19910235 Ver 1_COMPLETE FILE_19910202

i OCT 04 '93 09 : 47AM
I
of .
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT,
HEALTH, AND NATURAL RESOURCES
RALEIGH REGIONAL OFFICE
3800 Barrett Drive, Suite 101
Raleigh, NC 27609
Telephone: [phone]
FACSIMILE MESSAGE
TO:
FROM:
FAX NO.: J - 13 3 f
SUBJECT:
DATE. /? ?s TIME:
P.1/3
FAX: [phone]
A m MAO m w rwk ?-A?
f>EHNFi
NUMBER OF PAGES BEING SENT (INCLUDING THIS PAGE):
.MESSAGE: L ?S ki5d164J ,Q L? ? ?"
J. Z OCT 04 '93 09:47AM

October 1, 1993
Mr. Forrest Franklin
2912 Franklin Road
Hillsborough, NC 27278
P.2/3
Subject: Wetlands Disturbance Activity
Forrest Franklin Property
Franklin Road
Orange County
Dear Mr. Franklin:
On September 30, 1993, Mr. Karl Shaffer of the Raleigh
Regional office met with you to discuss the existing and proposed
wetlands disturbance activity on your property. Mr. Eric Alsmeyer,
U.S. Army Corps of Engineers, has also been to the site and is
aware of your activity. Pursuant to the activity and phone
conversations between Mr. Shaffer and Mr. Alsmeyer, the following
conclusions have been reached.
The original State issued Certification dated October 21,
1991 is for fill to construct a road 40 feet wide to access an
upland, landlocked portion of your property and to raise the height
of the existing dam to increase the water depth in the pond. The
disturbance which has occurred since then was not a part of the
original certification. Up to now, approximately one acre has been
disturbed. The Nationwide 26 Permit issued to you from the Army
Corps of Engineers dated July 16, 1991, authorizes this activity,
with required State approval.
The wetlands on site are determined to have significant value.
Therefore, avoidance or minimization of wetlands impacts must be
practiced on your behalf. It is the opinion of this office that
further impact to the site, resulting in greater than one acre of
wetlands impact, is not required to gain access to the upland
portion of your tract. Uses which would be removed by further
impact include wildlife habitat, water storage, and pollutant
removal.
A separate application must be filed if you intend to further
your impacts to exceed one acre. The site has been flagged by Eric
Alsmeyer to show the limits of one acre of impact. Road
construction must be done entirely within this area unless another
permit is applied for and received. As mentioned above, this office
feels that further impacts are not warranted for the scope of the
project.
{ V OCT 04 '93 09:47AM
Mr, Forrest Franklin
Page -2-
If you have any questions concerning this information ,
please contact Mr. Shaffer at [phone].
Sincerely,
Kenneth Schuster, P.E.
Regional Supervisor
P.3/3
cc: Mr. Eric Alsmeyer
Mr. John Dorney
O DI
Q Printed on Recycled Paper
N.C. Dept. of Environment, Health, and Natural Resources
STAYE
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor
William W. Cobey, Jr., Secretary
George T: Everett, Ph.D.
Director
October 28, 1991
Regional Offices Mr. Forrest Franklin
Asheville 2912 Franklin Road
704251-6208 Hillsborough, North Carolina 27278
Fayetteville
919/486-1541 Dear Mr. Franklin:
Mooresville
704/663-1699 Subject: Modification of
Certification #
Raleigh DEM # 91360
919/733-2314 Orange County
Washington
401 Water Quality
2640
919/946-6481 on 21 October 1991, I sent you Water Quality Certification #
Wilmington 2640 for an access road for your project in Orange County. This
919/395-3900 Certification approved a road 40 by 3000 feet across a pond. The
correct road dimensions should have been 40 by 300 feet.
Winston-Salem
919/896-7007 Therefore, Water Quality Certification # 2640 is hereby modified
to approve an access road 40 feet by 300 feet across the pond.
If you have any questions please contact Mr. John Dorney at
919/733-5083.
Sincerely,
Geo e T. Everett
JRD/kls
Franklin.ltr/D-2
cc: Wilmington District Corps of Engineers
Corps of Engineers, Raleigh Field Office
Raleigh DEM Regional Office
John Dorney, DEM Central Office

P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] / Pollution Prevention Pays
An Equal Opportunity Mirmativc Action Employer
,,?sra>Fo
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor
William W. Cobey, Jr., Secretary
October 21, 1991
Regional Offices Mr. Forrest Franklin
Asheville 2912 Franklin Road
704251-6208 Hillsborough, N.C. 27278
George T. Everett, Ph.D.
Director
Fayetteville
919/486-1541
Subject: Certification Pursuant to Section 401 of the Federal
Mooresville
,
704/663-1699 Clean Water Act
Proposed road access and dam repair
Raleigh Project DEM # 91360
919/733-2314 grange County
Washington
919/946-6481 Attached hereto is a copy of Certification No. 2640 issued
Wilmington to Mr. Forrest Franklin dated October 21, 1991.
919/395-3900
Winston-Salem If we can be of further assistance, do not hesitate to
919/896-7007 contact us.
Sincerely,
Ge rge T. Everett
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Regional Office
Raleigh DEM Regional Office
Mr. John Dorney
Mr. John Parker
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] / Pollution Prevention Pay,
An Equal Optxatunity Affirmative Action LmPluvcr

NORTH CAROLINA
Orange 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 Mr.
Forrest Franklin pursuant to an application filed on the 12th day
of July, 1991 to fill an area 40 feet by 3000 feet across a pond
for road access and increase the existing dam's height.
The Application provides adequate assurance that the
discharge of fill material into the waters of an unnamed
tirbutary of the Eno River in conjunction with the proposed road
and dam repair in Orange 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 25 NTU's or less
are not considered significant).
2. If the upper part of the pond is drained, a separate 401
Certification will be required for any fill.
3. The Raleigh Regional Office of DEM shall be notified in
advance of the start of construction (Mr. Tim Donnelly
919-733-2314).
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 21st day of October, 1991.
DIVISION OF ENVIRONMENTAL MANAGEMENT
(LL-A),ZA
eor a T. Everett, Dir ctor
WQC# 2640
CERTIFICATE OF PUBLICATION
s
NORTH CA> INA DIVISION
OF E"1`1Vift- NMENTAL
M04AO MENT
PU6LI-i5 s hereby given
that VIL Forrest ganklin, Franklin
Road near Hillsborough, North Car-
olina,, has ;appli'd to the North
Carolina Division of Environmental
Management for aWater Quality
Certification purs4ont to Section
401 of the Federa?Clean Water Act
and Env! ronMe;6Q, : Management
Commission ruleilf 15A NCAC 2H
.0500 and 15A NCAC 213 .0109.-
the activity or which the certifica-
tion is sought is4to build a causeway
across his ;pond for highground
access on an unnamed tributary to
the Eno River in 0 ,nge County.
The public is invited to comment
on the above mentioned application
to the Division of; YEEnvironmental
Management. Coin is °shall be
in writing and:sWl;b.received by';
the Division.no.later e' Septem-
should be
ber26;1.991 ,=,,.
sent to N:C vs.. f Environ-
tenTaanagemyert,4lMter Qual-
ity Planning, Post Office Box'
29535; Raleigh, 4c tt1' Carolina
27626-0535,Atteibi4John Dor
ney. A copy of,tt a ap tiolh Is. on
file at, the Division; ?? at,3800
Barrett Drive, ; AAleij h, N.C..
27609,- Raleigh:.R6gioraak bffiGe
(919 733-2314;411rifnorrmal bust-
Hasa hours arSd `rria be Ws?cted
by -the public
Georgdl T?-IVs'
DirectcSi`:Nortfa ex a,!, I
vision- of Ertvirb nrbental
Managerraeit
ember 6, 4 ?9?1
I Susan Jensen
do hereby certify that I am the
Administrative Coordinator
of The Chapel Hill Newspaper a newspaper published in
Chapel Hill, Orange County, N.C. and that the attached in re
Public Notice
was printed in the said Chapel Hill Newspaper in the issues
of
Septembe 6, 1991
Signed:_ i Q
Sworn and subscribed to before me, a Notary Public, on the
44-1 day of , 19 L) in
Chapel Hill,
Notary Public
My commission expires I R `bm v?

... -
n +sUity?
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street 0 Raleigh, North Carolina 27604
James G. Martin, Governor George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary September 3, 1991 Director
The Chapel Hill Newsletter
P.O. Box 870
Chapel Hill, N.C. 27514
ATTN: Legal Ad Department
Dear Sir:
SUBJECT: Public Notice
Please publish the attached Public Notice one time in the
section set aside for Legal Advertisements in your newspaper.
The publication should run on or before September 6, 1991. Please
send the invoice for publication and three copies of the
affidavit of publication to the address given below. Payment
cannot be processed without the affidavit of publication.
N.C. Division of Environmental Management
Water Quality Section
Post Office 29535
Raleigh, North Carolina 27626-0535
Attn: John Dorney
If you have any questions concerning this matter, please call
me at 919/733-5083.
Sincerely,
Jo n Dorney
401 Certifications
JRD/kls
PubNot.ltr/D-7
cc: John Dorney Regional Offices
Karl Schafer, RRO
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/733-2314 919/946.6481 919/395-3900 919/761-2351
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
1J ^
NORTH CAROLINA DIVISION OF ENVIRONMENTAL
MANAGEMENT
PUBLIC NOTICE is hereby given that Mr. Forrest Franklin, Franklin
Road near Hillsborough, North Carolina, has applied to the North
Carolina Division of Environmental Management for a Water Quality
Certification pursuant to Section 401 of the Federal Clean Water
Act and Environmental Management Commission rules in 15A NCAC 2H
.0500 and 15A NCAC 2B .0109. The activity for which the
certification is sought is to build a causeway across his pond
for highground access on an unnamed tributary to the Eno River in
Orange County.
The public is invited to comment on the above mentioned
application to the Division of Environmental Management.
Comments shall be in writing and shall be received by the
Division no later than September 26, 1991. Comments should be sent
to N.C. Division of Environmental Management, Water Quality
Planning, Post Office Box 29535, Raleigh, North Carolina
27626-0535, Attention: John Dorney. A copy of the application
is on file at the Division office at 3800 Barrett Drive, RAleigh,
N.C.. 27609, Raleigh Regional Office [phone] during normal
business hours and may be inspected by the public.
George T. Everett irector
-North Carolina D v sion of
Environmental Management
DATE: Sept.3, 1991
9
71
State of North Carolina `may 4
Department of Environment, Health, and Natur esO? a s_2/
Raleigh Regional Office
James G. Martin, Governor d;'John Maguire
s
t
William W. Cobey, Jr., Secretary ;Regional Manager
AUGUST 23, 19914x,`
AUG 27 1991
,,q
MEMORANDUM lNa ?'a - ? Zly ` ,r"?. L.. 4 4 E l9 3
A .i = ?
To: John Dorney SECTION
Through: Arthur Mouberry- Regional Supervisor
Tim Donnelly- Regional Water Quality Supervisor
From: KS Karl Shaffer- Soil Scientist
Subject: Forrest Franklin
Water Quality Certification
Project No. 91360
Orange County
Mr. Franklin owns a pond with approximately 3 acres of
surface water which he proposes to make some improvements to. The
pond currently is shallow and has standing dead timber over much
of the area. Mr. Franklin proposes to do the following:
1. Fill an area approximately 40 feet wide at the base by
300 feet in length across the center of the pond for
access to a land-locked portion of his property. The
Corps of Engineers has already issued a Nationwide 26
Permit for this activity.
2. Add some fill to the current dam to increase the overall
pond depth. Currently the pond is shallow and is
resulting in the growth of emergent plant species in
many areas.
3. Possibly in the future, drain a portion of the upper
pond (which will be created when the pond is disected
with the road) and establish permanent pasture in the
low area. This may require additional fill and should not
be allowed to go over one acre (including the fill for
the road).
The wetlands rating sheet (enclosed) shows this to be a
relatively high-quality wetland system. However, Mr. Franklin's
plans will not detract from the wetlands ultimate water quality
uses. His plans will change somewhat the flora and fauna of the
pond but will still serve as a high value wetland for wildlife
use as well as water quality functions. The fill material which
will be used is crushed concrete block and inert building
material. I discussed the consequences to Mr. Franklin of using
anything but inert, nonhazardous, clean fill material.
3800 Barrett Drive, Suite 101 • Raleigh, N.C. 27609
Telephone [phone] • FAX Number [phone]
An Equal Opportunity Affirmative Action Employer

