19961157 Ver 1_COMPLETE FILE_19961220

State of North Carolina
Department of Environment,
Health and Natural Resources AT4 ill
Division of Water Quality
James B. Hunt, Jr., Governor dM 111111111111111L
Jonathan B. Howes, Secretary p E H N F=I
A. Preston Howard, Jr., P.E., Director
January 6, 1997
Mr. J.M. Massey
689 Charles Massey Road
Mount Olive, NC 28365
Dear Mr. Massey:
Re: Proposed land clearing of wetlands
Sampson County
WQC Project #961157
On 18 December 1996 the Division of Water Quality (DWQ) was notified by receipt of
you application regarding your plan to fill wetlands for the purpose of constructing a
livestock facility in Sampson County. Approval from DWQ is required to disturb these
wetlands. Although the required application was enclosed, no site plan was included to
demonstrate the need for this amount of wetland fill. Please submit seven copies of these
plans on maps of suitable scale (for instance 1" = 100 feet) so we can begin to determine
your projects' compliance with 15A NCAC 2H .0500. Until these materials are received,
this application is on hold as incomplete.
Please call me at 919-733-1786 if you have any questions or would require copies of
our rules or procedural materials.
Sin erely, -?4
U'
T Dy
uality Certification Program
cc: Fayetteville DWQ Regional Office
Wilmington Corps of Engineers
Central Files
Gary Mitchell; Mitchell and Associates
Marsh Smith; Cunningham, Dedmond, Peterson & Smith, L.L.P.
961157.app
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
SENT BY:Wilmington District 1-16-97.; 8:50 ; USACE-Reg, Branch-4 919 733 9959;# 1
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SENT BY;Wilmington District 1-16-97 : 8:50 : USAGE-Reg. Branch-4 91999733 9959:# 2
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State of North Cordina
Department of Environment,
Health and Natural Resources
Dirrision of Water Quatlty
James B. Hunt, Jr., Covemor
Jonathan 8, Howes, Secrettory
A. Preston Howard. Jr,. P.E., Director
Mr. J.M. Massey
689 Ckdm Mm" Rood
Mount Olive, NC 28365
Dow?& Mawr.
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January 6.1997
RLr. JAN 81997
*4IA?4py M4MV
Re: Proposed land dMing of wetlands
Sampsm C079.1
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wQC rrojax ?M9 157 ?? J J j...! . ? . .
On 18 December 1996 dm Division; of water Qusiity (D'WO) was aodSod by nc4t of
ou applicodon regarding your plan to rill wctlanda for t? UWM of conswxting It
Kvmtoak facility 1n Sampaoa.C=3ty. Ap`p?rovai from DW? is required to &otb &M
wetleads. AltltonQit the tmgmaed application was awkwd, no sits pbm was inchuiod to
demonstrate the need for tth ss am mm of wedaud ffiL planet submit seven cvpim of d=
Plans oti maps of suiftWO 6061o (ft iastswc 1 ".a 100 titer so we tanbqon to deummim
your prgjc6is' cowpHA= with 15A NCAC 211.0500. Until tbm mammals am received,
this applic idon is oA hold as iWompleae.
Please call me at 919-733-1786 if you lave any gwWo» or would riygair+Q copios of
our rules or proms mood*.
S ,
T 10 F. Dome
PMPM.
cc: Fare sevit i Regional Offift
Contral ilea
Gary M CCINll: bfdcbel1 and Awdatss
Marsh Smith; Ctmningham, Dedmoud, Petmon dt Smith, L.LMP.
961157.app
DMobn of Water Guslity • Emlronmettta( ScWnces aranch
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SENT BY:Wilmington District ; 1-_16-97 ; 8:50 USACE-Reg. Branch-4 919 739 9959:# 3
Fool
CHBAw-CO-$L 9 Deoe?aber 1596 .' MSMOaAMUM FQR FILS
SUBJECT: dames M. Massey, AM 96-23
Summery of Site ;w
`? do s f?eCeaiber 1.596. " . :... .
?.. on 5 December 1926 Mike ftylor. and the si
Mitchell, Mitchell a Assacisteg environm?atai aonat stet with- -. '
Massey a property east of D7ewt oa 4rovs aAQ mmth ta?tte; r4 lsr..
8algpsa?a County, . The purpose of the visit o ?I at
CNVO
Completed wash associated with the visit me t ct
and to invegtigate allegations of ill Amm"t farm?
property by Adjacent Property owners.alal activities ? is of as an t .#MisW ' :..:r,mignif the oonstrcc' tion of the proposed '? apposition-.
g farm at the site.
A. The attached mAP (Uhibit A) identifies 7 ¦itea of im&r .,. .'
the aPPrQxirdKt41 servations made inOthose fa:road. The following is a 4,wm?ry of .
ob
a. site 1 - now drainage ditch. An asauthorized approximately, long drainage ditch has been excavated below the the high ground-wetland interface. This ditch aognects to =e XVaad at
borrow ditch which, in turn, is connected to outside waters at the NmT
ditch adjacent the highway. The location of the unmapped wetland area
hall been roughly sketched on HWUbit A. Mr. Mitchell has identified
this area as vat and has had it: surveyed. Tba Corps has not verified
any wetland line en this proVezty to date.
Y advised Mr. Mitchell that a CAD will be seat to Mr. Nasser
directing that the entire new ditch be filled in to original elevation,
twrehermars, Cale section or the farm road borrow ditch excavated throtffh
this wetland area must be plugged at the bigh ground-weeland:i.atertace•
On the south to prevent further drainage. Alternatively,
the plug is placed in the borrow ditch on the east side { and p e?yyded
remove the road culvert under the powerlime and extend the borrowdi may
on the west side of the road through high ground to ton
the highway,
b. Site 2 - earthsra plug repair. >susinq Scott McLendon e 1
30vember 1996 site visit, he noted a hose in the earths= Plug at this
location was allowing drainage of *mtlendg. He requested Goat Mr.
