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HomeMy WebLinkAbout19920037 Ver 1_COMPLETE FILE_19920101State of North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 512 North Salisbury Street 0 Raleigh, North Carolina 27604 James G. Martin, Governor William W. Cobey, Jr., Secretary March 6; 1992 George T: Everett, Ph.D. Director Mr. Ernie Locklear The White Hill Free Will Baptist Church Rt. 4 Maxton. NC 28364 Dear Mr. Locklear: Subject: Certification Pursuant to Section 401 of the Federal Clean Water Act, Proposed parking lot Project *92037, COE #199200866 Robeson County Attached hereto is a copy of Certification No. 2698 issued to White Hill Free Will Baptist Church dated March 6, 1992. If we can be of further assistance, do not hesitate to contact us. Sincerely, j ? orge T. Everett Attachments cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Regional Office Fayetteville DEM Regional Office Mr. John Dorney Mr. John Parker Central Files R[<,IUNAI- OFFICf_S Asheville Fayetteville Mooresville Raleigh Wa?hin);a>n Wilmington Wirnuai-Salem 704/251-6208 919/486-1541 704/663-1699 919/571-47(X) 919/94(1-6481 919/395-3,XK) 919/896 7(X)7 Pollution Prevention Pays P.U. Box 29535, Raleigh, North Carolina 27626{)535 lclchhonc 919-733-7015 An 1 qmd ( )ppununit% Atli mi.mw A, t,,,,, Itnq?lu?¢v *. #16 NORTH CAROLINA Robeson Countv CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Environmental Management Regulations in 15 NCAC 2H, Section .0500 to White Hill Free Will Baptist Church pursuant to an application filed on the 5 day of February, 1992 to expand a parking lot and fill one-half acre of wetlands. The Application provides adequate assurance that the discharge of fill material into wetlands near the Lumber River in conjunction with the proposed parking lot in Robeson County will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. Condition(s) of Certification: 1. That the activity be conducted in such a manner as to prevent significant increase in turbidity outside the area of construction or construction related discharge (increases such that the turbidity in the Stream is 25 NTU's or less are not considered significant). 2. Mitigation shall be conducted as required by the Corps of Engineers. Violations of any condition herein set forth shall result in revocation of this Certification. This Certification shall become null and void unless the above conditions are made conditions of the Federal Permit. This the 6 day of March, 1992. DIVISION OF ENVIRONMENTAL MANAGEMENT J,? ti ?T Ir eo e T. Everett, irector WQC# 2698 \ J. e n+ SfA7p ti yq M i 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 January 27, 1992 MEMORANDUM TO: Dr.- George T. Everett, 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. 199200866 dated January 23, 1992 describing a project proposed by The White Hill Free Will Baptist Church 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 February 24, 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. kb" ,??-- ? REPLY This office sccggarts th project proposal. No comment. Comments on this project are attached. This office objects to the project as proposed. Signed' Date P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 DIVISION OF ENVIRONMENTAL MANAGEMENT February 25, 1992 M E M O R A N D U M TO: John Dorney Water Quality Planning FROM: M. J. Noland, Regional Supervisor Fayetteville Regional Office SUBJECT: 401 Certification White Hill Free Will Baptist Church Individual Permit, #92037 Near Maxton, Robeson County The subject project involves the placement of fill material in wetlands adjacent to the Lumber River, just off Highway 74 near Maxton. The purpose of the fill is to provide additional parking for church members. According to the COE notice and information provided by Mr. Ernie Locklear of the church, there are occasions when members and guests are forced to park on the shoulder of Highway 74 due to the lack of adequate parking space. This is a heavily traveled road with only two lanes in this particular segment. Mr. Locklear has indicated that there is no alternative site available. Property across the highway cannot be purchased and land surrounding the church property is owned by a State agency. All remaining church property is involved in a graveyard. The area to be filled was disturbed several years ago when the church constructed a new fellowship hall. The fill was placed prior to the church having received the appropriate permits. This particular fill was discovered by a COE representative traveling on US 74. The remaining unfilled area is the subject is this request, and consists of approximately 1/4 to 1/3 acre. Vegetation on the site consisted of a few willow trees (now cut) and low growing weeds. The area has been used as an illegal dumping site for building materials and other refuse. Mr. Locklear indicated that the COE has required removal of this material as a condition of any permit from that agency. Also, compensatory mitigation is proposed by purchasing and reconverting an area of PC farmland. In view of the proposed mitigation, the small wetland area remaining to be filled, and the lack of an alternative site, it is the recommendation of this office that the appropriate certification be granted. This should be the last request from White Hill Church. Mr. Locklear has indicated that the area to be filled is the limit of church property. Mr. John Dorney Page 2 February 25, 1992 If additional information is required, or if this office can be of assistance, please contact Ken Averitte at (919 486-1541. MJN/KA/mla ?a%VAL 4 r . 