HomeMy WebLinkAbout19990872 Ver 1_COMPLETE FILE_19990803 (2)Michael F. Easley, Governor
William G. Ross Jr., secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
- Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
Wetlands/401 Unit
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: 919-733-1786
Fax #: 919-733-6893
To: w4
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ber of pages including cover .sheet:
s or special instructions:
Fax #: G1b 0S
Date:
;ion
of water Quality, 401 Wetlands Certification Unit,
Service Center, Raleigh, NC 27699-1650 (Mailing Address)
ree Blvd., Raleigh,.NC 27604-2260 (Location)
1786 (phone), 919-733-6893 (fax). (htto://h2o.enr.state.nc.us/ncwedands
DR. J.H. CARTER III & ASSOCIATES, INC.
Environmental Consultants
P.O. Box 891 • Southern Pines, N.C. 28388
(910) 695-1043 • Fax (910) 695-3317
4 January 2002
W-6 (1 1 WC
Mr. Troy Beasley
Regulatory Specialist
U.S. Army Corps of Engineers
Wilmington District
P.O. Box 1890
Wilmington, N.C. 28402-1890
Dear Troy:
This letter is in reference to wetland mitigation being conducted to offset unavoidable
impacts to jurisdictional wetlands associated with the construction of the new Town of Fairmont
wastewater plant (Action ID # 199801874, Permit # 199801874). The approved wetland
mitigation plan had 3 major provisions. Provision #1 pertained to the restoration of 0.39 acre of
jurisdictional wetland on the Lumber River State Park by removing an old roadbed. The roadbed
removal has been completed (planting is scheduled for later in the winter). The spoil was placed
in a canal at the plant construction site as previously agreed with Scott McLendon. Provision # 2
(payment to the NC Wetlands restoration Program) was accomplished January 2001. Land
clearing for provision # 3 is still being negotiated.
Please call me with any questions.
Si e ely,
Dr. J.H. Carter III
Environmental Consultant
cc: Mr. Ben Hill, Town of Fairmont
Mr. Bill Lester, HUA
Mr. John Dorney, NCDWQ
Mr. Brian Strong, Division of Parks and Recreation
Mr. James Sessoms, Lumber River State Park
Endangered Species Surveys • Environmental Assessments • Land Management • Wetlands Mapping and Permitting
Wetland Mitigation Plan
Town of Fairmont
Wastewater Treatment Plant
Robeson County, N.C
The Town of Fairmont is building a new wastewater treatment facility near
Omura, Robeson County, North Carolina, that will discharge into the Lumber River
adjacent to the U.S. Highway 74 bridge. The Town has received authorization to impact
3.0 acres of jurisdictional wetlands from the U.S. Army Corps of Engineers (ACOE)
(Permit No. 199801874) and the N.C. Division of Water Quality (NC DWQ)
(Certification No. 3283). This mitigation plan is being prepared to fulfill requirements in
these 2 authorizations.
Although 3 acres of jurisdictional impacts have been authorized, only 2.71 ac.
will be impacted. Of this amount, 0.744 ac is within existing cleared right-of-ways,
0.0475 ac is new right-of-way, 1.05 ac is for an access road, 0.85 ac is for the plant site
and 0.016 ac is for the discharge pipe. Only 1.97 ac will be permanently impacted by this
project. Existing hydrology will be negatively impacted on only 1.90 ac.
The Town proposes to mitigate these impacts through a combination of wetland
restoration, creation and enhancement.
1. The Town will remove an existing 0.39 ac roadbed fill within the floodplain
of the Lumber River on the Big McQueen Tract of the Lumber River State
Park. The fill will be removed to the grade of the floodplain and the site will
be planted with bald cypress (Taxodium distichum) and water tupelo (Nyssa
aquatica) at l Ox 10 ft. spacings. Since the site is only a linear strip
approximately 20 ft. wide within a mature forest, no formal monitoring plots
are proposed. The plantings will be monitored for survival for 5 years and
additional saplings will be planted if survival falls below 80 percent.
2. The Town will fund restoration of 1.6 acres of riparian wetland in the Lumber
River Basin by payment of $38,400.00 to the North Carolina Wetlands
Restoration Program.
3. The Town will enhance existing jurisdictional wetlands on the Lumber River
State Park (Big McQueen Tract) by clearing approximately 9.0 acres of young
loblolly pines growing on hydric soils and replanting the site with appropriate
swamp species such as bald cypress, water tupelo, swamp blackgum (Nyssa
biflora) and/ or willow oak (Quercus phellos) on 10x10 ft. spacings. Nine
I Ox 10 meter plots will be established in the creation area. The I Ox 10 meter
plots will be monitored each September for tree and shrub presence/ survival.
The success criteria will be at least 260 planted tree,,-, per acre PA least 5 years
old at the end of the 5 year monitoring period. If survival falls below 260
trees per acre, supplemental plantings will be made and the monitoring period
extended. In the event of catastrophic failure or if the enhancement site
proves to be unable to meet the enhancement success criteria, the Town will
meet this mitigation requirement by funding an additional 1.6 acres of
mitigation through the N.C. Wetlands Restoration Program (WRP) for a total
of 3.2 acres (this amount has been approved by the WRP). Results will be
reported annually (by 31 January) to the NC DWQ and the ACOE.
