19940832 Ver 1_COMPLETE FILE_19940907

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
Mr. Matt Hardee
P.O. Box 1576
Elizabethtown, N.C. 28337
Dear Mr. Hardee:
AT." F
ID F= F=1
September 7, 1994
Bladen County
DEM Project # 94832
FILE Cnpy
You have our approval to place fill material in 0.5 acres of wetlands or waters for the
purpose of road crossing at your farm near SR 1761 as you described in your application
dated 7 September 1994. 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 26 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 30 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
Dorney at 919-733-1786.
Sincerely
eston oward, P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DEM Regional Office
Mr. John Dorney
Central Files
94832.1tr
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
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OEM ID: ACTION ID:
NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT #):
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS TEAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS
NATIONWIDE PERMITS TEAT REQUIRE SECTION 401 CERTIFICATION CONCIlRRFJiCE
NATIONWIDE PERMITS TEAT REQUIRZ Z]!<DIVIDUAL sECTION 401 CL'RTIFICATION
WILMINGTON DISTRICT ENGINEER ` 44,01TER QUALITY PLANNING
CORPS OF ENGINEERS n DIVISION OF ENVIRONMB
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIR N , ?`JJ Ii
P.O. BOX 1890 AND NATURAL RESOUR
WILMINGTON, NC 28402-1890 P.O. BOX 29535
ATTN: CESAW-CO-E RALEIGH, NC 27626-053 FP - 7 1994
Telephone [phone] ATTN: HR. JOHN DORNEY
Taltphone (919) 733-50 3 WETLANDS GRDIIP
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD ?E SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE_P41NT.
1. OWNERS NAME:
2. OWNERS ADDRESS:
3. OWNERS PHONE NUMBER ( SOME) : /0 ' S ` 5 (WORK-) : ! /a " 4; T F;?
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
5. LOCATION OF PLANNED WORK (ATTACH HAP). COUNTY:
NEAREST TOWN OR CITY: GliLh?.,p 4?.?r.) -A
S I C
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): _
r R log IJ)4 <,e1, S? LCi? ?.iC?.?..•!n ) - l3lk? else
L-i-M d ..
6. NAME OF CLOSEST STREAM/RIVER:
7. RIVER BASIN: WACC A^A--_3
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 ( ] NO N)
IF YES, EXPLAIN.
10. ESTIMAT°D TOTAL :DUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING
WETLANDS, LOCATED ON PROJECT 5:77: I^I
3/30/42

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11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLED: 0,3
DRAINED: 0. Z.
FLOODED:
EXCAVATED: _
TOTAL 110ACTED :
0.5
12. DESCRx.lrioN OF PROPOSED WORK (ATTACH PLANS) : ?t1 Ac26Ss ?t1e.-?(a ,
"LO-A 1S- ACCOSS I' C,'-(k- 4D' W)OG -rpP 7c-11 ION4
13. PURPOSE OF PROPOSED WORK: rnoe 4cc:ns5 -T-a PARfit -0 il ry p ctcs S
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEAS S TAKEN TO MI IMIZE WETLAND
IMPACTS. c, M ?,? a o 12. t5 ., -E" , u `- t 12o.?c?. o ? ? o
/'OCi.t w., v.te (A 4a..,
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 FLPDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR'THREATZXlW
SPECIES OR CRITICAL HABITAT IN THS PERMIT ARIA TEAT MAY BZ AFFECT=D BY TEZ
PROPOSED PROJECT. HAVE YOU DONE $O? YES [)() KO ( )
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD B= FORWARDED TO CORPS.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OTlICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIZS IN TEE PERMIT AREA WHICH
MAY BE AFFLICTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES ( ) NO (x)
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. ADDITIONAL INFORMATION REQUIRED BY OEM:
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? O D D L A--t ?A S ? r c /IJ A7
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
'T22a?-honl n,J? ?pHN?Nt„-r ?,,hS?ct-.-,
OWNER'S 5
DATE
---~- lIk'.i'I?ll t M1C.ly 1 Ur
AGRICULTURE
r
SERVICE 910 862-6936
WASTE MANAGEMENT FACILITY SITE EVALUATION
GENERAL, INFORMATION
NAME vf)'PA._.
