20000278 Ver 1_COMPLETE FILE_20000306

OtO? W AT
6
o ?c
Michael F. Easley
Governor
William G. Ross, Jr., secretary
Department of Environment and Natural Resources
Kerr T. Stevens, Director
Division of Water Quality

Southern Packing
S and J Villari
892 Penny Branch Road
Warsaw, North Carolina 28398
Subject: DWQ #: 000278
County: Duplin
RECEIPT
April 5, 2001 C) 0
?L ss
The Wetlands Restoration Program has received a check in the amount of
$ 32,500.00 check number 1705 as payment for the compensatory mitigation
requirements of the 401 Water Quality Certification issued for the subject project.
This receipt serves as notification that the compensatory mitigation requirements
for this project have been satisfied. Please note that you must also comply with all
other conditions of this certification and any other state, federal or local
government permits or authorization associated with this activity.
The NCWRP, by acceptance of this payment, acknowledges that the
NCWRP is responsible for the compensatory mitigation requirements associated
with this project and agrees to provide the compensatory mitigation as specified.
As specified, the NCWRP will restore 260 linear feet of stream in Subbasin
030619 of the Cape Fear River basin.
If you have any questions concerning this matter, please contact me at
[phone].
Sincerely,
Ronald E. Ferrell,
Program Manager
REF/cvb
cc: Rob Ridings
file
+7
VCDENR
Customer Service
Division of Water Quality 1619 Mail Service Center Raleigh, NC 27699-1619
Wetlands Restoration Program [phone] Fax: [phone]
1 800 623-7748
F WAIF
0 9QG Michael F. Easley
Governor
Cl) r William G. Ross, Jr. Secretary
- Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
March 12, 2001
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Christine Villari
Southern Packing, Inc.
S and J Villari Livestock
892 Penny Branch Road
Warsaw, NC 28398
Dear Ms. Villari:
RE: Payment to NC Wetland Restoration Program
DWQ Project # 000278
Duplin County
Thank you for your letter of October 31, 2000 requesting another extension for payment to the NC
Wetlands Restoration Program for stream mitigation. Your letter stated that you intended to pay within three
months of the date of the letter (i.e. in and around January 31, 2001). To date we have received no record of
payment for this mitigation. If your payment is not received in full by March 31, 2001 we will be forced to
revoke your 401 Water Quality Certification and/or proceed with enforcement for the violation of the condition
of the Certification that requires payment for this stream impact. Please call me at 919-733-9646 if you have
any questions.
incerely ours,
n Cc: Danny Smith
Ron Ferrell, WRP
File copy
Central files
Joanne Steenhuis, DWQ Wilmington Regional Office
Jill Hickey, NC Attorney General's Office
AwA
NCDENR
Customer Service
1 800 623-7748
Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621 [phone]
Re: Valleri project
Subject: Re: Valleri project
Date: Thu, 01 Feb 2001 13:06:47 -0500
From: Coleen Sullins <[e-mail]>
To: Ron Ferrell <[e-mail]>, [e-mail]
CC: John Domey <[e-mail]>, Dennis Ramsey <[e-mail]>,
Danny Smith <[e-mail]>
Tommy - I also concur with Ron and John. They need to make the payment. They
are long overdue and given the way this whole thing was managed by Valleri, I
think we have been more than understanding. Coleen
Ron Ferrell wrote:
> I do concur with John's position, particularly since this impact was
> permitted after the fact.
> John Dorney wrote:
> > Basic question for this project - Ms. Valleri (Southern Packing Co.) got
> > an after-the-fact 401 for 260 feet of stream culverting onJune 27,
> > 2000. the 401 had a payment deadline to WRP of July 27. On Sept 15,
> > 2000 we issued a modification of the 401 (at her and her lawyer's
> > request) to extend the payment deadline to October 31, 2000. she has
> > now come in for an additional extension request to pay later (time
> > uncertain). i would prefer not to extend the deadline a third time (and
> > ron ferrell agrees i think) but ron suggested that i contact you for a
> > decision. please advise. thankx
1 of 1 3/6/01 12:12 PN
S&J VILLARI LIVESTOCK
892 PENNY BRANCH ROAD
WARSAW, NC 28398
more tune
Subject: more time
Date: Mon, 29 Jan 2001 17:39:27 -0500
From: Damiy Smith <[e-mail]>
To: [e-mail]
800-865-0801 PHONE
910-293-2157 PHONE
910-293-3667 FAX
I talked with Ron Ferrell regarding Villari (aka Southern Packing).
(as per Ron, you should call (on the telephone) Tommy Stevens, before making a decision).
danny
(the file is in your chair)
Please advise if I need to follow up.
ds
1 of 1 1/30/018:17 AM
S & J V/LLAR/
892 Penny Branch Road
Warsaw, North Carolina 28398
VV -
05
4G, ?? C1 K ct
fy)z * I to x.14
2
For accounting purposes, this Certification authorizes the fill of 260 feet of streams, in 030619 river and
subbasin and 260 linear feet of stream restoration are required. Please be aware that the Wetland Restoration
Program (WRP) rules require rounding of acreage amounts to one-quarter acre increments (15A 2R.0503(b)).
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. 276 1 1-7447. This certification and its conditions are final and
binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please telephone John Domey at 919-733-9646.
Attachment
cc: Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Ron Ferrell; Wetland Restoration Program
File copy
Central Files
Todd St. John
Elena Trapani: Mitchell & Associates
Clark Wright: Ward & Smith
1
r,Sincerely"___?
? /? ? t 1 1 ?„Zl ,s
?Ke LSteSen ) /
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
1 ILF!WAA
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
September 15, 2000
Duplin County
DWQ Project # 000278
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS, WRP
Southern Packing, Inc.
S & J Villari
892 Penny Branch Road
Warsaw, NC 28398
Dear Sirs:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in
260 feet of streams for the purpose of constructing an industrial expansion at SR 1341 near Warsaw NC in Durham
County, as you described in your application received March 6, 2000. After reviewing your application, we have decided
that this fill is covered by General Water Quality Certification Number 3108. This certification allows you to use
Nationwide Permit Number 260 when the Corps of Engineers issues it. 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. This approval will expire when the
accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. This
Certification replaces one issued to you on June 27, 2000.
