19950120 Ver 1_Complete File_19970815

MEMO
DATE:
TO
f

l'
/-A
i
From: i (?. ?,?.1f • u E^- f:
North Carolina Department of Environment
Health and Natural Resources ?y
,
Printed on Recycled Paper
•?;v Wnm .m?F.?
SUBJECT:
V il
,
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard. Jr.. P.E.. Director
Mr. Robert Sasser
P.O. Box 831
Raleigh, N.C. 27602
AT
E5 EHNR
August 15, 1997
Onslow County
DWQ# 95120
Subject: Compliance Evaluation Inspection
Robert Sasser Tract
Dear Mr. Sasser:
On January 30, 1996 you were issued General Water Quality
Certification No. 2671 authorizing you to place 1.5 acres of fill
material in wetlands for the purpose of constructing a shopping center
and outparcels at N.C. 24 and SR 1444. Specific conditions of this
Certification included the following: 1)avoiding placement of fill in
wetlands on outparcel "A", 2)excavating, and backfilling in the
eastern corner of parcel "A" to surrounding wetland contours,
3)installing an energy dissipation device at the inflow to the
remaining wetlands, and 4)planting annual grass or other herbaceous
species to stabilize the site.
On August 12, 1997 as part of an ongoing compliance and
enforcement effort by the Division of Water Quality Mr. John Dorney
and Mr. Eric Fleek from the Central Office conducted a.compliance
evaluation inspection of the subject site. The results of the
inspection showed that you are in compliance with the conditions of
your 401 Water Quality Certification.
Compliance with the conditions of your 401 Water Quality
Certification is very much appreciated. If you have any questions
regarding this matter please feel free to call Mr. John Dorney or Mr.
Eric Fleek at [phone].
Sincerely,
? P, l -
Water Fleek
Water Quality Certification Program
cc: Wilmington Regional Office
USACOE Wilmington Office
John Dorney, DWQ Central Office
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX Irl 73 33-9959
An Equal Opportunity Affirmative Action Employer - 509'6 recycled/10% post consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources 4 • e
Division of Environmental Management
James B. Hunt, Jr., Governor
p E H N F 1
Jonathan B. Howes, , Secretary
A. Preston Howard, Jr., P.E., Director
January 30, 1996
Onslow County
DEM Project # 95120
COE Project #199501563
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Robert Sasser
P.O. Box 831
Raleigh, N.C. 27602
Dear Mr. Sasser:
You have our approval to place fill material in 1.5 acres of wetlands or waters for the purpose of
constructing a shopping center and outparcels at NC 24 and SR 1444, as you described in your
application dated 6 February 1995 and revised on 15 January 1996. After reviewing your application,
we have concluded 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.
Wetlands on outparcel "A" shall not be filled except for the small extension located between outparcel
"B" as shown on your 15 January 1996 letter. An energy dissipation device shall be installed at the
inflow to the remaining wetlands to reduce stormwater velocities to non-erosive rates. If changes are
made to the culvert under the American Legion property, the size and elevation of the pipe which
carries outflow from outparcel "A" shall not change. The location of the created wetland in the
eastern corner of outparcel "A" shall be excavated at least one foot deeper than the elevation of
wetlands in outparcel "A", backfilled to the elevation of the wetlands in outparcel "A", and then
planted with an annual grass or other herbaceous species to stabilize the site. Stortnwater from the
stonmwater pond shall be directed to flow into the off-site ditch adjacent to the American Legion
property. In addition, you should get any other federal, state or local permits before you go proceed.
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,.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
i
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Oss on )ward Jr. E.
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Domey
Central Files
Wayne Ragland
Keith Walsh
95120.1tr
DIVISION OF WATER QUALITY
WATER QUALITY SECTION
DW(
O
Date
TD
Pro m
zo
n I
T
401 COMPLIANCE MONITORING
FORM
/'?- DWQ #
_ County: (?-?--
3
y
N
fD
o 0 ?
D (D
Y
o 91F ,.
-
M
1<
0
C
„1
v
M
0
y 130
o C-q
cp
1 I
T

m
s
L I
wZ?
??Q-mss
Distance of Wetland Impact
Specific 401 Conditions:
Comments / Description: Ci?% 2Q I1)?Q( ,??ylyl
Is project in compliance with all conditions: N
1 _
Is there a violation of the 401 Certification authorization ?
If so complete the enforcement section on the back of this form and forward copy to
the Centr Regional Office.
Signature: - Date: Z 7
DWQ 12196
ENFORCEMENT
1. Is there a previous history of 40-' / 401 activity on the property?
If so, give any details:
Nature of Violation (fill, excav?
Wetland Rating (if p,
Significant uses impacteu.
-Acres:
Were downstream uses impacted?
Could. the impacts have been avoided or significantly minimized?
Could the activity have been authorized?
Is restoration or mitigation appropriate for the unavoidable impacts?
Staff Recommendations for Future Action:
„r 01/15/1996 11:42
Date:
Attention:
Cowpony:
Fax •
From:
Pages:
910-326-6000
WALSH MGMT GROLP INC
FACSIAQLE COVER SHEET
YALSH NWAGEAIW GROUP,
P.O. Box 1234
Suaxsboro, N.C. 28584
Phone [phone]
Fax [phone]
01/ 5/96
JOHN R DORNEY
PAGE 01
rN ?
INC.
KCD?M_DI V OF ENVIRONMENTAL M& NAGEAENT
919733-9959
W. 41TH NNLSH
-2- (inefuding cover Sheet)
AS PER OUR CON
OUTLINING THE,
THE SASSER TRA
DIRECTION IS S
12/18/95 Comm
ERSATION THIS DATE, FOLLOWING IS A DRAWING
'IRECTION IN WHICH I WOULD LIKE TO PROCEDE WITH
T IN SMYSBORO. AS TM ARE AWARE, THIS
AQ LAR TO THAT OLITL I NED AS "OPTION D" IN TOM
PONDENCZ, WITH THREE (3) BASIC DIFFERENCES:
1) THE INF FROM THE THREE CULVERTS NXILD NOT LEAD
\ INDEPENDENTLT NTO THE WETLANDS AREA, BUT W 3ULD JOIN AT A
POINT PRIOR TO.RF,ACHINQ THE WETLANDS, ALLOWING FOR ONLY ONE
kp t'? P I PE ENTER I NG 011E WETLANDS AREA,
Qwlp
bto?fl,

2) THE WET S AREA, AS PER YOUR ORIGINAL DRAWING;, HAS BEEN
.MODIFIED, bDVI THE WETLANDS AT THE WESTERN END OF TRACT "A"
y TO THE "NON-WE LANDS" AREA AT THE EASTERN END OF TRACT "A". I
.,k BEL I EVE THAT T E TOTAL AREA Of WETLANDS (APPROx, 1/2 ACRE)
?? MILD NOT CHANdE FROM YOUR INTENT AS OUTLINED IN "OPTION B",
I AND
`r 3) I HAVE LEFT OUT THE INFLOW FROM THE STORMHKTER FOND TO
THE WETLANDS TN TRACT "A". AT THIS POINT, I AM NOT SURE
IF THE POND OVLOW SHOULD BE ROUTED INTO THE WETLANDS OR
OFF-SITE TO TH NORTHEAST OR EAST. I DREW FROM OUR
CONVERSATION THAT YOU WERE INDIFFERENT TO THESE TWO
ALTERNATIVES.
AFTER YOUR REVfEW OF THESE CHANGES, PLEASE CORRESPOND WITH
70UR APPROVAL,:OR DESIRE FOR CHANGES. AT THAT POINT, I WILL
SUBMIT A FORMkL REQUEST FOR APPROVAL. THANK YOU.
IF PROiLEM WITH THIS TRANSMISSION, PLEASE CALL
910.326.7000
01/15/1996 11:42 910-326-6000
HARI)1;I?
ct,ltrs mumam SHOP
RXI511NO
(:ItIJRCII
cxtsdug cult ca
I
cul
lwlineatcd W01mids -
now watlarrria are
existing culvens
1
[prior charnel Ic>en"12
now culvertctl aul filicd
51 i(11'I'INt i
C'I iN'I'I ilt
WALSH MGMT GROUP INC
exixliob udvcrt
ss ?,,?r
PAGE 02

I
? SS

i,.
?
3I11
r--•
V
MASOM(!
' ?5 11)1x11: ,?
srl
S5 ,,: yr t 7 y
pQ
45 91
AMERK'AN 55 RA MER 111:1IDI-NCH
l.li? •It 1N ?` NOW 1181 0
I t,rlilc'I'Y Sr? MR 81DRAGI?
1 ~?
45 SWANSHOR0 %'1q)
Pond
MuCAIN I'Ii014:14'1'1'
NOTES: I
i (1) Total Tmet 8.71 Acrd,
(2) Total Wetlands = 1.73 Acres
(3) Boundary & Weiland I-txatlion Fttrnt I is
Phillips & Awncialc. (12127M)
(4) Topographic Dints • nn Qunicn Lanier &
Associates Inc, Ant l 1972, DM Is /assumed
? I
Dw And `s+i Id'aU ?Xdi wt9?ar?s?w' f 4ago love.
If# W4vw R#4&d,112710
i
I
? ()1+1+IC:lidt
141s1'AII.(X)MPI.IiX
111111.1'OVI?It 11111OR
C11ANNI 1.1.(X:A'1'iON
A t)?IIA" SAS+SIII TIIAd.A Iw
SWAN S11,0110 N(r
Scale: 1 ?a 20
rl 1(X) NX) 4(I)
SI irH11- 2 ol: ry
,e" N
State of North Carolina
_ Department of Environment,
Health and Natural Resources
Division of Environmental Management
Ja mes B. Hunt, Jr., G ovemor
Jonathan R Howes, Secretary
A. Preston Howard, Jr., P.E., Director
FAX TO:
FAX NUMBER:
FROM:
?EHNR

'-j?)
, A ut??
PHONE:
q I ?i- 7?3 1-7 Y?NO. OF PAGES INCLUDING THIS SHEET:,

COMMENTS:
VV YNA, Y
1
J
Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycleWl0% post consumer paper
,06 IVV\,
w ?o J

( Z? 2g? ? K to ?C?KS JJ'5W55 &d
a? v s waQ?
j I??i/LtX s
wj?V,05 -
6
r
.?VIS??Q.
OJIZA__°, E3
OIL Cos, ?