TEI_I:PHONL $? 2 -- l?S 4?C/
LOCATION $?2.I-7/C' ..?ti
SIZE OPERATION ??oC> p--_i6?
LOCATION DATA
DISTANCE FROM NEAREST RESIDENCE. NOT OWNED 131' PRODUCER ?pOl l°
IS SITE WIT111N 100-YEAR FLOOD PLAIN!
If yes, SCS cannot provide assistance.
Y11S NO `)?
IS SITE AT LEAST 100 I-T. FROM A "13L1 it, I-INF." PFiRI:NNIAL
S'TREAM'' YES 1( NU -
If no, site must be relocated.
IS SITE WITHIN I MILE ZONING JURISDICTION OF A
MUNICIPALITY? . YES NO X
If yes, kiadowner should consult with local zoning board about requitepermits.
Permits must be obtained prior to design approval.
ARE UTILITIES IN CONSTRUCTION AREA? YES NO_V.,
If yes, see Part -W of the National Enginm ing Manual and follow po lacy.
(Copies of maps or other reference materials may be attached to site e"duMion.)
WE 1'LANDS
WILL SITE INVOLVE CLEARING WOODLAND OR ANY NON-CROPLAND?
YES__)?_ NO
If yep, producer myst cx>htple+be a Form AD-1026. -%/o P,, « / AA,(-v. 9„ ,_ e i t
WILL ACTION RESULT IN SWAMPBUSTING?
YES NO X
IF WETLANDS ARE INVOLVED, IT IS THE RESPONSIBILITY OF THE PRODUCER TO
CONTACT THE US ARMY CORP OF ENGINEERS AND THE DIVISION OF
ENVIRONMENTAL MANAGEMENT TO DETERMINE IF ADDITIONAL.. PERMITS ARE
REQUIRED. NO WETLANDS SHOULD BE ALTERED UNTIL PRODUCER RECEIVES
WRITTEN APPROVAL FROM SCS, US ARMY CORP OF ENGINEERS AND NC DIVISION OF
ENVIRONMENTAL. MANAGEMENT.
(A copy of AD-1026 and CPA-026 should be attached to site evaluation.)
ODOR CONTROL.
HAS ODOR CONTROL BEEN DISCUSSED WITH PRODUCER .............
.............. PREDOMINANT WIND DIRECTION? YES X NO
.............. POSSIBLE EXPANSION OF TREATMENT VOLUME FROM I CU.FT. UPWARDS
.............. TO 3 CU. FT./LB. OF ANIMAL? YES ), NO
.............. PRECHARGING LAGOON WITH FRESH WATER TO AT LEA 1/2 OF THL
.............. CAPACITY'? YES_L_ NO
.............. USING GOOD SOUND JUDGMENT IN LAND APPLICATION OF
.............. WASTE? YES_L NO`___
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,c ?? Produced by the United States GeaO.91cal Survey,
U:'3.d.A. SCS-CPA-026 1. Name and Address of Person 2. Date of Request
So' nservation Service (June 91)
HPm--Hock Farms 8/2/94
P O Box 1576 3. County
HIGHLY ERODIBLE LAND AND WETLAND E-Town, t?C 28337 Bl.aden
CONSERVATION DETERMINATION
4. Name of USDA Agency or Person Requesting Determination 5. Farm No. and Tract No.
ASCS P,#2629 T#11125
SECTION I - HIGHLY ERODIBLE LAND
FIELD NO.(s) TOTAL ACRES
6. Is soil survey now available for making a highly erodible land determination? Yes "? No ?
units on this farm? Yes ? No
7. Are there highly erodible soil map
_
8. List highly erodible fields that, according to ASCS records, were used to produce an agricultural commodity in any
crop year during 1981-1985.
9. List highly erodible fields that have been or will be converted for the production of agricultural commodities and,
according to ASCS records, were not used for this purpose in any crop year during 1981-1985; and were not
enrolled in a USDA set-aside or diversion program.
10. This Flighty Erodible Land determination was completed in the: Office Field ?
SECTION II - WETLAND
FIELD NO.(s) TOTAL ACRES
11. Are there hydric soils on this farm? Yes No ?
12. Wetlands (W), including abandoned wetlands, or Farmed Wetlands (FW) or Farmed Wetlands Pasture (FWP).
A
Wetlands may be farmed under natural conditions. Farmed Wetlands and Farmed Wetlands Pasture may be t
U
I
farmed and maintained in the same manner as they were prior to December 23, 1985, as long as they are not U N Z
abandoned.
13. Prior Converted Cropland (PC). Wetlands that were converted prior to December 23, 1985. The use, management,
drainage, and alteration of prior converted cropland (PC) are not subject to the wetland conservation provisions unless
the area reverts to wetland as a result of abandonment.
14. Artificial Wetlands (AW). Artificial wetlands includes irrigation-induced wetlands. These wetlands are not subject
to the wetland conservation provisions.
15. Minimal Effect Wetlands (MW). These wetlands are to be farmed according to the minimal-effect agreement signed
at the time the minimal-effect determination was made. -
16. Mitigation Wetlands (MIW). Wetlands on which a person is actively mitigating a frequently cropped area or a wetland
converted between December 23, 1985 and November 28, 1990.
17. Restoration with Violation (RVW-year). A restored wetland that was in violation as a result of conversion after
November 28, 1990, or the planting of an agricultural commodity or forage crop.
18. Restoration without Violation (RSW). A restored wetland converted between December 23, 1985 and
November 28, 1990, on which an agricultural commodity has not been planted.
19. Replacement Wetlands (RPW). Wetlands which are converted for purposes other than to Increase production,
where the wetland values are being replaced at a second site.
20. Good Faith Wetlands (GFW4year). Wetlands on which ASCS has determined a violation to be in good faith and the
wetland has been restored.
21. Converted Wetlands (CW). Wetlands converted after December 23, 1985 and prior to November 28, 1990. In any
year that an agricultural commodity is planted on these Converted Wetlands, you will be ineligible for USDA benefits.
22. Converted Wetland (CW+year). Wetlands converted after November 28, 1990. You will be ineligible for USDA
program benefits until this wetland is restored.
23. Converted Wetland Non-Agricultural use (CWNA). Wetlands that are converted for trees, fish production, shrubs,
cranberries, vineyards or building and road construction.
24. Converted Wetland Technical Error (CWTE). Wetlands that were converted as a result of incorrect determination
by SCS.
25. The planned alteration measures on wetlands in fields are considered maintenance and are in compliance
with FSA.
26. The planned alteration measures on wetlands in fields are not considered to be maintenance and if
installed will cause the area to become a Converted Wetland (CW). See item 22 for information on CW+year.
27. The wetland determination was completed in the office ? field ] and was deliveredDQ mailed? to the person on _(
28. Remarks. C/N'+, -le- L
/e/G?lrl ,poi t. ClfA_R'% tAAC `. )Jr'l(`\1/?n1 O/J 1
'_ (\?.)1.]L\ '?`P'? r' /s '.'?r c-,ry•c?' -t.? •??-n_' Y'\ tJA itt ClP-fq S L, N1<r l ((! r'f l7 .,v .}/10.•
?f rv.?Jf{^-.C. ?/ "leCP$1 Cfic{Si.J<rS,
29. 1 rectify that the above determination is correct and adequate for use it, determining 30. Signature of SCS District Conservationist 31. Date
eligihilinl for USDA program herufits, and that wetland hydrology, hydric soils. and
h0rophVic vegetation under normal circumstances exist on all areas otalined as
W tl r 1"(rrmed Wetla d acrd F rot Wetlands Pasture. Assistance and programs of the Soil Conservation Service available without regard to race, religion, color, sex, age, or handicap.
Person Cony

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