20020856 Ver 1_COMPLETE FILE_20020530

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June 12, 2002
Robeson County
DWQ Project #: 02-0856
APPROVAL OF 40IQuality Certification with ADDITIONAL CONDITIONS
Jim Emery
Deep Branch Volunteer Fire Dept.
507 Pine Log Road
Lumberton, NC 28360
Dear Mr. Emery:
You have our approval, in accordance with the attached conditions, to place fill material in 0.21
acres of wetlands or waters for the purpose of expanding the Deep Branch Volunteer Fire Dept. at SR
1550 and SR 1339 as you described in your application dated May 20, 2002. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Number
3362, which may be viewed on our website at http•//h2o enr.state.nc.us/ncwetlands. This certification
allows you to use General Permit Number 39 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 of- in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the
corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For
this approval to be valid, you must follow the conditions listed in the attached certification and any
additional conditions listed below.
William G. Ross Jr., Sec
North Carolina Department of Environment and Natural Reso
Alan W. Klimek, P.E., I
Division of Water
I . Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the work included in the 401
Certification has been completed. The responsible party shall complete the attached form and
return it to the 401/Wetlands Unit of the Division of Water Quality.
2. If total wetland impact for this project exceeds one-third acre, then on-site stormwater
management will be required for all impervious surfaces from this and future projects
3. Deed notifications or similar mechanisms shall be placed on all remaining jurisdictional
wetlands and waters or areas within 50 feet of all streams and ponds 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).
OCR
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.uslncwetlands
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, 11.0. 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 Dorney at 919-733-1786 or Ken Averitte
at our Fayetteville Reqion? l Office at 910-486-1541.
Sinccri Iv.
a ? . klimek, P.E., Direc or
Attachments
cc: Corps of Engineers Wilmington, Field Office
Fayetteville DWQ Regional Office
File copy
Central Files
507 PINBLOO ROAD
L,UMBERTON, NC 28360
PHONE: [phone]
,l'f"Jl FAX: [phone]
221
. + EMAIL- dbvf'd(d)schoollink.net
DEEP BRANCH VOL. FIRE DEPT.
May 28, 2002
O '" ?j p 4 l5 [/
??j" A TTND:IVIS
4011 WETL NDSEUNIT QUALITY
1650 MAIL SERVICE UNIT u fu'??
RALEIGH, NORTH CAROLINA 27699-1650 3y '
WA'I- --.-::.OUAl11Y S CTp
SUBJECT: WATER QUALITY CERTIFICATION
SIR,
THE DEEP BRANCH VOLUNTEER FIRE DEPARTMENT REQUESTS A WATER
QUALITY CERTIFICATION FOR THE PURPOSE OF FILLING.21 ACRES OF
WETLANDS. A GENERAL PERMIT HAS BEEN OBTAINED FROM THE U.S. ARMY
CORPS OF ENGINEERS.
ATTACHED ARE COPIES OF NOTIFICATION OF JURISDICTIONAL DETERMINATION
LETTER, US ARMY CORPS OF ENGINEER GENERAL PERMIT AND APPLICATION
FORM FOR WATER QUALITY CERTIFICATION.
WE WOULD APPRECIATE YOUR EARLIEST CONSIDERATION IN THIS MATTER DUE
TO THE CURRENT AVAILABILITY OF SOIL FROM THE N.C. DEPARTMENT OF
TRANSPORTATION.
ALSO ENCLOSED IS CHECK IN THE AMOUNT OF $200.00.
CONTACT PERSON: JIM EMERY, 910-738-4124
SINCERELY,
UC A
PRESIDENT
k
NHY-23.2002 13: 30 FROM: DWQ-WETLRt IDS 9197336693
Office Use Only:
USACE Action 1D No. DWQ No.
TO:09107392221 P.5"12
Form vcr31on October 2001
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. ftocening
1. Check all of the approval(s) requested for this project:
Section 404 Permit
Section 10 Permit
401 Water Quality Certification
? Riparian or Watershed Buffer Rules
Nationwide, Regional or General Permit Number(s) Requested. !L(Z
3. If this notification is solely a courtesy copy bocause written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VM - Mitigation), check here: ?
)(i. Applkant Information
1. Owner/Applicant Information
Telephone Number: 4!0 23 oZaa2( Fax Number. - ?d
E-mail Address: xFNd#,-I k-czy
2. Agent Information (A sighed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: c- t en e- o Y
Company Affiliation:
Mailing Address: SO 7 "c
Telephone Number: U -32?- •'Y d Y Fax Number.
E-mail Address: ?/!??i/F2Y $m ADV . /?aN1
Page 5 of 12
19HY-23-2002 13:30 FROM: G14O41ETLHt if)S 9197336093
M. Project Information
T0: s9107342221 P: E, 12
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity neap
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boun.darics outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept papcrwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans- If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold uiatil decipherable maps are provided.
1. Name of pxoject:F' Q,oC ts4i(•hk ,??? f a«
2. T.I.P. Project Number or State Project Number (NCDOT Only): _'?!
3. Property Identification Number (Tax PIN):
4. Location
County: 'eO 11,41B-Al Nearest Town: Luw?cv? ,c
Subdivision name (include phase/lot number):
Diryctions.to site (include road numbers, landmarks, etc.):
5. Site coordinates, if available (UTM or Lavl ong):
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct wateirbody.)
6. Describe the existing land use
/.of cogdition of the site at the time of this application

7. Property size (acres): , 75- 'a c r e-s
8. Nearest body of water (stream/river/sound/oceantlake): L40i ylerQ tlee
9. River Basin: Z&- D-
(Note - this mast be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at httu:/ h2n.enr.state.nc.us/adttu.i>/?naavsl.)
Page 6 of 12
PIRY-2372002 13:30 FROM:DWQ-b1ETLHI11iS 9197336893
1V.
V.
TO:89107392221 P:7.12
10. Describe the purpose of the work: _t.5'
proposed o 77&ls .(ouJ eA '?70
11. List the type of equipment to be used to construct the project:
12. Describe the land use in the vicinity of this project:-
Prior Project History
If jurisdictional determinations and/or permits have been reque:sted and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USAGE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NC'DOT project,
list and describe permits issued for prior segments of the same T.I.P_ project, along with
construction schedules.
Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work frorn the current application:
Vl.
Proposed Impacts to Waters of the United States(Waters of the State
It is the applicant's (or agent's) ticsponsibility to determine, delineate and map all impacts to
wctlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying, site
plan. All wctlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation farms should be hicluded as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
MAY-23-2002 13:30 FROM: [1l40-WETLRXj 919773h893 T0: 091017392221 P: 0' 12
1. Wetland Impacts
Wetland Impact
Sitc Number
(Indicatc on ma)
Type of lmpact* Area of
Impact
acres Located Within
100-year Floodplain **
estiso) Distance to
Nearest Stream
)iuear feet
Type of Rledand**,"