Massey plug this hole. It was nbeerved that the hole bad been plugged
and drainage had stopped.
e. Site 3 and site 4 - culverts are to be placed tbaottgh the new
road at these approximate locations to allow lateral surface flows of
wetland hydrology. The road was still under construction this date and
culverts were not in place. However, a breach through the road fill to
allow lateral slow wag present at culvert Site 3. No =lv-art or breach
was present At Site 4, xt was noted that a 2-foot out running
lengthwise through the earthm plug in the borrow ditch at aite 4 was
allowing ElOw i:rom north to south is the ditch- This did not present a
drainage problem due to the plug located at site 2.
d, Site 9 and Site S. The ditch profile in this approximately
000 foot long portion Of the road borrow ditch indicated that wetlands
have been excavated. Mr. MitabA11 bad not rapped this area as wet. us
did inaeruct his delineator to re-visit the sloe for this purpose in
anticipation or our veriflcatioat of the surveyed wetland, line. exhibit A gives a very rough proximation of the location of wetlands
on the Massey property and does not have sealed acoareay.)
a- site 7 - plug has been placed in ditch on. adjacent property.
This prevents drainage offsite of Massey property,
SENT BY:Wilmington District 1-16-97 ; 8:51 USACE-Reg..Branch-4 919 733 9959; 4
3. Mr. Mitchell advised that Mr. Massmy needs more property to satisfy
state requirements for hog farms. Because of this, Mr. Kaasey has
purchased some adjacent land from his father. This acreage in wants of
the new road and borrow ditch. Mr. Kitchell is o,---nt.ly deXinewting
the wetlands in this area which will be included in his request: for our
Verification of the line.
4. tapon termination of the meeting Mike and X met: Frith Mr. Karvin
Rolland and Mr. Oahu Earwis, local pissty owners
. we briefed these gentlemou ou our f s and aVlainad the Corps
role in regulating wetlands, especially gram a hog U= perspective.
Mr. I&=tx was adament that the Corps has tba our City to stop
developMont of the hog farm and that if it was constructed, be wMa4
tell everyone it was t As Corps fault. Mr. Holland aeetAe4 to understand
our position more objectively.
5 . At this writ3.q, we are awaiting Mr. Mitchell a call to veri!`y the
surveyed wetland delineation. A CO will be issued for the unautheriaad
construction of the drainage ditch under the powerline and for
corrective measures to prevent the road borrow ditch from further
draining wetlands at that location.
Ernest Oatu"
Wilmington yield office
Manager
5ENT BY :Wilmington District : 1-16-97 : 8:51 USACE-Reg, Branch-4 919 733 99594 5
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SENT BY:Wilmington District ; 1-18-97 ; 8:52 ; USAGE-Rag. Branch-4 919 733 9959;9 6
January 15, 1997
Regulatory Branch
Action ID Nos. 19960257 and 199606291
Mr. Gary Mitchell
Mitchell & Associates, inc.
128 North Harding street
Greenville, North Carolina 27858
Dear Mr. Mitchell:
Returned herewith is Mr. J. M. Maasey's Pre-Construction Notification
(PCN) for Department of the Army section 404 permit authorization to place
fill material into 0.91 acre of wetlands above the headwaters of an unnamed
tributary of Deaver Dam Creek. The purpose or this work is to facilitate
construction of a livestock facility on Mr. Massey's property located on the
north side of U.S. Highway 13 approximately three miles east of the town of
Newton Grove, sanomon County, North Carolina.
Due to lack of information, we cannot concur with your determination
that a portion of the facility must be constructed in wetlands beaauae there
is insufficient high ground to avoid watland impacts. As you advised in
previous on-site meetings, you are in the process of delineating wetlands
within the property boundaries. When the delineation has been approved and
verified by this office, your alternatives determination can be reviewed for
purposaa of asseaning avoidance and minimization requirements. Under the
provisions of the new nationwide permits, scheduled for approval in February
1997, you should expect to mitigate on-site and in-kind for permitted
unavoidable wetland impacts at a minimum of a 2:1 impact ratio (i.e. two acres
of mitigation fot every one acre of wetland impacts).
Please advise as to the need to construct the farm access road in the
area along the north portion of the western property line, and its
continuation west to the eastern property line and north along the eastern
line to its termination at the ditch at the adjacent property. It appears
that much of this section of the road has been constructed through wetlands.
Specifically, addreaa the need for this section of the road in its present
location after it connects to the upland acreage on the northern half of the
property. It does not appear that roadway right-of-Way access is available or
necessary through the adjacent property on the north (see attached Exhibit A).
The diagram (attached Exhibit B) enclosed with your request to construct the
road received NoVember 3, 1995, did not indicate a continuation of the road
across the northern edge of the property to its terminus at the intersection
of the eastern and northern property lines.
SENT BY:WImington District ; 1-16-97 ; 8:52 ; USACE-Reg. Branch-+ 919 733 9959;# 7
-
2-Additionally, the remedial work dirsoted in our letter of
December 19, 1997, must be completed satisfactorily and timely. Processing of
your application is hereby suspended until alternatives are assessed and the
remediation work is accomplished, inspected, and approved.
