19930588 Ver 1_COMPLETE FILE_19930714

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A, Preston Howard, Jr., P.E., Director
March 4, 1994
Hooks and Kinlaw Group, Inc.
Queens Creek Development Co.
P.O. Box 1371
Lumberton, N.C. 28358
Dear Sirs:
ED EHNR
Subject: Proposed fill in Wetlands or Waters
Foxtrace subdivision, Sections II and III
Onslow County
DEM Project #93588
We have reviewed your request for 401 Water Quality Certification
to place fill material in 0.85 acres of wetlands or waters which are
tributary to Parrot Swamp for residential development located at
Foxtrace subdivision Section II and III in Onslow County as described
in your submittal dated 7 July 1993. Based on this review, we have
determined that the proposed fill is covered by General Water Quality
Certification No. 2671. A copy of the General Certification is
attached. This Certification is necessary for coverage under Corps of
Engineers' Nationwide Permit No. 26. This action completes DEM's
review under Section 401 of the Clean Water Act. Fill is not approved
on lot 94A. Fill is allowed on Lots 64A, 64B, 101A-101E, 80A, BOB and
94B.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
1786.
If you have any questions, please contact John Dorney at 919-733-
93588.1tr
Attachment
Sincerely,
n Ho d, Jr. P.E.
Imo, res
L
I
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DF.M Regional Office
Mr. John Dorney
Central Files
Ron Cul.liphe.r; Stroud Engineering
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
August 6, 1993
IN REPLY REFER TO
Regulatory Branch
WETLANDS GI WATER OUALITY SE .W+ N
Action ID No. 199302643 and Nationwide Permit No. 14 (Road Crossing)
Hooks & Kinlaw Group, Inc.
c/o Stroud Engineering, P.A.
Attn: Mr. Ronald. D. Cullipher, P.E.
Hestron Plaza One, Suite 102
Morehead City, North Carolina 28557
Dear Mr. Culliphter:
Reference your application of July 6, 1993, for Department of the Army
(DA) authorization to place fill material in 1.633 acres of wetlands above the
headwaters of Parrot Swamp in the Fox Trace subdivision located off SR 1501
near Swansboro, Onlsow 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, pursuant to Section 10 of the Rivers and Harbors Act of 1899
and Section 404 of the Clean Water Act, was provided for fills for roads
crossing waters of the United States (including wetlands and other special
aquatic sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a filled
area of no more than 1/3 acre. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands;
C. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer (DE) in accordance with the "Notification"
general condition.
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 into headwaters and isolated
waters.
Your work is authorized by these NWP's 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
-2-
Environmental Management (NCDEM). You should contact Mr. John Dorney,
telephone [phone], regarding water quality certification. In the
coastal area, a consistency determination should be obtained from the North
Carolina Division of Coastal Management (NCDCM). Please call Mr. Steve
Benton, telephone [phone], regarding this determination. These NWPs do
not relieve you of the responsibility to obtain other required State or local
approval.
These verifications will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued or revoked. Also,
these verifications 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.
Questions or comments may be addressed to Mr. Jeffrey Richter, Wilmington
Area Field office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
-3-
Copies Furnished (without enclosure):
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
r. Steve Benton
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Jim Gregson
North Carolina Division of
Environmental Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Robert Stroud
North Carolina Division
of Coastal Management
Wilmington Regional Office
127 Cardinal Drive Extenstion
Wilmington, North Carolina 28405
DEPARTMENT OF THE ARMY I
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890 WETLANDS GROUF-?
August 6, 1993 WATER QUALITY ECTIO?
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199302643 and Nationwide Permit No. 14 (Road Crossing)
Hooks & Kinlaw Group, Inc.
c/o Stroud Engineering, P.A.
Attn: Mr. Ronald. D. Cullipher, P.E.
Hestron Plaza One, Suite 102
Morehead City, North Carolina 28557
Dear Mr. Culliphter:
Reference your application of July 6, 1993, for Department of the Army
(DA) authorization to place fill material in 1.633 acres of wetlands above the
headwaters of Parrot Swamp in the Fox Trace subdivision located off SR 1501
near Swansboro, Onlsow 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, pursuant to Section 10 of the Rivers and Harbors Act of 1899
and Section 404 of the Clean Water Act, was provided for fills for roads
crossing waters of the United States (including wetlands and other special
aquatic sites) provided:
a. The width of the fill is limited to the minimum necessary for the
actual crossing;
b. The fill placed in waters of the United States is limited to a filled
area of no more than 1/3 acre. Furthermore, no more than a total of 200
linear feet of the fill for the roadway can occur in special aquatic sites,
including wetlands;
C. The crossing is culverted, bridged or otherwise designed to prevent
the restriction of, and to withstand, expected highflows and the movement of
aquatic organisms;
d. The crossing, including all attendant features, both temporary and
permanent, is part of a single and complete project for crossing of a water of
the United States; and
e. For fills in special aquatic sites, including wetlands, the permittee
notifies the District Engineer (DE) in accordance with the "Notification"
general condition.
