19930258 Ver 1_COMPLETE FILE_19931122

APPIAN CONSULTING ENGINEERS, P.A.
CIVIL AND MUNICIPAL ENGINEERS
POST OFFICE BOX 7966
ROCKY MOUNT, NORTH CAROLINA 27804-0966
BOBBY L. JOYNER, P.E.
Friday, May 21, 1993
Mr. Billy Edwards
Backwater Associates
P. O. Box 7791
Rocky Mount, NC 27804
Re: Inert Debris - "Clean Fill" Landfill
DEM Project #91914
ACE JN 93-036
Dear Mr. Edwards:
841 S. WESLEYAN BLVD.
TELEPHONE [phone]
FAX + [phone]
I have discussed the above captioned project with Mr. Ron Ferrell, NCDEH & NR,
Division of Environmental Management and we have come to the conclusion an
additional Water Quality Certification is not required to complete the above
captioned project.
In order to fill the entire wetland with an inert debris landfill we must
however legally bind the approved certification to the "development" of the
site. Development meaning that when the site buildings are constructed a Storm
Water Management Basin equaling or exceeding the original designed basin must be
constructed. The Storm Water Basin can be redesigned and relocated as long as
the basin meets the original design criteria. The basin will need to be binded
to the land and not the Owners in case the land is sold and another group
developes.
Please legally bind the the attached Water Quality Certification to the land in
order for us to continue the approval process.
If you have any questions or comments please contact me at 919-972-7703.
Sincerely,
Michael Stocks; Elf
i?
JML/ejl
cc: Mr. Butch Holland
Mr. Ron Ferrell
file
attachments
4J-1,
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 George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary Director
March 6, 1992
Mr. J. Michael Stocks
Appian Consulting Engineers
P.O. Box 2966
Rocky Mount, NC 27804-0966
Dear Mr. Stocks:
Subject: Proposed Fill in
Nash Brick Site
Nash County
Headwaters or Isolated Wetlands
development
DEM Project #91914
Upon review of your request for Water Quality Certification
to place fill material in 2.26 acres of wetlands and water (net
of 0.62 acres after wetland creation) for old Nash Brick Company
site located in Nash 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 or 919/733-1787.
Sincerely,
e rge T. Everett
GTE:JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Regional Office
Raleigh DEM Regional Office
Mr. John Dorney
Central Files
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704!251.6208 91914861541 704/663-1699 919/571-4700 919/9466481 919/395-3900 919/69()-7007
Pollution Nreventlon Nays
PO. Box 29535, R.ileigh, North Carolina 27626,0535 Trlel6nir 919.733.7015
An Equal OM+onuniry AfNrmatiw Amon Empkyer
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 26 (HEADWATERS
AND ISOLATED WETLANDS)
This General Certification is issued in conformity with the
requirements of Section 901, Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of Envi-
ronmental Management Regulations in 15A NCAC 2H, Section .0500
and 15A NCAC 2B .0109 and .0201 for the discharge of fill mate-
rial to navigable waters and adjacent wetland areas which are
above the headwaters or to wetland areas that are not a part of
the surface tributary system to interstate waters or navigable
waters of the United States (i.e., isolated wetlands) as
described in 33 CFR 330 Appendix A (B) (26) of the Corps of Engi-
neers regulations (i.e., Nationwide Permit No. 26).The category
of activities shall include any fill activity in these headwaters
and isolated wetland and water areas where the activity does not
result in the loss or substantial modification of 10 acres or
more of waters of the United States, including wetlands. This
Certification replaces Water Quality Certification Number 2176
issued on November 5, 1987.
The State of North Carolina certifies that the specified
category of activity will not violate Sections 301, 302, 303, 306
and 307 of the Public Laws 92-500 and 95-217 if conducted in
accordance with the conditions hereinafter set forth.
Conditions of Certification:
J
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 Division of Envi-
ronmental 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
Division of Environmental Management.
3. Proposed fill of greater than one acre in SA, trout,
HQW, ORW, WS-I and WS-II watersheds requires public
notice and an individual 901 Certification from the Divi-
sion of Environmental Management;
9. That established sediment and erosion control practices
are utilized to prevent violations of the appropriate
turbidity water quality standard (50 NTUs in streams and
rivers not designated as trout waters by DEM; 25 NTUs in
all saltwater classes, and all lakes and reservoirs; 10
NTUs in trout waters);
5. That additional site-specific conditions may be added to
projects with greater than one-third of an acre impact
which are proposed under this Certification in order to
ensure compliance with all applicable water quality and
effluent standards;
6. Concurrence from DEM this Certification applies to an
J individual project shall expire three years from the date
of the cover letter from DEM.
Non-compliance with or violation of the conditions herein set
forth by a specific fill project shall result in revocation of
this Certification for the project.
The Director of the North Carolina Division of Environmental
Management may require submission of a formal application for
individual certification for any project in this category of
activity, if it is determined that the project is likely to have
a significant adverse effect upon water quality or degrade the
waters so that existing uses of the wetland or downstream waters
are precluded.
Public hearings may be held for specific applications or
group of applications prior to a Certification decision if deemed
in the public's best interest by the Director of the North Caro-
lina Division of Environmental Management.
This is the 21st day of January, 1992
DIVISION W PVIRONMENTAL MANAGEMENT
By .
George T.LEOerett, Director
gencert.26
jrd/gc
WQC# 2671