V) d4o -
9-RD " K-0t - t alwe
ac'a,
mw2 ?pa? 1? F'- „A
rT°b? QP,?-?IZ7J.
-Fw,
W'Mci,
JN .
• State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., G ove mor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
FAX TO:
FAX NUMBER:
FROM:
PHONE:

F= F1
V.YS
q?o- -?D-6 --
dal/
( qlq- 733- j-?bC
NO. OF PAGES INCLUDING THIS SHEET:,
COMMENTS:
v w?- r \ \ V) V 'l
V
r r ? /? ? W
AM yj
Environmental Sciences Branch • 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal opportunity Arfirmative Aeon Employer 50% recycleW 01/6 post corm mer paper

existing
HARDEES
existing
MARINE FEDERAL
BANK
existing culvert 3 -
14F"V)
existing
CHURCH
Delineated Wetlands
existing culvert 4
existing
Shopping
Center
existing
Cliff's
Muffler
Shop
55
Gng C \_- ..._._._? _-
o?
/x
ed l; ??
R?'denba?
existing culvert 7??
?\- -
existing culvert I
R I4 \ a
50
1.26 acres 5, '
N
i

1.00 acres
u
so

.79 a

1
45
82
acres
0.

i l
40 f - j- r t'
X0.82 acres
1
45
so ac
American
existing culvert 5 I Legion
Property
existing culvert 6? t_- ?
.i1
prior channel locations
now culverted and filled
Office &
Retail Complex
Built Over Prior
NOTES: Channel Location
(1) Total Tract = 8.71 Acres
(2) Total Wetlands = 1.73 Acres
(3) Boundary & Wetland Location From Pate
Phillips & Associates (12/27/94)
(4) Topographic Data From Barden Lanier &
Associates Inc, August 1972, BM Is Assumed
X704 ZUa" na cagLcncc.ct CFW4 `Ircc
6,? 7V aVm Rgalad, 7113195
existing
Masonic

Lodge o~
55
Cl)
r r /r43 ?-?
Cry ?4 - -
55 SIf-fQ V1--
t-
V ?
P?,YYI/
`
, ru
v \
_J,50
45
McCain Property
7 ' (1?'K ° t9'a
S Yc a
WIo 694 ?1
p a
E RAG?;??
ROBERT SASSER TRACT
SWAINSBORO NC
Sca?e 1" = 200'
0 100 200 400
SHEET 1 OF 1

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A, Preston Howard, Jr„ P.E„ Director
December 18, 1995
Mr. Robert Sasser
Womble, Carlyle, Dandridge and Rice
P.O. Box 831
Raleigh, N.C. 27602
Dear Mr. Sasser:
DEM Project # 95120
Onslow County
7 ILF =_;;A,
1W
[D F= F=1
FILE COPT
Based on our meeting in Raleigh on 1 December and the on-site
meeting with Steve Kroeger, Stephanie Petter and Keith Walsh on 15
December 1995, I have prepared the attached design options to allot:
commercial development of this site and protection of water quality.
Option A moves the stream and wetland complex to the rear of the
property as does option C. These options differ in that the
stormwater pond in option A is designed to only handle on-site rur.cff
while the created/relocated wetlands are designed to handle all of -he
off-site runoff. In option C, the stormwater pond is designed to
handle on-site and off-site (frorr.across NC 24) runoff and the
wetlands area is thereby smaller. As we discussed before, efforts -o
create wetlands are difficult. 'Wherefore you will need to commit -o a
five year monitoring program, as-built and monitoring reports, tree
plantings, movement of wetland soil into the created wetland site and
measures to control the hydraulic energy into the created wetland -c
prevent erosion. Option B retains wetlands in outparcel B to handle
off-site runoff while the stormwater pond handles on-site runoff.
Please review these plans and call me at 919-733-1786 to disc--:ss
these and other alternative plans. Thank you for your continued w:=k
to resolve this issue.
sassera.ltr
cc:
Carl Milstead; Warlick, Milstead, Dotson and Carter
Wayne Ragland
Stephanie Petter, DEM Wilmington REgional Office
Central Files
Wilmington Field Office Corps of Engineers
Keigh Walsh
Steve Kroeger
R0. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
ours,
Si PRDorney
o
existing
HARDEES
existing
MARINE FEDERAL.
BANK
existing culvert 3 ---
INFUU)
existing
CHURCH
Delineated Wetlands
existing culvert 4
existing culvert 5
existing culvert 6
prior channel locations
now culverted and filled
er?sG' U ?av
'g O
0
e? I{i
existing culvert 2 -7 Res'denw?
Office &
Retail Complex
Built Over Prior
NOTES: Channel Location
(1) Total Tract = 8.71 Acres
(2) Total Wetlands = 1.73 Acres
(3) Boundary & Wetland Location From Pate
Phillips & Associates (12/27/94)
(4) Topographic Data From Barden Lanier &
Associates Inc, August 1972, BM Is Assumed
5701 2f/alo.! n4049e0te t ?FrC 4 10c6
VV ZUayw R"&d, 7113145
existing culvert 1
50
existing ?`
Masonic
Lodge o?
fJ??o ~~
55
50
C-D
45
= 45 ?4
55
ru -
d\ l I I
McCain Property
? L
ROBERT S SSE TRACT
SWA:NSBOR0 NC
Scale: 1° = 200'
0 100 200 400
SHEET 1 OF 1
existing
Shopping
Center
existing
HARDEES
existing
MARINE FEDERAL
BANK
existing culvert 3
existing
CHURCH
Delineated Wetlands
existing culvert 4
existing culvert 5
existing culvert 6
prior channel locations
now culverted and filled
existing
Shopping
\ Center
I Office &
Retail Complex
Built Over Prior
Mn'ry;Q: Channel Location
(1) Total Tract = 8.71 Acres
(2) Total Wetlands = 1.73 Acres
(3) Boundary & Wetland Location From Pate
Phillips & Associates (12/27/94)
(4) Topographic Data From Barden Lanier &
Associates Inc, August 1972, BM Is Assumed
576a ?Va" nam4geneeoa CFW4 7w
6v ?V aepm R944d, 7113195
existing culvert 1
/ .o
/ t?? { OD
45 ap
,0D
s'
oa
(u
p v? C-
ROBE RT SASSER TRACT
SWANSBOR0 NC
Scale: ]° = 200'
o loo zoo 400
SHEET 1 OF 1
Ico?)?
.e,i??sGn
g ?'o
mn?erc,?
M'?r47 Iq.
existing culvert 2
existing
HA RDEES
N
existing >.
MARINE FEDERAL
M
}SANK U

T
50
ti
ng culvert 3
exis

existing
CHURCH
45
Delineated Wetlands
existing culvert 4
existing culvert 5
existing
Shopping
Center
existing,
Cliff's
Muffler
Shop
.Qr's"v rj U 1-1 b/ V (./
erc'a/ If
k%-1h R
existing culvert 2-/ ?'deoaa!
existing culvert
6?? I
prior channel locations
now culverted and filled
Office &
Retail Complex
Built Over Prior
NOT 1:7 Channel Location
(1) Total Tract = 8.71 Acres
(2) Total Wetlands = 1.73 Acres
(3) Boundary & Wetland Location From Pate
Phillips & Associates (12/27/94)
(4) Topographic Data From Barden Lanier &
Associates Inc, August 1972, BM Is Assumed
570"t 7V4" N4449e~la 5FWCO 11W
V e? 7V tV a R94&d, 7113195
existing culvert 1
li
0 0
101
Z5..
45 ¢ia
0
x A "/
?Ff s?' f a
1-1 r
c?
McCain Property

Page 1
Note for Jimmie Overton
From: Steve Kroeger
Date: Fri, Dec 15, 1995 6:01 PM 27
Subject: Sasser Project q =
To: John Dorney \
Cc: Jimmie Overton ()
Today was quit interesting, I appreciate the c lenging projects, and today I probably
made every error I possible could Mr. Walsh is uite concerned about why our department
has taken 11 months to resolve the issues about eveloping this site. I did not reply to this.
He is quite concerned about DOT dumping wa on the site, and feels it is not the duty of a
private landowner to provide public benefits su as retaining and treating the state's (DOT's)
water. Again the issue of taking was raised. F r the most part I was apologetic to his
concerns, and tried to convey that we (I mean e as in you two and me) will give this project
the attention it deserves and I promised that so ne (probably me) will call him by next Fri.
(Dec. 22). I did not promise that will would h ve a resolution, but would a least show that
we are making progress on presenting what h fully are economically viable alternatives.
Stephanie and I spent 3 hours talking (mostly 'stening) to him. I had some difficulty in
presenting alternatives to him, primarily beca se I am not familiar with stormwater
regulations -- and in part, even after a year 'di John, with DEM wetland policy. I really do
appreciate these types of challenges, and per aps the next project I will be better prepared
It seems clear to me that the water being livered from the NC 24 culvert represents the
bulk of the water delivered to the site. He s d that he has been on site after days of rain and
has not seen much water leave the site. I thi the wetland is providing significant flood
(storm) water retention, but he makes the nt that it is the "public's" water being put on site
by the NC 24 culvert.
We (1) need some, guidand on how to ad ss these problems. HELP!
For what it's worth, my assessment of ' types, density and size classes of the trees
present in the wetland area show that it is a oung community, perhaps not more that 20
years old This is a time I wish we had and increment borer. The soils showed some hydric
characteristics, but not to the detail I've'see in other'areas.