For the purposes of the U.S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CPR), 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 into headwaters and isolated
waters.
Your work is authorized by these NWP's 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
If I
-2-
Environmental Management (NCDEM). You should contact Mr. John Dorney,
telephone [phone], regarding water quality certification. In the
coastal area, a consistency determination should be obtained from the North
Carolina Division of Coastal Management (NCDCM). Please call Mr. Steve
Benton, telephone [phone], regarding this determination. These NWPs do
not relieve you of the responsibility to obtain other required state or local
approval.
These verifications will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued or revoked. Also,
these verifications 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.
Questions or comments may be addressed to Mr. Jeffrey Richter, Wilmington
Area Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
-3-
Copies Furnished (without enclosure):
NY' John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. Steve Benton
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Jim Gregson
North Carolina Division of
Environmental Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Robert Stroud
North Carolina Division
of Coastal Management
Wilmington Regional Office
127 Cardinal Drive Extenstion
Wilmington, North Carolina 28405
STROUD ENGINEERING, P.A.
HESTRON PLAZA ONE
SUITE 102
MOREHEAD CITY, NORTH CAROLINA 28557
[phone]
U.S. Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, North Carolina 27636-3726
NMFS
Habitat Conservation Division
Pivers Island
Beaufort, North Carolina 28516
July 1, 1993
N.C. Division of Archives and History
State Historic Preservation Office
109 East Jones Street
Raleigh, North Carolina 27601
RE: NWP 14 and NWP 26 Minor Fill Requests
Foxtrace Section II and Section IV
Minor Fill Requests
Swansboro Twsp, Onslow County
Dear Agencies,

in accordance with applicable requirements please utilize
this letter as notification of our request to NCDEM and Corps of
Engineers for three NWP 14's and a PDN request for. 1.633 acres of
fill.
A copy of our application package is enclosed for your
information. If I can provide any additional information please
let me know.
Sincerely,
RDC/kw
cc: John Dorney, NCDEM
Ron ld D. Cullipher, P.E.
Jeff Richter, U.S. Army Corps of Engineers
P.O. BOX 2697
107 COMMERCE ST. HESTRON PLAZA ONE 2400 N. CROATAN HWY.
SUITE B SUITE 102 SUITE B
GREENVILLE, NC 27858 MOREHEAD CITY, NC 28557 KILL DEVIL HILLS, NC 27948
[phone] [phone] [phone]

NG, ?-A-
$TROUD ENGINEERL Suite 102
Plaza One 28557
HMOREHEAD CITY, NC
[phone]
nmental Mana
sion of Envixo
?9535 0535
axolina 27626-
cover via.
Under separate
? Attached ? ? plans
SENDING YOU prints
> WE ARE ? Shop drawings Change order ?
? Copy of letter
as checked below: submitted
TRANSMITTED ? Approved as
THESE ARE ,,oval Approved as noted
? Specifications
copies for approval
? Resubmit copies for distribution
Submit corrected prints
? Return
? For app corrections
AFTER LOAN TO US
? For your use ? Returned for
? As requested ? PRINTS RETURNED
comment
? For review and -
? FOR BIDS DUE
j ,.a rion
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?., slul'. Ronald D • u-- phex
PRODUCT 240 iMIaq inc., cmlm, Mm. 01471 if enclosures are not as noted, kindly notify us ac ?e
INFORMATION SHEET
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO TES CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
A. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO
ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT NOTIFICATION
REQUIREMENTS AND SPECIFICALLY NOTE NWP 26 DIFFERENCE.)
Certain nationwide permits require notification to the Corps of Engineers
before work can proceed. They are as follows:
NWP 5 (only for discharges of 10 to 29 cubic yards).
NWP 7
NWP 13 (only for stabilization activities in excess of 500 feet in length
or greater than an average of one cubic yard per running foot)
NW? 14 (only for fills in special aquatic sites, including wetlands, and
must include a delineation of affected special aquatic sites)
NWP 17
NWP 18 (required when discharge exceeds 10 cubic yards or the discharge is
in a special aquatic site and must include a delineation of the affected
special aquatic site, including wetlands)
NWP 21 (must include a delineation of affected special aquatic sites,
including wetlands) i'
NWP 26 (only for greater than 1 afire total impacts and must include a
delineation of affected special aquatic sites, including wetlands)
NWP 33 (must include a restoration plan of reasonable measures to avoid
and minimize impacts to aquatic resources)
NWP 37
NWP 38 (must include a delineation of affected special aquatic sites,
including wetlands)
For activities that may be authorized by the above listed nationwide permits
that require notification, the applicant shall not begin work
A. Until notified that the work may proceed under the nationwide permit
with any special conditions imposed by the District Engineer, or
b. If notified that an individual permit may be required, or
c. Unless 30 days (calendar) have passed frbcn 'thd 't'i'me 'A complete--
notification is received by the District Engineer and no notice has been
received from the District Engineer, an,.d required state approvals have been
obtained. Required state approvals -include: 1) a Section 401 water quality
certification if authorization is requested for a discharge of dredged or fill
material, and 2) an approved coastal--zone management consistency determination
if the activity will affect the coastal area.