DEM ID: ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT 0):
41-
JOINT FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE APPLICATION FOR SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRON
AND NATURAL RESOURCE D
P.O. BOX 29535
RALEIGH, NC 27626-0535 0
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: BGJW Partnership Billy Edwards
2. OWNERS ADDRESS: P.O. BOX 7245
ocky Mount, NC 27804
3. OWNERS PHONE NUMBER (HOME): 937-2317 (WORK): _443-1176
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: [phone]
Appian Consulting Engineers P.A.
P.O. Box 7966, Rocky Mount NC 27804
Attn: Mike Stocks
5. LOCATION OF WORK (MUST ATTACH MAP). COUNTY: Nash
NEAREST TOWN OR CITY: Rocky Mount
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Off US 301 Business (N Church Street) 1500' North of SR 141
6. NAME OF CLOSEST STREAM/RIVER: Compass reek
7. RIVER BASIN: Tar-Pamlico River Basin
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO [X)
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [X ) NO [ J
IF YES, EXPLAIN. See Attachpcl
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: 2.26
7/8/92
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLED: 2.26
DRAINED: -
FLOODED:
EXCAVATED:
TOTAL IMPACTEDt 2.26
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS-8 1/2" X 11" DRAWINGS ONLY):
Use area as an inert debris landfill meeting the reauirementc ni,tlinpd
in attached memorandum #16.
13. PURPOSE OF PROPOSED WORK: See #12
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. Fill material such as mentioned must meet the reauirements i
.0562 (2) The fill activity involves no excavation. This generally
_ means fill a natural low area. In our case it is a man made low area
approx. 25 years old.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR 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. HAVE YOU DONE SO? YES [X] NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [X] NO ( ]
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. ADDITIONAL INFORMATION REQUIRED BY DEM: (Site visit by D EM 02-11-92)
Attached A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
Attached B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
Attached C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY?
Commercial
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
OWNER'S SIGNATURE DATE"','
Wetland area 2.3 acres
Nearest road
wr, r..,
oxt`internlittant stream
in drainage basin headwaters
in ovate-sha ?d de ression
other A Qo & -
Wetland width S -'o 125 feet
ty 't)I, IA;f U C l« ?q?1
Flooding. and wetnest
0 saltwater Semipermanently to Pe
{ tidal, regularl y flooded
non-tidal, regularly, flo
seasonally flooded
intermittantlyfModed i
d no evidence of flooding
1'rl4406 ,.4 :0 .00 0 0 6 l0G'•00 6 66 `00 •••„••'?r•'••!!••'?•••'?'!•?•f!!M••?r•' •r
•
•
•
•
•
•
•
Wetland type (select one) Other A &A A1060> fTxg= v) 00
? Swamp forest ? Shoreline •
? Bottomland hardwood forest ? Stream channel
? Carolina bay ? Salt marsh
? Pocosin ? Brackish marsh
? Pine savannah ? Freshwater marsh
? Wet flat ? Bog/Fen •
? Perched ? Vernal pool
••••••••••••••••••••••••
•••••••
•sum
•!
••!•••••••••
••••••••w
Water storage ?_ •
Bank/Shoreline stabilization x 4.00 - $, {? •
Pollutant removal I •

Sensitive watershed I
x 1.50
-
-
Wetland
score
Travel corridor 0
? .
•
Special ecological attributes 0_ *+? •
Wildlife habitat I x 1.50
Aquatic life value I

