10. Estimated total acres of waters of the U.S.; including wetlands located on project site:
[phone]_
1.07
11. Acres of waters of the U.S.; including wetlands impacted by the proposed project:
Filled: 1.07
Drained:
Flooded:
Excavated:
Total Impacted: _
12. Description of proposed work (attach PLANS-8 1/2" X 11" drawings only):
Construction of a commercial shopping center
13. Purpose of proposed work: -Allow construction of buildings, parking and stormwater_
quality pond
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note
measures taken to minimize wetland impacts. -See attached S&EC letter
15. You re required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine
Fisheries Service (NMFS) regarding the presence of 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 ( X) NO ( ) NA ( )
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 (X ) NO ( ) NA ( )
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO THE CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams and lakes on the property.
B. If available, include representative photograph of wetlands to be impacted by project.
C. If a delineation was performed by a consultant, include all data sheets relevant to the
placement of delineation lines.
D. If a stormwater management plan is required for this project, include copy.
E. What is the land use of surrounding property? Residential, commercial, undeveloped
F. If applicable, what is the proposed method of sewage disposal? Municipal
Agent's Signature Date
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DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: f1"-? k4i 0? S- k ':V?<?Jk l,t-n YA Date
Applicant/Owner. % w et \?a Ce -)7, (_-?J-r u County: Le
Investigator-______V-(--,-\v\, State:-
Do Normal Circumstances exist on the site. Ye No Community ID:
Is the site significantly disturbed
(Atypical Situation)? Yes o ransect ID:
Is the area a potential Problem Area? Yes o Plot 1D:
(If needed, explain on reverse.)
VEGETATION
6.
7.
8.
Stratum
rem
sl?fvb
Indicator Dominant Plant Species
c or V" 9.
10.
c w ??'/c 11.
_ S? L12.
- " /,o 13.
14.
15.
16.
)A
Stratum Indicator
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-). ?
I c,? n?
Remarks:
?I
HYDROLOGY
G(- \ W( ?4 1Vk e
Recorded Data (Describe in Remarks)
Stream, Lake, or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field Observations:
0 _
Depth 0 Surface Water. (in.)
it
Depth to Free Water in Pit ?. (in.)
Depth to Saturated Soil C-) (in.)
Delineation Performed by: Soil and Environmental Consultants, Inc.
244 W. Millbrook Road
Raleigh, NC 27609
Ph 919/846-5900
Wetland Hydrology Indicators:
Primary Indicators:
Inundated
Saturated in Upper 12 inches
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Oxidized Root Channels in
upper 12 inches
Water-Stained Leaves
Local Soil Survey Data
FAC-Neutral Test
./ail a- Other (Explain in Remarks)
Remarks: (A
l ?A C a? pq 4 G `?

SOILS Q
D,4 Plzah4LUI&
(Series and Phase):- v \ ,? Al, ?) t Drainage Class: v
Field Observations
Taxonomy(Subgroup): u ?y C Confirm
Uspreg
Type? Yes o
Yrohle Lies ton:
Depth Matrix Color Mottle Colors Mottle
Uns-) Horizon Munsell Moist
v "_ 0

(M ell Moist) Abundance/Contrast
Texture, Concretions,
Structure etc.
Av 7",k
Hydric Soil Indicators:
Histosol Concretions
Histic Epipedon __X -High Organic Content in Surface Layer in Sandy Soil
Sulfidic Odor Organic Streaking in Sandy Soils
Aquic Moisture Regime =Listed on Local Hydric Soils List
Reducing Conditions ' Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Kemarks:
ti-
Wetland Determination
Hydrophytic Vegetation Present? kjsq) No (Circle) Is this Sampling Point Within a Wetland?
Wetland Hydrology Present? Ye-*' N ?cle)
Hydric Soils Present? es. No o? AL_
Remarks:
? , ; S Q ? Aj-e_? ? 0 r--- j
Delineation Performed by: Soil and Environmental Consultants, Inc.
244 W. Millbrook Road n\C9
Raleigh, NC 27609 v
Ph 919/846-5900
J
DATA FORM
ROUTINE WETLAND DETMMMgATION
Project/Site: (1987 COE Wetlands delineation Manual)
__Z?? Date:
Applicant/ Owner. v- .) u t c C C? r e County: L ? ?e r
Investigator La, :r ? /vk-c, f`} ? r State:
Do Normal Circumstances exist on the site? Ye No Community ID:
Is the site significantly disturbed
(Atypical Situation)? Yes o ransect ID:
Is the area a potential Problem Area? Y o ,Plot ID:
(If needed, explain on reverse.)
VEGETATION
Dominant Plant S ecies Stratum
1 10- 1,, t \ y
2.
3. Oct S G C,
4.
5.
6.
7.
8.
Indicator Dominant Plant Species
?z ,k 9.
1??010.
12.
13.
14.
15.
16.

Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-).
jam,
Remarks:

HYDROLOGY
Recorded Data (Describe in Remarks):
Stream, Lake, or Tide Gauge
Aerial Photographs
Other
No Recorded Data Available
Field Observations:
Depth ?Q Surface Water: (in.)
Depth to Free Water in Pit _7 2?2-k (in.)
i?
Depth to Saturated Soil:- (in.)
Stratum Indicator
Wetland Hydrology Indicators:
Primary Indicators:
Inundated
Saturated in Upper 12 inches
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Oxidized Root Channels in
upper 12 inches
Water-Stained Leaves
Local Soil Survey Data
FAC-Neutral Test
` Other (Explain in Remarks)
Remarks:
?-(,
??
Ci
U-)
e5? c? t? ?? ?4 a
te/
? o

<< gar
r?
s-3
<-I -
G vcc ti ?f,,- F
Q
p< i

SG C
SOILS
(Series and Phase): \KF/??? Drainage Class:
J\
Field Observations
Taxonomy(Subgroup): ?Jy 01 ttConfirm Moppe-4 Type? Ye No
Profile Description
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
(ins.) Horizon Munsell Moist (Mansell Moist) Abundance /Contrast Structure Le .
eS:?_
So j ?,
-T
Hydric Soil Indicators:
Histosol
Histic Epipedon
Sulfidic Odor
Aquic Moisture Regime
Reducing Conditions
Gleyed or Low-Chroma Colors
Remarks:
Concretions
High Organic Content in Surface Layer m Sandy Soil
Organic Streaking in Sandy Soils
Listed on Local Hydric Soils List
Listed on National Hydric Soils List
Other (Explain in Remarks)
Wetland Determination
Hydrophytic Vegetation Present? Yes &(Circle) Is this Sampling Point Within a Wetland?
Wetland Hydrology Present? Yes G-0; (Circl
Hydric Soils Present? Yes No Yes Co j
Kemarks:

f-' Nark