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. Ben Hill
Town of Fairmont
Post Office Box 248
Fairmont, North Carolina, 28340
Dear Mr. Hill:
1 •
A 2
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 18, 2000
Re: Town of Fairmont Wastewater Treatment Plant and Access Road, Robeson County
DWQ No. 99-0872
Attached hereto is a copy of Certification No. 3283 issued to the Town of Fairmont, care of
Mr. Ben Hill, dated April 18, 2000.
If we can be of further assistance, do not hesitate to contact us.
Sincerely:
Kerr T. Stevens
Attachments
990872
cc: Scott McLendon, Corps of Engineers, Wilmington Regulatory Field Office
Ken Averitte, DWQ, Fayetteville Regional Office
John Dorney, DWQ
Central Files
Bill Lester, 290 S.W. Broad Street, PO Box 1737, Southern Pines, NC, 28388
Jay Carter, PO Box 891, Southern Pines, NC, 28388
Division of Water Quality • 401 /Wetlands Unit
1621 Mail Service Center, Raleigh, NC 27699-1621 Telephone 919-733-1786 FAX # 919-733-9959
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
v
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 the Town of Fairmont,
care of Mr. Ben Hill, resulting in 3.0 acres of wetland fill adjacent to Flowers Swamp, Hog
Swamp, and the Lumber River pursuant to an application filed on the 3rd day of August of 1999
to construct an access road, wastewater treatment plant, 11 miles of sanitary sewer force main,
and a discharge outlet into the Lumber River in Robeson County.
The application provides adequate assurance that the discharge of fill material into Flowers
Swamp, Hog Swamp and the Lumber River in conjunction with the proposed activities 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 and as described in the Public Notice. 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 future,
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.
In accordance with 15A NCAC 211.0506 (h) compensatory mitigation is required for
3.00 acres of wetland impacts as specified within the 404 Permit conditions. In
accordance with 15A NCAC 2H.0506(h)(6), the mitigation plan must include at least
1:1 restoration or creation to compensate for wetland impacts. Wetland mitigation shall
be implemented in accordance with a wetland mitigation plan to be provided by the
applicant and approved by DWQ within 60 days of the date of this 401 Certification.
Construction of the wetland mitigation site(s) shall be implemented as soon as possible,
recognizing seasonal constraints associated with planting schedules. An as-built report
is due to DWQ upon completion of the wetland mitigation area. The monitoring
protocol for the wetland mitigation area shall be in accordance with the Corps of
Engineers' requirements for this site. DWQ shall be copied on all wetland mitigation
monitoring reports. Monitoring can only be ended after five years (following
construction) if the creation effort is successful
M
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.
5. DWQ shall be copied on a final design plan clearly illustrating the location of all
wetland impact areas associated with this project, including the access road. The width
of the access road should be minimized to the maximum extent practical, allowing only
a single major travel lane necessary for maintenance equipment and a passing lane.
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.
276 1 1-7447. If modifications are made to an original Certification, you have the right to an
fdjudicatory 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 18th day of April 2000
DIVISION OF WATER QUALITY
130ev
Kerr T. Stevens
WQC # 3283 ?
DWQ NCWRP 919 733 5321 b2/02 101 10:01 N0.586 02/02
Phone: (910) 628-9766
January 10, 2001
TOW N OF F.A.?P- MONT
421 South Main Street • Box 248
Fairmont, NC 283
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Email. fairmont0c tr
olin
Mr. Steve Kroeger
NCDENR
Division of Water Quality
Wetlands/401 Unit
1621 Mail Service Center
Raleigh, NC 27669-1621
Re: Wetlands Nfitigation Plan, Town of Fairmont,
Dear Steve_
Treatment Plant
Fax: (910) 628-6026
Reference the enclosed letter from Dar. J.H. Carter III d Associates, Inc., I aw sending a
check for $38,400 as payment to the Wetlands Restoration Progmm as requested by Dr.
Carter.
If any further information is needed, please give me a
Sincerely,
r
Ben M
Town Manager
jhl
cc: Mr. Bill Lester, Hobbs, Upchurch and Associates
Mc. Scott McLendon, Army Corp of Engineers
Dr. J. K Carter III & Associates, Inc.
'1
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Jaynes B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
• •
AO *4
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES `
December 5, 2000
Dr. J.H. Carter, III
Dr. J.H. Carter, II and Assoc. Inc.
P.O. Box 891
Southern Pines, NC 28388
Subject: Wetland Mitigation Plan, Town of Fairmont, Wastewater Treatment Plant
Dear Dr. Carter:
We have received your wetland mitigation plan for the Town of Fairmont's
Wastewater Treatment Plant (DWQ Project #99-0872). The plan addresses the major
items (vegetation, soils, hydrology) we review in compensatory wetland mitigation plans;
however before your plan can be approved., additional details are needed as outlined
below.
Overall the plan could be improved by providing a brief description of the project
requiring compensatory mitigation. Personnel reviewing the mitigation plan may not be
the same as those who reviewed the application for the Section 404 permit and the
Section 401 water quality certification. The mitigation plan must provide the exact size
(acres) of impacted wetland since the area of created or restored wetland is based on the
amount of wetlands impacted. Thus, both the area of impacted wetlands and the area
proposed for wetland creation (or restoration) are necessary. Mitigation credit cannot be
provided for project areas that do not develop into jurisdictional wetlands.