Mr. Forrest Franklin
Page -2-
The following requirements were discussed with Mr. Franklin
on-site and should be made conditions of the Water Quality
Certification:
1.Erosion and Sedimentation control are required during the
construction phase and filling phases of the project. If
turbidity standards are violated downstream due to this project,
the activity will be stopped immediately.
2.If the upper portion of the pond is permanently drained, a
permanent vegetative cover must be established immediately and
maintained permanently. Total fill for the entire project shall
be no greater than one acre.
3.The Raleigh Regional Office shall be notified of the
proposed start and duration of the activity so that periodic
inspections may be made.
One of the main reasons for this project is to access the
landlocked portion of the property for a future homesite. Due to
this fact, DEM STRONGLY encourages Mr. Franklin to assure through
the local health department that on-site sewage will be available
to him on that tract of land.
Mr. Franklin also wishes to be placed on the mailing list
from your office for any rules or guidelines that pertain to
wetlands, as he is in the grading and construction business.
The Raleigh Regional office recommends a 401 WaterQuality
Certification be issued for the project with the above conditions
attached.
cc: Orange County Planning Department
Mr. Forrest Franklin
WETLAND RATING SYSTEM WORKSHEET
roject No. or description r6nre,?& -4
ocationit?r.u??fs'?,?aS/c,?u:5•Ie:?M;lp^'no
County ?,?,.,0_ Nearest road or town";''
River basin ?',,er, .c IJ 0;r,-0 t 61.T 0/ EPP 4';?er C?
Nearest stream and class ificationW( - /VsU„/
J
valuators
gency and address OEAIIII - P,?)0
ate and time evaluated-, Z ZrJgl
ajor Wetland Type -YAr na0L 2'.rc.
Approximate size of wetland system acres
Approximate extent of wetlands in area - acres
within 5,-? miles
Three most common plant
G[C L species _ (in order):
iV? !?, f/?%?((?/? ,? - V 1 fNt?wY l !. (U L/(S/ Q??." wii,
Al Series (if known) AJIA
?drologic indicators ,v%
Direct surface hydrologic connection? YES NO
isting Conditions
Drainage S?-f %s
Disturbanc eZIA1.1

Restoration pote is
Restoration value
--4,4e,
site known to provide habitat for rare, endangered or
ened species? Alo If so, list species observed or recorded.
em No.
ation/Landscape
1 Natural area buffer
2 Sensitive watershed
3 Dispersal corridor system
ological values
4 Special ecological attributes
5 Wildlife habitat
6 Aquatic life
7 Water storage
3 Streambank stabilization
3 Removal of pol.lutants
Human Values
0 Outdoor recreation/education
11 Economic value
Score (circle one)
5
3 4 3 2 1
5 4 3 Q2 1 0
5 4 0 2 1 0
5. 4 3 2 1 0
5 4 3 2 1 0
5 4 3 2 1 0
5 4 © 2 1 0
5 0 3 2 1 0
5 C'? ) 3 2 1 0
5 4 3 2 1 0
Total score
Site description and notes• Ott e' w% sf&ir ry',2" - -'u'l.?
O 0 J
cu2a d d / ?? ° p? ` 366 JI&I e'? ? o-?.? f a o ?, JJ
.?'- e • f W; // -GP ,Po vl r7??z - ?=' mss, 6G? ff f"o?5??? o?t ?a di?r Pa???! .

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY RE==R TO
Regulatory Branch
Nationwide Permit No. 26
July 16, 1991
Mr. Forrest Franklin
2912 Franklin Road
Hillsborough, North Carolina 27278
Dear Mr. Franklin:

.: 1
Cam- ? ??
•? f \
Reference is made to your meeting of April 19, 1991 with Mr. Eric
Alsmeyer of my staff and Mr. James Hinkley of the Orange County Planning
Department on your property on Franklin Road near Hillsborough, Orange
County, North Carolina. The purpose of that meeting was to discuss previous
fill activities on your property and further fill activities you are
proposing. The proposed and completed work is located adjacent to, and
above the headwaters of, an unnamed tributary to the Eno River.
For the purposes of the Corps of Engineers' Regulatory Program, Title
33, Code of Federal Regulations (CFR), Part 330, published in the Federal
Register on November 13, 1986, lists nationwide permits. Authorization was
provided for discharges of dredged or fill material into non-tidal rivers,
streams, and their lakes and impoundments, including adjacent wetlands, that
are located above the headwaters and other non-tidal waters of the United
States, including adjacent wetlands, that are not a part of a surface
tributary system to interstate waters or navigable waters of the United
States.
Your completed work, involving adverse modification to less than an acre
of waters and wetlands, is authorized by nationwide permit. However, please
be aware that this authorization does not relieve you of the responsibility
to obtain any required State or local approval. Also, pursuant to Section
404 of the Clean Water Act, the additional proposed work which you discussed
with Mr. Alsmeyer, involving the discharge of dredged or fill material in
waters of the United States, including wetlands, will require prior
Department of the Army approval. Conversely, Federal permits are not
required for ground-disturbing activities restricted to high ground.
On November 15, 1989, the Department of the Army and the U.S.
Environmental Protection Agency signed a memorandum of agreement (MOA)
establishing procedures to determine the type and level of mitigation
necessary to comply with the Clean Water Act, Section 404(b)(1) Guidelines.
This MOA, which became effective on February 6, 1990, provides for (1)