UAt each impact separately and identify temporary impacts. Impacts include. but are not limited to: mechanized clearing, grading, fiU.
cxeavation. flooding, ditchingltlralnage, etc. For darns, separawly list impacts due to both stntchac and flooding.
*• 100-Year floodplains arc idcntifled through the Federal Emergency Management Agency's (FEIvlA) Flood Insurance Rau Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Scrvice Center at 1-800-358-9616. or
online at lip:/lwww.fcttta.t=_ov.
** List a wetland type that best describes wetland to be impacted (e.g.. fl shwaterfsal.twow marsh. forested wetland, bcavcr pond-
Carolina say. bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: ;'3 O-cre°s
Total area of wetland impact proposed: -V acr o s
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
indicate on ma
Type of Impact* Length of
Impact
(linear fort
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermirtetit?

eci
specift)

• List each impact separately and identify temporary impacts, Impacts include, but are not linilted to: culverts tend associated rip-rap.
dams (gepwxfely list impacts due to both sttucturc and flooding), relaadon (include linear feet before and after, and net loss/gain).
stabilization activities (cement wall, rip-mp, crib wall, Sabiorm etc,), excavation, ditching/strsightening, etc, if stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed rdbutwy) to the nearest
timmstmam named stream into which it flows. USQS mates are availAble through the L1St3S at 1-SW3158-9616. or online at
www.usas.aov. Several iotcmct sites also allow direct download and printing of USGS maps (e.g., wwwj*p2zone.eom,
yyWXMINNyCHLOpp, cte.),
Cumulative impacts (linear distance in feet) to all streams on site:
Page 8of12
11AY-23-2002 13:31 FRO11:D14Q-WETLANDS 9197336893 TO:0910739c221 P: 9, 12
3. Open Water Impacts, including Lakes, Ponde, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U_S_
Opcn Water Impact
Site Number

indicatc on ma
Type of Impact* Area of
tmPact

(aLres
Name of Watble) y

(if:tpplicale) Type of Waterbody

(lake, pond, ostuar7, sound,

bs ocean, etc.)

Ust caetx impact Separately and Identity temporary hTg%crb. Impacts include. buc are not limited to: fill, excavation, dredging.
flooding, drainage. bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also. the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands 0stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g.. livestock watering, iiTigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Sizc of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Mnimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constn-?ints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and cxpl{ain why these design options were not feasible. Also discuss how impacts
were minimi ed vtx:c the dc;sired site plan was developed. If applicable, discuss construction
tcehniqt!qs to be followed during construction to reduce impacts.

le
Vlll. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acme of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streaM.
Page 9 of 12
HHY-23-2002 13:31 FRO[rI:DWQ-WETLHi11S 9197336093 T0:09107392221 F:10'12
USACE -- In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the'Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered ill determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited ro. reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
httv:l/b2o,cnr.state.nc.us/ncw,,-tiand,5/strm,zidc.htrnl.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as touch information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., decd restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401,/Wetlands Unit if payment into the
NCWR.P is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website. at hU.-a2o.etir.srac?.nc.uY_WQ DdMbtm. if
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
HAY-2372042 13:31 FR011:1M0-14ETLHHC1S 9197336893 T0:89107392221 P:11-,12
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
rcquirements of the National or North Carolina Environmental Policy Act (NEPAISEPA)?
Note: if you arc not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If ycs, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicants (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above- All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DW+Q
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Ncusc), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2.13 .0250 (Randleman Rules and
Water Supply Buffer Requr ents), or other (please identify )?
Yes ? No If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
7nne* impact
(Square feet Multiplier Requinod
Miti anon
1 3
2 1.5
Total
* Zone 1 tntends out 30 feet perpendicular ftom neu bank of cheencI: Zone 2 extends an
addidanal 20 feet from the edge of Zone ).
Page 11 of 12
HAY-23-2002 13:32 FR011:Cd40-WETLAN1)S 9197336093 TO:89107392221 F:12.12
If buffer mitigation is inquired, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffcr Restoration I Enhancement, Preservation or
Payment into the Riparian Buffcr Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
Xl.
XU.
Stormawacer (DWQ Only)
Describe
Discuss
impervious acreage
starmwater controls
am from the property.
(both existing and proposed) versus total acreage on the site.
Proposed in order to protect surface waters and wetlands
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generate from the proposed project, or available capacity of the subject facility.

XM- Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes (1 No
XIV. Other Circumstances (Optional):
It is the. applicants responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However-, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
C

's Sisnature' Date
re is valid only if aauthorization letter from the applicant is provided.)
Page 12 of 12
Sewage Disposal {DWQ Uniy)