If you have questions please call me at telephone [phone].
sinae,rely, FILE NAM;Masseyl.doo
cz sMr- Co- R L / JAKNK& / r A / s /
MAIL
CESAW-CO-R/FILE
Ernest W. Jahnke, Manager
Wilmington Field office
Enclosures
Copy furnished (with enclosures)!
Mr. J. M. Massey
689 Charles Massey Road
Mt. Olive, North Carolina 29365
Mr. Man Averittc
Division of Watex Quality
North Carolina bepartment or
Environment, Health, and
Natural Resources
Suite 714, Wachovia Building
Fayetteville, NC 28301
BCF:
CESAW-CO-RL/Richter
CE9AW-CO-RL/Taylor
L?
SENT BY:Wilmington District 1-16-97 : 8:53
USACE-Reg. Branch-4 919 733 9959:9 8
,,'01f
7s-4j "0'-
December 19, 1996
Regulatory Branch
Action ID 199706281
Mr. J. M. Massey
699 Charles Massey Road
Mt. Olive, North Carolina 28365
Dear Mr. Massey:
on December 51 1996, Messrs. Michael Taylor and Ernest Jahnke of my
staff met with Mr.•Gary Mitchell, Mitchell & Associates, Inc., at your
property on the north side of U.S. Highway 13 approximately 3 miles east of
Newton Grove, Sampson County, North Carolina. The purpose of this meeting was
to inspect completed and ongoing work associated with the construction of an
approximate 1200-foot-long farm road exempt form the provisions of Section 404
of the Clean Water Act.
The inapection disclosed that you have excavated a borrow ditch through
watlanda associated with the road construction and connected It to outside
waters so that it is currently draining an undetermined amount of wetlands.
This action Is a violation of Section 404 of the Clean Water Act as it
contravenes the Best Management Practices (BMPS) "that assure that flow and
circulation patterns ...are not impaired" and "that the reach of the waters of
the United States is not reduced..." in accordance with 33 CSR 323.4(a)(6).
Also, you have excavated an approximate 200-foot-long drainage ditch
through wetlands and connected it to outside waters via the farm road borrow
ditch. This activity in a wetland without authorization by Department of the
Army permit is a violation of Section 301 of the Clean water Act.
You are directed to cease and desist from any further work in wetland
areas and to submit a detailed written explanation of your actions to this
orrice within 10 days or your receipt of this letter. After review of your
submission, we will determine further appropriate administrative or legal
action.
Failure to comply with this directive may result in referral to the
United States Attorney with a recommendation for civil prosecution.
The following actions must be taken to correct your unauthorized work
and bring it into compliance with Section 404: (Please refer to the attached
Exhibit A.)
1. The entire drainage ditch at Site A must be ra-tilled using the
original excavated material deposited adjacent the ditch,
2. The section of the borrow ditch shown at Site a must either be
plugged at the southern edge of the wetland-high ground interface or
completely re-filled with earthen material obtained from an upland source.
SENT BY:Wilmington District : 1-16-97 ; 8:53
-2-
USACE-Reg. Branch-; 919 733 9959;9 9
The proscribed remedial actions must be finished prior to January 20,
1997. Please notify this office to arrange for an Inspection and approval of
the completed work.
1f you have question, contact Mr. Taylor, Regulatory Branch, telephone
[phone].
Sincerely,
FILENAME;maaseyl2.cad
C93AW-C0-RL/JAHNKE
CESAN-OC/LAMSON
CF,SAW-CO--RS /WINEFORDNER/s
Clifford winerordner MAIL
CniQfp South Section CESAW-Co-R/FILES
Copy furnished: Regulatory Section
U.S. Attorney's Office - EDNC
310 New Bern Avenue
suite 800, Federal Building
Raleigh, North Carolina 27601-1461
Mr. Gary Mitchell
Mitchell C AssoOiatos
128 N. Harding street
Greenville, North Carolina 27658
BCr;
CESAW-CO-RL/TAYLOR
CESAW-OC/LAMSON
CUNNINGHAM, DEDMOND, PETERSEN & SMITH, L.L.P.
ATTORNEYS AND COUNSH ORS AT LAW
221, NORTII BINNE11 STREEI
SOUTHERN PINES, NURTI I CAROLINA 28387
BRUCC T. CUNNINGI ]AM, IR.
RICI IARD E. DE.DMOND
ANN C. PETERSEN
MARSH SMITI I
(910) 6950600
January 8, 1997
John R. Dorney
Division of Water Quality
4401 Reedy Creek Rd.
Raleigh, NC 27607
Re: WQC Project # 961157
Dear John:
MAII IN(; ADDRI.SS
1'. O. BOX 14611
SOUTI IERN PINES, NC 2831115
I AX NO. [phone]
Thank you for copying me on your January 6, 1997 correspondence to
J.M. Massey in the above referenced matter.
Given the environmental damage that would ensue following the
installation of the hog house within the wetlands associated with
WQC Project #961157, I would ask that DWQ require a public hearing
prior to granting a 401 permit.
Additionally, I understand that the change in federal regulations
eliminating the headwaters exception (NWP 26) presently pends. It
would therefore seem to me that if Mr. Massey does not complete his
permit application prior to the close of the notice and comment
period for the elimination of NWP 26, then Mr. Massey will need to
apply for a permit from the Corps of Engineers as well as getting
a water quality certification.
Sincerely,
CUNNINGHAM, DEDMOND, PETERSEN & SMITH, L.L.P.
pto<
Marsh Smith
MS/ka
! L.
cc: Kenneth Rose 2.'
J.H. Carter, III, Ph.D. T. ZIP
G. Wayne Wright `c?
'7r
I
r
CUNNINGHAM, DEDMOND, PETERSEN & SMITH, L.L.P.