This approval is only valid for the purpose and design that you described in your application except as modified
below. If you change your project, you must notify us and you may be required to send us a new application for a new
certification. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is
thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed
one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be
valid, you must follow the conditions listed in the attached certification and any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and waters to notify the
state in order to assure compliance for future wetland and/or water impact. These mechanisms shall be put in place within 30
days of the date of this letter or the issuance of the 404 Permit (whichever is later).
2. An additional condition is that a final, written stormwater management plan shall be approved by this
Office before the impacts specified in this Certification occur. The stormwater management plan
must include plans and specifications for stormwater management facilities designed to remove 85%
TSS according to the most recent version of the NC DENR Stormwater Best Management Practices
Manual. Also, before any permanent building is occupied at the subject site, the stormwater
management facilities, as approved by this Office, must be constructed and operational, and the
stormwater plan, as approved by this Office, shall be implemented.
We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate for
these impacts to wetlands and/or streams. In accordance with 15A NCAC 2R .0402, this contribution will satisfy our
compensatory mitigation requirements under 15A NCAC 2H .0506(h). According to 15A NCAC 2H .0506(h), feet of
restoration will be required. Until the Wetland Restoration Program receives and clears your check (made payable to:
DENR - Wetland Restoration Program), wetland or stream fill shall not occur. Mr. Ron Ferrell should be contacted at
919-733-5083 ext. 358 if you have any questions concerning the Wetland Restoration Program. You have until October
31, 2000 to make this payment.
Division of Water Quality - Wetlands/401 Unit
1621 Mail Service Center Raleigh NC 27669-1621 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2 H .0500, Southern Parking Inc./S&J Villari has permission as outline below for
the purpose(s) of proposed industrial expansion. All activities associated with these authorized impacts must be conducted
with the conditions listed in the attached cetification transmitttal letter. THIS CERTIFICATION IS NOT VALID
WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM
LOCATION SR 1341 near Warsaw
COUNTY: Duplin
BASIN/SUBBASIN 030619
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to compensate for
the above impacts through the restoration, creation, enhancement or preservation of wetlands and surface waters as
outlined below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the wetland Restoration Programs must be rounded to one-
quarter acre increments according to 15 2r .0503(b)
acres of Class WL wetlands
acres of riparian wetland
acres of non-riparian wetlands
acres of Class SWL wetlands
260 linear feet of stream buffers
(other)
One of the options you have available to satisfy the compensatory mitigation requirements is through the payment
of a fee to the Wetlands Restoration Fund per NCAC 2R .0503. If you choose this option, please sign this form and mail it
to the Wetlands Restoration Fund at the address listed below. An invoice for the appropriate amount of payment will be
sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL
YOU RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WETLANDS
RESTORATION PROGRAM.
Signature
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]
Date
4
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be returned to DWQ
by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from
all of these.
Applicant's Certification
1, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
Agent's Certification
1, , hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications.
and other supporting materials.
Signature:
Engineer's Certification
Partial Final
Date:
1, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
County:
Signature Registration No.
Date
SIP-13-2000 16:31 From-WARD Z SMITH-NEW BERN 2 26725477 T-634 P.002/002 F-237
WARD AND SMI R A.
ATTOXN RYS AT LF'w
L CLARK WRLGhT, ]X
(252) 672-51d18
FnX (252) 67:-1477
%cw®wirdAAdSM41tl.c001
September 13, 2000
I
VIA TELEC9FIER
ORIGINAL U.S. MAIL
Mr. John Dorney
(N-vision of Water Quality
Wetland/401 Unit
1621 Mail Service Center
Raleigh, NC 27699-1621
RE: 401 Certification - Southern Packing
DWQ Project 000278
Our File 991155-0001
Dear John:
The purpose of this letter is to request a minor change tlest 401 certification for the above-
referenced project. On behalf of Southern Packing, we that the wetlands and stream
mitigation payment due date be extended forward to and ncluding October 31, 2000. In all other
respects, the 401 certification approval remains acceptahl` to our client.
Thank you for your consideration of this requested
Yours
1. Clark
iCW:del
NBMA1N\416917 1
cc: Mr. joscph P. Villari
1001 COLLEOF COURT PO $OX 867
GAU&NVILLC NRW BEAN
(252) 215.4uo0 1252) 172-5400
in the payment due date.
Jr.
NEW BERN, NC 16563-0967
RALnLGH
( i9) tjo-4160
wawNGCON
(910) 794-000
S&J VILLARI LIVESTOCK 800-865-0801 PHONE,
892 PENNV BRANCH ROAD 910-293-2157 PHONE
WARSAW, NC 28398
910-293-3667 FAX
September 6, 2000
Mr. John Dorney
Division or Water Quality / Wetlands Unit
4401 Rcedy Creck Road
Raleigh, N. C. 27607
Dear Mr. Dorney,
We would like to make our contribution of $32,500.00 in four payments in the amount
of $8,125.00 each in thirty-day increments. If this is not an acceptable plan, please call
me at 800-865-0801 or Mr. Clark Wright with Ward and Smith, P.A. in New Bern, North
Carolina. His phone number is 252-633-1000.
Thank you for your consideration on this request.
Respectfully,
j4'.'jW/_ z?
Joseph P. Villari
Cc: Ron Ferrell - Wetlands Restoration Program
Clark Wright
&V
r ?
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C?
AD
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a?
NORTH CAROLINA. L.)E,N'' N A' OF
ENVIRONMENT AND NA''d'l0''A1..
"CDENR DrVI5iOrd c- 1A, i!:_; i I,,,
INVOICE
August 7, 2000
JAMES B. HUNT JR. '
GOVERNOR
Southern Packing Incorporated
HILL. HOLMAN S and J Villari
SECRETARY 892 Penny Branch Road
Warsaw, North Carolina 28398
KERR T. STEVENS You have chosen to satisfy the compensatory mitigation requirements o! thf? 401
DIRECTOR Water Quality certification issued for DWQ Project #000278 through payi -IE?nr ut a i
fee to the North Carolina Wetlands Restoration Fund. In accord;lnck: ,with! 1'5A
NCAC 2H.0500, your fee has been calculated as follows (Please rlote ,?a ?n 1c.: nt for
wetlands is calculated in increments of 0.25 acres):
Class WL wetlands
Acres of riparian x $ 24,000:::
Acres of non-riparian x $ 12,000
Class SWL wetlands
Acres x $ 120,000
Stream Channel
260 Linear Feet x $ 125 = 1> ';2,5F_
_ Other X _
TOTAL OF PAYMENT $ 32,50(',.00
Please mail a check in the amount of $ 32,500.00 made payable t
NCDENR/DWQ/Wetlands Restoration Fund to the address belc),n
If you have any questions concerning this payment, please contac
Ron Ferrell at [phone].
