19940886 Ver 1_COMPLETE FILE_19941004

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B, Hunt, Jr., Governor
Jonathan B, Howes, Secretary
A, Preston Howard, Jr., RE., Director
A LT.R?FA
I 74**A
ED F= F10
October 25, 1994
Sampson County
DEM Project # 94886
COE # 199404719
APPROVAL of 401 Water Quality Certification
Mr. Robert McLamb
Route 2, Box 268
Roseboro, N.C. 28382
FILE COPY
Dear Mr. McLamb:
You have our approval to place fill material in 0.80 acres of wetlands or waters for the purpose
of hog house and road construction at SR 1856, as you described in your application dated 5 October
1994. After reviewing your application, we have decided that this fill is covered by General Water
Quality Certification Number 2671. This certification allows you to use Nationwide Permit Number 26
when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to he valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 30 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
P ston Howard, J . E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DEM Regional Office
Mr. John Dome),
Central Files
94886.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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Project name Nearest road S R 14 SG
County Wetland area acres Wetland width -= feet
Name of evaluator. ?Date
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Ilooded or inundated
HY. 4raulic Factors
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J regularly flooded or conveys stormuater
0- freshwater J brackish during or alter storms
J steep topography , Q seasonally flooded or inundated
ditched or channelized J intermitEantly flooded or temporary
wetland to stream ratio 'P- 1 to '3 surface water
>no evWence of flooding or surface water

Wetland type (select one) O Other •
1` Swamp forest O Shoreline O ?PFc
Q Bottomland hardwood forest
O Carolina ba O Brackish marsh ` Cf, ex
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• • • • • • • • • • • • • • • • • • • • • • • • . s
• • • • • • • • 000 • • • • • • • • • • • 00000 •
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Recreation/Education ?
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
RO. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
September 29, 1994
Regulatory Branch
Action ID No. 199404719 and Nationwide Permit No. 26 (Headwaters
and Isolated Waters)
Mr. Robert W. McLamb
Rt. 2, Box 268
Roseboro, North Carolina 28382
Dear Mr. McLamb:
Reference your application of August 2, 1994, for Department
of the Army (DA) authorization to expand your existing hog
operation on your r erty located off S.R. 1456, approximately 4
miles south-ea of Sp vey's Corner, Sampson County, North
Carolina. Yo rojec includes an area approximately 75 feet by
150 feet (0.2 a res) f wetlands above the headwaters of an
unnamed trib tar to ittle Coharie Creek.
For the purposes of the Corps of Engineers' Regulatory
Program, Title 33, Code of Federal Regulations (CFR), Part 330.6,
published in the Federal Register on November 22, 1991, lists
nationwide permits. Authorization was provided, pursuant to
Section 404 of the Clean Water Act, for discharges of dredged or
fill material into headwaters and isolated waters.
Your work is authorized by this nationwide permit provided it
is accomplished in strict accordance with the enclosed conditions
and provided you receive a Section 401 water quality
certification from the North Carolina Division of Environmental
Management (NCDEM) and, in the coastal area, a consistency
determination from the North Carolina Division of Coastal
Management (NCDCM). You should contact Mr. John Dorney,
telephone [phone], regarding water quality certification,
and Mr. Steve Benton, telephone [phone], regarding

-2-
consistency determination. This nationwide permit does not
relieve you of the responsibility to obtain other required State
or local approval.
This verification will be valid for 2 years from the date of
this letter unless the nationwide authorization is modified,
reissued or revoked. This verification will remain valid for the
2 years if, during that period, the nationwide permit authorization
is reissued without modification or the activity complies with any
subsequent modification. If during the 2 years, the nationwide
permit authorization expires or is suspended or revoked, or is
modified, such that the activity would no longer comply with the
terms and conditions of the nationwide permit, activities which
have commenced or are under contract to commence, in reliance upon
the nationwide permit, will remain authorized. This is provided
the activity is completed within 12 months of the date of the
nationwide permit's expiration, modification or revocation.
Questions or comments may be addressed to Rudolf Schiener,
Wilmington Field Office, Regulatory Branch, telephone (910) 251-
4629.
Sincerely,
G. Wayne Wright
chief, Regulatory Branch
Enclosure
. . . 6
-3-
Copies Furnished (without enclosure):
Mr. Steve Benton
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
V. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. C. Wilson Spencer
USDA-Soil Conservation Service
303-D East Rowan Road
Clinton, North Carolina 28328
I DE\1 ID: ?) U ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
W,
NC DEPAI MENT OF ENVIRON
AND NATURAL RESOURCES
P.O. Bo..+. 29535
Raleigh, NC 27626-0535
ATTN: MR. OHN DORNEY
Telephone [phone]
L LI-1 2
OCT - 5 IM
i
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS G
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DMSION OF ENVIRONMENTAL MANAGEMETM'T.
PLEASE PRINT.
1. Owners Name:
2. Owners Address
3. Owners Phone Number (Home): ?ze (Work): ?S'o ,?csr
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: ., ,O.S 1vTJ
Nearest Town or City: '-
Specific Location (Include road numbers, landmarks, etc.):

