19920678 Ver 1_COMPLETE FILE_19920101

State of North Carolina
?,. Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P. E.,* Director
Certified Mail
Return Receipt Requested
Mr. Danny Lee Simmons
Route 4 Box 297
Whiteville North Carolina 28472
Dear Mr. Simmons:
Subject: Application for
Columbus County
DEM # 92678, COE
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C)EHNR
FILE COPY
Water Quality Certification
# 199203304
Your application for a Water Quality Certification under
Section 401 of the Federal Clean Water Act was received by the
Division on 12 November, 1992. The activity for which the
Certification is sought is to fill about one acre of wetlands to
excavate spoil from wetlands and then fill wetlands
with that spoil to build a proposed bait shop. A water Quality
Certification is a determination by the Division that the
activity for which the federal permit or license is sought is not
expected to result in a violation of state water quality
standards for the waters of the state.
My staff has reviewed your application and has identified
specific concerns for the impact of this project on water quality
standards. The wetlands which you have applied to fill provide
existing uses including water storage, pollutant removal and
wildlife habitat. Our regulations state that in order to approve
fill in freshwater wetlands, the applicant must demonstrate that
no practicable alternative exists ct (15A NCAC 2B .0109). We
have determined that practicable alternatives exist to your
present project design. These alternatives are to construct your
bait shop on pilings with a lesser amount of fill for parking
and/or septic tank and field. Because of these concerns for
potential violation of water quality standards, I have determined
that your application shall be denied.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
Yq '
Mr. Simmons
Page 2
If this denial is unacceptable to you, you have the right to
an adjudicatory hearing upon written request within thirty (30)
days following receipt of this denial. This request must be in
the form of a written petition conforming to Chapter 150B of the
North Carolina General Statutes and filed with the office of
Administrative Hearings, P.O. Box 27447, Raleigh, NC 27611-7447.
Unless such demands are made, this denial shall be final and
binding. Finally, we are available to further discuss
modification to your proposal which would answer our objections
and allow issuance of a 401 Certification.
If you have any questions concerning this denial, please
contact Mr. John Dorney in the Water Quality Planning Branch of
this Division at [phone].
Sincerely,
Ole A. Preston Howard, Jr. P . E .
92678.den
cc: Wilmington DEM Regional Office
U.S. Army Corps of Engineers Wilmington Office
U.S. Army Corps of Engineers Wilmington Field Office
John Parker
John Dorney
Central Files
Rep. Dewey Hill
Senator R.C. Soles, Jr.
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199203304
November 12, 1992
PUBLIC NOTICE
MR. DANNY LEE SIMMONS, Route 4, Box 297, Whiteville, North Carolina,
28472, has applied for a Department of the Army (DA) permit TO PLACE FILL
MATERIAL IN WETLANDS FOR THE PURPOSE OF CONSTRUCTING A BUILDING, ON S.R. 1928
AT ITS INTERSECTION WITH THE WACCAMAW RIVER ABOUT 4 MILES EAST OF OLD DOCK, IN
COLUMBUS 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 fill is to be placed in a 98-foot-wide by
227-foot-long lot. Fill material is to come from a 90-foot-wide by
227-foot-long borrow pond to be excavated directly adjacent to and northwest
of the fill lot. Both of these projects are located entirely in wetlands and
will result in impacts to just under one acre of land.
The proposed work site is located in the alignment of a former temporary
detour constructed by the North Carolina Department of Transportation,
Division of Highways (DOT), in the late 1980's during their replacement of the
S.R. 1928 bridge over the Waccamaw River. Although DOT has not completed the
removal of all temporary fill material within the entire length of the
project, wetland elevations have been restored within the proposed work site.
During the DOT project, most of the soil, identified as a Muckalee sandy
loam in the Columbus County soil survey, within the detour alignment was
excavated and backfilled with white sand. As a result, natural soil does not
exist at the surface of the ground within the project limits. However,
wetland hydrology present on the site is becoming evident within the sand,
specifically being characterized by the presence of organic streaking and
oxidized rhizospheres. Vegetation within the site has been severely disturbed
by DOT's work, but pioneer species present on the site include black willow
saplings (Salix niara), Carex sp, wool grass (Scirpus cvperinus), and
maidencane (Panicum sp). Undisturbed wetlands adjacent to the project site
are vegetated with species including red maple (Acer rubrum), cypress
(Taxodium distichum), black gum (Nvssa sp), ash (Fraxinus sp), wax myrtle
(Myrica cerifera), royal fern (Osmunda reaalis), netted chain fern (Woodwardia
aerolata), and lizard's tail (Saururus cernuus).
-2-
e b
The area is currently being used as a boat access to the Waccamaw River.
A drive from the existing hard surface road exists just before the guard rail.
It appears that some fill material has been placed at the bottom of the road
shoulder to facilitate vehicular traffic down this slope. Traffic then
proceeds along the old temporary detour to a low spot on the River's bank.
The applicant has stated in the past that this area has been used for quite a
while as a boat launch for local fishermen. The purpose of the work is to
fill an area for the construction of a building, perhaps a bait and tackle
shop or a small cabin, as well as provide a nearby borrow area. 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
DA permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management (NCDEM) has
determined the applicability of a Water Quality Certificate as required by
PL 92-500.
This application is being considered pursuant to Section 404 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.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will 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
-3-
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 and flood plain values (in accordance with Executive Order
11988), 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.
The U.S. Army Corps of Engineers (USACE) is soliciting comments from the
public; Federal, State and local agencies and officials; Indian Tribes and
other interested parties in order to consider and evaluate the impacts of this
proposed activity. Any comments received will be considered by the USACE
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this DA permit will not be made
until the NCDEM issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM 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 DA permit
serve as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
-4-
`s
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 NCDEM plans to take final action in the issuance of the Clean Water
Act certification on or after December 7, 1992.
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 November 30, 1992, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m.,
December 14, 1992, or telephone [phone].
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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary Director
November 18, 1992
MEMORANDUM
To: W. A. Preston Howard, Jr., P.E.
Acting Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199203304
dated November 12, 1992 describing a proposed project by Mr. Danny Lee Simmons 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 lDeccemher 14, 1992. If you have any questions regarding the
proposed project, please contact me at 733-2293. When appropriate, in-depth
comments with supporting data is requested.
REPLY This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
Date 2 it Al
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
ff
MEMORANDUM
TO:
John Dorney
Planning Branch
SUBJECT: WETLAND STAFF
lau 9 Q 19W
***EACH ITEM MUST BE ANSWERED (N/A-NOT APPLICABLE)***
INITIALS:
Reviewer
WQ Supv: ?-SS
-?/-9
Date:
PERMIT_YR: 92 PERMIT-NO: 0000678 COUNTY: COLUMBUS
APPLICANT NAME: DANNY LEE SIMMONS
PROJECT-TYPE: BUILDING PERMIT-TYPE: IND
199203304 DOT-#:
RCD_FROM CDA: APP DATE _FRM_CDA: 11/22/92
REG_OFFICE: WIRO RIVER-AND-SUB-BASIN-#: 6-3 07 5 '?
STREAM-CLASS: (5L-1
STR INDEX NO: 5S_ 6)
WL IMPACT?: ON
WL_REQUESTED : 0,1-7
HYDRO_CNECT?: Y'N
MITIGATION?: Y/OT
MITIGATION-SIZE: ,p4-
COMMENTS:
WL_TYPE : 6 R B
WL_ACR_EST?: ®/N
WL SCORE(#): ?•?
MITI GATION-TYPE:
IS WETLAND RATING SHEET ATTACHED?:DN
RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY
_ n _T. L.-- - ?`
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Central Files`