ATTORNEYS AND COUNSELORS AT LAW
225 NORTH BENNETT STREET
SOUTHERN PINES, NORTH CAROLINA 28387
BRUCE T. CUNNINGHAM, JR
RICHARD E. DEDMOND
ANN C. PETERSEN [phone]
MARSH SMITH December 10, 1996
VIA FIRST CLASS MAIL
North Carolina Division of Water Quality
4401 Reedy Creek Road
Raleigh, NC 27607
MAILING ADDRESS
P. O. BOX 1468
SOUTHERN PINES, NC 28388
FAX NO. [phone]
RE: Documents Concerning swine operation of James M. Massey
in the Vicinity of Highway 13
Dear Folks:
Pursuant to the Freedom of Information Act, 5 U.S.C. 552, and the
North Carolina Public Records Law, NCGS Chapter 132, I request
access to and copies of waste management plan(s) or site
evaluation(s) submitted on behalf of James M. Massey for an
Intensive Livestock Operation (ILO) in the vicinity of Highway 13
in Sampson County and any other documents relating to Mr.
Massey's proposed ILO in the possession of the U.S. Army Corps of
Engineers. The site appears to be situated amidst fairly
extensive jurisdictional wetlands.
Please waive any applicable fees. Release of the information is
in the public interest because it will contribute significantly
to public understanding or government operations and activities.
In the event you deny this fee waiver request, I agree to pay
reasonable duplication fees for the processing of this request in
an amount not to exceed $50.00, but please notify me prior to
your incurring expenses in excess of that amount.
If my request is denied in whole or in part, I ask that you
justify all deletions by reference to specific exemptions of the
Act. I will also expect you to release all segregable portions
of otherwise exempt material. I, of course, reserve the right to
appeal your decision to withhold any information or to deny a
waiver of fees.
As I am making this request as a representative of Kenneth Rose,
a neighboring landowner, and this information is of timely
RECEIVED
DEC 13 1996
ENVIRONMENTAL SOIENCFS
I.,-,j
NCDWQ
December 10, 1996
Page 2
value, I would appreciate your communicating with me by
telephone, rather than by mail, if you have any questions
regarding this request. I look forward to your reply within ten
(10) business days, as the state requires.
Thanks for your assistance.
Sincerely,
?
Marsh Smith
cc:
Kenneth Rose
l CUNNINGHAM, DEDMOND, PETERSEN & SMITH, L.L.P.
ATTORNEYS AND COUNSEI ORS AT LAW
225 NORTH BENNETI STREET
SOUTHERN PINES, NORTII CAROLINA 213387
BRUCE T. CUNNINGHAM, JR.
RICHARD E. DEDMOND
ANN C. PETERSEN
MARSH SMITH
John Dorney
NCDEM
P.O. Box 27687
Raleigh, NC 27611-7687
(910) 6950800
December 23, 1996
Re: Proposed Massey Hog Farm
Dear John:
MAILING ADDRESS
1'. O. BOX 1468
SOUTI IERN PINES, NC 28388
FAX NO. (910) 695-090:3
EDEC,019 6 ?.
WA WtUANPIT-RO-11-p
Enclosed please find a copy of the documents sent to me by the U.S.
Army Corps of Engineers.
Sincerely,
CUNNINGHAM, D MOND, PETERSEN & SMITH, L.L.P.
Marsh Smith
MS/ka
Enclosures
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO December 18, 1996
ATTENTION OF
Office of Counsel (25-55a)
Mr. Marsh Smith
Cunningham, Dedmond, Petersen & Smith
Attorneys and Counselors at Law
225 North Bennett Street
Southern Pines, North Carolina 28387
Re: Freedom of Information Act Request No. 97-25
Dear Mr. Smith:
This is in response to your letter dated December 10, 1996, addressed to
Mr. G. Wayne Wright, U.S. Army Corps of Engineers, PO Box 1890, Wilmington, NC
28402, which was received in this office on December 16, 1996. You requested
access to, and copies of site evaluation(s) submitted on behalf of James M.
Massey for a swine operation in the vicinty of Highway 13 in Sampson County,
as well as any other documents in our possession relating to Mr. Massey's
proposed operation. You also requested a fee waiver.
Enclosed are copies of our Regulatory Branch's file materials on J. M.
Massey, Action ID. 199602513.
Since providing this information did not exceed our minimum reimbursable
costs, there is no charge.
Sincerely,

M. Brooke Lamson
Freedom of Information Act Officer
Enclosures
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
November 13, 1996
IN REPLY REFER M
Regulatory Branch
ACTION ID. 199602513
Mr. J. M. Massey
689 Charles Massey Road
Mt. Olive, North Carolina 28365
Dear Mr. Massey:
Please reference our November 1, 1996, meeting on your property located on
the north side of NC Highway 13, approximately 3 miles east of Newton Grove,
Sampson County, North Carolina. The purpose of this meeting was to inspect
your recently constructed farm road to ensure it complies with best management
practices (BMPs), including the requirement that the exempt activity not
impair the flow or circulation of waters of the United States.
With the exception of the small outlet under the southern-most ditch plug,
the road has been built in accordance with the above referenced BMPs. During
this meeting you agreed to backfill a portion of the borrow ditch on both
sides of the plug to prevent any further, unintentional drainage of waters and
wetlands of the United States. This work should be completed within 10 days
of your receipt of this letter.
During this meeting you also requested guidance concerning the maintenance
of drainage ditches on the property. Although the maintenance of existing,
functioning drainage ditches is exempt from our regulations, the two areas we
examined during this meeting do not contain functioning drainage ditches and
therefore, any excavation in these wetland areas will require Department of
the Army (DA) permit authorization.