3/30/92 1
-2-
Use of NWP 12 also requires notification to the District Engineer, but work
may not begin until written concurrence is received from the District
Engineer. The time periods described above do not apply. Furthermore,
requirements to notify the U.S. Fish and Wildlife Service (USFWS), the
National Marine Fisheries Service (NMFS), and the State Historic Preservation°N
Office ('SHPO), as indicated below and on the notification form, do not apply.
B. REQUEST TO DEM FOR NATIONWIDE PERMIT SECTION 401 GENERAL CERTIFICATION
CONCURRENCE OR INDIVIDUAL SECTION 401 CERTIFICATION.
Certain nationwide permits were denied general 401 certification by the State
of North Carolina and, thus, require individual Section 401 water quality
certifications. They are-NWP 17, NWP 21, and NWP 34.
Certain nationwide permits have general certifications, but require
concurrence from the N.C. Division of Environmental Management that the
general certification applies to a,pr?oposed action. They are NWP 6, NWP 7,
NWP-12, FW? 13, NWP 14, NW? 15, NWP 16, NW? 18, NWP 26 (if greater than 1/3
acre total impact), NWP 33, NWP 38, and NWP 40. NWP 23 requires only that the
applicant notify DEM.
C. APPLICATION PROCEDURES.
The attached form should 'be used to obtain' appro"val" from 'the-Corps -of
Engineers and/or the N.C. Division of/Environmental Management as specified
above. The applicant should make sure that all necessary information is
provided in order to avoid delays. 'One copy of the application is required by
the Corps of Engineers and seven copies are required by DEM. Plans must be oa
8 1/2 x 11 inch paper.
Endangered species requirement: For Corps of Engineers notifications only,
applicants must notify the U.S. Fish and Wildlife Service and/or the National
Marine Fisheries Service regarding the.presence of endangered species that may
be affected by the proposed project.
U.S. FISH AND WILDLIFE SERVICE NATIONAL MARINE FISHERIES SERVICE
RALEIGH FIELD OFFICE HABITAT CONSERVATION DIVISION
P.O. BOX 33726 PIVERS ISLAND
RALEIGH, NC 27636-3726 BEAUFORT, NC 28516
Telephone [phone] Telephone [phone]
Historic resources requirement: For Corps of Engineers notifications only,
applicants must notify the State Historic Preservation office regarding the
presence of historic properties that may be affected by the proposed project.
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 EAST JONES STREET
RALEIGH, NC 27601
[phone]
Information obtained from these agencies should be forwarded to the Corps.
DEH ID. ACTION ID:
NATIONWIDE PE IT APPLIED FOR (PROVIDE NATIONWIDE PERMIT):
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL, MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRON
P.O. BOX 1890 AND NATURAL RESOURCE D l? M ?5 a ,t i
WILMINGTON, NC 28402-1890 P.O. BOX 29535 ?S Il
ATTN: CESAW-CO-E RALEIGH, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY 1.993
Telephone [phone]
t L. -... -,?._.w-
WttL?,dr,?s ..GR O?i_.
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ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO 1'u pfSQL??TY
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: Hooks & Kinlaw Group, Inc./Queens Creek Development Co.
2. OWNERS ADDRESS: P.O. Box 1371
Lumberton, North Carolina 28358
3. OWNERS PHONE NUMBER (HOME): (WORK): [phone]
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Stroud Engineering, P.A.
Hestron Plaza One, Suite 102
Morehead City, North Carolina 28557
Attn: Ronald D. Cullipher, P.E.
5. LOCATION OF PLANNED WORT( (ATTACH MAP). COUNTY: Onslow
NEAREST TOWN OR CITY: Swansboro
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Foxtrace
Subdivision off of NCSR 1501.
i
6. NAME OF CLOSEST STREAM/RIVER: Parrot Swamp
7. RIVER BASIN. White Oak
8. IS THIS PROJECT LOCATED.IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,•
WS I, OR WS II? YES [X] NO ( ]
9. HAVE A.*1Y SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [X] NO [ ]
IF YES, EXPLAIN. Less than one acre-bn previous sections of subdivision.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: 120 acres.
,ry
3/30/92 ''
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT: .Previous New
FILLED: (0.943 AC) + (1.633 AC) Three NWP 14:
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED:
1) 130 LF
2) 60 LF
3) 200 LF
,ICumula?ivi
N.
12. DESCRIPTION OF PROPOSED WORK .(ATTACH PLANS): Construction of subdivision
roads and utility installation.
13. PURPOSE OF PROPOSED WORK: Single family subdivision in accordance with
state and federal regulations. -- -
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
I -
CARRIED OUT IN WETLANDS..,ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS- Wetland fingers disect upland property, fill activity connects
uplands. Activity has been minimized by redesigning site plan to conform
to main wetland areas.
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 ?N 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:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON ,
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH 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 MANAGEMEr LAN IS REQUI FOR THIS PROJECT, ATTACH
COPY. (Low Density)
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? &esidential/Undeveloped
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
Webb Creek Water and Sewer
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