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Aquatic life value -- ?k"Q4"v
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o Carolina bay o Salt marsh •
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Wetland area, acres Wetland width U col a -3p150 feet
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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199203304
)-' jI PUBLIC NOTICE
November 12, 1992
MR. DANNY LEE SIMMONS, Route 4, Box 297, Whiteville, North Carolina,
28472, has applied for a Department of the Army (DA) permit TO PLACE FILL
MATERIAL IN WETLANDS FOR THE PURPOSE OF CONSTRUCTING A BUILDING, ON S.R. 1928
AT ITS INTERSECTION WITH THE WACCAMAW RIVER ABOUT 4 MILES EAST OF OLD DOCK, IN
COLUMBUS 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 fill is to be placed in a 98-foot-wide by
227-foot-long lot. Fill material is to come from a 90-foot-wide by
227-foot-long borrow pond to be excavated directly adjacent to and northwest
of the fill lot. Both of these projects are located entirely in wetlands and
will result in impacts to just under one acre of land.
The proposed work site is located in the alignment of a former temporary
detour constructed by the North Carolina Department of Transportation,
Division of Highways (DOT), in the late 1980's during their replacement of the
S.R. 1928 bridge over the Waccamaw River. Although DOT has not completed the
removal of all temporary fill material within the entire length of the
project, wetland elevations have been restored within the proposed work site.
During the DOT project, most of the soil, identified as a Muckalee sandy
loam in the Columbus County soil survey, within the detour alignment was
excavated and backfilled with white sand. As a result, natural soil does not
exist at the surface of the ground within the project limits. However,
wetland hydrology present on the site is becoming evident within the sand,
specifically being characterized by the presence of organic streaking and
oxidized rhizospheres. Vegetation within the site has been severely disturbed
by DOT's work, but pioneer species present on the site include black willow
saplings (Salix niara), Carex sp, wool grass (Scirpus cwerinus), and
maidencane (Panicum sp). Undisturbed wetlands adjacent to the project site
are vegetated with species including red maple (Acer rubrum), cypress
(Tixodium distichum), black gum (Nvssa sp), ash (Fraxinus sp), wax myrtle
(Mvrica cerifera), royal fern (Osmunda regalis), netted chain fern (Woodwardia
aerolata), and lizard's tail (Saururus cernuus).
t' K
-2-
The area is currently being used as a boat access to the Waccamaw River.
A drive from the existing hard surface road exists just before the guard rail.
It appears that some fill material has been placed at the bottom of the road
shoulder to facilitate vehicular traffic down this slope. Traffic then
proceeds along the old temporary detour to a low spot on the River's bank.
The applicant has stated in the past that this area has been used for quite a
while as a boat launch for local fishermen. The purpose of the work is to
fill an area for the construction of a building, perhaps a bait and tackle
shop or a small cabin, as well as provide 'a nearby borrow area. 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
DA permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management (NCDEM) has
determined the applicability of a Water Quality Certificate as required by
PL 92-500.
This application is being considered pursuant to Section 404 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.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will 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
14 f
-3-
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 and flood plain values (in accordance with Executive Order
11988), 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.
The U.S. Army Corps of Engineers (USACE) is soliciting comments from the
public; Federal, State and local agencies and officials; Indian Tribes and
other interested parties in order to consider and evaluate the impacts of this
proposed activity. Any comments received will be considered by the USACE
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this DA permit will not be made
until the NCDEM issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM 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 DA permit
serve as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North

-4-
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 NCDEM plans to take final action in the issuance of the Clean Water
Act certification on or after December 7, 1992.
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 November 30, 1992, Attention:
Mr. John Dorney.

Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m.,
December 14, 1992, or telephone [phone].
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State of North Carolina
- Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Certified Mail
Return Receipt Requested
Mr. Danny Lee Simmons
Route 4 Box 297
Whiteville North Carolina 28472
Affl7a;1%?EHNR
READER FILE
Dear Mr. Simmons:
Subject: Application for
Columbus County
DEM # 92678, COE
Water Quality Certification
# 199203304
Your application for a Water Quality Certification under
Section 401 of the Federal Clean Water Act was received by the
Division on 12 November, 1992. The activity for which the
Certification is sought is to fill about one acre of wetlands to
excavate spoil from wetlands and then fill wetlands
with that spoil to build a proposed bait shop. A water Quality
Certification is a determination by the Division that the
activity for which the federal permit or license is sought is not
expected to result in a violation of state water quality
standards for the waters of the state.
My staff has reviewed your application and has identified
specific concerns for the impact of this project on water quality
standards. The wetlands which you have applied to fill provide
existing uses including water storage, pollutant removal and
wildlife habitat. Our regulations state that in order to approve
fill in freshwater wetlands, the applicant must demonstrate that
no practicable alternative exists ct (15A NCAC 2B .0109). We
have determined that practicable alternatives exist to your
present project design. These alternatives are to construct your
bait shop on pilings with a lesser amount of fill for parking
and/or septic tank and field. Because of these concerns for
potential violation of water quality standards, I have determined
that your application shall be denied.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

Mr. Simons
Page 2
If this denial is unacceptable to you, you have the right to
an adjudicatory hearing upon written request within thirty (30)
days following receipt of this denial. This request must be in
the form of a written petition conforming to Chapter 150B of the
North Carolina General Statutes and filed with the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, NC 27611-7447.
Unless such demands are made, this denial shall be final and
binding. Finally, we are available to further discuss
modification to your proposal which would answer our objections
and allow issuance of a 401 Certification.
If you have any questions concerning this denial, please
contact Mr. John Dorney in the Water Quality Planning Branch of
this Division at [phone].
Sinc rely,
U A. Preston Howard, Jr. P.E.
92678.den
cc: Wilmington DEM Regional Office
U.S. Army Corps of Engineers Wilmington Office
U.S. Army Corps of Engineers Wilmington Field Office
John Parker
John Dorney
Central Files
Rep. Dewey Hill
Senator R.C. Soles, Jr.
?t ?-3?
MEMOS
TO:
QUALITY
cS?z SECTION
From:
06, srA?A'
y M.Y 10.1»5 • {-v
o North rolina Department of Environm ,
Hftlth, and Natural Resources printed on Recycled Paper
,9?
MEMO'
TO: CAW l
OJWd,l I I 60
- z'h
DATE:
SUBJECT: o detu_o??

57 o f - A?

