19920233 Ver 1_COMPLETE FILE_19920101

NW- 6'
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS D }4
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890 O 1??
IN REPLY REFER TO December 7, 1992
T nN
., . WETLANDSGROUP
Regulatory Branch
Action ID. 199201182, Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Paul Davis
Town of Maxton
120 North Florence Street
Maxton, North Carolina 28364
Dear Mr. Davis:
This is in reference to your application of April 21, 1992 to this office
wherein you propose to locate a 3 to 4 acre pond in partial wetlands on your
property located at the Town of Maxton Cemetery near the intersection of S.R.
1301 and S.R. 1304 in Robeson County, North Carolina.
For the purposes of the U.S. Army 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 (NWP).
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material greater than 1 but not more than 10
acres into headwaters and isolated waters of the United States. Your work is
authorized by this NWP provided it is accomplished in strict accordance with
the enclosed conditions.
This verification will be valid for 2 years from the date of this letter
unless the NWP authorization is modified, reissued, or revoked. Also, this
verification will remain valid for the 2 years if, during that period, the NWP
authorization is reissued without modification or the activity complies with
any subsequent modification of the NWP authorization. If during the 2 years,
the NWP 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
NWP, activities which have commenced (i.e., are under construction) or are
under contract to commence in reliance upon the NWP will remain authorized
provided the activity is completed within 12 months of the date of the NWP's
expiration, modification or revocation, unless discretionary authority has
been exercised on a case-by-case basis to modify, suspend, or revoke the
authorization.
This permit is valid upon obtaining all necessary State or local
authorizations. In this connection you should contact Mr. John Dorney, North
Carolina Division of Environmental Management, telephone [phone], and
Mr. Steve Benton, North Carolina Division of Coastal Management, telephone
[phone].
to _ low-
-2-
Questions or comments may be addressed to Mr.Rudolf Schiener, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
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. Jo lvn Dorney
Wat Quality Section
Di Sion of Environmental Management
rth Carolina Department of
Environment, Health and
Natural Resources
Post office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Jim Gregson
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
6?1
A
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
March 3, 1992
Regulatory Branch
Action ID. 1992101182
Nationwide Permit No. 26 eadwaters
Mr. Paul Davis
Town of Maxton
120 North Florence Street
Maxton, North Carolina 28364
Dear Mr. Davis:
and Isolated Waters)
Upon your request, Mr. Ernest Jahnke, and Mr. Rudolf Schiener, from our
office, visited the 11.76 acre site on the 74 By-Pass, in Maxton, Robeson
County, North Carolina, with you and Mr. Bob Waldron, from your office, on
December 19, 1991. The purpose of the site visit was to check if any wetlands
are present on this site since it is considered for an expansion of the
existing, adjoining Cemetery.
Based on this on-Bite visit, it has been determined that approximately 3
acres of this property are wet. A "Wetland Determination Form", to support
these findings, is attached for your use.
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 perpits. 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 1 acre of waters of
the United States; or
b. the permittee notifies the District Engineer if the discharge would
cause the loss of waters of the United States greater than one but less than
10 acres in accordance with the "Notification" procedures (see below). For
discharges,in special aquatic sites, including wetlands, the notification must
also include a delineation of affected specific aquatic sites, including
wetlands; and
c. the discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
It has been verified that your proposed work may be authorized under
paragraphs b. and c. above by this nationwide permit. Enclosed is a
Pre-Discharge Notification form which should be completed and returned with a
Section 401 Water Quality Certification from the North Carolina Division of
`7

0'r ,
-2-
Environmental Management (DEM). Please contact Mr. Jim Gregson, DEM, at
telephone [phone], for procedures on obtaining this certification.
Failure to obtain this authorization automatically results in 'a denial of your
proposal. Once all necessary information is received a permit decision will
yy reached within 30 days.
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 pFovided 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. Schiener, Wilmington Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
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
Wat Quality Section
vision of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Jim Gregson
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405