State of North Carolina
Department of Environment, AT MAI
Health and Natural Resources • •
Division of Environmental Management
WOO&
James B. Hunt, Jr., Governor
Jonathan B, Howes, , Secretary
p F H N F1
A. Preston Howard, Jr., P.E., Director
November 27, 1995
Mr. Robert Sasser
Womble Carlyle, Sandridge & Rice
P. O. Box 831
Raleigh N.C. 27602 VILE NPI
p
Dear Mr. Sasser:
DEM Project # 95120
Onslow County
On 30 October 1995, we met in our offices to discuss possible design changes for
your request for a 401 Water Quality Certification from the Division of Environmental
Management for your project (commercial fill near NC 24 and SR 1444) located near
Swansboro in Onslow County. We wrote to you on 29 August 1995 discussing concerns that
we have regarding the design of the project and placing it on hold until those concerns are
addressed. As of today, we have not received a response to our earlier letter or meeting.
Unless we receive a response from you by 15 December 1995, we will consider that you
have withdrawn this application and are not interested in pursuing the project at this time.
Please call me at 919-733-1786 if you have any questions or would like to discuss this
matt6r.
Sincerely,
Jo n R. Dorney
W ter Quality C ' cation Program
cc: Wilmington DEM Regional Office
Wilmington District Corps of Engineers
Central Files
Carl Milstead; Warlick, Milstead, Dotson & Carter
Wayne Ragland
95120.clr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
02?ry,
Waterway Realty
P.O. Box 155 / 406 W. Corbett Ave.
Swansboro, North Carolina 28584
Fax [phone]
Business [phone]
Mtc. John Dokney
N.C. DEHNR
P.O. Box 29535
Rate.igh, NC 27626-0535
Octobetc 27, 1995
MA. Robert H. Saszen, I I I
wombte, CaAtyZe, Sandr,idge 9 Rice,
P.O. Box 831
Rate.igh, NC 27602
Mr.. Cart S. MiU ted
( wLti ck, M.iated, Dot.6on, 9 Can ter.
320 New Bridge Sweet
Jack,sonvitte, NC 28540
Mk. Keith Waah
WaL6h Management Group, Inc.
P.O. Box 1234
Swambww, NC 28584
Deatc Genttemen:
Peuuant to recent eonveuati.onz and tcequeztz Aeganding the advetuse vatuati.ve
e66ect o6 exi.6ti.ng wettandz on a eommetcai.at tract (cutucentty owned by SauszvL/
M,i,Uted with mapz attached), hutewith iA a btc i,e6 synopsivs oU commetcc iaYE vatuets
in Swanzbotco (along Hwy. 24) and our opinion kegatcd.ing the ewvicent va.bue o{ the
Saszete/M.itzted tract.
CwLken tt y, it iz our. undeutand.in.g that the most o 6ten u,sed value "pen ? Lont {soot"
o6 Hwy. 24 eommuLciat pno pe4t y in the immediate vicinity o6 the subject pu pert y
,ins $900. (pen Zi.neatc oot). Obv.iou,sty, there atee many existing eompoAabte?s,
tcang.ing btcoadty {atom 500. to $1,100. (pen boot). However, aeeotcding to toeat
appnaizeu and othut knowtedgeabte ptco66ezionatz, the eoueuus seems cteatZy to
indicate that the $900. per. 6,tont boot valuation is a Aeuonabte average e,stimate
whenever. eommetce i.a.2 pnopekti.ez o66e4 an appteopte,iate eomme4c%aZ "depth", which
the zub1eet ptcopetty obviously doez.
Uzing very eon,suLvati.ve numbeu, the ?subject pupetLty with 689 beet o{ Hwy. 24
6nontage eoutd potentia ty yietd thtcee ",subdivided", ",i.mpkoved" commer.ci.at
outpaA.eetz with a pozzibte combined wn th oU $600,000. Conveuezy, the same
.band area now, given the exi.5tenee o6 the wetZand,s and the tce,str ictionz t etated
to thoze wet atce", o66eu 6aA tezz comme,,ciat wotuth and/wt potent.iat 6oA 6utuAe
development. An opinion o6 vague now would be anyone',s be,st guezz... but, it
wou.-d be tea, onabte to ",sume that the cw t.ent value would ea it y total test
than one-th.ved the potential wotuth .i{ Uutty developed and ?subdivided.
4in ety,
vi yhews
Ownek / Bn.o kuL

David M. Peatczon
A,s,so e late Btco ketc
Each Office Is Independently Owned And Operated
V/
J
o; ?Sx? G o o
7
w r? u
I1 P? ..,? to ?
n
0
? r
m
n
? U
1?1
1)
u

^Z -
I
N
lP
i
l n
N f
-P p
6
U
L
?- 1 1 I L ? J ?. .? L lJ Ir
cr
N
J
J
-? m 53.E-4?-10 fin,! Z7I_.:70 ?'
L?
T?
in
N
i l11 ? C.
y.

U
CI
/ f..
?
v \ \\
I
/
N ?
7
U
III ?1
t
c\ qc ..? /

10
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A, Preston Howard, Jr., P.E., Director
April 21, 1995
Mr. W. Keith Walsh, President
NValsh Management Group, Inc.
P.O. Box 1234
Swansboro, N.C. 28584
Dear Mr. Walsh;
Re: Robert Sasser project
Onslow County
DEM # 95120
74
[D F= Fl'
FIL E
As a follow-up to our site visit on 6 April 1995, we believe that the following
questions should be addressed for this project in order to determine whether on-site
minimization of wetland fill is practicable. Pleas address the logistical and economic aspects
of these designs.
Option 1: Fill all wetlands on site. A stormwater pond will be required to handle
on and off-site runoff. In addition, restoration (2:1 acreage ratio) or
creation (3:1 ratio) of wetlands will be necessary wetlands must be
riparian wetlands, preferably along a small headwater stream within an
(approximate) five mile radius of the project site. In addition to tree
planting, a long term monitoring plan and disposition plan for-the
property will be required. You will have the responsibility to ensure
that mitigation is successful.
Option 2: Not fill outparcels A and B. In this case, only on-site stormwater will
be needed since the remaining wetlands will be able to handle the
existing runoff. No mitigation will be required since the acreage of
wetland fill is lower.
Option 3: Not fill outparcel A. In this case on-site stormwater and off site
mitigation will be needed. In order to avoid the need for stormwater
treatment of the off-site runoff, you will need to assure us that the
remaining wetlands will be able to handle the existing runoff without
channelization. If wetlands on outparcel A are not large enough, the
stormwater pond would have to be larger to accommodate the flow.
RO. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
M
These options are those we discussed with Wayne Ragland and yourself at our
meeting on-site. If you need more details on these options, please call me at 919-733-1786.
Sincerely,
4
4tewvr R. Dorney
Quality Certific on
95120.opt
cc: Stephanie Petter, WiRo
Wilmington District Corps of Engineers
Central Files
Ron Ferrell

MAR 1 x.1995

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 Dorney
Water Quality Planning
Division of Environmental Management, DEHNR
FROM: Richard B. Hamilton
Assistant Director
DATE: March 8, 1995
SUBJECT: Review of application for Section 401 Water Quality
Certification, DEM ID 95120, Mr. Keith Walsh, Walsh
Management Group Inc., Swansboro, Onslow County.
Staff biologists with the Wildlife Resources Commission have
completed a review of the project with regard to associated
impacts on wildlife and fishery resources in the area. A site
visit was made on March 1, 1995. Our comments are provided in
accordance with provisions of the Fish and Wildlife Coordination
Act (48 Stat. 401, as amended; 16 U.S.C 661-667d), Section 401(b)
of the Clean Water Act of 1977 (as amended), and the North
Carolina General Statutes (G.S. 113-131 et seq.).
The applicant proposes to fill 1.7 acres of 404 wetlands to
construct a shopping center and office center complex. The
project would fill two small streams that compose the headwaters
of Hawkins Creek, a tributary of the White Oak River. This
wetland area currently serves as a drainage basin for Highway 24,
State Rd. 1444, and the Westwood Residential Subdivision.
Wetlands such as those found on this site provide functions that
benefit the public as well as fish and wildlife. Wetlands retain
and purify stormwater and provide habitat for numerous species of
amphibians, reptiles, birds, and mammals. Wetlands also
contribute large quantities of organic carbon, forming the food
chain base and the resulting biological productivity for many
aquatic ecosystems.
As proposed, this project is inconsistent with our Policies
and Guidelines for Conservation of Wetlands and Aquatic Habitats.
It is the policy of this agency to oppose projects which
Keith Walsh 2 March 8, 1995
"displace, damage, or modify wetland values and functions." We
also believe that this project is inconsistent with the
Environmental Protection Agency's Section 404(b)(1) guidelines in
that the project does not constitute a water dependent activity.
Due to these factors, we request that 401 Water Quality
Certification not be issued.
We appreciate the opportunity to provide input into this
permit review. If further information is needed please contact
William Wescott at [phone].
WW/fm
cc: The Honorable Roy Gerodd Sowers, III
William Wescott, Coastal Habitat Coordinator
Brad Hammers, District 2 Fisheries Biologist
Bobby Maddrey, District 2 Wildlife Biologist
11
- P?
(4 cao _ -
D Qdac ?Jt^- /sa
E
•
C?
YV\ lac . -
`?? v?,x
fll
A- - ?c
s ;' s
V- GN
f
s
O
3i
?t) , 6 (?)
vlwAo42