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From: ?d
?'?NC STATE ?..
?C}t Mir ]o.i s /?
North Carolina Department of
ugMn}; Health, and Natural Resources
Environment,
4 Printed on Recycled Paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
ILFWA
?EHNR
WATER QUALITY SECTION
April 29, 1993
MEMORANDUM
To: John Dorney
From: Eric Galamb
Cherri SmithC_
Subject: Staff Recommendation of 401 Certification for Mr. Danny Lee Simmons
Columbus County
Cherri.Smith and Eric Galamb met on-site with Mr. Jim Gregson and Mr.
Simmons on March 30, 1993. Mr. Gregson presented photographs of the inspection
he made on January 15, 1993. The photographs show that the water level was higher
(approximately three feet deep) in January compared to the March inspection (water
was approximately one foot deep).
Two wetland ratings were performed on the proposed bait and tackle site. The
first rating was completed for the pond borrow site. The seasonally flooded swamp
forest is dominated by cypress, maple and gum. This site is providing significant uses
including water storage, pollutant removal, and wildlife and aquatic life habitat.
A second wetland rating was completed taking the existing cut-over condition
into consideration. The area had some submerged vegetation growing, however, the
water was too deep to identify it. When DOT replaced the existing bridge, they used
the proposed store location and adjacent areas as a borrow source for the bridge
approach work. A channel has developed on the property. Since less water is stored
in a channel compared to a relatively flat area, the water is conveyed to the river with
less nutrients and sediments being removed. The wetland rating reflects this reduced
efficiency.
DEM wants to minimize the impacts to wetlands and allow Mr. Simmons to
have a viable project. The building could be built on pilings which would reduce the fill
in the wetlands and the borrow pit would not be needed. An incinerating or
composting toilet would give adequate waste disposal without the need for a septic
tank and nitrification field and further reduce wetland impacts. The only remaining
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
Memo
April 29, 1993
Page 2
question was if running water is required. Mr. William Horn with the Columbus County
Health Department was contacted. Mr. Horn said that a means of waste disposal
would be needed but the Building Inspections would have to answer the question
about running water. Mr. Walter Batton with the Columbus County Building
Inspections Department was contacted and he referred me to Mr. Lee Hauser with the
N.C. Dept. of Insurance. Mr. Hauser referred me to Mr. Steve Steinback with the On-
Site Sewage Disposal Unit. However, Mr. Hauser said that incinerating toilets with a
disinfecting hand liquid could be used. Mr. Steinback and his staff could not be
reached and thus the Alamance County Health Department was contacted. Mr. Andy
Adams and Mr. Carl Carroll with the Alamance County Health Department confirmed
that the answer provided by Mr. Hauser was correct. Mr. Carroll stated that a
business would not be required to have running water, however, a toilet would be
necessary. Mr. Carroll said that an incinerating toilet could be installed for the same
cost as a conventional septic tank and nitrification field.
We recommend that the permit for Mr. Simmons be denied because there
would be impacts to surface water, and the wetland for the borrow pond and the store
have valuable uses. Mr. Simmons has not exhausted all viable alternatives. He could
minimize wetland fill by constructing the store on pilings and install an incinerating
toilet.
Attachment
cc: Cherri Smith
Eric Galamb
1

Wetiaxid area acres Wetland width 21000 feet
Nearest road , q ?-% Ass-r/µµtr,l G
J

Wetland type select one)
? Other •
•
• Swamp forest -D Shoreline °
• :_! Bottomland hardwood forest C3 Stream channel °
D Carolina bay u Salt marsh °
° ? Pocosin 0 Brackish marsh o
° t! Pine savannah - Freshwater marsh
• Wet flat Fj Bog/Fen •
.v? Perched .0 Vernal pool
• o p v s 0 b 0 • . 0 • • e e s • • • • • • • • • • • o • o • o ? • e • • o e e • • • o • e
Water storcage sum • • • • • o • • o-
Bank/ Shore line stabilization
-
4.00

•
r noval
Pollutant ei ...........

Sensitive watershed

::::: X 1.50 6

liiledard score.
?)rMmoN?s
aS iS (_V4 o vii-,
Wetland type (select one) ? Other •
• 0 Swamp forest D Shoreline •
a 0 Bottomland hardwood forest C Stream channel o
• 0 Carolina bay U Salt marsh a
° C.I Pocosin Brackish marsh °
>~I Pine savannah Freshwater marsh ,
• J Wet flat ? Bog/Fen °
o ! Perched ? Vernal pool a
° a v u o 9 b o• o a• o a• a••••• a••

e
W
t
ra
t ••? c o• o a o t

su
in • e a• a a• 0 f• a a 0••••••••• W

,
er s
o
g
a
Bank/Shoreline stabilization 00
Pollutant removal « °

Sensitive watershed
<::;
x 50

tl
lil •

c
r
d

Travel corridor f e o
e
an
s .

a
Special ecological attributes _ < !'> ` > » •
Wildlife habitat <? > x 1.50 =
Aquatic life value
...........
.

