19920149 Ver 1_COMPLETE FILE_19920320

Barrett Kays & Associates
Civil Engineering/Environmental Engineering/Environmental Assessment
March 17, 1992
Mr. John Dorney
Division of Environmental Management
219 E. North Street
Raleigh, NC 27626-0535
Project No: 9107006
Re: Proposed Wal-Mart Project
Louisburg, NC
Dear Mr. Dorney:
Please note the attached copy of a letter from Dr. Wayne Wright dated
March 12, 1992 relating to the subject project. It is my understanding
based upon our telephone conversation today, that the proposed filling
pursuant to Nationwide Permit #26 will not require a 401 certification,
since the 0.24 acres of impact is not more than 1/3 of an acre.
Please notify me immediately if you do not concur with this letter. Thank
you for your assistance with this project.
Sincerely,
BARRETT KAYO?§OCIATES, P.A.
Biurcrrt L. Kays, Ph.D.
President
BLK:jh
Attachment: March 12, 1992 Letter from Dr. Wayne Wright
304 East Jones Street / Raleigh, North Carolina 27601
Telephone: [phone] Fax: [phone]

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO March 12, 1992
Regulatory Branch
Action ID. 199102467 and Nationwide Permit No. 26
(Headwaters and Isolated Waters)
Louisburg Associates
c/o Mr. John Fife
5400 Glenwood Avenue
Suite 30
Raleigh, North Carolina 27612
Dear Mr. Fife:
Reference Barrett Kays and Associates letter of February 24, 1992,
requesting confirmation of Department of the Army authorization to discharge
fill material resulting in the loss of approximately 0.24 acre of waters of
the United States, including wetlands, on your property and that of Mr. James
F. Chastain. The proposed fill, in jurisdictional waters which are isolated
or above headwaters, is for the purpose of construction of a proposed Wal-Mart
Shopping Center in Louisburg, Franklin County, North Carolina.
Reference is also made to our letter of January 29, 1992, which states
that you may not utilize Nationwide Permit 26, or any other nationwide permit
on this property, until the outstanding violation on the project has been
resolved. Based on the Barrett Kays and Associates letter of February 24,
1992, you and the other property owners voluntarily agree to remove the fill
in the violation area (0.18 acre) to a temporary upland disposal area, restore
the pre-existing contours in the violation site, and subsequently begin the
proposed filling in the above headwaters and isolated jurisdictional areas.
If site conditions or other factors make it impossible to complete the
restoration work within thirty days of the date of this letter, you must
document the reasons for delay, and estimate the expected completion time, in
writing to this office.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization was
provided, pursuant to Section 404 of the Clean Water Act, for discharges of
dredged or fill material into headwaters and isolated waters provided:
a. the discharge does not cause the loss of more than 10 acres of waters
of the United States;
b. the permittee notifies the District Engineer if the discharge would
cause the loss of waters of the United States greater than one acre in
accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification must also include
a delineation of affected specific aquatic sites, including wetlands; and
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c. the discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions. This
nationwide permit does not relieve you of the responsibility to obtain any
required State or local approval. We must emphasize that no fill within
jurisdictional areas is authorized until a representative of this office
inspects the restored violation area and confirms that the restoration is
complete and satisfactory. Contact the Raleigh Regulatory Office at telephone
[phone] to set up an appointment for a site inspection when you know
that the restoration will be completed.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide-permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity
would no longer comply with the terms and conditions of the nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Questions or comments may be addressed to Mr. Eric Alsmeyer, Raleigh
Regulatory Field Office, at telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
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Copy Furnished (with enclosure):
Barrett Kays and Associates
X04 E. Jones Street
Raleigh, North Carolina 27601
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687

