19970235 Ver 1_COMPLETE FILE_19970313

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS .
P.O,BOX1890 /_~/
WilMINGTON, NORTH CAROLINA 28402,1890 LJi' O{.
April 30, 1997 t" l

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IN REPLY REFER TO

Regulatory Branch

Action ID No. 199704595, 'IID':l:-2305B, State proj ect No. 8.1461401

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Mr, H. Franklin Vick, P.E., Manager
Planning and Environmental Branch
North Carolina Department of Transportation
Post Office Box 25201
Raleigh, North Carolina 27611-5201

Dear Mr, Vick:

Please reference your application dated March 12, 1997, requesting
Department of the Army (DA) authorization to construct a new southbound
acceleration ramp from the SR 1636 interchange to the Lumber River and
widening of the southbound lanes of the Lumber River Bridge on I-95, near
Lumberton, Robeson County, North Carolina, This work will require the
deposition of 4,966 yd3 of class II rip-rap into 0,005 acres of the Lumber
River to allow construction access to the bridge bents located on the northern
side of the river.

For the purposes of the Corps of Engineers' Regulatory Program, the
"December 13, 1996 Federal Register, Final Notice of Issuance, Reissuance, and
Modification of Nationwide Permits (61 FR 65874)" listed nationwide permits.
Authorization, pursuant to Section 10 of the Rivers and Harbors Act of 1899
and Section 404 of the Clean Water Act, was provided for temporary structures,
work and discharges, including cofferdams, necessary for construction
activities or access fills or dewatering of construction sites; provided the
associated primary activity is authorized by the Corps of Engineers or the
U,S. Coast Guard, or for other construction activities not subject to the
Corps or U,S. Coast Guard regulations,

The temporary causeway is authorized by this nationwide permit provided
it is accomplished in strict accordance with the enclosed conditions and the
following special condition, and provided you receive a Section 401 water
quality certification from the North Carolina Division of Water Quality
(NCDWQ), You should contact Mr. John Dorney, telephone [phone],
regarding water quality certification, This nationwide permit does not
relieve you of the responsibility to obtain other required State or local
approval,

-2-

SPECIAL CONDITION

a. No in-stream work is allowed between March 15 and June 15 during the
life of this project,

This verification will be valid until the nationwide permit is modified,
reissued or revoked, which will occur by February 11, 2002, It is incumbent
upon you to remain informed of changes to the nationwide permits, which will
be announced by public notice when they occur. If you commence, or are under
contract to commence, this activity before the date the nationwide permit is
modified or revoked, you will have twelve months from the date of the
modification or revocation to complete the activity under the present terms
and conditions of this nationwide permit,

When you have completed your work and any required mitigation, please
sign and return the enclosed certification form,

You also requested DA authorization to place fill material into 0.17
acres of wetlands to widen the southbound lanes of the I-95 bridge over the
Lumber River. On January 1, 1992, we renewed general permit No. 198200031,
(copy enclosed), that authorizes the placement of fill material associated
with the construction, repair, or replacement of bridges across navigable
waters and waters of the United States in North Carolina, including
cofferdams, abutments, foundation seals, piers, temporary construction and
access fills, approach fills, detour fills, and box culvert installation, as
part of work conducted by or in full compliance with the standards and
specifications of the North Carolina Department of Transportation (NCDOT).

Your proposed work
all permit conditions,
unintentional violation
general permit does not
required approvals, you
before beginning work,

is authorized by this permit if you can comply with
Please read the enclosed permit to prevent an
of Federal law, As this Department of the Army
relieve you of the responsibility to obtain any other
should contact appropriate State and local agencies

Questions or comments may be addressed to me in the Wilmington Regulatory
Field Office, telephone [phone].