Recreation/Education `.
0'25 •
•
Economic value -
. ...
_
.
..
.., .
e
m c o o c o e n o 0 0 • o o • • o • • • ° o . .
.
•
• • • a o 0 0 0 0 • 0 0 • 0 0 o • • . • ¦ • • . • .. • o 0
acres Wetland width- feet
? Hydrologically connected . I] Hydrologically isolated
APR-2 9-.93 THU 1 1 : 44 ALA CO HEALTH DE P _ F7?
W
to ; <. * (D) The following design provisions are required for sloping sites:
(i) Separately valved manifolds are required for all subfield segments where the
elevation difference between the highest and lowest laterals exceeds three feet.
(ii)' The hole spacing, hole size or both shall be adjusted to compensate for relative
head differences between laterals branching off a common supply manifold and
to compensate for the bottom lines receiving more effluent at the beginning and
end of a dosing cycle. The lateral network shall be designed to achieve a ten to
30 percent higher steady state (pipe full) flow rate into the upper lines, relative
to the lower lines, depending on the amount of elevation difference.
(iii) Maximum elevation difference between the highest and lowest laterals in a field
shall not exceed ten feet unless the flow is hydraulically split between subfield
segments without requiring simultaneous adjustment of multiple valves.
(E) Turn-ups shall be provided at the ends of each lateral, constructed of Schedule 40 PVC
pipe or equivalent, and protected with sleeves of larger diameter pipe (six inches or
greater). Turn-ups and sleeves shall be cut off and capped at or above the ground
surface, designed to be protected from damage, and easily accessible.
(F) The supply manifold shall be sized large enough relative to the size and number of
laterals served so that friction losses and differential entry losses along the manifold
do not result in more than a 15 percent variation in discharge rate between the first and
last laterals,
(i) The ratio of the supply manifold inside cross sectional area to the sum of the
inside cross sectional areas of the laterals served shall exceed 0.7:1.
(ii) The reduction between the manifold and connecting laterals shall be made
directly off the manifold using reducing tees.
(iii) Cleanouts to the ground surface shall be installed at the ends of the supply
manifold.
(d) Mate valves shall be provided for pressure adjustment at the fields whenever the supply
line exceeds 100 feet in length. Valves shall be readily accessible from the ground
surface and adequately protected in valve boxes.
(6) Septic tanks, pump tanks, pump dosing systems, siphons, and siphon dosing tanks shall be
provided in accordance with Rule .1952 of this Section.
(A) Design flow rate shall be based upon delivering two feet to five feet of static pressure
head at the distal end of all lateral lines.
(B) Dose volume shall be between five and ten times the liquid capacity of the lateral pipe
dosed, plus the liquid capacity of the portions of manifold and supply lines which drain
between doses.
(b) FILL SYSTEM: A fill system (including new and existing fill) is a system in which all or part of the
nitrification trench(es) is installed in fill material. A fill system, including an existing fill site, may be
approved where soil and site conditions prohibit the installation of a conventional or modified septic tank
system if the requirements of this Paragraph are met.
(1) Fill systems may be installed on sites where at least the first 18 inches below the naturally
occurring soil surface consists of soil that is suitable or provisionally suitable, with respect to soil
structure and clay mineralogy, and where organic soils, restrictive horizons, saprolite or rock are
not encountered. Further, no soil wetness condition shalt exist within the first 12 inches below
the naturally occurring soil surface and a groundwater lowering system shall not be used to meet
this requirement. Fill systems shall not be utilized on designated wetlands unless the proposed
use is specifically approved in writing by the designating agency, The following requirements
shall also be met:
(A) Nitrification trenches shall be installed with at least 24 inches separating the trench bottom
and any soil horizon unsuitable as to soil structure, clay mineralogy, organic soil, rock or
saprolite. However, if a low pressure pipe system is used, the minimum separation distance
shall be 18 inches.
(B) Nitrification trenches shall be installed with at least 18 inches separating the trench bottom
and any soil wetness condition. This separation requirement for soil wetness conditions may
be met with the use of a groundwater lowering system only in Soil Groups I and 11. with
suitable structure and clay mineralogy. However, if a low pressure pipe system is used, the
minimum separation distance shall be 12 inches.
(C) Systems shall be installed only on sites with uniform slopes less than 15 percent. Storm
Page 31
A P R -2 9- 9 3
(D)
THU 1 1 : 59 ALA UU "E_"L_ I N LC
water diversions and subsurface interceptor drains or swales may be required upslope of the
system.
ically lot,, foot below the
The long-term acceptance rae s `floc ubt.se soiltile niost or to hydrauldepth
within l8 inches of the naturally
trench bottom, whichever is deeper. The lowest long-term acceptance rate fort he
applicable soil group shall be used for systems instilled pursuant to is Ra ll . Nofor gravity
long-term acceptance rate shall not axceed 1.0 gallons per foot install distribution or 0.5 gallons per clay p S?ll soils below low-pressure
the naturally o c ur Yng stemsosil surf e
on sites with at toast ll3 inches of tatouI
or to a depth of one foot below the trench bottom, whichever is deeper.
sirequirements a des gnragra flow
If the till system uses low-pressure pipe distribution, all the,
of this Rule, except Paragraph (a)( )(B), shall apply. Systems
greater than 480 gallons per day shall use low-pressure pipe distribution.
Fill material shall have s tr ical?on tr nchvs be orlla?ss?fp d $ cinches of fill used to co ?r? he
i) up to the top of the n
system shall have a finer texture (such as Group 11, III) for the establishment of a vegetative
cover. Existing till material shall have no more than ten percent by volume of fibrous
organics, building rubble, or other debris and shall not have discreet layers containing
greater than 35 percent of shell fragments.
Where till material is added, the till material and the existing soil shall be mixed to a depth
of six inches below the interface. Heavy vegetative cover or organic litter shall be removed
before the additional fill material is incorporated.
The till system shall be constructed as an elongated berm with the long axis parallel to the
ground elevation contours of the slope.
The side slope of the till shall not exceed a rise to run ratio of 1:4. However, if the first
18 inches billow the naturally occurring soil surface is Group I soil, the silt slope of the
fill shall not exceed a rise to run ratio of 1:3.
The outside, edge of the nitrification trench shall be located at least five feet horizontally
from the top of the side slope,
The fill system shall be shaped to shed surface water and shall be stabilized with a
vegetative cover against erosion.
The setback requirements shall be measured from the projected toe of the slope. However,
if this setback cannot be met, the setback requirements shall be measured from a point five
feet from the nearest edge of the nitrification trench if the following conditions are met:
(i) Slope of the site shall not exceed two percent;
(ii) The first 18 inches of soil beneath the naturally occurring soil surface shall consist of
Group I soils;
(iii) The lot or tract of land was recorded on or before December 31, 1989; and
(iv) A condition is placed upon the improvement Permit to require connection to a public
or community sewage system within 90 days after such system is available for
connection and after it is determined that 300 feet or less of sewer line is required for
(E)
(F)
(G)
(H)
(I)
(J)
(K
connection.
(M) The available space requirements of Rule .1945 of this Section shall apply.
(2) An existing rill site that does not mear the requirements of Paragraph (b)(1) of this Rule mny be
utilized for a sanitary sewage system if the following requirements are met:
(A) Substantiating data are provided by the lot owner (if not readily available to the local health
department) indicating that the fill material was placed on the site prior to July 1, 1977,
(B) The fill. material placed on the site prior to July 1, 1977 shall have such soil texture to be
classified as sand or loamy sand (Group t) for a depth of at least 24 inches below the
existing ground surface. This fill material shall have no more than ten percent by volume:
of fibrous organics, building rubble, or other debris. This fill shall not have discreet layers
containing greater than 35 percent of shell fragments. However, if at least 24 inches of
Group I fill material was in place prior to July 1, 1977, additional fill with soil texture
classified as Croup I may he added to meet the separation requirements of Paragraph
(b)(2)(D) of this Rule.
(C) Soil wetness conditions, as determined by Rule .1942(a) in this Section, are l8 inches or
t I`? greater below the ground surface of the fill placed on the lot prior to July 1, 1977. This
requirement shall be met without the use of a groundwater lowering system,
r - n i
0
(D) Low-pressure pipe distribution shall be used and shall meet all the requircawnts of
(D) Low-pressure pipe distribution shall be used and shall meet all the requirements of
Paragraph (a) of this Rules, except (a)(2)(B). The long-term acceptance rate shall not exceed Q
0.5 gallons per day per square foot. However, for existing fill sites with 48 inches of
• Croup I soils, conventional nitrification trenches utilizing a maximum long-term aect:ptancu
rate of 1.0 gallons per day per square foot may be installed in lieu of low-pressure pipe
systems. The minimum separation distance between the trench bottom and any soil wetness
condition or any soil horizon unsuitable as to soil structure, clay mineralogy, organic soil,
rock, or saprolite shall be 24 inches for low pressure pipe systems and 48 inches for
conventional systems. This separation requirement may be met by adding additional (group
I soil, but shall not be met with the use of a groundwater lowering system. Where fill is
to be added, the requirements of Paragraphs (b)(1)(C), (F), (G), (H), (J). (K), and the
following requirements shall be met:
(i) The side slope of the fill shall not exceed a side slope ratio of 1:3, and;
(ii) The setback requirements shall be measured from the projected toe of the slope.
However, if this setback cannot he met, the setback requirements shall be measures{
froin a point five feet from the nearest edge of the nitrification trench if the following
conditions are met:
(1) Slope of the site shall not exceed two percent,
(IT) The lot or it-act of land was recorded on or before December 31, 1989; and
(III) A condition is placed upon the Improvement Permit to require connection to a
public or community sewage system within 90 days after such system is
available for connection and after it is determined that 300 feet or less of sewer
line is required for connection.
(E) The available space requirements of Rule .1945 of this Section shall apply.
(F) The design flow shall not exceed 480 gallons per day.
(3) Other systems may be installed in fill if the requirements of Paragraph (e) of this Rule are met.
(c) A site classified as UNSUITABLE which cannot be approved for a system in accordance with Rule
.1956, and Paragraphs (a) or (h) of this Rule may be used for a ground absorption sewage treatment and
disposal system if written documentation, including engineering, hydrogeologic, geologic, or soil studies,
indicates to the local health department that the proposed system can reasonably be expected to function
satisfactorily. Such sites shall be reelassitied as PROVISIONALLY SUITABLE if the local health department
determines that the adequate substantiating data indicates that:
(1) a ground absorption system can be installed so that the effluent will receive adequate treatment:
(2) the effluent will not contarninate ground water or surface water; and
(3) the effluent will not be exposed on the ground surface or be discharged to surface waters where
it could cone in contact with people, animals, or vectors.
The State shall review the substantiating data if requested by the local health department.
(d) Individual aerobic sewage treatment units (ATUR) shall be sited, designed, constructed and operated in
accordance with this Rule to serve a design unit with a design flow rate of up to IS00 gallons per day, as
determined in Rule .1.949(a) or .1949(b) of this Section. ATVs shall not be used, however, where wastes
contain high amounts of grease and oil, including restaurants and food service facilities. The strength of the
influent wastewater shall be similar to domestic sewage with Biological Oxygen Demand (BOD) and suspended
solids not to exceed 300 pacts per million. ATUs shall comply with the requirements of the National
Sanitation Foundation (NSF) Standard 40 for Individual Aerobic Wastewater Treatment Plants and shall be
classified as meeting Class I effluent quality. NSF Standard 40 for Individual Aerobic Wastewater Treatment
Plants is hereby adopted by reference in accordance with G.S. 15013-14(c). ATUs shall bear the NSF mark
and the NSF listed model number or shall bear the certification inark and listed model number of a third party
certification program accredited by the American National Standards Institute (ANSI), pursuant to ANSI
Policy and Procedures for Accreditation of Certification Programs to certify ATUs in accordance with NSF
Standard Number 40. The ANSI Policy and Procedures for Accreditation of Certification Programs is hereby
adopted by reference in accordance with G.S. 15013-14(e). ATUs shall only be permitted where the unit is
to be operated and maintained by a certified wastewater treatment facility operator employed by or under
contract to the county in which the unit is located, and in accordance with this Rule.
(l) ATMs shall be constructed and installed in accordance with the plans which have been approved
by the Division of Environmental Health and shall comply with all requirements of this Rule.
Procedures for plan review and approval shall be in accordance with Rule .1953 of this Section.
(2) The rated capacity of ATUs listed as complying with NSF Standard 40 shall not be less than the
design daily flow as detertined by Rule .1949(a) or .1949(b) of this Section.
Page 33
A P R- 2 9- 9 3 T H U 1 1: 4 6 A L A C U H E= A L I H L t
(3) Tho following are minimum standards of design and construction of ATUS:
(A) Bloekouts in concrete ATU inlet openings shall leave a concrete thickness not less than one
inch in the plant wall. Inlet and outlet blockouts shall be made for a minimum of four inch
pipe and a maximum of six inch pipe. No blockouts or openingS shall bd permitted below
lv1?I the liquid level of the ATU.
(B) The inlet into the ATU shall be a straight pipe.
(C) The invert of the outlet shall be at least two inches lower in elevation than the invert of the
inlet.
(D) Interior baffle walls in concrete units shall be reinforced by the placing of six-inch by
j six-inch No. 10 gauge welded reinforcing wire. The reinforcing wire shall be bent to form
an angle of 90 degrees on the ends in order to form a leg not less than four inches long.
When the wire is placed in the mold, the four inch legs shall lay parallel with the side wall
wire and adjacent to it.
(E) Access openings shall be provided in the ATU top. Access shall be provided for cleaning
or rodding out the inlet pipe, for cleaning or clearing air or gas passage spaces, as an
entrance for inserting the suction hose in compartments that art required to be pumped out,
to allow for sampling the effluent, and for access to repair or maintain any system
components requiring repair and maintenance. All access openings shall have risers sealed
to the top of the ATU and extended at least to six inches above finished grade and designed
and tmaintaincd to prevent surface water inflow. Rule .1950(1) of this Section shall also be
met.
(F) Concrete ATUs shall be constructed in accordance with Rule ,1954(a)(9), (10), (11) an
(12) and .1954(b)(4) of this Section.
(G) Fiberglass reinforced plastic ATUs shall be constructed with materials capable of resisting
corrosion from sewage and sewage gases, and the active and passive loads on the unit walls.
(i) ATUs shall have the following minimum physical properties:
'11
Ultimate tensile strength.
Flexural ,
Flexural modulus
12,000 psi
strength: 19,000 psi
of elasticity: 800,000 psi
(ii) A vacuum test shall be performed on at least one ATU of each model number by an
independent testing laboratory, in accordance with ASTM D-4021, Standard
Specification for Glass-Fiber Reinforced Polyester Underground Petroleum Storage
Tanks, which is hereby adopted by reference in accordance with G.S. 1508-14(c).
Unit must withstand negative pressure of 2.5 pounds per square inch (69.3 inches of
water) without leakage or failure. Test results shall be included with the
specifications that are provided to the state for approval.
(iii) Composition of the finished unit shall be at least 30 percent fiberglass reinforcement
by weight. Minimum wall thickness shall be one-fourth inch. However. a wall
thickness of not less than three-sixteenth inch may be allowed in small, isolated areas
of the ATU.
(iv) Interior and exterior surfaces shall have no exposed fibers or projections, no blisters
larger than one-fourth inch in diameter, and no pores or indentations deeper than
one-sixteenth inch. The tank shall be watertight.
(H) Prefabricated ATVs other than precast reinforced concrete or fiberglass reinforced plastic
units shall be approved on an individual basis based on information furnished by the
designer which indicates the unit will provide effectiveness equivalent to reinforced concrete
or fiberglass reinforced plastic units.
(1) ATUs shall bear an imprint identifying the manufacturer, serial number assibncd to the
manufacturer's plans and specifications approved by the Division of Environmental Health,
and the liquid or working capacity of the unit. The imprint shall be located to the right of
Page 34
r - e _2>
A P R- 2 9- 9 3 T H U 1 1: 4 3 A L A C O H I-- R L l" " t
ALAMANCE COUNTY HEAD-TH OEpAP%TM
Cir41~am-Nop®az10 R094
Burlington, North Carotloa 27215.2971
Phono Nu:nbtf 227.0101