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200200305 County: Robeson Quad: SW Lumberton
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property owner: Deep Branch Volunteer Fire Department
Address: 507 Pine Log Road
Lumberton, NC 28360
'T'elephone Nod ? f,
Zone: 17
UT111: North: 3816899 East: 665775
Size and Location of Property (waterbody, Highway name/number, town, etc.): Property is located at 3199 Deep
Branch Road, in wetlands adjacent to the Lumber River, west of Lumberton, Robeson County, North Carolina.
Description of Activity: Placement of fill in .021 acres of wetlands for expansion of Deep Branch Fire Department.
Applicable Law: _X_ Section 404 (Clean Water Act, 33 U.S.C. 1344)
(check all that apply) Section 10 (River and Harbors Act of 1899)
Authorization: Nationwide Permit Number 39
Your work is authorized by this Nationwide Permit (NWP) provided it is accomplished in strict accordance with
the attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block
above is checked), before beginning work you must also receive a Section 401 water quality certification from the
N.C. Division of Environmental Management, telephone [phone]. For any activity within the twenty coastal
counties, before beginning work you must contact the N.C. Division of Coastal Management, telephone [phone].
Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of die conditions of
the RGP or the NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or
appropriate legal action.
'l-his Department of the Army RGP or N''VP verification does not relieve the perrnittee of the responsibility to obtain any
other required Federal, State, or local approvals/permits. The pernlittee may need to contact appropriate State and local
agencies before beginning work.
If there are any questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact the Corps Regulatory Official specified below.
Date: May 8, 2002
Corps Regulatory Official: Troy Beasley Telephone No.: [phone]
Expiration Date of Verification: March 17, 2007
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Form 591
Revised July 1995
aL,02
LUMBER
Pi O
.q,.r 6p A O
W
'C2s$ Sye 'p/GyTL.Jt? l 9
\ 4P
? X
CP
A o
? e? L s,? •.?? •ti Q°T S?
?? 6 P D a(Q `?L 's?9 B T ?GLb
4? o #?
5
9A ?t• o a ??'? 0°y
gbCb. + p °
O? ?? Fy 0 ?? TRAVERSE TABLE
A-B S 76°40'16'E 26.62'
SAC B-C S 27°0942E 33.83'
TI TL E REF. 2? FS C-o S 28,26,26,E 33.55'
D-E S 2/*5/'32'W 41.29'
DEED BOOK l 107 PG. 292 E-F S 08138'33'W 37.37'
F-G S 32134'01'E 33.60'
G-H S 29111'57£ 41.53'
H-1 S 12136'50"W 35.09'
/-? S 31 °07'36'W 58. l0'
'TAp catl/les that this copy of this plot accurately dopicli rho boundary Of 'be
jurisdiction of Section 404 of rho Clean Warer Act as determined by IAo undorsignod on ?-K N 54100''07'W 95.72'
this dote. Unless Mere is a change In rho taw or our published regulations, this zcerd K-L N 03115'3) 'W 36.30'
dororminarion of Section 404 jurisdiction may be rolled goon for o period not to
e .67'
live yoon from this dare. This dojo mbwtlon Was mode utilizing rho 1987 Corps of L_M N /0°40'59"E 51
£ny/ eers WoNonds eg ration M uo6' M_N
N-0 N N 14°1925'W l4°47'07'W 42. 33.9673'
??
'
Sl ATURE TITLE J " 0-A N 36 1001E 88. 79'
SURVEY FOR DEEP BRANCH VOLUNTEER FIRE DEPARTMENT, INC.
PEMBROKE TOWNSHIP ROBESON COUNTY NORTH MARCH CAROL I NA 2001 „ _ l 100 200 300 REVISED l9 MARCH 2002
/00 0
/
GRAPHIC SCALE - FEET _ ???>tTC? ?y
CAROC
ALL DISTANCES HORIZONTAL 9
1/10,000+ L PH ILL IP S. CULBRETH, R.L.S. KAL
?d 42T PINELOG ROAD E.eK
LUNBERTON, N.C. 28360
i TEL. [phone]
a PBC R N.C. REG. NO, L-2662
S. C. REG. NO. 9179 /P B. CVV t .A
r0?rse-?o , . ?.
d
1, ? . 1\ \ ,In 1?
7

