19880222 Ver 1_COMPLETE FILE_19880120

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State of North Carolina
Department of Natural Resources and Community Development
Division of Coastal Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor David W. Owens
S. Thomas Rhodes, Secretary February 23, 1988 Director
Colonel Paul W. Woodbury
Corps of Engineers
Wilmington District
P. 0. Box 1890
Wilmington, NC 28402-1890
Dear Colonel Woodbury:
I
r

In accordance with your request, this office has circulated to interested
state review agencies U. S. Army Corps of Engineers Public Notice .... 0097
dated December 17, 1987 which describes a project proposal by Palmetto
Petroleum of Dillon, South Carolina. The project, involving the filling of
1.8 acres of wetland to facilitate commercial development, is located adjacent
to U. S. Hwy. 301 in Contrary Swamp, near Rowland in Roberson County.
In response to a coordinated agency review, two key agencies submitted
strong objections to the proposal and recommended that a Department of the
Army Permit not be issued. This state viewpoint position concurs with the
recommendation of cooperating agencies.
It should be noted that site investigation by state agencies find that
the actual wetland fill site is to be larger than 1.8 acres. It is reported
that the elevation change of the "islands" is slight and wetland species are
present.
For your information, the Division of Environmental Management issued 401
Water Quality Certification No. 2200 for this project on January 27, 1988.
Additionally, the Land Quality Section, Division of Land Resources
reports that a Sedimentation and Erosion Control Plan was filed for the
"existing fill". Should a permit be issued, a separate plan would have to be
filed fof the proposed fill.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
1
Colonel Paul W. Woodbury
Page 2
February 23, 1988
Should you require additional input from the state on this matter, do not
hesitate to contact this office or the agencies listed below.
Very sincerely
fro "John R Parker, Jr. ?
I? Inland '404 Coordinator
JRP:jr/aw
cc: Wildlife Resources Commission
Raleigh
Division of Water Resources
Raleigh
Division of Environmental Management
Raleigh
Land Quality Section
Fayetteville
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•? aw.1Vd'.
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 R. Paul Wilms
S. Thomas Rhodes, Secretary Director
January 27, 1988
Mr. Joe Schafer, President
Palmetto Petroleum, Inc.
P. O. Box 30
Dillon, SC 29536
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Commercial Development
Palmetto Petroleum, Inc.
Tributary to Contrary Swamp
Robeson County
Dear Mr. Schafer:
Attached hereto are two (2) copies of Certification No. 2200
issued to Palmetto Petroleum, Inc. dated January 27, 1988.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Original Signed By
William C. ( ills
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
Fayetteville Regional Office
/ir. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

NORTH CAROLINA
Robeson County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-50'0 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 Palmetto Petroleum, Inc.
pursuant to an application filed on the 18th day of December, 1987 to
fill an area of wetland to construct a commercial development.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Contrary
Swamp in conjunction with the proposed commercial development in Robeson
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).
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
condition is made a condition of the Federal Permit.
This the 27th day of January, 1988
DIVISION OF ENVIRONKENTAL MANAGEMENT
Original Signed By
William C. Mills
For R. Paul Wilms, Director
WQC# 2200

..,,}yy ... STATE o
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 R. Paul Wilms
S. Thomas Rhodes, Secretary Director
January 27, 1988
Mr. Joe Schafer, President
Palmetto Petroleum, Inc.
P. O. Box 30
Dillon, SC 29536
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Commercial Develogrent
Palmetto Petroleum, Inc.
Tributary to Contrary Svramp
Robeson County
Dear Mr. Schafer:
Attached hereto are two (2) copies of Certification No. 2200
issued to Palmetto Petroleum, Inc. dated January 27, 1988.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
Original Signed By
William C. N'-ills
For R. Paul Wilms
cc Wilmington District Corps of Engineers
Fayetteville Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
- P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

NORTH CAROLINA
Robeson 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 Palmetto Petroleum, Inc.
pursuant to an application filed on the 18th day of December, 1987 to
fill an area of wetland to construct a commercial development.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of Contrary
Swamp in conjunction with the proposed commercial development in Robeson
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).
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
condition is made a condition of the Federal Permit.
This the 27th day of January, 1988
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed By
William C. Mills
Fn r R. Paul Wilms, Director
WQC# 2200

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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
December 30, 1987
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. 0097 dated
12/17/87 describing a project proposed by Palmetto Petroleum
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 1/20/88
Very sincerely,
John 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
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWCO88-N-078-0097
December 17, 1987
PUBLIC NOTICE
PALMETTO PETROLEUM, represented by MR. JOE M. SCHAFER, U.S. Highway 301
South, Post Office Box 30, Dillon, South Carolina 29536, has applied for a
Department of the Army permit TO PLACE FILL MATERIAL IN APPROXIMATELY 1.8 ACRE
OF CONTRARY SWAMP TO PROVIDE FOR COMMERCIAL DEVELOPMENT, ROWLAND TOWNSHIP,
ROBESON COUNTY, NORTH CAROLINA.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show that the applicant proposes to place fill material in a 380-
foot-long, 330-foot-wide area of wooded wetlands surrounding two islands of
high ground to raise the elevation approximately 2 feet. Dominant wetland
vegetation include red maple, black gum, sweet gum, red bay, water oak,
cinnamon fern and lizard tail. The area to be filled is adjacent to high
ground off U.S. Highway 301 and Interstate Highway 95. The work would provide
adequate area for construction of a motel and retail shops. Plans showing the
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
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.
-2-
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
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.

-3-
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
January 11, 1988.
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 January 5, 1988, Attention:
Mr. William Mills.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. David Baker, until 4:15 p.m.,
January 15, 1988, or telephone [phone].

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Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
December 11, 1987
SUBJECT: File No. SAWC088-N-078-0097
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
Dear Mr. Mills:
EC E, VEC)
DEL 18.1987
'VATLR QUALM, aEOTIO'N
OpEPATIONS ?' Ard t?
Enclosed is the application of Palmetto Petroleum, represented
by Mr. Joe M. Schafer, for a Department of the Army permit and a
State Water Quality Certification to place fill material in
approximately 1.8 acre of Contrary Swamp to provide for commercial
development, Rowland Township, Robeson 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 riot 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 February 11, 1988, the District
Engineer will deem that waiver has occurred.
Questions or comments may be addressed to Mr. David Baker,
telephone [phone].
Sincerely,
ha s W. Ho s
C ief, Regulatory Branch
Enclosure
-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
DIVISION OF ENVIRONMENTAL MANAGEMENT
January 19, 1988
M E M O R A N D U M
TO: Bill Mills
Permits & Engineering
FROM: M. J. Noland, Regional Supervi;
Fayetteville Regional Office
SUBJECT: 401 Certification
Wetlands of Contrary Swamp
Rowland, Robeson County
The subject project involves the filling of wetlands adjacent to Contrary
Swamp near Rowland in Robeson County. It is the intention of the owners to
construct a restaurant, gas station, and possibly a motel in the vicinity.
The fill area will be involved with at least some of this development.
Approximately 9,300 cu. yd. of fill material will be placed in the wetlands
over an area approximately 380 ft. x 330 ft. The fill is to be approximately
2 feet deep.
Silt fences are to be used to control erosion and sedimentation.
It is the recommendation of this office that the appropriate
certification be issued requiring that the following condition be met:
1. Instream turbidity in Contrary Swamp should not be increased
to more than 50 JTU's as a result of the proposed activity.
If additional information or clarification is required, please advise.
KA/lr
APPLICATION q0 /
FOR -It}WdOS T -N-,04-4997
PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Adminlstratlon State of North Carolina Department of the Army
(GS 14612) Department of Natural Resources and Community Development Corps of Enineers, Wilmington District
(GS 113.229, 143-215.3(a)(1), 143.215.3(c), 113A-118 (33 CFR 209.320-329)
Please type or print and fill in all blanks. If information 11 ncit applicable, so indicate by placing N/A in blank.
Applicant Information
Palmetto Petroleum Incorporated
A. Nar^.; Middle
Last First
B. Addre,s P.O. Box 30
Street, P. O. Box or Route
Dillon South Carolina '>951f, 803-774-2797
Zip Code Phone
City or Town ante
Location of Proposed Project:
A. County Robeson
B. 1. City, town, community or landmark.
2. Is proposed work within city limits?
Rowland_ NC
Yes X No To be annexed to Rowland, NC
C. Creek, river, sound or bay upon which project is located or nearest named body of water to project
Contrary Swamp
Ill. Description of Project
1. Maintenance of existing project 2. New work c c ns =_ ru c t commercial d v? l n Prm,
B. Purpose of excavation or fill
1. Access channel Ivngth width depth
2. Hcmt basin length width depth
3. Fill area commercial length 380' width 330' depth 7
4. Other length width depth
C. I. Bulkhead length NA Average distance waterward of MHW (shoreline)
2. Type of bulkhead construction (material)
D. Exc.tvated material (total for project)
1. Cubic yards 2. Type of material L o a
E. Fill material to be placed below hIHW (see also VI. A)
1. Cubic yards PIA 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipment:
A. Dues the area to be excavated include any marshland, swamps or other wetland? Yes X No
B. Dues the disposal area include any marshland swamps r other wetland? Yes No
C. Disposal Area
11A
1. Location
2, Do you claim title to disposal area? No
1). Fill material source if l ill is to be trucked in T c, be acquired b y c c n- r a c t o r
L. How will excavated material be entrapped and erosion controlled? 1 t =
I. Iypeof equipment to be used backhoe, leader, d:_-o rruc't .
G. Will marshland be crossed in transporting equipment to project site? If yes, explain
AF-81
10/78
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V. Intended Use of Project Area (Describe)
A. 1.. Private
2. Commercial- restaurant Qas station - Stores and i,„gq;h,
3. Housing Development or Industrial
4. Other -
B. 1. Lot size(s) N A
2. Elevation of lot(s) above mean high water NA
3. Soil type and texture NA
4. Type of building facilities or structures commercial
S. Sewage disposal and/or waste water treatment A. Existing Planned X
8. Describe lift station will D umrn Wastewater to Row lanrt
6. 'Lind Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER None (See CAMA Local Land Use Plan Synop Jsl
VI. Pertaining to Fill and Water Quality:
A- Does the proposed project involve the placement of fill materials below mean high water? Yes No
B. I. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes-No X
2. Type of discharge
3. Location of discharge
Vil. Present rate of shoreline erosion (if known): NA
VIII. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permits for
work in project area, if applicable: N A
IX. Length of time required to complete project: 60 d a v,s
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
B. Attach an accurate work plat drawn to scale on 8%z X 11 " white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113-229 (d))Enter date served
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit c m?nents to ag?n yes I' ted bel w.
all estate P.0 Box 1?5U Raleig?,orttl ?ar 27602
rs . clonroe Lane Dillon Highway Rowland, North Carolina
a (7 D T Raleigh, North Car
XI. Certification requirement: I certify that to the best of my knowledge, the proposed activity complies
with the State of North Carolina's approved cos,W management program and will be conducted in a
manner consistent with such program.
XII. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and p12L Applicants should therefore describe- in the application and plat all nd ipated devel-
opment activities, including construction, excavation, filling, and la ear'
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