srNr
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary July 16, 1992 Acting Director
Mr. Douglas Beckham,
Town of Maxton
120 Florence Street
Maxton, N.C. 28634
Dear Mr. Beckham:
Administrative Assistant
Subject: Proposed fill in Wetlands or Waters
Construction of pond at Town of Maxton cemetery
Robeson County
DEM Project # 92233, COE # 199201182
Upon review of your request for 401 Water Quality
Certification to place fill material in 3.6 acres of wetlands or
waters for pond construction located at Town of Maxton Cemetery
near intersection of SR 1301 and SR 1304 in Robeson County, we
have determined that the proposed fill can be covered by General
Water Quality Certification No. 2671 issued January 21, 1992. A
copy of the General Certification is attached. This
Certification may be used in qualifying for coverage under Corps
of Engineers' Nationwide Permit No. 26.
If you have any questions, please contact John Dorney at
919-733-1786.
Sincerely,
? 4'1
rest n.Howard, Jr. P.E.
jrd/maxton.ltr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/94 6-64 81 9191395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
State of North Carolina FILE COPY
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary July 16, 1992 Acting Director
Mr. Douglas Beckham,
Town of Maxton
120 Florence Street
Maxton, N.C. 28634
Dear Mr. Beckham:
Administrative Assistant
Subject: Proposed fill in Wetlands or Waters
Construction of pond at Town of Maxton cemetery
Robeson County
DEM Project # 92233, COE # 199201182
Upon review of your request for 401 Water Quality
Certification to place fill material in 3.6 acres of wetlands or
waters for pond construction located at Town of Maxton Cemetery
near intersection of SR 1301 and SR 1304 in Robeson County, we
have determined that the proposed fill can be covered by General
Water Quality Certification No. 2671 issued January 21, 1992. A
copy of the General Certification is attached. This
Certification may be used in qualifying for coverage under Corps
of Engineers' Nationwide Permit No. 26.
If you have any questions, please contact John Dorney at
919-733-1786.
Sincerely,
A. 8ton Howard, Jr. P.E.
jrd/maxton.ltr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 9191571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
`rnlll
TOWN OF MAXTON
120 NORTH FLORENCE STREET
MAXTON, NORTH CAROLINA 28364
PHONE: [phone]
ROBERT W. FISHER COMMISSIONERS:
MAYOR
PAUL G. DAVIS HALBERT CAIN, SR.
TOWN MANAGER JAMES K. McCLANATHAN
LILLIE C. McKOY
GERALDINE G. McLAURIN
SALLIE F. McLEAN
April 15, 1992
Mr. John R. Dorney
Dept. Environment, Health, and Nat. Resource Q 2}'
512 Salisbury St. ?R
Raleigh, N.C. 27604 - u
Dear Mr. Dorney:
SUBJECT: 401 Water Quality Certification
Robeson County
COE Project # 1992101182
Enclosed, please fired the applications for the 401 Water
Quality Certification that the Town of Maxton is applying for, in
order to construct a pond at the Town's cemetery.
Thanks for you assistance, and if you require any further
information, please contact me at (91,9) 844-5231.
Sincerely,
Douglas eckham
Administrative Assistant
Enclosures
DB/cc

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NC 28402-1890
SAW26- ATTN: CESAW-CO-E
PRE-DISCHARGE NOTIFICATION FORM FOR NATIONWIDE PERMIT 26
NOTES: If Item A.7. (below) is 10 acres or more or if any of the conditions
listed in Section B. (below) are not met, the applicant must submit an
individual permit application. Please contact the District for forms and
information.
Applicant is required to obtain a Section 401 Wat
the State of North Carolina for NWP 26 to be valid
be furnished with this pre-discharge notification.
PLEASE PRINT
A.
1. OWNERS NAME:
iFdati6i from
LU et %
f-ati'on-',should
s
APR 2 1 1992
f
2. OWNERS ADDRESS: 120 N. Florence St.
Maxton, N.C. 28364
3. OWNERS PHONE NUMBER (HOME): Not Applicable (WORK): [phone]
4. LOCATION OF PLANNED WORK: COUNTY: Robeson
SPECIFIC LOCATION (INCLUDE STREAM NAMES, ROAD NUMBERS, ETC.): 1100 feet
east of intersection of S.R. # 1301 and S.R. # 1304. please refer to
enclosed map
5. DESCRIPTION OF PROPOSED WORK: Please refer to enclosed project
description
6. PURPOSE OF PROPOSED WORK: Pond excavation would provide needed fill
material for town cemetery located outside of wetlands, and would enhance
aesthetic qualities of property.
7. APPROXIMATE SIZE OF WATERS AND WETLANDS WHICH WILL BE LOST OR
SUBSTANTIALLY ADVERSELY MODIFIED AS A RESULT OF THE PROPOSED WORK (EXPRESS
IN TENTHS OF ACRES): 3.6 acres
8. INFORMATION THAT THE APPLICANT BELIEVES IS APPROPRIATE: Wetlands has
been previously disturbed by agricultural activities by previous nwner(s).