Sincerely,

Scott McLendon
Regulatory Project Manager

Enclosures

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Copies Furnished (without enclosures)

Mr, John Hefner, Field Supervisor
U.S, Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726

Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607

-3-

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality

James B. Hunt. Jr., Govemor
Jonathan B, Howes, Secretary
A. Preston Howard, Jr., P,E., Director

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DEHNR

May 12, 1997
Robeson County
WQC 401 Project #970235
TIP# 1-2305B
State Project No. 8.1461401

APPROVAL of 401 Water Quality Certification

Mr. Franklin Vick
N.C. Dept. of Transportation
Planning and Environmental Branch
P.O. Box 25201
Raleigh, NC 27611-5201

Dear Mr. Vick:

You have our approval, in accordance with the attached conditions, to place temporary fill in 0.17 acres
of wetlands or waters for the purpose of constructing road improvements at 1-95 from Southern Lumberton
Corporate limits to US 30l/SR 1997 interchange, as you described in your application dated 12 March 1997.
After reviewing your application, we have decided that this f1l1 is covered by General Water Quality
Certification Numbers 3114 and 3100. This Certification allows you to use Nationwide Permit Number 33
and Regional (General) Permit 031 when it is issued by the Corps of Engineers. This Certification replaces
one issued on 24 March 1997.
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. If total
wetland f1lls 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 in the attached certification. 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. Also this approval will expire
when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P,O. Box 27447, Raleigh, N.C. 27611-7447, This certification and its conditions
are fmal and binding unless you ask for a hearing,
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act If you have any questions, please telephone John Dorney at 919-733-1786.

Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DWQ Regional Office
Mr. John Dorney
Central Files

970235.ltr

Division of Water Quality · Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd" Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer. 50% recycled/10% post consumer paper

State of North Carolina
Department of Environment I
Health and Natural Resources
Division of Water Quality

James B. Hunt, Jr.. Govemor
Jonathan B, Howes, Secretary
A. Preston Howard. Jr" P,E.. Director

..VA

DEHNR

APPROVAL of 401 Water Quality Certification

March 24, 1997
Robeson County
wQe 401 Project #970235
TIP# 1-2305B
State Project No. 8.1461401

Mr. Franklin Vick
N.C. Dept. of Transportation
Planning and Environmental Branch
P.O. Box 25201
Raleigh, NC 27611-5201

,

I
I
I
1

Dear Mr. Vick:

You have our approval, in accordance with the attached conditions, to place temporary fill in 0.17 acres
of wetlands or waters for the purpose of constructing road improvements at 1-95 from Southern Lumbenon
Corporate limits to US 30l/SR 1997 interchange, as you described in your application dated 12 March 1997.
After reviewing your application, we have decided that this fJ.ll is covered by General Water Quality
Certification Number 3114. This Certification allows you to use Nationwide Pennit Number 33 whim 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. If total
wetland fiUs 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 in the attached certification, In addition, you should get any other federal, state or local
pennits before you go ahead with your project including (but not limited to) Sediment and Erosion Control,
Coastal Stonnwater, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire
when the accompanying 404 or CAMA pennit expires unless otherwise specified in the General Certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which confonns 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 fmal and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act If you have any questions, please telephone John Dorney at 919-733-1786.

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Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DWQ Regional Office
Mr. John Dorney
Central Files

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970235.Itr

Division of Water Quality · Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer . 50% recycledl1 0% post consumer paper

1 Q2'j5
STATE OF NORTH CAROLINA 9
DEPARTMENT OF TRANSPORTATION
JAMES B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JIZ,
GOVERNOR P.O. BOX 25201. RALEIGH. N,C. 27611-5201 SECRETARY

March 12, 1997

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U, S, Army Corps of Engineers
Regulatory Field Office
P. 0, Box 1890
Wilmington, North Carolina 28402-1890

/

A TTN,: Mr. ClitfWinefordner
Chief, South Section

Dear Sir:

SUBJECT: Robeson County, Improvements to 1-95 from the Southern Lumberton
Corporate Limits to US 30 I/SR 1997 Interchange and Widening of the
Southbound Lumber River Bridge, Federal Project No, IR-95-1 (4S)0,
State Project NO.8, 1461401, T.I.P. No, 1-2305B, Action I.D, 199101921.

The proposed project involves construction of a new southbound acceleration ramp from
the SR 1636 interchange to the Lumber River and widening of the southbound Lumber
River Bridge. A Categorical Exclusion document was submitted to the Corps of Engineers
in 1991, On May 3, 1991 the DOA concurred authorizing the work in accordance with
Nationwide Permit 23 (33 CFR 330,5(a)(23), It is our understanding that the NW 23
permit has expired and is no longer valid, On April 26, 1993 the FHW A approved a
Section 4(t) evaluation, Juris' ional wetlands were delineated in 1995 and 1996, and
threatened and endangere eci addressed in 1995 and 1997, The NCDOT hereby
G, ,ie for a Ge~eral :er It 31 fo the const:uction of the bridge ~nd a Nationwid~ permit
3 for onstructIon of a te ry constructIon access causeway In the Lumber RIver.