U cA\? S

Project name Nearest road
Countv Wetland area acres Wetland width

eet
Name of evaluator I gate
tAdlace'nt lalld use ?t
i??kriihiri lit rllilt? trpstleal>>,'upslopc
R.
M
z
£bn o£nd x l E§ ??r. radius)
owe kenn aleain
LJ fc?r .sto.,, Lill . C'C
]o ermi 1 ?7 s=
t?Y an `F11??C i?31t1?` Q a"rill ul1_+1i e tli r( r1, ,u, 1-,+ I ,r TIC,
U IniJ1Lr'%Io11? Uu<iCE
1)r)1 li-n,ult vL' C',Iatio11
Mi
?el i ?nr) ????i>yr
° ? E?re(iU11I?1,ritly [rill
Ftoodipg; lan(i «eti-i e:s5
F?rerl??n? r,an y? M.
n ?£J ? s ,r1+r?)?:-lr?l??n+?r),? to serf n r?1-l'
R i 1, ic)ri, tl br ihOt IC1 Ja
(i k 1 Z
Hdraulik- fa k) r5
,;,? R ? u ? ,.` ? s` ?. _Vi 11f >r ? floade, A i1-1,1r???, .
1fAtL,rV" E10')?`Ir r
ChH,T orMl?.li?t? 1
rt cti'i. tl_),) hn0 or"sur1
SST : ? l':j i i ? - .Tt,.'fi?•h u,. rn.'?ai.£? ;3s.dC'sZ.:i. * .... Al........... /-1..,,
NO
l Wetland type (select one)*
C] Bottomland hardwood forest ? Pine'savarna
? Headwater forest ? Freshwat , marsh
? Bog/fen
.
_ ? Swamp forest 3
? Wet flat ? Ephemera' wetland!
? Pocosin CJ Carolina E-ay
? Bog forest ? Other
"The rating system cannot be applied to salt or brackish marshes o= stream channels
weight
Water storage x 4,00 =
Wetland Score
Bank/Shoreline stabilization x 4.00 = C
Pollutant removal x 5•00 = l
Wildlife habitat x 2.00 = -
p
Aquatic life value x 4.00 =
??t =
Recreation/Education x 1 ,00 ;
G * Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within 112 rr.ile upstrearn, upslope, or radius
iii....ii....i.i.iii..iii....iii...i.i............ii.ii.i.ii...i...i.i,iii.i.i.......i.......i.i..ii......i.-iii.....ii.......i.....;.i......i
57
x s 11 sm - ?to
OV t
3?? ?t, ??o I A s° I.
f o(3Z1/?S
1
7L 9 - - ( - ?, ?-* ?r l4f)
(t 4 1 0 --?, cj ?-E-
/
Center ` Oo
/ l'icdIti(/
/
j cxlstlll° culvert 2-(/.
/
Cxlstln., ti 112
1-1ARD1 1 S Cli .1
? \-lufflcr .1C511'?y?, - ,.,\. -cxislin? c'.::?'crl 1
Shop p
-6 aci
Chi j :% •?jQ
C.x1Sl111? ;r `?/
NMARiNI 1=LDGR.Al, cxistin( p
I3:1N[: 1.00 acrd N4asouic
Lodoc
50
____i•
exis6n; culvert 3 --?-7 aCrCS
j % ?S
I?
croshng jp
r
cluRCl
I LH] `°?..
I ^s 0.82 acrd c
6G
Delineated \\ CUMIdS
' ??0.$2 acrd .
cxistin; culN crt 4 -_?i_ --
j ° 10. &1 acres
Amc c, n ?i
LC
=
CxISL11lg Clll1'CI't J C:2:, _
1 f I ? ..
Pr-073Ci\' I - -.-50
cxistinr culvert 6?? j jll
4-5
prior chalnlcl locations I -
c
now culverted and filled I ?? I
I I McCain Property
I/ Office
(Over Prior
? l y? 0J-`. //n
\OTES: ;:act Loclion.?
(1) Total Tract = S.71 Acres
(2) Total Wetlands = 1.73 Acres
(3) Boundary & Wctland Location From Rue
Phillips & Associates (12'27/94)
(4) Topographic Data From Bardcn Lanicr &
Associates Inc, Aunusl 1972, BM Is Ass-,micd
?a ? 2Ua?.l %1Zaaagev?ser? G?actjl 9?u
?y ?f/ar,?rc Z'g??r.?l, 7/13/95
r,
o
SWANS" fICOR(0 Nr
Sale: X" = 200,
0 100 200 400
SHEET 1 OF 1
4
1
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B, Howes, Secretary
A. Preston Howard, Jr., P.E., Director
August 29, 1995
Mr. Wayne Ragland
120 Balsam Road
Jacksonville, N.C. 28546-5808
Dear Mr. Ragland:
Re: Robert Sasser project
DEM # 95120
Onslow County
A14; tr-own
dft
1? EHNF1
1, N E 11OPY
Thank you for your 15 July 1995 letter concerning problems and questions for
stormwater management and wetland mitigation for this project. As a follow up to our
telephone conversation of 28 August, DEM offers the following responses.
Treatment of the off-site watershed:
I appreciate the difficulty of treating the off-site runoff given the invert
elevation. However the existing use of the wetland which DEM must protect
(via 15A NCAC 2B.0201(b)) is the filtration and purification of the off site
runoff. This use must be protected either through routing of that stormwater
into an adequately sized stormwater pond or by retaining enough of the
existing wetland to ensure treatment of the stormwater. A combination of these
techniques is also possible.
2. Mitigation site selection:
The mitigation site must be a riparian site since the wetland uses to restore are
those from the existing riparian wetland. Purchase of wetlands in Burke
County is not acceptable since the existing uses (namely water storage,
pollutant removal, wildlife habitat and aquatic life habitat) would not be
protected. These uses provide valuable benefits to the White Oak River.
Therefore mitigation should replace those uses in a location near the existing
site.
Selection should prefer sites on first or second order streams, on hydric soils
and in current agricultural use. I sympathize with your statement that these
ecosystems are rare but would argue that this reinforces the need to allow their
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
fill only when no other alternative exists. As we discussed, you may be able to
find these sites using topographic maps as well as soil maps. A thorough,
well-documented search will be needed - one which is not designed around
MLS listings or listing property for sale. Interfluve (interstream divide)
wetlands are not suitable for mitigation for these wetlands since the uses of
these types of wetland are very different.
I hope that these observations are useful in your efforts to develop suitable stormwater and
mitigation plans for unavoidable wetland impacts. We are still awaiting for the economic
analysis which.,?vill provide information useful for the determination of unavoidable impacts.
I certainly sympathize that these issues are difficult to resolve but submit that these
difficulties emphasizes the value of these wetlands for water quality protection. Please call
me at 919-733-1786 if you have any questions.
Sincerely,
l
oh R. Dorney, upervisor
401 Water Quality Certif ion
95120.1tr
cc: Stephanie Petter; Wilmington Regional Office
Central Files
Marta Boris; US Army Corps of Engineers - Wilmington District
State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Govemor
Jonathan B. Howes, Secretary
Steven J. Levitas, Deputy Secretary
6'-t'W a& w-
I FAX TO: U,-Vv \ 1 X/VNx,V-X I FAY. NUMBER: I
FROM:John Dorney, Ecological Assessment Group
PHONE: [phone]
NO. OF PAGES INCLUDING THIS SHEET:
OQQGS "I2
v
P&P
It,
C? "I

Division of Environmental Management
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
f'QQ(-Q' I/

co
I&P
IA74 ?j
low
LD EHNR

awap W40

r OF
Landscape Architect Professional Soil Scientist Eriviromnental Ilealth Specialist
Jul 15 1995
Mr John Dorney RFcFIl"FO
NC DEM, Water Quality Section all I I
PO Box 29535 FNV/RphMFHT919
Raleigh NC 27626-0535 AZSC?F??Fs
Dear Mr Dorney Subject: Robert Sasser tract, DEM # 95120
Since your letter dated April 21, 1995, several problems have become evident regarding wetland
mitigation potential on the above referenced project site and application for NWP # 26. In addition to
providing an update of the site conditions that impact the options you stated in your letter, I would
also like to request a clarification of some the terms stated in option #1. Enclosed is an amended
site map enumerating the sub-tracts in the same nomenclature used in your letter. The map should
be reviewed concurrently with the following observations to assist in a full understanding of the
issues.
(1) The invert of "existing culvert 3" is too low to divert that watershed's off-site drainage into a
)stormwater detention basin without backing storm water to and into this culvert during typical
summer time storm water run-off events. Almost the entirety of this contributing watershed is fully
developed. The resulting potential liability that could result from possible backflow adverse impacts
j_ "ron NC Hwy #24 and other upstream owners makes this alternative unacceptable. Can this off-site
watershed be routed through the site by prohibiting any on-site storm waters from outfalling into this
portion of the storm drainage system?
(2) No small headwater stream site for either wetland restoration or creation has been found
c, available within a 5 mile radius of the site. Generally speaking, almost all potential mitigation sites
are either already developed or are associated with interior portions of larger tracts that the owners
refuse to subdivide.
(3) The request that the wetland conditions of the mitigation site be riparian is understandable in
light of the wetland characteristics on the subject site, but limiting the choice to small headwater
streams which constitutes such a low percentage of the wetlands and geomorphic landscapes in the
lower coastal plain has proved to be a very difficult imposition to meet. As I am sure you are aware,
most of the wetlands, especially those that have historically been modified in the lower and middle
coastal plain, are located in the flat interfluve's and were not in riparian locations unless the
as' modification was for the purpose of water access. Those riparian conditions that were modified for
water access are now very expensive pieces of real estate and the advent of the CAMA laws has
substantially reduced loss of wetlands in those specific circumstances. In consideration of the fact
that this parcel is completely surrounded by existing development (with out stormwater
management) and 2 of the 3 contributing off-site watersheds can be routed through a storm water
detention system, is the alternatives of enhancement or preservation available as mitigation?
910-347-9036
120 Balsam Road Jacksonville N('28546-5908 page 1
A
V - w
CA PA y~ ?!Axy?lar d
landscape Architect Professional Soil Scientist }environmental health Specialist
One potential 25 acre site has been located (via real estate contacts) but it is located in Burke
County, NC. I've been advised that the parcel contains significant wetlands that are riparian to the
Catawba River and that the Morganton Greenway Commission may be interested in the tract even
though preservation restrictive covenants may be imposed upon it. The question of the possible sale
or value of a potential mitigation site is not a significant concern to Mr Walsh, BUT, finding a legal
entity that will accept ownership and management of a potential mitigation site is of critical concern
since his business is restaurants and not preservation site management. If this tract would be
acceptable as a preservation alternative, it would yield a mitigation ratio of about 14.4:1. If this site is
not acceptable, can other sites of similarly more valuable wetland riparian values than those on the
subject site be acceptable as a preservation mitigation alternative?
(4) One possible problem in locating an acceptable mitigation site may be my interpretation of
what you mean by "headwater stream" . As I've already stated, the vast majority of wetlands and
i?j contributing watershed for streams in the lower coastal plain are located in the flat interfluve's well
away from the actual stream channel networks. The reach and density of stream channel networks
ratio to watershed size is very small compared to other geographic regions of the State. In addition,
U? 4, the appearance of channels and local relief as one transitions from the flat interfluve's to well
defined channels and valleys is the optimum location to find soil conditions that are acceptable for
septic tank permits in this geographic area. As a result of State wide septic tank rules adopted using
i soil siting criteria in 1979, a strong economic incentive was introduced that has resulted in most sites
S o?' with these characteristics being developed for residential purposes. The high residential demand in
,aft), the Swansboro area has grossly accelerated this land use conversion in this part of Onslow County.
,,l , I am unaware of any sites remaining undeveloped in this area. What specific site characteristics are
5,e)you referring to as "headwaters" ? Is there characteristic such as watershed size, valley truncation
?6,J geomorphology , intermittent channel flow or similar criteria part of your definition of "headwaters" ?
?(V 1 ' ( ) Comparisons of the stormwater management detention basin alternatives provided in your
options enumerated 1 through 3 did not turn out to have significant cost or planning impacts on the
project when compared to the requested selling price and site improvement cost. Existing culvert #1
has a contributing water shed of less than an acre (0.85 acres t) and existing culvert #2 has a
watershed size between 2.5 and 3.5 acres in size. If a worse case scenario is assumed of 100%
14tP1 impervious cover for both on and off-site watersheds and use of a 30 vegetative buffer at the outlet
IgAs used, a detention basin of 0.59 acres 4.0' deep would be required for on-site waters only and a
s basin 0.57 acres 6.0' deep would be required to accommodate the addition of off-site waters from
y culverts #2 and #3. The range of depths (within reason) of the detention basin has no significant
cost impacts when compared to the massive grading required for the initial site preparation.
?/'o In addition to culvert #3 being to low to divert to a detention basin on site, it is almost impossible
'%(o ascertain the watershed size due to curb and gutter characteristics of most of the watershed
QyQC [` , being dominated by NC Hwy 24. The existing street catch basins are deep and have a large number
of pipes connected to adjacent developed tracts.
1 aF WIe?G?'v` t?',s??``
?Y f / {-? ?G(es...-a.1 , y?w(?x.c;G ?1. yJ ?`YY'"'
?tri suNfj?a's r''? n 0-347-9036
120 Balsam Road Jacksonville NC 28546 .5808 page 2
w' .
t
7 ? ? v
AAy"e -99WA"1d
Landscape Architect Professional Soil Scientist Environmental Health Specialist
Though the direction of flow is obvious for some pipes, the other end of the many of the pipes
connected to adjacent tracts could not be found, much less determine if stormwater was being
carried to or away from these catch basin locations. All of the contributing watersheds are fully
developed in a presently stable land use pattern.
In conclusion, the high land cost, the high site preparation cost, and the much higher market
value of parcels A through C precludes any serious consideration of options 2 and 3 specified in
your letter dated April 21, 1995. It is my understanding that Mr Walsh will be able to provide you with
an synopsis of that economic evaluation and criteria in the near future. The alternatives provided
relative to stormwater management in your options 1 through 3 has no economic or other significant
impacts on the choice of options offered.
It is physically impossible to divert the watershed from "existing culvert #3" into a detention basin
allowed under present DEM and DCM guidelines and does not result in unacceptable liabilities for
the buyers of parcels A through C or for Mr Walsh as the developer. If this watershed can not be
routed through the tract to the existing downstream culverts, the proposed land uses are no longer
viable economic alternatives to the financing agencies.
The limiting of mitigation alternatives to restoration or creation of similar wetland site
characteristics imposes a severe constraint upon Mr Walsh since similar sites are naturally
uncommon in this specific geographic setting and there is an artificially high demand for these
characteristics due to the lack of sewerage alternatives in the coastal counties (i.e. DEM's policy of
no more point discharge permits in the 20 coastal counties). Real estate inquiries have not been
able to locate acceptable sites in the geographic area of Swansboro (Onslow County) or the
Carteret County side of the White Oak River. Higher value wetlands like hardwood swamps,
floodplains, or marsh transition zones may be available if enhancement or preservation alternatives
of site mitigation are made available. Preservation of riparian wetlands is now available at a 14.4:1
ratio if the site can be located in a different geographic region of the State.
If the prior enumerated alternatives are acceptable for wetland mitigation, it is certainly
acceptable to Mr Walsh that much higher acreage ratios (as specified in the recently proposed 401
rule changes) be used in establishing an acceptable mitigation plan. Your consideration of these
circumstances and a determination if alternative mitigation criteria is acceptable would be sincerely
appreciated.
Yours truly
'77-L 4C
W et f e Raq&oeee
Copies: Marta Boris, Corps of Engineers
Walsh Management Group
910-347-9036
120 Balsam Road Jacksonville NC 28546-5808 page 3
existing
Shopping
? et•,., .
- Center

