19980590 Ver 1_COMPLETE FILE_19960903

nz?,zt 5weol
Y"d a&.zaylel
9Lt 0/ 146 2522
*1d6kW a, ?YowA Vacokw 2s4m
3d'. 910-452-0001
966 rig.' Raw.
9(! 99&1,A...M...ioon
Y. Jae.
January 4, 1999
Mr. John Dorney
NC Division of Water Quality and
4401 Reedy Creek Road
Raleigh, NC 27607
RE: Newport School Project
Dear John and Joanne:
JAN 71999
4
.-.?1tK RLIIY Srrr;
Suite M
91 t g.k
3805 ?4.i?lstovi!!e ,
Vd6iW#tnn, . M 28403
Ms. Joanne Steenhuis
NC Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
I am writing to request dates that you both would be able to discuss the above
mentioned project. As you are aware, we have submitted a revised mitigation plans
based on the comments received at the agency meeting which took place on October
30, 1998. Please either call 910-452-0001 or fax [phone] and let me know dates
when you will be available and I will coordinate getting us together. We can either
meet in Wilmington, Raleigh, or in Newport again if necessary. ?-?
Thank you for your assistance in this matter. Please contact Larry Baldwin or me if you
have questions. I look forward to hearing from you soon.
Sincerely:
4arley
Paul M. Wetland Scientist
cc: Pat Joyce
Y-aftd a&MV6M4e4W 5WMA, J'IW.
At C Ax 2522
*1dmiy&a, ./IroWA %WAw 28402
.117e? 9>0-452-000,-
9&&d 2. 140a
Y.Y ' aL"W.
?X! ?c ..d?ouiao?c
`Boos Jwna
December 7, 1998
MEMO TO:
MEMO FROM
RE:
John Dorney
Paul Farley
Newport Schoo Project, Carteret County
C/
A
a.g
secs Vil8/e&VI&.
wd" .fB 28403
John - here is the revised proposal for the school tract in Newport. We have attempted
to minimize in the areas you requested, added additional areas to the stormwater
system, added a creation area east of old highway 70, eliminated the silviculture
statement on the Sheep Ridge Tract, and added a section on the land transaction. We
have also added information on the avoidance/alternative sites issue, including a letter
-• from the school superintendent in the appendix. We have also included the computer
data and sections on monitoring in the standard format.
We would like to set up a time to review the revisions with you and Joanne (I will send
a copy to her also). We can either meet in Wilmington, Raleigh, or Newport.
Thank you for your help with the project. Please feel free to call me if you have
questions.
cc: Pat Joyce, M&J

c, ._\e 5

Aa M

State of North Carolina
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
1 ? •
=sop
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 1, 1999
MEMO
TO: John Dorney - Wetlands Group
FROM: Joanne Steenhuis - Wilmington Regional Office -`'
SUBJECT: Review of Compensatory Mitigation Plan for the Newport School Tract
This office has reviewed the revised mitigation plan for the Newport School site and has no real objection
to the project as proposed. This office does question the allowance for the 401 acres of preservation in the Sheep's
Ridge Tract that is already property owned by the Forest Service, but even without this, the mitigation would be
sufficient.
cc: WiRo

?.r f?. I -Ll n
5
s
L!B " 51999
WETLANDS GROUT'
s WATFR OUALITY SECTII .
127 Cardinal Drive Extension, Wilmington, NC 28405 • Telephone [phone] • Fax 910---
An Equal Opportunity Affirmative Action Employer
State of Nodh Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
1?•
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
November 4, 1998
Mr. Pat Joyce
Mr. Danny McQueen
M & J Investments
PO Box 190
Newport, NC 28570-0190
Dear Mr. Joyce and Mr. McQueen:
Re: Newport school/commercial site
DWQ # 980590, COE # 199801870
Carteret County
As we discussed at our meeting and in the field on October 30, 199 "
following items will need to be addressed before a 401 Water Quality
Certification can be issued for this project. The meeting and field visits on
October 30, 1998 were very helpful in DWQ's understanding of this project
its importance to the Newport area and Carteret County school district.
(1) Final site plan - As we discussed a final site plan depicting prop(
buildings, associated parking and access roads needs to be subr
to justify the proposed fill. Also as we discussed, plans for the
residential and well field/water tower for the tracts to the east of
Chatham Street (SR 1247) should be shown on this plan.
(2) Minimization - As we discussed in the field additional minimization
should be shown especially in the central wetland to allow addition
area for stormwater assimilation.
(3) Mitigation - _ f- -

b) Sheep Ridge tract - Please submit detailed results of the complete
modeling done on this tract to ensure that sufficient wetland
restoration will occur to meet our required 1:1 ratio. Monitoring of
the success of mitigation will also be needed. Finally the revised
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
mitigation plan should make it explicitly clear that the tract has
belonged to the US Forest Service for some time and that
intensive silviculture is not practiced on this tract.
4. Conservation easements - These will be needed on all mitigation
areas and wetlands preserved for stormwater assimilation to ensure
long-term protection.
A revised application and mitigation plan should be sent to DWQ and
other agencies to answer these questions. Until these items are received by
DWQ, our processing time will not start and your project will remain on hold.
Please call me at 919-733-1786 if you have any questions.
In ely,
Jo n R. Dorney
cc: Larry Baldwin; Land Management Group
Mickey Sugg; Wilmington Field Office Corps of Engineers
William Wescott; WRC
Joanne Steenhuis; Wilmington Regional Office
Donald Kirkman; Carteret County Economic Development Council
John R. Domey
Central Files
imap://john. dorney %4Odwq.denr.ncmail.net @ cros. ncmail.net:14.
Subject: Re: Newport School Site
From: Edward Schwartzman <[e-mail]>
Date: Tue, 11 May 2004 10:18:23 -0400
To: John Dorney <[e-mail]>
John,
If you go down to the Newport Site, check the stormwater channel that
flows from the wet detention pond by the school to the adjacent wetland.
They finally rerouted the stormwater into the wetland but I still don't
know if it's 100% effective. Also, there should be pitcher plants coming
up in the open swale and in the edge of the pine flatwoods by the large
remaining wetland where we sampled. (\ yA
Ed

1 of 1 5/11/04 5:16 PM

Aug 02 04 02:03p
151-A Hwy 24
Morehead City, NC 28557
252-247-7479 Phone
252.247.4098 - Fax
STROUD ENGINEERING PA 252 247 4098 p.1
Stroud Engineering,
Fcax.,
4
To:c ?jf+1::.;c;Ji1y? ??t`i - l33 E,373Frorn:
Fax: Pages:
Phone: Date: ?5 / 2 L 014f
Re. & V< L
? Urgent ? For Review ? Please Comment ? Please Reply ? Please Recycle
• Comments:
AUG-2-2004 MON 13:38 TEL:[phone] NAME:DWO-WETLANDS P. 1
Aug 02 04 02:03p STROUD ENGINEERING PR 252 247 4038 p.2
STROUD ENGINEERING, P.A.
1.7 CONSULTING ENGINEERS
1.7 HESTRON PLAZA TWO
151-A HWY. 24
MOREHEAD CITY, NORTH CAROLINA 28557
[phone]
TO: MS. LINDA LEWIS, NCDWQ-STORMWATER, WiRO
VIA FAX- 910-350-2004
MR. ED SCHWARTZMAN, NCDWQ- WETLANDS SECTION
VIA FAX-919.733-6893
FROM: RONALD D. CULLIPHER, P.E.
DATE: AUGUST 2, 2004
RE: NEWPORT TRIANGLE TRACT- SW8 020830, DWQ#98-0590
PLEASE FIND ATTACHED SKETCHES SHOWING PROPOSED MODIFICATIONS TO
FACILITATE HYDROLOGY TO THE ADJACENT WETLANDS. WHILE DELINQUENT, IT IS MY
UNDERSTANDING THAT THIS IS WHAT ED AND I DISCUSSED.
PLEASE REVIEW AND LET ME KNOW HOW TO PROCEED.
107 COMMENCE ST.
SUITE 13 102-D CINEMA DRIVE
GREENVILLE, NO 27858 WILMINGTON, NO 28403
[phone] [phone]
AUG-2-2004 MON 13:38 TEL:[phone] NAME:DWQ-WETLANDS
HESTRON PLAZA TWO
151-A HWY. 24
MOREHEAD CITY, NC 28557
[phone]
P. 2
Aug 02 04 02:04p STROUD ENGINEERING PR 252 247 4098

? r
?? •\ fC
^:'w_'
•?r-? _ n
X
11 ?
? \i
' >.'
f. I r/)
r /; I
'
/ /
/It I
_
i i ,
G
1

I
.-.r

'\T ----- -----? -----------
---------------------

e
Y r
,mss 1 ,?;f; ?ry±

40
??? •? ?? ??1 `\\ \ / i _ r 'iii •p O•K ?{?,

Ii
p.3
I,." I IIII?II i
?'i?= I lilt I
' 'rl;:ill
llill
lli
I i:
?II'fl1
I' III 11j???
\ III II
I r??lll'??I
i I1,1? I
T.?
;?? II II 1 I
II II'
Il, III 1
I,lil I k
I II I' jl' q
b;? I I. I I? I.
!1411 III i. ?.
!III `
i II II I?
11 II I'
p 11111
i aI, I?
i ;I?III?
I r ?rl I i
I III??I.
l , lil' I?
I
, I
I'?', II II
I'11
I I Ili I
I III! ;I
I I I!Ij'I
? ' i IIII j
I 1 ,,Uli?
E i I Ilr.
1 Il;l
I I1 li
I
N
d
a
r
m
0
s
s
AUG-2-2004 MON 13:39 TEL:[phone] NAME:DWO-WETLANDS P. 3
Rug 02 04 02:04p
I?
2
JT?
1
M
o

--r
252 247 4098
EXISTING W11CP
INV. IN 20.03
:NV. OUT 26.74
p.4
Cy
Q ThrA -
M
4sR
Po
129---
.1.
`-
`'?
100,
STROUD ENGINEERING PR
N y' ?V „o ! J ul 'i •p J
? f 3` r
r
r
/
4y
r f
? 0 1
/
\ r(
1V FE29.?i
/ND FLOW / i
10UT1ON
. SEE DERAIL
f
II J/
i
i
FE29.5
J /
10 /
1 /
/
i
i
SCalc 1''= lobr
AUG-2-2004 MON 13:39 TEL:[phone] NAME:DWO-WETLANDS P. 4
Aug 02 04 02:04p STROUD ENGINEERING PA 252 247 4098 p.5
N Tje rA,, ---
Sl+ 3 O F3
LINE THIS PORTION OF
SCALE WITH PYROMAT
EROSION CONTROL LINING
i .-r 10.0' . 5.0'
TLAND I jp,RIF-S

1.0`

10.0'
31.0
1 SLO
WETLAND FLOW
DISTRIBUTION SWALE
SCALE: NTS
AUG-2-2004 MON 13:40 TEL:[phone] NRME:DWO-WETLANDS
ARIES
P. 5
I
REVISED COMPENSATORY MITIGATION PLAN
? FOR THE NEWPORT SCHOOL TRACT

I
Prepared for:
M&J Investments
Newport, North Carolina
Prepared by:
?
1
1
1
0
Land Management Group, Inc.
Wilmington, North Carolina
Job # 04-98-072
Revised December 3, 1998

TABLE OF CONTENTS
0
...................................iii
LIST OF FIGURES ................ .
LIST OF TABLES .....................................................iv
G INTRODUCTION ..................................................... 5
LAND TRANSACTION AND CONTRACTUAL OBLIGATIONS .................. 7
PRELIMINARY WETLAND STUDIES ..................................... 9
NEWPORT TRACT .............................................. 9
SHEEP RIDGE TRACT .......................................... 10
Background .............................................. 10
Computer Delineation ...................................... 11
OCEAN TRACT ................................................ 11
1
IMPACT ASSESSMENT ............................................... 11
ALTERNATIVES, AVOIDANCE AND MINIMIZATION ........................ 12
MITIGATION ........................................................ 14
REQUIRED MITIGATION RATIOS ................................. 14
NEWPORT TRACT MITIGATION .................................. 16
Creation Mitigation ........................................ 17
Enhancement Mitigation .................................... 17
SHEEP RIDGE TRACT MITIGATION ............................... 18
Restoration Mitigation ...................................... 18
Preservation Mitigation ..................................... 18
OCEAN TRACT ................................................ 19
MONITORING PLAN AND SUCCESS GOALS ............................. 19
REFERENCE POINTS.. ' ' ........ ............................... 20
HYDROLOGY MONITORING ..................................... 20
VEGETATION MONITORING ..................................... 21
MITIGATION IMPLEMENTATION SCHEDULE ............................. 21
SUMMARY ......................................................... 21
FIGURES AND TABLES ............................................... 25
0 APPENDIX ......................................................... 34
P
P
1
R
1
1
1
It
LIST OF FIGURES
Figure 1. Vicinity map of all three tracts ................................... 21
Figure 2. The White Oak River Basin ..................................... 22
Figure 3. Wetland map of the Newport Tract . .............................. 23
Figure 4. The Sheep Ridge Tract ........................................ 24
Figure 5. U.S.G.S. topo map of the Sheep Ridge Tract . ..................... 25
Figure 6. The Ocean Tract ............................................. 26
Figure 7. Site development plan for the Newport Tract . ...................... 27
Figure 8. Ratio boundaries based on distances from "blue line" stream. ......... 28
Figure 9. U.S.G.S. topo map of the Newport Tract ........................... 29
Figure 10. Reference point at the Newport Tract . ........................... 30
Figure 11. Reference point at the Sheep Ridge Tract . ....................... 31
0
IV
0
P
I

P
0
0
0
LIST OF TABLES
Table 1. Attendees of October 30, 1998 meeting ............................ 32
Table 2. Mitigation (A) required by DWQ ratios and (B) proposed by applicant .... 33

5
1 INTRODUCTION
M&J Investments (applicant) is proposing to develop a 153.36 acre tract (The
Newport Tract) for the construction of two schools with associated infrastructure and
i
commercial retail development to offset the cost of providing the school property. The
schools are needed to ease overcrowding at the on the Broad Creek School District
1 from the Newport area. The Newport Tract is located between U.S. Highway 70, Hibbs
Road, and Old Highway 70, south of Newport, North Carolina (Figure 1). This tract
contains 50.53 acres of jurisdictional 404 wetlands and 0.47 of isolated wetlands. The
wetlands are linear depressions running approximately east to west and are bisected
by Highway 70 and old Highway 70. The applicant is acting as agent/developer for the
Ilk Carteret County School System (School System) and the U.S. Forestry Service(Forest
Service).
The applicant has worked closely both the School System and Forestry Service
! in acquiring the school site. The school system favored the Newport Tract for the
school site but the Forest Service could not sell the property directly to the School
System. Therefore, a land transaction was arranged where the applicants purchased
another 270 acre tract (Ocean Tract, Figure 1). The applicant was then able to barter
this tract for the Newport Tract and the opportunity to use another Forest Service Tract
0 (The Sheep Ridge Tract; Figure 1) for wetland mitigation. Details of the land
transaction will be outlined in a later section.
The School System considered a total of six tracts before determining that the
1
Newport Tract was the best available tract. Unfortunately, the School System cannot
6
1 afford to acquire the entire property. The applicant therefore proposes to add
commercial and retail development in other sections of the tract in order to offset the
costs and associated risks of developing the tract. A copy of the applicants contract
r
with the School System is enclosed in the Appendix.
Wetland impacts have been maximized to the maximum extent possible in order
1 to complete the site plan. However, 37.63 acres of wetland impact are unavoidable to
complete the site plan. Therefore this mitigation plan was developed to mitigate for the
wetland loss. The plan was developed to meet both Corps and North Carolina Division
1
of Water Quality (DWQ) specifications.
Compensatory mitigation will be developed both on-site and at the Ocean and
1 Sheep Ridge Tracts. All three tracts are located within the White Oak River Basin
(Figure 2).
On-site mitigation will be composed of 12.90 acres of enhanced wetlands and 0.47
1 acres of wetland creation . These wetlands were designed mostly to create a large
block of unaltered wetlands in order to meet a DWQ request. All mitigated wetlands at
the Newport Tract will be incorporated into the final stormwater management system for
1
the tract.
The Sheep Ridge Tract located within the Croatan National Forest in Craven
1 County and is adjacent to the Sheep Ridge Wilderness Area. The tract is composed of
460 acres of short pocosin which was ditched in the past. Roads were added along the
ditches. A total of 59.00 acres of drained wetlands will be restored with all remaining
1
wetlands preserved.
7
0 Composed of approximately 307 acres, the Ocean Tract contains 190 acres of
wetlands. These wetlands are composed of both mineral/organic soil flats and Carolina
Bays. The tract will be donated the Croatan National Forest and preserved.
I
The creation area of the Newport Tract and the restoration area of the Sheep
Ridge Tract will be monitored for five years with annual reports submitted to both the
0 Corps and DWQ.
This proposal represents a modification of the original plan based on the input of
a meeting between the applicants, Land Management Group, and various government
F
agencies on October 30, 1998. A listing of individuals attending that meeting is shown
in Table 1.
1
LAND TRANSACTION AND CONTRACTUAL OBLIGATIONS
The applicant acquired the Newport tract by trade with the Forest Service after
the applicant conveyed their ownership of the Ocean Tracts to the Forest Service. The
Forest Service was eager to trade the Newport Tract, as it was a relatively small out-
parcel of the Croatan, surrounded by public highways and private development, making
effective silvicultural and wildlife habitat management difficult. The Ocean Tract is
larger and contiguous with other Forest Service block land holdings. A final condition
of the land transaction is that the Forest Service will provide the Sheep Ridge Tract for
wetlands restoration and preservation as part of the mitigation requirements to offset
the unavoidable wetland losses within the Newport Tract. The applicant is responsible
for complying with all conditions of the mitigation proposal. The "purchase sale"
8
0 contract is enclosed in the appendix.
The Carteret County Board of Education (School Board) is the third party
involved in the transaction. The school board is purchasing 50.26 acres for both a
1
middle and elementary school campuses.
The applicant is the legal entity through which the land trade was performed.
1 The purchase agreement calls for a projected school opening of August, 2000. The
applicant is selling the school property below cost, thus any profit to the applicant will
come from future sales of the balance acreage for the private development.
1
The "purchase-sale" contract and list of performance criteria are shown in the
appendix.
1
PRELIMINARY WETLAND STUDIES
NEWPORT TRACT
1 The Newport Tract consists of 153 acres. The wetlands were delineated by
Land Management Group in the spring of 1988. Mr. Mickey Sugg of the Corps
approved the delineation on April 17, 1998 (Figure 3).
The wetlands on the tract compose a gradient between mineral/organic soil flats
and where headwater wetlands begin to form. The majority of the ecosystems drain
11 east under old highway 70, although the northern most wetland system drains to the
west under Hibbs Road.
Anthropogenic impacts to the tract are quite substantial. A CP&L transmission
line bisects the tract east to west near the north end of the property. All wetlands have
9
1 been bisected and surrounded by roads, N.C. DOT drainage, and previous forest
service practices of bedding and minor drainage within the tract.
1
SHEEP RIDGE TRACT
Background
r The Sheep Ridge Tract (Figure 4) was evaluated by Land Management Group in
April 1998. The site is bounded on four sides by drainage ditches and woods roads.
The boundary ditches are approximately 6' deep and 8' wide. However, the tract is not
1
currently in intensive silvicultural production. The woods roads are approximately 30'-
50' from ditch to ditch. The tract is located on a topographic high (Figure 5) so the
filled ditches will not impede drainage higher in the watershed. The dense nature of
the vegetation will provide a barrier to potential damage to the tract by vandals. The
tract is also located adjacent the Sheep Ridge Wilderness Ares, thus providing an
abundance of suitable reference areas for monitoring purposes. While having the tract
included as a Wilderness Area may prove legally impossible, the preserved tract will
basically serve the same function as if it were part of the wilderness area.
Computer Delineation
1 Computer models (DrainMod and Aral) were used to analyze drainage effects
based on the depth and width of ditches, precipitation, soil properties, and other
factors. The models show a 50'-20' drainage effect from ditching. The total area
1
drained, including roads, ditches, and drainage effect is 59.0 acres. A more aggressive
10
? approach was deemed unnecessary since this met the restoration requirements. The
computer data is in the appendix.
f
OCEAN TRACT
Land Management Group delineated the wetlands on the Ocean Tract in 1994
? (Figure 6). The tract was acquired originally as a school tract. Of the 270 acres, 190
were determined to be jurisdictional 404 wetlands.

IMPACT ASSESSMENT
? The site development plan (Figure 7) shows a total of 37.16 acres of impacted
federally jurisdictional wetlands and to 0.47 acres of isolated wetlands. Approximately
one third of the tract is associated with school development. Middle and elementary
schools, both off which will house 900 students and staff will be located on site along
with football, soccer, softball, baseball and elementary play fields. Fill is also needed
? to complete bleachers, access, dugouts, concessions stands, and drainage swales
associated with the playing fields. Fill is also needed for building space and parking for
the associated commercial development.

