19970077 Ver 1_complete file_19970131

State of North Carolina
Department of Environment,
Health and Natural Resources &74 •
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary E H N
A. Preston Howard, Jr., P.E., Director ID F=?L
February 12, 1997
Mr. Richard Braswell
3950 US Hwy 70A
Princeton, NC 27569-7526
Dear Mr. Braswell:
Re: Proposed farm road
COE #199700295
DWQ 401 Project #970077
On 30 January 1997 you wrote the Division of Water Quality (DWQ) regarding your
plan to construct a farm road in 0.29 acres of wetlands on your farm in Johnston County.
Your letter sought approval from DWQ to conduct this land clearing in non-wetlands.
Please be aware that a 401 Water Quality Certification issued by this office is only needed
when there is a 404 Permit issued by the U.S. Army Corps of Engineers which usually
involves clearing and/or filling of wetlands. As long as no wetlands impacts occur or if the
activity is exempt from 404 permitting, written approval by this office is not necessary.
Please call me at 919-733-1786 if you have any questions.
Sincerely,
Jo. Dorney
970077.1tr
cc: Raleigh DWQ Regional Office
Wilmington Corps of Engineers
Kenneth York, Johnston County District Conservationist
Central Files
Division of Water Quality - Environmental Sciences Branch
Enviro. Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Aff irmative Action Employer - 50% recycled/10% post consumer paper
USDA NATURAL RESOURCES 8:06 NORTH STREET
CONSERVATION SMITHFIELD, NC 27577-9998
SERVICE TELEPHONE 949 X89 5 51
g-0077
January 30, 1997
Mr. John Dorney
DEHNR
Division of Water Quality
P O Box 29535
Raleigh, NC 27626-0535
Dear Mr. Dorney:
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Mr. Richard D. Braswell has a Converted Wetlands for Non-
Agricultural Use request to install a farm road on the area
indicated on the attached map.
The road will be approximately 24 feet wide and will affect
0.29 acres of wetlands. The part of the road that runs
parallel to Moccasin Creek is a maintained maintenance
easement from channelization that took place in the early
1960's. This area is vegetated spoil and is not wetland.
Also attached is documentation from the US Army Crops of
Engineers which states that this request is exempt from 404
requirements if constructed according to certain limits.
I need 401 certification or written documentation from your
office stating that this project is exempt. This will prevent
Mr. Braswell from losing any USDA benefits.
If you have any questions, please contact me at 919-989-5381.
Thank you.
Kenneth C. York
District Conservationist
attachment

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: Y01l??ka 00 County: 1T0ff1'1_57yr1
Concurrence Notification for NRCS Jurisdictional Determination
Property Owner/Operator: -6 • 4'?i9s/vE?4-
Address: 3?Sd y5 ffi??w?y 70/9
Telephone Number:" 5'I.9 - ?•? 0 196 6eif 9/9- 96s- 3/3/
Farm Number or Tract: A*0V zV laG?2 r/r dGT 114167
Size and Location of Property (acreage, waterbody, road name/number, town, etc.):
4,0n ,-I Ldt,¢7w 42- nr?.? as 7a I s p alql 3???
?/r?E LIZ f?r?O i4?i?GETd.?. /_;'!"?V ca-7*,W_S ?}?OjD.Pa.ti.N.stTl+rz y dSy
Delineator/NRCS Representative: ??3yit/ETh' c • 1/d?l°?
Indicate which of the following apply:
U/I concur with the wetland determination accomplished for the above described
property. As this determination does not provide information regarding the
specific limits of wetlands on the tract, it is strongly suggested that the wetlands
be delineated, verified, and surveyed prior to any manipulation of the property.
Such mapping would help to avoid any unintentional disturbance of wetlands on the
site, assist in planning, and may be required prior to issuance of any permit.
? I do not concur with the wetland determination accomplished for the above
described property. (Rationale must be provided as an attachment to this form-)
? I concur with the wetland delineation accomplished for the above described
property. It is strongly suggested that the wetlands be surveyed to help avoid any
unintentional disturbance of wetlands, assist in planning, and provide information
which may be required prior to issuance of any permit.
? I do not concur with the wetland delineation accomplished for the above described
property. (Rationale must be provided as an attachment to this form.)
Prior Department of the Army permit authorization will be required, in most cases, for any
discharge of excavated or fill material into waters or wetlands on the above property. A pe..=t is
not required for work restricted entirely to high ground. For project-specific, Department of the
Army permit requirements concerning your proposallI please contact: _
at S V:k? -\z
?a?Ga
Project Manager Signature. Expiration Date:,AA
REVD JAJN "997
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF January 28, 1997
Regulatory Branch
Action ID. 199700295, Farm Road Exemption
Mr. Richard G. Braswell
3950 U.S. Highway 70A
Princeton, North Carolina 27569-7526
Dear Mr. Braswell:
Please reference the letter dated January 21, 1997, to
Mrs. Jean B. Manuele of my staff from the Johnston County Field
Office of the Natural Resources Conservation Service regarding
your proposed construction of a farm road to provide access for a
portion of your farm (Farm # 12622, Tract #4467). Specifically,
your property consists of approximately 150 acres and is located
at the intersection of U.S. Highway 70A and S.R. 2141, between
Pine Level and Princeton, adjacent to, and below the headwaters
of, Moccasin Creek, in Johnston County, North Carolina.
Based upon the information submitted by Mr. Kenneth C. York,
District Conservationist, the primary purpose of the proposed
road is to provide access to property you recently purchased for
agricultural purposes. Per our regulations [33 CFR, Part
323.4(a)(6)], the construction of farm roads is exempt from
Section 404 of the Clean Water Act provided such roads are built
and maintained in accordance with the enclosed Best Management
Practices for farming roads. A Department of the Army permit
will not be required for construction of your proposed road
provided your work meets these stipulations. Please note that to
utilize this exemption, the work cannot convert an area of waters
of the United States into a use to which it was not previously
subject, and the flow or circulation of waters of the United
States cannot be impaired or the reach of these waters reduced.
-2-
The above restrictions would allow your proposed road to be
constructed from borrow ditches located adjacent to the road.
However, these ditches can not be used for the purposes of
providing drainage and therefore should not be connected to other
ditches, creeks, streams, or canals.
If you have any questions, please contact Mrs. Manuele,
Raleigh Regulatory Field Office, telephone [phone],
Extension 24.
Sincerely,
S. Kenneth Jolly
Manager, Raleigh Regulatory
Field Office
Enclosure
Copy Furnished (without enclosure):
Mr. Kenneth C. York
District Conservationist
Johnston County Field Office
Natural Resources Conservation Service
806 North Street
Smithfield, North Carolina 27577-9998
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