Finally, we are encouraged that you have elected to complete and survey the
wetland/upland boundary on the property that was completed by your consultant,
Gary Mitchell. This will greatly facilitate future planning on this site,
will aid in preventing any unintentional encroachment into waters and
wetlands, and will be essential to any DA permit application you may submit.
When the survey is complete, please remit to the above address for final
approval.
-2-
Your cooperation with our regulatory program is appreciated. Questions or
comments may be addressed to me in the Wilmington Regulatory Field Office at
[phone].
Sincerely,
Scott McLendon
Regulatory Project Manager
Copies Furnished:
Mr. John Dorney
Division of Water Quality
orth Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
Mr. Gary Mitchell
Mitchell and Associates, Inc.
128 North Harding Street
Greenville, North Carolina 27858
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CESAW-CO-EL
MEMORANDUM FOR FILE
9 December 1996
SUBJECT: James M. Massey, AID 96-2513
Summary of Site Inspection on 5 December 1996
1. On 5 December 1996 Mike Taylor and the undersigned met with Mr. Gary
Mitchell, Mitchell & Associates environmental consultants, on Mr.
Massey s property east of Newton Grove and north of US Highway 13 in
Sampson County. The purpose of the visit was to inspect ongoing and
completed work associated with the construction of an exempt farm road
and to investigate allegations of illegal activities on the Massey
property by adjacent property owners. There is much local opposition to
the construction of the proposed hog farm at the site.
2. The attached map (Exhibit A) identifies 7 sites of importance along
the approximately 1200-foot farm road. The following is a summary of
observations made in those areas:
a. Site 1 - new drainage ditch. An unauthorized approximately
200-foot long drainage ditch has been excavated below the power line at
the high ground-wetland interface. This ditch connects to the road
borrow ditch which, in turn, is connected to outside waters at the NCDOT
ditch adjacent the highway. The location of the unmapped wetland area
has been roughly sketched on Exhibit A. Mr. Mitchell has identified
this area as wet and has had it surveyed. The Corps has not verified
any wetland line on this property to date.
I advised Mr. Mitchell that a C&D will be sent to Mr. Massey
directing that the entire new ditch be filled in to original elevation.
Furthermore, the section of the farm road borrow ditch excavated through
this wetland area must be plugged at the high ground-wetland interface
on the south to prevent further drainage. Alternatively, and provided
the plug is placed in the borrow ditch on the east side, Mr. Massey may
remove the road culvert under the powerline and extend the borrow ditch
on the west side of the road through high ground to the highway.
b. Site 2 - earthern plug repair. During Scott McLendon s 1
November 1996 site visit, he noted a hole in the earthern plug at this
location was allowing drainage of wetlands. He requested that Mr.
Massey plug this hole. It was observed that the hole had been plugged
and drainage had stopped.
c. Site 3 and Site 4 - culverts are to be placed through the new
road at these approximate locations to allow lateral surface flows of
wetland hydrology. The road was still under construction this date and
culverts were not in place. However, a breach through the road fill to
allow lateral flow was present at culvert Site 3. No culvert or breach
was present at Site 4. It was noted that a 2-foot cut running
lengthwise through the earthen plug in the borrow ditch at Site 4 was
allowing flow from north to south in the ditch. This did not present a
drainage problem due to the plug located at Site 2.
d. Site 5 and Site 6. The ditch profile in this approximately
300 foot long portion of the road borrow ditch indicated that wetlands
have been excavated. Mr. Mitchell had not mapped this area as wet. He
did instruct his delineator to re-visit the site for this purpose in
anticipation of our verification of the surveyed wetland line. (NOTE:
Exhibit A gives a very rough approximation of the location of wetlands
on the Massey property and does not have scaled accuracy.)
e. Site 7 - plug has been placed in ditch on adjacent property.
This prevents drainage off site of Massey property.
3. Mr. Mitchell advised that Mr. Massey needs more property to satisfy
state requirements for hog farms. Because of this, Mr. Massey has
purchased some adjacent land from his father. This acreage is west of
the new road and borrow ditch. Mr. Mitchell is currently delineating
the wetlands in this area which will be included in his request for our
verification of the line.
4. Upon termination of the meeting Mike and I met with Mr. Marvin
Holland and Mr. John Harris, local property owners
. We briefed these gentlemen on our findings and explained the Corps
role in regulating wetlands, especially from a hog farm perspective.
Mr. Harris was adament that the Corps has the authority to stop
development of the hog farm and that if it was constructed, he would
tell everyone it was the Corps fault. Mr. Holland seemed to understand
our position more objectively.
5. At this writing, we are awaiting Mr. Mitchell s call to verify the
surveyed wetland delineation. A C&D will be issued for the unauthorized
construction of the drainage ditch under the powerline and for
corrective measures to prevent the road borrow ditch from further
draining wetlands at that location.
Ernest Jahnke
Wilmington Field Office
Manager
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November 4, 1996
TO: Mike Taylor/Ee and File 199602513
FROM: Scott McLen
RE: Compliance inspec ion
On November 1, 1996 I met with J. Massey at his proposed hog operation in Newton Grove, in
Sampson County. The purpose of the visit was to inspect the access road to the operation to see
if it was constructed in compliance with the BMP's. I discussed at length the 404 program,
exemptions, permits, jurisdictional determinations, etc, with J. Massey during the site visit.