Recreation/Education o
Economic value 0 Q x 0.25 = p,

U Hydrologically connected A Hydrologically isolated
tr' -ti
v y(, r
• U
1 P
'o j14T[3 Uf
Mr. J. Michael Stock
Appian Consulting Engineers, P.A.
P. 0. Box 7966
Rocky Mount, NC 27804-0966
Dear Mr. Stock:
UNITED STATES DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
NATIONAL MARINE FISHERIES SERVICE
Southeast Regional Office
9450 Koger Boulevard
St. Petersburg, FL 33702
March 18, 1992 F/SE013:JEB
This is in response to your February 12, 1992 letter regarding
the Pre-discharge Notification for your project and Endangered
Species Aut cunsile.caLiuti6. Tnt: shurLno;?;e sturgeon (Hc;ipenser
brevirostrum), along the Atlantic coast, and the Gulf sturgeon
(Asivenser oxyrhynchus desotoi), along the coast of the Gulf of
Mexico, are the endangered species under the jurisdiction of the
National Marine Fisheries Service (NMFS) which are most likely to
occur in your project area. In the absence of evidence to the
contrary it must be assumed that these sturgeon are present and
may be adversely affected by your proposed activity.
The Endangered Species Act of 1973 as amended (ESA) requires that
federal agencies consult with the NMFS and/or the U.S. Fish and
Wildlife Service (FWS) when an action permitted, funded, or
carried out by an agency (in this case the Corps of Engineers)
may jeopardize the continued existence of, or adversely affect,
endangered or threatened species. Therefore it is the
responsibility of the Corps of Engineers (COE) to make this
determination and consult with the NMFS and FWS. This
responsibility cannot be delegated to nonfederal organizations or
individuals.
I suggest that you contact your local COE District Office. They
are aware of the situation and they should contact our office
with the appropriate information regarding your project.
Sincerely,
Charles Oravetz, Chief
Protected Species Management
Branch
J
4ti'?w,n a c?
SrAtt
rN b ?
•? QIMM `?
North Carolina Department of Cultural Resources
James G. Martin, Governor
Patric Dorsey, Secretary
March 5, 1992
Mr. J. Michael Stocks
Appian Consulting Engineers, P.A.
P.O. Box 7966
Rocky Mount, N.C. 27804-0966
Re: Develop Light Industrial Park S/D near
Rocky Mount, Nash County, ACOE NWP
ER 92-7896
Dear Mr. Stocks:
Division of Archives and History
William S. Price, Jr., Director
Thank you for your letter of February 12 1992, concerning the above
project.
We have conducted a review of the project and are aware of no properties
of architectural, historic, or archaeological significance which would
be affected by the project. Therefore, we have no comment on the
project as currently proposed.
The above comments are made pursuant to Section 106 of the National
Historic Preservation Act of 1966 and the Advisory Council on Historic
Preservation's Regulations for Compliance with section 106, codified at
36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions
concerning the above comment, please contact Renee Gledhill-Earley,
environmental review coordinator, at 919/733-4763.
Sincerely,
i
David Brook
Deputy State Historic Preservation Officer
DB:slw
cc: Wayne Wright, ACOE, Wilmington
John Dorney, DEM, DEHNR, Raleigh
109 Fast Ines Street • Raleigh, North Carolina 27601-2807
Y

United States Department of the Interior
yr FISH A.NL D WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
W Raleigh, North Carolina 27636-3726
V?1 ry_
A'
To:
D. U. S. W. P???s?,?p
D. (5 ox '1 zL is
(? pc. (Y10 u w 1 , Nom- oZ -7 o
U INSTANT REPLY

Please excuse this form. We thought you would prefer a speedy reply to a
formal letter. This form serves to provide U.S. Fish and Wildlife Service
recommendations pursuant to Section 7 of the Endangered Species Act, as
amended (16 U.S.C. 1531-1543).
Re:

Project Name
)_ho lq'?_
Date of Inc ming Letter
QCIL
Based on our records, there are no Federally-listed endangered or
threatened species which may occur within the project impact area.
The attached page(s) list(s) the Federally-listed species which
may occur within the project impact area.
If the proposed project will be removing pines greater than or equal
to 30 years of age in pine or pine/hardwood habitat, surveys should
be conducted for active red-cockaded woodpecker cavity trees in
appropriate habitat within a 1/2 mile radius of project boundaries.
If red-cockaded woodpeckers are observed within the project area or
active cavity trees found, the project has the potential to adversely
affect the red-cockaded woodpecker, and you should contact this
office for further information.
Concur - Is not likely to adversely affect Federally-listed
endangered or threateded species.
Staffing limitations prevent us from conducting a field inspection
of the project site. Therefore, we are unable to provide you
with site specific recommendations at this time.
1 N ,6 .
Questions regarding this form letter may be directed to the biologist who is
handling this project.
l `7?.
Biolo ist /
g to
CONCUR: 0 ?S ? 2 o7q i2....
Endangered Species ate
Coordinator
REVISED JANUARY 1, 1992
Nash County
Red-cockaded woodpecker (Picoides borealis) - E
Tar River spiny mussel (Ellintio (Canthvria) steinstansana) - E
Dwarf wedge mussel (Alasmidonta heterodon) - E
There are species which, although not now listed or officially proposed for
listing as endangered or threatened, are under status review by the Service.
These "Candidate" (C1 and C2) species are not legally protected under the
Act, and are not subject to any of its provisions, including Section 7,
until they are formally proposed or listed as threatened or endangered. We
are providing the below list of candidate species which may occur within the
project area for the purpose of giving you advance notification. These
species may be listed in the future, at which time they will be protected
under the Act. In the meantime, we would appreciate anything you might do
for them.
Loggerhead shrike (Lanius ludovicianus) - C2
Carolina trillium (Trillium pusillum var. Pussillum) - C2
Yellow lance (mussel) (Elliptic lanceolata) - C2
Atlantic pigtoe (mussel) (Fusconaia masoni) - C2
Diana fritillary butterfly (Speveria diana) - C2