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Alaraance County Hcalth Department
20,9 North Orahom-Hoprdnlc Bond phone. [phone]
FAX; 570-21-4=-
N .C. 27217-2971 7,f
Humber of pa9e5:
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9 please ca{i:
if there are any problems with this transm{ssion,
. (918) 227-010 s immediately.
Fax Number (s19) 570•

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9-5 THE GENERAL ASSEMBLY OF

NORTH CAROLINA
FACSIMILE TRANSMITrAL SHEET
TIME
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NUMBER OF PAGES SFNT
(includes transmittal sheet)
TO: E R 1, C ?,4 Z t.9 M 8
FAX NUMBER:
FROM: ? e- 4,
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IF THERE HAVE BEEN ANY PROBLEMS WrM THIS TRANSNIISSION
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TAE

APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL N0.0710-0003
(33 CFR 325) Expires 30 September 1992
Public reporting burden for this collection of information is estimated to average S hours per response for the majority of cases, Including the time for reviewing Instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Applications for larger or more complex
projects, or those In ecologically sensitive areas, could take up to SW hours. Send comments regarding this burden estimate or any other aspect of this collection of information,
Including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service, Directorate for Information Operations and Projects, 1215 Jefferson
Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Please
DO NOT RETURN your completed form to either of these addresses. Completed application must be submitted to the District Engineer having jurisdiction over the
location of the proposed activity.