Federal Register / Vol. 67, No. 10/Tuesday, January 15, 2002/Notices 2085
'T'emporary fill must be entirely removed
to upland areas, or dredged material
returned to its original location,
following completion of the
construction activity, and the affected
areas must be restored to the pre-project
conditions. Cofferdams cannot be used
to dewater wetlands or other aquatic
areas to change their use. Structures left
in place after cofferdams are removed
require a Section 10 permit if located in
navigable waters of the U.S. (See 33 CFR
part 322). The permittee must notify the
District Engineer in accordance with the
"Notification" General Condition. The
notification must also include a
-stouation plan of reasonable measures
to avoid and minimize adverse effects to
aquatic resources. The District Engineer
ill ,idd Special Conditions, where
necessary, to ensure environmental
adverse effects is minimal. Such
conditions may include: limiting the
temporary work to the minimum
necessary; requiring seasonal
restrictions; modifying the restoration
plan; and requiring alternative
construction methods (e.g. construction
inats in wetlands where practicable.).
(Sections 10 and 404)
34. Cranberry Production Activities.
Discharges of dredged or fill material for
dikes, berms, pumps, water control
structures or leveling of cranberry beds
associated with expansion,
enhancement, or modification activities
at existing cranberry production
operations provided that the activity
meets all of the following criteria-
a. ']'Ile cumulative total acreage of
disturbance per cranberry production
operation, including but not limited to,
filling, flooding, ditching, or clearing,
does not exceed 10 acres of waters of the
U.S., including wetlands;
b. The perinittee notifies the District
Engineer in accordance with the
"1otification" General Condition. The
notification must include a delineation
of affected special aquatic sites,
including wetlands; and,
c. The activity does not result in a net
!oss of wetland acreage. This NWP does
:lot authorize any discharge of dreclged
)r fill material related to other cranberry
production activities such as
'.warehouses, processing facilities, or
parking areas. For the purposes of this
N1VP, the cumulative total of 10 acres
will he measured over the period that
this N%VP is valid. (Section 404)
35. A,Iointenonce Dredging of Existing
Bao;ins, Exravation and removal of
aCCUfnulated sediment for maintenance
of existing inarina basins, access
channels to marinas or boat slips, and
boat slip:; to previously authorized
depths or controlling depths for ingress/
e.-ress, whichever is less, provided the
dredged material is disposed of at an
upland site and proper siltation controls
are used. (Section 10)
36. Boat Ramps. Activities required
for the construction of boat ramps
provided:
a. The discharge into waters of the
U.S. does not exceed 50 cubic yards of
concrete, rock, crushed stone or gravel
into forms, or placement of pre-cast
concrete planks or slabs. (Unsuitable
material that causes unacceptable
chemical pollution or is structurally
unstable is not authorized);
b. The boat ramp does not exceed 20
feet in width;
c. The base material is crushed stone,
gravel or other suitable material;
cf. The excavation is limited to the
area necessary for site preparation and
all excavated material is removed to the
upland; and,
e. No material is placed in special
aquatic sites, including wetlands.
Another NWP, Regional General
Permit, or Individual Permit may
authorize dredging to provide access to
the boat ramp after obtaining a Section
10 if located in navigable waters of the
U.S. (Sections 10 and 404)
37. Emergency Watershed Protection
and Rehabilitation. Work done by or
funded by:
a. The NRCS which is a situation
requiring immediate action under its
emergency Watershed Protection
Program (7 CFR part 624); or
b. The USFS under its Burned-Area
Emergency Rehabilitation Handbook
(FSH 509.13); or
c. The DOI for wildland fire
management burned area emergency
stabilization and rehabilitation (DOI
Manual part 620, Ch. 3).
For all of the above provisions, the
District Engineer must be notified in
accordance with the General Condition
13. (Also, see 33 CFR 330.1(e)).
(Sections 10 and 404)
38. Cleanup of Hazardous and 7•oxic
Waste. Specific activities required to
effect the containment, stabilization, or
removal of hazardous or toxic waste
materials that are performed, ordered, or
sponsored by a government agency with
established legal or regulatory authority
provided the permittee notifies the
District Engineer in accordance with the
"Notification" General Condition. For
discharges in special aquatic sites,
including wetlands, the notification
must also include a delineation of
affected special aquatic sites, including
wetlands. Court ordered remedial action
plans or related settlements are also
authorized by this NWP. This NW11 does
not authorize the establishment of new
disposal sites or the expansion of
existing sites used for the disposal of
hazardous or toxic waste. Activities
s undertaken entirely on if
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) site by authority of
CERCLA as approved or required by
EPA, are not required to obtain pci nits
under section 404 of the C%VA or section
10 of the Rivers and Harbo.s Act.
(Sections 10 and 404)
39. Residential, Commercial, and
histitutionol Developments. Discharges
of dredged or fill material into non-tidal
waters of the U S., excluding non-tidal
wetlands adjacent to ticiat waters, for the
construction or expansion of residential,
commercial, and institutional building
foundations and building pads and
attendant features that are necessary for
the use and maintenance of the
structures. Attendant features may
include, but are not limited to, roads,
parking lots, garages, yards, utility line;,
storrnwater management facilities, and
recreation facilities such as
playgrounds, playing fields, and golf
courses (provided the golf course is an
integral part of the residential
development). The construction of li,,w
ski areas or oil and gas wells is not
authorized h this NWP.
Residential developments include
multiple and single unit developments,
Examples of commercial developments
include retail stores, industrial facilities,
restaurants, business parks, and
shopping centers. Examples of
institutional developments include
schools, fire stations, government office
buildings, judicial buildings, public
works buildings, libraries, hospitals,
and places of worship. The activities
listed above are authorized, provided
the activities meet all of the following
criteria:
a. The discharge does not cause the
loss of greater than 1/2-acre of non-tidal
waters of the U.S., excluding non-tidal
wetlands adjacent to tidal waters;
b. The discharge does not cause the
loss of greater than 300 linear-feet of a
strearn bed, unless for interiuittent
stream beds this criterion is waived if..
writing pursuant to a determination by
the District Engineer, as specified
below, that the project complies with all
terms and conditions of this NWP and
that any adverse impacts of the project
on the aquatic environment are
minimal, both individually and
cumulatively;
c. The perinittee must notify the
District Engineer in accordance with
General Condition 13, if any of the
following criteria are filet:
(1) The discharge causes the loss of
greater than 1/1o-acre of non tidal waters
of the US, excluding non-tidal wetlands
adjacent to tidal waters; or
2086 Federal Register/ Vol. 67, No. 10 /Tuesday, January 15, 2002/Notices
(2) The discharge causes the loss of
any open waters, including perennial or
intermittent streams, below the ordinary
hiyh water mark (see Note, below); or
'(3) The discharge causes the loss of
greater than 300 linear feet of
intermittent stream bed. In such case, to
be authorized the District Engineer must
determine that the activity complies
with the other terms and conditions of
the NMI, determine adverse
environmental effects are minimal both
individually and cumulatively, and
waive the limitation on stream impacts
in writing before the permittee may
proceed;
d. For discharges in special aquatic
sites, including wetlands, the