State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street a Raleigh, North Carolina 27604
Division of Solid Waste Management
James 11 Hunt, Jr., Governor Telephone [phone]% Jonathan R Howes, Secretary
August 1, 1991
Revised January 4, 1993
POLICY MEMORANDUM #16 - Revised
TO: All Interested Parties
FROM: Dexter R. Matthews, Section Chief
SUBJECT: Management of Construction, Demolition, Land Clearing, Inert,
and Yard Trash Debris
It is the intent of this revised memo to clarify the Solid Waste Section's Policy
regarding the proper management of that portion of the solid waste stream referred
to as "construction/demolition" debris. The long term objective is to manage these
waste types in accordance with the goals and policies of the Solid Waste
Management Act of 1989 (The Act).
The Act established a policy for promoting methods of solid waste management
that are alternatives to disposal in landfills. A hierarchy of management methods was
established with source reduction, recycling and reuse, and composting preferable to
incineration or disposal. The Act further required that, as a part of a comprehensive
recycling program to be initiated by July 1, 1991, construction/demolition debris be
separated from the waste stream and segregated in separate locations at a solid
waste management facility or other permitted site.
In furtherance of that goal, the waste stream was differentiated into four
distinct categories to encourage recycling and reuse: construction and demolition,
land-clearing, inert, and yard trash debris.
The Act defines Yard Trash as solid waste consisting of vegetative
matter resulting from landscaping maintenance, such as leaves, grass, limbs,
trimmings etc.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] Fax 1 919-1?3-0513
An Equal Opportunity Affirmative Action Employer
Land-clearing gbris is defined as solid waste which is generated solely
from land-clearing activities, such as stumps, trees, etc.
Inert debris is defined as solid waste which consists solely of material
that is virtually inert, such as brick, concrete, rock and clean soil.
Construction or Demolition debris is defined as solid waste resulting
solely from construction, remodeling, repair or demolition operations on
pavement, buildings, or other structures, but does not include inert, land-
clearing or yard trash debris.
In accordance with the goals and policies of the Solid Waste Management Act
of 1989, the Solid Waste Section has established the following HIERARCHY FOR
MANAGEMENT of these wastes:
RECYCLING AND REUSE
Yard Trash and Land-clearing debris defined as yard waste in the recently
adopted Solid Waste Management Rules should be managed in accordance with
Section .0900 of those rules. Source reduction methods and recycling and
reuse of these wastes as mulch or compost are the preferred methods of
management. In furtherance of the management hierarchy, the Act prohibited
the disposal of yard trash in sanitary landfills after January 1, 1993. Please
refer to Policy Memorandum 1414, revised, and Clarification - Yard Trash Ban
for specific management guidance.
/ Inert Debris should be recycled and reused as "clean fill" material or for
other beneficial reuse as approved by the Section. A solid waste permit is not
required if the fill activity meets the requirements of the Solid Waste
?- Management Rules, 15A NCAC 13B .0562.
3. Beneficial fill activity is not exempt from other local, state or federal
regulations including, but not limited to, zoning restriction, flood plain
?. regulations, wetland restrictions or sedimentation/erosion control regulations.
`A In addition, House Bill 1131, ratified July 3, 1991, allows the use of
used asphalt or used asphalt mixed with dirt, sand, gravel, rock, and concrete
a as fill material.
0
Land-clearing debris consisting of vegetative matter such as limbs,
stumps, etc. is not allowed as a beneficial fill material due to
subsidence/settling problems and potential methane gas generation associated
with decomposition.
Construction or Demolition Debris shall be separated into recyclable and'
non-recyclable materials and those materials which can not be reused should'
POLICY MEMORANDUM #16 - Revised
PAGE 3
be disposed of within a Construction and Demolition landfill or Municipal Solid
Waste landfill.
If recycling and reuse is not economically feasible, these waste types
may be incinerated. Incineration must be conducted in accordance with all
pertinent local, state, and federal regulations and under the conditions specified
in the incinerator permit.
DISPOSAL
Landfill Disposal shall be considered the least preferable method of
management of these waste types.
Land Clearing and Inert Debris Landfills
Rules addressing Land Clearing and Inert Debris (LCID) landfills have been
adopted addressing disposal of land clearing waste, r trash, and inert debris.
These Rules became effective January 4, 1993, and are contained in the North
Carolina Solid Waste Management Rules, 15A NCAC 13B .0560.
In conformance with North Carolina General Statute 4130A-309.09B(a)(1),
used asphalt or used asphalt mixed with dirt, sand, gravel, rock, and concrete
may also be disposed of in LCID landfills, effective till July 1, 1993.
Construction and Demolition Landfills
A landfill operated for disposal of construction or demolition debris must
meet the permit requirements outlined in Sections.0503 and .0504 of the Solid
Waste Management Rules with the following exceptions:
(a) Location distances from airport runways do not apply since this waste
type is not putrescible.
(b) Present policy does not require a liner-leachate collection system for
these waste types.
A separate location within a permitted Municipal Sanitary Landfill
(excluding buffer area) which meets these requirements, will be approved for
disposal of construction/demolition debris through an amendment to permit.
POLICY MEMORANDUM #16 - Revised
PAGE 4
If a separate area is not available, those materials which were separated
from the waste stream but which can not be recycled shall, upon written
request, be approved for co-disposal within a sanitary landfill.
In summary, the Section's policy Is to promote the segregation and separation
of various portions of the waste stream to allow reuse and recycling. The disposal
requirements and associated costs should provide incentive for the separation of
recyclable materials during construction and more effective salvage operations prior
to demolition.
Local governments are encouraged to support this policy of effectively
managing this portion of the solid waste stream by:
(1) Promoting source reduction, recycling and reuse and composting
(2) Providing adequate disposal capacity for non-recyclables and
(3) Taking enforcement action against non-conforming disposal sites.
Architects, contractors and any persons contracting such construction or
demolition activities should include in the contract the cost to reuse recyclable
materials and properly dispose of non-recyclable materials.
/ .0562 BENEFICIAL FILL
A permit is not required for beneficial fill activity that meets all of the following conditions:
(1) The fill material consists only of inert debris strictly limited to concrete, brick, concrete block,
uncontaminated soil, rock, and gravel.
(2) The fill activity involves no excavation.
(3) The purpose of the fill activity is to improve land use potential or other approved beneficial
reuses.
V) j (4) The fill activity is not exempt from, and must comply with, all other applicable Federal, State,
and Local laws, ordinances, rules, and regulations, including but not limited to zoning
restrictions, flood plain restrictions, wetland restrictions, mining regulations, sedimentation and
erosion control regulations. Fill activity shall not contravene groundwater standards.
History Note. Statutory Authority G. S. 130A-294;
Ef. .. January 4, 1993.
.0563 APPLICABILITY REQUIREMENTS FOR LAND CLEARING AND INERT DEBRIS
(LCID) LANDFi LILS
Management of land clearing and inert debris shall be in accordance with the State hierarchy for
managing solid waste as provided for under N.C.G.S. § 130A-309.04(a). Disposal in a landfill is
considered to be the least desirable method of managing land clearing and inert debris. Where landfdling
is necessary, the requirements of this Rule apply.
(1) An individual permit from the Division of Solid Waste Management is not required for Land
Clearing and Inert Debris (LCID) landfills that meet all of the following conditions:
(a) The facility is to be operated for the disposal of land clearing waste, inert debris, untreated
wood, and yard trash. Operations must be consistent and in compliance with the local
government solid waste management plan as approved by the Division of Solid Waste
Management.
(b) The total disposal area Is under two acres in size.
(c) The facility and practices comply with the siting criteria under Rule .0564, and operational
requirements under Rule .0566.
(d) The fill activity is not exempt from, and must comply with all other Federal, State, or Local
laws, ordinances, Rules, regulations, or orders, including but not limited to zoning restrictions,
flood plain restrictions, wetland restrictions, sedimentation and erosion control requirements, and
mining regulations.
(2) Where an individual permit is not required, the following applies:
(a) The owner of the land where the landfill is located must notify the Division on a prescribed
form, duly signed, notarized, and recorded as per Rule .0563(2)(b). The operator of the landfill,
if different from the land owner, shall also sign the notification form.
(b) The owner must file the prescribed notification form for recordation in the Register of Deeds'
Office. The Register of Deeds shall index the notification in the grantor index under the name
of the owner of the land in the county or counties in which the land is located. A copy of the
recorded notification, axed with the Register's seal and the date, book and page number of
recording shall be sent to the Division of Solid Waste Management.
(c) When the land on which the Land Clearing and Inert Debris Landfill is sold, leased, conveyed,
or transferred in any manner, the deed or other instrument of transfer shall contain in the
description section in no smaller type than that used in the body of the deed or instrument a
statement that the property has been used as a Land Clearing and Inert Debris Landfill and a
reference by book and page to the recordation of the notification.
.,.oo'
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON. NORTH CAROLINA 28402.1890
IN REPLY REFER To April 20, 1992
Regulatory Branch
Action ID. 199201282 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
B.G.J.W. Partnership
Mr. Billy Edwards
Post Office Box 7245
Rocky Mount, North Carolina 27804
Dear Mr. Edwards:
Reference your application (Predischarge Notification) dated March 9,
1992, for Department of the Army authorization to fill 1.46 acres of wetlands
adjacent to an unnamed tributary to Compass Creek, City of Rocky Mount, Nash
County, North Carolina.
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 33.6 published
Federal Register on November 22, 1991, lists nationwi0de,
permits. in the
-?' Authorization was provided
pursuant for discharges of dredged orfill material into headwaters andaisolatedAwaters
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.
special aquatic sites, including wetlands, the notificatFor c
iondmustaalso 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.
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.
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,

