19970972 Ver 1_More Info Received_20010120 (8)

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HCDENR
DIVISION OF WATER QUALITY
July 2, 1999
Memorandum To: John Dorney
From: Todd St. John 41
Subject: Anson County Landfill Stream Restoration Plan
Anson County
I have briefly reviewed the stream restoration and monitoring plan for stream
mitigation that would be required if a 401 Certification were to be issued for the subject
project as proposed. The proposed plan appears to be adequate and includes all of the
necessary elements to meet the proposed definition of stream restoration. I have not
checked the calculations used to determine the hydrological and morphological
parameters; however, the "numbers" appear to be appropriate and there appears to be
adequate land allotted to the restoration site if adjustments are needed.
.:z
Curve Number Method
N
P
S'
R
acreage
volume
volume/acre
89.00
1.00 in
1.24 in
0.28 in
93.60 acres
96820.83 ft3
1034.41 ft3/acre
Anson County Landfill
Simple Method
impervious acreage acres A,.55Q^x-,
1 25 acre/acre
Rv 0.275 in/in
volume 93436.2 ft3
volume/acre 998.25 ft3/acre
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
***draft prepared June 29, 1999***
NOTE -This is a DRAFT 401 Certification, pending the q4, 13,_1999 blic Hearing for the Anson
County Landfill in Wadesboro, NC and subsequent review is comments by DWQ. The
hearing itself is scheduled pending submission of a revised and acceptable stream mitigation plan by
EcoScience, Inc. for Chambers Development of NC, Inc. Copies of the revised stream mitigation
plan, the application and this draft 401 Certification will be available as of July 2, 1999 at the
Hampton B. Allen Public Library at 120 South Green Street, Wadesboro, NC, 28170 (704-694-5177)
and at the DWQ Fayetteville Regional Office at 225 Green Street, Suite 714, Fayetteville, NC, 28301
(910-486-1541). This draft has been requested to be available during the public hearing and may be
substantially revised at any time before or after the hearing.
Mr. Brian Card, P.E., Regional Engineer
Container Corporation of Carolina
P.O. Box 219
:Pineville, North Carolina, 28134
Dear Mr. Card:
Re: Anson County Landfill, Chambers Development of North Carolina, Inc.
Attached hereto is a copy of Certification No. **** issued to Chambers Development of North
Carolina, Inc., dated ***** ****, 1999.
If we can be of further assistance, do not hesitate to contact us.
Attachments
1 01?W'A •
Awn0ft 000%
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Sincerely,
Kerr T. Stevens
970972wgc
cc: Wilmington District Corps of Engineers
Allen Davis, Corps of Engineers, Wilmington Regulatory Field Office
Ken Averitte, DWQ, Fayetteville Regional Office
Roger Thorpe, DWQ, Washington Regional Office
Sherri Coghill, Division of Solid Waste
Melany Earnhardt-Breen, North State Legal Services
Mr. John Dorney, DWQ Dennis Ramsey, DWQ
Ernie Seneca, DWQ Mona O'Bryant
Denise Lee Central Files
Division of Water Quality • Environmental Sciences Branch
Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
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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 to Chambers Development
of North Carolina, Inc., resulting in 3,730 linear feet of jurisdictional perennial and
intermittent stream impacts and 0.49 acre of wetland fill located above and below
headwaters of Brown Creek and Pinch Gut Creek pursuant to an application filed on the
22nd day of October of 1998 to to construct a solid waste management facility on a 1200-
acre tract in Anson County.
The application provides adequate assurance that the discharge of fill material into Brown
Creek and Pinch Gut Creek and their unnamed tributaries 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, and in supplemental materials provided to DWQ
(or the Corps of Engineers) by Chambers (or its associates) on January 7 and 12, March 9, and
September 1, 1998, January 28 and May 14, 1999. If you change your project, you must notify
us and send us a new 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. Should additional wetland or stream fill be requested in the
ftiture, 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) Solid Waste, Sediment and Erosion control, Non-discharge and
Water Supply Watershed regulations.
Condition(s) of Certification:
1. That the activity be conducted in such manner as to prevent significant increase
in turbidity outside the area of construction or construction related discharge (50 NTU's
in streams and rivers not designated as trout waters by DWQ; 25 NTU's in all saltwater
classes, and all lakes and reservoirs; 10 NTU's in trout waters).