ALTERNATIVES, AVOIDANCE AND MINIMIZATION
The Newport Tract was deemed the best tract available for the needed new
r
schools for several reasons. The Carteret County Board of Education favors the tract
11
? for the new schools. Four other tracts were considered. The Newport Tract was
deemed to be the most desirable of the four. A memorandum by Dr. David Lenker,
Superintendent of the Carteret County Schools is enclosed in the Appendix. This letter
t
outlines the reasons for choosing the Newport Tract as opposed to one of the other
tracts.
? The applicant has strived to avoid wetland impacts whenever possible.
Unfortunately, no tracts were available which did not also contain substantial wetland
areas. As Don Kirkman of the Carteret County Economic Development pointed out at
the October 30 agency meeting, substantial government land holdings in the roatan
limit development in the Morehead/Beaufort/Newport Area. The commission favors
? development along existing roads and containing development in areas which will not
require creating extensive transportation/utilities infrastructure.
The applicant has also attempted to minimize wetland impacts to the greatest
0 extent possible. However, wetland impacts were unavoidable to complete the site plan
for both the school portion and commercial development.
? The applicant has agreed to redesign the commercial site plan in response to
the agencies requirement for further wetland impact minimization than originally
proposed. The wetland impacts have been reduced from 42.53 acres of impacted
wetlands (42.06 acres jurisdictional, 0.47 acres isolated) to 37.73 acres (37.16
jurisdictional, 0.47 acres isolated). The amount of enhanced wetlands has increased
from 8.0 acres to 12.90 acres. The applicant has also proposed to create an
1
additional 0.41 acres of wetlands on-site. Per the request of DWQ, the site plan was
12
/ further modified to ensure that the on-site enhanced and created wetlands would be
part of a larger block, rather than in fragmented ecosystems. The remaining wetlands
will be incorporated into the final engineered stormwater management system.
1
MITIGATION
/ A total of 663.31 acres of wetlands will be restored, created, enhanced, or
preserved as part of the mitigation plan. A total of 80 upland acres will be preserved as
part of the Ocean Tract. An additional 17 acres have also been added to the Ocean
/ Tract which were not mentioned in the previous mitigation plan. The upland/wetland
ratio of this area is not known so it will be considered upland in this document. Some
1 or all of this additional area may be wetlands. The final ratio of wetlands mitigated to
wetlands impacted is 17.63:1. When the preserved upland areas are added, the ratio
becomes 20.20:1. This ratio far exceeds those required by the Corps or DWQ.
1
REQUIRED MITIGATION RATIOS
Published mitigation requirements for the impacted wetlands were reviewed fro
1
project compliance. Th requirements of DWQ (based on distances from "blue line"
streams) were more restrictive than the replacement requirements mandated by federal
P guidelines. Therefore, DWQ requirements were utilized in the project. Figure 8
represents how the wetlands were classified utilizing this system. At the Oct. 30 site
visit, John Dorney and Joanne Steenhuis of DWQ determined that the marked stream
1
on the U.S.G.S. topo map (Figure 9) does not actually exist. Nevertheless, the ratios
13
0 were determined based on the presence of a stream. If the stream were not shown on
the topo map, the mitigation ratios would be substantially lower. If restoration alone
were utilized , a total of 75.63 acres of restored wetlands would be needed to offset the
t
wetland impacts (Table 2.) However, that amount of restoration is not available at the
Sheep Ridge Tract and no restorable wetlands are present at the Newport Tract or
0 Ocean Tract. Only 59 acres of restorable wetlands is available at the Sheep Ridge
Tract. Utilizing the available ratios, this amount of restoration offsets only 31.05 acres
of wetlands. Therefore, creation, enhancement, and preservation will be utilized in that
0 order. A total of 32.36 acres of preservation is required after the creation and
enhancement mitigation is utilized. the overall required ratio of wetlands mitigated to
wetlands impacted is 2.85:1. Thus the actual mitigation area exceeds the required
mitigation by more than 655 acres.
0 NEWPORT TRACT MITIGATION
The on-site mitigation efforts at the Newport Tract include both wetland creation
1
and wetland enhancement. A total of 0.47 acres of wetlands will be created adjacent to
an existing wetland (Figure 7). The adjoining wetland was previously altered by
adjacent property owners. A total of 12.9 on-site wetland acres will be enhanced
P through incorporation into the overall stormwater management system (Figure 7). The
1
enhancement areas represent the lower areas of the wetlands where they drain off-site.
Storm water retention ponds and/or drainage flow will be located immediately above the
wetlands. The system will be designed to meet DWO stormwater plan specifications.
14
0
I
P
b
10
P
The wetlands were chosen as probably having the highest suite of water quality
functions of any wetlands and therefore best able to aid in water quality maintenance
downstream from the tract. All created and enhanced wetlands will be preserved
through conservation easements. The easements will be recorded with the Register of
Deeds ensuring that the protected wetlands will be preserved in perpetuity. M&J
investments will retain title to preserved property.
Creation Mitigation
A total of 0.41 acres of wetlands will be created on-site. The creation area will
be excavated to the natural grade of the existing wetlands. Organic strippings from
adjacent impacted wetlands will be placed in the creation area. As the created wetland
will add area to the wetland system which will receive the majority of stormwater on the
property, it is anticipated that the created wetland will easily meet the wetland
hydrology criterion.
A total of 216 trees will be planted on even centers in the creation area. The
0
P
species composition will be an equal proportion of Acer rubrum, Nyssa sylvatica, and
Pinus serotina bare root seedlings.
Enhancement Mitigation
The enhancement wetlands (Figure 7) were designed in intact blocks in order to
0
preserve wetland ecosystem integrity. Stormwater ponds will be designed above the
wetlands with the outflows sheet flowed into the wetlands. This basic idea will be
15
/ incorporated into the final engineered stormwater plan. The enhanced wetlands will be
preserved in perpetuity through appropriate legal covenants. The applicant will retain
1
title to the enhanced wetlands.
SHEEP RIDGE TRACT MITIGATION
/ Mitigation at the Sheep Ridge Tract will be composed of restoration and
preservation mitigation. A total of 59 acres will be restored with the remaining 401
acres being preserved.
1
Restoration Mitigation
A total of 59.0 acres of drained wetlands will be hydroponically restored. The
perimeter drainage ditches will be entirely filled, restoring hydrology. The fill material
will come from the road system which currently circles the entire tract. This will also
1 make the tract impenetrable to trucks, dune buggies, humvees, and other all terrain
vehicles. The roadbed areas will be allowed to naturally revegetate from surrounding
plant and seed sources. The restoration area will then be preserved as part of the
1
Croatan. The applicant assumes all responsibility for the mitigation success.
/ Preservation Mitigation
The remaining wetlands of the Sheep Ridge Tract will be preserved as part of the
Croatan. This agreement was part of the land transaction between the applicant and the
forest service which will allow the applicant to acquire the Newport Tract.
16
0 OCEAN TRACT
All wetlands on the Ocean Tract will be preserved as part of the Croatan National
Forest. As With the Sheep Ridge Tract, this agreement was part of the original land
transaction agreement.
MONITORING PLAN AND SUCCESS GOALS
The creation area at the Newport Tract and the restoration area of the Sheep
Ridge Tract will be monitored for five years or until the project is deemed successful.
b Monitoring efforts will concentrate on hydrology and vegetation establishment at the
Newport Tract and hydrology establishment at the Sheep Ridge Tract. Annual reports
will be submitted to both the Corps and DWQ. Each report will consist of a simple
narrative with data analysis and reports on successful and problem areas.
Photographs will be included. Monitoring will be terminated once the project is deemed
10 successful. If the project is not deemed successful at the end of five years, a
P
contingency plan will be implemented with assistance and input of all concerned
agencies.
REFERENCE POINTS
R Reference points will be established at or near both the Newport Tract and
b
Sheep Ridge Tract (Figures 10 and 11). These points will be used in the hydrology
monitoring program. A shallow groundwater monitoring well will be established at each
point.

17
HYDROLOGY MONITORING
Shallow groundwater monitoring wells will be installed at each reference point.
The wells will measure the depth to the water table once daily. The success goal of
0 hydrology establishment will be the establishment of a static water table at or within
12" of the soil surface for 5%-12% of the growing season during periods of normal
0 precipitation. The success criterion will be either the establishment of a water table at
or within 12" of the soils surface for 12% growing season or the establishment of a
1
1
hydroperiod as least as great as that of the appropriate point.
VEGETATION MONITORING
Due to the small size of the creation area, the entire area will be sampled with
sample plots being unnecessary. A 70% survival rate, including acceptable volunteer
species, will be considered successful. This criterion will meet Corps specifications which
1 require a minimum of 320 trees per acre for mitigation success. Pinus taeda and
Liquidambar styraciflua will be not be considered acceptable volunteer species.
1
MITIGATION IMPLEMENTATION SCHEDULE
Pending permit approval and weather permitting, the excavation of the creation area
0 at the Newport Tract and the ditch filling at the Sheep Ridge Tract will be complete by
October 31, 1999. The vegetation planting will be completed prior to February 28, 2000.
The well monitoring process will begin by that date. Both the Corps and DWQ will be
r
notified once these processes have been completed.
18
1 SUMMARY
M&J Investments has entered a contract with the Carteret County Board of
Education to acquire land and provide infrastructure for two schools at the Newport Tract
1 in Carteret County. Several sites were considered by the School Board with the Newport
Tract being determined to the most desirable. The Newport Tract was owned by the
1 Forest Service who could not sell the land directly to the School Board. Therefore, the
applicant proposed to barter the Ocean Tract to the Forest Service in exchange for the
Newport Tract and the right to use the Ocean Tract for wetland mitigation. To offset the
1 cost of land acquisition, the applicant has proposed private development on the remaining
portion of the Newport Tract. Wetland impacts have been minimized to the greatest extent
possible. However, 37.63 acres of wetlands impact are necessary to complete the site
1
plan.
The applicant has proposed to enhance 12.90 acres of on-site wetlands by
1 incorporating these areas into the overall site stormwater management system. A total of
0.47 acres of wetlands will be created on-site. A total of 59 acres of drained wetlands will
1
be restored at the Sheep Ridge Tract with the remaining 401 acres being preserved. The
entire Ocean Tract will be preserved. The mitigation proposal calls for a total of 760.3101
acres of overall mitigation for every impacted acre: a 20.20:1 ratio.
1 The restoration and creation areas will be monitored for five years. The Forest
Service will own the Sheep Ridge and Ocean Tracts. The applicants will retain ownership
of the enhancement and creation areas of the Newport Tract.
The applicant believes that the large mitigation ratios and mitigation quality will
19
0 offset the wetland impacts at the Newport Tract. The effort represents a "win, win, win,
win" situation for the applicant, the School Board, the Forest Service, and the school
children of Carteret County.
1
PLEASE REFER ANY QUESTIONS REGARDING THIS MITIGATION PROPOSAL TO
EITHER PAUL FARLEY (910)-452-0001 OR LARRY BALDWIN [phone].
1
1
1
I?
I
0
0
1
11

r

0
0
N 31
6; All, 00,
?j
j ?;
co
Sheep Ridge Wilderness Area
m `w
1000 2000 4000
Mitigation Area SCALE 1" = 2000'
D
X Monitoring Well
Y Reference Point

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

32
Table 1. Attendees of October 30, 1998 meeting regarding Newport School Permit
application in Newport, North Carolina
Group, Agency, etc. Represented Individuals
M&J Investments Danny McQueen
Patrick Joyce
Land Management Group Larry Baldwin
Paul Farley
Laura Stasavich
U.S. Army Corps of Engineers Mickey Sugg
N.C. Division of Water Quality John Dorney
Joanne Steenhuis
Shannon Stewart
N.C. Division of Coastal Ted Tyndall
Management Kathy Vinson
N.C. Wildlife Resources Commission William Wescott
Croatan National Forest Lauren L. Hillman
Carteret County Board of Education J. Roger Newby
David Lenker
Carteret County Econ. Dev. Don Kirkman
Commission
Town of Newport Hon. Mayor Garner
Jeff White
1
0
33
1 Table 2. Mitigation (a) required by DWQ ratios and (B) proposed by applicant. All
areas are in acres.
1
1
1
1

1
P
10
Mitigation Area (ac) Ratio Impacts Impacts
Type offset (ac) remaining
37.63
Restoration 59.00 1.9:1 31.05 6.43
Creation 0.41 2.85:1 0.14 6.43
Enhancement 12.90 3.8:1 3.39 3.04
Preservation*** 28.88 9.5:1 3.05 0.00
TOTALS 101.19 2.69 37.63
*** Only 28.88 acres of preservation are necessary to complete mitigation
requirements.
(B)
TRACT MITIGATION TYPE AREA
Newport Tract Creation 0.41
Enhancement 12.9
Sheep Ridge Tract Restoration 59.00
Preservation 401.00
Ocean Tract Preservation - wetlands 190.00
Preservation - uplands 80.00
Preservation - addition 17.00
TOTAL 760.31

DUPLICATE ORIGINAL
NORTH CAROLINA o2cf j
CARTERET COUNTY
1 CONTRACT FOR PURCHASE AND SALE OF IMPROVED REAL ESTATE
BUYER'S NAME: CARTERET COUNTY BOARD OF EDUCATION
1 ADDRESS: POST OFFICE BOX 600, BEAUFORT, NC 28516-600
TELEPHONE: [phone] FAX: [phone]
SELLER'S NAME: M & J INVESTMENTS, A North Carolina
1 General Partnership
ADDRESS: C/O PATRICK P. JOYCE
POST OFFICE BOX 190
NEWPORT, NC 28570
1 THIS CONTRACT, is dated for purpose of reference only on this the
4th day of August, 1998, and shall be effective on the 14th day of
August, 1998 upon final approval by the Carteret County Board of
Education, being made and entered into by and between M & J INVESTMENTS
(M & J)', a North Carolina General Partnership, by and through Patrick
/ P. Joyce and Danny McQueen, General Partners, (hereinafter also referred
to as the "Seller"); and the CARTERET COUNTY (NORTH CAROLINA) BOARD OF
EDUCATION (Board of Education), c/o David K. Lenker, Jr., Superintendent,
(hereinafter also referred to as "Buyer").
1
WHEREAS, by separate Agreement, Seller has acquired title from the
U. S. Forest Service to certain real property in Carteret County, North
Carolina, bordered on the west by Hibbs Road (SRI 1141) and on the east
by Chatham Road (SR 1247), which said real property is a triangular strip
of land containing 153.36 acres (area by coordinates' computation)
/ consisting of the following tracts and road rights-of-way:
1. Tract "A" containing 61.99 acres, more or less (not
including highway right-of-way).
2. Tract "B" containing 50.26 acres, more or less (not
including highway right-of-way).
3. Tract "C" containing 8.27 acres, more or less (not
including highway right-of-way).
4. Tract "D" containing 6.67 acres, more or less (not
including highway right-of-way).
N
2
5. Highway rights-of-way containing 26.17 acres, more or less.

all as shown on the survey plat prepared by James Ira Phillips, III,
Registered Land Surveyor Number L-3151, dated February 19, 1998, which
is hereinafter more particularly described;
WHEREAS, Buyer desires to acquire suitable sites for the
1 construction of a new middle school and a future elementary school in the
vicinity of Newport, North Carolina, and has considered and evaluated a
number of different potential sites for such school facilities in and
around Carteret County; and
1 WHEREAS, Buyer has concluded that Tract "B" of the subject property
containing 50.26 acres, more or less, is an affordable and suitable site
for the two schools, provided the conditions and specifications set forth
in this Contract are satisfied; and
WHEREAS, seller anticipates completing certain improvements on the
1 property acquired from the U.S. Forest Service to facilitate the
development of the entire tract containing 153.36 acres, more or less,
and incident to such development has agreed to complete certain
improvements and perform certain work to benefit the property to be
acquired by Buyer, including the construction of a road and a sanitary
1 sewer system and water system to serve the property, the construction of
drainage swales or ditches to keep the subject property free of excess
water, the creation of a building site with suitable fill guaranteed as
to bearing capacity to allow for the use of a standard foundation
(without use of pilings) for the construction of a new middle school and
appurtenant parking, and other improvements required by Buyer as part of
1 the purchase price for such property as hereinafter described; and
WHEREAS, it is critical to Buyer that the improved real property be
'conveyed to Buyer in a timely fashion to permit the earliest occupancy
of such middle school and the use of its related facilities; and
WHEREAS, Seller's performance of this contract as to sitework and
improvements is dependent upon the issuance of governmental permits from
the State of North Carolina and the Federal Government for wetlands
mitigation and erosion and sedimentation plan with permitting terms and
requirements acceptable to both Buyer and Seller; and
WHEREAS, Seller has requested assurances of Buyer's intent and
ability to purchase the subject improved property if it can be delivered
to Buyer in a timely fashion; and
WHEREAS, the parties desire to reduce to writing their agreements
with respect to the purchase and sale of the improved real estate
described herein as a site for a new middle school and a future
elementary school;
3
NOW, THEREFORE, for and in consideration of mutual promises and
1 covenants set forth herein and other good and valuable consideration
passing from each party to the other, the receipt of which is hereby
respectively acknowledged by each of the parties hereto, Buyer and Seller
do hereby agree each with the other as follows:
1. Sale of Improved Real Estate. Seller hereby agrees to sell to
1 Buyer, and Buyer agrees to purchase from Seller, all of Tract "B"
containing 50.26 acres, more or less (not including highway right-of-way)
bordered on the west by Hibbs Road (SR 1141) and bordered on the east by
Chatham Road (SR.1247), all as shown on that certain plat dated February
19, 1998, entitled "Retracement and Physical Survey, Client-M & J
1 Investments-prepared by James Ira Phillips, III, Registered Land Surveyor
No. L-3151, James 1. Phillips Land Surveying, P.A., The Law Building,
1210 Arendell Street, Post Office Box 3492, Morehead City, North Carolina
28557, Telephone- Number 919-240-4470 or 919-728-4706 or e-mail
[e-mail]", which said property is more particularly described
on said survey which is attached hereto as EXHIBIT "A" and incorporated
1 herein by reference. Seller shall have an affirmative duty to complete
the improvements and sitework described herein to convey such improved
property to Buyer in a timely fashion as herein provided unless it is
impossible to do so.
2. Purchase Price and Buyer's Letter of Credit. The purchase price
1 for said improved property is Eight Hundred Fifty Thousand Dollars
($850,000.00), and'shall be payable as follows: The full sum of
$850,000.00 will be paid by Buyer to MASON & MASON P.A., TRUSTEE for
Seller as earnest money, on or before 5 days from the effective date of
this contract and its execution by all parties. This earnest money
1 deposit shall be held in escrow by MASON & MASON, P.A. in an interest-
bearing account pending closing, at which time the $850,000.00 shall be
.credited against the purchase price-and the accrued interest shall be the
property of Seller. In the event that the Seller is unable to obtain
governmental permits, including wetlands mitigation and
sedimentation/erosion permits, which are acceptable to both parties, then
1 the $850,000.00 earnest money shall be immediately returned to Buyer,
upon Buyer's written request. Buyer and Seller shall agree in writing
that the final permits as issued by the governmental authorities are
acceptable. Seller shall exercise its best efforts and act in good faith
to apply for and expedite receipt of the necessary permits. After final
1 permits are received and accepted by both parties, if the Seller fails
to perform any of its obligations under this contract by the closing
date, (or any extended closing date agreed upon in writing), then the
earnest money payment of $850,000.00, together with any accrued interest,
shall be immediately returned to Buyer, upon Buyer's written request.
After final permits are received and accepted by both parties, Buyer
shall, at any time,-have the right to authorize and direct the payment
of the $850,000.00 purchase price to Seller, have the subject property
conveyed to Buyer, and rely upon the Performance And Payment Bond
4
provided for hereinafter; at which time both parties shall be released
from any further obligation or liability pursuant to this contract.
The $850,000.00 earnest money/purchase price, together with accrued
interest, shall be due and payable to Seller at the time of transfer of
title to Buyer.
1 3..Closincr. Closing of the purchase and sale, and the delivery of
the Buyer's title to the improved real property shall take place on or
before February 14, 2000 unless extended by the written agreement of both
parties. Closing shall take place at 10:00 A.M. in the office of MASON
& MASON, P.A., 225 Professional Circle, Morehead City, North Carolina.
4. Improvements by Seller: In addition to the conveyance of title
to the Property described hereinabove, Seller agrees to make the site
improvements and perform the work described on EXHIBIT "C" which is
attached hereto and incorporated by reference, at its sole expense and
without additional cost to Buyer, as a part of the development of the
subject property into a parcel suitable for the construction of a new
middle school and future elementary school. Further, Seller agrees to
provide to Buyer, upon the Seller's receipt of all permits, the Buyer's
receipt ;of its stormwater permit(s), and the acceptance of the same in
writing, a standard 100% Performance And Payment Bond in the amount of
$250,000.00 to ensure Seller's completion of the sitework and
improvements described on EXHIBIT "C"; should Buyer desire to purchase
additional coverage under the bond, it may do so at its expense.
5. Wetlands. Certain wetlands swales near old Highway No. 70 will
remain as wetlands for drainage purposes, and such areas will be located
so as not to interfere with the reasonable use of the approximately 50.26
acres denominated Tract "B" for the construction of two (2) schools, to
wit: a middle school and related appurtenant facilities including
athletic fields to be constructed in the near future and a future
elementary school. The wetlands to be retained are delineated in yellow
on the survey of the approximately 50.26 acres denominated Tract "B",
which is marked EXHIBIT "D" and is attached hereto and incorporated
herein by reference. M & J, as Seller, hereby agrees to procure all
necessary permits to allow fill of all additional and non-specified
wetlands on the entire approximately 50.26 acre tract denominated Tract
"B". It is further agreed that Seller will be solely responsible for any
required offsite mitigation of the site. and Buyer shall have no
liability or responsibility therefore. The parties acknowledge that
procurement of the necessary permits will be upon application of Seller
at its expense but is dependent upon the granting of those permits by the
applicable governmental agencies.
Seller has proceeded with the permit application process, prior to
the execution of this contract, Wetlands have already been flagged
5
onsite, and a mitigation plan is being prepared for submission to the
U.S. Army Corps of Engineers and the State of North Carolina.
6. School Site. Architects and/or engineers for Buyer shall provide
to Seller a specific site for the construction of a middle school and
appurtenant parking on or before November 1, 1998. To the extent that the
actual site for the proposed middle school (to be located on the northern
portion of the subject property) is provided to Seller by Buyer on or
before November 1, 1998, that school site and its related parking will
be guaranteed as to bearing capacity at grade by Seller. To the extent
necessary, those areas under the proposed building, and within five (5)
feet outside the proposed building for the middle school, and the
appurtenant parking areas, will all be undercut and refilled to existing
grade, but to the reasonable satisfaction of structural engineers
employed by the Board of Education as Buyer so as to allow the
construction of school facilities thereon. The proposed building site for
the middle school will allow use of a standard foundation for the school
facilities and it is expressly agreed that there shall be no pilings
required to be used for the foundation of the school facilities. Prior
to closing, an architect and/or engineer selected by the Board of
Education as Buyer shall approve the building site and appurtenant
parking areas.
7. Governmental Permittincr. Buyer agrees to support Seller's
applications for governmental permitting by making both verbal and
written contacts with governmental authorities in order to emphasize the
priority of this public school project and a need to meet construction
and planning time lines. Buyer agrees to use its best efforts and to act
in good faith and to fully cooperate with Seller in securing the
necessary governmental permits. Buyer shall be responsible for submitting
a stormwater drainage plan to the State of North Carolina and for
,obtaining the necessary permit(s) therefor. Buyer shall proceed with the
application process immediately upon the execution of this contract and
shall obtain its stormwater permit(s) by the time that Seller obtains its
permits for the sitework and improvements. The stormwater permit
requirements must be acceptable to Buyer, both as to time and cost;'and
approval of same shall be given to Seller by Buyer in writing. In the
event that Buyer's stormwater permit requirements are not acceptable to
Buyer, then the Buyer shall have the option to terminate this contract
and be refunded its $850,000.00 earnest money deposit.
8. Completion Date. Seller shall complete construction of the
improvements on the subject property and have the same ready for
construction of a middle school on the site on or before Midnight,
February 14, 2000, unless such completion date is extended at the Buyer's
r sole election, as hereinbefore provided.
9. Delivery of Title. At.the closing, Seller shall deliver to Buyer
.a North Carolina General Warranty Deed conveying fee simple title to the
6
improved real property (Tract B), subject only to general and customary
exceptions acceptable to Buyer's legal counsel, to include the following
exceptions:
(a) Sewer, water, electric, telephone, and other utility
easements, and road rights-of-way, if any, now or hereafter
recorded, including the right to erect, maintain, install and
use electrical and telephone poles, wires, cables, conduits,
sewers, water mains and other similar equipment for the
conveyance and use of said utilities or other public utilities
in, over, through or upon the subject property. Any such
easement(s) shall:not impede the location of a new middle
school and a future elementary school site at the specific
location designated by Buyer, or adversely affect the use of
planned athletic fields at the specific locations designated
by Buyer.
(b) The lien of the current year's County ad valorem real
property taxes 'which will be prorated on a calendar year basis
to the date of closing if the subject property was a separate
taxable parcel as of January 1 of the year of closing.
Otherwise, Seller will be credited with Buyer's pro rata
portion of the taxes with the Seller being responsible for
r payment of said taxes when due.
There shall be conveyed, together with the property, drainage
easements appurtenant to Tract B along the natural drainage system of
Seller's property south of and adjacent to Tract B, and on the east side
of Old Highway 70. Seller shall be entitled to relocate such drainage
systems, but will do so in such a way as not to adversely affect the
drainage from Tract B.
Seller agrees to restrict by covenant recorded in the Carteret
County Registry Tracts A, B, C, and D described above, to prohibit "Adult
Establishments" as defined in the North Carolina General Statutes,
Section 14-202.10, nightclubs, taverns, bars or lounges. HoweVeZ'.
nightclubs that are incorporated into a hotel or motel, and taverns, bars
or lounges that are incorporated into a bona fide restaurant or into a
hotel or motel, shall be permitted. This restriction, by its terms shall
be enforceable by the Carteret County Board Of Education.
At or prior to closing, Buyer and Seller shall execute all necessary
documents to carry out the terms of this Agreement. Acceptance by Buyer
at closing of the Deed from Seller shall constitute full performance by
Seller in accordance with this Agreement, except for warranties of title
referred-to herein.
10. C o ing Costs. In connection with the closing, Seller shall
furnish and/or pay for the following items:

7
(a) Preparation and delivery of the Deed to the Buyer with
the documentary stamps to be affixed thereto.
(b) The Seller shall supply. the Buyer with an ALTA title
insurance policy insuring the Buyer's fee simple interest in
the subject property to the extent of the full purchase price;
e in doing so, Seller will have an attorney of its choice
certify title to the title insurance company and Seller shall
be solely responsible for expenses incurred in connection with
such services, including attorney fees for escrow and closing.
All other costs reasonably incurred in connection with the closing,
including but not limited to recording fees and Buyer's attorney fees,
shall be paid by Buyer.
11. Assessments. Seller warrants that there are no encumbrances of
special assessments, either pending or confirmed,
for sidewalks, paving, water, sewer or other improvements on or adjoining
the property.
12. Construction Representations. Construction of the improvements
on the subject property shall substantially conform to the plans and
specifications prepared by McDavid and Associates, which plans are now
on file at Seller's office, except for minor deviations as approved by
Buyer's engineer or architect for the subject property.
13. Arbitration. Any and all claims or disputes between the parties
arising out of or relating to this Contract, or the breach thereof, shall
be decided by arbitration in accordance with the North Carolina Uniform
Arbitration Act, unless said Act's provisions are specifically modified
herein. Notice of the demand for arbitration shall be given in writing
to the other party and shall be made within a reasonable time after the
dispute has arisen, not to exceed 20 days. If the parties can agree upon
1 Arbitrator, then 1 Arbitrator shall hear and decide the dispute; if
not, then each party shall select 1 unrelated and disinterested
Arbitrator, those two shall select a third Arbitrator and the 3-pdrson
panel shall hear and decide the dispute. Arbitration shall take place
promptly, in no event more than 30-days from the receipt of notice. The
decision of the Arbitrators shall be final and binding on the parties and
judgment may be entered upon it according to law. The cost of arbitration
shall be borne equally by the parties.
14. Assignment. Buyer's interest in this Agreement shall not be
assigned or transferred without the prior written consent of the Seller,
which said consent will not be unreasonably withheld.
15. Labor or Materials. At closing, the Seller shall supply the
Buyer an affidavit and indemnification agreement in form satisfactory to
the Buyer showing that all labor and materials furnished to the subject
8
property within one hundred twenty (120) days prior to the date of
1 closing have been paid, and agreeing to indemnify Buyer against all loss
from any cause or claim arising therefrom.
. 16. Notices. Whenever any notice is given under this Agreement, it
shall be considered duly made when delivered in person or three (3) days
after deposit in the United States mail, certified or registered mail,
1 return receipt requested, postage prepaid, and properly addressed to
Buyer or to Seller at the addresses set forth above.
17. Modifications. This Agreement is executed in duplicate originals
with one original being retained by each party. This Agreement represents
1 the entire agreement and understanding between the parties hereto and all
prior or contemporaneous oral or written agreements are merged herein.
18. Remedies. The parties desire to restrict the remedies available
to them in the event that either party should fail to perform under the
terms of this Contract. In the event that the Seller should fail to
1 perform, the Buyer is entitled to the return of its $850,000.00 earnest
money deposit, plus any accrued interest thereon, = to tender the
$850,000.00 purchase price to Seller, receive title to the property and
rely on the Performance And Payment Bond for any unfinished improvements
to the site. In the event that.Buyer should fail to perform, the Seller
1 is entitled to receive $50,000.00 of the earnest money deposit, plus any
accrued interest on the earnest money deposit, and the $800,000.00
balance shall be delivered to the Buyer. The foregoing are the sole and
exclusive remedies available to the parties under this contract.
19. Binding Effect. This Agreement shall be binding upon and shall
1 inure to the benefit of the parties hereto and to their respective heirs,
administrators, executors, successors or assigns.
IN WITNESS WHEREOF, the parties have hereunto set their hands and
seals effective the date first above written.
1
BUYER: CARTERET COUNTY BOARD SELLER: M & J INVESTMENTS
OF EDUCATION
BY: BY:
ai an Patrick P. Joy
General Partne /1
r
BY:
Danny McQueen
General Partner
c:\word\edith\3ch001.3
LOOPY
EXHIBIT B .
(Deleted)
1
1
/
1
r
1
r
/
r
BOO LAM
EXHIBIT "C"
SITE IMPROVEMENTS AND OTHER WORK
TO BE PERFORMED BY SELLER
(a) Seller shall complete the design work for the construction of a service road adjacent to the
southwest border of the subject property as shown on site maps supplied to Buyer by Seller, and
Seller shall construct a road according to State Secondary Road Standards within a 60-foot right-
of-way to include 25 feet of rock and 24 feet of pavement to connect Old Highway No. 70 to
Hibbs Road (SR 1141) and, conditional upon the approval by the North Carolina Department of
Transportation, to connect U.S. Highway No. 70 to Old Highway No. 70 in the approximate
location shown on the survey plat hereinabove described.
i
Seller shall grant Buyer a non-exclusive access easement or right-of-way across said service road
for ingress, egress and regress to and from the subject property at all times.
' (b) Seller shall complete the design work on the sanitary sewer. There is an existing water
system along Old Highway No. 70 which will serve the new middle school on the subject
property. Seller shall make sanitary sewer services available to the subject property within the
right-of-w4y of the new road to be constructed adjacent to the southwest border of the subject
property by constructing sewer lines in conformity with the utility regulations and ordinances of
the Town of Newport, North Carolina, along Hibbs Road (SR 1141) and along the proposed road
to be constructed by Seller on the southwest border of the subject property, and Seller agrees to
extend such sanitary sewer as far as the same can be extended by gravity flow to an existing lift
station near Hibbs Road. The sanitary sewer from the building site of the middle school will be
gravity flow and no pump station will be required to be installed by Buyer.
Labor and materials for the construction of a sanitary sewer system to serve the new middle
school on the subject property from the road right-of-way of the new road to be constructed
adjacent to the southwest border of the subject property shall be the sole expense of Seller, but it
is expressly agreed between the parties that Buyer shall be solely responsible for any tap fees
payable to the Town of Newport, North Carolina, to tap onto a sanitary sewer main line of the
Town of Newport, North Carolina.
(c) Seller will clear and grub, with holes filled, all of the approximately 50.26 acres denominated
Tract "B" (not including highway right-of-way), except for wetlands which will remain as
drainage basins. "Grubbing" means that all stumps, roots and organic material will be removed
by Seller in accordance with general construction standards and practices. All site clearing and
grubbing shall be as agreed between Seller and Buyer. It is expressly agreed between the parties
that the subject property- will not be brought to grade.
(d) Seller agrees to flag all wetlands for Buyer. LAI
(e) Seller agrees, at Seller's sole expense, to construct and install four (?
Tuesday, December 01, 1998 11:03:14 kand Management Group, Inc. [North] Page 1 of 1
Carteret County Schools
(50+ Acres) Newport Tract
1 Hwy 70 A & Hibbs Road
A. Items to be completed by the developer within 12 months of contract.
I . All surveys as required by schools and govermnent agencies.
1
2. All timbering of site and all tops removed.
3. Erosion & sedimentation plan submitted as required by law.
1 4. Site mitigation plan for wet lands submitted & approval (Feds & State)_
5. Design work complete on proposed road construction.
b. Design work complete on sewer and water syscerns to the site.
1
7. New middle school building pad ready for construction.
B. Items to be completed by the developer within 18 months of contract:
i 1. All site cleaning & grubbing as agreed by developer & school board.
2. All water & sewer systems installed to the site as agreed by the developer & the
school board.
1 3. Service road complete as shown on site maps supplied by the developer.
4. Site mitigation plan for wet lands complete as agreed between developer,
school board and regulatory agencies.
1 S. Temporary drainage swales as needed for positive site drainage for construction
needs.

P
0
U
0
0
U.
1
0
Z
Q
IL
Ru
C7
Q
Z_
IP
H
Z
W
U-
0
0
W
W
CK
CL
cc
0
L
to
t
r-
Z
C
0
U
c
cv
L
U
.s ?
?m
mm
C = =
F?
tV_ ?j b
r4
c
i v
t9 ` _
'O O
C C 0
to -
m i O
3?0?.
03
tl a+?
O
O m
VOeFr OEM
N qq C L -
t 2 5 C O E
d O m
Z W ms 13 m
>..E .0
co C «?. 7 C
V V w I 0 d
'O 'O m j a+ Sr-
0 m o v
fir}±ZYC?q
, 1. 1
,1??
C,i ??.
w S A "-

V)
() `It L9
00
k ?
? w
°° %wO ?PO/1 a7R11
Q
4%> o
O? ° m cc
************* ULAM.EXE (Version 1.12) *************
** Finite Element Program for Five Aquifer Layers **
************* Unsteady State Solution *************
*************** Program Developed by ***************
******************** M. M. Aral ********************
********* For information and comments *********
******************** Write To **********************
****** P.O. BOX 29054, ATLANTA, GA. 30359, USA *****
****************************************************

DRAINAGE IMPACTS NEWPORT-USFS: Drainage Impact 3 & 5 ft Deep Ditching
Units In Ft-Days; 3 Sides Drainage Of -460 acre tract; 5 yr simulation
THE TIME RANGE IS 0 - 2000.000 or +5 years
TOTAL NUMBER OF LAYERS = 0
NUMBER OF ELEMENTS = 540
NUMBER OF NODES = 304
DIRICHLET B.C. COUNTER = 49
NEUMANN B.C. COUNT ER = 0
HEAD-DEPENDENT B.C . COUNTER = 0
ERROR = .000010
KM/MILE CONVERSION TO M/FT = 0
GENERATION WANTED = 1
r FREE SURFACE = 1
NUMBER OF LAYERS W ITH FREE SURFACE = 1
PLOT DATA FILE REQ UESTED = 1
VELOCITY DATA FILE REQUESTED = 0
IDEALIZATION DATA FILE REQUESTED = 0
IJPLT = 1 SEPARATE DATA FILES WILL BE
PREPARED FOR COMPATIBLE PLOT ROUTIN ES.
THES E DATA FILES WILL HAVE THE IDENTIFIER ".DAT"
COORDINATES OF FINITE ELEMENT MESH
NODE X Y NODE X Y
1 .000000E+00 .000000E+00 2 .000000E+00 .100000E+02
3 .000000E+00 .200000E+02 4 .000000E+00 .300000E+02
5 .000000E+00 .400000E+02 6 .000000E+00 .500000E+02
7 .000000E+00 .600000E+02 8 .000000E+00 .700000E+02
9 .000000E+00 .800000E+02 10 .000000E+00 .900000E+02
11 .000000E+00 .100000E+03 12 .000000E+00 .110000E+03
13 .000000E+00 .120000E+03 14 .000000E+00 .130000E+03
15 .000000E+00 .140000E+03 16 .000000E+00 .150000E+03
S 17 .100000E+02 .000000E+00 18 .100000E+02 .100000E+02
19 .100000E+02 .200000E+02 20 .100000E+02 .300000E+02
21 .100000E+02 .400000E+02 22 .100000E+02 .500000E+02
23 .100000E+02 .600000E+02 24 .100000E+02 .700000E+02
25 .100000E+02 .800000E+02 26 .100000E+02 .900000E+02
27 .100000E+02 .100000E+03 28 .100000E+02 .110000E+03
29 .100000E+02 .120000E+03 30 .100000E+02 .130000E+03
31 .100000E+02 .140000E+03 32 .100000E+02 .150000E+03
33 .200000E+02 .000000E+00 34 .200000E+02 .100000E+02
35 .200000E+02 .200000E+02 36 .200000E+02 .300000E+02
37 .200000E+02 .400000E+02 38 .200000E+02 .500000E+02

DRAINAGE IMPACTS NEWPORT-USFS: Drainage Impact 3 & 5 ft Deep Ditching
Units In Ft-Days; 3 Sides Drainage of -460 acre tract; 5 yr simulation
0, 49, 0, 0, 304, 540, 50, . 00001, 0, 1, 1, 1, 0, 0, 2000. , 1
38, 15, 18
1,0.,0.,1
16,
17,10.,0.,1
32,10.,150.,0
33,20.,0.,1
48,20.,150:,0
49,30.,0..,1
64,30.,150.,0
65,40.,0.,1
80,40.,150.,0
81,50.,0.,1
96,50.,150.,0
97,100.,0.,1
1 112,100.,150.,0
113,1000.,0.,1
128,1000.,150.,0
129,2000.,0.,1
144,2000.,150.,0
145,3000.,0.,1
160,3000.,150.,0
R 161,4000.,0.,1
176,
177,7000.,0.,1
192,7000.,150.,0
193,
208,7200.,150.,0
209,7250.,0.,1
224,7250.,150.,0
225,7260.,0.,1
240,7260.,150.,0
241,7270.,0.,1
256,7270.,150.,0
257,7280.,0.,1
272,7280.,150.,0
273,7290.,0.,1
288,7290.,150.,0
289,7300.,0.,1
304,7300.,150.,0
539,10.,10.
539,0.0,0.0
539,1.0
539, 0.0
539,.15
539,0.0
539,0.014
303,-7.0
303,-4.0
303,-4.0
0
1,-4.0,2,-4.0,3,-4.0,4,-4.0,5,-4.0,6,-4.0,7,-4.0,8,-4.0,9,-4.0,10,-4.0,
11,-4.0,12,-4.0,13,-4.0,14,-4.0,15,-4.0,16,-4.0,17,-3.75,33,-3.5,49,-3.25,
65,-3.0,81,-2.75,97,-2.5,113,-2.0,129,-2.0,145,-2.0,161,-2.0,177,-2.25,
193,-2.5,209,-2.75,225,-3.0,241,-3.25,257,-3.5,273,-3.75,289,-4.0,290,-4.0,
291,-4.0,292,-4.0,293,-4.0,294,-4.0,295,-4.0,296,-4.0,297,-4.0,298,-4.0,
299,-4.0,300,-4.0,301,-4.0,302,-4.0,303,-4.0,304,-4.0
10.,2000.,100
2100.
0, 0, 0
NEWPORT-USFS MITIGATION TRACT -- CURRENT DRAINAGE IMPACTS FROM
3-5 FT DEEP PERIMETER DITCHING
r SOLUTION TIME = 2000.0000 OR +5 YEARS
RESULTS FOR LA YER # 1 - X,Y DA TA AND CALCULATED HEADS
.000000, .000000, -4.000000
.000000, 10.000000, -4.000000
.000000, 20.000000, -4.000000
.000000, 30.000000, -4.000000
.000000, 40.000000, -4.000000
.000000, 50.000000, -4.000000
b ..000000, 60.000000, -4.000000
.000000, 70.000000, -4.000000
.000000, 80.000000, -4.000000
.000000, 90.000000, -4.000000
.000000, 100.000000, -4.000000
.000000, 110.000000, -4.000000
.000000, 120.000000, -4.000000
r .000000, 130.000000, -4.000000
.000000, 140.000000, -4.000000
.000000, 150.000000, -4.000000
10.000000, .000000, -3.750000
10.000000, 10.000000, -3.655027
10.000000, 20.000000, -3.590254
10.000000, 30.000000, -3.541003
b 10.000000, 40.000000, -3.500729
10.000000, 50.000000, -3.466416
10.000000, 60.000000, -3.436606
10.000000, 70.000000, -3.410531
10.000000, 80.000000, -3.387846
10.000000, 90.000000, -3.368343
10.000000, 100.000000, -3.351930
10.000000, 110.000000, -3.338550
10.000000, 120.000000, -3.328224
10.000000, 130.000000, -3.321045
10.000000, 140.000000, -3.317343
10.000000, 150.000000, -3.317728
20.000000, .000000, -3.500000
20.000000, 10.000000, -3.355354
r 20.000000, 20.000000, -3.249140
20.000000, 30.000000, -3.165235
20.000000, 40.000000, -3.095266
20.000000, 50.000000, -3.035090
20.000000, 60.000000, -2.982587
20.000000, 70.000000, -2.936671
20.000000, 80.000000, -2.896741

i" 20.000000, 90.000000, -2.862478
20.000000, 100.000000, -2.833667
20.000000, 110.000000, -2.810200
20.000000, 120.000000, -2.792019
20.000000, 130.000000, -2.779193
20.000000, 140.000000, -2.771946
20.000000, 150.000000, -2.770696
30.000000, .000000, -3.250000
30.000000, 10.000000, -3.082953
30.000000, 20.000000, -2.953029
30.000000, 30.000000, -2.845565
30.000000, 40.000000, -2.753249
30.000000, 50.000000, -2.672480
30.000000, 60.000000, -2.601415
30.000000, 70.000000, -2.539040
30.000000, 80.000000, -2.484742
30.000000, 90.000000, -2.438138
30.000000, 100.000000, -2.398957
30.000000, 110.000000, -2.367010

1
1
P
Y
I
0
r
30.000000, 120.000000, -2.342173
30.000000, 130.000000, -2.324452
30.000000, 140.000000, -2.313918
30.000000, 150.000000, -2.310921
40.000000, .000000, -3.000000
40.000000, 10.000000, -2.832541
40.000000, 20.000000, -2.691992
40.000000, 30.000000, -2.568479
40.000000, 40.000000, -2.458460
40.000000, 50.000000, -2.360322
40..000000, 60.000000, -2.273148
40.000000, 70.000000, -2.196311
40.000000, 80.000000, -2.129342
40.000000, 90.000000, -2.071843
40.000000, 100.000000, -2.023489
40.000000, 110.000000, -1.984020
40.000000, 120.000000, -1.953228
40.000000, 130.000000, -1.931003
40.000000, 140.000000, -1.917334
40.000000, 150.000000, -1.912615
50.000000, .000000, -2.750000
50.000000, 10.000000, -2.608244
50.000000, 20.000000, -2.464543
50.000000, 30.000000, -2.327924
50.000000, 40.000000, -2.201934
50.000000, 50.000000, -2.087833
50.000000, 60.000000, -1.985821
50.000000, 70.000000, -1.895699
50.000000, 80.000000, -1.817100
50.000000, 90.000000, -1.749635
50.000000, 100.000000, -1.692920
50.000000, 110.000000, -1.646598
50.000000, 120.000000, -1.610363
50.000000, 130.000000, -1.583929
50.000000, 140.000000, -1.566976
50.000000, 150.000000, -1.559116
100.000000, .000000, -2.500000
100.000000, 10.000000, -2.143039
100.000000, 20.000000, -1.836051
100.000000, 30.000000, -1.569788
100.000000, 40.000000, -1.337746
100.000000, 50.000000, -1.135346
100.000000, 60.000000, -.959112
100.000000, 70.000000, -.806402
100.000000, 80.000000, -.675161
100.000000, 90.000000, -.563778
100.000000, 100.000000, -.470985
100.000000, 110.000000, -.395785
100.000000, 120.000000, -.337414
100.000000, 130.000000, -.295297
100.000000, 140.000000, -.269030
100.000000, 150.000000, -.258365
1000.000000, .000000, -2.000000
1000.000000, 10.000000, -1.604057
1000.000000, 20.000000, -1.259922
1000.000000, 30.000000, -.958757
1000.000000, 40.000000, -.694350
1000.000000, 50.000000, -.462257
1000.000000, 60.000000, -.259128
1000.000000, 70.000000, -.082415
1000.000000, 80.000000, .069863
1000.000000, 90.000000, .199255
1000.000000, 100.000000, .306976
1000.000000, 110.000000, .393973
I
1000.000000, 120.000000, .460971
1000.000000, 130.000000, .508504
1000.000000, 140.000000, .536947
1000.000000, 150.000000, .546509
2000.000000, .000000, -2.000000
2000.000000, 10.000000, -1.609293
2000.000000, 20.000000, -1.269447
2000.000000, 30.000000, -.971882
2000.000000, 40.000000, -.710543
2000.000000, 50.000000, -.481090
2000..000000, 60.000000, -.280243
2000.000000, 70.000000, -.105500
2000.000000, 80.000000, .045082
2000.000000, 90.000000, .173028
2000.000000, 100.000000, .279533
2000.000000, 110.000000, .365526
2000.000000, 120.000000, .431721
2000.000000, 130.000000, .478646
2000.000000, 140.000000, .506658
2000.000000, 150.000000, .515973
3000.000000, .000000, -2.000000
3000.000000, 10.000000, -1.609202
3000.000000, 20.000000, -1.269332
3000.000000, 30.000000, -.971774
3000.000000, 40.000000, -.710452
3000.000000, 50.000000, -.481028
3000.000000, 60.000000, -.280213
3000.000000, 70.000000, -.105501
3000.000000, 80.000000, .045051
3000.000000, 90.000000, .172968
3000.000000, 100.000000, .279447
3000.000000, 110.000000, .365417
3000.000000, 120.000000, .431595
3000.000000, 130.000000, .478505
3000.000000, 140.000000, .506508
3000.000000, 150.000000, .515820
4000.000000, .000000, -2.000000
4000.000000, 10.000000, -1.600076
4000.000000, 20.000000, -1.253056
4000.000000, 30.000000, -.949708
4000.000000, 40.000000, -.683549
4000.000000, 50.000000, -.449993
4000.000000, 60.000000, -.245595
4000.000000, 70.000000, -.067727
4000.000000, 80.000000, .085642
4000.000000, 90.000000, .216100
4000.000000, 100.000000, .324889
4000.000000, 110.000000, .412980
4000.000000, 120.000000, .481115
4000.000000, 130.000000, .529847
4000.000000, 140.000000, .559555
4000.000000, 150.000000, .570472
7000.000000, .000000, -2.250000
7000.000000, 10.000000, -1.858908
7000.000000, 20.000000, -1.519187
7000.000000, 30.000000, -1.222129
7000.000000, 40.000000, -.961641
7000.000000, 50.000000, -.733299
7000.000000, 60.000000, -.533782
7000.000000, 70.000000, -.360560
7000.000000, 80.000000, -.211661
7000.000000, 90.000000, -.085545
7000.000000, 100.000000, .018994
7000.000000, 110.000000, .102890
i
0

0
I
r
0
7000.000000, 120.000000, .166856
7000.000000, 130.000000, .211411
7000.000000, 140.000000, .236903
7000.000000, 150.000000, .243528
7200.000000, .000000, -2.500000
7200.000000, 10.000000, -2.232580
7200.000000, 20.000000, -2.002542
7200.000000, 30.000000, -1.803348
7200.000000, 40.000000, -1.630353
7200.000000, 50.000000, -1.480076
7200..000000, 60.000000, -1.349880
7200.000000, 70.000000, -1.237717
7200.000000, 80.000000, -1.141981
7200.000000, 90.000000, -1.061402
7200.000000, 100.000000, -.994995
7200.000000, 110.000000, -.941974
7200.000000, 120.000000, -.901752
7200.000000, 130.000000, -.873890
7200.000000, 140.000000, -.858101
7200.000000, 150.000000, -.854210
7250.000000, .000000, -2.750000
7250.000000, 10.000000, -2.651240
7250.000000, 20.000000, -2.547097
7250.000000, 30.000000, -2.446574
7250.000000, 40.000000, -2.353428
7250.000000, 50.000000, -2.269076
7250.000000, 60.000000, -2.193912
7250.000000, 70.000000, -2.127861
7250.000000, 80.000000, -2.070681
7250.000000, 90.000000, -2.022076
7250.000000, 100.000000, -1.981756
7250.000000, 110.000000, -1.949464
7250.000000, 120.000000, -1.925031
7250.000000, 130.000000, -1.908353
7250.000000, 140.000000, -1.899473
7250.000000, 150.000000, -1.898646
7260.000000, .000000, -3.000000
7260.000000, 10.000000, -2.868045
7260.000000, 20.000000, -2.760156
7260.000000, 30.000000, -2.666695
7260.000000, 40.000000, -2.584177
7260.000000, 50.000000, -2.511123
7260.000000, 60.000000, -2.446694
7260.000000, 70.000000, -2.390339
7260.000000, 80.000000, -2.341620
7260.000000, 90.000000, -2.300220
7260.000000, 100.000000, -2.265842
7260.000000, 110.000000, -2.238270
7260.000000, 120.000000, -2.217300
7260.000000, 130.000000, -2.202767
7260.000000, 140.000000, -2.194454
7260.000000, 150.000000, -2.191868
7270.000000, .000000, -3.250000
7270.000000, 10.000000, -3.111061
7270.000000, 20.000000, -3.006886
7270.000000, 30.000000, -2.923176
7270.000000, 40.000000, -2.852770
7270.000000, 50.000000, -2.792126
7270.000000, 60.000000, -2.739399
7270.000000, 70.000000, -2.693599
7270.000000, 80.000000, -2.654135
7270.000000, 90.000000, -2.620617
7270.000000, 100.000000, -2.592778
7270.000000, 110.000000, -2.570386

? o
a
F p?
ti
rv
M ?
t ?
q
0
I
6

0 0 ?°, °o ° o
SHALLOW DITCHING 3 FT 2800 FT APART
-----------------------------------------------------
* DRAINMOD version 5.0
* Copyright 1990-94 North Carolina State University
-----------------------------------------------------
0 [SHALLOW OPEN DITCHING 3 FT DEEP 2800 FT APART]
CONVENTIONAL DRAINAGE, NEWPORT MITIGATION USFS, CROATAN SOIL
WILMINGTON, NC WEATHER DATA 1951-1979
********
----------RUN STATISTICS ---------- time: 5/11/1998 @ 18:50
input file: C:\Drainmod\INPUTS\NEWPORTFS.lis
parameters: free drainage and yields not calculat
drain spacing = 85344. cm drain depth = 91.0 cm
------------------------------------------------------------------------
0
D R A I N M 0 D--- HYDROLOGY EVALUATION
****** INTERIM EXPERIMENTAL RELEASE ******
Number of periods with water table closer than 30.00 cm
for at least 13 days. Cou nting starts on day
59 and ends on day 320 of each year
YEAR Number of Periods Longest Consecutive
of 13 days or Period in Days
more with WTD
< 30.00 cm
------------------
--------------------
1951 2. 115.
1952 2. 56.
1953. 2. 56.
1954 4. 66.
1955 2. 98.
1956 2. 118.
1957 2. 55.
1958 4. 85.
1959 4. 97.
1960 3. 66.
1961 3. 101.
1962 3. 83.