notification must include a delineation
of affected special aquatic sites;
e. The discharge is part of a single and
complete project;
f. The permittee must avoid and
minimize discharges into waters of the
US at the project site to the maximum
extent practicable. The notification,
when required, must include a written
statement explaining how avoidance
and minimization of losses of waters of
the US were achieved on the project
site. Compensatory mitigation will
normally be required to offset the losses
of waters of the US. (See General
Condition 19.) The notification must
also include a compensatory mitigation
proposal for offsetting unavoidable
losses of waters of the US. If an
applicant asserts that the adverse effects
of the project are minimal without
mitigation, then the applicant may
submit justification explaining why
compensatory mitigation should not be
required for the District Engineer's
consideration;
g. When this NWP is used in
conjunction with any other NWT, any
combined total permanent loss of waters
of the US exceeding 1/1o-acre requires
that the permittee notify the District
Engineer in accordance with General
Condition 13;
h. Any work authorized by this NWP
must not cause more than minimal
degradation of water quality or more
than minimal changes to the flow
characteristics of any stream (see
General Conditions 9 and 21);
i. For discharges causing the loss of
'ho-acre or less of waters of the US, the
permittee must submit a report, within
30 days of completion of the work, to
the District Engineer that contains the
following information: (1) The name,
address, and telephone number of the
permittee; (2) The location of the work;
(3) A description of the work; (4) The
type and acreage of the loss of waters of
the US (e.g., 1/12-acre of emergent
wetlands); and (5) The type and acreage
of any compensatory mitigation used to
offset the loss of waters of the US (e.g.,
V12-acre of emergent wetlands created
on-site);
j. If there are any open waters or
streams within the project area, the
permittee will establish and maintain, to
the maximum extent practicable,
wetland or upland vegetated buffers
next to those open waters or streams
consistent with General Condition 19.
Deed restrictions, conservation
easements, protective covenants, or
other means of land conservation and
preservation are required to protect and
maintain the vegetated buffers
established on the project site.
Only residential, commercial, and
institutional activities with structures
on the foundation(s) or building pad(s),
as well as the attendant features, are
authorized by this NWP. The
compensatory mitigation proposal that
is required in paragraph (e) of this NWP
may be either conceptual or detailed.
The wetland or upland vegetated buffer
required in paragraph (i) of this NWP
will be determined on a case-by-case
basis by the District Engineer for
addressing water quality concerns. The
required wetland or upland vegetated
buffer is part of the overall
compensatory mitigation requirement
for this NWP. If the project site was
previously used for agricultural
purposes and the farm owner/operator
used NWP 40 to authorize activities in
waters of the US to increase production
or construct farm buildings, NWP 39
cannot be used by the developer to
authorize additional activities. This is
more than the acreage limit for NVVP 39
impacts to waters of the US (i.e., the
combined acreage loss authorized under
NWPs 39 and 40 cannot exceed 1/2-acre,
see General Condition 15).
Subdivisions: For residential
subdivisions, the aggregate total loss of
waters of US authorized by NWP 39 can
not exceed 1/2-acre. This includes any
loss of waters associated with
development of individual subdivision
lots. (Sections 10 and 404)
Note: Areas where wetland vegetation is
not present should be determined by the
presence or absence of an ordinary high
water mark or bed and bank. Areas that are
waters of the US based on this criterion
would require a PCN although water is
infrequently present in the stream channel
(except for ephemeral waters, which do not
require PCNs).
40. Agricultural Activities. Discharges
of dredged or fill material into non-tidal
waters of the US, excluding non-tidal
wetlands adjacent to tidal waters, for
improving agricultural production and
the construction of building pads for
farm buildings. Authorized activities
include the installation, placement, or
construction of drainage tiles, ditches,
or levees; mechanized land clearing;
land leveling; the relocation of existim;
serviceable drainage ditches constructed
in waters of the US; and similar
activities, provided the permittce
complies with the following tennis and
conditions:
a. For discharges into non-tidal
wetlands to improve agricultural
production, the following criteria must
be met if the permittee is an United
States Department of Agriculture
(USDA) Program participant:
(1) 'rile permittee must obtain a
categorical minimal effects exemption,
minimal effect exemption, or mitigation
exemption from NRCS in accordance
with the provisions of the Food Security
Act of 1985, as amended (16 U.S C. 3801
et seq.);
(2) The discharge into non-tidal
wetlands does not result in the loss of
greater than 1/2-acre of non-tidal
wetlands on a farm tract;
(3) The permittee must have NRCS-
certified wetland delineation;
(4) The permittee must implement an
NRCS-approved compensatory
mitigation plan that fully offsets
wetland losses, if required; and
(5) The permittee must submit a
report, within 30 days of completion of
the authorized work, to the District
Engineer that contains the following
information: (a) The name, address, and
telephone number of the permittee; (b)
The location of the work; (c) A
description of the work; (d) The type
and acreage (or square feet) of the loss
of wetlands (e.g., 1h-acre of emergent
wetlands); and (e) The type, acreage (or
square feet), and location of
compensatory mitigation (e.g. Vi-acre of
emergent wetland on a farm tract;
credits purchased from a mitigation
bank); or
b. For discharges into non-tidal
wetlands to improve agricultural
production, the following criteria must
be met if the permittee is not a USDA
Program participant (or a USDA
Program participant for which the
proposed work does not qualify for
authorization under paragraph (a) of this
NWP):
(1) The discharge into non-tidal
wetlands does not result in the loss of
greater than V2-acre of non-tidal
wetlands on a farm tract;
(2) The permittee must notify the
District Engineer in accordance with
General Condition 13, if the discharge
results in the loss of greater than 1i,o-
acre of non-tidal wetlands;
(3) The notification must include a
delineation of affected wetlands; and
Federal Register/Vol. 67, No. 10/Tuesday, January 15, 2002/Notices ZOfiJ
tIS at the project site to tile Inaximulli
extent practicable, and the notification
,:rust include a written statement
detailing compliance with this
condition (i.e., why the discharge must
occur in waters of the US and why
additional minimization cannot be
achieved);
c. In addition to General Conditions
17 and 2U, activities authorized by this
permit must not substantially alter the
sediment characteristics of areas of
concentrated shellfish beds or fish
spawning areas. Normally, the
mandated water quality management
plan should address these impacts;
d. The permittee must implement
necessary measures to prevent increases
ill stream gradient and water velocities
and to prevent adverse effects (e.g., head
cutting, bank erosion) to upstream and
downstream channel conditions;
e. Activities authorized by this permit
must not result in adverse effects on the
course, capacity, or condition of
navigable waters of the US;
L The permittee must use measures to
minimize downstream turbidity;
g. Wetland impacts must be
compensated through mitigation
approved by the Corps;
h. fieneficiation and mineral
processing for hard rock/mineral mining
activities pray not occur within 200 feet
of the ordinary high water mark of any
open waterbody. Although the Corps
does not regulate discharges from these
activities, a CWA section 402 permit
may be required;
i. All activities authorized must
comply with General Conditions 9 and