2-
6. Name of Closest Stream/River: _
7. River Basin: f}-?1-"
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NOAr
9. Have any Section 404 permits been previou y requested for use on this property. _ YES [ ] NO [ ]
If yes, explain. 4,6 X41 a?
10. Estimated total number of acres of waters of the U.S., includitg ?tlands, located o4roject site:
4-
Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
11.
Filled: O.• Bo A, /-AX
Drained: 0
Flooded: 0 -
Excavated: z9
Total Impacted: 0 • Flo l9,-, Mak -
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
13. Purpose of proposed work: Q- =Q.. ao
f
14. State reasons why the applicant believes that this activity must e c ed out in etlands. Also, note eas s
taken to minimize wetland impacts. Y
15. You are require contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMF) rq?arding the presence or any Federally listed or proposed for listing endangered or threatened species or critical
habit Rn t e permit area that may be affected by the proposed project. Have you done so? YES ( ) NO[ )
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [ ) NO [ ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for s project, aa ach c
E. What is land use of surrounding property? V?-rrti Ar??
F. If applicable, what is proposed method of sewage disposal?
Owner's Signature Date
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Location (Community, watershed, road & distance, etc.)
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Date
Acres
Approximate Approximate
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DEM ID/de I ?I (J ?U ACTION ID:
Nationw Permit Requested (Provide Nationwide Permit #):
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890 "
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
OCT - 61994
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CO
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGE.M NT.
PLEASE PRINT. ,J Q 4-/ ?? ^ L Y
Owners Name:
h
t
2. Owners Address: o- V2OY SZ b _52 0,3 7
3. Owners Phone Number (Home): (Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County:
Nearest Town or City:
Specific Location (Include road numbers, I-andmarks, etc.):
rr.?
6. Name of Closest Stream/River: ?
7. River Basin: --) -?
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] No?
9. Have any Section 404 permits been
Estimated total number of
i IN -. -
WATER QUAiJ77rPLANNIN.G..
DIVISION OF EWI:k6t lv ENTAL MANS
NC DEPAR'T'MENT OF:`ENVIRONMENT,?
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. ;OHN DORNEY
Telephone [phone]
rrmnectM fnr use nn this mmneM?
YES
Filled: O.80 11-C, Af-
Drained: 0
Flooded: D
Excavated: 0 -
/rlar -
TotalImpacted: o-80
NO
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
13. Purpose of pr osed work: y =st_> o ?1
s G
14. State reasons why the applicant believes that this activity must a ca?ried out in etlands. Also, note ears s
taken to minimize wetland impacts.
jz2r-e-s a4 A/
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15. You are require contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [ ] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TGCORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [ ] NO[
]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional, information required by DEM:
A. Wetland delineation map showing all wetlands, streams, and lakes on the property.
B. If available, representative photograph of wetlands to be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for s project, a ach c
E. What is land use of surrounding property?
F. If applicable, what is proposed method of sewage disposal?

Owner's Signature Date
.
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Owner /L ?e- r Plan No,
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Data
Acres
ApMonimele Appesimde
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Location (Community, watershed, road 6 distance, etc.)

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North Carolina Wildlife Resources Commission 0
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Dorney
Water Quality Planning Section
Division of Environmental Management
FROM: Richard B. Hamilton !t f a d
Assistant Director
DATE: November 1, 1994
SUBJECT: 401 Water Quality Certification Review for Mr. Robert McLamb, Proposed
Placement of Fill Material into 404 Wetlands Associated with Harnett Branch,
Hog House Construction, Sampson County, North Carolina, Division of
Environmental Management Project No. 94886.
Staff biologists with the North Carolina Wildlife Resources Commission (NCWRC) have
completed review of the proposed project and evaluated possible impacts on fisheries, wildlife,
and wetland resources in the project area. An on-site investigation was made on October 21,
1994. Our comments are provided in accordance with provisions of the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), Section 401-b of the Clean
Water Act of 1977 (as amended), and North Carolina General Statutes (G.S. 113-131 et seq.).
Mr. Robert McLamb is requesting permit authorization to place fill material in 404
wetlands associated with Harnett Branch near the town of Salemburg in Sampson County.
Placement of the fill material will result in the unavoidable loss of 0.80 ac of 404 hardwood
wetlands. The purpose of the proposed project is to provide a suitable high ground foundation
for construction of a 200 ft long by 54 ft wide hog house.
The project area consists primarily of hardwood uplands interspersed with 404 wetlands
which are considered "404" jurisdictional areas by the U.S. Army Corps of Engineers. These
wetlands provide numerous functions which benefit the public as well as fish and wildlife. These
functions include retention and purification of stormwater runoff and providing valuable habitat
.^. +.
MEMO: John Dorney 2 11/2/94
for numerous species of fish and wildlife. These wetlands play a major role in the overall
biological productivity of adjacent waters.
We have determined the proposed project is inconsistent with our Policies and Guidelines
for Conservation of Wetlands and Aquatic Habitat and recommend that water quality certification
for the proposed project not be issued. In addition, we believe that this project is inconsistent
with the Environmental Protection Agency's Section 404(b)(1) guidelines in that the proposed
project does not constitute a water dependent activity. If certification is not withheld, then we
recommend that all spoil material be deposited outside wetlands.
Thank you for the opportunity to review and comment on this 401 Water Quality
Certification Application. If we can provide further assistance, please contact District 4 Fisheries
Biologist Keith W. Ashley at 910-866-4250.
KA/fm
cc: The Honorable Ted B. Lockerman
The Honorable John E. Pechmann
Keith W. Ashley, District 4 Fisheries Biologist
Tom Padgett, District 4 Wildlife Biologist