19860165 Ver 1_COMPLETE FILE_19860819

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State of North Carolina
Department of Natural Resources and Community Developm+
Division of Coastal Management F, °f
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
September 30, 1986
Colonel Paul W. Woodbury
Corps of Engineers
District Engineer
Department of the Army
P. 0. Box 1890
Wilmington, NC 28402-1890

David W. Owens
Director
111'4prF?
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Dear Colonel Woodbury:
In accordance with your request, this office has circulated to interested
state review agencies U. S. Army Corps of Engineers Public Notice
0400 dated July 10,,1986 which describes a project proposal by the Town
of Kenly represented by Ragdale Consultants of Smithfield. The project,
involving the placement of fill and structures in a wetland associated
with the development of a municipal wastewater treatment facility, is
located in wetlands adjacent to Mill Creek and the Little River near Kenly,
in Johnston County.
In the course of the coordinated state review, four key agencies
submitted comments of significance on the proposal. Although these comments
include expressions of concern, a favorable response is hereby interposed
provided agency recommendations are included in any permit that is issued.
These comments and the agency submitting each follow:
N. C. Wildlife Resources Commission - recommends the inclusion of five
conditions, a copy of which are attached.
Division of Health Services - notifies us that the City of Goldsboro
obtains its drinking water downstream of this project. The applicant
should, therefore, inform the Superintendent of Public Works for the
City of this project and when the work will take place.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Emolover
Colonel Paul W. Woodbury
Page 2
September 30, 1986
- Division of Land Resources - notifies us that a detailed plan has been
received by that office. It will be reviewed and modified as required
for approval relative to sedimentation and erosion control.
For your information, the Division of Environmental Management has
issued Section 401 Water Quality Certification #1970 for this project.
Should you require additional input from the state on this matter,
do not hesitate to contact this office.
i
Very sincerely,
hen R. Parker, Jr.
Inland '404 Coordinator
JRP:jr/aw
cc: N. C. Wildlife Resources Commission
Raleigh
Division of Health Services
Raleigh
Division of Land Resources
Raleigh
Division of Environmental Management.
Raleigh
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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611 --
James G. Martin, Governor
S. Thomas Rhodes, Secretary
R. Paul Wilms
September 16, 1986 Director
Mr. Carl Freeman, Town Manager
Town of Kenly
P.O. Box 519
Kenly, NC 27542
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Wastewater Treatment Plant
Town of Kenly
Mill Creek and Little River
Johnston County
Dear Mr. Freeman:
Attached hereto are two (2) copies of Certification No. 1970
issued to Town of Kenly dated September 16, 1986.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Signed BY
Witham C. Mttl
FOr R. Pau Wilms
cc: Wilmington District Corps of Engineers
Raleigh Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

NORTH CAROLINA
Johnston County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management --
Regulations in 15 NCAC 2H, Section .0500 to Town of Kenly pursuant to an
application filed on the 26th day of June, 1986 to fill wetland areas
associated with construction of wastewater treatment and collection
facilities.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Mill Creek
and Little River in conjunction with the proposed wastewater facilities
in Johnston County will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State of
North Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in
accordance with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction-
related discharge (increases such that the
turbidity in the Stream is 50 NTU's or less
are not considered significant).
2. That the effluent discharged from the wastewater
treatment plant maintain compliance with the NPDES
Permit for this facility.
3. That appropriate sedimentation and erosion control
measures be implemented to minimize siltation and
turbidity from the project.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 16th day of September, 1986.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original bir" 8y
William C. l>sgls
For
WQC# 1970
R. Paul Wilms, Director

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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
.s
512 North Salisbury Street • Raleigh, North Carolina 27611 --
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary September 16, 1986 Director
Mr. Carl Freeman, Town Manager
Town of Kenly
P.O. Box 519
Kenly, NC 27542
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Wastewater Treatment Plant
Town of Kenly
Mill Creek and Little River
Johnston County
Dear Mr. Freeman:
Attached hereto are two (2) copies of Certification No. 1970
issued to Town of Kenly dated September 16, 1986.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
OriSinal SlSned By
VW11ism C. Mitts
For
R. Paul Wilms
cc: Wilmington District Corps of Engineers
Raleigh Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