The road was typical of a borrow constructed road with a "v" ditch on one side with sidecast
spoil to be bladed down to form the road. The road and ditch crosses two wetland areas
approximately 400' long. The borrow ditch eventually empties into a roadside ditch at NC
Highway 13.
J. Massey did leave a natural plug in highground to prevent the flow of water from the wetland
area from the site. However, I did observe a small (5"-6") hole in the bottom of the plug that
was actively draining a fair amount of water from wetlands. I requested that J. Massey plug the
hole as soon as possible. He agreed to do so.
J. Massey also requested information concerning ditch maintenance on the site showing me two
locations where he would like to do the maintenance. Absolutely no evidence of a former ditch
was observed at either of the two locations and I informed J. Massey that to excavate the ditch
would require a permit. He said he understood and would engage the services of Gary Mitchell
to help him through the process.
If ditch is plugged, the road will be in compliance with the BMP's. However, I recommend that
the site be looked at again as the operation expands as J. Massey was unsure as to whether the
site would support the hog operation entirely on high ground and because of his stated need to
have additional drainage on the site..
It should be noted that the neighbors are extremely upset that the operation is going in as planned
and would like very much to force the 404 issue.
November 13, 1996
Regulatory Branch
ACTION ID. 199602513
Mr. J. M. Massey
689 Charles Massey Road
Mt. Olive, North Carolina 28365
Dear Mr. Massey:
Please reference our November 1, 1996, meeting on your property located on
the north side of NC Highway 13, approximately 3 miles east of Newton Grove,
Sampson County, North Carolina. The purpose of this meeting was to inspect
your recently constructed farm road to ensure it complies with best management
practices (BMPs), including the requirement that the exempt activity not
impair the flow or circulation of waters of the United States.
With the exception of the small outlet under the southern-most ditch plug,
the road has been built in accordance with the above referenced BMPs. During
this meeting you agreed to backfill a portion of the borrow ditch on both
sides of the plug to prevent any further, unintentional drainage of waters and
wetlands of the United States. This work should be completed within 10 days
of your receipt of this letter.
During this meeting you also requested guidance concerning the maintenance
of drainage ditches on the property. Although the maintenance of existing,
functioning drainage ditches is exempt from our regulations, the two areas we
examined during this meeting do not contain functioning drainage ditches and
therefore, any excavation in these wetland areas will require Department of
the Army (DA) permit authorization.
Finally, we are encouraged that you have elected to complete and survey the
wetland/upland boundary on the property that was completed by your consultant,
Gary Mitchell. This will greatly facilitate future planning on this site,
will aid in preventing any unintentional encroachment into waters and
wetlands, and will be essential to any DA permit application you may submit.
When the survey is complete, please remit to the above address for final
approval.
-2-
Your cooperation with our regulatory program is appreciated. Questions or
comments may be addressed to me in the Wilmington Regulatory Field office at
[phone].
Sincerely, FILE NAME:82*.ltr
CESAW-CO-RL/N/rs/s
MAIL // / y CESAW-CO-R/FILE
Scott McLendon
Regulatory Project Manager
Copies Furnished:
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27611-7687
Mr. Gary Mitchell
Mitchell and Associates, Inc.
128 North Harding Street
Greenville, North Carolina 27858
BCF: CESAW-CO-RL/Taylor
October 29, 1996
TO: M. Taylor/ E. Jahnke/File
FROM: Scott McLendon
RE: 199602513, James Massey
I spoke at length with Ken Averitte concerning Mr. Massey's hog operation in Sampson County.
Matt Flint has been on-site, and I spoke with him as well. Apparently the neighbors want
nothing to do with the proposed hog operation and are banking on wetlands to make a case. A
surveyed map is apparently being prepared and Gary Mitchell has said we will be getting a copy
when it is complete. He has also stated that the farm road was built with strict adherance to the
BMP's as stated in his letter.
Ken Averitte has stated that the site appears to be a mess and that possibly landclearing in
wetlands to construct hog houses has occured. It may be much ado about nothing but I have
relied on Ken Averitte in the past to keep me informed of activities that we are not aware of. It
would be worth a compliance inspection, just in case we are asked what is going on.
Just thought you would like to know.
o zq?R6
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Mitchell and Associates, Inc.
128 N. Harding Street • Greenville, North Carolina 27858 • 919 - 752 - 4077 • Fax 919 - 752- 7380
RECEIVE©
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Wilmington District Engineer REGULATO
U.S. Army Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402
Dear District Engineer,
The purpose of this correspondence is for Mitchell & -Associates, Inc.,
representing Mr. J.M. Massey, to notify you of his proposed plans to
construct a farm road on his property, located off of Hwy 13, near the
Sampson-Wayne County line, Newton Grove, Sampson County, North
Carolina.
The purpose of the proposed farm road is to facilitate access to Mr.
Massey's highground property for the continuation of normal farming
activities, and meets the exemption(s) identified in 33 CFR 323.4
(Discharges not requiring permits) of the Federal Register. The proposed
farm road will be approximately 1200 feet long, of which approximately 550
feet will be constructed through Department of the Army jurisdictional
wetlands.
The proposed farm road will be constructed in strict accordance with
farm road best management practices to assure that (1) flow and circulation
patterns, and chemical and biological characteristics of waters of the United
States are not impaired; (2) that the reach of the waters of the United States
is not reduced; and (3) that any adverse effect on the aquatic environment is
minimized. In addition, the farm road's width will be minimized to include a
top width of 15 feet; culverts will be installed at all appropriate locations; fill
material will be obtained from a highground site, and all fill material will be
immediately stabilized to prevent any erosion into adjacent wetlands.
I have provided a copy of this information to the District
Conservationist, N.RC.S., Sampson County, for their files and concurrence.
Thank you for your time and prompt attention to this matter.
-1-1
Clr ?
Gary A. Mitchell
President
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Mitchell and Associates, Inc.
128 N. Harding Street • Greenville, North Car6rwa 27858 • 919 - 752 - 4077 0 Fax 919 - 752- 7380
October 5, 1995
Mr. J.M. Massey
689 Charles Massey Rd.
Mt. Olive, North Carolina 28365
Dear Mr. Massey,
RECEIVED
OCT 1 o X995
REGULATORY BWjCH
This letter is in reference to the parcel of land located off of Hwy 13,
near the Wayne-Sampson County line, Newton Grove, Sampson County,
North Carolina, and'our October 3, 1995 meeting with U.S. Army Corps of
Engineers representative Mr. Matt Flint. Mr. Flint concurred with our '
findings, and suggested that the lines be extended and surveyed for Corps final
approval, which will include a signed map, good for five years.
As you know, we extended the wetland boundary flags to the property
line that was recently cut. In the process of doing so; :another upland island
was. discovered between the "A" and "D" lines (see enclosed filed. sketch):: We
encountered problems again, however, in determuung the property-line
boundary along the uncut section. The new "Z" line was flagged to a concrete.
monument that was discovered in the area, and we assume to be representative
of the property line.
Again, thank you for allowing us to help with your project expansion. I
Look forward to working with you in the future, and if you have any questions
or comments, please feel free to call.
Sincerely, ,
Gary A Mitchell
President, Mitchell & Associates.
cc:Mr. Matt Flint
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Mitchell and Associates, Inc.
128 N. Harding Street • Greenville, North Carolina 27858 • 919 - 752 - 4077 • Fax: 919 - 752- 7380
October 5, 1995
Mr. J.M. Massey
689 Charles Massey Rd.
Mt. Olive, North Carolina 28365
Dear Mr. Massey,

OCT 1 0 M5
REGULATORY 6ROCt4
This letter is in reference to the parcel of land located off of Hwy 13,
near the Wayne-Sampson County line, Newton Grove, Sampson County,
North Carolina, and our October 3, 1995 meeting with U.S. Army Corps of
Engineers representative Mr. Matt Flint. Mr. Flint concurred with our
findings, and suggested that the lines be extended and surveyed for Corps final
approval, which will include a signed map, good for five years.
As you know, we extended the wetland boundary flags to the property
line that was recently cut. In the process of doing so, another upland island
was discovered between the "A" and "D" lines (see enclosed filed sketch). We
encountered problems again, however, in determining the property-line
boundary along the uncut section. The new "Z" line was flagged to a concrete
monument that was discovered in the area, and we assume to be representative
of the property line.
Again, thank you for allowing us to help with your project expansion. 1
look forward to working with you in the future, and if you have any questions
or comments, please feel free to call.
Sincerely, .
Gary A Mitchell
President, Mitchell & -Associates.
cc:Mr. Matt Flint
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DATA FORM
ROUTINE WETLAND DETERMINATION
0 987 COE Wetlands Delineation Manual)
VEGETATION
Dominant Plent Spode$ Strewn Indicator
1. PINUS S-_ Dominant Merit $Deaies Stratum Indicator
9. V1125 9.IJr1AQ, _ FAC,
Z 10.2r-er Hum
3. 11.
WI iwr,J M_ E
4.
12 r" M :r- _r
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A A'(? ?,T F?
13,
a. 14.
7. is.
a. y G is.

Percent of Dominant Speciei that are 09L. FACW or FAC
(excluding FAC-).
Remarks:
HYDROLOGY
Date Mesoribe in Remsfks): Wetland Hydrology Indi cators:
Stream. Lake. or Tide Gouge Primary Indicators:
Aerial Photographs Inundated
Other Saturated in Upper 12 Inches
ded Date Avsilabls Water Marks
Drift Lines
Sediment Deposits
tions:
F Drainage Panama in Wetlands
eoo sry Indicators is or more required):
urface Water. On.) Otdbsd Root Channels in Upper 12 Inches
Weter-Stsined Leaves
ee Water in Plr. an.)
opth Local Soil Survey Data
FAC-Neutral Test
aturated Soil: on.) Other McpWn in Remarks)
Remarks:
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: - Date:
Applicant/Owner: County:
Investigator: State:
Do Normal Circumstances exist on the site? Yes No Community ID:
is the site significantly disturbed (Atypical Situation)? Yes No Transact ID: r:>_
Is the area a potential Problem Areal Yes No Plot 10:
(If needed, explain on reverse.)
T ^&I
GVG??I W..
Dominant Plant Species _ Stratum Indicator
1.??n? .t S T1?.1=D? .?. }?
z.Q[' rt?L 'D1 ?IG3i-1.r AKA
3.1
S. _E
8 I- ,/
M^
I?Q D_A?
8.
Percent of Dominant Speciei that are OBL. FACW or FAC
(excluding FAC-).
Remarks:
Dominant Plant Species Stratum Indicator
9,M
10. Q -
,1..y.jnnnkA[A>?!A --E _ FACI?
12. Aer nA.TA,
13.SAit11 I _AAZ"AA cl&-
16
HYDROLOGY
Recorded Data (Describe in Remarks): Wedand Hydrology Indicators:
_
Stream, Lake, or Tide Gauge Primary Indicators:
_
Aerial Photographs
_
_ Inundated

Saturated in Upper 12 Inches
_ Other
V No Recorded Data Available _
y'^later Marks
Drift Lines
_ Se invent Deposits
reinage Patterns in Wetlands
Field Observations: Secondary I stop (2 or more required):
)
(in ed Root Channels in Upper 12 Inches
.