9. DO YOU HAVE KNOWLEDGE OF THE EXISTENCE OF ENDANGERED SPECIES ON OR
NEAR THE PROPOSED PROJECT AREA? YES [ ] NO [*]
IF YES, INDICATE WHAT SPECIES.
10. DO YOU HAVE KNOWLEDGE OF HISTORIC PROPERTIES WHICH ARE LISTED OR
DETERMINED ELIGIBLE FOR LISTING ON THE NATIONAL REGISTER OF HISTORIC
PLACES THAT OCCUR IN THE VICINITY OF THE PROPOSED PROJECT? YES [ ] NO [*]
11. WILL THE ACTIVITY INTERFERE WITH NAVIGATION? YES [ ] NO [*]
B. CONDITIONS. THE FOLLOWING CONDITIONS MUST BE MET FOR THE NATIONWIDE
PERMITS TO BE VALID (33 CFR 330.5-.6):
MET NOT MET
1. DISCHARGE OF DREDGED OR FILL MATERIAL WILL NOT [*] [ ]
OCCUR IN THE PROXIMITY OF A PUBLIC WATER SUPPLY
INTAKE.
2. DISCHARGE OF DREDGED OR FILL MATERIAL WILL NOT [*] [ ]
OCCUR IN AREAS OF CONCENTRATED SHELLFISH PRODUCTION
UNLESS THE DISCHARGE IS DIRECTLY RELATED TO AN AUTHORIZED
SHELLFISH HARVESTING ACTIVITY.
3. THE ACTIVITY SHALL NOT SIGNIFICANTLY DISRUPT THE [*] [ ]
MOVEMENT OF THOSE SPECIES OF AQUATIC LIFE INDIGENOUS TO
THE WATERBODY (UNLESS THE PRIMARY PURPOSE OF THE FILL IS
TO IMPOUND WATER).
4. DISCHARGE OF DREDGED OR FILL MATERIAL SHALL CONSIST [*] [ ]
OF SUITABLE MATERIAL FREE FROM TOXIC POLLUTANTS IN TOXIC
AMOUNTS.
5. ANY STRUCTURE OR FILL AUTHORIZED SHALL BE PROPERLY [*] [ ]
MAINTAINED.
6. THE ACTIVITY WILL NOT OCCUR IN A COMPONENT OF THE [*] [ ]
NATIONAL WILD AND SCENIC RIVER SYSTEM; NOR IN A RIVER
CURRENTLY DESIGNATED BY CONGRESS AS A "STUDY RIVER" FOR
POSSIBLE INCLUSION.
7. THE CONSTRUCTION OR OPERATION OF THE ACTIVITY WILL [*] [ ]
NOT IMPAIR RESERVED TRIBAL RIGHTS.

C. MANAGEMENT PRACTICES. THE FOLLOWING MANAGEMENT PRACTICES SHALL BE
FOLLOWED TO THE MAXIMUM EXTENT PRACTICABLE. FAILURE TO COMPLY WITH THESE
PRACTICES MAY BE CAUSE FOR REQUIRING AN INDIVIDUAL PERMIT. APPLICANT
SHOULD PROVIDE EXPLANATION FOR MANAGEMENT PRACTICES NOT MET.
MET NOT MET
1. DISCHARGE OF DREDGED OR FILL MATERIAL INTO WATERS [*] [ ]
OF THE UNITED STATES SHALL BE AVOIDED OR MINIMIZED
THROUGH THE USE OF OTHER PRACTICAL ALTERNATIVES.
2. DISCHARGES IN SPAWNING AREAS DURING SPAWNING [*] [ ]
SEASONS SHALL BE AVOIDED.
3. DISCHARGES SHALL NOT RESTRICT OR IMPEDE THE [*J [ ]
MOVEMENT OF AQUATIC SPECIES INDIGENOUS TO THE WATERS OR
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).
4. 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.
5. DISCHARGE IN WETLAND AREAS SHALL BE AVOIDED. [*] [ ]
6. HEAVY EQUIPMENT WORKING IN WETLANDS SHALL BE PLACED [*] [ ]
ON MATS.
7. DISCHARGES INTO BREEEDING AREAS FOR MIGRATORY [*] [ ]
WATERFOWL SHALL BE AVOIDED.
8. ALL TEMPORARY FILLS SHALL BE REMOVED IN THEIR [*] [ ]
ENTIRETY.
OWNER'S SIGNATURE DATE
Mayor Robert W. Fisher
IF APPLICABLE:
AGENT'S NAME: Douglas Beckham, Administrative Assistant
AGENT'S ADDRESS: Town of Maxton, 120 N Florence St, Maxton, N.C. 28364
AGENT'S PHONE NUMBER: (919) 844-
I 1. 1 -4 -1.5-- 12
NT'S S ATURE DATE
.?
TOWN OF MAXTON
OAK GROVE CEMETERY ADDITION
PROJECT DESCRIPTION
Applicant intends to expand existing cemetery, located to
the northwest of project, onto the southwestern portion of the
11.76 acre tract that has not been designated as wetlands. In
order to obtain fill material required for the southwest portion
of the tract, and to aesthetically enhance the property,
applicant intends to excavate 3-4 acre pond that will be located
in primarily in 3.58 acre portion of tract that has been
designated as wetlands. The pond will be approximately eight
feet in depth, with an approximately 25' feet buffer strip
between pond and adjoining property.
Please note that the wetlands being proposed for use as a
pond has been predisturbed by past agricultural activities by
prior owner(s), and has revegetaed since.
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DIVISION OF ENVIRONMENTAL MANAGEMENT
June 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
Town of Maxton, NW 26
Proposed Pond Creation
DEM Project No. 92233
Robeson County
The subject project involves the excavation of a 3-4 acre pond in an area
designated as wetland by- the COE. This proposed pond will serve a dual
purpose. The applicant contends that the area will be improved aesthetically
while at the same time providing a source of fill material for expansion of
the adjacent cemetery.
Although the application indicates that the proposed pond site has been
used for agricultural purposes in the past, it is now covered by reasonably
large mixed hardwoods and pines, many of which are not typical to wetlands. A
major drainage canal borders the site on two sides and a smaller drainage
ditch goes through the site, effectively removing most surface wetness.
No wetland values of any significance were noted in the area of the
proposed disturbance. Creation of a pond will no doubt improve the site as
far as providing habitat for aquatic life. Although the site contains an
appreciable amount of timber and provides good wildlife habitat, existing
drainage projects have removed most of the water associated with the area
involved.
Based on the low values noted on the attached worksheet, and the absence
of any significant wetland uses, it is the recommendation of this office that
the requested certification be granted.
If additional information or clarification is required, please advise.
MJN/KA/mla