4, WETLAND RATING SYSTEM WORKSHEET Project No. or description Location County River basin_ Nearest stream Evaluator Agency and address Date and time evaluated Major Wetland Type-1 ?-..ICA--Ool' Approximate size of wetland sys Approximate extent of wetlands 1 J-t'l[l 7-1- 'Ti a %. J. =0 in area /oo f acres IRL es within - Three most common plant species (in order) : ?; vN s 41 - 6 Soil Series (if known) are" Hydrologic indicators Direct surface hydrologic connection? YE$ NOL)g" Existing Conditions Drainage Disturbance Restoration potential Restoration value Is site known to rovide habitat for rare, endangered or threatened species? If so, list species observed or recorded. Item No. core (circle one) I. Location/Landscape 1 Natural area buffer 01? 0 2 Sensitive watershed 4 3 2 1 0 - 3 Dispersal corridor system 4 3' 2 1 0 II. Ecological Values 4 Special ecological attributes 5 4 3 2 1 0 5 Wildlife habitat 5 4 .3 2 0 6 Aquatic life 5 4 3 2 1 0 7 Water storage 5 4 4 3 3 2 2 0 1'CW 8 Streambank stabilization 5 3 © 1 0 9 Removal of pollutants 5 4 III. Human Values 10 Outdoor recreation/education 5 4 3 2 1 0 11 Economic value 5 4 3 2 1 0 Total score /9/ 124 Site description and notes: 13 Nearest road or town and classification l 6 4ryd???4 Owa 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 January 27, 1992 Director MEMORANDUM TO: Dr. George T. Everett, 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. 199200866 dated January 23, 1992 describing a project proposed by The White Hill Free Will Baptist Church 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 February 24, 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. Signed Comments on this project are attached. This office objects to the project as proposed. Date P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 An Frn-l Cl.,n,,.,, i. , AF(;-fi- A,y;__ G.,,..I.,..a. CI . . " -Z- 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 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 Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials; Indian Tribes and other interested parties in order tc consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers 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 ,-i DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 Action ID. 199200866 23 January 1992 PUBLIC NOTICE THE WHITE HILL FREE WILL BAPTIST CHURCH, Rt 4, Maxton, North Carolina, 28364 has applied for a Department of the Army (DA) permit TO DISCHARGE FILL MATERIAL INTO BOTTOMLAND HARDWOOD WETLANDS ADJACENT TO THE LUMBER RIVER near Maxton, Robeson County, North Carolina. The following description of the work is taken from data provided by the applicant and from observations made during onsite visit by representatives of the Corps of Engineers. Plans submitted with the application show that an area of approximately 275 feet long by an average 75 feet wide and an average 6 feet deep will be filled with an estimated 4500 cubic yards of earthen material to extend the parking area between the New Fellowship Hall and the existing parking lot. The purpose of the work is to provide additional parking space and to improve safety for the general public and church members, especially on days of worship. The present parking space is inadequate and creates a safety hazard by forcing persons using the overflow parking area to cross U.S. Highway 74 to attain access to the church facilities.' Expansion of parking space is also limited by the presence of the graveyard to the west of the church and the existing property lines. Almost one half of the proposed expansion area consists of previously filled wetlands. The remaining undisturbed area consists of bottomland hardwood wetlands dominated by baldcypress (Taxodium distichum), swamp blackgum (Nyasa sylvitica v. biflora), red maple (Acer rubrum), and various associated hydrophytic trees and shrubs underlain with Rutledge loamy sand hydric soil. The applicant proposes to mitigate for lost wetland resources by reconverting existing agricultural acreage*to wetlands somewhere offsite on the Lumber River floodplain in Robeson County. 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 has determined the applicability of a Water Quality Certificate as required by PL 92-500. This application is being considered pursuant to Section 404(b) of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. 4 f -3- public interest factors listed above. Comments are used in the preparation of an Environmental Assessment and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. 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 North Carolina Division of Environmental Management (DEM) issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The DEM considers whether or not the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean Water Act. The application and this public notice for the DA permit serves as application to the DEM for certification. Additional information regarding the Clean Water Act certification may be reviewed at the offices of the Environmental Operations Section, North Carolina Division of Environmental Management, Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such materials will be furnished to any person requesting copies upon payment of reproduction costs. The North Carolina Division of Environmental Management plans to take final action in the issuance of the Clean Water Act certification on or after February 15, 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 February 10, 1992, Attention: Mr. John Dorney. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Mr. Rudolf Schiener, until 4:15 p.m., February 24, 1992, or telephone (919) 251-4629. NN, 175 % 3840 Al- 'rte,,. .? ?\ ?.?,\ ?\` 7i ? 1 ??? I •?,'? //?,..-'?. O ?F ? Ca VQ? FH 1?wt?L F??US? - N '• ???? ?s?? Q,PrP i ?Sr' HOWL e i- ?- o vE Fj. 0 tai !CiSTtW P t "Flt,,, A-RCI w(,, Lt?? US '74 w m r3 M-rz p ?9R k, srAer • January 15, 1992 r'! A N.C. Division of Environmental Management r ? Water Quality Section y r ??;?;i-i4 Y P.O. Box 29535 ` ,nir.g ?ra,.ch Raleigh, NC 27626-0535 Dear Mr. John Doreny: White Hill Freewill Baptist Church has applied for a permit to fill an area of property through the Corps of Engineer office in Wilmington. The church has been instructed to request someone from your department to inspect the site for a water quality test. Enclosed in a map of the area furnished from engineer records. The church is located three miles east of Maxton, NC on Hwy. 74. Upon mailing this letter and the information that has been furnished to the Corps of Engineers to your department, the church will proceed to contact Mr. Ken Averette in Fayetteville to arrange a time to inspect the site. Sincerely your, Ernie Locklear & 3 126>( / 31-H '?a1' 16ry/ 7' e- , of % 3 t-JC s)- /- a76 S 1411rc Sd / , 3.? T 3 ze^ek j4 DEPARTMENT OF THE ARMY ?? -?? Wilmington District, Corps of Engineer '>` Post Office Box 1890 Wilmington, North Carolina 28402-18 Action ID. 199200866 2:Vlii nua 92 PUBLIC NOTICE Zs THE WHITE HILL FREE WILL BAPTIST CHURCH, Rt 4, Maxton, North Carolina, 28364 has applied for a Department of the Army (DA) permit TO DISCHARGE FILL MATERIAL INTO BOTTOMLAND HARDWOOD WETLANDS ADJACENT TO THE LUMBER RIVER near Maxton, Robeson County, North Carolina. The following description of the work is taken from data provided by the applicant and from observations made during onsite visit by representatives of the Corps of Engineers. Plans submitted with the application show that an area of approximately 275 feet long by an average 75 feet wide and an average 6 feet deep will be filled with an estimated 4500 cubic yards of earthen material to extend the parking area between the New Fellowship Hall and the existing parking lot. The purpose of the work is to provide additional parking space and to improve safety for the general public and church members, especially on days of worship. The present parking space is inadequate and creates a safety hazard by forcing persons using the overflow parking area to cross U.S. Highway 74 to attain access to the church facilities. Expansion of parking space is also limited by the presence of the graveyard to the west of the church and the existing property lines. Almost one half of the proposed expansion area consists of previously filled wetlands. The remaining undisturbed area consists of bottomland hardwood wetlands dominated by baldcypress (Taxodium distichum), swamp blackgum (Nyssa sylvitica v. biflora), red maple (Acer rubrum), and various associated hydrophytic trees and shrubs underlain with Rutledge loamy sand hydric soil. The applicant proposes to mitigate for lost wetland resources by reconverting existing agricultural acreage to wetlands somewhere offsite on the Lumber River floodplain in Robeson County. 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 has determined the applicability of a Water Quality Certificate as required by PL 92-500. This application is being considered pursuant to Section 404(b) of the Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within the comment period specified in the notice, that a public hearing be held to consider this application. Requests for public hearing shall state, with particularity, the reasons for holding a public hearing. ?;' ;?-StATf 'S ?, o ; State of North Carolina Department of Environment, Health, and Natural Resources 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor W. Cobey, Jr., Secretary Ma 1992 MAY 2 61992 ?z©o 3 7 WATER j J11i"i Dr. G. Wayne Wright R OALl Corps of Engineers P. 0. Box 1890 Wilmington, NC 28402 Dear Dr. Wright: In keeping with your request, this office has circulated to interested state review agencies U. S. Army Corps of Engineers Public Notice Action ID. 199200866 dated January 23, 1992 which describes a project proposal by the White Hill Free Will Baptist Church of Maxton. The project, involving additional wetland fill at the site to provide for parking, is located adjacent the Lumber River, near Maxton, adjacent U. S. Highway 74. During the course of the review, one agency submitted a written objection. A copy of the Wildlife Resources comment is provided for the record. We note, with interest, item three of that memorandum concerning the Lumber River Wild and Scenic River description. For the record, the project was certified by the Division of Environmental Management Certification No. 2698 was issued on March 6. Should you require additional input from the state on this matter, do not hesitate to contact this office or the commenting agencies. Very sincerely, A Joh R. Parker, Jr. Inland '404 Coordinator JRP:jr/aw cc: Division of Environmental Managementr/ Wildlife Resources Commission Enclosure P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-4984 An Equal Opportunity Affirmative Action Employer