SPECIAL CONDITION
None of the work authorized by the nationwide permit shall commence until
the violation in the 0.18 acre portion of jurisdiction is restored, and a
representative of the District Engineer has confirmed that the restoration is
complete and satisfactory.
GENERAL CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse effect on
navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly
maintained, including maintenance to ensure public safety.
3. Erosion and Siltation Controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills must be permanently
stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the waterbody,
including those species which normally migrate through the area, unless the
activity's primary purpose is to impound water. .
5. Equipment. Heavy equipment working in wetlands must be placed on mats or
other measures must be taken to minimize soil disturbance.
6. Regional and Case-by-case Conditions. The activity must comply with any
regional conditions which may have been added by the Division Engineer and any
case specific conditions added by the Corps.
7. Wild and Scenic Rivers. No activity may occur in a component of the
National Wild and Scenic River System; or in a river officially designated by
Congress as a "study river" for possible inclusion in the system, while the
river is in an official study status. Information on Wild and Scenic Rivers
may be obtained from the National Park Service and the U.S. Forest Service.
8. Tribal Rights. No activity or its operation may impair reserved tribal
rights, including, but not limited to, reserved water rights and treaty
fishing and hunting rights.
9. Water Quality Certification. In certain states, an individual state
water quality certification must be obtained or waived.
10. Coastal Zone Management. In certain states, an individual state coastal
zone management consistency concurrence must be obtained or waived.
11. Endangered Species. No activity is authorized under any NWP which is
likely to jeopardize the continued existence of a threatened or endangered
species or a species proposed for such designation, as identified under the
Federal Endangered Species Act, or which is likely to destroy or adversely
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modify the critical habitat of such species. Non-Federal permittees shall
notify the District Engineer if any listed species or critical habitat might
be affected or is in the vicinity of the project and shall not begin work on
the activity until notified by the District Engineer that the requirements of
the Endangered Species Act have been satisfied and that the activity is
authorized. Information on the location of threatened and endangered species
can be obtained from the U.S. Fish and Wildlife Service and National Marine
Fisheries Service.
12. Historic Properties. No activity which may affect Historic Properties
listed, or eligible for listing, in the National Register of Historic Places
is authorized, until the District Engineer has complied with the provisions of
33 CPR 325, Appendix C. The prospective permittee must notify the District
Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to
believe may be eligible for listing on the National Register of Historic
Places, and shall not begin the activity until notified by the District
Engineer that the requirements of the National Historic Preservation Act have
been satisfied and that the activity is authorized. Information on the
location and existence of historic resources can be obtained from the State
Historic Preservation Office and the National Register of Historic Places (see
33 CFR 330.4(g)).
13. Notification.
a. Where required by the terms of the NWP, the prospective permittee must
notify the District Engineer as early as possible and shall not begin the
activity:
(1) until notified by the District Engineer that the activity may proceed
under the NWP with any special conditions imposed by the District or Division
Engineer; or
(2) if notified by the District or Division Engineer that an individual
permit is required; or
(3) Unless 30 days have passed from the District Engineer's receipt of
the notification and the prospective permittee has not received notice from
the District or Division Engineer. Subsequently, the permittee's right to
proceed under the NWP may be modified, suspended or revoked only in accordance
with the procedure set forth in 33 CFR 330.5(d)(2).
b. The notification must be in writing and include the following
information and any required fees:
(1) Name, address and telephone number of the prospective permittee;
(2) Location of the proposed project;
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(3) Brief description of the proposed project; the project's purpose;
direct and indirect adverse environmental effects the project would cause; any
other NWP(s), regional general permit(s) or individual permit(s) used or
intended to be used to authorize any part of the proposed project or related
activity;
(4) Where required by the terms of the NWP, a delineation of affected
special aquatic sites, including wetlands; and
(5) A statement that the prospective permittee has contacted;
(a) The USFWS/NMFS regarding the presence of any Federally listed (or
proposed for listing) endangered or threatened species or critical habitat in
the permit area that may be affected by the proposed project; and any
available information provided by those agencies. (The prospective permittee
may contact Corps District Offices for USFWS/NMFS agency contacts and list of
critical habitat.)
(b) The SHPO regarding the presence of any historic properties in the
permit area that may be affected by the proposed project; and the available
information, if any provided by that agency.
14. Water Supply Intakes. No discharge of dredged or fill material may occur
in the proximity of a public water supply intake except where the discharge is
repair of the public water supply intake structures or adjacent bank
stabilization.
15. Shellfish Production. No discharge of dredged or fill material may occur
in areas of concentrated shellfish production, unless the discharge is
directly related to a shellfish harvest activity authorized by nationwide
permit.
16. Suitable Material. No discharge of dredged or fill material may consist
of unsuitable material (e.g., trash, debris, car bodies, etc.) and material
discharged must be free from toxic pollutants in toxic amounts.
17. Mitigation. Discharges of dredged or fill material into waters of the
United States must be minimized or avoided to the maximum extent practicable
at the project site (i.e., on-site), unless the District Engineer has approved
a compensation mitigation plan for the specific regulated activity.
18. Spawning Areas. Discharges in spawning areas during spawning seasons
must be avoided to the maximum extent practicable.
19. Obstructions of High Flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).
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20. Adverse Impacts from Impoundments. If the discharge creates an
impoundment of water, adverse impacts on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent practicable.
21. Waterfowl Breeding Areas. Discharges into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
22. Removal of Temporary Fills. Any temporary fills must be removed in their
entirety and the affected areas returned to their preexisting elevation.
NOTES:
1. Qualification for and issuance of a nationwide permit does not relieve the
applicant of the need to obtain any other required State or local permits.
2. Should all or part of a proposed activity be located within an Area of
Environmental Concern (AEC) as designated by the North Carolina Coastal
Resources Commission, a LAMA permit is required from the North Carolina
Division of Coastal Management. Should an activity within or potentially
affecting an AEC be proposed by a Federal agency, a consistency determination
pursuant to 15 CFR 930 must be provided to the North Carolina Division of
Coastal Management at least 90 days before the onset of the proposed activity.
REGIONAL CONDITIONS
1. All fill material authorized by this permit must be obtained from an
upland source.
2. Use of this permit for livestock and domestic animal waste treatment
facilities.is not allowed.
STATE CONSISTENCY CONDITIONS
1. All fill material authorized by this permit must be obtained from an
upland source.
2. Use of this nationwide permit for waste disposal facilities is not
authorized.
3. Established erosion control practices shall be utilized to prevent
violations of the appropriate turbidity water quality standard (50 NTU's in
streams and rivers not designated as trout waters by the North Carolina
Division of Environmental Management; 25 NTU's in all saltwater classes and
all lakes and reservoirs and 10 NTU's in trout waters).
4. Proposed fill of greater than one acre in SA, trout, ORW, WS-1 and WS-2
HQW watersheds requires public notice and an individual Section 401 Water
Quality Certification from the North Carolina Division of Environmental
Management.
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5. For activities resulting in the loss of waters of the United States
greater than 1/3 of an acre, the applicant must receive written concurrence
from the North Carolina Division of Environmental Management that the proposal
is certified under the Section 401 Water Quality Certification Program.
6. If the proposed activity is within the North Carolina Coastal Area and the
activity will result in the loss of waters of the United States greater than
1/3 of an acre, the applicant must receive written concurrence from the North
Carolina Division of Coastal Management that the activity is consistent with
the North Carolina Coastal Management Program.
GENERAL CERTIFICATION CONDITIONS
1. Proposed fill or substantial modification of greater than one-third of an
acre of such waters, including wetlands, requires a written concurrence from
the North Carolina Division of Environmental Management.
2. Proposed fill or substantial modification of equal to or less than one-
third of an acre of such waters, including wetlands, does not require written
concurrence from the North Carolina Division of Environmental Management.
3. Proposed fill of greater than one acre in SA, trout, HQW, ORW, WS-I and
WS-II watersheds require public notice and an individual Section 401 Water
Quality Certification from the North Carolina Division of Environmental
management.
4. Established sediment and erosion control practices will be utilized to
prevent violations of the appropriate turbidity water quality standard (50
NTU's in streams and rivers not designated as trout waters by the North
Carolina Division of Environmental Management, 25 NTU's in all saltwater
classes and all lakes and reservoirs and 10 NTU's in trout waters).
5. Additional site-specific conditions may be added to this Certification in
order to ensure compliance with all applicable water quality and effluent
standards.
6. Concurrence from the North Carolina Division of Environmental Management
that this Certification applies to an individual project shall expire three
years from the date of the cover letter from the North Carolina Division of
Environmental Management.
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Barrett Kays & Associates
Civil Engineering/Environmental Engineering/Environmental Assessment
January 7, 1991
Mr. Bill Mills
NCDEPNR
Department of Natural Resources and
Community Development
512 N. Salisbury Street
P.O. Box 27687
Raleigh, NC 27611-7687

