19951008 Ver 1_COMPLETE FILE_19950919

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
APPROVAL of 401 Water Quality Certification
Honorable John Pellam, Mayor
Town of Rich Square
P. O. Box 336
Rich Square, N.C. 27869-0336
Dear Mr. Pellam:
A171FA
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MOM
C) EHNR
September 20, 1995
Northampton County
DEM Project # 951008
FILECUr:
You have our approval to remove sludge material from existing lagoon for the purpose of
bringing existing wastewater treatment lagoon into compliance with NPDES permit at Rich Square's
wastewater lagoon, as you described in your application dated 12 September 1995. After reviewing
your application, we have decided that this fill is covered by General Water Quality Certification
Number 3022. This certification allows you to use Nationwide Permit Number 12 when it is 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,
ton Howar , Jr. P.E. '
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Domey
Central Files
Todd Steele; Municipal Engineering 951008.1tr
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
409 ISSUED
September 12, 1995
Mr. John Dorney
Department of Environment, Health, and Natural Resources
Division of Environmental Management
Water Quality Planning
P.O. Box 29535
Raleigh, NC 27626-0535
Re: Town of Rich Square, Wastewater Treatment Plant Project
MESCO Project No. G94051
Application for Section 401 Certification
5?? ? 51995:
Dear Mr. Dorney:
Enclosed are seven (7) copies of an application for Section 401 certification for a
proposed project for the Town of Rich Square for your review and approval. The project
consists of modifications to an existing wastewater treatment lagoon which is owned and
operated by the Town of Rich Square. These modifications include:
1.) Removal of approximately 3,000,000 gallons of sludge from the lagoon.
2.) Addition of eight (8) floating aerators to the lagoon.
3.) Addition of a dechlorination and reaeration tank.

If you have any questions or comments, please contact me at your convenience at
Municipal Engineering Services Company, P.A. [phone].
Rich Square WWTP September 12,1995 2
Very truly yours,
MUNICIPAL ENGINEERING SERVICES CO., PA
__-; -WI
Todd S. Steele, EIT
Enclosure
cc: John Pellam, Mayor of Rich Square
W.S. Hoffman, NCDEHNR
Bennie Goetze, NCDEHNRe'
U.S. Army Corps of Engineers
U.S. Fish and Wildlife Service
State Historic Preservation Officer

DEM ID: 5 ! 0d ACTION ID: 4nl 1r,,.,,
Nationwide Permit Requested (Provide Nationwide Permit #):
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
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMBN'? 4 ALTH,
P.O. Box 1890 AND NATURAL RESOURCES 1 f 5
Wilmington, NC 28402-1890 P.O. Bor. 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535 1 ., --
Telephone [phone] ATTN: MR. JOHN DORNEY WETLANDS 00
Telephone [phone] WATER UAL Ty
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE 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: Town of Rich Square
2. Owners Address: P.O. Box 336, Rich Square, NC 27869-0336
3. Owners Phone Number (Home): [phone] (Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
Honorable John Pellam, Mayor, Town of Rich Square
P.O. Box 336
5. Location of work (MUST ATTACH MAP). County: Northampton
Nearest Town or City:
Rich Square
Specific Location (Include road numbers, landmarks, etc.): Rich Square's Wastewater Lagoon is located
South of Rich Square along the West side of NC Hwy 29P -
6. Name of Closest Stream/River: Bridger's Creek
Roanoke River Basin
7. River Basin:
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS H? YES [ ] NO k]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO k]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: =?-
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: -0-
Drained: -0-
Flooded: -0-
Excavated: -0-
Tow.] Impacted: -0-
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
Remove sludge from existing lagoon, add flog+;ntr ncr?+nnc +n cvi?+; l nn
and add a dechlorination and reaeration tank
13. Purpose of proposed work: To brin#r existing wastewater treatment lagoon into r iml i ; anise
with NPDES permit.
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. Modifications must be made on-site. Erosion control measures
will be taken to protect down stream 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 ] 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 :vhich maybe 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.
D.
E.
F
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
If a stormwater management plan is required for this project, attach copy.
What is land use of surrounding property? Residential and Agricultural.
If applicable, what is proposed method of sewage disposal?
.
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4.
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
007
Action ID: S_0 r77 County: Nov AorV1,
Notification
of Jurisdictional Determination
Address <?Zl X o kri ?e ll&vrn P of
Property owner/Authorized Agent
t•
Al. C• 7 ? 9v L133,6 r y
Telephone Number
Indicate Which of
• There are wetlands on the above described property which we strongly suggest should be delineated and
surveyed. The surveyed wetland lines must be verified by our staff before the Corps will make a final
jurisdictional determination on your property.
• Because of the size of your property and our present workload, our identification and delineation of your
wetlands cannot be accomplished in a timely manner. You may wish to employ a consultant to obtain a
more timely delineation of the wetlands. Once your consultant has flagged a wetland line on the property,
Corps staff will review it, and, if it is accurate, we strongly recommend that you have the line surveyed for
final approval by the Corps. The Corps will not make a final jurisdictional determination on your property
without an approved survey.
• The wetlands on your lot have been delineated, and the limits of Corps jurisdiction have been explained
to you. Unless there is a change in the law or our published regulations, this determination may be relied
upon for a period not to exceed three years from the date of this notification.
There are no wetlands present on the above described property which are subject to the permit
requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed4fireeyears
from the date of this notification. u, c • d, r LA. k1k on .
• The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of
Coastal Management to determine their requirements.
Placement of dredged or fill material in wetlands on this property without a Department of the Army
permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A permit is
not. required for work on the property restricted entirely to- existing high ground. If you have any
questions regarding the Corps of Engineers regulatory program, please contact
Project Manager Signature
Date f lftS
Expiration Date 2000
SURVEY PLAT R FIELD SKETCH OF DESCRIBED PROPERTY THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
Property owner/Authorized Agent
CMAW Form 566
iocrn
Size and Location of Property(waterbody, Highway name/number, town, etc.)
41250=' Federal Register / Vol. 51,. No. 219 / Thursday, November. 13, 1986 / Rules and. Regulations
purchased by any person from the Corps
of Engineers or the reporter of such
hearing. A copy will be available for
public inspection at the office of. the
appropriate district engineer. .
(f) All written statements, charts,
:aauiations. and similar data offered in
evidence at the hearing shall, subject to
exclusion by the presiding officer for
reasons of redundancy, be received in
evidence and shall constitute a part of
the record.
(g) The presiding officer shall allow a
period of not less than 10 days after the
close of the public hearing for
submission of written comments.
(h) In appropriate cases, the district.-
engineer may participate in joint public
hearings with other Federal or state
agencies, provided the procedures. of
those hearings meet the requirements of
this regulation. In those cases in which
the other Federal or state agency allows
a cross-examination in its public
hearing, the district engineer may still
participate in the joint public hearing.
but shall not require cross examination
as apart of his participation.
§ 327.9'' Filing of the transcript of the
public hearing.
Where the presiding officer is the.
initial action authority, the transcript of
the public hearing,. together with all
evidence. introduced at the public .
hearing, shall be made a part of the .
administrative record of the permit
action or Federal project. The initial
action authority shall fully consider the
matters discussed. at the public hearing
in arriving at his initial decision or .
recommendation and shall address, in
his decision of= recommendation, all
substantial and valid' issues presented at
the hearing. Where a person other than .
the initial actiorrauthority servg"S.
presiding officer, such- person shall
forward the transcript of the:public
hearing and all evidence received in
connection therewith to the initial action
authority together with a report
summarizing the issues coveredat_the
hearing. The report of the presiding
officer and the transcript of'the. public
hearing and evidence submitted thereat
shall in such cases be fully considered-
by the,initiaFactiort authority in making.
his decision or recommendation to
higher:. authority as to such permit* . action
or Federal project.
f327.10 Authority of the presiding, officer.
Presidinjokidis shall have the
following authority:
(a) To regulate the course of the
hearing including the order of all
sessions and the scheduling thereof,
after any initial session, and the
recessing, reconvening; and
adjournment thereof; and
(b) To take any other action necessary
or appropriate to the discharge of the
duties vested in them, consistent with
the statutory or other authority under
which the Chief of Engineers functions.
and with the policies and directives of
the Chief of Engineers and the Secretary
of the Army.
§327.11 Public. notice.
.-
(a) Public notice shall be given of any
public hearing to be held pursuant to
this regulation. Such notice should
normally provide for a period of not less
than 30 days following the date of public
notice during which time interested .
parties may prepare themselves for the
hearing. Notice shall also be given to all.
Federal agencies affected by the
proposed action, and to state and local
agencies and other parties having an
interest in the subject matter of the
hearing. Notice shall be sent to all, persons requesting a hearing and shall
be posted in appropriate government
buildings and provided to newspapers of
general circulation for'publication.
Comments received *as form letters or
petitions may be acknowledged as a
group: to. the person.or organization
responsible ,for the form letter or
petition.
(b) The notice shall contain time,
place, and'nature of. hearing, the. legal.
authority and jurisdiction under which
the hearing is held; and location of and
availability of the draft.environmental.
impact statement or environmental
assessment
PART 328-DEFINITION OF WATERS
OF THE UNITED STATES :-
sec. . , _ .
328.1 Purpose. - - -- : . - .
328.7. General scope.
328.3 De&ijions.
328.4 Limits o1jurisdictio11..
328.5 Changes in limits of waters of the
United States..
Authority: 33 U.S.C.1344.
§ 3284 Purpose:
This-section defines the term "waters.
of the United States" as it applies to. the
jurisdictional. limits: of the authority of .
the Corps of Engineers. underthe, Clean:
Water-Act. It prescribes.the. policy,
practice,. and procedures tmbe:used im '.
determining the extent of jurisdiction of
the Corps of_Engineers concerning
"waters of the-United States'."The
terminology-used by,. section 404 of the
Clean Water Act includes-"navigable _
waters" which is defined at section
502(7). of. the Act as.' waters of the
United-States including the territorial
seas:' To provide clarity and to. avoid
confusion with other Corps of Engineer
regulatory programs, the terra "waters of
the United States" is used throughout 33
CFR Parts 320-330. This section does not
apply to authorities under the Rivers
and Harbors Act of 1899 except that
some of the same waters may be
regulated under both statutes (see 33
CFR Parts=322 and 329).
§ 328.2 General scope.
Waters ofthe United States include
those waters- listed in § 328.3(a). The
lateral limits of jurisdiction in those.
waters may be divided into three
categories. The categories include the
territorial seas, tidaf waters, and non-
tidal waters (see 33 CFR 328.4 (a), (b),
and (c), respectively).
§ 328.3. Definitions.
For the purpose of this regulation
these terms are defined as follows:
(a) The term "waters of the United
States" means
(1) All waters which are currently
used or were used in the past, or may
be susceptible to use in interstate or
foreign commerce, including all waters
which. are subject to the ebb and flow of
the tide;
(2), All"interstate waters including
interstate wetlands;
(3) All other waters such as intrastate
lakes, rivers, streams (including
intermittent streams), mudflats,.
sandflats, wetlands, sloughs, prairie
potholes, wet meadows, playa lakes, or
natural ponds, the use, degradation or
destruction of which could. affect -
interstate or-foreign commerce including
any such waters:
. (i) Which are or could be used by
interstate or foreign travelers for
recreational or other purposes; or
(ii) From which fish or shellfish are or
could be taken and sold in interstate or
foreign'. commerce; or
(iii): Which are`useTar-could-be-used
for industrial purpose by industries in
interstate commerc%
(4);Al impoundments of waters
otherwise defined as waters of the
United-States under the definition.
(5)' Tributaries of waters-identified in
paragraphs..(a)-E1)44) of this section;
(6), The. territori al' seas:.
(7J. Wetlandsadjacent to waters "
(other than: waters that are, themselves
` wetlandalidentifiedin, paragraphs (a)-
(1)-(6) of this:.section.. .
Waste treatment systems,, including
treatment'ponds-or•Iagoons designed to
meet the regrdrementwof CWA (other
.than cooling ponds as, defined in.40.CFR
123.11(m) whiclralso•aceet the-criteria of
this-definition}-aie not waters--of the
United States.