os
existing existing ' ic/"
existing culvert 2
nbal
11ARDE S
Cliffs

IVI
CS
Muffler
Shop C I
existing culvert 1
50
55 1.26 acres 55
so
existing
MARINE FEDERAL
33 //
I
. x existing
13ANK
U 1.00 acres i
Masonic
z ©
o
Lodge a
50 55
ti
existing culvert 3 ? r? X3.79 acres 55
j 50
ay ? ?
X 45
45 yQ
existing (55 50 .b
y
°j
CHURCH
a
a

4S
l 1
82
0 55
acres
.

Delineated Wetlands

4tr
0.82 acres

existing culvert 4
j 45
50 0.84 acres
American
I 55
existing culvert 5 Legion
Property so
existing culvert 6--
d g 45
prior channel locations
now culverted and filled
McCain Property
I i
I I
Office &
Retail Complex
Built Over Prior
NOTES: Channel Location
(1) Total Tract = 8.71 Acres
(2) Total Wetlands = 1.73 Acres
(3) Boundary & Wetland Location From Pate
Phillips & Associates (12/27/94)
(4) Topographic Data From Barden Lanier &
Associates Inc, August 1972, BM Is Assumed
?aa ?Va" 7&4ua9~*e Cjuv4 Sue
Vy ?U tfw R94&d, 7113195
SWAINSBO OINC
Scale: 1° = 200'
0 1 (x) 200 4(X)
SHEET 1 OF 1
(7,
DEM ID: ACTION ID:
NATIONWIDE PI RMITREQUESTED (Provide Nationwide Permit #): NWP #26
JOINT FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE APPLICATION FOR SECTION 401 CERTIFICATION
WILMINGTON DISTRICT' 1-NGINEF,R
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
PO BOX 1890
WII_,MINCiI'ON NC 28402-1890
ATT: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMEN i ALTI
AND NATURAL RESOURCES
PO BOX 29535
RALEIGH NC 27626-0535
A'T'T: MR JOIIN DORNEY
Telephone [phone]
ONE (1) COPY OF TI ITS COMPLETF,D APPLICATION SIIOULD 13E SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES
SHOULD BE SENT' T'O THE NC DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: Robert Sasser
2. OWNERS ADDRESS: PO Box 831, Raleigh NC 27602
3. OWNERS PHONE #: (HOME) (WORK) 919-755-2100
4. IF APPLICABLE: AGENTS NAMFs OR RESPONSIBLE CORPORA'T'E OFFICIAL, ADDRESS, PHONE NUMBER.
AGENT: Mr Keith Walsh 910-326-7000
Walsh Management Group Inc
PO Box 1234
Swansboro NC 28584
5. LOCATION OF WORK (MUST ATTACH MAP). (See attached plan, Survey For Keith Walsh, by Pate Phillips & Associates
Inc)
COUNTY: Onslow NEAREST TOWN OR CITY: Swansboro
SP13CIFIC LOCATION (Include Road Numbers, Landmarks Etc): Wooded Southeast corner of intersection of NC
Highway 24 with NCSR 1444, behind Cliff's Muffler Shop, Swansboro Shrine Club, Swansboro VFD
6. NAME OF THE CLOSEST STREAM / RIVER: Freshwater portion unnamed tributary to White Oak River.
Qualifies as a headwater stream and therefore qualifies for NWP 26
7. RIVER BASIN: White Oak River Basin
8. IS THIS PROJEC'T' LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS 1, OR WS 2.
YES( ) NO( )
Unknown but probably has a local name tributary outfalls into the first bay South of Swansboro in an
area that has traditionally been closed to shellfishing. DEM water classification listing refers to a small
area that is not SA but provides no bounds for accurate location. Copy of USGS topo grid attached to
identify site and outfall location.
9. HAVE ANY SECTION 404, PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY?
YES( ) NO(X)
IF YES, EXPLAIN
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OFT'HE US, INCLUDING WETLANDS, LOCATED ON PROJECT
SITE: 1.7 acres of positively identified wetlands have been delineated and surveyed.
(from 3/30/92 DENI Joint Form)
11. NUMBER OF ACRES OF WATERS OF TI-II; US, INCLUDING WI-I'LANDS, IMPACIED BY THE PROPOSED PROJECT:
FILLED: 1.7 acres
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED: 1.7 acres
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS - 8 1/2"*I1" DRAWINGS ONLY): See attached exhibit map,
and map entitled Survey For Keith Walsh (showing wetlands) by Pate Phillips & Associates PA. Detailed
plans are not presently available but a shopping center and office center complex is proposed.
Remainder reserved for stormwater detention basin piping replacement of existing drain channels and
buffer needed to accommodate extensive grading to fill site for access to NC Highway #24. _
13. PURPOSE OF PROPOSED WORK: Shopping center and office center.
14. STATE REASONS WHY THE APPLICANI' BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WE'T'LANDS.
ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS.
The tract has a steeply rolling terrain that requires extensive cut & fill grading for vehicular access to
Highway #24 and construction of suitable buildings and parking areas. 60% of road frontage is
inaccessible and undevelopable unless filled. CAMA consistency does not allow use of existing natural
drainage patterns that contain wetlands to be used for waste disposal facilities, including stormwater
detention basins they are solar for the purpose of protecting downstream water quality. Extensive filling
of wetlands is required to establish finish grade elevations that will allow diversion and collection of
stormwater runoff to detention basin treatment system(s) that are drainable to existing runoff outfalls that
do not contain Section 404 wetlands.
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE (USI-WS) AND/OR NATIONAL MARINE
FISHERIES (NMFS) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED
OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT ART:A THAT MAY BE AFFECTED BY TI1, PROPOSED
PROJECT. HAVE YOU DONE SO?
YES(X) NO( )
RESPONSES SHOULD BE FORWARDED TO THE CORPS
Application mailed concurrently to National Marine Fisheries Service, Habitat Conservation Division,
Pivers Island Beaufort, NC 28516. Telephone [phone]. (Tract canvassed for evidence of Red
Cockaded Woodpecker nesting habitat by Wayne Ragland and no nesting cavities nor critical habitat
found No known endangered species or critical habitat are self evident on the parcel.)
16. YOU ARE REQUIRED '1'O CONTACT THE HISTORIC PRESERVATION OFFICER (SIIPO) REGARDING THE PRESENCE OF
HISTORIC PROPERTIES IN THE PERMITAREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. HAVE YOU DONE
SO?
YES(X) NO( )
RESPONSES SHOULD BE FORWARDED TO CORPS
Application mailed concurrently to State Historic Preservation Office NC Division Of Archives And History.
109 East Jones Street. Raleigh, NC 27601.
(from 3/30/92 DEM Joint Form)
17. ADDITIONAL INFORMATION REQUIRED 13Y DFM:
A. WETLAND DELINI.3ATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON PROPERTY.
See enclosed map Survey For Keith Walsh prepared by Pate Phillips & Associates Inc.
B. IF AVAILABLE, RFPRFSENI'ATIVE PI IOTOGRAPI I OF WETLANDS TO BFi IMPACTED BY IVOM -1'.
No photographs available
C. IF DELINEATION IS PFRFORMI:T) BY CONSULTANI-, INCLUDE' ALL, RELFVANI' DATA SHE-I'S.
Delineation by Wayne Ragland Data sheet attached.
D. IF A STORNIWATER MANAGEMFNI' PLAN IS REQUIRED FOR TI HS PROJECT, AT'rACI-I A COPY.
Tract can not be developed for proposed purposes if wetlands can not be filled, therefore no detailed
plans for the site are available or will be designed in detail until such time as the extent of site
modifications that will be allowed under NWP #26 is determined. A storm water management design at
this time will be placing the cart before the horse in this case All performance standards of applicable
storm water management requirements will be stringently adhered to during the site design _ and
construction once the extent of available site becomes known so that specific land users (lessors) can
decide if they will or can participate.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY?
Existing commercial properties to the Northwest, West and South and existing residential to the East.
Sole remaining undeveloped large tract in this urban block The 2 immediate downstream riparian
owners along the same stream valley were developed by filling and piping the wetlands that were
originally located along a tributary of this stream on those tracts Pipe constriction of flow has accelerated
adverse l2aludification of this parcel even though those parcels are "downstream" and supposedly
"subservient" to this tract under historical interpretations of common water law.
F. IF APPLICABLE, WIIAT IS PROPOSED METI IOD OF SEWAGE DISPOSAL?
Swansboro central sewer.
kod W- February 1, 1995
owner's signature date
Agent: Mr Keith Walsh
(from 3/30192 DPM Joint Dorm)
30 - 29 !o 29x \\ll \? . .
/ a
1HUBERT QUADRANGLE SWANSBORO QUADRANGLE
(USGS 7.s MINUTE SERIES) ___ (USGS 7.s MINUTE SERIES)
1952, PIIOTOREVISI D 1983, PHOTOINSPECTED 1988 1 1952
SCALE: 1 "=2000" 30-" SCALE: 1 "=2000"
f.SY f.! ...: ? ..i . .. i ?
0 1000 2000 4000 0 1000 2000 4000 -30
ti
SITE
?-, 1
1
?ij 0511) " ii \ 1 / l 144 tiff /? I
u • \?,- Jones
1? Island
u
J ??s
14
/ Swans 0-1
??? ' • `?'?•`°a '+`'? Swansboro
12
/2
`\\1\ Dybeacon
\\ 6hts b
u•??Pie • oLi
V/ / V) A-'
Foul
4
Foul ;...Foul i
o ,
,- rgbaybeacon
x TR
i
151
C i
Foul m
13
1
?(E) i
Li It
/
Dols G7?
N? \? J
I ?9 ght
.? \ _WATERW
esq.,
h \
- ;; d
'no 0'"D E]IRT SA SS E1tDk TRACT C 9
NWP 26 APPLICATION a _ s Sand
REQUESTED 13Y AGE-N"1'
i WAISH MANAGEMEN I' GROUP INC

