19960399 Ver 1_COMPLETE FILE_19960426

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
JamesB. Hunt,Jr., Governor
Jonathan B. Howes,Secretary
A. Preston Howard, Jr., P.E., Director
Ag4J7L*A
F= F1
August 20, 1996
Duplin County
DWQ Project # 960399
APPROVAL of 401 Water Quality. Certification and ADDITIONAL CONDITIONS
Mr. Allen Raynor
Route 3, Box 18
Wallace, NC 28466
Dear Mr. Raynor.
You have our approval to place fill material in 1.0 acres of wetlands or waters for-the purpose of
constructing a swine nursery facility at SR 1940, as you described in your application dated 22 April 1996.
After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 2671. This certification allows you to use Nationwide Permit Number 2,6 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 except as
modified below. 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
and any additional conditions listed below. Spray fields and lagoons must be located on high ground. In
addition, you should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Sediment and Erosion Control, Coastal S tormwater, Non-Discharge and Water
Supply Watershed regulations.
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 Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919-73371786.
e on Howard, Jr. P.E.
Attachment
ca Wilmington District Corps of Engineers
Corps of Engineers Wilmington Feld Office
Wilmington DWQ Regional Office
Mr. John Domey
Central Files
Gary Mitchell; Gary Mitchell and Associates
960399.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
0 North Carolina Wildlife Resources Commission 0
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Dorney
Water Quality Section
Division of Environmental Management, DEHNR
FROM: W? William Wescott, Coastal Region Coordinator
Habitat Conservation Program
Date: July 22, 1996
Subject: Review of application for Nationwide Permit #26 and Section 401 Water Quality
Certification, Allan Raynor, Route 3 Box 18, Wallace, Duplin County, North
Carolina. (Project # 960399)
Staff biologists with the Wildlife Resources Commission have reviewed the project and
associated impacts on wildlife and fishery resources in the area. An onsite investigation was
conducted on July 2, 1996. Our comments are provided in accordance with provisions of the
Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and Section
401 of the Clean Water Act (as amended) and North Carolina General Statutes (G. S. 113-131 et
seq.).
The applicant is proposing to fill about 1 acre of `404' wetlands to facilitate the
construction of a swine nursery. This location was chosen to meet the minimum setback
requirements from existing swine facilities. The amount of wetlands to be filled for road
construction to and from the swine house were not included in the application, therefore the total
impact to `404' wetlands is unknown. High ground areas adjacent to the swine house were within
the minimum setback requirements and will be used for the construction of the waste lagoon.
According to the application, other alternatives considered were not practical, significantly
expensive, or involved greater wetland impacts. The wetlands on the project site are associated
with an unnamed tributary to Rockfish Creek. These wetlands provide valuable wildlife habitat
and serve as travel corridors for numerous species of amphibians, reptiles, birds, and mammals.
These wetlands also protect water quality in Rockfish Creek by filtering pollutants and buffering
storm water runoff
The project as proposed would immediately destroy a minimum of 1 acre of wetlands. We
have determined that this project is inconsistent with our Policies and Guidelines for Conservation
of Wetlands and Aquatic Habitats. We also believe that this project is inconsistent with the
Environmental Protection Agency's Section 404(b)(1) guidelines in that the project does not
constitute a water dependent activity. However, we would not object to the project provided
construction of additional livestock facilities within site wetlands are prohibited. In addition, we
recommend road construction leading to the swine nursery be configured to minimize to the
greatest extent possible impacts to wetlands in the project area.
Thank you for the opportunity to comment on this project. If you have any concerns
about our comments, please contact Brad E. Hammers at [phone].
cc: Bennett Wynne, Fisheries Coordinator
-. _.r
N..
MEMORANDUM PRINT NAMES:
Reviewer: ~
To: JOHN DORNEY WQ SUPV.: p=
ENVIRONMENTAL SCIENCES BRANCH DATE:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***
PERMIT YR: 96 PERMIT NO: 0000399 COUNTY: DUPLIN
APPLICANT NAME: ALLEN RAYNOR
PROJECT TYPE: COMMERCIAL FILL PERMIT TYPE: NW26
-OE #: DOT #:
RCD_FROM _CDA: APP DATE_FRM_CDA: 04/26/96
REG OFFICE: WIRO
RIVER AND SUB BASIN J: 030615 STR INDEX NO : /d'-" 17`1/- J
STREAM CLASS: CS
WL_IMPACT? : 61N WL_TYPE : b4//7--
WL_REQUESTED: WI,_ACR_EST?: ?P/N
WL_SCORE(#): WATER IMPACTED BY FILL?: Y V
MITIGATION?: Y)& MITIGATION TYPE: N14
MITIGATION-SIZE: /V/4 DID YOU REQUEST MORE INFO?: YtV
IS WETLAND RATING SHEET ATTACHED?: &/N
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/N
RECOMMENDATION (Circle One): ISSU SUE/COND DENY
.A _ - F i n
COMMENTS:
,
RECEIVED
AU6 1' 21996
ENVIRONMENTAL SCIENCES
cc : Regional Office """""'u
Central Files
Wetland type (select one)*
? Bottomland hardwood forest ? Pine savanna ? Bog forest
? He dwater forest ? Freshwater marsh ? Bog/fen
? amp forest ? Estuarine fringe forest L3
Seep
Wet flat ? Ephemeral wetland ? O
ther
? Pocosin ? Carolina Bay
*The rating system can: ,t be applied to salt or brackish marshes or stream channels
weight '
Water storage x 4.00 '