One portion of your plan proposes to remove 0.39 acres of road bed fill within the
floodplain of the Lumber River and planted with bald cypress and water tupelo. I believe
providing some details on the hydrology, vegetation and soils of the adjacent wetland can
strengthen this portion of the monitoring plan. You clearly state that plantings will be
monitored for survival, but do not provide any details. Even though this site is a linear
strip approximately 20 feet wide, the total area is significant (0.39 acres). Some formal
monitoring of hydrology and vegetation is required. The adjacent wetland should serve
as a reference area.
Wetlands/401 Unit
1621 Mail Service Center Raleigh NC 27669-1621
Telephone 919-733-1786 • FAX 919-733-9959
An Equal Opportunity Affirmative Action Employer
50% recycled/ 10% post-consumer paper
Wetland Mitigation Plan
Town of Fairmont
Wastewater Treatment Plant
Robeson County, N.C
The Town of Fairmont is building a new wastewater treatment facility near
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Orrum, Robeson County, North Carolina, that will discharge into the Lumber River
adjacent to the U.S. Highway 74 bridge. The Town has received authorization to impact
3.0 acres of jurisdictional wetlands from the U.S. Army Corps of Engineers (ACOE)
(Permit No. 199801874) and the N.C. Division of Water Quality (NC DWQ)
(Certification No. 3283). This mitigation plan is being prepared to fulfill requirements in
these 2 authorizations.
l d this amount, 0.744 ac s within eXist M, cleave `'fight f ay
1
' ew ight of way, 1.05 ac is foran,acccLss wad, 0.85 ac is- forthtex
am . *?V' s-for the`discharge pipe. Only1 97 ac will be permanently imparted by this
p - ft -A be negatively,' -- acted on only 1.90 a!).4
The Town proposes to mitigate these impacts through a combination of wetland
restoration, cre I n and enhancement.
1. The Town will remove an existing 0.39 ac road bed fill within the floodplain
of the Lumber River on the Big McQueen Tract of the Lumber River State
w
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Park. The fill will be removed to the grade of the floodplain and the site will
be planted with bald cypress (Taxodium distichum) and water tupelo (Nyssa
aquatica) at l Ox 10 ft. spacings. Since the site is only a linear strip
approximately 20 ft. wide within a mature forest, no formal monitoring plots
are proposed. o?ed. The plantings will be monitored for survival for 5 years and
additional saplings will be planted if survival falls below 80 percent.
2. The Town will fund restoration of 1.6 acres of riparian wetland in the Lumber
River Basin by payment of $38,400.00 to the North Carolina Wetlands
Restoration Program.
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3. The Town will enhance existing jurisdictional wetlands on the Lumber River
State Park (Big McQueen Tract) by clearing approximately 8.0 acres of young
loblolly pines growing on hydric soils and replanting the site with appropriate
swamp species such as bald cypress, water tupelo, swamp blackgum (Nyssa
biflora) and/or willow oak (Quercus phellos) on 10x10 ft. spacings. Eight
j 10x10 meter plots will be established in the creation area. The 10x10 meter
r
plots will be monitored each September for tree and shrub presence/ survival.
Monitoring will continue for 5 years and results will be reported annually (by
31 January) to the NC DWQ and the ACOE.
Map created 11/10/00
1 inch = 564 feel
Figure 1. Proposed mitigation site at Lumber River State Park, Robeson County, NC.
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' PROPOSED MITIGATION
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STATE PARK, ROBESON
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` 10 NOVEMBER 2000
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7a-}?¦ a- _ / TREATMENT PLANT
Wetland Mitigation Plan
Town of Fairmont
Wastewater Treatment Plant
Robeson County, N.C
NOV28
The Town of Fairmont is building a new wastewater treatment facility near
Orrum, Robeson County, North Carolina, that will discharge into the Lumber River
adjacent to the U.S. Highway 74 bridge. The Town has received authorization to impact
3.0 acres of jurisdictional wetlands from the U.S. Army Corps of Engineers (ACOE)
(Permit No. 199801874) and t he N.C. Division of Water Quality (NC DWQ)
(Certification No. 3283). This mitigation plan is being prepared to fulfill requirements in
these 2 authorizations.
Although 3 acres of jurisdictional impacts have been authorized, only 2.71 ac.
will be impacted. Of this amount, 0.744 ac is within existing cleared right-of-ways,
0.0475 ac is new right-of-way, 1.05 ac is for an access road, 0.85 ac is for the plant site
and 0.016 ac is for the discharge pipe. Only 1.97 ac will be permanently impacted by this
project. Existing hydrology will be negatively impacted on only 1.90 ac.
The Town proposes to mitigate these impacts through a combination of wetland
restoration, creation and enhancement.
1. The Town will remove an existing 0.39 ac road bed fill within the floodplain
of the Lumber River on the Big McQueen Tract of the Lumber River State
Park. The fill will be removed to the grade of the floodplain and the site will
be planted with bald cypress (Taxodium distichum) and water tupelo (tVyssa
aquatica) at 10x10 ft. spacings. Since the site is only a linear strip
approximately 20 ft. wide within a mature forest, no formal monitoring plots
are proposed. The plantings will be monitored for survival for 5 years and
additional saplings will be planted if survival falls below 80 percent.