Page 1
SHALLOW DITCHING 3 FT 2800 FT APART
1963 4. 113.
1964 4. 54.
1965 2. 156.
/ 1966 2. 158.
1967 1. 27.
1968 2. 36.
1969 3. 108.
1970 3. 55.
1971 2. 114.
/ .1972 2. 54.
1973 2. 130.
1974 2. 96.
1975 4. 71.
1976 1. 143.
1 1977 2. 43.
1978 2. 47.
1979 2. 129.
Number of Years with at least one period = 29. out of 29 y
1 ears.

1
1
P
w
Page 2
Newport USFS Tract Shallow Ditching 3'
******************************************************************
*************

D R A I N M 0 D
Copyright 1990-91 North Carolina State University
VERSION: NORTH CAROLINA MICRO-UNIX 5.0
0 LAST UPDATE: FEB. 1994
LANGUAGE: MS FORTRAN v 5.0 & UNIX f77
OR
AS
D
ITY
DRAINMOD IS A FIELD-SCALE HYDROLOGIC MODEL DEVELOPED F
THE DESIGN OF SUBSURFACE DRAINAGE SYSTEMS. THE MODEL W
DEVELOPED BY RESEARCHERS AT THE DEPT. OF BIOLOGICAL AN
AGRICULTURAL ENGINEERING, NORTH CAROLINA STATE UNIVERS
UNDER THE DIRECTION OF R. W. SKAGGS.
******************************************************************
*************
0
***************************
* D R A I N M 0 D -- 5.0
Copyright 1990-94 North Carolina State University
DATA READ FROM INPUT FILE: C:\Drainmod\INPUTS\NEWPORTFS.lis
Cream selector (0=no, 1=yes) = 0
TITLE OF RUN
************
CONVENTIONAL DRAINAGE, NEWPORT MITIGATION USFS, CROATAN SOIL
WILMINGTON, NC WEATHER DATA 1951-1979
r
Page 1
Newport USFS Tract Shallow Ditching 3'
/ CLIMATE INPUTS
******* ******
DESCRIPTION (VARIABLE) VAL
UE UNIT
------------------------------
------ ------ ----------------------------- ------
FILE FOR RAINDATA ............ ..C:\DRAINMOD\WEATHER\NWILMING.RAI
FILE FOR TEMPERATURE/PET DATA ..C:\DRAINMOD\WEATHER\NWILMING.TEM
RAINFALL STATION NUMBER ....... ...................(RAINID) 319
457
TEMPERATURE/PET STATION NUMBER ...................(TEMPID) 319
457
STARTING YEAR OF SIMULATION ... ...............(START YEAR) 1
951 YEAR
STARTING MONTH OF SIMULATION .. ..............(START MONTH)
1 MONTH
ENDING YEAR OF SIMULATION ..... .................(END YEAR) 1
979 YEAR
ENDING MONTH OF SIMULATION .... ................(END MONTH)
12 MONTH
TEMPERATURE STATION LATITUDE .. .................(TEMP LAT) 34
.16 DEG.MIN
HEAT INDEX .................... ......................(HID) 85
.00
I
I
ET MULTIPLICATION FACTOR FOR EACH MONTH
2.01 2.32 2.10 1.72 1.23 1.00 .86 .82 .92 1.05 1.
22 1.44
DRAINAGE SYSTEM DESIGN
**********************
I
r
*** CONVENTIONAL DRAINAGE ***
JOB TITLE:
CONVENTIONAL DRAINAGE, NEWPORT MITIGATION USFS
CROATAN SOI
Page 2
Newport USFS Tract Shallow Ditching 3'
WILMINGTON, NC WEATHER DATA 1951-1979
1
STMAX =15.00 CM SOIL SURFACE
1 '
1
ADEPTH =150. CM DDRAI
1 N = 91. CM
0------------- SDRAIN =85344. CM -----------0
EFFRAD =4.50 CM
• HDRAI
1 N = 59. CM
1 - - - - - - - - - - - - - - - - - - - - - - - - - - - -
• IMPERMEABLE L
AYER

I
Page 3
Newport USFS Tract Shallow Ditching 3'
0
0
DEPTH
(CM)
.0 - 30.0
30.0 - 60.0
60.0 - 100.0
100.0 - 150.0
50.000
15.000
20.000
1.000
DEPTH TO DRAIN = 91.0 CM
EFFECTIVE DEPTH FROM DRAIN TO IMPERMEABLE LAYER = 58.9 CM
DISTANCE BETWEEN DRAINS = 85344.0 CM
MAXIMUM DEPTH OF SURFACE PONDING = 15.00 CM
EFFECTIVE DEPTH TO IMPERMEABLE LAYER = 149.9 CM
DRAINAGE COEFFICIENT(AS LIMITED BY SUBSURFACE OUTLET) = 2.50 CM/
DAY
MAXIMUM PUMPING CAPACITY (SUBIRRIGATION MODE) = 2.50 CM/DAY
ACTUAL DEPTH FROM SURFACE TO IMPERMEABLE LAYER = 150.0 CM
SURFACE STORAGE THAT MUST BE FILLED BEFORE WATER
CAN MOVE TO DRAIN = 6.00 CM
FACTOR -G- IN KIRKHAM EQ. 2-17 = 8.08
*** SEEPAGE LOSS INPUTS ***
No seepage due to field slope
0 No seepage due to vertical deep seepage
No seepage due to lateral deep seepage
*** end of seepage inputs ***
WIDTH OF DITCH BOTTOM = 150.0 CM
SIDE SLOPE OF DITCH (HORIZ:VERT) = 1.00 : 1.00
INITIAL WATER TABLE DEPTH = 61.0 CM

6
DEPTH OF WEIR FROM THE SURFACE
------------------------------
DATE 1/ 1 2/ 1 3/ 1 4/ 1 5/ 1 6/ 1
WEIR DEPTH 91.0 91.0 91.0 91.0 91.0 91.0
SATURATED HYDRAULIC CONDUCTIVITY
(CM/HR)
Page 4
Newport USFS Tract Shallow Ditching 3'
DATE 7/ 1 8/ 1 9/ 1 10/ 1 11/ 1 12/ 1
/ WEIR DEPTH 91.0 91.0 91.0 91.0 91.0 91.0
DRAINMOD has changed the final tro Cr1TT rgam`-? -:;ARpiCTERI
/ STIC TABLE to:
X(IVREAD) XVOL(IVREAD) FLUX(IVREAD)
1000. 100. 0.0
(entered values had WTD <1000. or vol.drained <100.)
1
** SEE DRAINMOD USERS MANUAL FOR EXPLANATION **
SOIL INPUTS
***********
1
TABLE 1
DRAINAGE TABLE
1
1

P
b
VOID VOLUME WATER TABLE DEPTH
(CM) (CM)
.0 .0
1.0 38.5
2.0 63.5
3.0 80.0
4.0 92.0
5.0 109.9
6.0 124.1
7.0 133.4
8.0 142.7
9.0 152.1
10.0 161.4
11.0 170.7
12.0 180.0
13.0 189.3
14.0 198.6
15.0 208.0
16.0 217.3
17.0 226.6
18.0 235.9
19.0 245.2
Page 5

/
1
!
1 1
!
1
/
Newport USFS Tract Shallow Ditching 3'
20.0 254.6
21.0 263.9
22.0 273.2
23.0 282.5
24.0 291.8
25.0 301.1
26.0 31n.--
27.0 319.8
28.0 329.1
29.0 338.4
30.0 347.7
35.0 394.3
40.0 440.9
45.0 487.5
50.0 534.1
60.0 627.3
70.0 720.5
80.0 813.6
90.0 906.8
TABLE 2
SOIL WATER CHARACTERISTIC VS VOID VOLUME VS UPFLUX
HEAD
(CM)
.0
10.0
20.0
30.0
40.0
50.0
60.0
70.0
80.0
90.0
100.0
110.0
120.0
130.0
140.0
150.0
160.0
170.0
180.0
190.0
200.0
WATER CONTENT
(CM/CM)
.4000
.3620
.3240
.2860
.2480
.2100
.1900
.1700
.1500
.1300
.1100
.1080
.1060
.1040
.1020
.1000
.0980
.0960
.0940
.0920
.0900
VOID VOLUME
(CM)
.00
.19
.56
.81
1.06
1.46
1.83
2.32
3.00
3.89
4.45
5.00
5.56
6.63
7.71
8.78
9.85
10.93
12.00
13.07
14.15
UP FLUX
(CM/HR)
.5000
.2667
.1000
.0465
.0305
.0227
.0109
.0106
.0103
.0100
.0100
.0100
.0100
.0099
.0098
.0097
.0095
.0094
.0093
.0092
.0091
Page 6
Newport USFS Tract Shallow Ditching 3'
210.0 .0900 15.22 .0090
220.0 .0900 16.29 .0089
1 230.0 .0900 17.36 .0088
240.0 .0900 18.44 .0086
250.0 .0900 19.51 .0085
260.0 .0890 20.58 .0084
270.0 .0880 21.66 .0083
280.0 .0870 22.73 .0082
1 290.0 .0860 23.80 .0081
300.0 .0850 24.88 .0080
350.0 .0800 30.24 .0074
400.0 .0767 35.61 .0068
450.0 .0733 40.98 .0062
1 500.0 .0700 46.34 .0057
600.0 .0680 57.07 .0045
700.0 .0660 67.80 .0034
800.0 .0640 78.54 .0023
900.0 .0620 89.27 .0011
1
GREEN AMPT INFILTRATION PARAMETERS
W.T.D. A B
(CM) (CM) (CM)
1 .000 .000 50.000
10.000 11.660 50.000
20.000 23.250 50.000
40.000 38.380 41.250
60.000 53.060 41.250
80.000 63.170 41.250
1 100.000 73.270 41.250
150.000 98.540 41.250
200.000 98.540 41.250
1000.000 98.540 41.250
1 TRAFFICABILITY

FIRST
SECOND
REQUIREMENTS PERIO
1 D PERIOD
-MINIMUM AIR VOLUME IN SOIL (CM): 3.90
3.90
-MAXIMUM ALLOWABLE DAILY RAINFALL(CM): 1.20
1.20
1
Page 7
NOW-11-96 10:37 FROM:L A DOWNEY ID:
Carteret County Schools
P.O. Box 600
Beaufort, N.C. 28516
[phone]
1 MEMORANDUM NO. 1292
FACE 2/3
TO., Dr. David Lenker, Superintendent
FROM: Ben Hardy
1
DATE: November 9, 1998
RE: Comparison of the M&J Properties n lor the
Location ofa Newport Middle Future Elementary School
1
1. The M&J Site would be cleared and grubbed by M&J properties except for areas left to
provide natural buffers-
The i'le.?g-Smith Site is cleared and would require extensive landscape work to provide a
1 buffer between the school site and the less than desired neighborhood property. Example:
Junkyard
2_ Sub surface conditions for support of spread footings would be guaranteed at the building
location-by M&J Properties.
1
Additional cost of footing support at the Herri nl Smith Site is an unknown-
3. The M&J Site would be encompassed by state maids on two sides and roads built by M&J
Properties on two sides. This would be the most eactive situation to separate bus, car,
1 service and delivery vehicles entering and exiting the site. in addition this would require the
shortest length of on site roads.
Smith Site only bas 440 feet of road frontage along Chatham Road- This would
The Herring-
require bus, car, service and delivery traffic entering and exiting onto the same road. This is a
situation the Department of public Instxuction.says should be avoided for safety reasons. In
addition, it would require long lengths of on site roads to enable distribution of vehicles to the
proper areas around the school. Locating an elementary school on this site would greatly
increase the amount of on site roads with only access to one public road.
MOV-11-98 10:37 FROM:L A DOWNEY iD:
/
Also with the property bordering only a small area on a public road means there would be
numerous property owners adjoining the school site. This situation is not the most desirable
since the school would not know what might be built in the future and how well this property
would be maintained. The back property line borders a railroad which would raise additional
1 safety concerns.

4. The M&J Site appears to have no major areas which would require large culverts to be .
installed. Whereas the Herring-Smith Site has a large ditch which about 1600 feet would need
to be tiled, adding to the cost ofthe site work.
/
5. M&J Properties proposes to provide water and sewer lines up to the property line.
The Herring-Smith Property would require the installation of lines from existing points of
connection to the property line at the expense of the Carteret County Board of Education. In
1 addition the limited point of access to the property would require longer lengths of on site
water and sewer lines.
In addition to the M&J Properties Site and the Herring-Smith Site, the following sites were
considered but were rejected.
/
Ziegler Site
• approximately 80% of the site was in a flood plain
• sewer line ran diagonally across the site and would have to be relocated
• access was limited to one city street
/
Gramercy Site
• approximately 50% of the site was wet lands
• sewer lime would have to be run approximately 4 miles and would require installation
under several streets and a four lane divided highway
1 • access was limited to US 70 only
Conmr/Foodlion Site
• approximately 25-30% of the site was wetlands
• sewer line cost would be approximately $450,000, part of which would be tunneling
1 underneath a four lase divided highway
• a great deal of debris would have to be removed including bwIding materials, white goods,
and abandoned cars
0

a IDEPARTMENT OF THE ARMY
IINtGTON DISTRICT,. CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
October 29, 1998
Regulatory.
Action ID. 199801870
Messrs. Pat Joyce and Danny McQueen
M&J Investments
Post Office Box 190
Newport, North Carolina 28570-0190
Dear Sirs :
Please reference our letter dated August 10, 1998, regarding your compliance with the
Department of the Army (DA) and U.S. Environmental Protection Agency's February 6, 1990,
Memorandum of Agreement (MOA) associated with Carteret County's proposal to discharge fill
material within 42.1 acres of Section 404 wetlands above the headwaters of Smith Swamp
Branch for the construction of an elementary and middle school and future development in
Newport, Carteret County, North Carolina.
As stated in the letter, the MOA provides for avoiding impacts to waters and wetlands
through the selection of the least damaging, practicable alternative; taking appropriate and
practicable steps to reduce impacts on waters and wetlands; finally, compensation for remaining
unavoidable impacts to the extent appropriate and practicable.
After reviewing the location and extent of wetlands within the property, we concur that
completely avoiding wetlands for the construction of the school is not practicable. However, the
plan shows that a significant amount of wetland impacts will occur with future development not
associated with the school. Based on lack of information provided, it is not possible to complete
an alternative analysis to determine if a DA permit can be issued for this work. Any proposal to
fill wetlands for future development must be specific and justified. Completion of an
environmental assessment that includes an alternative analysis requires identifying, justifying,
and documenting the need to impact wetlands. Identifying an area to be filled for future
development without support documentation that justifies the impact is not acceptable. It is our
position that the high ground present within the proposed development sites be used for the
construction of the school. Specifically, some the parking can be relocated within these areas
and the Football Stadium and Multi-use Play Ground Field can be realigned to further minimize
wetland impacts. This will ensure that all practicable high ground will be utilized to reduce
wetland impacts associated with the school.
-2-
Additionally, the plan includes the construction of a future elementary school on the
southern portion of the property. An alternative analysis must be conducted to ensure that
wetlands avoidance and minimization has occurred in compliance with our Section 404(b)(1)
guidelines. Specific construction plans for the elementary school must be submitted for our
review. Simply blocking out an area for parking and a building site is not acceptable and does
not satisfy our review requirements. It is our recommendation that the applicant withdraw this
section of the proposal and reapply at a later date when specific plans are available.
In the application, it is stated that alternative geographical sites were considered, but did not
meet minimum school requirements or were not for sale. Also, you state that the current site will
save approximately $750,000 in extensive water and sewer transport costs. On May 14, 1996, I
met with Mr. Errol Taylor, Carteret County School Maintenance Supervisor, regarding the
County's proposal to purchase a tract of land directly across from the present site for the
construction of the school. This tract is presently in agricultural production and appeared to be
ideal for a school site and would involve minimal or no wetland impacts. Please elaborate on
why this site was not selected and submit documentation supporting the water and sewer
transport costs by the purchase of the chosen site.
The requested is essential to the expeditious processing of your application and should be
forwarded to us within two (2) weeks of you receipt of this letter.
If you have any questions or comments, please contact me at our Wilmington Regulatory
Field Office, telephone [phone].
Sincerely,
Mickey Sugg
Regulatory Specialist
Copies Furnished:
Mr. John Parker Mr. John Dorney
Division of Coastal Management North Carolina Division of
North Carolina Department of Water Quality
Environment and Natural Resources 4401 Reedy Creek Road
Post Office Box 27687 Raleigh, North Carolina 27607
Raleigh, North Carolina 27611-7687
Carteret County Board of Education
Messrs. Paul Farley and Larry Baldwin Courthouse Square
Land Management Group, Inc. Beaufort, North Carolina 28516
Post Office Box 2522
Wilmington, North Carolina 28402 Ms. Katrina Marshal, Planner
Carteret County
Courthouse Square
Beaufort, North Carolina 28516
State of. North Carolina
Department-of Environment
and Natural Resources 1 • •
Division of Water Quality
James B. Hunt, Jr., Governor D C ^' p
Wayne McDevitt, Secretary G ' V 1?1
A. Preston Howard, Jr., P.E., Director
Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
FAX TO: C--HO UIrYI-e c??IQOi?(1 V1 U i -, I FAX NUMBER: I
FROM:
PHONE:
NO. OF PAGES INCLUDING THIS SHEET:

Carteret County is a member of the Global TransPark Development Commission and North Carolina East
September 1, 1998
1998-1999
Board of Directors
President
Eugene Clayborne
Carteret-Craven
Electric Cooperative
Vice-President
Michael Coyle
Bally Refrigerated Boxes
Secretary-Treasurer
Chris Lindelof
First Flight
Federal Credit Union
Doug Brady
Carteret County
Board of Commissioners
Hunter Chadwick
Town of Beaufort
John Gainey
Beam, Cooper, Gainey
&Associates
Don McMahan
Port of Morehead City
Gabriele Onorato
Open Grounds Farm
Al Williams
Al Williams Properties
Bob Murphy
Carteret County Manager
Ex-Officio
Donald Kirkman
Executive Director
P. O. Box 825
Morehead City NC
28557
919.726.7822
800.462.4252
FAX [phone]
[e-mail]
www.carteretedc.com
Mr. John Dorney
North Carolina Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27607
Mr. Mickey Sugg
Wilmington Regulatory Field Office
Department of the Army
Wilmington District, Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402-1890
§i
Sp 3 M