The Department of the Army permit program is authorized by Section 10 of the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act and Section 103 of the Marine,
Protection, Research and Sanctuaries Act These laws require permits authorizing activities In or affecting navigable waters of the United States, the discharge of dredged or fill
material into waters of the United States, and the transportation of dredged material for the purpose of dumping it Into ocean waters. Information provided on this forth will be used
in evaluating the application for a permit. Information in this application is made a matter of public record through Issuance of a public notice. Disclosure of the information
requested is voluntary; however, the data requested are necessary in order to communicate with the applicant and to evaluate the permit application. If necessary information is
not provided, the permit application cannot be processed nor can a permit be issued:
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings
and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned.
1. APPLICATION NUMBER (To be assigned by Corps) 3. NAME, ADDRESS, AND TITLE OF AUTHORIZED AGENT
Telephone no. during business hours

2. NALEE AND ADDRESS OF APPLICANT ,
?
n
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Wh / i c V ! Statement of Authorization: I hereby designate and authorize
to act in my
Telephone no. during business hours behalf as my agent in the processing of this permit application and to fumish,
upon request, supplemental information in support of the application.

A/C (9?y) (Residence)
arc (office) SIGNATURE OF APPLICANT DATE
4. DETAILED DESCRIPTION OF PROPOSED ACTIVITY
4a. ACTIVITY
F1W /'001? ,o? q toX /
4b. PURPOSE
Ta ?n sfyt?c cr 1D7' I r r ?u1r?q??n / ?r?ia?os q Z4
S
5170 D /? q S`i1Q ?l c4?
4c. DISCHARGE OF DREDGED OR FILL MATERIAL
?? ?? t i 0 ?t CX ?r2c T? eh/hGf b ?? ?6 ai /I

. Afy OWNEM. M., WHOSE PROPPI"ITY ALSO ADJOINS THI! WAT01AWAY
5. NAMES AND A150RE8SE8 OF Aft ff)iNINO 14140ft
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1), /,7?a ?eac?l PirLg IN/ei 23?1.5?
6. WATERBODY AND LOCATION ON WATERBODY WHERE ACTIVITY EXISTS OR IS PROPOSED
?accamaw ? per
7. LOCATION ON LAND WHERE ACTIVITY EXISTS OR IS PROPOSED ;
ADDRESS:
/49 5- ern ac
STREET, ROAD, OUTE OR OTHER DESCR)PTIVE LOCATION
rin /a
COUNTY STATE ZIP CODE
LOCAL GOVERNING BODY WITH JURISDICTION OVERSITE
8. Is any portion of the activity for which authorization is sought now complete? ? YES NO
If answer is "yes" give reasons, month and year the activity was completed. Indicate the existing work on the drawings.
9. List all approvals or certifications and denials received from other federal, interstate, state or local agencies for any structures, construction, discharges or other
activities duscritxxl In, this application.
ISSUING AGENCY TYPE APPROVAL IDENTIFICATION NO. DATE OF APPLICATION DATE OF APPROVAL DATE OF DENIAL
10. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information contained in the
application, and that to the best of my knowledge and belief such information is true, complete, and accurate. I further certify that I possess the authority to
undertake the proposed activities or I am acting as the duly authorized agent of the applicant.
SIGNATU OF APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 3 has been filled out and signed.
18 U.S.C. Section 1001 provides that Whoever, in any manner within the jurisdiction of any department or agency of The United States
knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious or fraudulent
statements or representations or makes or uses any false writing or document knowing same to contain any false fictitious or
fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both.
(A,waiss W E NG FOAA# 1315) 'U.S. Governmont Printing Olfico: 1901 -.526-2'
eSTATE
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor
February 11, 1993
Mr. Danny Lee Simmons
Route 4, Box 297
Whiteville, North Carolina 28472
Dear Mr. Simmons:
Subject: BEM Project # 92678, COE # 119203304
Jonathan B. Howes, Secretary
The Division of Environmental Management, Water Quality Section has
reviewed your plans for wetland fill for wetlands at SR 1928 near the Waccamaw
River in Columbus County for a building site. Based on this review, we have
identified significant uses which would be removed by this project. These are
water storage, pollutant removal and wildlife habitat. Furthermore,
insufficient evidence is present in our files to conclude that your project
must be built in wetlands. Therefore, we are moving toward denial of your 401
Certification.
Please provide us with information supporting your position that your
project must be constructed in wetlands. Specifically can you construct your
building on nearby upland or prior converted farmland? Any documentation such
as maps and narrative which you can supply to address upland alternatives may
be helpful in our review of your 401 Certification. Please respond within two
weeks of the date of this letter.
If you have any questions, please call me at 919/733-1786.
Sincerely,
1
Jo n R. Dorney
JRD/kls
cc: Wilmington Regional Office
John Parker, Coastal Management
Wilmington Office COE
Central Files
P.O Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] Fax ,# 919.733-0513
An Equal Opportunity Affirmative Action Employer
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North Carolina (Seneral ?kssemh1V
*enate (94amher
'*tate ':esisltttille puilbins
?Rnleigll 27611
SENATOR R. C. SOLES, JR.
18TH DISTRICT
HOME ADDRESS: P. O. BOX 6 March 3 , 1993
TABOR CITY. N. C. 28463
Mr. Danny Lee Simmons
Route 4, Box 297
Whiteville, North Carolina 28472
Dear Mr. Simmons:
COMMITTEES
JUDICIARY I. CHAIRMAN
FINANCE. VICE-CHAIRMAN
AGRICULTURE
BANKS AND THRIFTS
CONSTITUTION
INSURANCE
PUBLIC UTILITIES
REDISTRICTING
RULES
WAYS AND MEANS
Thank you for your 2-29-93 letter. I will speak to
the regulating agencies about your property on County
Road 1928 near the Waccamaw river. Perhaps some
solution can be found which would allow you to
develop your property without endangering the
environment.
With my best wishes, I am
ince ely,
Very,
R. C. Sol s, Jr.
RCSJr.:jp
cc: Mr. John R. Dorney
Department of Environment
512 N. Salisbury Street
Raleigh, NC 27604
DEM Project # 92678, COE #199203304

