19971006 Ver 1_Complete File_19971117

4 tate of North Carolina
Department of Environment, 4P
Health and Natural Resources
Division of Coastal Management
James B. Hunt Jr., Governor ED L- H FZ
Wayne McDevitt, Secretary
Roger N. Schecter, Director
November 20, 1997
MEMORANDUM
TO: Mr. A. Preston Howard, P. E.
Director
Division of Water Quality
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199800101 dated November
14, 1997 describing a proposed project by the Lumber River State Park, Inc. is being circulated to
interested state agencies for comments on applicable Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by 11/28/97. If you have any questions regarding the proposed project, please contact me at 733-2293.
When appropriate, in-depth comments with supporting data is requested.
REPLY This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
Date
P.O. Box 27687, Raleigh, North Carolina 2761 1-7687 Telephone 9 1 e-733-2293
An Equal Opportunity Affirmative Action Employer 50% Recycled / 10% Posz•Consumer Pacer
RECEIVED
DEPARTMENT OF THE ARMY NOV 17 1997
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-189000ASTALMANAGENIENT
Action ID No. 199800101 November 14, 1997
PUBLIC NOTICE
LUMBER RIVER STATE PARK, represented by Mr. James D. Sessoms, Park Supervisor,
POST OFFICE BOX 10, ORRUM, NORTH CAROLINA 28369 has applied for a Department of
the Army (DA) permit TO CLEAR AND SNAG DEBRIS ASSOCIATED WITH HURRICANE
FRAN FROM THE LUMBER RIVER IN, ROBESON AND SCOTLAND COUNTIES, North
Carolina.
The following description of the work is taken from data provided by the applicant. The
work will occur along the Lumber River from U.S. Highway 74 bridge in Robeson County to
SR 1472 in Scotland County (see attached map). Activities will consist of the removal of
vegetative, construction and residential debris using hydraulic excavators equipped with
mechanical thumbs or grapple attachment, loaders, portable winches or winches on tracked or
rubber tired equipment, mechanical wheel grinders on tracks, barges, chain saws, and hand tools.
Excavation or deposition of soils or sediments is expressly prohibited during this
operations. Because of this, a 401 Water Quality Certification will not be required for proposed
work from the North Carolina Division of Water Quality.
Debris will be disposed of on high ground where practicable. In wetlands, vegetative
debris will be spread and/or anchored so that material will not be displaced back into the channel
or impede lateral flow. Heavy equipment working in wetlands will be placed on mats, or other
measures taken to minimize soil disturbance. Land equipment will operate adjacent the channel
and not within the channel. Trees maybe cut for access to work sites; however, mechanized
land clearing in wetlands will not occur.
If a spill of petroleum products or any other hazardous waste occurs, the event will be
reported to the N.C. Division of Water Quality. The purpose of the work is to remove flow
blockages and hazards to water traffic. The project is funded by the Natural Resources
Conservation Service's Emergency Watershed Protection program, the state of North Carolina,
and local monies.
l
t..
-2-
The requested Department of the Army (DA) permit will be denied if any required State or
local authorization and/or certification is denied. No DA permit will be issued until a State
coordinated viewpoint is received and reviewed by this agency. Recipients of this notice are
encourage 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 10 of the River and Harbor Act of
1899 (33 U.S.C. 403). Anyone 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 site 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 comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a
r
-3-
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
(EA..) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental
Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to
determine the overall public interest of the proposed activity.
Written comments pertinent to the proposed work, as outlined above, will be received in
this office, Attention: Mr. Michael S. Taylor, until 4:15 p.m., November 28, 1997, or telephone
[phone].
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ZEMORANDUM
41
l
)UBJECT:

PRINT NAMES:
Reviewer•
JOHN DORNEY WQ SUPV.:
ENVIRONMENTAL SCIENCES BRANCH DATE:
WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE)
PERMIT YR:
APPLICANT NAME:
PROJECT TYPE:
COE #:
RCD_FROM _CDA:
REG OFFICE:
97 PERMIT NO: 0001006
LUMBER RIVER STATE PARK
CLR HURICN DEBRIS
COE
FRO
ZIVER AND_SUB_BASINJ: 030751
COUNTY: ROBESON
PERMIT TYPE:
DOT It :
DATE FRM CDA:
I P
EWW,' PWAL W
"Q4"
11/17/97
14 ED
1991
STR_INDEX N0:
STREAM CLASS/A.001 WJZV--4
WL_IMPACT?: Y/N
WL REQUESTED :
WL_SCORE (#) : A// /Z_
MITIGATION?: Y/N
MITIGATION-SIZE:
WL_TYPE : FAYETTEVIL L
REG. 0a FGE
WL_ACR_EST?: Y/N
WATER IMPACTED BY FILL?: YCij
MITIGATION TYPE:
DID YOU REQUEST MORE INFO?: Y/N
IS WETLAND RATING SHEET ATTACHED?: Y( n
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/N
RECOMMENDATION (Circle One) : ISSUE ISSUE/COND DENY
COMMENTS : ?? G1rL?L•?`?
'c: Regional. Office
Central Files
I'm not exactly sure about this application, or public notice. It specifically says that no 401
Certification is required, since "Excavation or deposition of soils or sediments is expressly
prohibited during this operation. Because of this, a 401 Water Quality Certification will not be
required for proposed work from the North Carolina Division of Water Quality."
Apparently, the intention was to solicit comments. That being the case, it's too late. The
Comment Period ended November 28, 1997. It was stamped in the environmental sciences group
on Nov. 17, and the original received in Fayetteville on December 3, after the closing date.
Whatever the case, if the public notice is accurate, the conditions followed, and the contractors
act responsibly, there shouldn't be an issue. That's asking a lot.
{
D
TRIAGE CHECKLIST
Project Name:
Project Number:
County:
The attached project has been sent to you for review for the following reasons. Please consider whether a
site visit is needed to determine the impacts. Particular attention should focus on the below checked items.
Please feel free to call the central office staff member assigned to your region if you need assistance.
Stream length impacted.
Stream determination (i.e. intermittent or perennial, or any channel present).
- Wetland impact and distance to blue-line surface waters on USGS topo map.
- Minimization/avoidance options.
NW 14. (is access to highground or wetlands)?
Neuse buffer rules.
- Pond (water) fill (i.e. is the pond drained or holding water)?
Pond creation (i.e. in uplands, in a drained channel, or in wetlands). Please locate streams and
channels (if any) so that the central office can determine.
Midgation ratios.
Stormwater pond placed in wetlands.
Ditching in wetlands.
Is the applicant's proposed stream/wetland mitigation site available and viable?
Applicant/consultant has a history of non-compliance (check drawings and application for
accuracy).
Has project been split from previous work to avoid mitigation requirements?
Consistent with pre-application meetings?
Cumulative impact concerns.
6llivi?
OTHER: .L? c4 q C! !/'I74i
j
g71006
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199800101 November 14, 1997
PUBLIC NOTICE
LUMBER RIVER STATE PARK, represented by Mr. James D. Sessoms, Park Supervisor,
POST OFFICE BOX 10, ORRUM, NORTH CAROLINA 28369 has applied for a Department of
the Army (DA) permit TO CLEAR AND SNAG DEBRIS ASSOCIATED WITH HURRICANE
FRAN FROM THE LUMBER RIVER IN, ROBESON AND SCOTLAND COUNTIES, North
Carolina.
The following description of the work is taken from data provided by the applicant. The
work will occur along the Lumber River from U. S. Highway 74 bridge in Robeson County to
SR 1472 in Scotland County (see attached map). Activities will consist of the removal of
vegetative, construction and residential debris using hydraulic excavators equipped with
mechanical thumbs or grapple attachment, loaders, portable winches or winches on tracked or
rubber tired equipment, mechanical wheel grinders on tracks, barges, chain saws, and hand tools.
Excavation or deposition of soils or sediments is expressly prohibited during this
operations. Because of this, a 401 Water Quality Certification will not be required for proposed
work from the North Carolina Division of Water Quality.
Debris will be disposed of on high ground where practicable. In wetlands, vegetative
debris will be spread and/or anchored so that material will not be displaced back into the channel
or impede lateral flow. Heavy equipment working in wetlands will be placed on mats, or other
measures taken to minimize soil disturbance. Land equipment will operate adjacent the channel
and not within the channel. Trees may be cut for access to work sites; however, mechanized
land clearing in wetlands will not occur.
If a spill of petroleum products or any other hazardous waste occurs, the event will be
reported to the N.C. Division of Water Quality. The purpose of the work is to remove flow
blockages and hazards to water traffic. The project is funded by the Natural Resources
Conservation Service's Emergency Watershed Protection program, the state of North Carolina,
and local monies.
N
-2-
The requested Department of the Army (DA) permit will be denied if any required State or
local authorization and/or certification is denied. No DA permit will be issued until a State
coordinated viewpoint is received and reviewed by this agency. Recipients of this notice are
encourage 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 10 of the River and Harbor Act of
1899 (33 U.S.C. 403). Anyone 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 ofthe National Register of
Historic Places for the presence or absence of registered properties, or properties listed as being
eligible for inclusion therein, and this site 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 comply with the Environmental Protection Agencies' 404(b)(1)
guidelines. Subject to the preceding sentence and any other applicable guidelines or criteria, a

-3-
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
(EA..) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental
Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to
determine the overall public interest of the proposed activity.
Written comments pertinent to the proposed work, as outlined above, will be received in
this office, Attention: Mr. Michael S. Taylor, until 4:15 p.m., November 28, 1997, or telephone
[phone].

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