-2-
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.authorization, 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.
Questions or comments may be addressed to Mr. John Cameron, Raleigh Field
Office, Regulatory 1iranch, telephone [phone] or [phone].
Sincerely,
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
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
Mr. Mi Stocks
A Consultion Engineers, P.A.
ost Office Box 7966
Rocky Mount, North Carolina 27804
C. Wayne Wright
Chief, Regulatory Branch
1-11
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 George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary March 6, 1992 Director
Mr. J. Michael Stocks
Appian Consulting Engineers
P.O. Box 2966
Rocky Mount, NC 27804-0966
Dear Mr. Stocks:
Subject: Proposed Fill in
Nash Brick Site
Nash County
Upon review of your request for Water Quality Certification
to place fill material in 2.26 acres of wetlands and water (net
of 0.62 acres after wetland creation) for old Nash Brick Company
site located in Nash 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.
DEM Project #91914
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900
if you have any questions, please contact John Dorney at
919/733-1786 or 919/733-1787.
Headwaters or Isolated Wetlands
development
Sincerely,
e rge T. Everett
GTE:JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Regional Office
Raleigh DEM Regional Office
Mr. John Dorney
Central Files
Winston-Salem
919/890-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Lmployer
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE
el? FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBER 26 (HEADWATERS
AND ISOLATED WETLANDS)
This General 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 Envi-
ronmental Management Regulations in 15A NCAC 2H, Section .0500
and 15A NCAC 2B .0109 and .0201 for the discharge of fill mate-
rial to navigable waters and adjacent wetland areas which are
above the headwaters or to wetland areas that are not a part of
the surface tributary system to interstate waters or navigable
waters of the United States (i.e., isolated wetlands) as
described in 33 CFR 330 Appendix A (B) (26) of the Corps of Engi-
neers regulations (i.e., Nationwide Permit No. 26).The category
of activities shall include any fill activity in these headwaters
and isolated wetland and water areas where the activity does not
result in the loss or substantial modification of 10 acres or
snore of waters of the United States, including wetlands. This
Certification replaces Water Quality Certification Number 2176
issued on November 5, 1987.
The State of North Carolina certifies that the specified
category of activity will not violate Sections 301, 302, 303, 306
and 307 of the Public Laws 92-500 and 95-217 if conducted in
accordance with the conditions hereinafter set forth.
Conditions of Certification:

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 Division of Envi-
ronmental 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
Division of Environmental Management.
3. Proposed fill of greater than one acre in SA, trout,
HQW, ORW, WS-I and WS-II watersheds requires public
notice and an individual 401 Certification from the Divi-
sion of Environmental Management;
4. That established sediment and erosion control practices
are utilized to prevent violations of the appropriate
turbidity water quality standard (50 NTUs in streams and
rivers not designated as trout waters by DEM; 25 NTUs in
all saltwater classes, and all lakes and reservoirs; 10
NTUs in trout waters);
5. That additional site-specific conditions may be added to
projects with greater than one-third of an acre impact
which are proposed under this Certification in order to
ensure compliance with all applicable water quality and
effluent standards;
6. Concurrence from DEM this Certification applies to an
individual project shall expire three years from the date
of the cover letter from DEM.
Non-compliance with or violation of the conditions herein set
forth by a specific fill project shall result in revocation of
this Certification for the project.
The Director of the North Carolina Division of Environmental
Management may require submission of a formal application for
individual certification for any project in this category of
activity, if it is determined that the project is likely to have
a significant adverse effect upon water quality or degrade the
waters so that existing uses of the wetland or downstream waters
are precluded.
Public hearings may be held for specific applications or
group of applications prior to a Certification decision if deemed
in the public's best interest by the Director of the North Caro-
lina Division of Environmental Management.
This is the 21st day of January, 1992
DlVIS10N NVIRUNME,NTAL MANAGEMENT
By .
Gebrge T. LEi(rerett, Director
gencert.26
jrd/gc
WQC# 2671
DEM ID: ACTION ID:
JOINT APPLICATION FOSH FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SKULD PC SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: B G J W Partnershia BiIIK Edwards
2. OWNERS ADDRESS: P.O. Box 7245
Roc kV Mount NC 27804
3. OWNERS PHONE NUMBER (HOME): 937-2317 (WORK): 443-1176
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE, OFFICIAL, ADDRESS,
PHONE NUMBER: Appian Consulting Engineers.
P. 0. Box 7966
ttn :
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: Nash
NEAREST TOWN OR CITY: Rocky Mount
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Off US 301 Business (N. Chi rah _StrPPt ) 1500' North of SR 1541
6. NAME OF CLOSEST STREAWRIVER: Compass Creek
7. RIVER BASIN: Tar - Pamlico River Basin
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES ( j NO (Xj C NSW
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES ( j NO (X)
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
1.46 Ac Wetlands, .8 Ac Waters Iq
???
-2-
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED:
DRAINED:
FLOODED: (SEE ATTACHED)
EXCAVATED:
TOTAL IMPACTED:
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): To develop a small
4 lot li ht industrial
13. PURPOSE OF PROPOSED WORK: to 'provide local and out of Town businPS?Ps
an opportunity to invest in an industrial park- lornfed in narib Ror. -- oust.
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. The proposed layout takes great ultimate) d
that as a more leasi storm are
e site wetlands are a former borrow pit that w@s not rec aimed pry
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
i (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR 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. HAVE YOU DONE SO? YES [XI NO [ ]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
lb. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [X) NO
i RESPONSE FROM THE SHPO SHOULD BE ATTACHED.
17. ADDITIONAL INFORMATION REQUIRED BY DEM: N/A (Site visit by DEM 2-11-1992)
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHO'IOGRNf[I OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY?
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
OWNER'S SIGNATURE DATE
The following is a breakdown of the existing and proposed wetlands and waters:
Wetlands Waters
Pre-Development 1.46 Ac .80 Ac
Lost Due to Fill Activity 1.09 .24
Lost Due to Conversion to Waters .12 -
Lost Due to Conversion to Wetlands - 137
Existing to Remain .25 .19
Created from Upland .24 .22
Created from Waters .37 -
Created from Wetlands - .12
Post-Development .86 .53
Pre-Development 1.46 .80
Post- Development .86 .53
Total Impacted .60 .27
l?