CDOT has attempted to avoid and minimize wetland impacts during the design of
the project. Encroachment into jurisdictional wetlands and surface waters as a result of
project construction is unavoidable in order to achieve the purpose and need of this
project, Impacts on wetlands wiIl be minimized through best management practices
during project construction. The Erosion and Sedimentation Control Plan established by
the Division of Highways in cooperation with the North Carolina Department of
Environment, Health, and Natural Resources will be followed during construction to

@

2

minimize turbidity levels, D_esign Standards in Sensitive Watersheds in the Sedimentation
Control Guidelines (Title 15A 4B.0024) will be implemented due to the proximity of High -
Quality Waters,

~

Wetland Delineations: On April 11, 1995 jurisdictional wetlands associated with the
project were delineated by NCDOT with total impacts equaling 0,07 hectares (0.17 acres),
Two areas were delineated: one on the north side of the river at station 245 to 247+50
impacting 0,02 hectares (0,06 acres), and one on the south side at station 235 to 241
impacting 0,04 hectares (0, II acres), Both wetlands were characterized as cypress/gum
swamp forest with OEM ratings of92,

Federally Protected Species: According to the U.S, Fish and Wildlife Service (FWS) two
federally protected species, the red-cockaded woodpecker and Michaux's sumac are
known to occur in Robeson County, Biological conclusions of No Effect were issued for
these species on March 20, 1995 and January 10, 1997.

In-Water Construction Moratorium: The subject project is located near project U-2416
that includes the replacement of Bridge No. 43 over the Lumber River. NCDOT Project
U-2416 was authorized April II, 1996 by General Permit 31 (Action 1.0.199501472),
Both projects involve construction of bridges across the Lumber River in Lumberton,
Impacts in jurisdictional wetlands and surface waters are similar. The Section 401 Water
Quality Certification granted by the DWQ for U-2416 requires an in-water construction
moratorium from March IS through June 15 due to the presence of anadromous fish, In
addition, the NC Wildlife Resources Commission supports the March 15 to June 15
moratorium, Therefore, the NCDOT assumes that the construction moratorium for the
subject project will also extend from March 15 to June 15,

Nationwide Permit 33

In addition to this request for a General Permit 31, the NCDOT also requests a Nationwide
Permit 33 for the construction of a temporary causeway in the Lumber River, The new
bridge cannot be constructed without the placement of the temporary causeway to provide
construction access to the bents located on the northern side of the river. Construction of
the proposed causeway is depicted in the attached drawings (Sheets I to 4).

The causeway construction will require the placement of 4966 cubic yards of Class II rip
rap that will result in a footprint of 0,005 acres of temporary fill in Waters of the United
States, Following construction, all causeway material will be removed, The causeway will
be in place for approximately 3,5 years, The temporary fill area will subsequently be
restored to its original contour and rough surface texture. The temporary impact area is
expected to recover naturally, Since the affected area is below the ordinary water surface
the NCDOT does not propose any additional planting,

3

It is anticipated that the above mentioned activities will be authorized under Section 404
Nationwide Permit 33 (Temporary Construction Access and Dewatering), We are,
therefore, requesting the issuance of a nationwide permit authorizing construction of the
causeway. By copy of this letter, it is also requested that the appropriate General Water
Quality Certitication be issued by the North Carolina Division Wat'.:r Quality.

By copy of this letter, we are also requesting comments from the U.S, Fish and Wildlife
Service and the National Marine Fisheries Service regarding the presence of any federally
listed or proposed threatened or endangered species or critical habitat.

Enclosed please find project drawings (Sheets I to 4), a site map and preconstruction
notification form, If you have any questions or need additional information, please call
Ms, Alice N, Gordon at 733-7844, ext. 307.

-d!