2. The Town will fund restoration of 1.6 acres of riparian wetland in the Lumber
River Basin by payment of $38,400.00 to the North Carolina Wetlands
Restoration Program.
3. The Town will enhance existing jurisdictional wetlands on the Lumber River
State Park (Big McQueen Tract) by clearing approximately 9.0 acres of young
loblolly pines growing on hydric soils and replanting the site with appropriate
swamp species such as bald cypress, water tupelo, swamp blackgum (Nyssa
biflora) and/ or willow oak (Quercus phellos) on 10x10 ft. spacings. Nine
10x10 meter plots will be established in the creation area. The 10x10 meter
plots will be monitored each September for tree and shrub presence/ survival.
The success criteria will be at least 260 planted trees per acre at least 5 years
old at the end of the 5 year monitoring period. If survival falls below 260
trees per acre, supplemental plantings will be made and the. monitoring period
extended. In the event of catastrophic failure or if the enhancement site
proves to be unable to meet the enhancement success criteria, the Town will
meet this mitigation requirement by funding an additional 1.6 acres of
mitigation through the N.C. Wetlands Restoration Program (WRP) for a total
of 3.2 acres (this amount has been approved by the WRP). Results will be
reported annually (by 31 January) to the NC DWQ and the ACOE.
Map created 11/10/00
1 indi = 564 feet
Figure 1. Proposed mitigation site at Lumber River State Park, Robeson County, NC.
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PROPOSED MITIGATION
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M . ` M A F'o ,?. / SITE AT LUMBER RIVER
STATE PARK, ROBESON
CouNTY, N.C.
10 NOVEMBER 2000
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?. ?, .. ? -., .? • :.. • FAIRMONT WASTEWATER
J4"22•v7 ?00_ ! TREATMENT PLANT
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
R.
.-HU NIT ?RNOR
BILL HOLMAN? ,
SECRETARY
KERR TSTEVENS
ui rte= ?.'.?
October 27, 2000
Dr. J. H. Carter, III
Dr. J. H. Carter, III and Assoc. Inc.
Post Office Box 891
Southern Pines, North Carolina 28388
E
Dear Dr. Carter:
Subject: Project Name: Town of Fairmont
DWQ#: g7 oS72--
County: Robeson
The purpose of this letter is to notify you that the North Carolina Wetlands
Restoration Program (NCWRP) will accept payment for wetland impacts associated
with the subject project in accordance with the Memorandum of Understanding
between the North Carolina Department of Environment and Natural Resources and
the U.S. Army Corps of Engineers dated November 4, 1998. Based on information
supplied by you in a letter dated October 13, 2000, an application requesting
authorization to impact 1.6 acres of wetlands has been submitted for the subject
project. The NCWRP will provide mitigation as specified in the 401 Water Quality
Certification and/or Section 404 permit (up to 3.2 acres of wetlands restoration) for
impacts associated with the subject project in Cataloging Unit 03040203 of the
Lumber River basin.
If you have any questions or need additional information, please contact
Crystal Braswell at (919) 733-5208.
Sincerely,
Ronald E. Ferrell,
Program Manager
REF/cvb
cc: `-Rob=Ridings, Wetlands/401 Unit
Scott McLendon, USACOE
Ken Averitte, DWQ-FRO
file
f.?
WETLANDS RESTORATION PROGRAM
1619 MAIL SERVICE CENTER, RALEIGH, NC 27699-1619
website: h2o.en r. state. nc.us PHONE 919-733-5208 FAX 919-733-5321
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
PAYMENT DEPARTMENT OF THE ARMY
RECEIVED Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199801874
PUBLIC NOTICE
July 29, 1999
The TOWN OF FAIRMONT, C/O MR. Ben Hill, POST OFFICE BOX 248, FAIRMONT,
NORTH CAROLINA, 28340 has applied for an after-the-fact Department of the Army (DA)
permit TO PLACE FILL MATERIAL INTO APPROXIMATELY 5 ACRES OF
JURISDICTIONAL WETLANDS ADJACENT TO FLOWERS SWAMP, HOG SWAMP, AND
THE LUMBER RIVER TO CONSTRUCT AN ACCESS ROAD, WASTEWATER
TREATMENT PLANT, 11 MILES OF SANITARY SEWER FORCE MAIN, AND A
DISCHARGE OUTLET INTO THE LUMBER RIVER, NEAR ORRUM, ROBESON
COUNTY, NORTH CAROLINA.
This public notice does not imply, on the part of the Corps of Engineers or other agencies,
either favorable or unfavorable opinion of the work done; but it is issued to solicit comments
regarding the factors on which a final decision will be based. Legal action has been suspended
pending the outcome of this consideration. Work that has been completed includes construction
of a new access road through wetlands and partial clearing of the proposed treatment facility site.