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MEMORANDUM I'R IN'.I' NAML;:':
Pr?vi,=?a,?r ?r-------
TO: Jelin D,-,rI»y WO ,;ups :._ .?.
Planning Bl•arc•h 1) AT
SUBJECT: WETLAND >TAFF REPORT AND RF:C''' ?MMI?NDA'I'I('f I;
*.? .? EACH I'-EM M[7:'.`I' hI•; Sn,I?;(?'?iJFT?1;Cr M !'Y !'Y I•!,/A Cr!1' NO`I' APPI?, C(='ATT,E)
PERMI11, YID: 93 ''Fpm1'I' I'd(`: M)W);'.'_,'-,
APPLICANT NA.M'h': Fs(_:JW I'lltl'l'!Jl?;}?;?it1 E'; I',l I_ ,t,`l 1?;DWAl I_?,=',
PI2C?JEr_"I' `T'YPE : DEAR I `,? P l.. M l'! l'`r' I' Iti :
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APR 2 2199a ???'?, .
Fax #: [phone]
Telephone: [phone]
APPIAN CONSULTING ENGINEERS
841 S. Wesleyan Blvd.
P.O. Box 7966
Rocky Mount, North Carolina 27804-0966
%611m QUAL.1-TY ??11 V) I III
LETTER OF TRANSMITTAL
DATE
/??
`f
JOB NO.
ATTENTION
0RELL,
RE: * (GK v LL

GENTLEMEN:
WE ARE SENDING YOU THE FOLLOWING:
Prints/Plans ? Estimates ? Bid Proposal ? Contracts ? Specifications
ermit Applications ? Change order ?
THESE ARE TRANSMITTED as checked below:
For approval ? Bid Tabulation Distribution ? Boundary Survey needed - see attached
? For your use ? Approved permits for your files/records ? Easement needed - see attached
? As requested ? For Review and Comment ? Topographical survey needed - see attached
? Forward to Appian your Performance Bond, Labor and Materials Bond and Insurance Certificates
? For your signature, then return to Appian/
? For your processing with: nn
O U "
? Permit Applications ? Plans ? Specifications
{
? Appian Chk # in the amount of $ W 'j u
1T??
?
? Financial Responsibility form WETLANDS GROUP
WATER QUALITY SECTION

As discussed
#
COPIES DATE NO. DESCRIPTION

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COPYTO O Iflee 1"S SIGNED:

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SHEET NUMBER 9
NASH COUNTY, NORTH CAROLINA
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,tAOUNT Ur•?`'y :?? 1.r1?.! ,? :.... •.. ,y1,. i ?? _._ r..y4f „Y?'
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO. BOX 1890
'NILMINGTON, NORTH CARCLINA 28402-1890
'N REPLY REFER TO April 30, 1993
Regulatory Branch

Action ID. 199201282 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
BGJW Partnership
Attn.: Mr. Billy Edwards
P.O. Box 7245
Rocky Mount, North Carolina 27804
Dear Mr. Edwards:
Reference your revised application of March 22, 1993, for Department of
the Army authorization to discharge fill material within waters of the United
States, causing the loss of 2.26 acres of wetlands adjacent to, and above the
headwaters of, an unnamed tributary to Compass Creek, at an abandoned clay
borrow pit, on the east side of U.S. 301 Business (N. Church Street), 1,500
feet north of S.R. 1541, in Rocky Mount, Nash 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.
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated
waters.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the North Carolina
Division of Environmental Management. This nationwide permit does not relieve
you of the responsibility to obtain other required State or local approval.
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.
JIB ?1
-2-
Questions 71 4.`
or comments may be addressed to sir. Eric Aismeyer, -?aiei, n
Regulatory Field Office, at telephone [phone], extension 23.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copy Furnished (with enclosure):
Appian Consulting Engineers
Attn.: Mr. J. Michael Stocks
P.O. Box 7966
Rocky Mount, North Carolina 27804-0966
Copies Furnished (without enclosure):
Mr. Larry Odom
Nash County Planning Dept.
Nash County Agricultural Center, Rm. 111
Nashville, North Carolina 27856
MV/ 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