H. Franklin Vick, P,E" Manager
Planning and Environmental Branch

HFV/plr

cc: w/attachment
Mr, Ernest Jahnke, Corps of Engineers, Wilmington Field Office
Mr, Ron Sechler, NMFS, Beaufort
Mr, John Dorney, NCDEHNR, Division of Water Quality
Mr, John Hefner, USFWS, Raleigh
Mr. Frank McBride, NCWRC, Raleigh
Mr. Michael Street, NCDEHNR, Division of Marine Fisheries
Mr, Kelly Barger, P,E, Program Development Branch
Mr, Don Morton, P.E" Highway Design Branch
Mr. A L. Hankins, P,E" Hydraulics Unit
Mr. William J. Rogers, P,E., Structure Design Unit
Mr. Tom Shearin, P.E" Roadway Design Unit
Mr, W, F, Varnedoe, P.E., Division 6 Engineer
Mr, Byron Brady, P.E., P & E Project Planning Engineer

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ROCK ElABANKMENT

FLOW

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VOLUME AND ACREAGE OF
CLASS II RIP RAP BELOW W.S.

ACREAGE= 0.005
ROCK EMBANKMENT= L1955.00 CU.YDS.

N, C. DEPT.OF TRA,NSPORTATION
DIVISION Of HIGHWAYS
ROBESON COUNTY
PROJECT: 8.1-4'61-101 (I-2;)()5B )
BRIDGE OVER LUMBER RIVER
REPLACE SOUTH BOUND LANE

SHEET OF

DEM ID:

CORPS ACTION ID:

199101921

T.I.P No.:

I-23058

NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT f):

NWP 33 and G. P. 31

PRE-CONSTRUCTION NOTIFICATION APPLICATION

FOR NATIONWIDE PERMITS THAT REQUIRE:

1) NOTIFICATION TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT

SEND THE ORIGINAL AND (1) COpy OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.

1. OWNERS NAME: NC Dept. of Transportation; Planning & Environmental Branch

2. MAILING ADDRESS:

Post Office Box 25201

SUBDIVISION NAME:

CITY:

Raleigh

STATE:

NC

ZIP CODE:

27611

PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE):

3. TELEPHONE NUMBER (HOME):

(WORK):

[phone]
\

4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:

H. Franklin Vick, P.E., Manager

5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COpy OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Robeson NEAREST TOWN OR CITY: Lumberton

1

SPECIFIC LOCATION (INCLUDE ROAD

NUMBERS, LANDMARKS, ETC.):

1-95 from the southern Lumberton Corporate

limits to US 301/SR 1997 Interchanqe and Wideninq of the southbound Lumber

River bridqe.

6. IMPACTED OR NEAREST STREAM/RIVER:

Lumber River

RIVER BASIN:

Lumber

7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA),
HIGH QUALITY WATERS (HQW) , OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY
(WS-I OR WS-II)? YES [x] NO [] IF YES, EXPLAIN:

Best usaqe Classification is C SW HQW [index no. 14-(4.5)1

.." /
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CON~ERN (AEC)? YES [ NO [x]

7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST
OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? N/A

8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [x] NO [] IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): Action ID No. 199101921; NWP 23 issued on

8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO [x] IF YES, DESCRIBE ANTICIPATED WORK:

2

9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:

9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
0.17 acre

lOa. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:

FILLING:

0.17 acre

EXCAVATION:

FLOODING:

OTHER:

DRAINAGE:

TOTAL ACRES TO BE IMPACTED:

0.17 acre

lab. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):

N/A

FT

AFTER:

FT

LENGTH BEFORE:

WIDTH BEFORE,_(ba~ed on normal high water contours):

FT

WIDTH AFTER:

FT

AVERAGE DEPTH BEFORE:

FT

AFTER:

FT

(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) N/A

OPEN CHANNEL RELOCATION:

PLACEMENT OF PIPE IN CHANNEL:

CHANNEL EXCAVATION:

CONSTRUCTION OF A DAM/FLOODING:

OTHER:

11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N/A
WHAT IS THE EXPECTED POND SURFACE AREA?

12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY):

See attached drawinqs

3

13. PURPOSE OF PROPOSED WORK:

Public Transportation

14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT
IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):

Upqradinq existinq structure

/

15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS)
AND/OR NATIo.NAL,MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET)
REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING
ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT
MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: See cover letter
(ATTACH RESPONSES FROM THESE AGENCIES.)

16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: See cover letter

17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR'THE USE OF
PUBLIC (STATE) LAND?

YES [x] NO [] (IF NO, GO TO 18)

a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?

YES [x] NO []

b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?

YES [x] NO []

See CE document submitted April 1991

4

IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.

QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLINA
27603-8003, TELEPHONE [phone].

18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO
WETLANDS:

a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE ?ERMIT NUMBERS 14, 18, 21, 26, 29,
AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE
SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH
EQUALS 100 FEET OR THEIR EQUIVALENT.
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. ATTACH A COpy OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Rural

f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
\

N/A

g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.

NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL
MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS
CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM.

5

. . ' "

dI

(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))

J/ItJ r;
/ ~ATE

6

NCDOT/P&E BRANCH

Fax:[phone]

Mar 10 '97 12:50

P.02

STATE OF NORTH CAROLINA

DEPARTMENT OF TRANSPORTATION

JAMES {\, HUNT JR. DIVISION OFHIGHWAYS GAIUAND B. GARRm JIt
GOVERNOR P.O. 8O)(2S201, RALEIGH, N.C. 27611-5201 SECRETARY

Mar<:h 12, 1997

U. S, Army Corps of Engineers
Regulatory Field Office
P. 0, Box 1890
Wilmington. North Carolina 28402-1890

/

A TIN,: Mr, CtiffWinefordner
Chief. South Section

Dear .~: I

SUBJECT: Robeson County, Improvements to 1-95 from the Southern Lumberton
Corporate Limits to US 301/SR 1991 Interchange and Widening of the
Southbound Lumber River Bridge. Federal Project No, IR.95-1 (45)0,
State Project No. 8,1461401. TJ,P, No. 1.2305B, Action I.O, 199101921.

The proposed project involves construction of a new southbound acceleration ramp from
the SR 1636 interchange to the Lumber River and widening of the southbound Lumber
River Bridge, A Categorical Exclusion document was submitted to the Corps of Engineers
in 1991, On May 3, 1991 the DOA concurred authorizing the work ill accordance with
Nationwide Permit 23 (33 CFR 330.5(a)(23). It is our understanding that the NW 23
permit has expired and is no.1onger valid. OJ' April 26, 1993 the FHW A approved a
SectiOfl 4(f) evaluation, Jurisdictional wetlands were delineated in 1995 and ] 996, a.nd
threatened afld endangered species addressed in 1995 and 1997. The NCDOT hereby
applies for a General Permit 31 for the construction ofthe bridge and a Nationwide permit
33 for construction of a temporary construction access causeway in the Lumber River.

The NCDOT has attempted. to avoid and lJ1iniJnize. wetland impacts during the design of
the projeCt, Encroachment into jurisdictional wetlands and surfa!;!; waters as a result of
prqject construction is unavoidable in order to ll~hicvc the purpose And need of this
project, Impacts on wctland$ will be minimized tbro\.1gh best management practices
during project construction. The Erosion and Sedimentation Control Plan established by
th~ Division of Highways in cooperation with the North Carolina Department of
Environment, Health. and Natural Resources will be followed during construction to

*

NCDOT/P&E BRANCH

Fax:[phone]

Mar 10 '97 12:50

P.03

2

minimize turbidity levels. Design Standards in Sensitive Watersheds in the Sedimentation
Control Guidelines (Title lSA 48,0024) will be implemented due to the proximity of High
Quality Waters,

Wetland Delineations: On April I I. 1995 jurisdictional wetlands associated with the
project were delineated by NCDOT with total impacts equaling 0.07 hectares (0.17 acres).
Two areas were delineated: one on the north side ofthe river at statioll 243 to 247+50
impacting 0.02 hectares (0,06 acres), and one on the south side at station 235 to 241
impacting 0,04 hectares (0,11 acres). Both wetlands were characterized as cypress/gum
swamp forest with DEM ratings of92.

Fed.erallv Protected Species: According to the U.S. Fish and Wildlife Service (FWS) two
federally protected species. the red-~ockaded'woodpecker and MichauK's sumac are
known to occur in Robeson County, Biological conclusions of No Effect were issued for
these species on March 20. 1995 and January 10, 1997,

In-Water Coos,ru<:tion MorQ.torium: The subject project is located near project U-2416
that includes the replacement of Bridge No. 43 o'ver the Lumber River, NCDOT Project
U-2416 was authorized April 11, 1996 by General Permit 31 (Action I.D. 199501472),
Both projects involve construction of bridge !I; across the Lumber River in Lumberton,
lmpac~ in jurisdictional wetlands and surface waters are similar. The Section 401 Water
Quality Certification granted by the DWQ for U-2416 requires an in-water construction
moratorium from March 15 through June IS due to the presence of anadromous fish, In
addition, the NC Wildlife Resources Commission suppons the March 15 to June 15
moratorium. Therefore. the NCDOT assumes that the constructioo moratorium for the
subject project will also extend from March IS to June 1 S.