NORTH CAROLINA
Johnston County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500'to Town of Kenly pursuant to an
application filed on the 26th day of June, 1986 to fill wetland areas
associated with construction of wastewater treatment and collection
facilities.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Mill Creek
and Little River in conjunction with the proposed wastewater facilities
in Johnston County will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State of
North Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in
accordance with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction-
related discharge (increases such that the
turbidity in the Stream is 50 NTU's or less
are not considered significant).
2. That the effluent discharged from the wastewater
treatment plant maintain compliance with the NPDES
Permit for this facility.
3. That appropriate sedimentation and erosion control
measures be implemented to minimize siltation and
turbidity from the project.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit. .
This the 16th day of September, 1986.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed By
William C. mols
For
R. Paul Wilms, Director
WQC# 1970
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IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
August 13, 1986
SUBJECT: File No. SAWC086-N-051-0400
Mr. Albert A. Corbett, Jr.
Corbett and Corbett
Post Office Box 955
Smithfield, North Carolina 27577-0955
Dear Mr. Corbett:
R E.
AUG 1 8 11086
WATER QUAL! 1'Y ,St: TION
OPERATIONS
Thank you for your letter of July 29, 1986, on behalf of
Mr. Henry Pittman, regarding the Town of Kenly's plans to expand
and improve wastewater treatment facilities adjacent to Mill Creek
and the Little River in Johnston County, North Carolina, EPA
Project No. C370477-02.
The Corps of Engineers is involved with this project because
we are responsible, on behalf of the U. S. Environmental
Protection Agency (EPA), for a regulatory program pursuant to
Section 404 of the Clean Water Act, a program in compliance with
EPA guidelines, and for construction inspection and supervision.
Basically, the project's overall evaluation, including its
location, design, operation and future capacity, is the
responsibility of EPA, the North Carolina Division of
Environmental Management and the Town of Kenly.
Mr. Pittman's concerns, which can be addressed by our
regulatory process, will be given careful consideration, but we
suggest that he direct his apparently more significant concerns,
particularity the plant's location and its operation, to EPA and
the State. Copies of your letter are being furnished to these
responsible agencies by copy of this letter, so that they might
have an opportunity to respond.
If you have additional comments or questions regarding our
regulatory or construction programs, please do not hesitate to
contact either Ms. Alison Arnold, Regulatory Branch, telephone
[phone] or Mr. John Caldwell, EPA Construction Branch,
telephone [phone].
Sincerely,
z
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Charles W. Hollis
Chief, Regulatory Branch
l

-2-
Copies Furnished with Copy of Mr. Corbett's letter:
Mr. Mick Heavener
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Ed Gross
Corps of Engineers
EPA/North Carolina Section Coordinator
Water Division
U. S. Environmental Protection Agancy
345 Courtland Street
Atlanta, Georgia 30365

4/-WC0810
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111
July 29, 1986

'AUG
Department of the Army
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Re: Micro Waste Treatment Collection
System anti.Kenly Waste Water Treatment Plant
Dear. Sirs:
I represent Mr. Henry Pittman who lives adjacent to the Kenly
Waste Water Treatment Plant.
Mr. Pittman is opposed to the expansion of the Kenly Waste Water
Treatment Plant, as well as the installation of a low pressure waste
water collection system in the Town of Micro.
?w(? 0
PPS
His objection to the above is due to the fact that Kenly Waste
Water Treatment Plant has not been operated properly in the past causing
offensive odors in the comrumity. If Micro waste water is transferred
to Kenly it will only create more problems at the Kenly Waste Water
Treatment Plant because it is not able to handle it. E'en if Kenly Waste
Water Treatment Plant is expanded, in view of its past operating history,
Mr. Pittman expects the odor to be worse rather than better. In addition,
he does not feel there is sufficient land in which the Kenly Waste Water
Treatment Plant is presently located to expand in view of the anticipated
growth in the Micro and Kenly area.
It is Mr. Pittman's understanding that there is not sufficient
excess capacity for the proposed addition to the Kenly Plant to adequately
service the Kenly and Micro area. As pointed out in several hearings
before the Kenly and Micro Town Boards, a more logical location for the
plant would be on the east side of I-95 where there would be sufficient
space for the plant to expand in the years ahead, and adequately serve the
Kenly-Micro area.
Mr. Pittman further requests that you furnish him a copy of any
environmental impact assessment if one has been done and if not that one be
done.
CORBETT & CORBETT
ATTORNEYS AND COUNSELLORS AT LAW
P. O. Box 955
SMITHFIELD, NORTH CAROLINA 27577-0955

r
Department of the Army - 2 -
July 29, 1986
In addition to the other concerns, Mr. Pittman is concerned that the
aesthetic value of his community because of the wet land being filled in,
will be destroyed, and the general concerns of whether or not the plant
will impose a hazard to the adjacent property owners. That the wet land
covered up will be destroyed and any fish or wildlife valuation will be
destroyed and would be a potential flood hazard because of the fact when
this property is filled in water would necessarily go on other property
owners land. 't'hat there would be a general reduction in other land
values in the community, and consequently Mr. Pittman requests that a
public hearing be held as soon as possible and that this permit be
denied.
There is a spring adjacent to this land and if there is a right of
way for the purpose of ingress and egress to this property, this spring
will be destroyed.
Yours very truly,
Albert A, orbett Jr.
AAC,jr:p
cc: N. C. Division of Environmental Managn. ezt
PO Box 27687
Raleigh, North Carolina 27611-7687
Att: Mr. William Mills
V
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State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
July 17, 1986
Mr. R. Paul Wilms, Director
Water Quality Section
Division of Environmental Management
Raleigh, North Carolina 27611
Dear Mr. Wilms:
S. Thomas Rhodes, Secretary
The attached U. S. Army Corps of Engineers Public Notice No. 0400 dated
July 10, 1986 describing a project proposed by The Town of Kenly
is being circulated to interested state agencies for comments on applicable
Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed
project and return this form by 8/5/86
Very sincerely,
Jolin R. Parker, Jr.
404 Coordinator
REPLY This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No comment.
Signed
Date
Agency
JRP:jr/aw
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity / Affirmative Action Employer
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers J U L 1 1g 6
Post Office Box 1890
Wilmington, North Carolina 28402-1890 COASTAL RESOURCES COM M,
SAWCO86-N-051-0400 Juiy 10, 1986 `"i-
PUBLIC NOTICE
THE TOWN OF KENLY, Post Office Box 519, Kenly, North Carolina 27542,
represented by RAGDALE CONSULTANTS, P. A., Post Office Box 1749, Smithfield,
North Carolina 27577, has applied for a Department of the Army permit TO
PLACE FILL MATERIAL IN WETLANDS ADJACENT TO MILL CREEK AND THE LITTLE RIVER
ASSOCIATED WITH THE CONSTRUCTION OF MUNICIPAL WASTEWATER TREATMENT FACILITIES,
NEAR KENLY, Johnston County, North Carolina.
The following description of the proposed work is taken from data provided
by the applicant. Plans submitted with the application show the proposed
placement of fill material, about 4,400 cubic yards, in approximately 2.8
acres of wetlands to provide stable areas upon which to construct components
for the upgrading and expansion of wastewater treatment facilities. Work also
involves the placement of fill material in wetlands for the installation of a
15-inch diameter wastewater line and the construction of an access road.
Title 33, Code of Federal Regulations (CFR), Part 330, published in the
Federal Register on July 22, 1982, authorized the discharge of fill material
for backfill or bedding for utility lines and for minor road crossings of
nontidal waterbodies. The purpose of the work is to provide adequate
wastewater treatment facilities for the Town of Kenly. Plans showing the
proposed work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
y
-2-
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards, flood plain values, land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of
the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
V
-3-
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
August 19, 1986.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before August 13, 1986, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Ms. Alison Arnold, until 4:15 p.m.,
August 11, 1986, or telephone [phone].
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer

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July 29, 1986
R E C EI VF D
Department of the A=V
Wi]nutigton District; Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
J U L 3 1 1986
WATER QUALITY SECTIO#?j
OPERATIONS BR-gNCy
Re: Micro Waste Treatment Collection
System and Kenly Waste Water Treatment Plant
Dear. Sirs
I represent W. Henry Pittman.who lives adjacent to the Kenly
Waste Water Treatmt Plant.
Mr. Pittman is opposed to the expansion of the Keenly Waste Water
Treatment Plant, as well as the installation of a low pressure waste
water collection system in the Town of Micro.
His objection to the above is due to the fact that Kenly Waste
Water Treatment Plant has not been operated properly in the past causing
offensive odors in the c ty. If Micro waste water is transferred
to Kenly it will only create more problems at the Ken]y Waste Water
Treatment Plant because it is not able to handle it. Even if Kenly Waste
Water Treatment Plant is expanded, in view of its past operating history,
Mr. Pittman expects the odor to be worse rather than better. In addition,
he does not feel there is sufficient land in which the Kenly Waste Water
Treatment Plant is presently located to expand in view of the anticipated
grawth in the Micro and Kenly area.
It is Mr. Pittman's understanding that there is not sufficient
excess capacity for the proposed addition to the Kenly Plant to adequately
service the Kenly and Micro area. As pointed out in several hearings
before the Kenly and Micro Town Boards, a more logical location for the
plant would be on the east side of I-95 where there would be sufficient
space for the plant to expand in the years ahead, and adequately serve the
Kenly-Micrq area..
Mr. Pittman further requests that you furnish him a copy of any
environmental impact assessment if one has been done and if not that one be
done.

I
Department of the Army - 2 - July 29, 1986
In addition to the other concerns, Mr. Pittman is concerned that the
aesthetic value of his co mamity because of the wet land being filled in,
will be destroyed, and the general concerns of whether or not the plant
will impose a hazard to the adjacent property owners. That the wet land
covered up will be destroyed and any fish or wildlife valuation will be
destroyed and would be a potential flood hazard because of the fact when
this property is filled in water would necessarily go on other property
owners land. That there would be a general reduction in other land
values in the comumity, and consequently Mr. Pittman requests that a
public hearing be held as soon as possible and that this perrmt be
denied.
There is a spring adjacent to this land and if there is a right of
way for the purpose of ingress and egress to this property, this spring
will be destroyed.
Yours very truly,
Albert A. bett Jr.
AAC,.jr:p
cc: N. C. Division of Envirtal Mkt
PO Box 27687
Raleigh, North Carolina 27611-7687
Att: Mr. William Mills

y 4•
SAWC086-N-051-0400
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
PUBLIC NOTICE
RECE'VED
`l UL 14 1986
*4ft'y QUALITY
OPER4rlo*y SIRAVCHj
July 10, 1986
THE TOWN OF KENLY, Post Office Box 519, Kenly, North Carolina 27542,
represented by RAGDALE CONSULTANTS, P. A., Post Office Box 1749, Smithfield,
North Carolina 27577, has applied for a Department of the Army permit TO
PLACE FILL MATERIAL IN WETLANDS ADJACENT TO MILL CREEK AND THE LITTLE RIVER
ASSOCIATED WITH THE CONSTRUCTION OF MUNICIPAL WASTEWATER TREATMENT FACILITIES,
NEAR KENLY, Johnston County, North Carolina.
The following description of the proposed work is taken from data provided
by the applicant. Plans submitted with the application show the proposed
placement of fill material, about 4,400 cubic yards, in approximately 2.8
acres of wetlands to provide stable areas upon which to construct components
for the upgrading and expansion of wastewater treatment facilities. Work also
involves the placement of fill material in wetlands for the installation of a
15-inch diameter wastewater line and the construction of an access road.
Title 33, Code of Federal Regulations (CYR), Part 330, published in the
Federal Register on July 22, 1982, authorized the discharge of fill material
for backfill or bedding for utility lines and for minor road crossings of
nontidal waterbodies. The purpose of the work is to provide adequate
wastewater treatment facilities for the Town of Kenly. Plans showing the
proposed work are included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and

-2-
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards, flood plain values, land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of
the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
Generally, the decision whether to issue this Department of the Army
permit will not be made until the North Carolina Division of Environmental
Management (DEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The DEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army permit serves as application to the DEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
-3-
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
August 19, 1986.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before August 13, 1986, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Ms. Alison Arnold, until 4:15 p.m.,
August 11, 1986, or telephone [phone].
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
July 7, 1986
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC086-N-051-0400
RECEIVED
J U L 0 9 1986
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
WATER QUALITY SECTION
OPERATIONS BRANCH
Dear Mr. Mills:
gn6l6sed° 18s `the applicat'i`on°of^°the °Town c? (enly for a
Department of the Army permit and a State Water lity ?
Certification to place fill material in the wetlands adjacent to
Mill Creek and the Little River associated with the expansion of
wastewater treatment facilities, near Kenly, Johnston County,
North Carolina. Your receipt of this letter verifies your
acceptance of a valid request for certification in accordance with
Section 325.2(b)(ii) of our administrative regulations.
We are considering authorization of the proposed activity
pursuant to Section 404 of the Clean Water Act, and we have
determined that a water quality certification may be required
under the provisions of Section 401 of the same law. A Department
of the Army permit will not be granted until the certification has
been obtained or waived.
In accordance with our administrative regulations, 60 days
after receipt of a request for certification is considered a
reasonable time for State action. Therefore, if your office has
not acted on the request by September 3, 1986, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Ms. Alison Arnold,
telephone [phone].
Sincerely,
tha 1 s W. H 1 is
hie , Regulatory Branch
Enclosure
t
-2-
Copy Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687

June 24, 1986
Or. Charles W. Hollis
Chief, Regulatory Branch
Wilmington District, Corps of Engineers
P. 0. BOx 1890
Wilmington, N. C. 28402-1890
Dear Mr. Hollis:
SMITHFIELD, N. C. 27577
I
Ref: Town of Kenly Wastewater
Facilities Improvements
On behalf of the Town of Kenly, we are submitting the following for your review:
attached
Application for Permit to Excavate and/or Fill
Construction Plan Drawings No. 9,10,11,13
The construction plan drawings attached have been reduced from 24" X 36"
to 8-f'', x 11", The wetland areas depicted on the construction
are as delineated by Ms. Alison Arnold of Your staff on May 161x1 drawings
Also attached is a co 9
py of your May 28, 1986 letter for reference.
Should you have questions, or if additional informs
contact me, tion is needed
please
Very truly yours,
LDL/ps
Attachments
L. Dennis Lee, RLS
i
RAGSDALE CONSULTANTS, P.A.
CIVIL, ENVIRONMENTAL, & STRUCTURAL
_ANDSCAPE ARCHITECTURE ENGINEERING
RALEIGH OFFICP --
FRAGSOALE
310 E. JOHNSTON STREET
CONSULTANTS, R.
A.
P. O. BOX 1749 _
TELEPHONE [919) 934_7154-
I?
i
APPLICATION
FOR
PERMIT TO EXCAVATE ANO/M FILL WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR AWOR DE`YELOPMEW
Ogeromml of Adolf Uratlee Stan of NwIth CarMMr+ pgestnient dl the'Aririy' .
(GS 146-121 D.warAnt of Nawral Ile""ruc WW CerriieuMty 0411"JI11011II1""t CW" 411 ftWA^ WNrttlripM obtrtca
(GS 113-22!, 14L2113(alit), 143.213.3(cl, 113A•119 (33 CFA 209.320-3291
r.LY,I r V rvVV.
PWM type or print and fill in all blanks if information Is not applicable, so indicate by vtacin$ NIA i? t(?"..Fl
1, Applkant Information
A. Name Town of Kenlv Carl Fropman- Town Manager
Last First Middle
B. Address P 0 Box 519
Street, P 0. Box nr Rnute
Kenly NC 27542 [phone]
(.itv 0-r Town State Zip Code Phone
IL Location of Proposed Project.
A. County .Inhnctnn
B. 1. City, town, community or landmark. Ken 1 y _
2. Is proposed work within City limit-,? Yes No X_
Mill Creek and
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
Little River
IIL Dewiption of Project Town of Ken 1 y
A. 1. Maintenance of existing project 2. New work Idastewater Fac i 1 i t i es Improvements
8. Purpose of excavation or till
1. Access channel length width depth
2. Boat basin length width depth
3. Fill area length_width depth
4. Other See attached ;ke cheslength width depth
C. 1. Bulkhead length N/A Average distance waterward of MHW (sherejinei
2. Type of bulkhead construction (material) N/A
0. Excavated material (total for project)
1. Cubic yards 4.400 2. Type of material N/A
E. Fill material to be placed below MHW (see also VI A)
1. Cubic yards 4 , 400 2. Type of material C 1 can f i 1 1
IV. Land Type, Disposal Area, and Construction Equipment
A. Does the area to be excavated include any muthiand, swamps or other wetland' Yet X_ No
B. Does the disonul itea include any marshland, swamps or other wetland' Yes X No
C. Disposal Area
1. Location On site of construction - see attached sketches
2„ Do you claim title to disposal area? Yes
D. Fill material viwce if lilt is lu be truc6cd in - N/A
E. How will excavated material be entrapped and erosion .ontrolled) Temporary d ivers ion berms, stone
fittar berms and silt fencin4
F. Type of equipment ti, he used Track backhoe, dozer, and related earth moving equipment .
G, Will marshland he crnswd in tran%oorunt equipment to project situ It yes, explain No
DAPail
It". Ian$
V. I.ra"W uro of ?isieet Awe (OOK7001
2. C.Atttltr mW
3` +o c.r.+b.rtt«rt or IrAumW
4 O&w Accpss to milnicirial wastewater treatment f treatment and trans-
portation o wastewater
L I. Lot siiaets) N/A
2 Eb m"kn of lot(s) adore nun hlgt w"W N/A
3. SoNt"wandtastuare Altavista (Ala). Wehadkea NO ; Nasnn_?NnD), Rains (Ra), Cecil (Ceb;
4. Type of building facilities or structures Wastewater treatment facilities
S. Swap dimosal and/or waste water treatment A. Existirl X Planned _.?.X
B. oewibe Screening grit removal. _ar__t_i.v;;ted sludg,,g, rhInrinnfinn, os aeration,
6. LandClasslticaunn (circle one) OEVELOK0 TRAM rtVtiAi. COMMUNITY RURAL diBrestione-??age
N/A CONSERvATION ATHLA - (See LAMA Local Lud Us* Plan Synopsis)
VI, rwtainim oo Fill and Water Owltty
A. Oon the orooosed ornlect ;rvolve the placement of rill materiaN hetttw -ertt'+Ish water? Y'.4-No. X
L 1. Will any runoff or Gisenargs enter adtaeent Waters as a result of protect activity or planned user of the
area following praect comoistionr Yes2_No?
2 Typso(discharge ra i nfal 1 run-off.and abated wastewater flow through outfal 1 to L i ttl e Riv
9. Locatwnotdisctarstrun-off intoMill Creek abated wastewater flow into Little River - Lat'VIL Ptema rate of shoreiine erosion lif known): unknown tude 35 -3 ' -58", Longitude 780-09'
3:
VUL LVt p imisk numbers and issue dates of previous Department of Army Carper of Eroneers ar Stage perming for
. wrk in project aria, if applicable: No r -Le
13L Lategds et dww required to comolete toolect: 360 days
X M addltim to the csrnoleted anolkaden ferns, the failetrirtg iano music be provided:
A. Attach a copy of the dead (with Suts application only) or other Inwument under which aoMwAM
dalma title to the affected otiosity. OR If aoclicant knot cWming to be the owner of said property,
then forward a copy of the deed or other k"truw+ent under which the owner claims title plus written
permission from the owner to Carty out the oroieet on his land.
L Attach an accurate work plat drawn to scale on 81h X 11" white paoer (gas instruction booklet for
details). Note: Original drawings preferred • only h.qh quality copies accepted.
C A coot' of the aooltcation and plat must be served upon adiacent riparian landowners by teystered or
certified mail or by outaficatton (G.S. 113.229 (d))Enter date served
0. Lisa names and comolete addresses of the riparian landowners with orcowty adjoining applicant's.
Such owrinem have 30 davs in which to submit comments tit aeetsctes listed below.
Lester Harold Peele, Route 4, Kenly, NC 27542
Dolph Overton, Bradford Village, P. 0. Box 70, Santee, SC 29142
Henry Pittman, Route 4. Box 182, Kenly, NC 27542
ea oar System Railroad, Inc., 3610 us Street, Raleigh, NC 27609
XL Cartificuien nquiremimt: I certify that to the best of my knowledge, the prooosed a"wity compiles
with the State of North Caroltnabs aooroved coastal management proparn and will be conducted in a
WAnna consistent with such program.
XIL Any permit issued pursuant to this Acchcation will allow only the development desuibed In this appli
cation and plat. Aooliunis should therefore describe in the aoolicabon and plat all anticipated devel-
oposent activities, including construction, excavation, filling, and land clearing.
DATE 6t,) 6 106
I %_ U A licant's Signature
DA04" crf 20VFAtX clnG OnO saAtt IWG 1dK721.f 7tnut
IN REPLY REFER TO
Regulatory Branch
May 28, 1986
RECEIVED MIA'( 2 9 1986
Mr. L. Dennis Lee
310 East Johnston Street
Post Office Box 1749
Smithfield, North Carolina 27577
Dear Mr. Lee:
Reference is made to your May 16, 1986, Arnold of my staff to discuss the town of Kent -site meeting Wast Improvements. The proposed a with liMs. t Alison
existing facilities adjacent to
Project calls for the expansion rof athetown-s
Mill Creek, Johnston Count
Under Section 404 Y, North Carolina.
is required for the disof the chargeCof lean
dredged ortfialDeaartment of the Army
United States. The term " terial inI Y pert
Wetlands are defined b waters of the United States" waters of the
inundated or saturated ythe Corps of Engineers as thoseiareas whichlares•
sufficient to at by surface or ground water at a frequency and duration
ve etation typically iiferinosaturatedumstances do su
g dredged material" means material that is excavatedoor dredgedo rom w ,
the United States. "fill material" mater a f roe waters of
primary purpose of replacing waters of the United sStaany tes with drused for the
Almost the entire project area is located within wetlands y land.
Department of the Army Section 404
subject o
for the jurisdiction. The wetland boundarytlines
Please iplant expansion andrpipeline route were delineated b
stated above a any permit application Y Ms. Arnold. bounda permit is required onl Psubmitted. or material. Therefore y for the discharge of dredged or fill
it is important that any permit applion clearly show those areas which would be excavatedandttho for this
which would be filled.
se areas
Enclosed you will find a
our program. If permit application form and a booklet describing
telephone (919 You have any questions, please contact Ms. Arnold at
program. 343-4634. Thank you for your cooperation with our permit
Sincerely,
ha s W. VIA,s
Enclosure Chief, Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
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