BACKGROUND:
Based on toxicity testing, the Town of Fairmont agreed to go under a Special Order by
Consent (SOC) in 1994, pending resolution of their wastewater discharge violations. A
Wastewater Treatment and Disposal Engineering Alternatives Analysis for the Town of Fairmont
was completed in October 1997. This document compared several alternatives for the proposed
action including: (1) Pump waste water to the Town of Lumberton; (2) land application of
wastewater; (3) upgrade of current wastewater treatment plant (WWTP) and discharge; and (4)
construct a new wastewater treatment plant with a discharge to the Lumber River. The Town of
Fairmont has concluded, based on this analysis, that construction of a new WWTP is the most
cost feasible alternative. It is not known what wetland impacts (if any) would be associated with
any of the other alternatives considered.
The following description of the work is taken from data provided by the applicant and
from observations made during site visits by a representative of the Corps of Engineers.
-2-
The Town of Fairmont has selected a site to construct a new WWTP, access road and other
attendant features including an effluent discharge pipe into the Lumber River. The access road
has been partially constructed and the WWTP site has been cleared. Permanent impacts to
waters and wetlands associated with the proposal are as follows:
-The access road to the WWTP will impact 1:66 acres of bottomland hardwood wetlands
and will also be used by the North Carolina Division of Parks and Recreation to access a future
maintenance facility. It is not known where the maintenance facility will be constructed.
,SoZ -Construction of the WWTP will impact 2.52 acres of previously forested wetlands
-? adjacent to the Lumber River. ,`6?
-The force main will extend from the WWTP to the town of Fairmont along NC HighwayU I
130 and will impact 0.79 acres of mostly cleared wetlands adjacent to Highway 130.
-The discharge outlet will be located south of the existing boat ramp and parking lot near
US Highway 74. According to the permit drawings, the outlet will extend from the river bank
approximately 2-feet below the ordinary water line.
Wetlands to be impacted by the proposed project are dominated by a mixed overstory
containing willow oak ( uercus p hellos), sweet gum (Liquidambar styraciflua), water ash
(Fraxinus caroliniana), bald cypress (Taxodium distichum), and loblolly pine (Pinus taeda).
Wetlands adjacent to the project site are seasonally flooded with flow generally towards the
Lumber River east of the project site. According to the Robeson County soil survey, the WWTP
site is primarily underlain with Leon sand and is surrounded by Johnston Mucky Loams.
A mitigation proposal was not received with the application. Maps showing the location of
the work are included with this public notice. A copy of the complete set of plans are available
for review at the Wilmington Regulatory Field Office of the Wilmington District Corps of
Engineers, 69 Darlington Avenue, Wilmington, North Carolina, 28402.
The State of North Carolina will review this public notice to determine the need for the
applicant to obtain any required State authorization. No Department of the Army (DA) permit
will be issued until the coordinated State viewpoint on the proposal has been received and
reviewed by this agency, nor will a DA permit be issued until the North Carolina Division of
Environmental Management (NCDEM) has determined the applicability of a Water Quality
Certificate as required by PL 92-500.
This application is being considered pursuant to Section 10 of the River and Harbor Act of
1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. 1344). Any person
may request, in writing within the comment period specified in this 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.
-3-
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
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.
-4-
Generally, the decision whether to issue this Department of the Army (DA) permit will not
be made until the North Carolina Division of Environmental Management (NCDEM) issues,
denies, or waives State certification required by Section 401 of the Clean Water Act. The
NCDEM considers whether or not the proposed activity will comply with Sections 301, 302,
306, and 307 of the Clean Water Act. The application and this public notice for the Department
of the Army (DA) permit serves as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the Environmental Operations Section, North Carolina Division of Environmental
Management (NCDEM), Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies
of such materials will be furnished to any person requesting copies upon payment of
reproduction costs.
All persons desiring to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the North Carolina Division of Environmental
Management (NCDEM), 4401 Reedy Creek Road, Raleigh, North Carolina 27611-7687, on or
before August 16, 1999, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be received in
this office, Attention: Mr. Scott McLendon, until 4:15 p.m., August 20, 1999.
Location of existing and new Fairmont Wastewater Treatment Plant Upgrade and associated Force Main.
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DISTURBED WETLAND AREA J: 97 S.F.
DISTURBED WETLAND AREA K: 389 S.F.
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DISTURBED WETLAND AREA M: 290 S.F.
'DISTURBED WETLAND AREA N: 264 S.F.
DISTURBED WETLAND AREA O: 1174 S.F.
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DR. J.H. CARTER III & ASSOCIATES, INC.
Environmental Consultants
P.O. Box 891 • Southern Pines, N.C. 28388:.
(910) 695-1043 • Fax (910) 695-3317 ?
T
7 September 2000
0/ SEP
MEMORANDUM
TO: Scott McLendon, Wilmington District, ACOE
Cyndi Bell, NCDWQ
FROM: Dr. J.H. Carter III, JCA IncO J11C>
SUBJECT: Fairmont Wastewater Treatment Plant Mitigation Plan
Cc: Bill Lester, Hobbs, Upchurch & Associates
820067
Attached is a draft wetland mitigation plan for the proposed Town of Fairmont
Wastewater Treatment Plant in Robeson County, North Carolina. A final mitigation plan will be
submitted after completion of field work.
Please feel free to call with questions or comments.
l s5°eh
DRAFT
Wetland Mitigation Plan
Town of Fairmont
Wastewater Treatment Plant
Robeson County, N.C
The Town of Fairmont is building a new wastewater treatment facility near
Orrum, Robeson County, North Carolina, that will discharge into the Lumber River
adjacent to the U.S. Highway 74 bridge. The Town has received authorization to impact
3.0 acres of jurisdictional wetlands from the U.S. Army Corps of Engineers (ACOE)
(Permit No. 199801874) and the N.C. Division of Water Quality (NC DWQ)
(Certification No. 3283). This mitigation plan is being prepared to fulfill requirements in
these 2 authorizations.
Although 3 acres of jurisdictional impacts have been authorized, only 2.71 ac.
will be impacted. Of this amount, 0.744 ac is within existing cleared right-of-ways,
0.0475 ac is new right-of-way, 1.05 ac is for an access road, 0.85 ac is for the plant site
and 0.016 ac is for the discharge pipe. Only 1.97 ac will be permanently impacted by this
project. Existing hydrology will be negatively impacted on only 1.90 ac.
The Town proposes to mitigate these impacts through a combination of wetland
restoration, creation and enhancement.
1. The Town will remove an existing 0.39 ac road bed fill within the floodplain of
the Lumber River on the Big McQueen Tract of the Lumber River State Park.
The fill will be removed to the grade of the floodplain and the site will be
planted with bald cypress (Taxodium distichum) and water tupelo (Nyssa
aquatica) at 10x10 ft. spacings. Since the site is only a linear strip
approximately 20 ft. wide within a mature forest, no formal monitoring plots
are proposed. The plantings will be monitored for survival for 5 years and
additional saplings will be planted if survival falls below 80 percent.
2. Approximately 1.6 ac of wetlands will be created by grading and/ or plugging
ditches in existing loblolly pine (Pinus taeda) plantations on the Lumber River
State Park. These sites will be planted with appropriate swamp species such as
bald cypress, water tupelo, swamp blackgum (Nyssa biflora), water ash
(Fraxinus caroliniana), and/ or willow oak (Quercus phellos) on 10x10 ft.
spacings. 10x10 meter plots will be established both in the creation area and in
a nearby reference forest ecosystem. Five 1x1 meter quadrats will be
established within the larger plot. The 10x10 meter plots will be monitored
each September for tree and shrub presence/ survival and the lxl meter
quadrats will be monitored for herbaceous species diversity and cover.
Shallow groundwater electronic monitoring wells will be placed in the
reference plot and creation area(s) and data will be recorded daily. Monitoring
will continue for 5 years and results will be reported a.inually (by 31 ?anuary)
to the NC DWQ and the ACOE.
3. The Town will clear approximately 6.0 ac of young loblolly pines on hydric
soils at the Lumber River State Park and replace them with species listed in #2
above. Monitoring protocols will follow that described above except no
additional reference plot or monitoring wells are proposed. Reporting will be
as described above.
4. Previously disturbed wetlands on the plant site not covered by the jurisdictional
authorization will be returned to grade and planted with the species listed in #2
(in total or part). The plantings will be monitored for success as described
under #1.
`N ?tbrys - F.pE. y
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Creation/
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PROPOSED MITIGATION
SITE AT LUMBER RIVER
l •`s?p p?' STATE PARK, ROBESON
COUNTY, N. C.
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"4-
5 SEPTEMBER
2000
FAIRMONT WASTEWATER
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VICINITY MAP SOUTHERN PINES. NORTH CAROLINA 28387
fainnont
Subject: fairmont
Date: Mon, 10 Apr 2000 15:30:08 -0400
From: Ken Averitte <Ken. Averitte @ ncmail.net>
Organization: NC Dept. of Environment and Natural Resources
To: Cyndi Bell <Cyndi. Bell @ncmail.net>
I talked with Scott McLendon this am about Fairmont. The 404 is probably
not going to issued by the 15th, but it is in the mill. The FRO comments
should be on today, if Paul gets to them. It's very vague, but the whole
project at this time is pretty vague. Jay Carter is supposed to be
putting some mitigation proposals together. I apologize for sending in
something so "unclear", but I'm going to be gone the rest of this week
and didn't want to hold up the project any more than it already is.
1.
C-?
1 of 1 1/11100 R-16 AM
MEMORANDUM
TO: John Dorney Regional Contact: Ken Averitte
Non-Discharge Branch WO Supervisor: Paul Rawls
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Town of Fairmont County Robeson
Project Number 99 0872 County2
Recvd From COE Region Fayetteville
Received Date 8/3/99 Recvd By Region 3/27/2000
Project Type road and treatment plant
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
t` OTH O 7 O N 14-26 SW 30,751.
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N
\Aak
Is Mitigation required? 6 Y 0 N ecommendation: 0 Issue O Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) 342634 Longitude (ddmmss) 785814
Comments:
(la /long for treatment plant site only)
The application currently in house is subject to considerable revision.) The impacts at the treatment
plant and access road have been modified considerably by relocation of the plant onto higher parts
of the site and the determination that a significant part of the entrance road existed prior to
acquisition of the property, Specific acreage has not yet been provided by the consultant, although it
is believed to be <3 acres for the entire project, including utility lines.
Plans for mitigation by restoration or cmatinn have been discussed although specifec eplans
provided. Several sites in the local vicinity have been considered a r toration sites. Some of these
have been visited by Reg, office and Central Office staff and appear to have considerable potential
for restoration.
Given the measures the applicant is willing to take to reduce the footprint of the plant site and
mitggate for the WL losses, it is the recommendation of this office that the requested 401 be issued,
on the following conditions- 1)approval of an acceptable mitigation plan restoring or ?placing the
1--A %A/1 L. ....A:--- -- -A 1___A _ A.4--A:?. ...J /1\ .... .1:A:... ..??.. .:..:._?. At--A AI__
cc?R gional Office
)Central Office `?'?Number 1
Facility Name Town of Fairmont County Robeson
Project Number 99 0872 Regional Contact: Ken Averitte
Date: 4/11/2000
Comments (continued from page 1):
cc: Regional Office
Central Office Page Number 2
Hobbs,. Upchurch & Associates, P.A. P,4%
Consulting Engineers ?4?'i )Yr
290 S.W. Broad Street • Post Office Box 1737 • Southern Pines, NC 28388
00 F
March 2, 2000
' 809 06 7
4m? . 7 _?..
t)3 GfttlIIP
Mr. John R. Dorney
N.C. Department of Environment & Natural Resources
Wetlands/401 Unit
1621 Mail Service Center
Raleigh, NC 27699
Re: Wastewater Treatment Plant / Access Road
Town of Fairmont
NCDENR #99-0872
HUA No. FR9605.G
Dear Mr. Dorney:
As requested in your letter dated February 23, 2000 to Mr. Ben Hill, Town Manager of Fairmont,
please find enclosed a check in the amount of $475.00 for the submission of the Town's
application on file in your office.
If you have any questions or concerns regarding this project or require additional information,
please do not hesitate to contact our office.
Sincerely,
HOBBS, UPCHURCH & ASSOCIATES, P.A.
VIM-
Bill Lester, Jr., P.E.
Governmental Division Manager
cc: Ben Hill, Town Manager, Town of Fairmont
Southern Pines, NC • Telephone 910-692-5616 • Fax 910-692-7342 • e-mail: huamain@pinehurst.net
Myrtle Beach • Kill Devil Hills • Raleigh
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
F m
Mr. Ben Hill PAY I ,
Town of Fairmont RECE!" k
P.O. Box 248
Fairmont, NC, 28340
Dear Mr. Hill:
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 23, 2000
99-0872
Robeson County
On August 3, 2000, DWQ received a copy of the Public Notice for the Town of
Fairmont's after-the-fact application for construction of a wastewater treatment plant and access
road in Robeson County. We understand that the Town of Fairmont will be providing an
alternatives analysis and a wetland mitigation plan to complete this application at an unspecified
later date. The Division has assigned DWQ No. 99-0872 to this project and will begin to review
it for eventual decision. However, please be aware that beginning January 1, 1999 that the N.C.
General Assembly passed legislation requiring payment of a fee of $475.00 for this project.
Also, applicants are required to provide to DWQ seven copies of all application materials
provided to the U.S. Army Corps of Engineers. The 401 Water Quality Certification cannot be
issued until this fee is paid and the copies are provided. Also, this project will require
compensatory wetland mitigation as described in 15A NCAC 2H.0506(h). Until the required
materials and a mitigation plan are provided, your application will remain on hold as incomplete.
Please refer to the assigned project number 99-0872 in all future correspondence.
Please call Cyndi Bell at 919-733-9721 or visit our web site at
http://h2o.enr.state.nc.us/ncwetlands if you have any questions.
41114
qRSierel. Dorney
cc: Central Files
Ken Averitte, DWQ Fayetteville Regional Office
Scott McClendon, Wilmington Regulatory Field Office, US Army Corps of Engineers
Wetland File
Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699
Telephone 919-733-1786 FAX # 733-9959
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post consumer paper
FAIRMONT.POLICE DEPT ID:9106286025
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
RELY-` ? -?
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
ttti?- I.
Mr. Ben Hill Ct ?,g 701
Town of Fairmont
P.O. Box 248 . •? ?t..,:
Fairmont, W. 28340
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL. RESOURCES
Deur Mr. Hill:
FEB 28'00/ 1118 No.002 P.02
4.
1 * • i ?'
7M
;y
GROUP ?
TY SECTION
February 23.2000 ??{R6p J<
99-0872
Robeson County
2 qU e- C
D
a- a?- oa
On August :3, 2000, DWQ received a copy of the Public Notice for the 't'own of
Fairmont's after-the-fact application for construction of a wastewater treatment plant and access
road in Robeson County. We understand that the Town of Fairmont will be providing an
alternatives analysis and a wetland mitigation plan to complete this application at an unspecified
later date. The Division has assigned DWQ No. 99-0872 to this project and will begin to review
it for eventual decision. However, please be aware that beginning January 1. 1999 that tllc N.C.
General Assembly passed legislation requiring payment of a fee'- of.$475;0Q far this project.
Also, applicants are required to provide to DWQ seven copies of all application 111atcrials
provided to the U.S. Army Corps of Engineers. The 401 Water Quality Certification cannot be
issued until this fee is paid and the copies are provided. Also, this project will require
compensatory wetland mitigation as described in 15A NCAC 2H .0506(h). Until the required
materials and a mitigation plan are provided, your application will remain on hold as incomplete. co
Please refer to the assigned project number 99-0872 in all future correspondence. O
M
Please call Cyndi Bell at 919-7:3:3-9721 or visit our web site at 0)
}tttp://h2c?.enr_1?tF.nc.us/ilcwc t1{tTt?? if you have any questions.