2. Should waste or borrow sites be located in wetlands, compensatory mitigation
will be required since it is a direct impact from construction activities.
3. In accordance with 15A NCAC 2H.0506 (h) compensatory mitigation is required for
stream impacts. 1085 linear feet of perennieal stream mitigation is required at a 1:1
ratio. Stream mitigation shall be implemented onsite in accordance with the stream
mitigation plan developed by EcoScience, Inc. (revised plan dated July 1, 1999). The
State of North Carolina's monitoring protocol for macrobenthos populations shall be
followed for the biotic success criteria. Initiation of the stream mitigation work shall be
implemented prior to the requested stream impacts. An as-built report is due to DWQ
upon completion of the mitigation work. The monitoring protocol shall include data and
interpretations of macrobenthos populations, water chemistry, flow rates and physical
measurements demonstrating stream stability, and can only be ended after five years
(following construction) if the stream is stable and restoration is successful. If
necessary, the morphology of the constructed stream shall be revised and monitoring
shall continue until stabilization is achieved and restoration is demonstrated to be
successful for five years. If at any time it is determined that the effects of landfill
operations or facilities (such as stormwater runoff, wash areas) threaten the integrity of
the mitigation site, Chambers must notify DWQ and determine how the problem will be
corrected.
4. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the State until the concrete has hardened.
Additional conditions to be determined following review of comments received during
or after the public hearing.
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 Permit. This Certification
shall expire upon expiration of the 404 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 ****`b day of **** 1999
DIVISION OF WATER QUALITY
Kerr T. Stevens
WQC # ****

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
ATLANTA FEDERAL CENTER
61 FORSYTH STREET
ATLANTA, GEORGIA 30303-8960

MAY 2 6 1999
Honorable Jesse Helms
United States Senator
1?.0. Box 2944
Hickory, North Carolina 28603
Dear Senator Helms:
Thank you for your letter of April 9, 1999, on behalf of Ms. Denise Lee, President, Anson
County CACTUS, concerning the multi-state landfill proposed by Chambers Development, in
Anson County, North Carolina. In her letter to your office, Ms. Lee formally requested a public
hearing on the individual wetlands permit application.
The U.S. Army Corps of Engineers (Corps) drafts permits under the Clean Water Act
Section 404 for the discharge of dredged or fill material to wetlands. The U.S. Environmental
Protection Agency (EPA) oversees the permit issuance activities of the Corps and provides
comments, when appropriate, on permit applications. EPA reviewed the permit application for
Chambers Development, which was described in a public notice by the Corps in October 1998.
Based on the information provided, EPA did not provide any comments or objections to the
proposed wetlands permit. It was our conclusion that the mitigation required by the Corps was
sufficient to offset the wetland impacts of the activity.
In response to your letter, a representative of EPA's Region 4 Wetlands Section contacted
the Corps Field Office in Wilmington, North Carolina, concerning this project and the status of
the wetlands permit application. The Wilmington Corps Office indicated that although the formal
30-day public comment period has expired, concerned citizens and others may still submit
comments and information to the Corps Wilmington Field Office. A decision to hold a public
hearing in the Wilmington District would be made by Colonel Terry R. Youngbluth, District
Engineer of the Wilmington District Corps of Engineers. Ms. Lee may wish to contact Colonel
Youngbluth at P.O. Box 1890, Wilmington, North Carolina 28402 or by telephone at (910) 251-
4.501 to request a public hearing.
Internet Address (URL) • http://www.epa.gov
Recycled/Recyclable • Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 25% Postconsumer)
I ti All
If I may be of further assistance, please feel free to contact me or the Office of External
Affairs at [phone].
Sincerely,
John . Hank son, Jr.
Regional Administrator
cc: Ernest W. Jahnke, U.S. Army Corps of Engineers
John Dorney, North Carolina Department
of Environment and Natural Resources/Water Quality
Colonel Terry R. Youngbluth, U.S. Army Corps of Engineers

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
AWIVOA
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 2, 1999
Anson County Record and M&I
PO Box 959
Wadesboro, NC 28170
Attn: Legal Ad Department
Dear Sir:
Re: Public Notices
Please publish the attached Public Notice one time in the sections set aside for Legal
Advertisements in your newspaper. The publication should run on or before June 4, 1999.
