19950707 Ver 1_Complete File_19950911

ataZe oT iuorin t.aroitna
Department of Environment,
Health and Natural Resources
Wilmington Regional Office
Division of Coastal Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N. Schecter, Director
August 15, 1995
Ms. Mary Etta Hewett
P. O. Box 27
Shallotte, NC 28459
RE: DEM 1D# 95707, Nationwide Permit Application
Mulberry Road, Proposed Treatment Plant, Brunswick County
Dear Ms. Hewett:
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The North Carolina Division of Coastal Management has reviewed the above-referenced application for a
Nationwide Permit pursuant to Section 307 of the Coastal Zone Management Act of 1972 as amended.
Based upon our review, we have determined that the proposed activity is conditionally consistent with the
North Carolina Coastal Management Program provided the following requirements are met:
1. The activity described in the above-referenced application qualifies to receive one of the
Nationwide Permits described in 33 CFR Part 330 with the exception of Numbers 17, 21,
24, and 34 which were found inconsistent with the North Carolina Coastal Management
Program.
2. A 401 Water Quality Certification is received, where required, from the North Carolina
Division of Environmental Management.
3. The Town of•Shallotte should redesign "the project as necessary to locate the holding lagoon
',as far away hs possible from Mulberry Branch. A vegetated buffer and berm should be installed
between the'proposed treatment plant and Mulberry Branch.
This letter does not relieve you of the responsibility to insure that all other State authorization and/or
permit requirements are met prior to implementation of the project. Please contact me at [phone]
to discuss the concerns of the Division.
Sincerely,
C. Robert Stroud, Jr.
District Manager
cc: Preston P. Pate, Jr., DCM
Steve Benton, Consistency Coordinator
Michael Hosey, Wilmington District COE
John Dorney, 'DEM/Raleigh
4
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127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
A AT.R?FA
?EHNR
September 11, 1995
Brunswick County
DEM Project # 95707
APPROVAL of 401 Water Quality Certification
Town of Shallotte
P. 0. Box 27
Shallotte, N.C. 28459
F 1?: ,,7Ptl
Dear Sirs:
You have our approval to place fill material in 2.7 acres of wetlands or waters for the purpose of
constructing a wastewater treatment effluent lagoon at Mulberry Branch and Mulberry Road, as you
described in your application dated 28 June 1995. After reviewing your application, we have decided
that this fill is covered by General Water Quality Certification Number 2671. This certification allows
you to use Nationwide Permit Number 26 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to 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.
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 final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
P JJr.P E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Domey
Central Files
Dwight Water; McKim & Creed
95707.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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0 North Carolina Wildlife Resources Commission 0
512 N. Salisbury Street, Raleigh, North Carolina 27611, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Dorney
Division of Environmental Management
FROM: Bennett Wynne
Habitat Conservation Program
DATE: August 1, 1995
SUBJECT: Town of Shallotte 401 Water Quality Certification
for excavating and filling wetlands associated
with wastewater treatment plant construction,
Brunswick County, North Carolina. DEM ID: 95707.
The Wildlife Resources Commission has reviewed the
subject permit application. A site visit was made on July
24, 1995. Our comments are provided in accordance with
provisions of the Fish and Wildlife Coordination Act (48
Stat. 401, as amended; 16 U.S.C. 661 et. seq.).
The applicant has applied for Water Quality
Certification to excavate 2.7 acres of wetlands and fill an
additional 0.1 acre for a total wetland impact of 2.8 acres.
Wetlands would be excavated and filled to construct a
wastewater treatment effluent lagoon. At the time of our
site visit, 2 small open water areas existed at the site,
one of which was mostly wooded with water oak, sweet bay,
and red maple. These wetlands provide quality habitat for
amphibians, raccoon, oppossum, and songbirds.
No mitigation is proposed for the loss of 2.8 acres of
wetlands. Further, there appears to be sufficient
highground at the site for wetlands to be avoided. As
proposed, the project is not consistent with our Policies
and Guidelines for Conservation of Wetland and Aquatic
Habitats. Therefore, we strongly recommend that
w
ri

certification be contingent upon the relocation of all
construction to highground.
Thank you for the opportunity to comment on this
project. If you need to discuss these comments or need
additional assistance, please call me at [phone].
cc: Frank McBride, Program Manager
William Wescott, Coastal Hab. Con. Coordinator
S:drive (boatfish\habcon)

DEM ID: 9 5 7n 1 ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 26
JOINT FORM FOR
Nationwide permits that require notification to the Corps of
Nationwide permits that require application for Section 401 c
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW CO-E
Telephone [phone]

