19940888 Ver 1_COMPLETE FILE_19940922

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. T. B. Pate
8632 Glory Road
Zebulon, N.C. 27597
Dear Mr. Pate:
?EHNF1
October 20, 1994
Wake County
DEM Project # 94888
FILE C?,i ;
You have our approval to place fill material in 0.66 acres of wetlands or waters for the purpose
of pond construction at SR 2333 and SR 2331, as you described in your application dated 22
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. 276 1 1-7447. 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.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Dorncy
Central Files
Tom Hill: Wake Soil and Water Conservation District
94888.1tr
P.O, Box 29535, Rdeigh, North Corolina 27626-0535 Telephone [phone] FAX [phone]
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Y North Carolina Wildlife Resources Commission
512 N. S, lihshury '-)'trcrt, Nurt1, (-;arohn i 27011, 919-73 3= 1 i?)1
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MEMORANDUM
TO: John Dorney, Water Quality Planning
Dept. of Environment, Health, & Natural Resource;
FROM: T. Wayne Jones, D--O Fisheries Biologif:;t
DATE: October 6, 1994
SUBJECT: Nationwide 401 Permit_ for D. E. M. ID No. 94888
T. B. Pate Farms Inc.
Biologist with the North Carolina Wildlife Resources
Commission have reviewed the subject application. A visit was
made to the proposed site on October 5, 19`74. We are familiar
with the habitat. valuers of the project area; and our comments are,
provided in accordance with, provisions of the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 1E, U. S. C. (7.61-667d).
The proposed project involves excavation of an existing pond
to provide irrigation water for cropland. Appro>ti.mately 0. 6E,
acres of wetlands will be involved i_n thi-;-. project.
We have no objection to this project as written plovi.d(-.?d
that an approved erosion and ?edirnent control plan are in place,
and that re-vegetation begin as soon as the construction phase io
completed. Any wetland, areas disturbed during construction
which fall outside the excavated area should he returned to their
original soils and contour.:. Plant communities should be re-
establiched which would re€,ult in plant cornrnur,ity succession into
habitat of equal or greater value than that which will be
destroyed.
Thant: you for the opportunity to provide input in the early
stages of this project. If we car, be of further acLir_,tance
please contact me at. (7!19) 440-5 t6.
cc: Mike Scruggs, District ' Wildlife Biologist
Owen Anderzcor,, P.i.edrnont Region Coordinator, HCP

Ware Soil and Water Conservation District
Agricultural Services Building
1001 Carya Drive, Suite D • Raleigh, North Carolina 27610 • [phone]
REQUEST FOR SECTION 401 WATER
PERMIT
THURMAN B. PATE FARM
(T.B. PATE AND SON, INC.)
o j f1
2
Thurman Pate contacted our office on 8/22/94 regarding a. pond ..
he was considering building. He recently purchased a tract adjoinin
property he already owned. I met Mr. Pate on the farm on 8/23/94 Por
an investigation and evaluation on the pond site. We discussed the
alternatives of an embankment vs. an excavated pond. The site is not
conducive toward an embankment due to very limited slope
(approximately 1%). Mr. Pate decided to dig an excavated pond in this
area with the approximate dimensions of 300 ft. by 90 ft.
The soils map indicated hydric soil types Wehadkee/Bibb (Wo) and
Worsham (Wy). Richard Brooks, Regional Soil Specialist with the
Division of Soil and Water Conservation, delineated the hydrics on
August 29, 1994. See attached soils map and ASCS map for
approximate hydric soils boundary (due to scale of the map).
Amy Ohlberg with the Corps of Engineers was contacted on
8/29/94. She indicated that the area in question fell outside of the
headwaters area and would disturb less than 1 acre of wetland therefore
a National 26 permit would be granted. She documented this in her field
book/travel log on 8/29/94. Amy indicated that the area may require a
Section 401 permit, however and suggested that the State Division of
Environmental Management Water Quality Section be contacted.
I contacted the Water Quality Section on 8/29/94 and spoke with
Eric Galamb. He sent me the 401 permit notification form. I contacted
the U.S. Fish and Wildlife Service on 9/ 1 /94 and spoke with David Derr.
I spoke with a representative of the State Historic Preservation Office on
the same date. Mr. Pate signed the 401 permit form on 9/4/94.
Mr. Pate plans to begin construction immediately. He plans to
have it finished within six months (including vegetation and
stabilization)). He is in need of irrigation water for his tobacco crop
consisting of 40,971 lbs. (17.91 acres) on this tract. He has allotments
totalling 26.25 acres. He currently has an embankment pond
(approximately .75 ac.) on this property but it has not fulfilled his needs
for irrigation water during the last two growing seasons. The additional
acreage outside of the wetland area will be pasture for his beef cows.
This will be approximately 5 acres.
The wetland area in question was cut for timber by the previous
owner prior to his selling the tract to Mr. Pate. There was a buffer left of
approximately 10 feet either side of th ontinuously running stream-(an
unnamed tributary of the Little River). T' e is i smalI_fIbw run i?g
throughout the year on this small branch. There are two old ditches
running from the upland area into the wetland. These ditches appear to
be >25 years old judging from the growth of the vegetation (trees) around
them. The only wetland areas to be converted will consist of the pool
area of the excavated pond and a very small incidental area directly
adjacent to it for construction equipment maneuvering. Some spoils will
be left directly adjacent to the excavated area and any additional will be
moved upland to the pasture area.
Mr. Pate is a conservation oriented farmer. He has had
conservation practices on his farm since he has owned it. Currently he
has grassed waterways, sod-based rotation, no-till, and field borders on
his farm. He has always called and asked for assistance when necessary
and has wanted to comply with any and all regulations.
Thanks for your time in reviewing this plan and please feel free to
call if any questions arise. I can be reached at 250-1059.
Tom Hill
Natural Resource Conservationist
Wake Soil and Water Conservation District
Raleigh Field Office
DEM ID: AC ION ID: .
Nationwide Permit Requested (Provide Nationwide Permit #): "WMA9 d Aw # 6
JOINT FORM FOR cow Iq _ 645fAb w 25 -
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
ATM: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNENG
DIVISION OF ENVIRONMENTAL MANAGEMEN r
NC DEPARTMENT OF ENVIRONMENT, HEAL'T'H,
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone (919) 733-OW -- JJSG
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: ATC
2. Owners Address:
I
3. Owners Phone Number (Home): M1 ) 261- 1267 (Work): LI/V R71- RIS
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: WAW (wr`/
Nearest Town or City: ;?aULW Inb4Y,EF ajo
Specific Location (Include road numbers, landmarks, etc.): S.R- 2333 APPA.oxUrlJ4hu-4 &Z5 DALES oor or-
-1 A E S.R. 2333 w Sk 1331 ,wrJr gcr.
6. Name of Closest Stream/River: 01SA t;0 '11140111 &L LrrLg 6L
7. River Basin:
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, c
9. Have any Section x}04 permits been previously requested for use on this property?
If yes, explain.
II? YES N NO [ ]
YES[] NOW
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
AJ?PA.O Y 1JW41TL`I D.75?c, - 1, Do r4G•
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: ?.DD
Drained: 0. 0o
Flooded:
Excavated:

Total Impacted: 0.19 (WhOXJAW -

E . ,
_.rnn.mo.i, wr ogwm%,w6i Vn=
HIGHLY ERODIB,LE.LAND CONSERVATION (HELC) AND WETLAND
CONSERVATION MC) CERTIFICATION
1. Name of Producer ` 2. Identl}Icatlon Number 3. Crop Year
r

4.- Do the 'attached AD-1026A(s) 'llsf
ll
f
i YES NO
a
your
arm
ng interests by county, and show current
n (SCS determinations? : "No"; contact our County ASCS Office before coin letrn this form.
S, Are you now applying for,
or do you have a FmHA
insured or guaranteed loan?
,
, v
Do you, have a crop insurattce:cgntract issued.or,reinsured by the Federal Crop
Insurance Corporation?

. - re you a landlord -on any arm listed on that will not in compliance with
L
a
C
ria WC provisions?
1i- Has -a -HELC- exemption been -approved -on-,.any -farms listed on AD-1026A - because - the
landlord refuses to comply? `
List ere or attar a list o affiliated persons with arm ng nterests. See reverse or an ,; -.-,..,;
explanation, Enter "None", ('applicable.
-----------------

01
IT Items .7 or 8 are answered "YE8", circle the applicable farm number on AD-1026A,
-
During either the crop year entered in item 3 above, or the term of a requested USDA loan:_
10. Will you plant or produce an a
ricultural commodit
on l
d f
hi
h
hl
hi
r
di
l YES No
g
y
an
or w
c
a
g
y e
o
b
e,,
land determination has riot been mad
11. Will you plant or produce an agricultural commodity on any land that is or was a wet area"
on which planting was made possible by draining, dredging, filling, or leveling or any other,
means after December 23, 1985?
12. Will you, or have you since November 28, 1990, made possible the planting of any crop, _
pasture, agricultural commodity, or other such crop by; (a) converting any wet areas by
draining, dredging, filling, leveling, or any other means, or, (b) improving, modifying, or
maintaining; an existing drainage system?--,-- - - -• - -- -
, - -
f
13. Will you convert any wet areas for fish production, trees, vineyards, shrubs, building
construction, or other, non-agricultural. use?

If ensWert to Items. ",Yi8"'for any one of these Items, sign and date In item 14, below, Circle the applicable tract*
number on AD-1026A, or list tract number In Item:12 on AD-1026Ar ASCS will refer this AD=1026
10,`1.1,12, or 13 ere: to 808 fora determination. DO NOT elgn In Item 1 e until SCS determination Incomplete,
"NO" for all of these Items or SCS daterminatlnna am nnrnnlnfn iv%mnlete [#am , a

I hereby oartlly that the above Informatio , a d I PS Information on attachod AD-1020A's, le true and correct to the beat of my
14. Signature f knowledge and ballet ; bate
Producer ?a
18. Referral To 808 " -En4ir If a SCS dotirminatlon Is needed because Date Referred 8lpnatun of A9C8 R?preeantatlve
(Completed byASCS) "Yee" h snewsred in Item 10, 11, 12, or 13. ? °' `
NOTE: Before sl nin In Item 16 Read AD-1020 Appendix.
I hereby certify that Me pbow Info nnaflon, and the Information on attachod AD-1020A's, to true and correct to he beat of my
knowledge and belief. It le my responsibility to tile. a now AD-1020 In the event there are any changes In my. farming
operation(s). In signing this form, I also certify that I have Halved and will comply with the compliance requirements on
18. Signature f AD-1020 Appendix.
Producer
bate
17,
Remarks:
ORIGINAL - AM COPY
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This of a gat -opded io lg08 as pact of a soil -'-y by th, ;;oh (.o-a-tion S-i-, United Stele:, [)apartment of Agriculture, and the North Carolina Agricultural Experlment Station.
WAKE COUNTY, NORTH CAROLINA NO. 43
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