Please send the invoice for the publications and three copies of the affidavit of publication to the
address given below. Payment cannot be processed without the affidavit of publication.
N.C. Division of Water Quality
Water Quality Section
4401 Reedy Creek Road
Raleigh, NC 27607
Attn: John Dorney
1786.
If you have any questions concerning this matter, please call John Dorney at 919-733-
Sin
Jo . o ey
W ter Quality Cerd c ion Program
cc: John Dorney
Fayetteville Regional DWQ Office
Central Files
Wilmington Field Office US Army Corps of Engineers
Ernie Seneca, DWQ
Sherri Coghill, Division of Sold Waste
Mona OBryant
Denise Lee
Wetlands/401 Unit 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
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• F
PUBLIC HEARING
CHAMBERS DEVELOPMENT OF NORTH CAROLINA, INCORPORATED
NORTH CAROLINA DIVISION OF WATER QUALITY
PUBLIC NOTICE is hereby given that Chambers Development of North Carolina, Incorporated, has
applied to the North Carolina Division of Water Quality for a Water Quality Certification pursuant to
Section 401 of the Federal Clean Water Act and Water Quality Commission rules in 15A NCAC 2B .0101,
15A NCAC 2B .0231 and 15A NCAC 2H.0500. The activity for this Certification is sought to impact
3,730 linear feet of jurisdictional perennial and intermittent streams and 0.49 acre of wetlands to construct a
solid waste management facility on a 1200-acre tract located above and below headwaters of Brown Creek
and Pinch Gut Creek in Anson County. The public is hereby notified that a joint public hearing for the
Division of Water Quality and Division of Solid Waste Management will be held on Tuesday, July 13,
1999 starting at 7 p.m. in the Anson County Courthouse, Courtroom #1, 2°d Floor, 114 North Green Street,
Wadesboro, North Carolina.
The public is invited to comment on the above mentioned application to the Division of Water Quality as
well as during the Public Hearing. Comments shall be in writing and shall be received by the Division no
later than August 14, 1999. Comments should be sent to the N.C. Division of Water Quality, Non-
Discharge Branch, 4401 Reedy Creek Road, Raleigh, NC, 27607, Attn: Cyndi Bell (919-733-1786, FAX:
919-733-9959). A copy of the application is on file at the DWQ Division Office at Fayetteville, North
Carolina (Fayetteville Regional Office phone [phone], FAX [phone]) during normal business
hours and may be inspected by the public.
:Kerr T. Stevens
:Director
N.C. Division of Water Quality
:Date: June 2, 1999
4
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
098?FA
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D E N R
Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX: [phone]
FAX TO: I)e / D , I FAX NUMBER:
FROM: C?7,??f r ?e q
PHONE:
NO. OF PAGES INCLUDING THIS SHEET: 3
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B. HUNTJR
NOR
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WASTE MANAGEMENT
The Anson Record
P.O. Box 959
Wadesboro, NC 28170
Attn: Levonda
Dear Levonda:
June 18, 1999
III JUN p 51999 ??
Please publish the enclosed public notice on June 23, 1999, in the legal
advertisements section. I understand that you will bill the Solid Waste Section
for publication of the notice. Please send the invoice, along with an affidavit of
publication to:
NC Division of Waste Management
Solid Waste Section
P.O. Box 29603
Raleigh, NC 27611-9603
Attn: Pat Williamson
If you have any questions regarding the notice, please contact me at
[phone], ext. 259.
Sincerely,
Sherri L. Coghill
Environmental Engineer
Solid Waste Section
cc: Vance Gulledge, Anson County
Terry Dover, DWM
Mark Fry, DWM
Mona O'Bryant
401 OBERLIN ROAD, SUITE 150, RALEIGH, NC 27605
PHONE [phone] FAX [phone]
AN EQUAL OPPORTUNITY/ AFFIRMATIVE ACTION EMPLOYER-50% RECYCLED/10% POST-CONSUMER PAPER
r,
PUBLIC NOTICE
North Carolina Department of
Environment and Natural Resources
Division of Waste Management
The public is hereby notified that the Solid Waste Section has prepared Draft Solid Waste Permit
No. 04-03 for construction of Phase 1 of the Chambers Development of NC, Inc. Landfill, a
municipal solid waste landfill facility (MSWLF), pursuant to 15A NCAC 13B .1600 of the Solid
Waste Management Rules. A 45-day public comment period will begin June 23, 1999, and end
at 5 PM on August 6, 1999. Comments regarding the draft permit or the proposed permit
conditions shall be in writing and directed to the division contact listed below. Please note that
issuance of a final Solid Waste Permit is contingent upon the applicant receiving Water Quality
Certification and a Permit to Discharge Fill Material in Wetlands.
The Division of Waste Management and the Division of Water Quality will hold a joint public
hearing on Tuesday, July 13, 1999, 7 PM, in the Anson County Courthouse, Courtroom No. 1,
2nd Floor, 114 North Green Street, Wadesboro, NC.
The proposed landfill facility will be owned by Chambers Development of NC, Inc. and located
on US Highway 74, east of Polkton, NC. The facility boundary encompasses a total of 793
acres, of which approximately 140 acres will be developed as landfill units. The total disposal
capacity of the landfill is approximately 19.3 million cubic yards. The facility will be developed
in five-year phases. The first five-year development area, Phase 1, encompasses approximately
40 acres and has a disposal capacity of 3.3 million cubic yards. The initial average disposal rate
is 750 tons per day increasing to a maximum average disposal rate of 1500 tons per day as per
the agreement with Anson County. This permit approves both the overall facility plan and the
specific construction of Phase 1. The application is available for review, by appointment, during
the hours of 9AM - 4PM, Monday through Friday, at the Division of Waste Management, 401
Oberlin Road, Suite 150, Raleigh, NC.
All comments and requests for copies of the fact sheet, draft permit, rules for the public hearing,
and/or notice of final permit decision should be directed to the division contact:
Sherri Coghill
NC Solid Waste Section
PO Box 29603
Raleigh, NC 27611-9603
[phone], ext. 259
FAX [phone]
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
099;TA
D E N R
Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX: [phone] _
FAX TO: G le- f FAX NUMBER:
PHONE: -7 3 3 - ?SZ
NO. OF PAGES INCLUDING THIS SHEET:
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The Anson
Record
And '9* Otatnger anb badtignuer
P.O. Drawer 959, Wadesboro, North Carolina 28170
[phone]
ACCOUNTING DEPARTMENT 0 94t,4#- 090(c
6, altz ?
Dear Advertiser, ? i U
Your account is now over 30 days past due. Our clients tell us that they appreciate a reminder when an item appears past due on our
ledgers.
This may have been an oversight on your part, or the correspondence may have crossed
in the mail.
Please submit payment to bring your account up to date.
Jf your account become 60 days over due, and no payment or arrangement for payment
is made, we will not be able to extend further credit to you.
Sincerely,
0 LeeVonda Simon
Bookkeeper
"The People Paper"
The Anson
Record
And 9be llemanger anb 3ntelligencer
P.O. Drawer 959, Wadesboro, North Carolina 28170
[phone]
ACCOUNTING DEPARTMENT
. 691&
Dear Advertiser, /1. C' , 0" q wa,4
Your account is now over 30 days past due. 6.3-12S7
Our clients tell us that they appreciate a reminder when an item appears past due on our
ledgers.
This may have been an oversight on your part, or the correspondence may have crossed
in the mail.
Please submit payment to bring your account up to date.
Jf your account become 60 days over due, and no payment or arrangement for payment
is made, we will not be able to extend further credit to you.
Sincerely,
4,- tj -
LeeVonda Simon
Bookkeeper

"The People Paper"
STATE OF NORTH CAROLINA
PUBLIC HEARING
CHAMBERS DEVELOPMENT COUNTY OF ANSON
OF NORTH CAROLINA, INC.
..NORTH CAROLINA DIVISION AFFIDAVIT OF PUBLICATION
OF WATER QUALITY
public Notice is hereby given that Charn ,I
bars Development of North Carolina, in Before the undersigned, a Notary Public of said County
corporated, has applied to the North and State, duly commissioned, qualified, and authorized by law
Carolina Uivision• of Water Quality for a
Water Quality Certification pursuant to
Section `401 of the Federal Clean Water" to administer oaths, personally appeared
Act and Water Quality Commission rule's
in 15A NCAC 2B .0101, 15A NCAC DAVID DEESE who being
26.0231 and.15A NCAC 2H:0500. The: first duly sworn; deposes and says: that he (she) is an official
activity for this Certification is sought to''
impact 3,730 linear feet of jurisdictional
perennial and intermittent'streams and
0.49 acre of wetlands to construct a solid
waste management facility on a 1200-
acre tract located above and below
headwaters of, Brown Creek and Pinch
Gut Creek in nson County. The public is of THE ANSON RECORD and MESSENGER 8 IhTELLIC.ENCER
±hereb notified that a joint public hearing a newspaper published, issued, and entered as second class mail
k fdr the Division of~ Water Quality and in the City of WADESBORO, N. C. in said County and State;
Division of Solid Waste 'Management will that he (she) is authorized to make this affidavit and sworn state-
be held on Tuesday, July 13, 1999, start- went; that the notice or other legal advertisement, a true copy of
Courthouse, ing' 7 P.M. Courtroom theroom #1,Anson. County which is attached hereto, was published in THE ANSON RECORD
Floor,
114'N I orth Greene °Street, W 2nd adesboro, and MESSENGER & INTELLIGENCEft on the following dates:
North Carolina., JUNE 9,, 1999
,.The public is invited. to comment on the
above mentioned application to the Divi-` " `Sion of Water Quality as Well as during'
She Public Hearing. Comments shall be in
writing and shall be, received by the Divi-
Sion no aateri' than August 14, 1999.
Comments should be sent to, the N.C `.
Division of Water Quality, Non,Discharge and that the said newspaper in which said notice, paper, docu-
Branch, ` '4401: Reedy Creek,, Road,
Raleigh, N.C.. 27667, Attn: Cyndi Bell went, or legal advertisement was published, was at the time of
[phone], FAX [phone].-.A each and every such publication, a newspaper meeting all of the
copy of the application is on file at the requirements and qualifications of Section 1-597 of the General
t _ - Statutes of North Carolina and was a qualified newspaper within
the meaning of Section 1-597 of the General Statutes of North
DWQ Division Office at Fayetteville, Carolina.
North Carolina (Fayetteville Regional. 9th JUNE
Office phone [phone], FAX: 910- This 71-4-
486.0707 during normal business hours
(SIGNATURE f , 19 99
and may be inspected by the public. F P ON MAK G AFFIDA
Kerr T - Stevens -
Director r Quality - worn and subscribed before me, this day of
N.C. Division ate by
Qate. June 2,199 W 6.9-1tc; 0950 ?
tary Public
My Commission expires: 7aAfJQ 444-1 3
North State Legal Services
114 West Corbin Street
PO Box 670
Hillsborough, INC 27278
[phone]/Fax: [phone]
Brenda Ford Harding
Program Director
June 30, 1999
1-800-672-5834
Toll-free Number
VIA. FAX [phone]& MAIL
Mr. Jim Coffey
Division of Waste Management
Solid Waste Division
401 Oberlin Drive
Raleigh, NC 27605
Dear Mr. Coffey:
As,
ou know, we represent citizens in Anson County who oppose the siting and
construction of a proposed landfill near Polkton, NC. These individuals live near the
proposed landfill site and will be affected by it's construction and operation.
We understand that a public hearing has been scheduled in Anson County on July 13, two
weeks from yesterday, for both the proposed solid waste permit and the proposed wetland
permit. However, despite repeated requests from citizens, neither draft permit has been
provided for review. As you know, it is impossible to prepare for a hearing, or get
experts to review a proposed permit, without a draft in hand to review.
We are extremely concerned about this issue. We ask that you send a copy of the draft
permit to us, that you provide a copy for citizens to review, and that you re-schedule the
hearing to allow the full 30 days to review and prepare for the hearing, as the notice
requirements provide. At the absolute minimum, the comment period should be extended
until at least 30 days after the hearing to allow us the opportunity to review the permits
and submit comments to your agency.
Phrase contact either of us as soon as possible about this matter.
Sincerely, Sincerely,
JMelanardt Breen Jo D. Runkle
Attorney at Law
John Dorney
Attorney at Law
Private Co-counsel
[phone]
A Legal Services of North Carolina Program
Service Alamance, Anson, Caswell, Chatham, Moore, Orange and Richmond Counties