RE: Carteret County permit to facilitate the construction of an
elementary and middle school
Dear Mr. Dorney and Mr. Sugg
I am writing this letter in support of the issuance of all necessary
wetland permits with respect to the discharge of fill material into 42.1 acres of
Section 404 wetlands above the headwaters of Smith Swamp Branch to
facilitate the construction of an elementary and middle school and future
development. This matter is referred to as Action ID.199801870 in the
August 6, 1998 Pubic Notice of the Wilmington District, Corps of Engineers.
I recognize that this comment letter will be received after the August
28, 1998 deadline described in the August 6 Public Notice. As you are aware,
much of Carteret County was evacuated in anticipation of Hurricane Bonnie,
and the offices of the Carteret County Economic Development Council were
without power from August 25 through August 30. Therefore, I hope that you
will allow these comments to be entered into the record.
First, I assume that the wetlands in question have been determined to
be jurisdictional and not exempt isolated wetlands or that the owners of the
property have voluntarily agreed to subject their property to the jurisdiction of
the Corps of Engineers and the Division of Water Quality. I am generally
familiar with the property in question and I was surprised by the extent of
wetlands shown on the property as indicated on the maps circulated with the
Public Notice. Because this property is some of the highest property in Carteret County
and surrounding properties generally have relatively sandy soils with good drainage, I
suspect that the preponderance of wetlands is attributable in part to man-made
obstructions to natural drainage caused by the construction of U.S. 70 and improvements
relating to Old U.S. 70 and Hibbs Road. The property has historically been owned by the
Croatan National Forest, and it is my understanding that the Croatan Forest has taken no
action to facilitate drainage from the subject tract.
A new middle school and a new elementary school are very badly needed in the
Newport area, due to existing overcrowding at the Broad Creek Middle School on
Highway 24 and Newport Elementary School in the Town of Newport. The Carteret
County Schools have spent a significant amount of time attempting to identify sites in the
Newport area which could reaunnably be developed for school constriction. After an
exhaustive review, the Carteret County Board of Education and Superintendent of
Schools unanimously concluded that the M&J Investments tract is the best candidate for
the new middle and elementary schools. The property is very well located to serve
student populations in Newport and the surrounding region.
As you are both aware, over 50% of Carteret County's land meets the federal
definition of a jurisdictional wetland. It is extremely unlikely that any site of adequate
size to construct two schools could be identified which did not have significant wetlands,
unless the area was prior converted farmland. It is my understanding that there were no
agricultural tracts of adequate size in the Newport area which could be served with
Newport water and sewer utilities, which was a necessary prerequisite for the two new
schools. Therefore, I believe that the M&J Investments property is the best candidate for
the construction of the middle and elementary schools.
I have reviewed the mitigation proposal contained in the August 6 Public Notice.
I believe the wetland mitigation proposal goes far beyond the minimum requirements for
wetland mitigation under both federal and state regulations. Based on my understanding
of the position of the Croatan National Forest, the National Forest feels that the proposed
property exchange -1nd m t,batlJn plan will have slgnificarnt PnV:ron-mental benefits which
far outweigh any adverse impacts from the placement of fill material into the 42.1 acres
of wetlands on the M&J Investments tract. Consequently, I believe that the federal
Section 404 permit and the Section 401 Water Quality Certification should issue with
respect to this project, which will have advantages both to the Carteret County Schools
and to natural resource protection in Carteret County.
Sincerely,
a--)
Donald A. Kirkman
DAK:cy Executive Director
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers AUG 13 1998
Post Office Box 1890
Wilmington, North Carolina 28402-1890
WETLANDS GROUP,?x
Action ID. 199801870
August 6, 1998
PUBLIC NOTICE
Messrs. Pat Joyce and Danny McQueen, M&J Investments, Post Office Box 190,
Newport, North Carolina 28570-0190, has applied for a Department of the Army permit TO
DISCHARGE FILL MATERIAL WITHIN 42.1 ACRES OF SECTION 404 WETLANDS
ABOVE THE HEADWATERS OF SMITH SWAMP BRANCH TO FACILITATE THE
CONSTRUCTION OF AN ELEMENTARY AND MIDDLE SCHOOL AND FUTURE
DEVELOPMENT within a 153 acre tract located between US Highway 70 Bypass, SR 1247
(Old Highway 70), and SR 1141 (Hibbs Road), above the headwaters of Smith Swamp Branch,
in Newport, Carteret County, North Carolina.
The following description of the work is taken from data provided by the applicant, and
from observations made during an onsite inspection by a representative of the U.S. Army Corps
of Engineers. The purpose of the project is to utilize a large tract of land to construct two (2)
county schools, additional future site for a third school, and areas for non-school related
development.
Plans submitted with the application show the two (2) school sites located in the northeast
corner of Hibbs Road and Old Highway 70. Proposed facilities associated with the school
include a football stadium, multi-use play ground field, bus parking, staff and visitor parking, and
an access roadway. Plans also show a future park, located on the east side of Old Highway 70,
and a future third school site, which will be constructed south of the proposed elementary
building. In addition to the schools, the applicant has set aside approximately 35 acres of the
tract, along US Highway 70 and the south end of the property, for future development not related
to the school facilities. The wetlands within the project site are comprised of a mixed
mineral/organic soil flat, and drain in an easterly direction emptying into the Newport River.
Predominant vegetation in the wetland areas consist of Acer rubrum, Rim serotina, Liquidambar
stvraciflua, Gordonia lasianthus, Magnolia vir ing iana, Cyrilla racemiflora, LLyonia lucida, and
Ilex coriacea. Hydric soils that underlain the property include Leon sand, Murville mucky sand,
and Torhunta mucky fine sandy loam.
The property is currently owned by the U.S. Forest Service who has been the owners for
the past several decades. It is our understanding that the Carteret County Board of Education is
unable to purchase the property directly from the Forest Service. The Forest Service can only
trade for new land and the County school system can not enter into a land swap transaction at this
time. The applicant, M&J Investments, is acting as an agent in acquiring the land for the school
system: According to the applicant, two separate tracts, Sheep Ridge and Ocean, will be
conveyed to the Forest Service for the ownership title of this 153 acre tract. In agreement with
the Forest S&-vice; the applicant is proposing to use the two tracts for mitigation to offset wetland
losses incurred with the construction of the schools and future development. The Sheep Ridge
Tract is located within Croatan National Forest (Craven County side), and is approximately
460 acres. The site is encompassed by a-30 foot wide road and a 6 -foot deep borrow ditch which
flows in a southeasterly direction. DrainMod and Aral were used to analyze the drainage
influence by the ditches. Results from the models showed a 20- 50 foot drainage effect. The
total restoration area, including filling in ditches and removing the road network, would directly
restore approximately 59.0 acres of wetlands. The remaining portion of the tract will be mainly
hydrological enhancement and preservation. It should be noted that this mitigation site is located
on a topographic high, and adjoins the Sheep Ridge Wilderness Area.
The Ocean Tract, like Sheep Ridge, is bordered by the Croatan National Forest Service.
This mitigation site totals 270 acres and is located on the north side of NC Highway 24, in
Ocean. Out of the total acreage, approximately 190 acres are jurisdictional wetlands that drain
southward into Goose Creek and Bogue Sound. Other than recent silviculture activities, the
property remains undisturbed. This tract will be offered as preservation. For the entire
mitigation package, the applicant is proposing 59 acres of restoration and 571 acres of
preservation for a total ratio of 15:1. Plans showing the work are included with this public
notice.
Detailed plan sheets showing the extent of the mitigation work may be examined in the
Wilmington Regulatory Field Office of the Wilmington District Corps of Engineers at
69 Darlington Avenue, Wilmington, North Carolina 28402.
The applicant has determined that the proposed work is consistent with the North
Carolina Coastal Zone Management Plan and has submitted this determination to the North
Carolina Division of Coastal Management for their review and concurrence. This proposal shall
be reviewed for the applicability of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of the Clean Water
Act by the North Carolina Division of Environmental Management.
b. The issuance of a permit to dredge and/or fill under North Carolina General Statute
113-229 by the North Carolina Division of Coastal Management.
c. The issuance of a permit under the North Carolina Coastal Area Management Act
(CAMA) by the North Carolina Division of Coastal Management or their delegates.
d. The issuance of an easement to fill or otherwise occupy State-owned submerged land
under North Carolina General Statute 143-341(4), 146-6, 146-11, and 146-12 by the North
Carolina Department of Administration and the North Carolina Council of State.
2
4
e. The approval of an Erosion and Sedimentation Control Plan by the Land Quality
Section, North Carolina Division of Land Resources, pursuant to the State Sedimentation
Pollution Control Act of 1973 (NC G. S. 113 A-50-66).
The requested Department of the Army permit will be denied if any required State or
local authorization and/or certification is denied. No Department of the Army permit will be
issued until a-State coordinated viewpoint is received and-reviewed by-this agency. Recipients of
this notice are encouraged to furnish comments on factors of concern represented by the above
agencies directly to the respective agency, with a copy furnished to the Corps of Engineers.
This application is being considered pursuant to Section 404 of the Clean Water Act (33
U.S.C. 1344). Any person may request, in writing within the comment period specified in the
notice, that a public hearing be held to consider this application. Requests for public hearing
shall state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register
of Historic Places for the presence or absence of registered properties, or properties listed as
being eligible for inclusion therein, and this worksite is not registered property or property listed
as being eligible for inclusion in the Register. Consultation of the National Register constitutes
the extent of cultural resource investigations by the District Engineer, and he is otherwise
unaware of the presence of such resources. Presently, unknown archeological, scientific,
prehistorical, or historical data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed
activity will affect species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the public
interest. Evaluation of the probable impacts which the proposed activity may have on the public
interest requires a careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the proposal must be
balanced against its reasonably foreseeable detriments. The decision whether to authorize a
proposal, and if so the conditions under which it will be allowed to occur, are therefore
determined by the outcome of the general balancing process. That decision should reflect the
national concern for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative effects thereof.
Among those are conservation, economics, aesthetics, general environmental concerns, wetlands,
cultural values, fish and wildlife values, flood hazards and flood plain values (in accordance with
Executive Order 11988), land use, navigation, shore erosion and accretion, recreation, water
supply and conservation, water quality, energy needs, safety, food and fiber production, mineral
needs, considerations of property ownership, and, in general, the needs and welfare of the people.
For activities involving the placement of dredged or fill materials in waters of the United States,
a permit will be denied if the discharge that would be authorized by such permit would not
3

comply with the Environmental Protection Agencies' 404(b)(1) guidelines. Subject to the
preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless
the District Engineer determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. -Any comments received will be considered by the Corps of
Engineers to determine whether to issue, modify, condition or deny a permit for this proposal.
To make this decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public interest factors listed
above. Comments are used in the preparation of an Environmental Assessment and/or an
Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments
are also used to determine the need for a public hearing and to determine the overall public
interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army permit will not be
made until the North Carolina Division of Environmental Management (DEM) issues, denies, or
waives State certification required by Section 401 of the Clean Water Act. The DEM considers
whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of the Army permit
serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be reviewed at
the offices of the Environmental Operations Section, North Carolina Division of Environmental
Management, Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such
materials will be furnished to any person requesting copies upon payment of reproduction costs.
All persons desiring to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the North Carolina Division of Water Quality,
4401 Reedy Creek Road, Raleigh, North Carolina 27607, on or before August 28, 1998,
Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be received in
this office, Attention: Mr. Mickey Sugg, Wilmington Regulatory Field Office, until 4:15 p.m.,
September 4, 1998, or telephone [phone]:
4
y

12

i 74t
R¦ F A
G? H Shed ¦ i ? a ¦'. C.'t ? J `' . `? t; y .:.``? , ? \ r }O'+?
t 'WILDERNESS
C W.
&A N''T E L A N D Y
( 4 trr ? .? l t ?;' l
?+t 101 '? r
306
\ t 2'. e y
l tcirt S"`
?„? a T roAOOm .. _ - „_,?y --•s 4 ?c.°si- f' L. ..?'` r
r^ ?'?.` wrl,' f+rc.a. -Pureyrrt ..,,,w ap- r... f . =lam `. ft b c ! }
+ JE: e $()CQST? tMfL8E6RE?_C ?J 'ig f r o
?-: yam-j 'a, ,?? r // t r c :K 4?" -; ?." ,o,?, : /^6 i'? ,-, ^?•
4"z,? "frwpur6_h ?^-a/
Ss CR0A-.TAN f GAME- LAI'q ,
tr
J'' r 1
?e4 L? ?J? {_+j
•? ']r:.i ernti•rt i :. '!?/S ?F.' .?.,,.,..?, _Oce "" i :r r 1. t}?4. ?l

\
?7
?•- ? _ `l?f #`+i L !1 j•? .?eee.?.?a?? -:
..
_ RL,?.Cc?Aak J?t.. t E
1 t ..
t `
1rFi?lihQ 7tyJ A / ,
rY 4 >. /
l ? ???
`^ x
"??
s J
_
t 1 -h: -Cl?itGtY `WpT 9ir.f "'I•I?Yllt?
, i 7 [ ?., ? u..,rr...?.r:" , ,.rit<nxY vrr•Yrtr[av rr? ?.pyrf,, /,?-;,,
?
*
'
• Sraefib?aa r?vrfaTPo.ur.++ ?n'?+w+?t
, ^'m c?t.,a,.+-....x?rr?•
??
_?S ? ?aas?a?ri?
_
rr
n

rt: _ 1?..?r. 1
r+"P ,;•.
F '
IKI
y`,
r? :,c ?cMr a• wfiau'lpcck -:.RA¦r •:
U?
`
_ iSrvr,(N .. 4wWr b4r+? FtdM?41SM' ' : ?. ` -' 1 -4.,. j.
Figure 1. Vicinity maps of LAND MANAGEMENT M & J Investments
Newport, Sheep Ridge, and GROUP, INC Newport School Project
Ocean Tracts. June 1998 Carteret County, NC

r

13
_i

_ ro N..r.•h?nA rit.Y.> .
Wetlands are shown in blue
Not to scale
Figure 2. Wetland map
of the Ocean Tract.
LAND MANAGEMENT
GROUP, INC
June 1998
M & J Investments
Newport School Project
Carteret County, NC
I
t
N
a
MM
uq
F-
J
O
V
H
Z
W
Z?
Z O
0 z
W a
H v
v
tj
O
z t
z a
W
O
N
U-
0
Z
Z
W
IL
O
J
D
CO)
G
Z
g
0
W
O
IL
w
a.
V6
11
2 `
.r:,_
N ? 1
IL rk
Z 1\,
,
Z

0
D
a
c?

pO _
W
ca
W
W
m?
N
CC

~
O
-?
.ts
o f
?l
?

?Q l
a
co
.,

w

?l

Z

n

m
0
M
,L
??
s???eT 3 0? ??

16 ##
N
2000'
- - Woods Road
• • . • .. Existing Drainage Ditches
Proposed Mitigation Area (Ditches filled
Figure 5. Sheep Ridge Tract mitigation.
S?\EET A 0 F tR
Existing Roads

t
i
17
Table 1. Required mitigation totals if restoration were the only mitigation type utilized.
Distance from blue
line (ft) Area Impacted (ac) Mitigation Ratio Mitigation area
required (ac)
<150- 4.4 4:1 17.7
150-1000 24.8 2:1 49.6
>1000 12.9 1:1 12.9

Total 42.1 80.2
Overall mitigation ratio if only preservation were utilized is 1.9:1
54\Er-, T S er- to

I )

18
- Table 2. Total mitigation (a) proposed by applicant and (b) required by DWQ
standards.
(a)
Mitigation type Area (ac) Mitigation Ratio Impacts offset (ac)
Restoration 59 1.9:1 31
Enhancement 8 3.8:1 2
Preservation 591 9.5:1 62
Total 658 =- -
95
A total of 658 acres of mitigation which would theoretically offset 95 acres of wetland
impacts at prescribed ratios. Overall proposed mitigation ratio is 16:1.
(b)
Mitigation type Beginning
req. (ac) Mitigated
area (ac) Ratio Potential
Impacts
offset Remaining
area (ac)
Restoration 82.1 59 1.9:1 31 51
Enhancement 51 8 3.8:1 2.1 49
Preservation 49 465 9.5:1 49 p

Total = 532 82.1 =- _
A total of 532 acres required to offset wetland losses. An overall required mitigation
ratio of 13:1.
i
f -
4
f
5 \-NEET U 0 F (o
vY?y
?S"?J9.
wa,
d 64wC /
Q Gti(,. C3
- -------- ------ ------------ Xf /
-v 7,
Ze I- lme eL 141411-1
- e--q
?? F-41
6ROUCP
?1' _
cy,
96cd ,/fta?,n? 5wt96, inc.
At ClAw Am 252,2
*1dmM#&z, .A'o#A Vriw eta 2840,2
d' . 910-452-000,-
A .y,F Aid..
g

guile 94
C9'.h
sacs ?w. .
9rdminp(m, M 2W3
October 21, 1998
Mr. Mickey Sugg
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402
RE: Newport School Tract
October 30, 1998 meeting
Dear Mickey:
Thank you for your recent fax regarding the Newport project. As you know, we
have scheduled a meeting with you and some of the other concerned agencies
regarding the project and mitigation plan. The meeting is scheduled for Friday,
October 30, 1998 at 9:30 A.M. I also wish to formally invite all agencies to the meeting.
I believe that this will give all agencies the opportunity to have input at one time.
Please let me know if this is not acceptable to you.
I also would like to take this opportunity to clarify the itinerary of the meeting. We
would like to meet at 9:30 A.M. at the office of L.A. Downey & Son at 6994 Highway 70
Bypass in Newport. The phone # there is 252-223-3171. We can meet there for an
hour or so to discuss the fundamental questions that you or other agencies have
regarding the entire process. The developer, school board, and other involved
individuals will be available to answer questions that the concerned agencies have
regarding the design of the project. After that, we can reconvene at the impact and
mitigation sites.
I will send copies of this letter to all agencies who have commented on or
express concerns about the project. If I have omitted anyone whom you feel should be
included, please let me know. I have also enclosed location maps of the meeting site
and all three tracts.
Again, thank you for your assistance in this matter. Please feel free to contact
me if you have questions.
Sincerely:
Paul M. Farley
Wetland Scientist
cc: John DorneY, DWQ
Joanne Steenhuis, DWQ
William Westcott, NC Wildlife Resources Commission
Kim Tripp, U.S. Fish and Wildlife
Pat Joyce, M&J Enterprises
Mary Noel, National Forest Service
Croatan Forest Ranger
Ted Tyndall, CAMA
Larry Baldwin, Land Management Group
?e
?;
JC7h`` _ {oo?-?`"?
L4
Newport School Wetland Project
Agency Meeting
Friday, October 30, 1998
9:30 A.M.
At the office of:
L.A. Downey & Son, Inc.
6994 Highway 70 W. Bypass
P.O. Box 190
Newport, NC 28470
252-223- 3171
If you have questions, please call
Paul Farley or Larry Baldwin
Land Management Group Land Management Group
910-452-0001 910-686-5542
Not,
AWV-
.. 1 70 'QjG? • oMRnd '' \ I 3 06
' Poi
? g ?• onnwn Porn /
9
C

F MYdAL RO
S
?
RR .yy
-$°p
?? 8 -
o ?p,ppP. -\'? e
`• ? c `?._. ? \ -. i ?
_ t y..9
- O
?
) \

_ _ R
!LL! _? ?J J
NRRet
X.F4e?-? " /
?yR
D
Iauonal\FOrest FLmn
`` Be n _
% ' -
? R
306
- _ - y 6^° Cree"
_+ RPCT

`J 0 over
MVlRD (+ te??

tN
R?
44 \
?\

`? `
?J apx EE! P.C.

J ?/

G
,hd <
r4%Q
abWR I - CroiJ b
?"
C
\
' SV
??

-
DJ

/+' R V` - p0
4. 1

\

IMInMeoK'??/
wjjkj?

Y
- :
O A A ?7 e
I
_.__...._ ,? _.

e
lde
q
I

I = q \.
0
31 \ ?anD _

;/ c. ^.

~?' I ?t
\" !?

h.,y B-ch m
°P,""
- Minnesott Ferry
spi liff
W
demess
` ,
CH l
\
RX M9E}{NE C
$
? 308 G

RD.(
G
FR Q
- A
I.
? JcGL
BSPATION + f/ ?
3Y•.?\q - \ ._ 70
SHEEP RIDGE

r? WILDERNESS
S. El

,
RIDGE T
SHEEP CROATAN CG ?r

A r
A
GL y ?, _? \ ??\
- ?\ LL„
i,Ar

0 - I
EI rt LAND
`? r? - _ ?
/ FR , ? `-` ? 1v
I .'L-? -? 1 4`???? ?\
? ? v 1 ? J_??` RVR
306 /.,
: ?
y
f
?\
C k7;
FWV 1
?
•'" A L,.ke ?" ; _
?E PR ?-+. avelock

\N A,T F_O N? L CGL

?. 9r \6
North

POND PINE -..
WILDERNESS-
CROA AN GAME LA
D x

QNC?
Pi
w Idemes
7
O R E-S

..
si
n
o - y _. ..
° nnB ( j a \ nPoll
t-? d
T
. TR AO
Wd
e
m
ESe PoCOSJn-
' Y?OCOSfN WILE
_
• \ - eWAV RD
EENESS

//? g
f
±.. \
?
P1
-U?G IW
o
/J 1
(
J W,_ _/
?` d

V
1 ?
\
..
_ ?\
w
e -?
I
_ \-? 1
/
\
/ ?P
\'.J?? h MOW
-
ROeFRTE .? ) b 9lyD
/ GR "YRD\
r +
I \
11
CGL
I
C
I I •
E a• 1
Ve0 :9 _ L
` ?
RE
R
C
?
?

C
10
AO
1Y'
00 03 AO/}-(J
1I
/,
""FARJ 3 I ?p111
Li

CROATAN7
GAj1E LAN N
EWPORT TRACTa t

a• ? ?A - Cie ------
tVCr0a10n NF i? PG`
?
- 1 J Hull
\ ? F; i 1i I
?
\ ? F? cp
=? R / ,
?
Far. ¢ \ r ??
RD 1 \ ?
,
! - '? \ •r
couerar CLUB I
rr\ ??.?
, O 1\\ i'.4,
S
1? / Barb ei J' A _
r 1 \ \ ? `.'J ?, OAO 4 ? WATERWAY
24 j! E.
P G«4 •S O U N D
All \?% L _I^ / 31AL ._ V
THEODORE ROOSEVELT
State of. North Carolina
Department of Environment
091?FA
and Natural Resources / •
Division of Water Quality
James B. Hunt, Jr., Governor D E N R
Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director
Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
FROM:
PHONE: \ ((
NO. OF PAGES INCLUDING THIS SHEET: » '
ov? Wj,
Caw
swco,
At VlAw 5i6 2522
Wdminytm, S" %W4-4w 28402
8d' . 910-452-000Y
92044 2 .bout
AUY3: g."a.
August 24, 1998
Mr. John Dorney
State of North Carolina
Department of Environment & Natural Resources
Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27626-0535
M d J- ltwo4wA-h
RE: Newport School Application
DWQ Project #980590
Carteret County
Dear Mr. Dorney:
guile M
?9'.A
seas IW**44tW&.rdVM"
ft ", M M403
I am in receipt of your letter dated August 17, 1998, concerning the above listed
project. Thank you for your prompt response to the application. The application
actually was made in the name of M&J Enterprises, P.O. Box 190, Newport, NC 28570-
0190 rather than in my name. Please forward future correspondence to the applicant
directly with a copy to me. I will forward your letter to the applicant at once.
The applicant wishes to request that the project not be considered as withdrawn.
I will send this letter to you both through the mail and by fax in order to aid with the
proper course of action with the files.
As I discussed with Joanne Steenhuis of your Wilmington office, we will possibly
be revising the site plan request in order to better address the outparcel issues.
.You also mentioned that the mitigation was insufficient because the acreage of
the isolated wetlands was not accounted for in the mitigation plan. While this area
does not fail under Corps jurisdiction, we feel that the mitigation proposed meets the
required ratio for that fill if the state requires mitigation for this area. Specifically, the
isolated wetland totals 0.47 acres and is located greater than 1000' from the blue line
stream (see Figure 4 located on page 15 of the mitigation plan). As you know, The
ratio for this distance is 1:1 for restoration or 5:1 for preservation. Also there would be
a minimum of 42.57 acres of restoration and/or creation required to meet your
regulation. The mitigation plan proposes the restoration of 59 acres of wetlands and a
total restoration enhancement, and preservation of 658 acres. My calculations are that
these totals would offset 82.1 acres of wetland impacts at the ratios required (see
Tables 1 and 2 of the mitigation plan). Therefore any additional mitigation required for
the isolated wetlands is more than adequately addressed by the mitigation proposed.
I will be contacting you in the near future to set up a meeting with the Corps,
DWQ, and any other concerned agencies. I believe it would be wise to arrange this
meeting after the public review period in order that all comments can be addressed. In
the meantime, if you have further comments regarding the mitigation, the applicant
would appreciate receiving these within the next two weeks. This will allow Land
Management Group the opportunity to make any needed revisions before the on-site
meeting and therefore expedite the permit process. If I do not receive additional
comments, I will assume that you do not have any major concerns with the proposed
mitigation at this time.
Again, thank you for your letter. If you have any further questions, please
contact myself or Larry Baldwin.
Sincerely:
Paul M. Farley
Wetland Scientist
cc: Joanne Steenhuis, DWQ
Messrs. Pat Joyce and Danny McQueen, MW Enterprises
• DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGII
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO August 6, 1998
Regulatory Division
Action ID. 199801870
Mr. John Dorney
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Dear Mr. Dorney:
low 13
NDS CRO???S
1n.1rt0 MITI ITY e9N, . -,-
Enclosed is the application of Messrs. Pat Joyce and Danny McQueen, M&J Investments,
Post Office Box 190, Newport, North Carolina 28570-0190, for a Department of the Army
permit to discharge fill material within 42.1 acres of Section 404 wetlands above the headwaters
of Smith Swamp Branch to facilitate the construction of an elementary and middle school and
future development within a 153 acre tract located between US Highway 70 Bypass, SR 1247
(Old Highway 70), and SR 1141 (Hibbs Road), above the headwaters of Smith Swamp Branch,
in Newport, Carteret County, North Carolina. Your receipt of this letter verifies your acceptance
of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative
regulations.
We are considering authorizing the proposed activity pursuant to Section 404 of the Clean
Water Act, and we have determined that a water quality certification may be required under the
provisions of Section 401 of the same law. A Department of the Army permit will not be granted
until the certification has been obtained or waived.
In accordance with our administrative regulations, 60 days after receipt of a request for
certification is a reasonable time for State action. Therefore, if you have not acted on the request
by October 6, 1998, the District Engineer will deem that waiver has occurred.
-2-
Thank you for your time and cooperation. If you have any questions or comments, please
contact me at telephone [phone].
Sincerely,
"YV 41
Mickey Sugg
Regulatory Specialist
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Joanne Steehuis
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845
Mr. Ted Tyndall
Division of Coastal Management
Hestron Plaza two
151-B Highway 24
Morehead City, North Carolina 28557
Aba a4MVCM-e1nt 54MP JW4r,.
Gt4lLyltMt&1 wofta&" \ Q `?,l O
.d o Paz 25,4'. Su°S?
Vd &a, .i 1WA %6vkwa
J'l 8110-452-000,-
Se .
July 2, 1998
Mr. Mickey Sugg
U.S. Army Corps of Engineers
P.O. Box 2522
Wilmington, NC 28402
RE: M&J Investments
Wetland Fill Request
Dear Mickey:
RECEIVED
JUL 07 1998
ya& o
9«..y A." eg. 9.A
.1805 9V#*4&,& .sdvmw
' Vd6i'Wton, M WQ W'y
REGULATORY
WILIMINGTON FIELD OFFICE
Enclosed is an wetland fill permit request by M&J investments in Newport North
Carolina. The request calls for impacts to 42.1 acres of wetland impacts associated
with the development of a 153 acre tract located in the triangle formed by Hwy 70, old
highway 70, and Hibbs Road, south of Newport. The enclosed mitigation plan calls for
mitigation both on and off site.
Thank you forgiving this matter your prompt attention. Please contact Larry
Baldwin oar, me if you have questions.
Sincerely:
Paul M. Farley
Wetland Scientist
cc: John Dorney, DWQ
LAND MANAGEMENT GROUP, INC. ?..
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT,J U L 0 7 1998
Privacy Act Statement REGULATORY
Authority. 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require permits authorizingg??n11M*FFICE
waters of the United States, the discharge of dredged or fill material into waters of the United States, and the trans on of
dredged material for the
purpose of dumping it into ooeen waters. Routing Uses: information provided on this form will be used in evaluating this application for a permit.
Disclosure, Disclosure of requested information is voluntary. If information is not provided however, the permit application cannot be processed nor can a
permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application
(see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An
application that is not completed in full will be returned
(ITEMS BELOW TO BE FILLED BY APPLICANT)
5. APPLICANTS NAME 8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not
required)
M&J Investments
Larry Baldwin or Paul Farley
Land Management Group, Inc
6. APPLICANTS ADDRESS 9. AGENT'S ADDRESS
P.O. Box 190 P.O. Box 2522
Newport, NC 28570-0190 Wilmington, NC 28402
7. APPLICANT'S PHONE NOS. W/AREA CODE 10. AGENTS PHONE NO. W/AREA CODE
a. Residence 910-452-0001
b. Business 252-223-2171 910-452-0060 (fax)
11. STATEMENT OF AUTHORIZATION
I hereby authorize Land Management Group, Inc. to act in my behalf as my agent in the processing of this application and to fumish, upon request,
supplemental information in support of this permit application. ,

APPLICANTS SIGNATURE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE Newport School Tract
13. NAME OF WATERBODY, IF KNOWN (if applicable)
14. PROJECT STREET ADDRESS (if applicable)
Smith's Swamp Branch
15. LOCATION OF PROJECT
see question 16
COUNTY Carteret STATE North Carolina
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN The tract is located within a triange formed by U.S. Hwy 70, Hibbs Road
(S.R. 1141), and old hwy 70 (S.R. 1247)
17. DIRECTIONS TO THE'SITE See question 16
18. NATURE OF ACTIVITY (Description of project, include all features) The development plan includes two school locations
along with related infrastructure and space for future school expansion; as well as areas to facilitate development
19. PROJECT PURPOSE (Describe the reason or purpose of the project) To provide two school sites, related infrastructure and
non-related development
USE BLOCKS 20-221F DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. REASON(S) FOR DISCHARGE To allow for sufficient space for development
21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS
Fill will conform to acceptable engineering standards
22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED 42.1
23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? No
24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, Etc., WHOSE PROPERTY ADJOINS THE WATERBODY
North Carolina Department of Transportation
U.S. Hwy 70
Newport NC 28570
252.223-4811
25. LIST OTHER CERTIFICATIONS OR APPROVALS/DENIALS RECEIVED FROM OTHER FEDERAL, STATE, OR LOCAL
AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION
AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
Woul d include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the
information in this application is complete and accurate. I further certify that I possess the authority to undertake the work
described herein or am acting as the duly authorized agent of the applicant.
SIGNATURE OF APPLICANT DA
18. U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and
willfully falsifies, conceals, or cowers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or
representations o r makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be
fined not more than $10,000 or imprisoned not more than five years or both.
FI- *
L
6mi
f[
i
c
z
0
i
W
NI V-
Alp
1
1Mwnert F i; ?? 1 a
a
?