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State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor
February 11, 1993
Mr. Danny Lee Simmons
Route 4, Box 297
Whiteville, North Carolina 28472
Dear Mr. Simmons:
Subject: BEM Project # 92678, COE # 199203304
Jonathan B. Howes, Secretary
The Division of Environmental Management, Water Quality Section has
reviewed your plans for wetland fill for wetlands at SR 1928 near the Waccamaw
River in Columbus County for a building site. Based on this review, we have
identified significant uses which would be removed by this project. These are
water storage, pollutant removal and wildlife habitat. Furthermore,
insufficient evidence is present in our files to conclude that your project
must be built in wetlands. Therefore, we are moving toward denial of your 401
Certification.
Please provide us with information supporting your position that your
project must be constructed in wetlands. Specifically can you construct your
building on nearby upland or prior converted farmland? Any documentation such
as maps and narrative which you can supply to address upland alternatives may
be helpful in our review of your 401 Certification. Please respond within two
weeks of the date of this letter.
If you have any questions, please call me at 919/733-1786.
Sincerely,
Jo n aR.Dorney
JRD/kls l
cc: Wilmington Regional Office
John Parker, Coastal Management
Wilmington Office COE
Central Files
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] Fax t 919-733-0513
An Equal Opportunity Affirmative Action Employer

gz-?70
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199203304
November 12, 1992
PUBLIC NOTICE
MR. DANNY LEE SIMMONS, Route 4, Box 297, Whiteville, North Carolina,
28472, has applied for a Department of the Army (DA) permit TO PLACE FILL
MATERIAL IN WETLANDS FOR THE PURPOSE OF CONSTRUCTING A BUILDING, ON S.R. 1928
AT ITS INTERSECTION WITH THE WACCAMAW RIVER ABOUT 4 MILES EAST OF OLD DOCK, IN
COLUMBUS 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 fill is to be placed in a 98-foot-wide by
227-foot-long lot. Fill material is to come from a 90-foot-wide by
227-foot-long borrow pond to be excavated directly adjacent to and northwest
of the fill lot. Both of these projects are located entirely in wetlands and
will result in impacts to just under one acre of land.
The proposed work site is located in the alignment of a former temporary
detour constructed by the North Carolina Department of Transportation,
Division of Highways (DOT), in the late 1980's during their replacement of the
S.R. 1928 bridge over the Waccamaw River. Although DOT has not completed the
removal of all temporary fill material within the entire length of the_..
project, wetland elevations have been restored within the--proposed work site-P?>
During the DOT project, most of the soil, identified-as-a-Muckalee sandy
loam in the Columbus county soil survey, within the detour alignment was
excavated and backfilled with white sand. As a result, natural soil does not
exist at the surface of the ground within the project limits. However,
wetland hydrology present on the site is becoming evident within the sand,
specifically being characterized by the presence of organic streaking and
oxidized rhizospheres. Vegetation within the site has been severely disturbed
by DOT's work, but pioneer species present on the site include black willow
saplings (Salix rri ra), Carex sp, wool grass (Scirpus cvperinus), and
maidencane (Panicum sp). Undisturbed wetlands adjacent to the project site
are vegetated with species including red maple (Acer rubrum), cypress
(Tixodium distichum), black gum (Nvssa sp), ash (Fraxinus sp), wax myrtle
(Mvrica cerifera), royal fern (Osmunda regalis), netted chain fern (Woodwardia
aerolata), and lizard's tail (Saururus cernuus).
P-
-2-
The area is currently being used as a boat access to the Waccamaw River.
A drive from the existing hard surface road exists just before the guard rail.
It appears that some fill material has been placed at the bottom of the road
shoulder to facilitate vehicular traffic down this slope. Traffic then
proceeds along the old temporary detour to a low spot on the River's bank.
The applicant has stated in the past that this area has been used for quite a
while as a boat launch for local fishermen. The purpose of the work is to
fill an area for the construction of a building, perhaps a bait and tackle
shop or a small cabin, as well as provide a nearby borrow area. 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
DA permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management (NCDEM) has
determined the applicability of a Water Quality Certificate as required by.
PL 92-500.
This application is being considered pursuant to Section 404 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.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will 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
. --..
, '44t -3-

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 and flood plain values (in accordance with Executive Order
11988), 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.
The U.S. Army Corps of Engineers (USACE) is soliciting comments from the
public; Federal, State and local agencies and officials; Indian Tribes and
other interested parties in order to consider and evaluate the impacts of this
proposed activity. Any comments received will be considered by the USACE
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the.National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this DA permit will not be made
until the NCDEM issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM 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 DA permit
serve as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North

-4-
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 NCDEM plans to take final action in the issuance of the Clean Water
Act certification on or after December 7, 1992.
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 November 30, 1992, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Jeff Richter, until 4:15 p.m.,
December 14, 1992, or telephone [phone].
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO November 5, 1992
Regulatory Branch
Action ID. 199203304
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27681
Raleigh, North Carolina 27611-7687
Dear Mr. Dorney:
HN 12 ? -',
Wen?wus IT99 ,.,
Enclosed is the application of Mr. Danny Lee Simmons for Department of the
Army authorization and a State Water Quality Certification to place fill
material in wetlands adjacent to the Waccamaw River, near Old Dock, Columbus
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 authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification is 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, in most cases, 60 days
after receipt of a request for certification is a reasonable time for State
action. Therefore, if you have not acted on the request, or asked for an
extension of time, by December 28, 1992, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Ernest Jahnke, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
Thie, e Wri t
Regulatory Branch
Enclosure