Nationwide Permit 31

In .addition to this request for a General Permit 3 t, the NCDOT also requests a Nationwide
Permit 33 for the construction of a temporary causeway in the Lumber River, The new
bridge cannot be constructed without the placement of the temporary causeway to provide
construction access to the'bents located on the northern side of [he river. ConstrUction of
the proposed causeway is depicted in the attached drawings (Sheets 1 to 4),

The causeway construction wUl require the .placement of 4966 cubic yards of Class II rip
rap that will result in a footprint ofO,QO.5 acres of temporary fill in Waters of the United
States. Following construCtion, all causeway material will be removed, The causeway will
be in place for approximately 3,:; years. The temporary fill area will subsequently be
restored to its original contour and rough surface tel<ture. The temporary impact area is
expected to recover naturally, Since the ,affected area is below the ordinary water surface
the NCOOT docs not propose any additional planting.

NCDOT/P&E BRANCH

Fax:[phone]

Mar 10 '97 12:51

P.04

3

It is anticipated that the above mentioned activities will be authorized under Section 404
Nationwide Permit 33 (Temporary Construction Access and Dewatering). We are,
therefore, requesting the issuance of a nationwide permit authorizing construction of the
causeway, By copy of this letter, it is also requested that the appropriate General Water
Quality Certification be issued by the North Carolina Division Water Quality.

By ,copy of this letters we are also requesting comments from the V,S, fish and Wildlife
Service and the National Marine Fisheries Service regarding the presence of any federally
listed or proposed threatened or endangered species or critical habitat.

Enclosed please tind project drawings (Sheets 1 to 4), a site map and preconstruct ion
notitication fonn, If you have any questions or need additional information, please call
Ms, Alice N, Gordon at 733-7844, c"-t. 307.

fl .;jJ

H, Franklin Vick, P.E., Manager
Planning and Environmental Branch

HFVipir

cc: w/attachment
Mr, Emes~ Jahnke. Corps of Engineers, Wilmington Field Office
Mr, Ron Sechler. NMFS, Beaufort
Mr, John Dorney, NCDEHNR. Division of Water Quality
Mr, John Herner, USFWS, Raleigh
Mr. Frank McBride. NC\\TRC, Raleigh
Mr. Michael Street, NCDEHNR. Division of Marine Fisheries
Mr. Kelly-Barger, P,E, Program Development Branch
Mr, Don Morton, P,E" Highway Deslgn Branch
Mr, A. L, Hankins. P.E" Hydraulics Unit
Mr. William J. Rogers. P,E., StructUre Design Unit
Mr, Tom Shearin, P.E., Roadway Design Unit
Mr. W. F. Vamedoe, P,,E,, Division tS Engineer
Mr. Byron Brady, P.E., P & E Project Planning Engineer

NCDOT/P&E BRANCH

Fax:[phone]

Mar 10 '97

12:51

P.05

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DIVISION OF HIGHWAYS
R08ESON COUNTY
PROJECT: 8.HC;HOl (!-2Z0SB )
'BRl00E OVER L UlvIBER RIVER
R.EPL.~CE SOUTH BOUND LAN:e

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Mar 10 '97 12:52

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Fax:[phone]

Mar 10 '97 12:52

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NCDOT/P&E BRANCH

Fax:[phone]

Mar 10 '97 12:52 P.08

DETAIL OF C..l.~USlEW rA. Y

N,W.S, EL=t09.5

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(NOT TO SCALE )

VOLUME AND ACREAGE OF
CLASS II RIP RAP BELOW W.S.

ACREAGE~ 0.005
ROCK EMBANKMENT= 4966.00 CU. YDS.