21. Further, the District Engineer may
require modifications to the required
water quality management plan to
ensure that the authorized work results
in minimal adverse effects to water
quality;
Except for aggregate mining
activities in lower perennial streams, no
aggregate mining can occur within
straain beds where the average annual
'low is greater than 1 cubic foot per
second or in waters of the US within
100 feet of the ordinary high water mark
of headwater stream segments where the
,iveraga annual 9oav of the stream is
,;realer than 1 cubic foot per second
a`;sre`ate mining can occur in areas
un,nediately adjacent to the ordinary
high %%ater mark of a stream where the
average annual flow is 1 cubic foot per
second or less);
I Single and complete project: The
discharge most be for a single and
co::rplete project, including support
e.ct % ities Discharge;; of dredged or, fill
t ia''Ariol into waters of the US for
t:ru!tiple mining activities on several
designated parcels of a single and
complete mining operation call be
authorized by this NWP provided the
1/2-acre limit is not exceeded; and
1. Notification: The permitteo must
notify the District Engineer in
accordance with General Condition 13.
The notification must include: (1) A
description of waters of the US
adversely affected by the project; (2) A
written statement to the District
Engineer detailing compliance with
paragraph (b), above (i.e., why the
discharge must occur in waters of the
US and why additional minimization
cannot be achieved); (3) A description of
measures taken to ensure that the
proposed work complies with
paragraphs (c) through (0, above; arid (4)
A reclamation plan (for aggregate
mining in isolated waters and non-tidal
wetlands adjacent to headwaters and
hard rock/mineral minim only).
This NWP does not autrorize hard
rock/mineral mining, including placer
ruining, in streams. No hard rock/
mineral mining can occur in waters of
the US within 100 feet of the ordinary
high water mark of headwater streams.
The term's "headwaters" and ''isolated
waters'' are defined at 33 CFR 330.2(d)
and (e), respectively. For the purposes
of this NWP, the term ''lower perennial
stream'' is defined as follows: "A stream
in which the gradient is low and water
velocity is slow, there is no tidal
influence, some water flows throughout
the year, and the substrate consists
mainly of sand and mud." (Sections 10
and 404)
C. Nationwide Permit General
Conditions
The following General Conditions
must be followed in order for any
authorization by an NWl' to be valid:
1. Navigation. No activity may cause
more than a minimal adverse effect on
navigation.
2. Proper Maintenance. Any structure
or fill authorized shall be properly
maintained, including maintenance to
ensure public safety.
3. Soil Erosion and Sediment
Controls. Appropriate soil erosion and
sediment controls must be used and
maintained in effective operating
condition during construction, and all
exposed soil and other fills, as well as
any work below the ordinary high water
mark or high tide line, must be
permanently stabilized at the earliest
practicable date. Permittees are
encouraged to perform work within
waters of the United States during
periods of low-flow or no-flow.
4. Aquatic Life Movements. No
activity may substantially disrupt the
necessary life-cycle movements of those
species of aquatic life indigenous to the
waterbody, including those specie; that
normally migrate through the area,
unless the activity's primary purpose is
to impound water. Culverts placed in
streams ,rust be installed to maintain
low flow conditions.
5. Equipment. Heavy equipment
working in wetlands must be placed on
mats, or other measures must be taken
to minimize soil disturbance.
6. Regional and Case-6y-Case
Conditions. The activity must comply
with any regional conditions that may
have been added by the Division
Engineer (see 33 CFI 330.-t(e))
Additionally, any case specific
conditions added by the Corps or by the
state or tribe in its Section 401 Water
Quality Certification and Coastal Zone
Management Act consistency
determin'atio'n.
7. Wild and Scenic Rivers. No activity
may occur in a component of the
National Wild and Scenic River System;
or in a river officially designated by
Congress as a ''study river'' for possible
inclusion in the system, while the river
is in an official study status; unless the
appropriate Federal agency, with clime(
management responsibility for such
river, has determined in writing that th,:
proposed activity will not adversely
affect the Wild and Scenic River
designation, or study status. Information
on Wild and Scenic Rivers may be
obtained from the appropriate Federal
land management agency in the area
(e.g., National Park Service, U.S. Forest
Service, Bureau of Land Management,
U.S. Fish and Wildlife Service).
8. Tribal Rights. No activity or its
operation may impair reserved tribal
rights, including, but not limited to,
reserved water rights and treaty fishing
and hunting rights.
9. Water Quality. (a) In certain states
and tribal lands an individual 401 Water
Quality Certification must be obtained
or waived (See 33 CFR 330A(c)).
(b) For NWPs 12, 14, 17, 18, 32, 39,
40, 42, 43, and 44, where the state or
tribal 401 certification (either
generically or individually) does not
require or approve water quality
nranagenient measures, the permittee
must provide water quality nranegemew
measures that will ensure that the
authorized work does not result in more
than minimal degradatio;r of water
quality (or the Corps determines that
compliance with state or local
standards, where applicable, will ens'.uc
no more than minimal adverse effect on
water quality). An irnpoitant component
of water quality Inanagenient includes
stormvvater management that minimizes
degradation of the downstream aquatic
system, including water quality (refer to
General Condition 21 for stointwater
2090 Federal Register-/ Vol. 67, No. 10 /'Tuesday, January 15, 2002 /Notices
management requirements). Another
iurportant component of water quality
management is the establishment and
maintenance of vegetated buffers next to
upen waters, including streams (refer to
General Condition 19 for vegetated
buffer requirements for the NVVPs).
'['his condition is only applicable to
projects that have the potential to affect
water quality. While appropriate
measures must be taken, in most cases
it is not necessary to conduct detailed
studies to identify such measures or to
roquire monitoring.
10. Coastol Zone rWanogement. In
certain states, an individual state coastal
zone management consistency
concurrence must be obtained or waived
(see Section 330.4(4)).
11. En dongered Species. (a) No
activity is authorized under any NWP
which is likely to jeopardize the
continued existence of a threatened or
endangered species or a species
proposed for such designation, as
identified under the Federal Endangered
Species Act (ESA), or which will
d:snoy or adversely modify the critical
habitat of such species. Non-federal
p,=ittees shall notify the District
Engineer if any listed species or
designated critical habitat might be
affected or is in the vicinity of the
project, or is located in the designated
critical habitat and shall not begin work
otr the activity until notified by the
District Engineer that the requirements
of the ESA have been satisfied and that
the activity is authorized. For activities
that may affect Federally-listed
endangered or threatened species or
designated critical habitat, the
notification must include the name(s) of
the endangered or threatened species
that may be affected by the proposed
work or that utilize the designated
critical habitat that may be affected by
the proposed work. As a result of formal
or informal consultation with the FWS
or N,NIFS the District Engineer may add
sp ,cies-specific regional endangered
species conditions to the NWPs.
(b) Authorization of an activity by a
NW1' does not authorize the ''take" of a
thrreatenecf or endangered species as
defined under tine ESA. In the absence
of separate authorization (e.g., an ESA
Section 10 Permit, a Biological Opinion
with "incidental take'' provisions, etc.)