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WETLAND RATING SYSTEM WORF;SHEET.
Project No. or description
Location
County; ,--"/ Nearest road or town
River basin /-$e
Nearest stream &c and classification ?w,oo
Evaluator
Agency and address
- Date and time evaluated..
Major Wetland Type
Approximate size of wetland system 3- acres _
Approximate extent of wetlands in area ..?-r 3o acres
- within yv miles
- Three most common plant species (in order) : _, aJ ?% Xi9?tovS
oark,5r?
Soil Series (if known)
Hydrologic indicators
Direct surface hydrologic connectio ? ES O A
Existing Conditions
Drainage `
Disturbance
Restoration potential ac. a w
Restoration value W 420?
Is site known to provide habitat for rare, endangered or
threatened species?_64i7 If so, list species observed or recorded.
Item No.
1. Location/Landscape
1 Natural area buffer
2 Sensitive watershed
3 Dispersal corridor system
II. Ecological Values
4 Special ecological attributes
5 Wildlife habitat
6 Aquatic life
7 Water storage
8 Streambank stabilization
9 Removal of pollutants
III. Human Values
10 Outdoor recreation/education
11 Economic value
otal sco
Site description and
Score (circle one)
5 0
5
5 4
4 3
3 2 C?
2 0
4Z
5 4 3 ,
2 1.1)
5.
5 4
4 1)
3 2 .1 0
2 1:(E)
5 4 3 2 0 '
5
5 4
4 3
3 2 1
2) 1 0
5 4 ?1--0
5 4 3( 2 1 0
JUL 81992
WA T': R 0 U A I
73
3 ?° 1P
Aft
A „a SfA7k' q,
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor March 24; 1992 George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary Director
Mr. Paul Davis
Town of Maxton
120 North Florence Street
Maxton, North Carolina 28364
Dear Mr. Davis:
SUBJECT; 401 WATER QUALITY CERTIFICATION
Robeson County
COE Project # 1992101182
On March 10, 1992, I received a letter from the Corps of
Engineers advising that your project entitled US 74 By-Pass at
Maxton in Robeson County qualifies for a Nationwide Permit 26.
Please be advised that this. Nationwide permit is not valid until.
a 401 Water Quality Certificate is issued by the State of North
Carolina.
Our existing regulations (15A NCAC 2H .0501(a)) require that
all applicants for 401 Certifications submit seven complete
copies of 401 Applications. These copies must be supplied by the
Division of Environmental Management to various state and federal
agencies.
Therefore, please complete the attached form and send six
additional copies (a total of seven copies) of your 401
Certification application so we can initiate the comprehensive
review required by our rules. If you have any questions, please
call me at 919-733-1786.
Sincerely,
Jo n R. Dorney
Applic.ltr/JRD
cc: Corps of Engineers Wilmington Regional Office
Fayetteville DEM Regional Office
Mr. John R. Dorney REGIONAL OFFICES
Division of Coastal Management
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/733-2314 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer