19950427 Ver 1_COMPLETE FILE_19950523

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
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May 24, 1995
Duplin County
DEM Project # 95427
APPROVAL of 401 Water Quality Certification
Mr. J. Neal Tucker
Murphy Family Farms
P. O. Box 759
Rose Hill, N. C. 28458
FILE COPY
Dear Mr. Tucker:
You have our approval to place fill material in 5.45 acres of wetlands or waters for the purpose
of constructing a road, rail car storage, loading and staging and new track and siding at SCL Railroad
track near Rose Hill, as you described in your application dated 26 April 1995. After reviewing your
application, we have decided that this fill is covered by General Water Quality Certification Numbers
2732 and 2671. These certifications allow you to use Nationwide Permit Numbers 14 and 26 when
they are issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
ti
t4no wa r , Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Domey
Central Files
Charlie Hollis 95427.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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SUBjECT : WETLAND STAFF REPORT AND RECOMMENDAT IONS
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P ERMIT YR: 9? PERMIT N0 0000427 COUNT Y ! EUP10"'N-,
APPLIC ANT \ 1. yiit MURPHY
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PROj ECT TYPE: COMMERC IAL 1 l -Ji f '1 ( i

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MITIGATION?: N

MITIGATION SIZE: DID YOU REQUEST MORE TNVP?: Y/9
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cc: Regional Office,
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Nationwide Permit Requested (Provide Nationwide'Permit #): 14 & 26
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 WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONIvIE TH,
P.O. Box 1890 AND NATURAL RESOURCES ?° -
Wilmington, NC 28402-1890 P.O. Box 29535 ? m - T
ATTN: CESAW-CO-E Raleigh, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone] a1 2 6 W 11 APR 1995
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORDS-OFENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL, MANAGEMENT.
EASE PRITIT.
1. Owners Name: MURPHY FAMILY FARM (A n• i Neal Tucker)
2. Owners Address: P.O. Box 759; Rose Hill NC 28458
3. Owners Phone Number (Home):
(Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
CHARLIE HOLLIS, REGULATORY CONSULTANT
138 GREEN FOREST DRIVE
WILMINGTON NC 28409 PHONE/FAX [phone]
5. Location of work (MUST ATTACH MAP). County: Dunlin
Nearest Town or City: Rose Hill
Specific Location (Include road numbers, landmarks, etc.): Adjacent- and west of SCL RR Track
lust south of Rose Hill, N.C.
6. Name of Closest Stream/River: Island Creek
7. River Basin: _ NE Cape Fear River
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS -II? YES [) NO jyj
9. Have any Section 404 permits been previously requested for use on this property? YES [) NO $X)
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 40+ Ac
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
New Road
N - 4 NWP-2
'illed: 0.27 1 0.61
)rained:
`looded:
?xcavated:
-i1 Impacted
Railcar Storage Loading & Staging New Track & Siding
NWP-26 NWP-26 NWP-26
0.42
1.27
2.88
TOTAL: 5.45 Acres

12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Expand Rai I road 1 oadi nh
and storage facilities at existing Rose Hill Plant by constructing new rail track
and siding, new loading and staging area, new empty car storage, and new road from
13. Purpose of proposed work: Expand & improve existing plant. existing State Road
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. All available high ground has been incorporated into plan;
new track and siding and loading area must be located alongside existing track
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMMS) regarding the presence or any Federally listed orproposed 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 [XX] NO[
]
RESPONSES FROM THE USFWS AND/OR N'NTS 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 jig] 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 management plan is required for this project, attach copy.
E. What is land use of surrounding property? Existing Plant
F. If applicable, what is proposed method of sewage disposal? N/A
(:HART.7F. H(1T.T TS April 24, 1995 ZL2-c- AGENT. SXs Signature Date
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