- 9 /
SHEET 1 OF 2 /?U?'

SOILS
Map Unit Name
(Series and Phase): Raymeade and Onslow series Drainage Class (well drained)
Field Observations
Taxonomy (Subgroup) Confirmed Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance / Contrast Structure, etc.
WEXI.AND: Stratified sediments covering poorly drained unnamed series Of COluvium/alluvium in valley inverts.
0-18" Al 10YR4/1 sand & loamy
18"+ Ab 10YR3/2 fine sand, loam
Hydric Soil Indicators: (Wetland soil area only)
Histisol V Concretions
Histic Epipedon High Oceanic Content in Surface Laker in Sandy Soils
Sulfidic Odor Organic Streaking in Sandy Soils
V Aauic Moisture Regime Listed in Local Hydric Soils List
V Reducing Conditions Listed On National Hydric Soils List
Gleyed or Low-Chroma Colors Other (Explain in Remarks)
Remarks: At and near wetland delineation point ZI0.

WETLAND DETERMINATION
Hydrophytic Vegetation Present? es No (Circle)
Wetland Hydrology Present? es No rob bl
Hydric Soils Present? es No
Remarks:
(Circle)
Is this Sampling Point Within a Wetland? Yes No
Revised to compare wetlands to uplands, 1/95 Approved by HQUSACE 3/92: (COPY)
J
SHOPPING
CF,NTUR
IIARDF S existing culvert
Q 1::
CI dI;PS u
M I I Fl 'L};t?
SHOP ivy
0
1.26 acres 55
50 ?-?
EXISTIN >
CIIURC I l.(X) acres
V MASONIC
i
50 55 LODGE
existing cul t O
1 ?';! 55
50 i A
3.79 acres ! 45
55 - 50,C?
ti / Ry
0.8'? aCl'ES - - 55
45
(\ ?
Delineated Wetlands -' 04
,O
40 0.82 acres '
N.t
45 0.84 acres
AMERICAi?-,? 55 FORMER RESIDENCE
existing culverts LEGION NOW USED
PROPERTY P? ?. 50
?-- ? ? ?? ?FOR STORAGE
I ^? ?\ 45 SWANSBORO VFD
prior channel locations
now culvcrted and filled
f ]`? McCAIN PROPIiRTY
OFFICE &
NOTES: RFFA IL COMPLIX
(I) Total Tract = 8.71 Acres BUII;T OVER PRIOR
(2) Total Wetlands = 1.73 Acres CHANNH,LOCATION
(3) Boundary & Wctland Location From Pate >>
Phillips & Associates (12/27/94)
(4) Topographic Data From Barden Lanicr &
Associates Inc, Augus 0009-96E(016) Xbd v8986 ON'ojogsuc)mS TRACT
0ooc-968 (ol6) ll0 1767, t x013 90140lsod I131AM NCA
tuepjseJd ,yslgM 4116A 'M e: 1 " = 200'
V14" aaa ?Ualak TAlaKage MMC?
---
i?q 1p#4& l
?I frr r•`f i F? ??
..? t!? - "?,r,? E)'VvI r?ir 11.1.-1.
?r I ?'r 1
DEM ID: 0 ACTION ID:
NATIONWIDE PERMIT REQUESTED (Provide Nationwide Permit #): NWP #26
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
PO BOX 1890
WILMINGTON NC 28402-1890
ATT: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT HEA H"?r??
AND NATURAL RESOURCES ; ?'
PO BOX 29535
RALEIGH NC 27626-0535
ATT: MR JOHN DORNEY i
Telephone [phone] '
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS. SEVEN (7) COPIES
SHOULD BE SENT TO THE NC DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: Robert Sasser
2. OWNERS ADDRESS: PO BOX 831, Raleigh NC 27602 _
3. OWNERS PHONE #: (HOME) (WORK) 919-755-2100
4. IF APPLICABLE: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER.
AGENT: Mr Keith Walsh 910-326-7000
Walsh Management Group Inc
PO Box 1234
Swansboro NC 28584
5. LOCATION OF WORK (MUST ATTACH MAP). (See attached plan, Survey For Keith Walsh, by Pate Phillips & Associates
Inc)
COUNTY: Onslow NEAREST TOWN OR CITY: Swansboro
SPECIFIC LOCATION (Include Road Numbers, Landmarks Etc): Wooded Southeast corner of intersection of NC
Highway 24 with NCSR 1444, behind Cliff's Muffler Shop, Swansboro Shrine Club, Swansboro VFD
6. NAME OF THE CLOSEST STREAM / RIVER: Freshwater portion unnamed tributary to White Oak River.
Qualifies as a headwater stream and therefore qualifies for NWP 26
7. RIVER BASIN: White Oak River Basin
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS 1, OR WS 2.
YES( ) NO( )
Unknown but probably has a local name, tributary outfalls into the first bay South of Swansboro in an
area that has traditionally been closed to shellfishing. DEM water classification listing refers to a small
area that is not SA but provides no bounds for accurate location. Copy of USGS topo grid attached to
identify site and outfall location.
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY?
YES( ) NO(X)
IF YES, EXPLAIN
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE US, INCLUDING WETLANDS, LOCATED ON PROJECT
SITE: 1.7 acres of positively identified wetlands have been delineated and surveyed.
(from 3/30/92 DEM Joint Form)
11. 14UNMER OF ACRES OF WATERS OF THE US, INCLUDING WETLANDS, IMPACTED BY THE PROPOSED PROJECT:
FILLED: 1.7 acres
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED: 1.7 acres
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS - S 1/2"*11" DRAWINGS ONLY): See attached exhibit maD,
and map entitled Survey For Keith Walsh (showing wetlands), by Pate Phillips & Associates PA. Detailed
plans are not presently available but a shopping center and office center complex is proposed.
Remainder reserved for stormwater detention basin, piping replacement of existing drain channels, and
buffer needed to accommodate extensive grading to fill site for access to NC Highway #24.
13. PURPOSE OF PROPOSED WORK: Shopping center and office 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.
The tract has a steeply rolling terrain that requires extensive cut & fill grading for vehicular access to
Highway #24 and construction of suitable buildings and parking areas. 60% of road frontage is
detention basins they are solely for the purpose of protecting downstream water quality. Extensive filling
of wetlands is required to establish finish grade elevations that will allow diversion and collection of
stormwater runoff to detention basin treatment system(s) that are drainable to existing runoff outfalls that
do not contain Section 404 wetlands.
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE
FISHERIES (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( )
RESPONSES SHOULD BE FORWARDED TO THE CORPS
Application mailed concurrently to National Marine Fisheries Service. Habitat Conservation Division.
Pivers Island, Beaufort, NC 28516. Telephone [phone]. (Tract canvassed for evidence of Red
Cockaded Woodpecker nesting habitat by Wayne Ragland and no nesting cavities nor critical habitat
found. No known endangered species or critical habitat are self evident on the parcel.)
16. YOU ARE REQUIRED TO CONTACT THE 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( )
RESPONSES SHOULD BE FORWARDED TO CORPS
Application mailed concurrently to State Historic Preservation Office. NC Division Of Archives And History,
109 East Jones Street, Raleigh. NC 27601.
(from 3/30/92 DEM Joint Form) 2
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON PROPERTY.
See enclosed map Survey For Keith Walsh prepared by Pate Phillips & Associates Inc.
B. IF AVAILABLE, REPRESENTATIVE PI-IOTOGRAPI-I 01-,'WI I'LANDS '1`O BE IMPACI'ED BY PROJT:CT.
No photographs available
C. IF DELINEATION IS PERFORMED BY CONSULTANT, INCLUDE ALL RELEVANT DATA SHEETS.
Delineation by Wayne Ragland Data sheet attached.
D. IF A STORIVIWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH A COPY.
Tract can not be developed for proposed purposes if wetlands can not be filled, therefore no detailed
plans for the site are available or will be designed in detail until such time as the extent of site
modifications that will be allowed under NWP #26 is determined. A storm water management design at
this time will be placing the cart before the horse in this case. All performance standards of applicable
storm water management requirements will be stringently adhered to during the site design and
construction once the extent of available site becomes known so that specific land users (lessors) can
decide if they will or can participate.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY?
Existing commercial properties to the Northwest, West and South and existing residential to the East.
Sole remaining undeveloped large tract in this urban block. The 2 immediate downstream riparian
owners along the same stream valley were developed by filling and piping the wetlands that were
originally located along a tributary of this stream on those tracts. Pipe constriction of flow has accelerated
adverse paludification of this parcel even though those parcels are "downstream" and supposedly
"subservient" to this tract under historical interpretations of common water law.
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
Swansboro central sewer.
W W L February 1, 1995
owner's signature date
Agent: Mr Keith Walsh
(from 3/30/92 DEM Joint form)