c.?c NCDENR - Division of Water Quality
Wetlands Restoration Program
`yam 1619 Mail Service Center
,;td 41?,'It-- Raleigh, North Carolina 27699-1619
PLEASE NOTE, YOU MUST RECEIVE NOTIFICATION FROM THE WEI LANDS
RESTORATION PROGRAM THAT YOUR PAYMENT HAS BEEN REC.'?-:IVED
PRIOR TO CONDUCTING THE ACTIVITIES AUTHORIZED BY T'l-F_
DEPARTMENT OF ARMY PERMIT AND/OR THE 401 WATER QUA,c.ITY
CERTIFICATION.
I }I ?k,1
NI;Iti
W[E:TL.AN Uti '.=1'I?ItA.'fl Ph f 11 RANI
1619 MAir. tiLRVI<'.I-. CI NILH, ?; 1I I i :I PIS
webSlle:1120.enr'.SL00H, LIS PHIINe'1,., 1,
t, -,-. .
AN LIWAI 01'1',1R-rONIIY /AFFIRMATIVE A?110N EMPLOYI-R I,
r ` State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
NCDENR
NORTH CAROUNA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 27, 2000
Duplin County
DWQ Project # 000278
APPROVAL of 401 Water Quality Certification, ADDITIONAL CONDITIONS, WRP
Southern Packing, Inc
S & J Villari
892 Penny Branch Rd.
Warsaw, NC 28398
Dear Sirs:
You have our approval, in accordance with the attached conditions and those listed below, to retain fill material in 260 feet
of streams for the purpose of constructing an industrial expansion at SR 1341 near Warsaw NC in Duuplin County, as you
'described in your application (receive March 6, 2000). After reviewing your application, we have decided that this fill is covered
by General Water Quality Certification Number 3108. This certification allows you to use Nationwide Permit Number 26 when
the Corps of Engineers issues it. 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. This approval will expire when the accompanying 404 or CAMA permit expires unless otherwise
specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as modified below. If
you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the
new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all
conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 211.0506 (h). For this approval to be valid, you must follow the conditions listed in the attached
certification and any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional wetlands and waters to
notify the state in order to assure compliance for future wetland and/or water impact. These mechanisms shall
be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later).
2. An additional condition is that a final, written stormwater management plan shall be approved by this Office before
the impacts specified in this Certification occur. The stormwater management plan must include plans and
specifications for stormwater management facilities designed to remove 85% TSS according to the most recent
version of the NC DENR Stormwater Best Management Practices Manual. Also, before any permanent building
is occupied at the subject site, the facilities, as approved by this Office, shall be constructed and operational, and
the stormwater management plan, as approved by this Office, shall be implemented.
We understand that you have chosen to contribute to the Wetland Restoration Program in order to compensate for these
impacts to wetlands and /or streams. In accordance with 15A NCAC 2R .0402, this contribution will satisfy our compensatory
mitigation requirements under 15A NCAC 2H .0506(h). According to 15A NCAC 2H .0506(h), 260 feet of restoration will be
required. Until the Wetland Restoration Program receives and clears your check (made payable to: DENR - Wetiand Restoration
Program), wetland or stream fill shall not occur. Mr. Ron Ferrell should be contacted at 919-733-5208 if you have any questions
concerning the Wetland Restoration Program. You have on month from the date of this Certification to make this payment. For
accounting purposes this Certification authorizes the rill of 260 feet of streams, in 030619 river and subbasin and 260
linear feet of stream restoration is required. Please be aware that the Wetland Restoration Program (WRP) rules require
rounding of acreage amounts to one-foot increments (15A 2R.0503(b)).
r,,
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
?r.
r
n
V
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 Water Quality under Section 401 of the Clean Water Act. If you have
any questions, please telephone John Domey at 919-733-1786.
cc. Corps of Engineers Wilmington Field Office
DWQ - Wilmington Regional Office
John Domey
Central Files
Ron Ferrell; Wetland Restoration Program
Todd St. John
Elena Trapani: Mitchell and Associates
S'??'11lnncerely,
Kerr T. Stevens

NORTH CAROLINA-DIVLSON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIR-EMENTS
In accordance with 15A NCAC 2 H.0500, has permission as outline below for the purpose(s)
of proposed . All activities associated with these authorized impacts must be conducted with the
conditions listed in the attached cetification a=mitttal letter. THIS CERTIFICATION IS NOT VALID
WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUMEMENT WETLAND RESTORATION PROGRAM
LOCATION
COUNTY:
BASIN/SUBBASIN
As required by 15A NC.-kC 2H.0506. and the conditions of this certification. you are required to compensate
for the above impacts through the restoration. creation, enhancement or preservation of wetlands and surface warers
as outlined below prior to conducting any activides that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the wetland Restoration Programs must be rounded
to one-quarter acre increments according to 15 2r.0503(b)
acres of Class WL wetlands
acres of riparian wetland
acres of non-riparian wetlands
acres of Class SWL wetlands
_ linear feet of stream channel
(other)
One of the options you have available to's sfy the compensatory mitigation requirements is through the
payment of a fee to the Wetlands Restoration Fund per NC.-3C 2R .0503. If you choose this option, please sign this
form and mail it to the Wetlands Restoration Fund at the address listed below. An invoice for the appropriate
amount of payment will be sent to you upon receipt of this form. PLEASE NOTE. THE ABOVE DIPACTS ARE
NOT AUTHORIZED UNTIL YOU RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE WETLANDS RESTORATION PROGRAM.
- Signature
Date
WETLANDS RESTORATION PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]
Re: Southern Packing
Subject: Re: Southern Packing
Date: Wed, 13 Sep 2000 08:37:03 -0400
From: John Dorney <[e-mail]>
To: Ron Ferrell <ron.fcrreII@)ncmail.net>
CC: [e-mail], Rob Ridings <[e-mail]>
no problemo. i will. look at 401 and see if it needs to be changed (probably
does a little).
rob - please pull this file and print the email and put in my inbox. thankx
Ron H'errell wrote:
> Thanks Tommy, John Dorney, Clark Wright (their attorney) and I worked out a
> deal where the whole payment will be made no later than 10131100. I
> appreciate John's assistance in developing a solution that does not involve
> WRP accepting partial payments.
> kts0h2o.enr.state.nc.us wrote:
> > Ron,
> > Sorry I am late getting back to you. I am fine with what you told
> > Villari. They were the ones that brought on their own problems.
> > Tommy
> > Ron Ferrell wrote:
> > > I received a phone call from Joe Villari concerning his payment to the
> > > WRP for impacts to 260 linear feet of stream, total payment due =
> > > $32,500. Mr. Villari requested that he be allowed to pay $5,0001month
> > > until his obligation was fulfilled. I told Mr. Villari that we did not
> > > allow partial payments. He responded that due to all the regulatory
> > > requirements, etc. they were having trouble getting the plant in
> > > operation and they had no income at this time.
> > > Based on info from the 401 group the certification was issued after the
> > > fact, i.e. the stream had already been culverted. So the option of not
> > > proceeding with the impact until funds were available does not exist.
> > > The only thing I know about Southern Packing is that I believe it is
> > > intended for use by independent hog farmers. Are y'all OK with my
> > > response to Mr. Villari's request. I did tell him that it was possible
> > > that the 401 group (and COE if involved) could provide additional time
> > > but that the WRP did not have the authority to do so.
> > > Ron
1 of I 9/13/00 8:36 AM

el 1
C)D -d27?
?'(
J lY ' .j I? CAROLINA DIVISION OF WATER QUALITY
` 01 WATER QUALITY CERTIFICATION
MITTED IMPACTS AND MITIGATION REQUIREMENTS
0 2 H .0500, Southern Packing, Inc. / S & J Villari has permission as
!119 0 ?" r/ / proposed 404 - 401 Certified Project. All activities associated with
_ Ust be conducted with the conditions listed in the attached certification
s?? 1 Il v.. PHIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM
LOCATION 892 Penny Branch Road / Warsaw, N.C. 28398
State Road #1341
COUNTY Duplin County
BASIN/SUB-BASIN Northeast Cape Fear River Basin
as outlined below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the wetland Restoration Programs must be
rounded to one-quarter acre increments according to 15 2r.0503(b).
acres of Class WL wetlands
acres of riparian wetland
acres of non-riparian wetlands
260
acres of Class SWL wetlands
linear feet of stream channel
(other)
One of the options you have available to satisfy the compensatory mitigation requirements is through
the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option,
please sign this form and mail it to the Wetlands Restoration Fund at the address listed below. An invoice
for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE
ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVED NOTIFICATION THAT
YOUR P YMENT HAS BEEN PROCESSED BY THE WETLANDS RESTORATION PROGRAM.
et-- 7- /z -
ign ture Date
WETLANDS RESTORATION PROGRAM
DIVISION OF WATER QUALITY
1619 Mail Service Center
Raleigh, N.C. 27669-1619
[phone]
C1-aw IU1: U4; Id rii hK NU,
OOOF"
NORTH CAROLINA-DWISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERIv1rrTED IMPACTS AND MITIGATION REQUIREMENT'S
In accordance with 15A NCAC 2 H.0500, has permission as outline below for the purpose(s)
of proposed . All activities associated with these authorized impacts must be conducrcd with the
conditions listed in the attached cetificadon transmirttal letter. THIS CERTIFICATION IS NOT VALID
WITHOUT THE ATTACHMENTS.
COMPENSATORY MII-iGA'IION REQUIREMLNr WETLAND RESTORATION PROGRAM
LOCA71ON
COUNTY.
BASIN/SUB B ASTv
as outlined below prior to conducting any acdviues that impact or de,,rade the waters of the state.
Note: Acreage requirements proposed to be nutigated through the wetland Restoration Programs must be rounded
to one-quarter acre increments acconiing to 15 2r.0503(b)
acres of Class WL wetlands
T acres of riparian wetland
acres of non-riparian wetlands
acres of Class SWL wetlands
linear feet of stream channel
(other)
One of the options you have available to 'satisfy the compensatory mitigation requirements is through the
payment of a fee to the Wetlands R; storaUon Fund per NCAC 211 .0503. If you choose this option, please sign this
form and mail it to the Wetlands Restoration Fund at the address listed below. An invoice for the appropriate
amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE I11PACTS ARE
NOT AUTHORIZED UNTIL, YOU RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE WETLANDS RESTORATION PROGRAM.
Signa[un Da[c
WETLANDS RESTORATION PROGRAM
DMSON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
[phone]
F. U4/U4
S 8 J VILLARI
892 Penny Branch Road
Warsaw, North Carolina 28398

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James B. Hunt Jr., Governor Bill Holman, Secretary
NCDENR
NORTH CAROLINA DEPARTMENT O
GNV IRONM ENT AND NATURAL RE90URCE9 1?\l// VVV
N.C. Department of Environment and Natural Resources
Release: IMMEDIATE Contact: Ernie Seneca, 919/733-7015, ext. 208
Date: June 27, 2000 Distribution: Targeted
WASTEWATER SYSTEM APPROVED FOR
PROPOSED DUPLIN COUNTY HOG PROCESSING FACILITY
RALEIGH - A proposed Duplin County hog processing facility has been given state approval to operate a wastewater
system, but it still may need local zoning approval before opening.
Owned by S&J Villari Livestock of Warsaw, Southern Packing was today permitted to run a 45,000-gallon per day spray
irrigation treatment and disposal system off Penny Branch Road. The 35-year-old plant, which has not been. operational for a
number of years, is being upgraded to a 10,800-square-foot facility designed to handle about 1,000 hogs daily.
Tommy Stevens, director of the Division of Water Quality, said issuance of the agency's 5-year nondischarge permit
does not preclude the company from having to meet applicable local, state and federal regulations. The facility also has to get
a National Pollutant Discharge Elimination System stormwater permit from DWQ because its is deemed an industrial facility
under federal regulations.
Southern Packing will have to comply with zoning requirements for the Town of Warsaw, according to comments
local officials made Dec. 14, 1999 at a public meeting DWQ held on the permit application and in follow-up communication.
Those officials stated that the facility is located in Warsaw's 1-mile extraterritorial jurisdiction, which reportedly restricts such
types of operations.
The company plans to process hogs that range in weight from about 50 to 200 pounds each. Larger facilities, such as
Smithfield Fields of Tar Heel, slaughter finishing hogs that typically weigh about 250 pounds. Villari officials have previously
stated that they plan on catering to the smaller, independent growers.
Stevens said the land application system Southern Packing plans on using is preferable because no treated wastewater
will be discharged to a receiving stream.
"None of their wastewater is to reach surface waters, and their effluent will be treated and disinfected before it is land
applied," he said. "We've put tight monitoring requirements on them for stream quality and ground water. They'll also have to
modify their irrigation system to meet standards."
DWQ today also issued Villari a 401 wetlands certificate for altering a 260-foot stream that leads to Turkey Creek. The
company, which inappropriately filled the unnamed tributary last year, will have to replace or restore the stream's function either
on-site or elsewhere in the same general watershed area.
In December 1999, DWQ found that Villari had constructed most of its wastewater treatment system without first
obtaining the required water quality permit. The Division fined the company $14,420 in April for building without such a permit
and for affecting surface water use. Villari has since paid the fine.
######################
Office of Public Affairs Don Reuter, Director
Phone: [phone] FAX [phone]
1601 Mail Service Center, Raleigh, NC 27699-1601 [e-mail]
An Equal Opportunity/ Affirmative Action Employer
State of North Carolina IT
Department of Environment 099MA,
and Natural Resources / • •
Division of Water Quality
James B. Hunt, Jr., Governor D E N R
Bill Holman, Secretary Kerr T. Stevens, Director
Division of Water Quality
Environmental Sciences Branch & Wetlands/401 Unit
Location: 4401 Reedy Creek Road
Raleigh, N.C. 27607
Mailing Address: 1621 Mail Service Center
Raleigh, N.C, 27699
FAX: [phone]
FAX TO: K--- ) (- 4Y NUMBER:
FROM: c --?:) (/l J "?' -'_1 /V/
PHONE:
NO. OF PAGES INCLUDING THIS SHEET:
1
If you receive this fax by mistake call: ESB [phone] or Wetlands [phone].
DEM ID: O 0 0 2. ! 8 DEM ID: NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): 26 ''^R 6 20M
>K-CONSTRUCTION NOTIFICATION
PA YM ? r,' j FOR NATIONWIDE PERMITS THAT REQUIRE :
1) NOTIFICATION TO THE CORPS OF
V[ 2) APPLICATION FOR SECTION 401
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)
1. OWNERS NAME : 5outhern Packing, Inc.
2. MAILING ADDRESS : 5&J Villari, 892 penny branch Road
SUBDIVISION: CITY: Warsaw
STATE : North Carolina ZIP CODE : 28398
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING
ADDRESS SHOWN ABOVE):
North of NC5K 1,341, appx. 2000' north of junction of NC5K 1341 and 1340, near the town of Wareaw, Duplin
County, North Carolina.
3. TELEPHONE NUMBER (HOME) : See Agent
(WORK) : See Agent
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
MITCHELL & A550CIATE5, INC.
ENVIRIONMENTAL CON5ULTANT5
113 WEST 3RD 5TREET
GREENVILLE. N.C. 27858
[phone]
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Duplin
NEAREST TOWN OR CITY: Wareaw
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
North of NCSR 1,341, appx. 2000' north of junction of NC5K 1,341 and 1340, near the town of Warsaw, Puplin
County, North Carolina
6. IMPACTED OR NEAREST STREAM/RIVER: Unnamed tribuatry of Turkey Creek
RIVER BASIN: Cape Fear
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)?
IF YES, EXPLAIN: No
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)?
No
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY, WHAT IS THE
LAND USE PLAN (LUP) DESIGNATION?
NA
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT
AND ANY ADDITIONAL INFORMATION (INCLUDE A PHOTOCOPY OF 401 CERTIFICATION):
No
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? IF YES, DESCRIBE ANTICIPATED WORK:
No
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
0.74 acres
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS ON PROJECT
+/-.045
10a. NUMBER OF ACRES OF WETLANDS TO BE IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: +/- 0.0298 EXCAVATION: NA
FLOODING: NA
OTHER: Placement of pipe in channel
DRAINAGE: NA TOTAL ACRES TO BE IMPACTED: +1-0.0298
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE (FT) : 260 LENGTH AFTER (FT) : 260
WIDTH BEFORE (BASED ON NORMAL HIGH-WATER CONTOURS - FT.): Average: 5'
WIDTH AFTER (FT): NA
AVERAGE DEPTH BEFORE (FT) : Avg : 4' WIDTH AFTER (FT) NA
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (YES TO ALL THAT APPLY):
OPEN CHANNEL RELOCATION: NA PLACEMENT OF PIPE IN CHANNEL: 54" galv, pipe
CHANNEL EXCAVATION: NA CONSTRUCTION OF DAM/FLOODING: NA
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING THE POND? NA
WHAT IS THE EXPECTED POND SURFACE AREA? NA
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH B-1/2" X 11" DRAWINGS):
Placement of 54" D.O.T. approved galvanized pipe in channel. Placement of etone beneath pipe and clean earthen fill
material on top.
13. PURPOSE OF PROPOSED WORK:
To facilitate expanoion of existing burinee6 and normal transaction activitieb connected therein.
14% OTAlb itGAJV1V.7 vvnz IT 10 13 "IV4L) TnAT '1'111.7 At.TIV1'lI Mubx z3 l.A1t1t1C.L VVx
IN WETLANDS (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
Activity has already taken place. Applicant was unaware of requirement to obatin 401 certification prior to
construction. Pipe and junction boxes DOT approved. Remaining portion of etream grassed and seeded to prevent
Sediment inclusion. '
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS)
AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
SPECIES OR CRITCIAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
OF ANY FEDERALLY LISTED OR PROSED FOR LISTING ENDANGERED OR THREATEDNED
PROPOSED PROJECT. DATE CONTACTED.
Yes - 3.2.99
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO)
REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE
AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED:
Yes - 3.2..99
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
No
A. IF YES DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
No
B. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
NA
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, N.C. DEPT.
OF ADMINISTARTION, 116 W. JONES ST., RALEIGH, N.C. 27603-8003
TELEPHONE [phone].
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PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED FILL MATERIAL
INTO WETLANDS:
A. WETLAND DELINEATION MAP.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS
TO BE IMPACTED BY PROJECT.
C. ALL RELEVANT DATA SHEETS
D. ATTACH COPY OF STORMWATER MANGEMENT PLAN IF REQUIRED.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY?
Rural/Agricultural
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
NA
G. SIGNED AND DATED 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 20 COASTAL COUNTIES ONLY), A LETTER FROM THE N.C.
DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE N.C. COASTAL MANAGEMENT PROGRAM.
OWNER'S/AGENT' SIGNATUR?j
AGENTS SIGNATURE VALID ONLY IF AUTHORIZATION
?5' 1. oo
DATE
LETTER FROM OWNER IS PROVIDED.
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06/01/00 THU 10:50 FAX [phone] MITCHELL & ASSOC. [IM001
W
?It?l ijft??I7 •
Mitchell As?tciates, Inc.
ENVIRONMN,r °AL 'CO`NSULTANTS
113 West 3rd St. • GreenvN .G' _k ,.$5&* 25;752.4077 • Fax: [phone]
dk :Y, x
3975 Market St. Bldg. D Suite A • VImmgt I
b;}C. 284b3?? 910.254.0602 0 Fax: [phone]
F ? Y
TO: John Dorney
FROM: Elena Trapani
)e(-^-
DATE: June 19 2000
5L--
RE: Letter from James Taylor concerning Mr. Villari
Please contact James Taylor with any questions regarding this letter.
The original letter will also be mailed to you.
Sincerely,
Elena Trap
06/01/00 THU 10:50 FAX [phone] MITCHELL & ASSOC. 10002
C . -%
Mitchell an
ENVIRONM
113 West 3rd St. • Greei
3975 Market Street, Bldg. D, Suite A
AInc.
?-IALFrc,QNSULTANTS
N.C.°"27$5 0 25412.4077 0 Fax: 252,752.7380
llmin¢?d?tTN.C. 28903 •910.254.0602 0 Fax: [phone]
May 31, 2000
John Dorney
Division of Water Quality
Department of Environment and Natural Resources
1621 Mail Service Center
Raleigh, North Carolina 27699
Dear Mr. Dorney:
This letter is in response to your office's request for alternatives analysis for 401 Certification for
Southern Packing's after-the-fact permit application that has received the 404 permit from the
United States Army Corps of Engineers ("USACOE").
Mr. Villari indicates several alternatives were considered to the proposed culverting of the
unnamed tributary:
1. No action, which would involve immediate and continued sedimentation and pollution to
the unnamed tributary;
2. Placing fill material in the tributary, which would prevented the natural flow of the
tributary; and
3. Movin; to a different site, which was not feasible;
Mr. Villari culverted only that portion of the tributary required to prevent project activity from
causing continued and future sedimentation, erosion, tu,u puiiution that would directly affect the
unnamed tributary.
Mr. Villari understands mitigation is required and is willing to purchase credits from an
established mitigation bank or form the State's Wetland Restoration Group.
Mitchell & Associates, Inc., appreciates your time and attention to this matter. Please contact my
office upon receipt of this letter so that we may answer any questions and receive notice of the
application's consideration.
SincYay1or
J
Mitchell and Associates, Inc.
ENVIRONMENTAL CONSULTANTS
113 West 3rd St. • Greenville, N.C. 27'$58 0 252:752.4077 0 Fax: [phone]
3975 Market Street, Bldg. D, Suite A 0 Wilmingwi , N.C. 28403 0 910.254.0602 0 Fax: [phone]
niltcheftmitchell-assoJates.urg
June 11, 2000
John Dorney
Division of Water Quality
Department of Environment and Natural Resources
1621 Mail Service Center
Raleigh, North Carolina 27699
Dear Mr. Dorney:
I have been asked to forward the enclosed letter to you from Mr. Joe Villari of Southern Packing.
Although Mitchell & Associates, Inc., was not involved with the preparation of the document,
feel free to call our office if you have any questions.
!6
J1 JUN 1 6 i(1(lfl

REASONS FOR PUTTING A CULVERT IN AT SOUTHERN PACKING
PROCESSING PLANT
1. SAFETY
• ENVIRONMENTAL SAFETY - PLANT AND PLANT WASTE
TREATMENT SYSTEM WOULD BORDER THE STREAM. WITH A
CULVERT IN PLACE, THIS WOULD NOT ALLOW ANY
UNINTENTIONAL SPILLS TO ENTER THE STREAM.
• EMPLOYEE SAFETY - FROM THE PARKING LOT LOCATION, THE
EMPLOYEES WOULD HAVE TO WALK ON THE ROAD TO ENTER
THE PLANT.
• TRUCK TRAFFIC -- TO ENABLE US TO EXPAND OUR DRIVEWAYS,
IT WOULD ALLOW TRUCKS TO ENTER AND EXIT SAFER DUE TO A
CURVE IN THE ROAD APPROXIMATELY 600 FEET EAST OF THE
PLANT. THE TRUCKS WOULD NOT HAVE TO BACK DIRECTLY OFF
THE ROAD, INSTEAD THEY COULD PULL IN AND TURN AROUND
ON THE PROPF,RTY.
Il. PLLANT EXPANSION
• THREE PARTS OF THE CULVERT WILL BE PAVED SO TRUCKS CAN
BACK UP NEXT TO THE PLANT FOR UNLOADING RAW MATERIALS
AND LOADING THE FINISHED PRODUCT.
• CULVERT BORDERS THE ENTIRE EAST SIDE OF THE PLANT.
BECAUSE OF UNAVAILABLE LAND ON THE WEST SIDE OF TIIE
PLANT, THE ONLY EXPANSION IS ON TILL EAST SIDE OF THE
PLANT,
III. STORMWATER AND SEDIMENTATION
• THE CULVERT WILL ALLOW US TO BETTER PREVENT
SURROUNDING GROUNDWATER FROM FLOWING DIRECTLY INTO
THE STREAM. IT WILL ALLOW WATER TO SHEET FLOW TO THESE
AREAS.
• BY ALLOWING US TO ELEVATE SOIL OVER THE TOP OF THE
CULVERT, WE CAN BETTER PREVENT EROSION AROUND THE
SURROUNDING BUILDINGS.
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NOTE OF CONCERN
A NOTE OF CONCERN.. WE WERE IN TOUCH WITH TWO STATE OFFICES,
FIRST WITH THE SOIL CONSERVATION SERVICE IN KF,NANSVILLE, NC IN
1996. THEY TOLD US WE NEEDED TO TALK TO THE DEPARTMENT OF
TRANSPORTATION. WE CONTACTED THE DEPARTMENT OF
TRANSPORTATION. MR. EZZELL, THE CONTACT PERSON AT THE TIME,
CAME OUT TO THF, SIGHT HE SIZED THE PIPE AND TOLD US THE
PARAMETERS OF THE JUNCTION BOX NEEDED TO NOOK UP TO HIS PIPE.
LATER AT THE COMPLETTION OF THE JUNCTION BOY., HE CAME OUT TO
INSPECT OUR WORK. ALL WAS FINE. AT NO TIME DID EITHER AGENCY
INDICATE A PERMIT OF ANY TYPE WAS MANDATORY. PRIOR TO THF,
COMPLETION OF OUR PROJECT, THE SAME TYPE OF WORK WAS
COMPLETED ON THE PROPERTY OF THE FIRST HOUSE WEST OF OUR
PLANT. I BELIEVE THF, DEPARTMENT OF TRANSPORTATION PROVIDED
THE LABOR AND EQUIPMENT; THE RESIDENT SUPPLIED THE PIPE.
THE LENGTH OF THE CULVERT IS S iMILAR.
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06/12/00 MON 10:48 FAX [phone] MITCHELL & ASSOC. V00 A /b io001
FAX TRANSMISSION
TO: John Dorney
FAX NO.: [phone]
SUBJECT: Culvert at Southern Packing plant.
DATE: June 12, 2000
PAGES: 5 ( including cover)
COMMENTS: A copy of this material is also being sent to you in
the mail at this time.
From the desk 3f___
Joey Lawler
Wetlands Biolt)gist
Mitchell & Ass(ciates, Inc.
113 West 3rd:: street
M MITCHELL & ASSOCIATES, INC. Greenville, N.C. 27858
ENVIRONMENTAL CONSULTANTS 252.752.4077
Fx: 252.752.7: 30
?sssstss
06/12/00 MON 10:49 FAX [phone] MITCHELL & ASSOC. 10002
Mitchell a:
ENVIRONM
Ciates, Inc.
C NSULTANTS
113 West 3rd St. 40 Greenvi ', N.C. • 225? 2.4077 * Fax: [phone]
3975 Market Street, Bldg. D, Suite A n ` NC• 910.254.0602 40 Fax: [phone]
mi ell. X18
June 11, 2000
John Domey
Division of Water Quality
Department of Environment and Natural Resources
1621 Mail Service Center
Raleigh, North Carolina 27699
Dear Mr. Domey:
I have been asked to forward the enclosed letter to you from Mr. Joe Villari of Southern Packing.
Although Mitchell & Associates, Inc., was not involved with the preparation of the document,
feel free to call our office if you have any questions.
06/12/00 MON 10:99 FAR 9197527380 MITCHELL & ASSOC.
1.
II.
III.
REASONS FOR PUTTING} A CULVERT IN AT SOUTHERN PACKING
PROCESSING PLANT
SAFETY
• ENVIRONMENTAL SAFETY - PLANT AND PLANT WASTE
TREATMENT SYSTEM WOULD BORDER THE STREAM, WITH A
CULVERT IN PLACE, THIS WOULD NOT ALLOW ANY
UNINTENTIONAL SPILLS TO ENTER THE STREAM.
a EMPLOYEE SAFETY - FROM THE PARKING LOT LOCATION, THE
EMPLOYEES WOULD HAVF TO urA T V OV THE ROAD TO ENTER
THE PLANT.
• TRUCK TRAFFIC - TO ENABLE US TO EXPAND OUR DRIVEWAYS,
IT WOULD ALLOW TRUCKS TO ENTER AND EXIT SAFER DUE TO A
CURVE IN THE ROAD APPROXIMATELY 600 FEET EAST OF THE
PLANT. THE TRUCKS WOULD NOT HAVE TO BACK DIRECTLY OFF'
THE ROAD, INSTEAD THEY COULD PULL IN AND TURN AROUND
ON THE PROPERTY.
PLANT EXPANSLION
• THREE PARTS OF THE CULVERT WILL BE PAVED SO TRUCKS CAN
BACK UP NEXT TO THE PLANT FOR UNLOADING RAW MATERIALS
AND LOADING THE FINISHED PRODUCT.
• CULVERT BORDERS THE ENTIRE EAST SIDE OF THE PLANT.
BECAUSE OF UNAVAILABLE LAND ON THE WEST SIDE OF THE
PLANT, THE ONLY EXPANSION IS ON THE EAST SIDE OF THE
PLANT.
STORMWATER AND SEDIMENTATION
• THE CULVERT WILL ALLOW US TO BETTER PREVENT
SURROUNDING GROUNDWA i ii, . „„a,, iLOWING DIRECTLY INTO
THE STREAM, IT WILL ALLOW WATER TO SHEET FLOW TO THESE
AREAS.
BY ALLOWING US TO ELEVATE SOIL OVER THE TOP OF THE
CULVERT, WE CAN BETTER PREVENT EROSION AROUND THE
SURROUNDING BUILDINGS.
Q003
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06/12/00 MON 10:50 FAX [phone] MITCHELL & ASSOC. 40004
NOTE OF CONCERN
A NOTE OF CONCERN: WE WERE IN TOUC.N WITH TWO STATE OFFICES,
FIRST WITH THE SOIL CONSERVATION SERVICE IN KEN_ANSVILLE, NC IN
1996. THEY TOLD US WE NEEDED TO TALK TO THE DEPARTMENT OF
TRANSPORTATION. WE CONTACTED THE DEPARTMENT OF
TRANSPORTATION. MR. EZZELL, THE CONTACT PERSON AT THE TIME,
CAiIVE OUT TO THE SIGHT. HE SIRED ? ND TOLD US THE
PARAMETERS OF THE JUNCTION BOX NEEDED TO HOOK UP TO HIS PIPE.
LATER AT THE COMPLETTION OF THE JUNCTION BOX, HE CAME OUT TO
INSPECT OUR WORK. ALL WAS FINE. AT NO TIME DID EITHER AGENCY
INDICATE A PERMIT OF ANY TYPE WAS MANDATORY, PRIOR TO THE
COMPLETION OF OUR PROJECT, THE SAME TYPE OF WORK WAS
COMPLETED ON THE PROPERTY OF THE FIRST HOUSE WEST OF OUR
PLANT. I BELIEVE THE DEPARTMENT OF TRANSPORTATION PROVIDED
THE LABOR AND EQUIPMENT; THE RESIDENT SUPPLIED THE PIPE.