Re: 401 Certification for the Raymond Burnette Property
Dear Mr. Mills:
Attached is a copy of the portion of the Louisburg, North Carolina
(Franklin County) U.S. Geological Survey Map showing the location of the
Raymond Burnette property within the Tar River watershed. Up to 0.94
acres of wetlands found on the property are proposed for filling. These
wetlands are associated with an unnamed, above the headwaters,
intermittent drainageway along the southeastern property boundary.
This small wetland area is located on a commercial tract to be used for a
shopping center.
Please confirm that this fill is authorized by your general 401
Certification covering fills of up to ten acres of wetlands above the
headwaters.
304 East Jones Street / Raleigh, North Carolina 27601
Telephone: [phone] Fax: [phone]
Letter to Mr. Bill Mills
Page 2
January 7, 1991
If you need any additional information, please contact me.
Yours truly,
BARRETT KAYS & ASSOCIATES, P.A.
Kennet R. Roeder, Ph.D.
Ecologist/Environmental Scientist
KRR.jh
Attachment
cc: Dr. Barrett L. Kays

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James G. Martin, Governor January 31, 1991 George I Everett, Ph.D.
William W. Cobey, jr, Secretary Director
Dr. Kenneth R. Roeder
Barrett Kays and Associates
304 East Jones Street
Raleigh, North Carolina 27601
Dear Dr. Roeder:
Re: Request for General 401 Certifications for Raymond Burnette
and Louisburg Associates Properties
With regard to the above mentioned request, we cannot
determine whether the General 401 Certification applies until a
Corps-certified wetland delineation has been completed for these
properties. The Corps will also need to decide whether your
projects. are eligible for the Nationwide 26 permit. Until these
maps have been submitted, we will take no action on these
projects.
Please call me at 919/733-5083 if you have any questions.
Sincerely,
J hn R. Dorney
JRD/kls
Roder.ltr/401
cc: Karl Schafer, Raleigh Regional Office
Ken Jolly, COE - Wake Forest
David Franklin, COE - Wilmington
rodu&m Preventlon Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]

Barrett Kays & Associates
Civil Engineering/Environmental Engineering/Environmental Assessment
January 2, 1991
Mr. Bill Mills
NCDEHNR
Department of Natural Resources and
Community Development
512 N. Salisbury Street
P.O. Box 27687
Raleigh, NC 27611-7687
i
Re: 401 Certification for Louisburg Associates Property
Dear Mr. Mills:
Attached is a copy of the portion of the Louisburg, North Carolina
(Franklin County) U.S. Geological Survey. Map showing the location of the
existing Franklin Plaza Shopping Center located on property owned by
Louisburg Associates within the Tar River watershed. Up to 0.27 acres
of wetlands found on the property are proposed for filling. These
wetlands are associated with an unnamed, above the headwaters (note
attached USGS Quad), intermittent drainageway along the southeastern
property boundary.
This small wetland area is located at the back edge of the shopping
center development (see attached map). Proposed expansion of . the
center will require a minor amount of filling of wetlands totaling less
than 0.3 acres.
Please confirm that this fill is authorized by your general 401
Certification covering fills of up to ten acres of wetlands above the
headwaters.
304 East Jones Street / Raleigh, North Carolina 27601
Telephone: [phone] Fax: [phone]
Letter to Mr. Bill Mills
Page 2
January 2, 1991
If you need any additional information, please contact me.
Yours truly,
BARRETT KAYS & ASSOCIATES, P.A.
Kenneth R. Roeder, Ph.D.
Ecologist/Environmental Scientist
KRR jh
Attachment
cc: Dr. Barrett L. Kays

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