?Q
?

O
c

3
;<
o
pip m

q
?
Q
?
?
r
m
j
?
11

o
c

G
•N
0

a

4A c

o -n ? m --i D
z mZ
o

CL N

M
A
o" X

cm:r

0 D C0
v c iv z = i
U) M
- 0) C?

tC
Q n
°' F -4
O
?O
OD
O
vm
?m m CD K m

., D F -n-I ;
v
v m ai
m
m
L7
a '
; o
vo

v A
?
school

m A \1

0
0
,
1
14
M
'O
v/
v
m
a
CO)
m
m
r
m
z
z 3
a
0
? 0
CO)
O =
c. m
sy -p
O
? I
®>
M
0 m
X
q
O
o z
s
n•
m 3
o
'm z
m
m
q
Cl)
CO)
2
O
r
--I
W
v
m
t
CRbA T?ik Apt r
toN
GL w \ Sheej?N-J Rich`
f.:
lip ?Z"
NE!55 7,
1
.F_. F y eM..w a
'
V GAME ` LAND
z

?
.
.N
rI
? i
?
V
C
?

r ?r wl tY C..•„ '+'.f '?
'
?

( CHO AN
EZJ a \ ;
: • c CA
/
_ iri S
y1£S
1
d
f ' 4?
? ? ` (
y11°//(
.t? .lcTes"'ST
. i
?
? •??-
i

.. L

^A\.
T ORE, P1 41
n- _ r t •- ! -?
:T ? !?`y"?? v? mcs+ .. ?r•c .> ..-" F' n ? .. _ _ fi ` `'? ??t ? t ? i
nee. ae lei
7-P3C'C.S4*v +NILDLiZc"E4_? it J `'+s
l_ `c. arc]
f.
CROr1-T 3G A1iE _ LRI E1
r
i h pr.+nxv ? s ? • ->/'? ( -.,'?? ?? III ? Sys f
X"i
s xa
,t`. .k?rnnANilI., A- ?! i t .vtXi,YV 1 •.. s`` ';l'.6kgatlGh oN
W t ? C ( ?71 ? 14+.vM.r rr •rixr r# wtF+'C; ..?, ?,' p
??ubbmv: t?rvancn+w 4f z ?; .. u.??,,...,., •r.xic? '. ? ?? ?8.
t rr f ?, "?lGwrr r ?t ItrtAK 81ro14. ?4e+` .r+•^., ^.
z '? ? A. ., • ? r? .?.e?y ? ysauu, 'a"7 ' eeei7ryRVS?veenh. ar ,,.;B.R? ,.. ? ti .
12

?! r
pNM // t
r`E
(w
r ys, ,.
Figure 1. Vicinity maps of LAND MANAGEMENT M & J investments
Newport, Sheep Ridge, and GROUP, INC Newport School Project
Ocean Tracts. June 1998 Carteret County, NC

N

13

Figure 2. Wetland map
of the Ocean Tract.
I
LAND MANAGEMENT
GROUP, INC
June 1998
M & J Investments
Newport School Project
Carteret County, NC

16
N
2000'
- - - Woods Road
...... Existing Drainage Ditches
tq Proposed Mitigation Area (Ditches filled
Figure 5. Sheep Ridge Tract mitigation.
Existing Roads

17
Table 1. Required mitigation totals if restoration were the only mitigation type utilized.
Distance from blue
line (ft) Area Impacted (ac) Mitigation Ratio Mitigation area
required (ac)
<150 4.4 4:1 17.7
150-1000 24.8 2:1 49.6
>1000 12.9 1:1 12.9
Total 42 1 ?°" ' 80.2
Overall mitigation ratio if only preservation were utilized is 1.9:1
f
1.

I
Table 2. Total mitigation (a) proposed by applicant and (b) required by DWQ
standards.
(a)
18
Mitigation type Area (ac) Mitigation Ratio Impacts offset (ac)
Restoration 59 1.9:1 31
Enhancement 8 3.8:1 2
Preservation 591 9.5:1 62

Total 658 95
A total of 658 acres of mitigation which would theoretically offset 95 acres of wetland
impacts at prescribed ratios. Overall proposed mitigation ratio is 16:1.
(b)
Mitigation type Beginning Mitigated Ratio Potential Remaining
req. (ac) area (ac) Impacts area (ac)
offset
Restoration 82.1 59 1.9:1 31 51
Enhancement 51 8 3.8:1 2.1 49
Preservation 49 465 9.5:1 49 0
Total r 532 82.1
T
__..t. - T _.
A total of 532 acres required to offset wetland losses. An overall required mitigation
ratio of 13:1.

Carferef County Cr®ssr®ailX11s
P. 0. Box 155 .28516
September 23, 1998
Mr. Mickey Sugg
Wilmington District, Corps of Engineers
P.O. Box 1890
Wilmington, NC 28402
Dear Mr. Sugg:
We are writing in regard to Action ID 199801870, a request
to destroy 42.1 acres of wetlands near Newport, in Carteret
County. Some of these wetlands are to be filled in to provide
sites for public schools. Other wetlands will be filled in to
provide sites for commercial development.
We realize that the official comment period for this notice
is over. However, because the public notice contains
inaccurate/misleading information, we believe that this notice
should be corrected and resubmitted for public notice.
Three inaccuracies are particularly troubling:
1) The public notice states on page 2 that "..two separate
tracts, Sheep Ridge and Ocean, will be conveyed to the
Forest Service for the ownership title of this 153 acre
tract." This is not correct. The Sheep Ridge tract
identified in this notice has always been owned by the
Forest Service. It has not been conveyed to the Forest
Service as part of this project. We fail to understand how
information that is so incorrect could have been
incorporated into the public notice.
2) The public notice states on page 2 that "For the entire
mitigation package, the applicant is proposing 59 acres of
restoration and 571 acres of preservation for a total ratio
of 15:1." This proposal does not preserve 571 acres of
wetlands. The Ocean tract, that is being (or has been)
conveyed to the Forest Service, contains 190 acres of
wetlands. These are the only wetlands that are being
preserved as part of this project. As stated above,
w
Carteret County Crossroa&
P. O. Box 155 -2- Beaufort, N. C. 28516
the Sheep Ridge tract was already owned by the Forest
Service.
3) The public notice states on page 3 that "The District
Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical
habitat, designated as endangered or threatened pursuant to
the Endangered Species Act of 1973." However, numerous
rough-leaf loosestrife (Lysimachia asperulifolia) have been
documented on this property, and their occurrence is part of
the N.C. Natural Heritage Program database. This database
is availabe to the District Engineer and to any consultants
employed by the developers.
Some other concerns/questions we have about this project; are
as follows:
1) There is no evidence that the Corps/applicants have made
any efforts to avoid or minimize wetland losses associated
with this project. According to the Carteret County News-
Times (August 19, 1998), other sites were available for
the school that is planned for the first phase of this
project..
2) We do not think that the partial restoration of the
pocosin wetlands (which, being organic soils--Dare and
Croatan mucks, certainly already meet the criteria of
wetlands) at Sheep Ridge Pocosin represent any meaningful
compensation for the loss of the headwaters wetlands at the
Newport tract. We do think that removal of the ditches at
the Sheep Ridge tract is a very desirable action, one that
should be taken by the Forest Service at this and other
sites, but it should not be used to justify the destruction
of wetlands elsewhere. This action certainly does not
represent any effort toward the goal of "no net loss".
3) We are very concerned about declining water quality in
the Newport River estuary. Just recently, another 100 acres
of very productive shellfish waters in the Mill Creek area
have been permanently closed to shellfishing. As you are
aware (based on the public notice), the wetlands that the
Corps are considering for destruction are headwaters
wetlands that filter into the Newport River. The
destruction of such wetlands, especially when considered
cumulatively, are certainly leading to water quality
degradation of the river.
Aft
P. O. Box 155 Beaufort, N. C. 28516
-3-
4) If it is imperative that the wetlands of the Newport
tract must be destroyed (and the Corps has presented no
evidence that this is the case), then mitigation efforts
should represent real compensation, and should focus on
the Newport River estuary, the area that will be negatively
affected by the proposed project.
ceLBierl
Dick President
cc. The Honorable Walter Jones
Dr. John Dorney, NCDWQ
Dr. Steve Benter, NCDCM
Mr. John Ramey, USFS
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
1?•
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 17, 1998
DWQ Project # 980590
Carteret County
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Paul Farley
Land Management Group
PO Box 2522
Wilmington, NC 28402
Dear Mr. Farley:
The Division of Water Quality has reviewed your plans for the discharge of fill material into 42.10 acres of
streams and/or wetlands located at the Newport Tract in Carteret County for school and commercial development.
Based on this review, we have identified significant uses, which would be removed or degraded by this project. These
uses are water storage, wildlife habitat and pollutant removal. Furthermore, insufficient evidence is present in our files
to conclude that your project must be built as planned in waters and/or wetlands in accordance with 15A NCAC 2H
.0506. Therefore, unless modifications of the proposal are made as described below, we will have to move toward
denial of your 401 Certification as required by 15A NCAC 2H .0507(e) and will place this project on hold as
incomplete until we receive this additional information. Until we receive additional information, we are requesting (by
copy of this letter) that the U.S. Army Corps of Engineers place your project on administrative hold.
Please provide us with information supporting your position that states your project must be constructed as
planned and that you have no practicable alternative to placing fill in these waters and/or wetlands. Specifically can you
construct your development on the "future development out parcels" by minimizing the fill? Any documentation such
as maps and narrative that you can supply to address alternative designs for your project may be helpful in our review of
your 401 Certification. Also this project will require compensatory mitigation as described in 15A NCAC 2H .0506(h).
Your mitigation proposal is insufficient because the acreage of the isolated wetlands to be filled (0.47) was not
accounted for in the mitigation plan.
Please respond within two weeks of the date of this letter by sending a copy of this information to me and one
copy to Ms. Joanne Steenhuis Wilmington Regional Office at 127 Cardinal Drive Extension Wilmington NC 28405.
If we do not hear from you in two weeks, we will assume that you no longer want to pursue this project and we will
consider the project as withdrawn. I can be reached at 919-733-1786 if you have any questions.
Domey
JWer ,
Quality Ce gicatio Program
cc: Wilmington DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
John Domey
Wilmington Field Office Corps of Engineers
980590.nty
Division of Water Quality - Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 - Telephone [phone] - FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

qkVto, A4.
n n&I %n4a&nA
aa eA. a. ism
9edm6w", ,Ao+f/? Vaw4o& n4n,2
r. ' z 910--sQ-0001
a d&d
,' gr aL".
August 24, 1998
Mr. John Dorney
State of North Caroline
Department of Environment & Natural Resources
Division of Water Quality
4401 Reedy Creek Read
Raleigh, NC 27626-0635
RIB: Newport School Application
DWQ Project #980590
Carteret County
Bear Mr. Dorney:
9 in
seas %l?.r?.,?!!a
l am in receipt of your letter dated August 17, 1998, concerning the above listed
project. Thank you for your prompt response to the application. The application
actually was made in the name of M&J Enterprises, P.Q. Box 190, Newport, NC 28570-
0190 rather than in my name. Please forward future correspondence to the applicant
directly with a copy to me. I will forward your letter to the supplicant at once.
The applicant wishes to request that the project not be considered as withdrawn.
I will send this letter to you both through the mail and by fax in order to aid with the
proper course of action with the files.
As I diecussed with Joanne Steenhuis of your Wilmington office, we will possibly
be revising the site plan request in order to better address the outparoel issues.
You also mentioned that the mitigation was insufficient because the acreage of
the isolated wetlands was not accounted for in the mitigation plan. While this area
does not fall under Corps jurisdiction, we feel that the mitigation proposed meats the
z00in aIIOx!) sKaHH9V VN (INVI 0900 UP Oi6 yva zt:Tz MON 96/bZ; 80

required ratio for that fill if the state requires mitigation for this area. Specifically, the
isolated wetland totals 0.47 acres and is located greater than 1000' from the blue line
stream (see Figure 4 located on page 15 of the mitigation plan). As you know, The
ratio for this distance is 1:1 for restoration or 5:1 for preservation. Also there would be
a minimum of 42.57 acres of restoration and/or creation required to meet your
regulation. The mitigation plan proposes the restoration of 59 acres of wetlands and a
total restoration enhancement, and preservation of 65e acres. My calculations are that
these totals would offset 82.1 acres of wetland impacts at the ratios required (see
Tables 1 and 2 of the mitigation plan). Therefore any additional mitigation required for
the isolated wetlands is more than adequately addressed by the mitigation proposed.
I will be contacting you in the near future to set up a meeting with the Corps,
DWQ, and any other concerned agencies. I believe it would be wise to arrange this
meeting after the public review period in order that all comments can be addressed- In
the meantime, if you have further comments regarding the mitigation, the applicant
would appreciate receiving these within the next two weeks. This will allow Land
Management Group the opportunity to make any needed revisions before the on-site
meeting and therefore expedite the permit process. If I do not receive additional
comments, I will assume that you do not have any major concerns with the proposed
mitigation at this time.
Again, thank you for your letter. If you have any further quesuons, please
contact myself or Larry Baldwin.
Sincerely:
Paul M. Earley '
Wetland Scientist
cc: Joanne Steenhuis, DWQ
Messrs. Pat Joyce and Denny MoQueon, MW Enterprises
00016 daOUD lKaffaffM QNF'I 0900 M OT6 YVa CV:TZ NOR 86/VZ/80
.MEMORANDUM
TO: John Dorney
Non-Discharge Branch
SNI
Regional Contact: 57M-00(4 r-5
WO Supervisor: - / 6 12
Date: R1_31qS J.
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS ?.
Facility Name M & J Investments/ Newport School Site County CArteret
Project Number 98 0590 County2
Recvd From APP'
Received Date 7/7/98 Recvd By Region 7-16-,-175
Project Type school construction
Region Wilmington
Certificates Stream
Permit Wetland Wetland' Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp, Basin Req. Req.
Ind H«'F OO T _0N F_ 21-10 F_c-F_030503 42.1 01-
Mitigation wetland
MitigationType Type Acres feet
AUG - 7 1998
WETLANDS URUP
Is Mitigation XY Q N 4Uf?TER UALITY SECT'
Did you request more info? 0 Y 0 N
Is Wetland Rating Sheet Attached? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
Comments: Recommendation: 0 Issue 0 Issue/Cond 0 Deny
iin
JF, Ci,
cc: Regional Office
Central Office Page Number 1
•
a
Y"d a&4uw'e"?-? 5WC96? t
9W C)Fw J66 2522
Wdm ( ?
aytm, ?{roWA 4°a dna 28402 : s/'
9d'. 9Y0-452-0001
9o6eet 2. .foul
Y... g' a"..
°XC 92 diouiaon
I. 9-
July 2, 1998
Mr. Mickey Sugg
U.S. Army Corps of Engineers
P.O. Box 2522
Wilmington, NC 28402
RE: M&J Investments
Wetland Fill Request
Dear Mickey:
guile ;4
9 ep. 9.k
280,5 ?W1"kA beille . vmm
9i41lmift#&a, M 28403
JUL 7 Xm
5
Enclosed is an wetland fill permit request by M&J investments in Newport North
Carolina. The request calls for impacts to 42.1 acres of wetland impacts associated
with the development of a 153 acre tract located in the triangle formed by Hwy 70, old
highway 70, and Hibbs Road, south of Newport. The enclosed mitigation plan calls for
mitigation both on and off site.
Thank you for giving this matter your prompt attention. Please contact Larry
Baldwin or me if you have questions.
Sincerely:
Paul M. Farley
Wetland Scientist
cc: John Dorney, DWQ V?
-10k , - wG?o .1?0 5ivc.
yUt?
03./3,1/97 RON 10:47 FAX [phone] U5r'FY5-KALh1Litl,M;
My
MgkT OCR C.
United States Department of the InteriorFILE
H FISH AND WILDLIFE SERVICE
g Balogh Field Office
Post Office Sox 33726
ACN 77 ?e°9 Raleigh. North Carolina 27636$726
March 4, 1997
Mr. Robert C. Joslin
Regional Forester
United States Department of Agriculture
IJ.S. Forest Service, Southern Region
1720 Peachtree Road, NW
Atlanta, Georgia 30367
Ike: The Proposed Land Exchange of the Newport Triangle Tract on the Croatan National Forest,
in Carteret County, North Carolina.
FWS Log No: 214,
Forest Service File Code: 2670
Dear I&. Joslin:
The U.S. Fish and Wildlife Service (Service) has reviewed your November 19, 1996 letter and
Biological Assessment concerning a proposed land exchange of a 268 acre parcel (the Newport
Triangle Tract) for a 513 acre parcel (the Sikes Tract) on or adjacent to the Croatan National
Forest (CNF) in Carteret County, North Carolina. Your request for a formal consultation was
received on November 22, 1996. This document represents the Service's biological opinion on
the effects of that action on rough-leaved loosestrife (Lvsimachia asaeralae ia) in accordance
with Section 7 of the Endangered Species Act of 1973, as amended, (16 U.S.C. 1531 et sMce •.)
(ESA). This report does not address the requirements of other environmental statutes, such as
the National Environmental Policy Act nor the Fish and Wildlife Coordination Act.
This biological opinion is based on information provided in your November 19, 1996 letter and
attached biological assessment, telephone conversations of March 22, 1996 and December 6,
1996 with Steve Simon and of September 30, 1996 and October 8, 1996 with Barney Gyant, a
field investigation by Service personnel, and other sources of information. A complete
administrative record of this consultation is on file in this office.
Based on information in your biological assessment and other information available to the
Service, we concur with the Forest Services's (FS) determination that the proposed action is not
likely to adversely affect the red-cockaded woodpecker (Picoides borealis). This "not likely to
adversely affect" determination is based on the premise that the FS will continue to manage the
habitat on the Sikes tract to provide foraging habitat and cavity replacement tree habitat for the
three existing red-cockaded woodpecker clusters (RCWs) documented to exist there.
WJ wt.
03/31/97 MON 10:48 FAX [phone] u?rn?-tctsl.?ttrn.lvV w?
Consultation History
March 22, 1996 - Mr. Steve Simon of the FS contacted Ken Graham of my staff concerning a
proposed land exchange in the CNF. Mr. Simon explained that the CNF tract to be exchanged
(the Newport Triangle Tract), supported rough-leaved loosestrife. Development surrounding the
tract had made it increasingly difficult to prescribe burn the area. The land to be acquired by the
exchange (the Sikes Tract) also supported the growth of rough-leaved loosestrife. The amount
present was unknown, since no systematic survey of the entire area had been carried out. Mr.
Simon suggested an onsite meeting at CNF to assess the two areas. This office suggested that
the recovery coordinator for rough-leaved loosestrife (Nora Murdock of the Asheville Field
OtTice) be invited to the onsite meeting.
May 2, 1996 - Ken Graham of my staff and Nora Murdock of the Asheville Field Office met
along with several members of the FS and a representative of the North Carolina Natural
Heritage Program. The purpose of the field investigation was to evaluate the two tracts for their
ability to support the growth of rough-leaved loosestrife and their value for active clusters of
RCWs. No rough-leaved loosestrife was observed on either tract, possibly due to the early
season or the lack of prescribe burning through the poeosin / pine savanna ecotones. Foraging
habitat for RCWs was present on the tract to be disposed of, and a nearby active RCW cluster
(on CNF land) was examined. Active cavity trees on and adjacent to the tract to be acquired
were also inspected.
September 30,1996 - Mr. Barney Gyant of the CNF contacted Ken Graham of the Service. Mr.
Gyant called to obtain recommendations on how the FS should proceed with the proposed land
exchange on CNF. It was discussed as to whether the FS could obtain a conservation easement
that protected the rough-leaved loosestrife areas on the property to be exchanged. In this manner,
a formal consultation could perhaps be unnecessary, since the exchange would not result in a
direct loss of the plant. Mr. Gyant indicated that the CNF would explore the feasibility of
obtaining. such an easement. (As later indicated by Nora Murdock of the Service, the rough-
leaved loosestrife areas on the existing CNF site would eventually be lost unless the new
property owners were willing to prescribe burn the areas). Mr. Gyant indicated that a foraging
habitat analysis for RCWs on the existing CNF site had not been completed to indicate if RCWs
could be affected by the proposed land exchange.
October 8, 1996 - Mr. Barney Gyant of the CNF contacted Ken Graham of the Service. The
CNF had discussed the idea of trying to obtain an easement-for protecting the rough-leaved
loosestrife, but were not comfortable with the idea. CNF was in the process of drafting a
Biological Assessment for the proposed land exchange. On November 4, 1996 the Service
received a draft Biological Assessment for the proposed land exchange. The Asheville Field
Office requested that the Forest Service check the map submitted with the Biological Assessment
to make certain that the boundaries of the two properties and map scale were correct as
submitted.
November 19, 1996 - The FS requested the initiation of formal consultation for the proposed
03/31/97 MON 10:48 FAX 1 918 b*0 4000 uarna-r"LLCivn,ov
land exchange. The letter and attached Biological Assessment were received in this office on
November 22, 1996.
December 6, 1996 - Ken Graham of the Service contacted Steve Simon of the FS to confirm that
this office had received the formal consultation request including a large map (sent separately).
In this discussion, Steve Simon confirmed that the current forest type on the tract to be procured
had been left blank because no systematic "stand" survey of the property had been conducted. In
addition, the potential natural vegetation information portrayed on the map came from a
commissioned study procured by the FS. In response to Nora Murdock's (of the Service)
request, the FS reviewed and reconfirmed the accuracy of the boundary lines for the two tracts
portrayed on the maps, and reconfirmed the acreage figures for the two tracts. When asked about
the; FS intentions to manage the acquired tract by prescribed burning, Steve Simon indicated that
the new tract would be incorporated into the overall management plan for CNF. As a result of
the. recently completed Biological Opinion for the FS management of RCWs in the National
Forests of the Southern Region, the CNF was in the process of writing their new management
plan. It was pointed out that the FS was currently managing the adjoining CNF lands by
prescribed burning, and it was likely that they would continue the practice on the acquired land.
In any case, they would manage the tract as required under the new management plan for the
CNF, which the Service would have the opportunity to review during future consultation. Steve
Simon indicated that the FS would likely be amenable to a Conservation Recommendation to
manage the newly acquired tract for RCWs and rough-leaved loosestrife until the new
management plan was approved and in place.
Biological Opinion
Description of the proposed action
The CNF proposes a land exchange in Carteret County, NC to consolidate CNF ownership and
management along State Road 24 and to remove from CNF ownership an area that is difficult to
manage due to the proximity of highways and residential development.
The land to be removed from CNF ownership is located south and west of Newport, NC and
covers approximately 268 acres. The tract is bounded by US 70, State Road 1247 and Hibbs
Road (SRI 141). It also includes an isolated portion of land southeast of Nine Foot Road and US
70 (see Figure 1). The tract is referred to as the "Newport Triangle" by the FS, and consists of a
series of alternating low ridges and shallow swales. Generally, vegetation is -predominantly open
longleaf pine savannas on the ridges and pocosin in the swales. Mixed pine savannas and .
sxvamp forests occur in poorly drained sites. Much of the forest is over 60 years in age with
some individual trees older than 100 years. A young loblolly pine plantation occupies
approximately 22 acres on the tract. If the land exchange were to take place, a school would
most likely be constructed on a portion of the tract.