Bank/Shoreline stabilization x 4.00 - Wetland Score
Pollutant removal x 5.00 -
' Wildlife habitat x 2:00
Aquatic life value 0 x 4.00 -
Recreation/Education
x 1.00 -
i
* Add 1 pant if in sensitive watershed and > 10% nonpoint disturbance within 1 /2 mile upstream, upslope, or radius '

57
Project name ??l?ti ?A?tiDR Nearest road" A-e SW
County Wetland area acres Wetland width feet
Name of evaluator 61S-6?11- Date -- 7Zi 3ZL
.. -
------------- -----------
Mitchell and Associates, Inc ,=
Environmental Consultant/
128 N. Harding Street Greenville, North Carolina 27858 • 919 - 752 - 4077 • Fax: 919 - 752- 7380
fdu S la a6 ?'St'-'
1 I?P,
June 3, 1996
Mr. John Dorney c/
1? y? Fo
Water Quality Management ?o
N.C. Division of Environmental Management tirq
Post Office Box 29535
Raleigh, North Carolina 27626-0535 cis
Dear Mr. Dorney:
This letter is in reference to the N.W.P. 26 filed on behalf of Mr. Allan
Raynor, to fill approximately 1.0 acres of wetlands on Mr. Raynor's property,
located off NCSR 1940 (River Road), near the community of Tin City,
Duplin County, North Carolina.
In your recent correspondence, you expressed concern as to the nature of
Mr. Raynor's proposed livestock facility. The proposed fill in wetlands will
facilitate the construction of a swine nursery. The facility must be located in
the area indicated on the site plan in order to comply with industry standard
minimum setback requirements from existing swine facilities, in order to
ensure disease and vector control measures are properly undertaken. An
existing swine house is located across the dirt road noted on the plan. In
order to more fully utilize the maximum practicable extent of my client's
available high ground, Mr. Raynor plans to construct his lagoon and spray
fields in upland areas not subject to Department of the Army jurisdiction.
I have enclosed a more detailed site plan, as per your request.
Thank you for your time and prompt attention to this matter, and if you
have any additional questions or comments with respect to this N.W.P. 26
request, please feel free to give me a call.
Sincerely,
A. itchell
President, Mitchell & -Associates, Inc.
Mitchell and Associates, Inc.
E n v i r o n m e n t a l C o n s u l t a n t s
128 N. Harding Street • Greenville, North Carolina 27858 • 919 - 752 - 4077 • Fax: 919 - 752- 7380
r=; j 3 J
?. 244 ra...
April 22, 1996
Mr. John Dorney
Water Quality Management
N.C. Division of Environmental Management
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
RECEIVED
APR 2 61996
ENVIRONMENTAL SCILNCES
The purpose of this correspondence is for Mitchell & Associates, Inc.,
representing Mr. Allen Raynor, to submit a Department of the Army
Nationwide permit application for placement of fill material within
approximately 1.0 acres of Section 404 wetlands on Mr. Raynor's property ,
located off NCSR 1940 (River Road), near the community of Tin City, Duplin
County, North Carolina.
The purpose of the proposed fill in wetlands is to facilitate the expansion of my
client's existing livestock facility. The majority of the facility will be located in
uplands, however, insufficient high ground exists in order to make the
proposed project viable.
The applicant has considered other alternatives to the placement of fill
material in wetlands to accomplish his project goal, however, the proposed plan
is the only practicable alternative available. Other alternatives considered were
not practicable, significantly more expensive to the applicant, or involved even
greater wetland impacts. The project has been designed to avoid and minimize
potential adverse effects to other wetland areas. Additional measures will be
undertaken to maintain the work in strict conformance with all permit
conditions pursuant to Nationwide Permit No. 26, as well as all other state and
local requirements.
By copy of this correspondence and completed Pre-Discharge notification
procedure, I am requesting Department. of Environmental Management
concurrence with this Nationwide Permit No. 26 application. Please contact
me at your convenience should you have any questions about this matter.
Thank you for your time and prompt attention.