PAYMENT SPAYMENT
RECEIVED RECEIVED
? Dorney
cc: Central Files
Ken Averitte. DWQ Fayetteville Regional Office
Scott McClendon, Wilmington Regulatory Field Office, IJS Army Corps of Engineers
Wetland File
Wethuids/401 Unit 1621 Mail service Center Raleigh, North Catolina 27699
Telephone 919-733-1786 FAX N 733-9959
An Equal Uppcuuu,ity Affirnotive Action Empluyrr 50% rrcyclyd710% post cunsumrr paper
faumont
Subject: fairmont
Date: Tue, 04 Apr 2000 20:37:51 -0400
From: Ken Averitte <Ken.Averitte@ncmail.net>
Organization: NC Dept. of Environment and Natural Resources
To: Cyndi Bell <Cyndi.Bell@ncmail.net>
Cyndi, I had a long talk with Jay Carter last Friday evening about the
Fairmont situation. He claims he is working out even the mitigation
proposal, but can't get maps from the engineering company. (I have to
agree with him that a lot of this seems a bit unfair, for lack of a
better word. Why should they have to mitigate for stuff that is covered
under NWP 12 every day of the week? Everything got thrown into one IP.)
anyway, I'm going to be in and out the rest of this week, my son has
chickenpox and I can't send him to school. I'm not sure of my work
hours, as you may note on the time of this e-mail. Anyway, I'll keep you
posted as things come in.
thanks
1v ?
1 of 1 4/5/00 9:33 AN
V-05-1999 15:49
DR. J.F(. CARTER III & ASSOCIATES, INC.
Environmental Consultants
P.O. Sox 891 • Southern Pines, N.C. 28388 -
(910) 695-1043 • Fax (910) 695-3317
4 November 1999
P. 02/02
MEMORANDUM PAYMENT
RECEIVED
TO: Mr. Ben Hill- Town of Fairmont
Mr. Scott McLcndon U.S. Army CoMs of Engineers
Mr. John Domey- N_C. Division of Water Quality
Mr_ Ken Averitte- N .C. Division of Water Quality
Ms. Carol Tingley- N.C. Division ofparks and Recreation
Mr. James Sessoms- Lumber River State Park
?&• Kathy Mathews- U .S. Environmental Protection Agency
Mr. lkmnett Wynne- N.C. Wildlife Resources Commission
Mr. Tom McCartney- U.S. Fish and Wildlife Service
Mr. Bill Lester- Hobbs, Upchurch and Associates
FROM. J.H. Carter III- JCA Inc.
SUBJECT: New wastewater treatment plant for Town ofFairmont, Robeson. County.
Cc:
During the agency meeting on 4 October 1999, attendees agreed to meet again in
approximately 3 weeks to continue the dialogue on the above referenced project and to review a
Potential mitigation site at Lumber River State Park. Since that time has come and gone, we
need to set a firm date for the next meeting in order to keep the process moving. We have
tentatively set 8 December as the next meeting date. Please meet at the entrance road to the new
plant site (same as last time) at 10:00 AM. If you cannot attend on that date, please.fax me
alternatives as soon as possible.
Thank you.
TOTAL P.02
NOV-05-1999 15:49
P. 01/02
DR. J.H. CARTER III & ASSOCIATES, INC.
Environmental Consultants
P.O. Boa 891
Southern Pines, N.C. 28388
Office phone: (910) 695-1043
Facsimile: (910) 695-3317
E-mail: jeamain@pinchurst.net
TO: John Dorney
FAX NUMBER: (919) 733-9959
COMPANY: NC Division of Water Quality
FROM: Dr. J.H. Carter III
DATE: 11/5/99 TIME:
TOTAL # OF PAGES (including cover): 2
COMMENTS:
Endangcred Species Surveys • Environmental Assessments • Land Management • Wetlands Mapping /d Permitting
mitigation
Subject: mitigation
Date: Fri, 20 Oct 2000 16:27:41 -0400
From: Jeff Jurek <jeff.jurek@ncmail.net>
Organization: NC Wetlands Restoration Program-DENR
To: ken.averitte@ncmail.net, Rob Ridings <rob.ridings @ncmail.net>
The purpose of this email is to notify you of the North Carolina
Wetlands
Restoration Program's (NCWRP) intention to accept payment into the
Wetland
Restoration Fund for compensatory mitigation for stream/wetland impacts
for
the following project:
Project name: Fairmont Wastewater Treatment Plant
River Basin: Lumber
8digit catalog unit: 03040203
County: Robeson
DWQ Project # (if known):
COE Project # (if known):
CAMA Project # (if known):
Wetland impact: 1.6 acres riparian swamp forest
Stream impact:
Wetland mitigation: 3.2 acres
Stream mitigation:
If for any reason you feel that the NCWRP should not accept payment for
the
above project, please notify me (Jeff Jurek) by email or phone 919
733-5316
within 5 working days upon receipt of this message. If no response is
received within 5 working days, NCWRP assumes you concur with this
payment.
Jeff Jurek <jeff.jurek@ncmail.net>
1 of 1 10/23/00 8:13 AM