HUBERT QUADRANGLE
(USGS 7.s MINUTE SERIES)
1952, PHOTOREVISED 1983, PHOTOINSPECTED 1988
SCRLE: 1 "=2000"
MORMON. offa. -101=11/1"
Flamm
0 1000 2000 4000
n 'n
„ II
•`?•C `?? p c u II
u
SITE
JI ? ii II
`?j ISII ii •?? II \\
11
II
0 /i II 25 \ : •
II
__, a \\ I, .;.•• ?.
-00
0
14
24
t

/i
Foul
d •
Foul '" ^.-,Foul
,!'f Fo
oul
aybe"'
,29X- \v ..
o x
SWANSBORO QUADRANGL(
(USGS 7.s MINUTE SERIES)
1952
SCRLE:1"=2000"
ON 01,
0 1000 2000 4000
30 nnn,° ? I
e --
3/ ?
\ry 7 -
Io? Jones
Island
p
a Swansboro
2
/z A - fie, .
ol-ights Daybeacon b/
Foul
1 I
I ?
It -
13
151 •. ?E) ? ,
Li ht /
C) A
/ `\\ Dols v ~• D
49
Light `
` '? WATER
y?\
X/4
- \
'111'ry?I'I s l of Q e ? -?- - 9
RO? ?• SIT S//^?A\\\\ ?1SSEIDTIA1/1'/x'T - ?y J .i.l•? M •L
NWP 26 APPLICATION a 6
REQUESTED BY AGENT
WALSH MANAGEMENT GROUP INC
SHEET I OF 2
(` . /3

Sand
_ - /?/
J SHOPPING
I CENTER
HARDEES
existing culvert
NCS? j
CLIFF'S MUFFLER SHO
? 50
N 55 55
j ?. -50
EXISTING
CHURCH
MASONIC
Z 50 LODGE
existing culvert
Delineated Wetlands
existing culverts
prior channel locations
now culverted and filled
ti s

55
55
55
45
45 50
AMERICAN
LEGION
PROPERTY
1
NOTES:
(1) Total Tract = 8.71 Acres
(2) Total Wetlands = 1.73 Acres
(3) Boundary & Wetland Location From Pate
Phillips & Associates (12/27/94)
(4) Topographic Data From Barden Lanier &
Associates Inc, August 1972, BM Is Assumed
Daa?&d aaa ?Ualak 2V,%*age wwa Iwo lac
S-V ?V t y C R04&d,1127195
,?0
8
50
45 Qj4
45
50 N
-55
QW
$4
55 FORMER RESIDENCE
NOW USED
-50 FOR STORAGE
F-45 SWANSBORO VFD
N PROPERTY
OFFICE &
RETAIL COMPLEX
BUILT OVER PRIOR
CHANNEL LOCATION
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project / Site: Robert Sasser tract Date: Dec 1994
Applicant / Owner: Agent: Mr Keith Walsh, 910-326-7000 County: Onslow
Investigator: delineated by Wayne Ragland 910-347-9036 State: NC
Do Normal Circumstances exist on the site? Yes No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID:
Is the area a potential Problem Area? Yes No Plot ID:
(If needed, explain on reverse)
Agent: Walsh Management Group Inc, PO Box 1208, Swansboro, NC 28584
VEGETATION
WETLAND Dominant Plant Species, Stratum, Indicator
1. Uquidamber stvraflua Tr FAC+
2. Nyssa sylvatica biflora Tr 0131
3. Uriodendron tullpifera Tr FAC
4. Salix spp Tr OBL
5. Carpinus caroliniana Tr FAC
6. Ligustrum sinense Sh FAC
7. Woodwardia areolata GC 0131
8.
UPLAND Dominant Plant Species, Stratum, Indicator
1. Quercus falcata Tr FACU-
2. Pinus taeda Tr FAC
3. Uriodendron tullpifera Tr FAC
4. Quercus alba Tr FACU
5. Acer barbatum Tr UP
6.
7.
8.
Percent of Dominant Species that are OBL, FACW or FAC (excluding FAG); 100%
Remarks: At and near wetland delineation point Z10.
HYDROLOGY
Recorded Data (Describe in Remarks): Wetland Hydrology Indicators
_ Stream, Lake, or Tide Gauge Pf+reeyN+iEIieatere
Aerial Photographs Inundated
_ Other V Saturated in Upper 12 inches
No Recorded Data Available V Water Marks
Drift Lines
Field Observations: _
_d Sediment Deposits
_ Drainage Patterns in Wetlands
_ Depth of Surface Water: (in.) 91
_
_ Depth to Free Water in Pit: (in.) Oxidized Root Channels in Upper 12"
_

_d Depth to Saturated Soil: 6-12" (in.1 _ Local Soil Survey Data
FAC-Neutral Test
_ Other (Explain in Remarks)
Remarks: At and near wetland delineation point 7,10.

Revised to compare wetlands to uplands, 1/95 Approved by HQUSACE 3/92: (COPY)
WORKSHEET Fourth Versaon
WETLAND RATING '
.

Project name 12 S sS ?,c Dearest road Yl L (D \ -
County? Wetland area l .-33 acres Wetland width feet
Name of evaluator -=eJlSt?n Tate V ?J/ s l-
Wetland location :Adjacent ,land use
" (within:!/2 mile upstream, upslope,
on pond of lake or radius)

on perennial stream
Li
'. .:
'
'
- ,
al veg C/
L1 forested/natur etation
on inter it
strean-i
tant
within interstreru di1de
? ? agriculture, urbanlsuburban go
other'
? ? impervious surfaca'
---T

Dominant v egetation'
{

:
'
A

<
{??AlI1JZC
4-1

o
Soil
series
,
?
t (2)
i ? pj edominar,t(y . organic humus

F
pt

f
,
non-sandy
? predominantly mineral
? predominpntiy s inciy ;Flooding and wetness

:.
semlperrnanently -:,,to , permanently,
Hydraulic
; factors ood
? fled ?or inunc ated
?
, ? seasona
liy :flooded or, inundated
l

? steep topography ? intrmittantly,
'fioQdedor temporary_
,
? ditched or, channelized F., surface, water:
? total wetland:-width' '>100 feet ? no evidence of flooding or surface
water

Wetland type (select one)*
ED Bottomland hardwood forest El Pine savanna
5? Headwater forest ? Freshwater marsh
? Swamp forest ? Bog/fen

h
El Wet flat ? Ephemeral v:etland
? Pocosin ? Carolina Ba}, .
ED Bog forest El Other
` *The rating system cannot be applied to sa lt or brackish marshes or stream channels
n weight
W Water storage
4 aK x 4.00
_
Q Bank/Shoreline stabilization
x 4.00 =
I " Wetland Score
Pollutant removal sA
T x 5.00 = c
;
Wildlife habitat 4 x 2.00 =
Aquatic life value x 4.00 = CLt::'
Recreation/Education ° x 1.00
* Add 1 point i in sensitive watershed and > 10% nonpoint disturbance within 1 /2 mile upstream, upslope, or radius

57

{,11.M
1
C?re? ? ? - oti?
uv\+,!I Fib
,4
A-4-
Nc ay.
J.?
U4 4.,,- rVcu'JeAAW,?-O.
v
r
"/
?'10wf?
CXIS-:ld
i
f/? /
existing
HARDEES
j ShOi%:::illg
t Cc--:cr
Cliff S
I ?-ltlcn?-
Shop
r
JJ
existing
MARINE FEDERAL
BANK - 1.00 ac. cs
/ C
Jo --
14. 61 I ?
existing culvert 3 m IS v) `r _`. .
11 j
Cxlsttllg '
CHURCH
4?
Delineated Wetlands
existing culvert 4
40
i
existing culvcrt-
existing culvcrt 6---lE`
prior chalmcl locations '
now tulverted and filled
C t /•S ??/1 n
? CCOIq??,r^ .

cxi -c-'
' /??sf? - ?s s5
exislin? culvert 1
Z
1.26 acres 3
C\:. till`
? Alvo r. f
CI ? _
45
-4-5
?u
-50
u
55 -0
0 82 ac es _
7,?e ?rMJ/ .?-I
.,t - es
,,x`0.:82 f. ? I ?
45 50 `?{'.1t- r%''Yl/Je?v?iou?
F-Dperty
Tr
Y
v Cr - - 45
U VICCaiIl I.opcrty '
Office &
Retail Complex
Built Over Prior
NOTES: Channel Location
(1) Total Tract = 8.71 Acres
(2) Total Wetlands = 1.73 Acres
(3) Boundary & Wctlana Location From Patc
Phillips & Associates (12/27/94)
(4) Topographic Data From Barden Lan:cr &
Associates Inc, August 1972, Blvl Is r.ssumccl
2Uaewl nLa"4960cejci Cf7act i ?(z
s -? 2Ua,?cce Z'9a6,ud, 7113195
1 llJJyyr ?? v
V; ?J r 2• y i ,•
09-4 „C
Cj r` o„ 11 ?\?
'coonC°^O'e0°
?0, 11!'100000j,?UO
S-ATANS B"R O NC
Scale: 1" = 200'
0 100 200 400
SHEET 1 OF 1
AA
d ? ?D? BAD
5 35_4
y
M??dvn/ PAP ?
opO 7y
i4. ??84.3g.'?To
g? $? go- $ - 0 8 - ? _ - o,a4 !k
Nv°,
Svc?E
?' E pj I AL T
ED ?° r 1 M ; CO
m
Q ?^ 0
i cry Z4 ? 5 ? ` r?T?AL> ``'
5C', n
I,
8S
,ACESP
LcCa?o^1
2?? ,? ? -? ?° ? :D•°.? zio F? sit i
PRoP - ? `Sw?T I ?
a ?
I ors . EX. Go?Jc
io?.S'7 (-foTQL? Mot
( -
Pe ? Z? pt
PS ANJ, ?
.70
.. OS
17
.09
.71
t