Depth of Surface Water: ?-- ater-Stained Leaves
I
i Local Soil Survey Data
(
n i
Depth to Free Water in Pit: ----?+-` _
FAC-Neutral Test
(in
) _
_ Other (Explain in Remarks)
.
Depth to Saturated Sail: _-
Remarks:
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 0 Fax: 919 - 752- 7380
December 18, 1996 RECEIVED
Mr. John Dorney DEC 2 019%
Water Quality Management E NV IRON ME N TA L SO IE NOES
N.C. Division of Environmental Management
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
The purpose of this correspondence is for Mitchell & -Associates, Inc.,
representing Mr. J.M. Massey, to submit a Department of the Army
Nationwide permit application for placement of fill material within
approximately 0.96 acres of Section 404 wetlands on Mr. Massey's property,
located off N.C. Highway 13, near the Sampson-Wayne County Line,
Newton Grove, Sampson County, North Carolina.
The purpose of the proposed fill in wetlands is to facilitate the construction a
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.
Sincerely, /
t
Gary A. Mitchell
President, Mitchell & Associates, Inc.

OEM ID: 5 7 CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE-NATIONWIDE PERMIT #): 26
PRE-CONSTRUCTION NOTIFICATION APPLICATION =-
FOR NATIONWIDE PERMITS THAT REQUIRE:
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1) NOTIrzCATION TO =z CORES of ENaINEERB
2) APPLICATION MR SECTION 40L CZ'ATMCATION
3) coo=nthTZoN BITS TSz Nc DmsloN or coAsTAL D 1T

SEND TSE ORIGINAL AND (1) COPY Or THIS COMPLETED FORM TO THE APPROPRIATE e?.
FIELD OFFICE Or THE CORPS Or ENGnMERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME:
J.M. Massey
2. MAILING ADDRESS:
689 Charles Massey Rd.
SUBDIVISION NAME:
CITY: Mount Olive STATE: N.C. ZIP CODE: 28365
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE) : North of NC HWY 13, appx. 3 miles east of
Newton Grove, NC.
3. TELEPHONE NUMBER (HOME): See Agent (WORK):
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Mii-rhal1 F. Ac-,nriatps . Tnr_
128 N. Harding St.
Greenville,,NC 27858 [phone]
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Sampson NEAREST TOWN OR CITY: Newton Grove

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SPECIFIC LOCATION (INCLUDE ROAD
(UMBERS, LANDMARKS, ETC.) . `4?
North side of N.C. Hwy 13, approximately 3 miles east of the town
of Newton Grove, Sampson County, N.C.
a. .
?. IMPACTED OR NEAREST STREAM/RIVER: Unnamed Tributary of Beaver Dam Creek
RIVER BASIN: Neuse :.
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3. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER >>
SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
;UPPLY (WS-I OR WS-TI)? YES [ ] NO [X] IF YES, EXPLAIN: N/A
b- IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
,.MAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC) ? YES ( ] NO D( ]
::. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
1ST OF COASTAL COUNTIES.) ,\ WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
No Rural/Residential
ia. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
'HIS PROPERTY? YES ( ] NO (X] IF YES, PROVIDE ACTION I.D. NUMBER OF
?REVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
:?RTIFICATION): N/A
;b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE <
:71TU'RE? YES [ j NO (X] IF YES, DESCRIBE ANTICIPATED WORK:
N/A
)a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 50.99
3b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: I
21.18
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ow 1 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
BILLING: 0.96 EXCAVATION: N/A
FLOODING: N/A
N/A
OTHER:
DRAINAGE: N/A

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TOTAL ACRES TO BE IMPACTED: 0.96
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION) :
LENGTH BEFORE: N/A E"T AFTER: N/A FT
1,nMTH BEFORE (based on normal high water contours) : N/A FT
'.WIDTH AFTER: N/A FT
AVERAGE DEPTH BEFORE: N/A FT AFTER: N/A FT
(14) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: N/A PLACEMENT OF PIPE IN CHANNEL: N/A
CHANNEL EXCAVATION: N/.A CONSTRUCTION OF A. DAM/FLOODING: N/A
OTHER: N/A
11. IF CONSTRUCTION OF A POND IS
WATERSHED DRAINING TO THE POND?
PROPOSED, WHAT IS THE SIZE OF THE
N/A
WHAT IS THE EXPECTED POND SURFACE AREA?
N/A
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY): Construction of building pad with clean earthen fill
material by bulldozers to facilitate development of livestock facility.
All work will be implemeted from upland side.
13. PURPOSE OF PROPOSED WORK: Facilitate construction of livestock
facility.

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14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS).
.'p Y Minimum setback requirements and required spary field area preclude•?•,•
locating facility entirely in uplnds.
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15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF 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. DATE
CONTACTED: 12/18/96 (ATTACH RESPONSES
FROM THESE AGENCIES.)
10. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHI2H18
96 E AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: / 6
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES H NO M (IF NO, GO TO 18)
A. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES ( J NO pJ
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES ( J NO ( J N/A
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION MOM THE
STATE CLEARINGHOUSE TO DM3ION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
4

L3. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:,
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MOST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUD4 ALL RATA
SHEETS RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.On file w/USACOE
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Siyic-ul tura,/Agri.`ii t.i=re
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
Lagoon/spray fields
N
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MAMA MiT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TVMPTY COASTAL COUNTIES CNLY) , A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
OWNER'S/AGENT'S SIGNATURE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (189.))

DATE
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