N. C, DEPT. OF TRANSPORTATION
DIVISION OF HIGHWAYS
ROBESON COUNTY
PROJECT: 8.14(,1-401 (I-25()SB)
BRIDGE OVER L tTj\UlER RIVER
REPLACE SOUTH BOUND LANE

SHEET OF

NCDOT/P&E BRANCH

Fax:[phone]

Mar 10 '97 12:52

P.09

oEM ID;

CORPS ACTION 10:

199101921

~.I.P No.: I-~305B

NRTIONWIDB PERMIT REQUESTKD (P~VID~ NATIONWIDE 'PEnMIT f): NWP 33 and G. P. 31

PRB-CONS~~UC~%ON NO~XFXCATXON APPLICAT~ON

FOR NATIONWIDE PERMITS THAT REQUIRE.

1) KO'fIJP'ICA'lIOK 1.'0 TIIl!I: C01U"5 ot BHGINBJmS
2) UPUCATIaI W'Oll sxcrIOII 401 CZKrI'PlCATIOlf
3) OQORDlltA'.rIOR W1m TUB NC DIVISION OF COASTAL ~

SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO ~HE APPROPRIATE
VIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.

.'

/

1. OWNERS NAME: NC Dept. of Transp~rtation; Planning , En~lronmental B~~n~h

2. MAILING AQDRESS;
" I

Post Office Box 25201

SUBDIVISION NAME:

CITY:

Raleigh

5'l'ATE;

Ne

ZIP CODE:

27611

PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MA!LING ADDRESS ABOVE):

3. TELEPHONE NUMBER (HOMEl:

(WORK) :

(919l 733-3141

4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHoNE NUMBER;

H. Franklin Vick, P.E., Manaqer

5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COpy OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Robeson NEAREST TOWN OR CITY; L\1I\\l:Ierton

1

NCDOT/P&E BRANCH

Fax:[phone]

Mar 10 '97 12:53

P. 10

5PECIF1C LOCATION (INCLUDE ROAD

NUMBERS, LANDMARKS. ETC.):

1-95 from the southern Lumbert'on Corporate

limits to US 301/SR 1997 Interchange and Widening of the southbounct Lumner

(Uver br1dQe.

6. IM~ACTED OR N~AREST STaeAM/RIVER;

Lumber IUver

RIVER BASIN:

Lumber

7a. IS PROJECT LOCATED NEAR WATER CLASSIPIED AS TROUT, TIDAL SALTWATER (SA),
HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY
(WS-I OR WS-II)? YES [x) NO [] IF YES, EXPLAIN:

Best usaqe Classification is C Sw HQW [index no. 14-{4.5)]

.../ I
7b. IS THE PROJECT LOCATED WITHIN A NORTH cAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CON~ERN (AEC)? YES [ ] NO [x]

7C. IF THE PROJ!CT IS LOCATED WITHIN A COASTAL coUNTY (SEE PAGe 7 FOR LIST
OF COASTAL COUNTIES), WHAT IS THE LAND USR PLAN (LUP) DESIGNATION? N/A

8e. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [x] NO {] IF YES, PROVIDE ACTION 1.0. NUMB~R OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION): Action 10 NO. 199101921; NWP 23 issued on

9b. ARt ADDITIONAL PERMIT REQUESTS eXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ J NO [x] IF lES, DESCRIBE ANTICIPATED WORK:

2

NCDOT/P&E BRANCH

Fax:[phone]

Mar 10 '97 12:53

P.ll

9a. ESTIMATED TOTAL NUMaER OF ACRES IN TRACT OF LAND:

9b. ESTIMATED TOTAL NUMBER OF ~CRES OF W~TLANDS LOCATED ON PRO~gCT SITE:
0.17 acre

lOa. NUMBER OF ACRES OF WETLANDS IMPACT~D BY THE PROPOSED PROJECT BY;

FILLINC:

0.17 acre

EXCAVATION:

FLOODING:

OTHER:

DRAINAGE:

TOTAL ACRES TO BE IMPACTSD:

o . 1 7 acre

lOb. (1) STREAM CrtANNEL TO B! IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND" AFTER RELOCATION):
..

N/A

~T

_AFTER:

FT

LENGTH BEFORE:

WIDTH BEFORE .J.bCl~.ed on normal high water contours):

FT

WIDTH AFTER:

FT

AVERAGE OEP~H BEFORE!

FT AFTER:

FT

. (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) N/A

OPEN CHANNEL RELOCATION:

PLACEMENT OF PIPE IN CHANNEL:

GHANNEL EXCAVATION:

CONSTRUCTION OF A DAM/FLOODING:

OTHER:

11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO ~aE POND? N/A
WHAT IS THE EXPECTED POND SURFACE. AREA?

12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY):

S~e attached drawings

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13. PURPOSE OF PROPOSED WORK:

Public Transportation

14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT
IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):

upqradinq existing structure

J
.'

15. YOU ARE REQUIRED TO CONTACT 1HE U.S. FISH AND WILDLIFE SERVICE (USFWS)
AND/OR NATIOpAL.MARINt FISHERI~S SlRVICE (NMFS) (SEg AGENCY ADDRESSES SHEET)
R~GARDINC THE PRES~NCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING
ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT
MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: See cover l~tter
(ATTACH RESPONSES FROM THXSE AGENCIES.)

16. ~OU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION O~FICER
(SapO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA W~ICH MAY BE AfFECTED BY TaE PROPOSED PROJECT.
DATE CONTACTEO: See cover letter

17. DOES THE PROJECT INVOLvt AN EXPENDITURE. OF PU5~lC FUNDS OR'THE USE OF
PUBLIC (STATE) LAND?

YES [x] NO [] (IF NO, GO'TO 18)

a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUlREMEWfS or THE NORTH CAROLINA ENVIRONMENTAL
POLICY AC;:T?

'lES [xl NO []

b. IF YES, HAS TH~ DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLeARINGHOUSE?

YES [xl NO [] See c~ document submitted April 1991

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IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUM~NTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEM!NT REGARDING
COMPLIANCE WITH THE NORTa CAROLINA ENVIRONMENTAL POLICY ACT.

QUESTIONS REGARDING T~E STATE CL!ARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH CAROLINA
DEPARTMENT OF ADMrNISTRA~ION, 116 WEST JONES STREET, RALEIGH, NORTH CAROLtNA
27603-8003, TELEPHONE [phone].

18. THE FOLLOWING ITEMS SHOULD B~ INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO
WETLANDS:

a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND POND5 ON THE PROPERTY (FOR NATIONWIDE/PERMIT NUMB~RS 14, 18, 21, 26, 29,
AND 38). ALL STREAMS (IN1'ERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE
SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH
EQUALS 100 FEET OR THEIR EQUIVALENT.
. b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF wETLANDS TO BE
IMPACTED BY ~aOJECT.
c. IF DELiNEATION ~AS PENFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COpy OF THE STORMWATER MANAGEMEWT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY7 Rur~l

t. IF APPLICABLE, wHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
N/A

q. SIGNED AND DA'l'ED AGEN'l' AUTHORIZA1'ION LETTER,. IF APPLICABLE.

NOTE: WETLANDS OR WATERS OF THE U. S. ,MAY NOT BE IMPACTED PRlOR TO;
---- 1) ISSUANCE OF A,SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER.THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL
MANAG~ENT (WATER QUALITY) CEllTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTX'ES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS
CONSISTENT WITH THE NORTH CAROLINA COA.5TAL MANAGEMENT PP.OGRAM.

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(AGENT'S SIGNATURE VALID ONLY
I~ AUTHORIZ~TION LETTER'FROM
THE OWNER IS PROVIDED (18g.))

./' I

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/ TE

,/

/

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.

STATE OF NOR.TH CAROLINA
DEPARTMENT OF TRANSPORTATION
JAMES B, HU~lT JR. DIVISION OF HIGHWAYS GARLAND B, GA~RETT JR.
GOVEIl.NOIl P,O. BOX 25201. IW..t:IGli, N,C. 27611-5201 SEc.;RI;I'4.IlV

PLANNING & ENVIRONMENTAL BRANCH
FAX COVER SHEET

Date: /11 {V't c4

/0/ 1'1'97

(

'73.3 - ??S-r

Number You Are Calling:

Please deliver the followmg pages to:

Name: CI/rld:- . g-e ff
/
J:>u/t;f'

Depcrrtment and/or Firm:

Addres$ 0,. Room Number:

ni$ T~l?copy Is beiJlg sent by:

Name: /f;;u ~r~r7
Phone Number: 7'7' - 7f''/f/ K?07

Remarks:

Number o/pages (Including Cover Sheet) -&-

IF YOU DO NOT RECEWE ALL PAGES CLEARL,Y, CALL (919) 73J-J141 AS
SOON AS POSSIBLE.
PLANN1NG & ENVIRONMENTAL BRANCH FAX NUMBER. [phone]

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