.?? ?\ ? MASonI ? L LoDCgE
40
lD.b• 3B4 ?G.? SBT
'.0- Cx ((/ ?Q
-. 10 C. E VO
20
e9 JO'° [r 9 5 h 0
.. 74
. _? ? v4oP N
Peo?as
1.76 P •s
Q
_.27 i ST O
?. 06 ? Scp oo E _
.84
> ?T n in
y W
Z. 40
• sU '? '44 ? ?T Es o
°
70
18 ?M Ems- ' o
JJ
S.58
Ch mom'.- N 5° I O Sp r lc? Z 16 i ivro._-a?j (n c J
.a, 44
1.77 d. -r15s-I p-,E.0 ...1 G,Or'o
q 'e ap
.4.2Q
Q-
.6.76
-.4.76
Qi? Mt?srED P¢oP S?
?n y o
Q\ r
ZIOr N SS'10-50
N C. H Ir,HwAY 2
? rI? UL'Sc5 Z ??s-a.nlc?S A?? -'4KEH c?M A.
rwr .,
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
April 24, 1995
Regulatory Branch
Action ID No. 199501563 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Robert Sasser %Q?
Post Office Box 831
Raleigh, North Carolina 27602
Dear Mr. Sasser:
Please reference your application which was completed March 13, 1995, in
which you requested Department of the Army (DA) authorization to discharge
fill material into 1.73 acre of jurisdictional wetlands located above the
headwaters of an unnamed tributary to the White Oak River. The proposed fill
will be for the construction of a shopping center and office center located at
the southeast corner of North Carolina Highway 24 and State Road 1444 in
Swansboro, Onslow County, North Carolina.
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 by Nationwide
Permit #26.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with your submitted plans, the enclosed
conditions and provided you receive a Section 401 water quality certification
from the North Carolina Division of Environmental Management (NCDEM) and, in
the coastal area, a consistency determination from the North Carolina Division
of Coastal Management (NCDCM). You should contact Mr. John Dorney, telephone
[phone], regarding water quality certification, and Mr. Steve Benton,
telephone [phone], regarding consistency determination. This
nationwide permit does not relieve you of the responsibility to obtain other
required State or local approval.
This verification will be valid until the 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.
Pnnted on 0 Recycled Paper
.... 4L
-2-
Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. Steve Benton
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
?,Atf John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. Robert C. Stroud
ATTN: Janet Russell
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
~ -
6 ~ 'this certifies that this copy of this plat or ma a uatel identifies the delineated and SIT P ~ Y surveyed wetland 1444 Q pursuant to Section 404 of the Clean Water Act. as determined by the undersy ned on this die. This deten rveyed wetlands regulated
1434 based on site conditions observed on t g w ~.I~TLArJDS TABLE tits date and unless there is a change in the law or published re ll late. This determination is published regulations, this
~q5 w > determination may be relied upon fora er7od not to exceed three ears fro ~ ietermination was made in
LI ~E aE RI ~ plsr P } m tins date. Th>.s determination w X44.4 ~ F- ~ A conformance with the 1987 C s of E meers Wetlands Delineation A4anua _ °fF nK
15U ~ ~ A- X4 Stn I ~~.~H a IsIL . oTE. 4-X5 ~ ~:1E ;a
~ 150°1 Poi rl'(5 A - II,, ARE
1 r, C'' K1-88 ~ iti iu+ ~~9W ;H. PE, GoMPLI'rED }701r~'(S AILY. _ ixl (signature) - - ---(datej~---_--_ (date.---
Z k°i-xro s~t e~,w 7Et.-1
QwEErJ's CQEEK Y~o-><-u s,r. s_.E zt,.[~x, ~ Jeff icht Area 'oord star 'oord' ator
~ xu . xlz I .-:~r , . (print j title ( ~ (title)
r Xi3-xr4 sis ,,-la t~+ Xt4Xi5 sl:~ - o~~tl ~t.
X15•Xlfc B~M1 .''F '.fIB
XIV-zl +'a t~~ t~~l~l tl._. ~ E~1' ~ i< w zl-zz ue,a tt~tw :r,.nF~ Mg ~°D icinllTY MAP ~ s
LL-Zg rl~tG tsld ~tt.~+5 ~ F' U r (No ScgLE) Z3- z4 ra-t +~+vl +t:;. t ; \ y 8~, B D
Z4-z5 ris? sett ~~.+.w A ~ ~
zm-z7 s-+, n" ,,,u, °~n.-t ~ ~ i U x4 5
Z7_ B rr~~ .~:,I -t.~*~5 \ MASor11E- LopC~E X5 3S B c las:~ to sol~, le.h+, ti ~~F
c• zlo tars r+++ t ~r r,v. Q ~ (D 384 ~d 5S7) ~jti
ZII-zit ra.~ u3~ -.ara ~-1,-~7 Rb
E ZI3-ZI4 rat % t ~ r~trt: . t~~+ ~ON~ ~ E ~ WLt
Z14-ZI5 ri++' ~+ra 2?F n M0A/ ~ ~Q Xl McC-A
zl5-zlb rl~b ~~I °,,+~I ~+.~.e+~ z l0 ~ Zlw-zl7 rr"t ,gin t;ll U+t.t'~ ~ (r 5
o ~r 3 ~ p o ZI7-Z18 r1+,1 '~nl~l .SO ql S-~ ~ ~r12 Zl8-zl9 tn[~ iFf z:°at ZI ~ ¢F\ ~ X84. 3 g ~ 7-0
~Z19-D rain Ire .~~.ii ~~~.tv B W3 x8
E-F s-.°~ to .++~r~ t++;.__ !v
p tll vI 1~ F-w3 t nr I , ~ - ~4 x 8. lI A~~ ~G
w4--w5 I -Ir a.. ~ (D M D. MEt ~ Erb p 3
ws-w~ Isar t,, ~ v,~ .rJS ~ a W W1o-WT SIt I~ 34 PI h[+.91
Wl- WS `;t~~ t I 5(d~! +;.~+6 ~ ZINC N 00
WS-W~ sin °~~>F- ,~,,.en ~ xlo V
Wlo•WII u, '~f3 .LE hl. ?8 ~ ZIS yf ll ~,II y^ VV ~ NSS-Io-SovJ 32~.1~( ~
WIZ-W13 S4fl 'S .'+?f ~In ~j~~ ~ K12 vJ(t,
Wi3-W14 to°~b `9 i~;E_ '1.:~,:, ~ W1 _ wl4-WIC> It ~t :rt tar . ~ O
LJi5-Wlb ~u', ~_2 -~w ~~~.tr3 ~ zl4 N WIV-W11 IJ1' u: 57V~1 4P.`,;Et Zlo. p ~t5
WI7-allg ruo sttE r,n.~n ~ vJ0 113 ~
WIS-W19 rr.;~ ~s ~~r~r; at.- b, .-tJSS-lo-so U/ ~ W 19- WZo PP+; 2h `t5c S4. 3EI \ ~ N
WZA•V•121 Id~~4 °~f, ~'E °~4.2U / Q Z13 VJ~ ~(II State of North Coro6n° Count Wtl-WZ2 rm~; +.+^.ut ~,~i.-.n r ~ ° W14
r - ~ 14 I wzL U tl~+•, n ,I,t n. ~ X ~ z~i wl° ~ ' certify Choi this map wos drown G~- N ritr7 °,r +,+~+r :+a.-F, - Xi4
under my supervision from an actuot survey made under my supervision ~-A ~ in "~+i 'M1.~tt ~ WIZ W13 X15 6 ~~5 /~ME~iGA~ LE~io~l PRoP
' ~ ~ rJ F ZII Xib that the ratio of precision os calculated Dy latitudes and departures is / I~ ,that the boundaries not surve ed are shown a MILSTED PRoP X ~ b (D. ~ Z i o Pc-~ . Sol )
Y s broken W X73 ACRES (WETLAr~DS) d lines plotted from information found in Book ,page ~ ~ d' m
lIl Ztp (D.M D. MEYFjoD~ ~ That this mo wos ' , p prepared in accordance with GS 47-30 as amended - Q~ - Z Z
WITNESS my hand and seal this ~ b z5 4 ZI ~ day of Ig_
~ Zj ZZ ~ I R/wl c zl zz.
~ EX. Gorlc.
- _ ZIO+ N 55-I o- o l3 fo8°i.5? ~ (TorAL) E S W N SIGNATURE Mort.
Land Surveyor ~
wAY 24 goo ~ ~ ~ ~ ~
Registration Number ~
lul
'U (J oT E
~ r/ COURSES ~ D15Tp,nJGES ASE TAKErI FROM A
MAP FoR l~AKP~oIJR Assoc. i P~E~A~Ep gY j{~,,.,`d~ q }yV"' ~,cC r p [4 ,,3} to 4~y{g.
State of North Carolina County ~ BA~DE~ LAN!ER I~ Au US7 I~IZ.. i I aL i.1 1'v' I I SL ki)"Iii 1"A
v I' ,Notary Public do hereb
certify }hot y me this day and acknowled ed the Personally appeared before
9 due execution of the foregoing document pt{%~",~~^4'10 Q p P p gd'"54 gip{ pg
Witness my hand an official seal this do of
Y , Ig__
..ob,
}
y SURVEY FOR
Notary Public
0 rt ; '
0 My Commission Expires s KEITH WALSH-
~ -~y'
~J SwAIVS SWANSBORO TWSP. ONSLOW CO., N.C.
.Q OT ~OR DECD I RD
l~ ~ _ SCALE ~ATIo of P~EGlslotJ ~ I to ooo-f- SCALE I" = 100' DECEMBER 27, 1994
/ ,
P(CE~IMItJARY ONLY
n
LEGEND
a • Exishnq Iron Pipe
0 Iron Pipe Sef (Unless otherwise designated 1 o ? Exishnq Concrete Monument
m ° ~ Concrete Monument Set PHILLIPS and ASSOCIATES, P.A.
i
u Zone
0 o Tax Parcel
0 ~ loo 50 0 lop 200 3
~ Swa nsbor RECORDED C bor North Carolina
~ OUNTY BOOK PA GE
SCALE IN FEET Project No. 94 - 3Sc~