THE LENGTH OF THE CULVERT IS SMULAR.
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06/12/00 MON 10:50 FAX [phone] MITCHELL & ASSOC. 10005
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MEMORANDUM
TO: John Dorney Regional Contact: J, Steenhpis
Non-Discharge Branch WO Supervisor:
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Southern Packing, Inc County Duplin
Project Number 00 0278 County2
Recvd From APP Region Wilmington
Received Date 3/6/00 Recvd By Region
Project Type pipeline
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
26 F_-[WO N F_ 18-68-2-6 F _c SW 30,619. 0.03 F_ F- F-
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
Is Mitigation required? 0 Y 0 N Recommendation: 10 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss) 350022 Longitude (ddmmss) 780721
Comments:
The project needs to have mitigation proposed Danny Smith R Joanne Steenhuis checked out the
stream ahoye R below the impact site do reflect a difference in amount of brotia.
cc: Regional Office Page Number 1
Central Office
MEMORANDUM
TO: John Dorney Regional Contact: J. Steenhuis
Non-Discharge Branch WO Supervisor: Birk Shiver
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Southern Packing, Inc County Duplin
Project Number 00 0278 County2
Recvd From APP Region Wilmington
Received Date 3/6/00 Recvd By Region
Project Type pipeline
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME_
26 Stream O YO N r- 18-68-2-6 ?- SW 30,619. _003F_ I - I-
Mitigation Wetland
MitigationType Type Acres Feet
Stream WRP Stream ?- 260.00
F_ F_
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
Is Mitigation required? 0 Y 0 N
Recommendation: 6 Issue 0 ISSue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) 350022 Longitude (ddmmss) 780721
Comments:
The pro-ject needs to have mitigation proposed, Danny Smith R Joanne Steenhuis checked out the
stream ahwe & below the impact site do reflect a difference in amount of brotia.
cc: Regional Office
Central Office Page Number 1
Facility Name Southern Packing, Inc County Duplin
Project Number 00 0278 Regional Contact: J. Steenhuis
Date: 4/21/2000
Comments (continued from page 1):
cc: Regional Office
Central Office Page Number 2
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
Southern Parking, Inc.
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
S & J Villari
892 Penny Branch Road
Warsaw, NC 28398
Dear Sirs:
1kTWAA
1 • •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 3, 2000
DWQ Project # 000278
Duplin County
The Division of Water Quality has reviewed your plans for the discharge of fill material into 260
linear feet of streams located at NC 1341 near Warsaw, NC in Duplin County for industrial expansion as
described in your application dated February 29, 2000. Insufficient evidence is present in our files to
conclude that your project must be built as planned in waters and/or wetlands in accordance with 15A
NCAC 2H .0506. Therefore, unless modifications of the proposal are made as described below, we will
have to move toward denial of your 401 Certification as required by 15A NCAC 2H .0507(e) and will place
this project on hold as incomplete until we receive this additional information, we are requesting (by copy
of this letter) that the U.S. Army Corps of Engineers place your project on administrative hold.
Please provide us with information supporting your position that states your project must be
constructed as planned and that you have no practicable alternative to placing fill in these waters and/or
wetlands. Specifically can you provide mitigation and on-site stormwater management for the new
development? Any documentation such as maps and narrative that you can supply to address alternative
designs for your project may be helpful in our review of your 401 Certification. Also this project will
require stream compensatory mitigation as described in 15A NCAC 2H .0506(h). Your mitigation proposal
is insufficient because none was proposed.
Please respond within three weeks of the date of this letter by sending a copy of this information to
me and to the Joanne Steenhuis, Wilmington Regional Office at [phone]. If we do not hear from you
in three weeks, we will assume that you no longer want to pursue this project and we will consider the
project as withdrawn. I can be reached at 919-733-9646 if you have any questions.
cerel ,
R. Dorney
cc: Wilmington DWQ Regional Office `
Wilmington Field Office Corps of Engineers
Central Files
File Copy
Joey Lawler; Mitchell & Associates
Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27669-1621
Telephone [phone]FAX # [phone]
An Equal Opportunity Affirmative Action Employer
50% recycled/10% post consumer paper
Mitchell anAssrciates Inc.
ENVIR014K" N '?41? CONSULTANTS
113 West 3rd St. • Greenvi N.C. 04'„, 0252 72.4077 • Fax: [phone]
1121 South Front St. • Wilmi on, N.6 1 1 O 1i'Id.254.0602 • Fax: [phone]
mit tiirnitc?lell-assbdates.brg
e
February 29, 2000 O 0 n 2.7O
Mr. John Dorney
Water Quality Certification N01133S A1?VIT,
N.C. Department of Environmental Management anoas sarlrnl.3M
d°??-----Post Office Box 29535
Raleigh, North Carolina 27626-0535 9 WW
Dear Mr. Dorney:
Mitchell & Associates, Inc. would like to submit an application for placement of fill material
within wetlands on behalf of Southern Packing, Inc. The subject property is located north of
NCSR 1341, approximately 2000' northwest of the junction of NCSR 1341 and NCSR 1340,
near the town of Warsaw, Duplin County, North Carolina.
The applican"as place 54" galvanized pipe in approximately 260' of an unnamed tributary
of Turkey Creek, and with the accompanying fill material, impacted approximately 0.0298
acres of jurisdictional wetlands. My client was unaware of the requirement to obtain a 401
certification at the time of this activity, and as a result, is submitting this application "after the
fact".
During the implementation of this activity, my client took efforts to ensure that additional
sediment did not enter the remaining portion of the creek, or any area other than that
required for the expansion of his existing business was adversely impacted.
The U.S. Army Corps of Engineers has also been provide with copies of this completed
construction notification.
By copy of this correspondence and completed construction notification, I am requesting that
you grant my client the necessary 401 certification in accordance with this Nationwide 26
permit request, Thank you for your time and consideration of this matter. If you have any
additional questions or comments, please fell free to give me a call.
Sincere ,
Joey L
Mitchell & Associates, Inc.
PAYMENT
RECEIVED