The land to be acquired by the CNF is referred to as the "Sikes Tract" by the FS, and is located
03/3,1/97 MON 10:49 FAX [phone] USrIVS-liA1.?1(Gri,lvl;
north of Ocean, NC and west of Sikes Branch. It encompasses approximately 513 acres and
includes all private lands north of State Road 24 from Sikes Branch to County Road 1119. It is
bounded on the north by CNF lands (see Figure 1). The tract consists of sinuous low ridges and
shallow swales, but has less of an alternating vegetation pattern than the Newport Triangle.
Similar to the Newport Triangle, the ridges are generally dominated by longleaf pine savannas,
and the swales by pocosin. Reconnaissance of the Sikes Tract and observations on the adjacent
CNF lands indicate that the forests of this tract are generally greater than 60 years in age.
Status of the Species -range wide
Rough-leaved loosestrife is a rare perennial herb, endemic to the coastal plain and sandhills of
North and South Carolina. It was Federally listed as endangered in 1987. It is associated with
sandy or peaty soils and moist open habitat that was more abundant prior to the development of
tht coastal region of the Carolinas. Urban development, conversion of land to intensive
agricultural and silvicultural uses, and associated drainage and fire suppression have greatly
reduced this habitat (U.S. Fish and Wildlife Service, 1995).
'I'lie habitat for rough-leaved loosestrife is generally in the ecotone between longleaf pine or oak
savannas and wetter, shrubby areas, where sandy or peat soils occur and where low vegetation
allows abundant sunlight in the herb layer. Fire is the principal factor that naturally maintains
the low vegetation. Rough-leaved loosestrife is associated with six natural community types:
low pocosin, high pocosin, wet pine flatwoods, pine savanna, streamhead pocosin, and sandhill
seep. It has also been found in peaty pond margins and in disturbed sites, such as roadside
depressions, power line rights-of- ways and firebreaks (U.S. Fish and Wildlife Service, 1995). In
cases where the plant is found in disturbed areas, these are generally sites where suitable habitat
existed prior to the disturbance or immediately adjacent to suitable rough-leaved loosestrife prior
to the disturbance (Nora Murdock, personal communication, 1997).
Drainage and conversion of habitat to agricultural uses and pine plantations, residential and
industrial development, and fire suppression have all contributed to the decline in habitat for
rough-leaved loosestrife. Recently, additional sites have been discovered on four military bases
where prescribed burning and training activities resulting in fire on the bases have maintained
habitat favorable to the plant. However, military activities including timber harvesting, use of
heavy equipment, and military training could be deleterious if not conducted carefully. In
addition, erosion from such activities can negatively affect the plant. Fire suppression threatens
the plant, since the absence of fire allows shrubs in rough-leaved loosestrife habitat to increase in
size, shading out the plant. In addition, the activities involved in controlling fire may include
plowing fire breaks. Plow lines have traditionally been placed at the pocosin - savanna and
pocosin - sandhill ecotones, the primacy habitat of the plant. The outer coastal plain and the
slndhills regions of the Carolinas are experiencing rapid population growth. Urbanization and
suburbanization impact the habitat of the plant in direct and indirect ways. Habitat is directly
destroyed, and the proximity of developed areas to rough-leaved loosestrife habitat interferes
with the fire regime needed for persistence of the plant (U.S. Fish and Wildlife Service, 1995).
WJ v.
Historically, rough-leaved loosestrife has been collected from 14 counties in North Carolina and
03/31/87 RON 10:48 rAA 1 818 800 4aao uOrna-avLL.Qivu,iw two counties in South Carolina. In North Carolina, it is believed to be extirpated from Richmond
and Columbus counties and extirpated in ten additional recorded sites in six other counties. In
South Carolina, it is believed to be extirpated from its historical range in Darlington County. At
the. time when the Final Recovery Plan was written (1995), there were 58 rough-leaved
loosestrife sites in North Carolina and one site in South Carolina. Since that time an additional
site has been located by the North Carolina Department of Transportation (NCDOT) in New,
Hanover County (Hal Bain, NCDOT, personal communication, 1996). Nearly all remaining sites
are on publicly owned land, with the majority on Federally owned land (U.S. Fish and Wildlife
Service, 1995).
Environmental baseline
Status of the species within North Carolina
Of the 59 currently known rough-leaved loosestrife sites in North Carolina, all but eight are on
military bases, U.S. Forest Service lands, under the jurisdiction of the State of North Carolina, or
controlled by the Nature Conservancy. As a result, most of these sites are being managed to the
benefit of the plant. The type and degree of management and protection varies among the
different agencies and locations, however. In addition, Carolina Power and Light Company
currently manages three areas of rough-leaved loosestrife in North Carolina along power lines.
Oae site is on Ft Bragg, one on Camp Lejeune and one on private property (U.S. Fish and
Wildlife Service, 1995). Although Carolina Power and Light Company has shown cooperation
in protecting these sites, some damage was noted at the Ft. Bragg location several years ago as a
result of maintenance operation (Nora Murdock, personal communication, 1997). This indicates
that not all "protected" sites are completely free of possible adverse impacts.
A rough-leaved loosestrife site was recently discovered along a proposed NCDOT right-of-way
in New Hanover County, NC. Discussions between the Service and NCDOT have been ongoing,
to determine if the current highway plan could impact the plant at this site (Hal Bain, NCDOT,
personal communication, 1996).
Effects of the action
The proposed land exchange would remove an area of rough-leaved loosestrife from the
protective status afforded it by being owned by a Federal agency. The Newport Triangle was
surveyed both in 1991 and 1995. In 1991, there were five rough-leaved loosestrife sites located
along the ecotone between the longleaf pine savanna and the pocosin swales. By 1995, only four
sites could be located that supported the growth of the plant. A total of 37 individual plants were
found in these four sites. Fire suppression and a lack of prescribed burning may be responsible
for the decline in the number of sites in the Newport Triangle. The proximity of a major
highway and residential areas makes it unlikely that the area can be fire managed by CNF in the
fature. The plant is likely to continue to decline at the four sites. If the area could be fire
managed, there are about 2 miles of ecotone between the longleaf pine savannas and pocosin or
pond pine forests that could provide suitable habitat for the plant. If the tract is exchanged, a
school would most likely be constructed on a portion of the tract. Anticipated direct effects on
03./31/97 MON 10:50 FAX [phone]*0 uarna-tuu,r.lan,nt,
the Newport Triangle lands include extensive ground disturbance associated with development
activities (removal of plants and soil - burial by fill material). Indirect impacts include the
decreased likelihood that the tract will be allowed to bum in the future, and changes to the
hydrologic regime following the completion of construction activities. As a result of direct and
indirect impacts, it is anticipated that all four rough-leaved loosestrife sites on the Newport
Triangle property will be lost when the property is exchanged out of the CNF.
The proposed land exchange would place under the protection of the CNF, an area documented
in the past to support the growth of rough-leaved loosestrife. The Sikes tract was last surveyed
for rare species in 1985. This survey effort was not intensive and covered only a fraction of the
entire tract. Rough-leaved loosestrife was found atone site containing atotal of 24 plants. The
area has not been surveyed since that time, and the status of the plants is currently unknown.
Since the last survey, evidence of a recent fire (in the last 3 -5 years) was observed in a portion of
the Sikes tract that might have improved habitat for rough-leaved loosestrife. If the area were to
be acquired by the CNF and fire managed, there are about 13 miles of ecotone between the
longleaf pine savannas and the pocosin within this tract. This entire ecotone could provide
suitable habitat for rough-leaved loosestrife. The FS currently manages the CNF lands adjoining
the Sikes Tract by prescribed burning, and it is likely that they would continue the practice on the
Sikes Tract, if acquired. In any case, they will manage the tract as required under the new
management plan for the Croatan NF (currently in preparation), and the Service will have the
opportunity to review this document during future consultation. The current private landowner is
not managing the area and has no obligation to protect existing rough-leaved loosestrife on the
tact.
Cumulative effects
Cumulative effects include the effects of future State, local, or private actions that are reasonably
certain to occur in the action area considered in this biological opinion. Future Federal actions
that are unrelated to the proposed action are not considered in this section because they require
separate consultation pursuant to Section 7 of the ESA. At present, there are 9 rough-leaved
loosestrife areas across the CNF, all of which are being protected and managed for the benefit of
the plant. All but 2 of these sites contain significantly more plants than were found in the
Newport Triangle. In addition, there may be other rough-leaved loosestrife areas present on the
Sikes Tract which have not been delineated, due to the lack of a systematic survey. Future
actions in the project area will likely include increased industrial, commercial, and private
residential development, and related infrastructure such as schools, new roads and road
unproveinent projects. This development, in turn, could lead to further fire suppression, changes
to the hydrologic regime needed to support the plant, or direct impacts to any existing
populations of rough-leaved loosestrife that are unprotected.
Conclusion
Transplanting endangered or threatened plant species from project impact areas, while
minimizing impacts to individuals, is generally not recommended. The intent of the ESA is to
protect the ecosystems upon which these Federally-listed species depend. Thus protecting

03/31/97 MON 10:51 FAX [phone] u?rrr?-tcei.r,tuti.tv? ?
habitat is considered to be a key factor for ensuring survival and recovery of listed species. Since
the loss of rough-leaved loosestrife on the Newport Triangle Tract is a virtual certainty, however,
the Service would support the removal of these plants to a protected and managed area.
Although the proposed land exchange would remove an area of rough-leaved loosestrife from the
protection of the CNF, it would also add a currently unprotected tract of land into the protection
of the CNF (Recovery Task 1.3.3). The new land tract is also believed to support the growth of
the plant. The land tract to be removed is becoming difficult to fire manage due to the presence
of an adjacent major highway and increasing residential development. The tract to be acquired
can presumably be managed more effectively (Recovery Task 1.3.5).
Therefore, after reviewing the current status of rough-leaved loosestrife, the environmental
baseline for the action area, effects of the proposed land exchange, and the cumulative effects, it
is the Service's biological opinion that the action, as proposed, is not likely to jeopardize the
continued existence of this species. No critical habitat has been designated for this species,
therefore, none will be affected.
Incidental Take Statement
Sections 7(b)(4) and 7(0)(2) of the ESA do not apply to the incidental take of listed plant species.
However, protection of listed plants is provided to the extent that the ESA requires a Federal
permit for removal or reduction to possession of endangered plants from areas under Federal
jurisdiction, or for any act that would remove, cut, dig up, or damage or destroy any such species
on any other area in knowing violation of any regulation of any State or in the course of any
violation of a State criminal trespass law.
Conservation Recommendations
Section 7(a)(1) of the ESA directs Federal agencies to use their authorities to further the purposes
of the ESA by carrying out conservation programs for the benefit of endangered and threatened
species. Conservation recommendations are discretionary agency activities to minimize or avoid
adverse effects of a proposed action on listed species or critical habitat, to help implement
recovery plans, or to develop information.
1. Remove rough-leaved loosestrife from the four remaining known sites on the Newport
Triangle tract, prior to relinquishing the property. A total of 37 individual plants were identified
in the 1995 survey. These plants should be transplanted into areas of suitable habitat identified
on the Sikes Tract. Marked all transplanting locations, in order to allow an investigator to locate
,the plants for future monitoring. In addition, monitor the transplanted individuals for at least two
years following relocation, to determine success (survival) of the plants as a result of
transplantation..
03_/31/87 M N IU:01 rAA 1 Ulu 800 %OOQ ?•?• ??•+-•?•++++v+•.+??
2. Manage the newly acquired lands in the Sikes tract in same manner in which the FS currently
manages other rough-leaved loosestrife and RCW habitat areas on the CNF. Continue the
management until the revised Croatan Land and Resource Management Plan is completed,
approved and implemented.
In order for the Service to be kept informed of actions minimizing or avoiding adverse effects or
benefitting listed species or their habitats, the Service requests notification of the implementation
of any conservation recommendations.
Reinitiation - Closing Statement
This concludes formal consultation on the action outlined in your request. As provided in 50
CFR §402.16, reinitiation of formal consultation is required where discretionary Federal agency
involvement or control over the action has been retained (or is authorized by law) and if. (1) new
inibrrnation reveals effects of the agency action that may affect listed species or critical habitat in
a manner or to an extent not considered in this opinion; (2) the agency action is subsequently
modified in a manner that causes an effect to the listed species or critical habitat not considered
in this opinion; or (3) a new species is listed or critical habitat designated that may be affected by
the action.
If you have any questions and/or require coordination with the Service, contact me or Ken
Graham of my staff at [phone] Ext. 28.
Sincerely,
John M. He er
Field Supervisor
CC: Barney Gyant, Croatan NF
Ralpb Costa, FWS, Clemson,SC
Nora Murdock, FWS, Asheville, NC
David Flemming, FWS Atlanta, GA
F WD/R44:Graham:kg:3-3-96=919-856-4520: WP WIN61 \LANDSWAP.CNS
OZ/31/97 MON 10:51 YAA 1 81b 500 4000 uarn0-ZU%JI ZL%7i1, 01
Literature Cited
r,
U.S. Fish and Wildlife Service. 1995. Rough-leaved Loosestrife Recovery Plan. Atlanta,
Georgia. 32pp.
03/31/97 MON. 10:
o
_Al.

? .Ayr

., * ?,
R
.

z s f? ?.

rzi
r-
o0
G
.,y
r•S
O
CD
n
R
0
ryr
r• _
O

856 4556 ,u?rrra-1CA1?Clvnrtv?/ , y ,+tt1? f
VIN
t7 a III. ? ? _r •:~ - +Y9'• ": ?i `? F: ??'ON 1 ?'.? y?i
`.4, ?',?.? _? i , iP"'',c-r•'si?Y ?q ' F r 'F1 ly I? ??Sw?ID ?N?'E. +F •
e e•", D' f 1 'F y'4'! rlr!!.? TF}F i F } +???,h '? r'a+t
??\? : ?? Q! I T I. 4 F F F f r! i}: f 1 1 T ?1.#•??' ? ?'t•I ?t.. .GrT?;?`x'F7
` • i ? f , ? ( t 1 ! . f F F ', t l h` ,?•}??•E (iG ,it.?. • •r• 1,
y??a_ a'r ! F} 4 ,? I f{' F i I 1 r a k l I?Z I l 1 a; ::t.
' $ of s `: I?'t '' +f j '?; Ct } I1 F,7 IV.
1•? T}.?i M to
?? ,? ?®ss.?? 4/ t:r I i F :t7 ,O 1? F! I r s ,
I !7{'' I F I ! ! ! r ; A DI :`fin!
/. ?? m •' :1+ r f : ?' 11 W
iA ?? ? ???L I ????.,? ?.:? o? F' f . a F ?I ?' ! 1 i • F F r •, ` 1\'t
F f !•
o' s O _\ o I. :q• of f r. • a T k ? ! ' t `s?`?
a 9? ? ' 'd y ?l?(;i.m ?8 iD ??ue? F •f,l F ? ! 1`r ! i GPs' ?!.%
ll trv • t e + F F
•-?z-,??'?.?:t' r o , '%".' % -ra?• fir ?•._ •... ;_
a: :t ?'+ ? 1t \ : N xa 'r•; iv ? Z ?L•h t .-,a?..r '•?`:?.P•, .,.?{,•
rfjC? ., ?;?,?-. ? io ?? _` p1 ? b :,•,: • •.? •'9, • II - y?•??i i?• r ? `? ?? ' •+'i?;?•.L',•:`•' o
• lo' purl :-,; , ` ' F,• m'' o I "?' _,
_0 p,
c'7 f( •'-, K ???? ?' 00 11 , ,h? ^.?,?'? lam, ' '?L?? ?'T f'la
?,? v a h? 1^ 'r4j r r :' ?' ?k?l f 1F 13
?? (/j:?v- v it==41 ' .2: •_. ? •, ' ? ?? I?'. 1 ,
' • ca
a i.;a=
n
• `a • n ` :. a •1
•:t }?;a+:._•,.,? _:`:i r.. }w' 3ti a ,S? •7s._ elw.? ?' ?+° 7 • ?'''?,
,
.. ?' r (tl•;1 •I•
.- .1 f7p
y at"
? 1 I
? 1 •t
J}t?_? tl??ti?# ? #• ?• •?? ?Ce,r
cl Col.
a
0

? 1?
,?
. :. ... ,,
..
.!-
-..
, I I � �, � , -, , � I —
I I " , . , : - " ; - . � . � I
- o , I I I I I I I
il i , � ,. 11 i . " I . I � � . I I . yll
I �� 11 ,., I ,� �- - I .'� , ILI 11 — . �, I
..t
� , � : � : � , 11 i � ": , I 11,
I , , � ;" ,,
� I � � I �, I � I I I .�
I I I � I � , � '� I . I
�l -
1, ." I �� � :
� �
. I
� , I �
�' - �
I . : �
I I .
�
, ,
, ,
- , � �
, ,
, � ,
. �, I 1.
,
.
I
: , I � . I I , . . , , I I - I � � I I 11 I , , 1. , :, � � I : � : il I "
- � I I - , - , , ,
. , I
I I � -
I
i
I , " ,
,
.. ., .. -
..
-
...
If
,
I
� I I I I I I I � . , I � " , . I � � � � I , , � r . i. - � �
I . I � � � " � I , I — , - ,
. .� � I I , . .� . I I � " , , � , � , � i I
� �, I � . � . : � . 1 i , , � I , I : , : I , , I , ,* ,�� - � I I I ` - ,
, -, 1. I I I I
, :, ': I , 1 , , — , : , , � , � / ; : , , ,
1, - : , I
1.
-� I : , � .1
I — . -
�
I I I
i .- � , I
:, I z I
�- I'� � , I
� I T
"I
%i� , 11 . �� , , " � - � , , , , , ,
-, I I e � , "" 11 I , � , , , �� � 1, "�i I , , � . , , , � ,
� � , 1, , . 1 , , I , , . ` "
. . � , , � � , , , , '.1, , . I . I , I � , -, , :
"I
� : , I ,
I - I
� � I , , , . -
,��: � � I I
11 I .
, " , I
: ,
1
I , I I - , , , , I I . , - I I .� I
. � . , — . I I I 1, I I , I I , I . � I I - � , I � , , � : , I
I I � I
- : , . , , I
�, , - I I I ,
, � j
. � , I
� I � I I I " , � I
- I I , I I I I I . I I
- � - I ), I � I I � . �
I
, p
, I .
� � �':
, I . I , �
. 1, �
.t
,'
-'
I.
I
,. _
S�

A

'(,:c[ 10 oljeJ
uoile6lllw paiinbai Ileaano uy 'sessol puellam las}4o of paiinbaa sajoe Z69 jo lejol y
"All
0 6b VT6 99b 6t7 uoi}enaasaJd
617 V Z V8,E 8 6g lu9w93uequ3
G5 6s V61 69 6'Z8 uoljeaolsou
(oe) eaje
bululewa?l sloedwl
lel}ua10d
olleb (oe) eaje
pale6l3lW (oe) -bei
buluu1698
ads(} u011e6lllW
(q)
' ?:g ? sl ollej uolle6lllw pasodoad lleJanp -sollei pagposaid }e sloedwl
pue149m 10 saJoe 96 las_4o Alleollaaoayl plnom yoiL4m uolle6lllw 10 saaoe egg 10 lejol `d
96
... _- 999 leJol
Z9 V T6 1.69 uoilenaasaad
Z V9*s 8 lu8w9oueyu3
6c V6' I 69 uoljejolsa?l
(oe) jas}4o sloedwl olle2j uollel5wim (oe) eaiy ads l uolje6l}lW
(e)
-spiepuels
jD/NQ Aq pa.imbaa (q) pue lueolldde Aq pasodoid (e) uollebilp le3ol 'Z elgel
8?

h
J

i

7
L
7
L

I

V6- ? si pezililn aaam uoilenaasaad Aluo 11 oi1eJ u01le6iliu.w lleJan0 I
Z'08
-All VZI 1e401
6'Z? 6'Z6 0001.<
9'617 VZ 9'17Z 000 x-05 6
L' L 6 V17 t7't7 09L>
(oe) paimbaa
eaae u011e611iw
oi1e?j uoile6iliW
(oe) paloedwl eaay (11) gull
anlq wojj eouelsia

pezilp edA1 uoile6ilp Aluo a41 ejem uoilejolsei jl slelol uoilebilp pajinba?j elgel '

I

u011e611p }oe.il 86pi-d deeyS .9 am6i=l
paiiij sawma) eeiv uoi}eBiliw pasodoad
sawma oBeu.leia 6uizsi.x3 ......
peon spooM - - -
speou BUIISIx3
,oooZ = „I. ale?S
C),
.
0
• 44'
N
96
' 14
oz
X
ag
O
-o
w _ N
' ;,n z m
m Q
' CD _ - m
r
HIM
3
? m
.. ,a z
a n
i
i
Newport a b1 ?(
r Schoat r s, m
fl. m ? nt rn ? C
? r m
.? / ?.
V L- P
t CA
° ?a l = X
o a, m
n K• Pill \' ` Cam?
o
-- -? 90
11?` CO)
I .# _f
0 46
o o Z? O rn? -a ?-!
z
om 3Z::* z
o o ? o m5. X n
° C m6 m 00 Q
w n ? D C0 O
c o ? '" + r
U) c
O (7T?1
O Nom m ?m z -i
D ?X
* oz mm
It,
c; oho
i
3
C
X
m
.P
o ?
v
CD
r ?
0
CD
90
S?
T).
v
CD
O
C
(D
ly
CL
3
sv
+n
O
c
O °C
Zp
n
n?
N z
?O
mC/)
N ?
?W
?m
n n
m
v
D
z
v
D
m
v
T
r
y m
T i
r •/ `I
j Q
O ? 11
00 V O
V O
O -n
x
? rt

bwz
o n
U)
a 'P
0
1 ?
°r-°
C
m
\ z
m
Z
n
1 - ;o
1 ? N
\ W
Q

1
\
1
15
}
1
1
1
1
1
1
1
1
1
1
ON `f4unoo piopeo
40401d loouog:podmON
s;uew;semi r v w
86% ounr
ONi `dnoHo
1N3W30VNVVV ONVI
,40eal ueaop 04; Jo I
dew puppoM •z a in6id
SG