DEM ID:
ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 6
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 ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535 APR lg96
ATTN: MR. JOHN DORNEY
Telephone [phone]
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: Allan Raynor
2. Owners Address: Route 3 Box 18, Wallace, N.C. 28466
3. Owners Phone Number (Home): (Work): _
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
Mitchell & Associates, Inc.
*919 752-0477
128 North Harding St.
Greenville, North Carolina 27858
5. Location of work (MUST ATTACH MAP). County: Dup 1 in
Nearest Town or City: Wallace
Specific Location (Include road numbers, landmarks, etc.): North of NCSR 1941 , east of NC
Hwy 11, near the community of Tin City, Duplin County,,
6. Name of. Closest Stream/River: Unnamed Tributary of Rockfish Creek
7. River Basin: Ncrtbam w* CA PP PAa r
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [? ]
9, Have any Section 404 permits been previously requested for use on this property? YES [ J NO 93
If yes, explain. N/A
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
+/- 6.5 Acres
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 1.0
Drained:
Flooded:
0.0
Excavated: 0.0
Total Impacted: 1-0
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): P 1 a roman 1- of r 1 as n as ?'the
mill material in Section 404 wetlands. (See plan view drawings)
13. Purpose of proposed work: Facilitate expansion of existing livestock facility.
14. S tate reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. Insufficient non-wetlands on property to
complete project in an eco::,,.omically viable fashion.
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 orproposed'for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the propowd 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 Preserv,ition 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:
A. Wetland delineation map showing all wetlands, stream2, and lakes on the property.
B. If available, representative photograph of wetlands to bi-. impacted by project.
C. If delineation was performed by a consultant, include all ? ata sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is required for this project attach copy.
E. What island use of surrounding property? Rural -Agricultural
F. If applicable, what is proposed method of sewage disposal? No Disposal in this area
?? O ner's Signatu;; Date
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•7 Raynor WILMINGTON ` Pt. 3 Bx 18 / YVa l l a c E- r NC 28466
Continue on Page 84
PROPOSED WETLANDS WETLANDS
FILL
208'
LOCATION
+1- 1.0 Ac.
WETLANDS
208'
WETALNDS

`• UPLANDS WETLANDS
PROPOSED LAGOON A
REA
UPLANDS '---,,
UPLANDS

PROPOSED

SPRAY AREA UPLANDS
EXISTING SOIL ROAD
PROPOSED LOCATION OF FILL MATERIAL - NWP 26, ALLAN RAYNOR
N. OF SR 194 1, E. OF HWY 41, DUPLIN CO.
TYPICAL CROSS-SECTION
208'
State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary ID E H N F1
A. Preston Howard, Jr., P.E., Director
May 8, 1996
Mr. Allan Raynor
Route 3, Box 18
Wallace, NC 28466
Dear Mr. Raynor:
Re: Proposed land clearing of wetlands
Duplin County
On 22 April 1996 you wrote the Division of Environmental Management (DEM)
regarding your plan to fill wetlands for the purpose of expanding a livestock facility in
Duplin County. Your letter sought approval from DEM to fill in these wetlands.
Although we received seven copies of the application, only pne copy of the site map was
received with no information as to precisely what "livestock facilities" are planned. Please
enclose seven copies of the more detailed site plan with a more complete description of the
purpose of the fill. Also please discuss in more detail why the facility cannot be built in
uplands or wetlands adjacent to uplands.
Please call me at 919-733-1786 if you have any questions.
Jo R Dorney
W ter Quality Certific on Program
cc: Wilmington DEM Regional Office
Wilmington Corps of Engineers
Central Files
Gary Mitchell; Mitchell and Associates
960399.app
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
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