from the USFWS or the NMFS, both
lethal and non-lethal ''takes" of
protected species are in violation of the
ESA, Information on the location of
threatened and endangered species and
their critical habitat can be obtained
directly from the offices of the USFWS
and NMFS or their world wide web
pa'es at http://wwir•.fws.gov/r9ercdspp/
endspp.html and http://wivw.nfrns.gov/
prot_res7esohorne.html respectively.
12. Historic Properties. No activity
which may affect historic properties
listed, or eligible for listing, in the
National Register of Historic Places is
authorized, until the District Engineer
has complied with the provisions of 33
CFR part 325, Appendix C. The
prospective permittee must notify the
District )Engineer if the authorized
activity may affect any historic
properties listed, determined to be
eligible, or which the prospective
permittee has reason to believe may be
eligible for listing on the National
Register of Historic Places, and shall not
begin the activity until notified by the
District Engineer that the requirements
of the National Historic Preservation Act
have been satisfied and that the activity
is authorized. Information on the
location and existence of historic
resources can be obtained from the State
Historic Preservation Office and the
National Register of Historic Places (see
33 CFR 330.4(8)). For activities that may
affect historic properties listed in, or
eligible for listing in, the National
Register of Historic Places, the
notification must state which historic
property may be affected by the
proposed work or include a vicinity
map indicating the location of the
historic property.
13. Notification.
(a) Timing; where required by the
terms of the NWP, the prospective
permittee must notify the District
Engineer with a preconstruction
notification (PCN) as early as possible.
The District Engineer must determine if
the notification is complete within 30
days of the date of receipt and can
request additional information
necessary to make the PCN complete
only once. However, if the prospective
permittee does not provide all of the
requested information, then the District
Engineer will notify the prospective
permittee that the notification is still
incomplete and the PCN review process
will not commence until all of the
requested information has been received
by the District Engineer. The
prospective permittee shall riot begin
the activity:
(1) Until notified in writing by the
District Engineer that the activity may
proceed under the MVP with any
special conditions imposed by the
District or Division Engineer; or
(2) If notified in writing by the District
or Division Engineer that an Individual
Permit is required; or
(3) Unless 45 days have passed from
the District Engineer's receipt of the
complete notification and the
prospective permittee has riot received
written notice from the District or
Division Engineer. Subsequently, the
permittee's right to proceed under the
NWP may be modified, suspended, or
revoked only in accordance with tile,
procedure set forth in 33 CFR
330.5(d)(2).
(b) Contents of Nohficotion: The
notification must be in writing and
include the following information:
(1) Name, address and telephune
numbers of the prospective permittee;
(2) Location of the proposed project;
(3) Brief description of the proposed
project; the project's purpose; direct anti
indirect adverse environmental effects
the project would cattle; any other
NWP(s), Regional General Pernit(s), or
Individual Permit(s) used or intended to
be used to authorize any part of the
proposed project or any related activity
Sketches should be provided when
necessary to show that the activity
complies with the terms of the MVP
(Sketches usually clarify the project and
when provided result in a quicker
decision.);
(4) For NWPs 7, 12, 14, 18, 21, 34, 38,
39, 41, 42, and 43, the PCN must also
include a delineation of affected special
aquatic sites, including wetlands,
vegetated shallows (e.g., submerged
aquatic: vegetation, seagrass beds), and
riffle and pool complexes (see paragraph
13(0);
(5) For NWP 7 (Outfall Structures and
Maintenance), the PCN must include
information regarding the original
design capacities and configurations of
those areas of the facility where
maintenance d-redging or excavation is
proposed;
(6) For NWP 14 (Linear
Transportation Crossings), the PCN
must include a compensatory ntiUdation
proposal to offset permanent losses of
waters of the US acid a statement
describing how temporary losses of
waters of the US will be minimized to
the maximum extent practicable:
(7) For NVVP 21 (Surface Coal Mirnnr;
Activities), the PCN must include an
Office of Surface Miuin?? (OSNI) of stettr
approved mitigation plan, if applicable.
To be a.thorized by this NWP, the
District Engineer must delernrillu that
the activity complies with the tennis and
conditions of the NWP and that that
adverse environmental effects arc,
minimal both individually and
curMdatively and niust notify the
project sponsor of this determination ill
writing;
(8) For NWP 27 (Stream and We(land
Restoration), the PCN must includ,!
documentation of tine prior condition of
the site that will he reverted by 0W
Perin iRue;
Federal Register/ Vol. 67, No. 10 /'T'uesday, January 15, 200'1 / Notices 201)1
(9) For NVVP 29 (Single-Family
housing), the PCN must also include:
(i) Any past use of this NVVP by the
Individual Permittee and/or the
pe:mittec's spouse;
(ii) A statement that the single-family
housing activity is for a personal
residence of the permittee;
(iii) A description of the entire parcel,
including its size, and a delineation of
wetlands. For the purpose of this NWP,
parcels of land measuring 1/4-acre or less
will not require a formal on-site
delineation. However, the applicant
shaft provide an indication of where the
wetlands are and the amount of
wetlands that exists on the property. For
parcels greater than 1/4-acre in size,
formal wetland delineation must be
prepared in accordance with the current
method required by the Corps. (See
paragraph 13(0);
(ivl A written description of all land
(including, if available, legal
descriptions) owned by the prospective
permittee and/or the prospective
permittee's spouse, within a one mile
radius of the parcel, in any form of
ownership (including any land owned
as a partner, corporation, joint tenant,
co-tenant, or as a tenant-by-the-entirety)
anti anv land on which a purchase and
sale agreement or other contract for sale
or )urchase has been executed;
10) For NWP 31 (Maintenance of
Existing Flood Control Projects), the
prospective permittee must either notify
the District Engineer with a PCN prior
to each maintenance activity or submit
a five year (or less) maintenance plan.
In addition, the PCN must include all of
the following:
(i) Sufficient baseline information
ideiitifying the approved channel
depths and configurations and existing
facilities. Minor deviations are
authorized, provided the approved flood
control protection or drainage is not
increased;
(ii) A delineation of any affected
special aquatic sites, including
wetlands; and,
(iii) Location of the dredged material
disposal site,
(11) For NVVP 33 (Temporary
?;onstruction, Access, arid DevvatLrino),
the PCN must also include a restoration
plan of reasonable measures to avoid
and minimize adverse effects to aquatic
rosOurccs;
(12) For NWPs 39, 43 arid 44, the PCN
must also include a written statement to
'he District Engineer explaining how
voidance and minimization for losses
of ?%iters of the US were achieved on
the project site;
(13) For NVVP 39 arid NW11 42, die
PCN must include a compensatory
mitigation proposal to offset losses of
waters of the US or justification
explaining why compensatory
mitigation should not be required. For
discharges that cause the loss of greater
than 300 linear feet of an intermittent
stream bed, to be authorized, the District
Engineer must determine that the
activity complies with the other terms
and conditions of the NWP, determine
adverse environmental effects are
minimal both individually and
cumulatively, and waive the limitation
on stream impacts in writing before the
permittee may proceed;
(14) For NVVP 40 (Agricultural