J
I
I
I
I
I
I
I
I

I
I
I
I
I
zl
SDIOVi aNb sminou

,uiseg abeuieaa ?eO
aligM eqj jo spuellam eqj of sloedwi Ileaano lewiuiw qj!m joeal }iodm9N eqj dolanap
q}oq of Aem algissod Iseq at4l sluesaidaa joefoid pasodoid at4l jeq} pue algissod
}ualxe wnwixew 9g1 of peonpaa uaaq aneq sloedwi puejjE)M Jeg1 sanaileq jueo!Idde
eql -waIsAs juawebeuew aalemwaols eqj toped se pajea6ajui eq Ipm spuellem
buiuiewai aql -auil uoissiwsueal jamod a pue `a6euieap pue uoileaao peoi `aanjjnoinjis
`saris moaaoq apniouw s911iniIoe gong 'saijinijoe uewnq Aq pa}oedwi AltAL4 uaaq aneq
9jag1 spuellem at4l pue `aIis loogos a se slgeaisap Alg6iq si joeal :podmGN aql
-spiepue}s pegsilgnd Aq paainbaa esogl paaoxe ie; sle}ol uoi}ebiliw aql -uejeojo
aql }o fed se panaasaad eq ll!m sloeal ueeoO pue 96pgj daagg 9q1 gloq le spuelleM
'joeal ueeoO eq} le uoi}emasaid puell9m 10 saaoe 06 ? se Dann se low-L a6pi?l daegg
aql }e uoilenaasaid jo saaoe Wt;' pue ua}eao}saa;o saaoe 0*69 '}oeal PodMON aq} }e
juawaoueque Ieoi6oIoJpAq 10 sajoe 0,g jo pasodwoo eq ll!m uoile6iliw puelleM
'JU9W}sanui pipi eqj uo ujniaj
e .lanooaa of lueoildde eq} molle of juawdolanap aininj }uaiogns pue (ain}onilsea}ui
M

C'

n

pajelaa qj!m) slooyos oml oju! Apedoid ay} dolanap ayj 01 Japao u! spuelj9M
leuo!}o!psiinf to sajoe 6'Zti of sjoedwi aol slleo ueld al!s ayl 'eu!loaeO UPON `Ajuno:D
jaaalie0 u! }oejl :podm9N ayj }o juawdolanap ayj 141!M pa1e!oosse sjoedwi pueliam
elgep!oneun 9y1 ao; }as_4o of ueld uo!le6ll!w s!yl posodoid sey }ueolldde ayl
A?jdwwns
-panssi uaaq sey I!wjad II!; leul; ay} pue sa!ouabe Ile Aq panoidde uaaq
sey ueld uo!je6!}!w ayj aaj;e au.w!l algeuosew a pun sa!j!n!joe u01je611!w yj!M aouawwoo
jou IIM jueo!idde ayi `JanannoH '8661- 'l, jagwanoN of jo!jd pall!; aq II!m loeal
abp!?j daayS ayi le sayol!p ayj `sl!wjad aay}eem pue panoidde s! I!wjad ayl;I
31n(13HOS NOil`d1N3W371dWl NOLLVO N
-juawaai6e uoijoesueal puel
leu!6uo ayj loped seen juaweeibe s!yj `joeil ebp!?l deayS ayl yj!m sy -1saao j leuo!jeN
uejeoj0 ayj }o fed se pamasaid eq II!M joejl ue9o0 ayj uo spuellaM II`d
iOV'dl NV300
}oejl:podm9N ayl aj!nboe of jueo!idde ayj pamolle Ipm yoigm eolnaas
lsaao} ayj pue jueo!Idde ayj uaannlaq uo!joesuejl puel ayl jo :ped seen juawaaa6e
s!yl -uejeoa0 ayi jo lied se pamesaad aq II!M joejl 96pgj daayS aa!jua ayl
u011e6!I!w uo!lenJasaad
6

I

-seaae pauleip ay} 01 A6olaapAq puellem
(JOIS91sago1p eqj 40 6uillij ay} jegj uoljeupialap slq of anp si slgl
q } pa?uawaldwl
lllnn veld 6ul.aoIluow JeaA anlJ lewaou 9q1 `66nS AeajoilN 4o uoljonalsul aqj jad
`aanannoH ssaoons uoijebilp aqj jol Atlllglsuodsai Ile sawnsse }ueolldde aql -uejeoao
aq} loped se panaasaad aq uag} Minn ea.ae uoi}eao}sa.i aql -saoinos peas pue jueld
6uipunoaans woaj ajeja6anaa Alleanjeu o} pannolle aq IIIM seaae pagpeoa eql 'saiolgan
uieaaaj Ile aagJo pue `saanwnq `sei66nq sunp `sVnaj of elgealauedwl joeal aql aAew
osle Illnn slgl *Ioeal aal}ue aqj saloalo Alluaaano goignn wajsAs peon eqj woe; awoo Illnn
ielaatew III aql -AboloapAq 6ulaolsaa `pally Alaaltua aq Ipm sagollp a6euleap aajawuad
eql -paaoisaa Alleol6oloapAq aq II!nn spuel19nn pauleap 10 saaoe 0.6910 le101 b
uoijebigq uolteaotsa?i
panaasaad 6uiaq saaoe l Oti 6uiulewaa
eq} gjlnn paaolsaa aq IIM saade 6910 le101 d -(5 aan613) uoije6i31w uollenaasaad
pue uolleaoisaa }o pasodwoo aq IIIM toeal a6pll:l daagS 9L41 le uoije6ij!Vy
NOIlt/JIlIW lOb'bl 39(M] d33HS
Alaadoad aqj of al}lj ulejaa Illnn wajsAS IoogoS AjunoO
jaaapeo agl -Alpladaad ui panaasaad aq Illnn spuellann 9s9g1 jeg16uunsui sngt `spead
jo aeajsl6a?j Ajunoo jaaapeo aqt gjlnn pepaooaa aq Minn s}uawasee aql -stuawasea
uoilenaasuoo gbnoagl panaasaad osle Illnn uolte6lllw juewaouequa }o seaae aql
uoi?e6lllW uoilenaasaad
2
I
I

I
I

I

}oea} ay} woil u.weaa}sumop
eoueua}uiew A}ijenb aa}em ui pie o} alge }saq ajoiaaau} pue spuel}ann Aue }o suoi}oun}
Aplenb aa}em jo a}ins }s9gbiu ay} 6uineu Algegoad se uesogo aaam spuellem ayl
suoi}eoilpeds ueld aa}emwjo}s OM(] }aaw o} paubisap ag fpm wa}sAs eqi -spuellem
ay} anoge A191eipewu pa}eool aq 11!m moll 96euieip jo/pue spuod uoi}ua}aj ja}em wao}g
a}is-}}o uieap Aay} aja4m spuellem au} }.o seaae jannol ay} }uesaadaa seaae }uawaoueuua
ayl -(g a.in6id) wa}sAs }u9w96euew aa}eMWJo}s 11eaano ay} o}ui uoi}eaodaooui
y6noit4l paoueyue Alleoi6olojpAq aq Ipm spuellem a}is-uo;o saaoe 0.9 jo je}o} y
uo1}e6i}iw }uawa0uequ3
NOIl` OWIN 10b2J1 i2]OdAUN
saaoe 9ZL Aq uoi}e6i}iw
paiinbaa ay} spaeoxe pa}e6i}iw eaae jen}oe ay} snyl , ?:E ? si pa}oedwi spuellem
o} pa}eblip spuellem }.o of}ea paainbai jje.aano aul -s}oedwi algepioneun ay} }asgo
o} papaau si uoi}ebi}iw puel}am jo saaoe ZE9 jo je}o} a snyl - uoi}enaasaad jo saaoe
9917 }o aduejeq tiessaoau a saneaj siyl -(Z algel) s}oedwi to saaoe Z ao} s}asj4o }oeal
}jodm9N ay} }e spueiiem }uawaoueque }o saaoe 0.9 au} buizimn papaau si uoi}e6i}iw
uoi}emasaid pue }ueweoueque `ajo}.ajayl '(Z algel) s}oedwi puellem jo saaoe ?6
s}asgo Aluo uoi}eao}saa jo }unowe siy} `soi}ea ajgejiene ay} buizimn -}oeal e6p!H daauS
ay} }e algeliene si SPU8119M paJa}le 10 saaoe 69 Alup }oe?l }aodnnaN au} }e algeliene
si eaae uoi}eao}saa ON -}oeal abpij deegS ay} }e eaae uoi}ejo}saj ay} }o uoi}ipuoo ay}
L

I
1
I
I
I

of anp elglssod jou sl uoljejoisai }o junowe 1egj `JanannoH (l, elgel) sjoedwi puellann
ay1 jasgo of pepaau aq plnonn spuellann paaolsaa jo sajoe 89 jo lejol a `pezillln aaann
auole uoijeaolsai 11 -wajsAs siyj bulzilp paljisselo alarm spuellann at-11 moL4 sjuamdW V
ainbid -joefoid eqj ui pazllp aaann s}uawailnbaa OMd `aaojaaaul 'seuilepinb leiapal
Aq palepuew sluawaainbei juawaoeldaj ayj ueyj`anijoiJjsaJ avow aaann (sweaa}s
euil enlq wal seoue}sip uo peseq) OMa;o s}uawaiinbaj au1 -aoueildwoo loefoid
Jo} p9MOIA9a aiaM spuellann pajoedwl ay1 ao; s}uawaalnbai uol}ebilp pausilgnd
S1N3IAIEI f1OEIH Oli" NOIl` OWIN
V9 1, Si pajoedwi of pale6lllw spuellann jo oijej lelol ay1 -OMa pue sdjoo
eqj jo soi}ea pegsilgnd Ile spaeoxe uoijebilp pasodoid ay1 -(l, elgel) uoilenaasaid
10 saJoe 1, L9 pue `1u9w9ouequ9 10 sa.aoe g `uo4eJo1s8J 10 saJoe 6910 pasodwoo eq
II!nn uoi}ebilp Iejo1 -uoilemasaid aq Minn }oeal ueao0 aqj le uoilebijlVV 'ua}enaasaad
pue uollejoisai leoi6oloapAq jo pasodwoo eq Minn joej1 96p!H daayS ay} }e uoi}e6ij! w
axis-go -uoijen.aasaid pue juawaouequa leoi6oloapAq apnloui Minn uoijebilp aIis
-uo `ajolany1 joei1 jjodnnaN 9L41 }e Isixe spuellann algejolsai ou `JanannoH 'alglssod
ju9jx9 wnwixew ayi of uoile6ilp ajis-uo azili}n of pa}dwalle seq jueolldde ay1
NOlIV9111IN
waISAS juawabeuew
aajenn waols 9y1 loped se peoueque pue panaasaad eq Minn goit4m spuellann
9
J

I

I

J
}o saaoe 0.9 eqj apnloui jou seop ain6!l slgl *ueld aps agj ajaldwoo o} tiessaoau
aae sjoedwi puellam jo saaoe 6'Zb 10 lejo3 y -?jed ajnlnl a pue juewdolanap aininj
aol saaoe smogs ueld op agj }o eoueleq agl -6u!?aed pue uolsuedxe loogos ajnlnl aol
pajels si spuellem jo eaje Ilews y -spunoibAeld pue spla!} o!}algle `6u!?aed ` sloogos
omi aol seaie smogs ueld aql -juawdolanap loogos omi a aol eaae }uewdolanap aqj 10
fed se saaoe gg Alejew!xojdde }o lejo} a smogs (g ain6!3) ueld }uawdolanap eql
1N3WSS3SSV 10`ddWl
U011e001 91!s s!qj Jonej Aig6lg siauo!ssiwwoC) pue `uo!ssiwwo:D }uawdolanaa o!wouoo3
`paeog loogoS AjunoO jaaaIje0 aql ales ao} jou ajam ao sjuawai!nbaa loogos wnw!u!w
jaaw jou p!p Inq `paaap!suoo Gunn SIMI aaq}o leaanaS -00-000`05L$ Alajew!xoidde
apes ll!M podsuml jemas pue J91eM an!sua}xa op o} Bu!neg ION -}oeaj ag} aol elgel!ene
Alale!pawwi si camas pue aa}em 1Jodm9N '01- AMH ssojo of sjuapnis aj!nbaa jou li!M
uo!jeool s}! pue sauepunoq jo!ajs!Q loogoS :podmON 8141 u!gl!M S911 11 'SUOSeaJ leaanaS
ao; sloogos mau papaau eqj jo; algel!ene joeil Iseq aqj si joejl }iodmON agl
NOIlVZIININIW GNV `30NVGl0AV `S3AliVN?I3iIV
-spuellem t70t7 leuo!lo!psun( aq of pouima}ap ajam
061, `saaoe 01-Z 9L41 10 'joeal loogos a se Alleu!6!jo paa!nboe seen joeal aql -(Z ain6! j)
b66 ? ui joeal ueaoO eqj uo spuellem 9q1 pajeeu!lep dnojO juawabeueVq puej
iMll NV300
9
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
Mr. Pat Joyce
Mr. Danny McQueen
M & J Investments
PO Box 190
Newport, NC 28570-0190
Dear Mr. Joyce and Mr. McQueen
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 15, 1999
Re: Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed Newport school and commercial development
WQC Project # 980590 COE # 199801870
Carteret County
Attached hereto is a copy of Certification No. 3222 issued to M and J Investments dated
February 15, 1998.
If we can be of further assistance, do not hesitate to contact us.
Attachments
980590.wgc
Sinc ly,
on Howard, Jr. P. .
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
Paul Farley, Land Management Group
Don Kirkman, Carteret County Economic Dev. Council
Dick Birely, Carteret County Crossroads
Division of Water Quality • Environmental Sciences Branch
Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10%a post consumer paper
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division
of Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500. It is issued to M & J
revised application filed on the 7' day of January 1999 to construct a school site and commercial
development.
The'application provides adequate assurance that the discharge of fill material into the
waters of Smith Swamp Branch in conjunction with the proposed development will not result in
a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State
of North Carolina certifies that this activity will not violate the applicable portions of Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the
application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your
application, as described in the Public Notice. If you change your project, you must notify us
and send us anew application for a new certification. If the property is sold, the new owner must
be given a copy of the Certification and approval letter and is thereby responsible for complying
with all conditions. If total wetland fills for this project (now or in the future exceed one acre,
compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7).
For this approval to be valid, you must follow the conditions listed below. In addition, you
should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non-discharge
and Water Supply watershed regulations.
Condition(s) of Certification:
1. Appropriate sediment and erosion control practices which equal or exceed those
outlined in the most recent version of two manuals. Either the "North Carolina
Sediment and Erosion Control Planning and Design Manual" or the "North Carolina
Surface Mining Manual (available from the Division of Land Resources in the
DEHNR Regional or Central Offices). The control practices shall be utilized to prevent
exceedances of the appropriate turbidity water quality standard (50 NTUs in all fresh
water streams and rivers not designated as trout waters; 25 NTUs in all lakes and
reservoirs, and all saltwater classes; and 10 NTUs in trout waters);
2. All sediment and erosion control measures placed in wetlands or waters shall be
removed and the natural grade restored after the Division of Land Resources has
released the project;
3. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened;
4. Deed notifications or similar mechanisms shall be placed on all lots with remaining
jurisdictional wetlands and waters to notify the state in order to assure compliance for
future wetland and/or water impact. These mechanisms shall be put in place within 30
days of the date of this letter or the issuance of the 404 Permit (whichever is later).
5. Compensatory mitigation shall be done in accordance with the Corps of Engineers
requirements at least as those described in the December 3, 1998 revision prepared by
the Land Management Group. DWQ shall be copied on a detailed mitigation and
monitoring plan as well as the approved ratio, location, size and method of mitigation
(restoration, enhancement, creation, and preservation) within 90 days after the permit is
issued and annual reports for the entire length of the monitoring period.
Violations of any condition herein set forth shall result in revocation of this Certification
and may result in criminal and/or civil penalties. This Certification shall become null and void
unless the above conditions are made conditions of the Federal 404 and/or coastal Area
Management Act Permit. This Certification shall expire upon expiration of the 404 or CAMA
permit.
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must
be in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C.
27611-7447. If modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following
receipt of the Certification. Unless such demands are made, this Certification shall be final and
binding.
This the 15' day of February 1998
WQC # 980590
DIVISION OF WATER QUALITY
es n Howar , r. P.E.
John D
From: JoAnne Steenhuis [e-mail]]
Sent: Tuesday, November 03, 1998 9:58 AM
To: john_dorney@ h2o.enr.state.nc.us
Subject: letter/m&j investments
John,
The letter sounds good. My only question is concerning the "preservation issue" on the Sheep Ridge tract.
Will they get preservation credits for the tract as well. Your letter seemingly indicates that they will.
Joanne

COMPENSATORY MITIGATION PLAN
t FOR THE NEWPORT SCHOOL TRACT

- Prepared for:

.M&J Enterprises
Newport, North Carolina

Prepared by:

1 Land Management Group, Inc.
Wilmington, NC

' ne
9
19
8
Ju

i

COMPENSATORY MITIGATION PLAN
FOR THE NEWPORT SCHOOL TRACT
Prepared for:
M&J Enterprises
Newport, North Carolina
Prepared by:
Land Management Group, Inc.
Wilmington, NC
June 1998

TABLE OF CONTENTS
I INTRODUCTION ............................................ 1
PRELIMINARY WETLAND STUDIES ............................ 3
NEWPORT TRACT ..................................... 3
' SHEEP RIDGE TRACT 4
...................................
Background 4
Computer Delineation ............................... 4
OCEAN TRACT ........................................ 5
ALTERNATIVES, AVOIDANCE, AND MINIMIZATION ............... 5
IMPACT ASSESSMENT ...................................... 5
' MITIGATION ................................................ 6
MITIGATION RATIO REQUIREMENTS ...................... 6
NEWPORT TRACT MITIGATION 7
Enhancement Mitigation 7
Preservation Mitigation 8
SHEEP RIDGE TRACT MITIGATION 8
Restoration Mitigation .:::: : ::::::::::::::::::::::::: 8
Preservation Mitigation 9
OCEAN TRACT ........................................ 9
I MITIGATION IMPLEMENTATION SCHEDULE ................ 9
' SUMMARY ................................................. 9
FIGURES AND TABLES ..................................... 11
1

11,
I

I

1i

11,
INTRODUCTION
M&J Enterprises (applicant) proposes to develop a 153.36 acre tract (The
Newport Tract) for the construction of two schools for the Carteret County School
system and future development. The tract is located between U.S. Highway 70, Hibbs
road, and old Highway 70, south of Newport, North Carolina (Figure 1). The tract
contains 50.5 acres of jurisdictional wetlands and 0.5 acres of isolated wetlands. The
wetlands are linear depressions running approximately east to west which are bisected
by Hwy 70 and E. Chestnut Street. A single blue line is located approximately 250'
north of the intersection of E. Chestnut Street and Willis Farm Road. The applicant is
acting as agent/developer of the site and is working in conjunction with both the
Carteret County School System (school system) and the U.S. Forest Service (forest
service) to complete the project. The school system wishes to develop this property
but cannot buy it directly from the Forest Service. The Forest Service can only trade
for new land and the School system cannot enter into a swap land transaction.
Therefore the applicant is. acting as agent in acquiring the land for the school system.
The applicant purchased another tract (Ocean Tract; Figure 1) which is located next to
the Croatan National Forest. The applicant is giving this tract to the forest service, who
in turn is giving the school system title to the Newport Tract to the school system. The
forest service is also allowing the applicant to restore wetland hydrology and vegetation
to part of another tract (Sheep Ridge Tract Figure 1) and preserve the balance of this
tract. The Sheep Ridge Tract is currently in silvicultural production. Both the Ocean
and Sheep Ridge Tracts will be preserved using forest service best land management

I
I

I

I

I
I

I
2
practices. The applicant will recoup the costs through additional development of the
Newport Tract.
Wetland impacts are unavoidable in order to complete the site plan for two
schools and sufficient development to allow the applicant to complete the school
transaction. The remaining wetlands will be incorporated into the storm water
management system for the project. However, avoidance of all wetland impacts is
impossible. Therefore this compensatory mitigation plan has been developed to
mitigate for the wetland loss. The plan has been developed with a Department of the
Army, Corps of Engineers (Corps) Individual Permit application dated May 15, 1998.
Compensatory mitigation will be developed both on site and on two other tracts.
Both of these tracts are located within the White Oak River Basin (as is the Newport
Tract). As part of the land transaction to acquire the property, all off-site mitigation will
be donated to the Croatan National Forest (Croatan).
On-site mitigation will be composed of 8.0 acres of enhanced and preserved wetlands.
These wetlands are composed primarily of the lower end of each system where the
systems currently flow off-site. The majority of these areas will be incorporated into the
final storm water management system for the tract.
The Sheep Ridge Tract is located within the Croatan in Craven County and is
adjacent to the Sheep Ridge Wilderness Area. The tract is composed of 460 acres of
short pocosin which was ditched in the past and converted to extensive silvicultural
production. A total of 59 acres of drained wetlands will be restored hydrologically with
all remaining wetlands, to be preserved.
6E ?
OW
I

' Composed of approximately 270 acres, the Ocean Tract contains approximately
190 acres of wetlands. These wetlands area composed of both mineral/organic soil
flats and Carolina Bays. The tract will be donated to the forest service as part of the
' acquisition of the Newport Tract. All wetlands will be preserved using forest service
I
wetland areas.
best land management policy which prohibits intensive silvicultural practices within 404
PRELIMINARY WETLAND STUDIES

I
I
11

NEWPORT TRACT
The Newport Tract consists of 153 acres. The wetlands were delineated by
Land Management Group in the spring of 1988. Mr. Mickey Sugg of the Corps
approved the delineation on April 17, 1998 (Notice of Jurisdictional Determination,
Appendix).
The wetlands on the tract compose a gradient between mineral/organic soil flats
and where headwater wetlands begin to form. The majority of the ecosystems drain
east under old highway 70, although the northern most wetland system drains to the
west under Hibbs Road.
Anthropogenic impacts to the tract are quite substantial. A CP&L transmission
line bisects the tract from east to west near the north end of the property. All wetlands
have been bisected and surrounded by roads, N.C. DOT drainage, and previous forest
service practices of bedding and minor drainage within the tract.

4
SHEEP RIDGE TRACT
Background
The Sheep Ridge Tract was evaluated by Land Management Group in April
1998. The site is bounded a four sides by drainage ditches and forestry roads. The
boundary ditches are approximately 6' deep and 8' wide. The forestry roads are
approximately 30'-50' from ditch to ditch.
Computer Delineation
Computer models (DrainMod and Aral) were used to analyze drainage effects
based on the depth and width of ditches, precipitation, soil properties, and other
factors. The models show a 50'-20' drainage effect from ditching. The total area
drained, including roads, ditches, and drainage effect is 59.0 acres. A more aggressive
approach was deemed unnecessary since this met the restoration requirements.
The Sheep Ridge Tract is an excellent site for mitigation for several reasons.
The tract is located on a topographic high so the filled ditches will not impede drainage
higher in the watershed. The dense nature of the vegetation will provide a barrier to
potential damage to the tract by vandals. The tract is also located adjacent the Sheep
Ridge Wilderness Area, thus providing an abundance of suitable reference areas for
monitoring purposes. While having the tract included as a Wilderness Area may prove
legally impossible, the preserved tract will basically serve the same function as if it
were part of the wilderness area.