-2-
Copy Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO October 27, 1992
Regulatory Branch
Action ID. 199203304
Mr. Danny Lee Simmons
Route 4, Box 297
Whiteville, North Carolina 28472
Dear Mr. Simmons:
Reference your application for Department of the Army (DA) authorization
to place fill material in wetlands adjacent to the Waccamaw River, near Old
Dock, Columbus County, North Carolina.
On February 6, 1990, the DA and the U.S. Environmental Protection Agency
(EPA) 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 provides for first, avoiding
impacts to waters and wetlands through the selection of the least damaging,
practical alternative; second, taking appropriate and practical steps to
minimize impacts on waters and wetlands; and finally, compensating for any
remaining unavoidable impacts to the extent appropriate and practical. To
enable us to process your application in full compliance with this MOA, we
request that you provide the following additional information:
a. Permits for work within wetlands or other special aquatic sites are
available only if the proposed work is the least environmentally damaging,
practicable alternative. Please furnish information regarding any other
alternatives, including upland alternatives, to the work for which you have
applied and provide justification that your selected plan is the least
damaging to water or wetland areas.
b. It is necessary for you to have taken all appropriate and practical
steps to minimize wetland losses. Please indicate all that you have done,
especially regarding development and modification of plans and proposed
construction techniques, to minimize adverse impacts.
C. The MOA requires that appropriate and practical mitigation will be
required for all unavoidable adverse impacts remaining after all appropriate
and practical minimization has been employed. Please indicate your plan to
mitigate for the projected, unavoidable loss of waters or wetlands or provide
information as to the absence of any such appropriate and practical measures.
This information is essential to our expeditious processing of your
application and it should be forwarded to us by November 27, 1992. Also, a
copy of this information must be sent to the North Carolina Division of
1? • «: 's
-2-
Environmental Management to enable them to adequately evaluate your
application for a Water Quality Certification pursuant to section 401 of the
Clean Water Act.
If you have questions, please do not hesitate to contact Mr. Ernest
Jahnke, Wilmington Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished:
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
XONavtural ''on of Environmental Management
Carolina Department of
ronment, Health and
Resources
ffice Box 27687
Raleigh, North Carolina 27611-7687
w -.? r'
Rt. 4 Box 297
Whiteville NC 28472
November 2 1992
Mr. Ernest jahnke
Wilmington District, Corns of Engineer,..--.-,
P.O. Box 1890
.it il€ t t .i. € t !. E •». ot . NC k. r 28402-1890
Dear Sir.
in regards 7 Mr. Wayne i'? r } t t ».. letter 1. } ! "' r i_y 3... !{i°. ,
2 1 2" • ' not understand all the regulations of
the Corps but this i i'.:::• all the property I have a'I...
this location. have laid this area out without
disturbing land adjoining the river. The e area of ' i' the
proposed lot '..sr• no'1': in 1ri•'y opinion, wetland.
€ € r:? area where .. want dig the pond for fill material .1.'
questionable. ... have submitted plans _. the Columbus County
Sanitation Dept. (MR. Neil Floyd) for septic tank approval.,
When Ms. Benton checked the land, .T advised her of m``: plans
and ..a .}..._.!..!l!.?E T her that .I: change would if _?. r them the Corps -: t:! [ .1.. #..t
help i'Itk•'` get approval of =: lot. ... see E other feasible :}•:i.'•.'`-'
to :1 fulfill this project.
Yours truly,-:
Danny Simmons
Copies to-
Environmental Protection Agency Region X
Wetlands Regulatory Unit
345 ,... ':::7'•-!. ? '.:ii! n 1, a St., N „ E_' .,
Atlanta, Georgia 30365
Mr. john Parker
N.C. Dept. .. Resources
'?'?„L_. of Environment, Health and Natural P.O. Box 276=277
Raleigh, NC 27611-763
Mr. john Dorney
Div ision of Envi ronmental Management
P.O . Box 27687
R
l i
h NC 2761 1-7687
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NOV - 5 1992
I 'P",
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tkie, the p---.,p le of Columbus -Y a):_.
feel that the Dann- Lee Simmons project at
giver Bridge woU!d not harm the environment
an asset to the OUtdoorsmen of this area.-
rea:
1711 =ding areas,
171
the Waccamaw
and would prove
!'Name Address
gm
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We, the people of -Columbus County and surrounding areas,
feel that the Danny Lee Simmons project at the Waccamaw
River Bridge would not harm the environment and would prove
an asset to the outdoorsmen of this area:
Name Address

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Add rr=ss
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::;?i? '1-?? js_+? __» C'I I?---".'Y; -i?- ,,,.:?i!'.:l•?_ ....?id c?-{ •i{{rt %?1;1r ._.? _?:?ry
t tat the r, f. ??t ?I?t 1 t 'jF L E•^_` w S i f-im 1 f..1 l? I ..- .. 3? •' i+? c t at. the W ._i c c» ' j r..a 4:1 .
= :.•;,? '; ;r!,,.µ, W3wUll rtc)t harms the an ='"±rort:Fierlt and v,, c)_?i J pv?
a7: s.. S5 -; et t" C-, thC- 0I_ttdocrs lite n a;: this are j

a-e,

• of

i3d X ;rs
?.. 2 13 oy t b Co - 0- -!>h VL, C a ?`O ()
liql--a f? ,, /G c, 14 5 k 4'0 7 J? y- o
X4
I Six dpi ? +??4 w? >s?za
a
We, the pe?.Dp'!a or e.olumbuz County and surrounding areas,
peel that the Lanny Lee Simmons project at the Waccamaw
River Bridge wo!:ld not harry, the environment and would prove
an asset to the outd orsmen of this area:
L7< O5' /?-/Al,0,S
:lame l GrC? Address
2 3 4e
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W , 'the peop:l e of eQ\tAm?U3 County and surrounding areas„
feel t Vat the Lanny Lee Simmons project at the Waccamaw
River ridge Would not harm the environment and would prove
an ass Et to the outdoorsmen of this area:
Name

c u 44 cam"

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4a?M?. C
U

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Address
Oy LA
QJ&
Jwtcw
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(? -t 1u 4JUjb Iv O,

W1, he pc-:"np.L EEC of CoWmbu5 County and ur-l OUnd.7_ng aI eaS p
feel tf,at the Danny Lee Simmons prose ct at the WaccaJTEIVJ
River icige would not harm the environment and wn" d pTOVe
an asset to the OUtdoo smen e this area:
!'?1ame
7'
?io0-X-1oo
r
Address
)ate ?f
3),09 &(L? 5, M) Dom. W ? (n"34on KC --)g 16 9
?o O 5 ?o p ari- C@ ?J Q. C czcc a aJ , w c d ff (,fS-6

• •r
`j'iM t-5,=jr-i i 1 v_--i? Columbus .r i? ?:?{- ?• }r•t } our, } ?_ _
c!^lc!V:
i ;?1 tl ` e ?,;'•!il"i'_. °C S itI'1}i.ons p:"'Ci7! c at t E.-: Wa Cc
^P:7 `. =3 j? L-irk- Ndrti:, l r• not h i°.T !.i.E? en ?'?.1-tiiif'.;»nt and would, prove
an ass It t-., the outuoorsmen o i=h? area
Ri .
(%Ani

Address
382 R AS), nc
?"µc.?. ? ? 1? off ? a z l?- S / f 72 , c,
,?.?Ace ?e?u#e 2 Sox boa Asl, X,C.'28y2o
?. ?.,.,.?.?,.. R???.?3? ,1+52 z?,1.,''_. 2 ?/ 1,1,P43
CLC-Q. ??--Z &??x loz o=,-sh ?1, c, ztswZ?o
race,
f'ootoe-C AOI1__

,LA?,E (dzcc&,zak) /V° c

fir.. .
1'•! „ ?.ne Pte,-? o o ? Columbus
feel t at t?.e Danny Lee Simmons
River ridote would not harm the
an ass t to the outdoorsmen o*
q
County and SUrrounding areas
pro ect at the Waccamaw
environment and. woUIc prove
this area:
Name Address
z c??-r==- /?' y s''
fit LI
DO'VI (&e.-
71 -
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/: . -1
-2-
Mr Jeff Richter of my staff is available to answer any questions ;1cu
have o to assist you in developing a revised plan. He may be reached at
teleph ne [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copies
Furnished:
Mr. Join Parker
Divisi n of Coastal Management
North arolina Department of
Envi onment, Health and
Natu al Resources
Post O fice Box 27687
Raleig , North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish a rd Wildlife Enhancement
Post O fice Box 33726
Raleig , North Carolina 27636-3726
Mr. La ry Hardy
Nation 1 Marine Fisheries Service
Pivers Island
Beaufo t, North Carolina 28516
Mr. Th mas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Co rtland Street, NE.
Atlant , Georgia 30365
a Jo n Dorney
Divisi n of Environmental Management
North arolina Department of
Envi onment, Health and
Natu al Resources
Post O fice Box 27687
Raleig , North Carolina 27611-7687