Activities), the PCN must include a
compensatory mitigation proposal to
offset losses of waters of the US. This
NWP does not authorize the relocation
of greater than 300 linear-feet of existing
serviceable drainage ditches constructed
in non-tidal streams unless, for drainage
ditches constructed in intermittent rion-
tidal streams, the District Engineer
waives this criterion in writing, and the
District Engineer has determined that
the project complies with all terms and
conditions of this NWP, and that any
adverse impacts of the project on the
aquatic environment are minimal, both
individually and cumulatively;
(15) For NWP 43 (Storrnwater
Management Facilities), the PCN must
include, for the construction of new
stormwater management facilities, a
maintenance plan (in accordance with
state and local requirements, if
applicable) and a compensatory
mitigation proposal to offset losses of
waters of the US. For discharges that
cause the loss of greater than 300 linear
feet of an intermittent stream bed, to be
authorized, the District Engineer must
determine that the activity complies
with the other terms and conditions of
the NWP, determine adverse
environmental effects are minimal both
individually and cumulatively, and
waive the limitation on stream impacts
in writing before the permittee may
proceed;
(16) For NWP 44 (Mining Activities),
the PCN must include a description of
all waters of the US adversely affected
by the project, a description of measures
taken to minimize adverse effects to
waters of the US, a description of
measures taken to comply with the
criteria of the NWP, and a reclamation
plan (for all aggregate mining activities
in isolated waters and non-tidal
wetlands adjacent to headwaters and
any hard rock/mineral mining
activities);
(17) For activities that may adversely
affect Federally-listed endangered or
threatened species, the PCN roust
include the narne(s) of those enclanured
or threatened species that may be
affected by the proposed work or utiiizo
the designated critical habitat that Ill a?
be affected by the proposed work; and
(18) For activities that may alfect
historic properties listed in, or elir;ible
for listing in, the National Register of
Historic Places, the PCN must shC
which historic property may he (lffUCted
by the proposed work or include a
vicinity snap indicating the location of
the historic property
(c) Form of Notificotion: The standard
Individual Permit application form
(Form ENG 4345) may be used ,rs the
notification but must clearly indic3t-
that it is a PCN arid must include all of
the information required in (b) (1)-(:8)
of General Condition 13. A letter
containing the requisite infornritiun
may also be used.
(d) District Engineer's Decision: In
reviewing the PCN for the proposed
activity, the District Engineer will
determine whether the activity
authorized by the NWP will result in
more than minimal individual or
cumulative adverse environmental.
effects or may be contrary to the p.iblic
interest. The prospective permitter niay
submit i proposed mitigation plan with
the PCN to expedite the process, The
District Engineer will consider any
proposed compensatory mitigatioii the
applicant has included in the proposal
in determining whether the net adverse
environmental effects to the aquatic
environment of the proposed wort, are
minimal. If the District Engineer
determines that the activity complies
with the terms and conditions of the
NWP and that the adverse effects on the
aquatic environment are minimal, after
considering mitigation, the District
Engineer will notify the permittee aacl
include any conditions the District
Engineer deems necessary, The District
Engineer roust approve any
compensatory mitigation proposal
before the permittee commences won'.:.
If the prospective permittee is icquked
to submit a compensatory mitigation
proposal with the PCN, the proposal
may be either conceptual or detailed. If
the prospective permittee elects to
submit a compensatory mitigation pl n
,with the PCN, the District Engineer v.ill
expeditio.isly review the proposed
compensatory rrritioation plan. The
District Engineer must review the plan
within 45 clays of receiving a complete
PCN and determine whether the
conceptual or specific proposed
mitigati )n 1,VOUId enSrll-e 110 more L`ra;r
minimal adverse effects on the aqu,it:c
environment. If the net adverse effr cts
of the project on the aquatic
e,nlvironincnt (after consideration of the
colnpertiatory mitigation proposal) aiu
determined by the District Engineer t)
w
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action Id. 200200305 County: Robeson
Notification of Jurisdictional Determination
Property owner: Deep Branch Volunteer Fire Department
Attn: Jim Emery
Address: 507 Pine Log Road
Lumberton, NC 28360
Zone: 17 UTM: North: 3816899 East: 665775
Quad: SW Lumberton
Size and Location of Property(waterbody, Highway name/number, town, etc.): The property is located at 3199 Deep Branch
Road, in wetlands adjacent to the Lumber River, west of Lumberton, Robeson County, North Carolina.
Basis of Determination: Determination is based on a field site visit conducted by Troy Beasley, on February 19, 2002.
Indicate which of the following apply:
There are wetlands on the above described property which we strongly suggest should be delineated and surveyed. The
surveyed wetland lines must be verified by our staff before the Corps will make a final jurisdictional determination on
your property.
Because of the size of your property and our present workload, our identification and delineation of your wetlands cannot
be accomplished in a timely manner. You may wish to employ a consultant to obtain a more timely delineation of the
wetlands. Once your consultant has flagged a wetland line on the property, Corps staff will review it, and, if it is accurate,
we strongly recommend that you have the line surveyed for final approval by the Corps. The Corps will not make a final
jurisdictional determination on your property without an approved survey.
X The wetlands on your lot have been delineated. and the limits of Corns iurisdietinn have been exnlained to you.
There are no wetlands present on the above described property which are subject to the permit requirements of Section
404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed three years from the date of this notification.
The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of Coastal
Management to determine their requirements.
Placement of dredged or fill material in wetlands on this property without a Department of the Army permit
is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is not required
for work on the property restricted entirely to existing high ground. If you have any questions regarding the
Corps of Engineers regulatory program, please contact Troy Beasley at [phone].
Property owner/Authorized Agent Signature
Project Manager Signature
Expiration Date 02 April 2007
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE FILE COPY OF THIS FORM.
CESAW Fonn 566
Date 02A ril 2002
04/30/02 TUE 11:37 FAX [phone] DEEP BRANCH VFD 191001
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OE-ED BOO/f 07 PG. 292 O-E S P l °.J/ 3Z'W 41.29'
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F--G S 3P•34 O/ E 33.60'
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A/r/sdlcrlen of Sect/on 404 of No C/Oan Water dot as dsnrmlMd by the undersigned on ??K N 54 "O'CO "W 95.72'
IN* dare. Unless rhen Is a change ! lea or ow puoasneo regulations. rhlr
dsrsnnhW7lm or peahen 40f sd/c mdy a rV1lld 14"n for o period nor to exceed K-L N W145',11 'W 3e-3O'
1Yne a boar Iles date. lrile • I Non ru made urali/ng rho 1987 corps of / -,N N /0.40:79 F J/.87'
Enp a N'1t/a a Oe tb iMo
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5UR vE Y FoR DEEP BRANCH VOL 411V TEER A -IRE OEPAR TMENT, INC.
PEMBROKE TOWNSHIP ROBESON COUNTY NOR TH CAROL I NA
/" - /00' PP MARCH 2001
/ 00 O / 00 200 300 REV/SED 19 MARCH 2000
-? -
GRAPHIC SCALE -- FEET GA17
COQ- ???sT ??
ALL DISTANCES HORIZONTAL
I / 101 000t rN I LL I P 0, 6GIOkETN, R.L. S.
427 PINELOO ROAD ?K
LUMERTON. N. C. 28360
yTEL. 910-738-7015 c
N. C. RK13. NO. 62
g r PB y
S. C. REG. NO. 9178 t,