veers
cation
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEME1147 -===
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES RECEIVED
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY `JUL' 61995
Telephone [phone] EWIRONMENTALSCIENCES
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS" ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: f? Town of Shallotte
2. Owners Address: P O Box 27 Shallotte NC 28459
3. Owners Phone Number (Home):
(Work):
910-754-4032
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
N;/A
5. Location of work (MUST ATTACH MAP). County:
Nearest Town or City: Shallotte
Brunswick
Specific Location (Include road numbers, landmarks, etc.): Approximately 1000 east of
intersection of Mulberry Branch and Mulberry Road
6. Name of Closest Stream/River.. Mulberry Branch
7. River Basin:
Shallotte River
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS H? YES [ ] NO [I
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO ? ]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained:
Flooded:
Excavated: _ 7 ar-rps
Total Impacted:
I '
12. Description of proposed work (Attach PLANS-8 1/2" X 1111I drawings only) Construction of
wastewater Treatment effluentlagoon and spray fields. Part of a lagoon will
displace 2.7 acres of wetlands.
13. Purpose of proposed work: Treatment Wastewater Plant Expansion
14. State reasons why the applicant believes that this activity m t be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. Due to size of ro ct the area required with no
wetlands has not been found. The site has n flagged to find area resulting in
Est amount of impact.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine, Fisheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [ J NO [X ]
RESPONSES FROM THE USFWS AND/OR NMPS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservatio Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [ ] NO [X J
RESPONSE FROM THE SHPO SHOULD BE FORWARDED PTO CORPS.
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams,
B. If available, representative photograph of wetlands to by
C. If delineation was performed by a consultant, include ail
delineation line.
?a
D. If a stormwater management plan is required for this p o
E. What is land use of surrounding propert}??
F. If applicable, what is proposed method of sewage dispo?1<
N; ,
and lakes on the property.
impacted by project.
data sheets relevant to the placement of the
t, attach copy.
timber crop
h
Spray applicaiton over land
s Signature Date

Mq<T\4&CREED
June 28, 1995
Mr. John Dorney
ENGINEERS NCDEHNR
Water Quality Planning
SURVEYORS PO Box 29535
ARCHITECTS Raleigh NC 27626-0535
PLANNERS RE: 401 Certification
Wastewater Treatment Lagoon
Town of Shallotte
Brunswick County
Dear Mr. Dorney:
M&C0982.0001(12)
S30N31091d1N3VN0N1 W3
96619 Inr
C13A 13C3a
Enclosed is application package for a Section 401 certification and Nationwide
26 permit for the excavation of a 2.7 acre isolated wetland pocket. The area is
needed to construct a 10 acre lined wastewater holding pond. The wastewater is
being held prior to spraying onto a land application area. It should be noted the
wetland is in isolated pocket surrounded by upland.
We have met with Michael Hosey of the Corps of Engineers and Janet Russell
with C.A.M.A. at the site. They recommended to proceed with the application.
We are enclosing 8% x 11 figures of the project as well as larger size plans for
your reference. The total project size relative to the small wetland impacted
makes it difficult to present clearly on the 8'h x 11 sheet.
Also enclosed is a set of detailed wetland delineation maps for the entire project.
The survey was based on flagging by Mitchell and Associates, Inc.
If you have any questions regarding this project, please feel free to call.
Sincerely,
243 NORTH FRONT STREET McKIM & CREED ENGINEERS, P.A.
WILMINGTON, NC 28401 1
W QJQA
910/343-1048 Dwight D. Waser, P.E.
FAX [phone] Project Engineer
/bbs
pc: Albert Hughes
DEM ID: q .? 76 ? ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
26
JOINT FORM FOR -
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEAI,
SIV
P.O. Box 1890 AND NATURAL RESOURCES '?t??CC
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535 Jut Telephone [phone] ATTN: MR. JOHN DORNEY ENViR 6 1995
Telephone [phone] ?PR rAt SCIENCE
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ?1 tMERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: ? Town of Shallotte
2. Owners Address: P O Box 27 Shallotte NC 28459
3. Owners Phone Number (Home): (Work): 910-754-4032
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
N/A
5. Location of work (MUST ATTACH MAP). County: Brunswick
Nearest Town or City: Shallotte
Specific Location (Include road numbers, landmarks, etc.): Approximately 1000' east of
intersection of Mulberry Branch and Mulberry Road
6. Name of Closest Stream/River. Mulberry Branch
7. River Basin: Shallotte River
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO (I
9. Have any Section 404 permits been previously requested for use on this property? YES j ] NO ]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: ac
Drained:
Flooded:
Excavated: 9.7 acres
Total Impacted:
Y Y
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Construction of
wastewater Treatment effluentlagoon and sprays fields. Part of a lagoon will
2.7 acres of wetlands.
13. Purpose of proposed
14. State reasons why the applicant believes that this activity in
taken to minimize wetland impacts. Due to size of prof
wetlands has not been found. The site has be
be carried out in wetlands. Also, note measures
the area required with no
flagged to find area resulting in
least amount oL impact.
15. You are required to contact the U.S. Fish and Wildlife Servic
(NMFS) regarding the presence or any Federally listed or proposes
habitat in the permit area that may be affected by the proposed p
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD
16. You are required to contact the State Historic Preservatio
properties in the permit area which may be affected by the propc
RESPONSE FROM THE SHPO SHOULD BE FORWARDED'
17. Additional information required by DEM:
A. Wetland delineation map showing all wetlands, streams
B. If available, representative photograph of wetlands to b
C. If delineation was performed by a consultant, include a]
delineation line.
D. If a stormwater management plan is required for this pt
E. What is land use of surrounding property? PLI
F. If applicable, what is proposed method of sewage dispo.
s
(USFWS) and/or National Marine.Fisheries Service
for listing endangered or threatened species or critical
eject. Have you done so? YES [ ] NO [X ]
FORWARDED TO CORPS.
Officer (SHPO) regarding the presence of historic
d project? Have you done so? YES [ ] NO [X ]
) CORPS.
and lakes on the property.
impacted by project.
data sheets relevant to the placement of the
attach copy.
Spray applicaiton over land
Date

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