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Home My WebLink About19970146 Ver 1_COMPLETE FILE_19970219State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr:, Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Mr. Johnny Williams 4009 Little Creek Church Rd. Clayton, NC 27520 Dear Mr. Williams: A IF IT4 ZX?F'A C) F= F=1 March 11, 1997 Johnston County WQC 401 Project #970146 You have our approval, in accordance with the attached conditions, to place fill material in 0.29 acres of wetlands or waters for the purpose of developing an irrigation pond at your farm, as you described in your application dated 14 February 1997. 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. If total wetland fills for this project (now or in the future) exceed one acre and also require 404 permits, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). 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. 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 919-733-1786. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office Mr. John Dorney Central Files Kenneth York; NRCS Johnston Co. Sincerely, ston Howard, Jr. 970146.1tr Division of Water Quality - Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer - 50% recycled/10% post consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Mr. Johnny Williams 4009 Little Creek Church Rd. Clayton, NC 27520 Dear Mr. Williams: A ?? ID FE [****J F=?L March 4, 1997 Johnston County WQC 401 Project #970146 You have our approval, in accordance with the attached conditions, to place fill material in 0.29 acres of wetlands or waters for the purpose of developing an irrigation pond at your farm, as you described in your application dated 14 February 1997. 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. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). 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. Also this approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the General Certification. 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. 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 Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786. Sincerely, R ton Howard, Jr. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office Mr. John Dorney Central Files Kenneth York; NRCS Johnston Co. 970146.1tr Division of Water Quality - Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity.Affirmative Action Employer • 50% recycled/100/6 post consumer paper USDA., NATURAL RESOURCES 806 NORTH STREET CONSERVATION SMITHFIELD, NC 27577-9398 SERVICE TELERHONE 919-989-5381 V "r, 40 \0000V?- February 14, 1997 !F RFcz)?F® 7 8 J ?! "'F,yrq?sC?99? FNS John Dorney DEHNR Division of Water Quality P O Box 29535 Raleigh, NC 27626-0535 Dear Mr. Dorney: Johnny Williams of 4009 Little Creek Church Road, Clayton, NC 27520, has submitted a request for Converted Wetlands for Non Agricultural Use to construct an irrigation pond. The pond will be an excavated pond and will affect 0.29 acres of wetlands. There are 2.3 acres of wetlands on the entire tract. Attached is a copy of documentation from the US Army Corps of Engineers stating that construction of irrigation ponds are exempt from Section 404 of the Clean Water Act. Please provide me with a 401 Water Quality Certification or written documentation that this project is exempt from 401 requirements. Your cooperation will be greatly appreciated. This will prevent Mr. Williams from possibly losing his USDA program benefits. Kenneth C. York District Conservationist attachment r ! ' DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF Februarv 12. 1997 Regulatory Branch Subject: Action ID No. 199700338 Mr. Johnny Williams 4009 Little Creek Church Road Clayton, North Carolina 27520 Dear Mr. Williams: F E-33 "i w 7 iY'ET .T a 23 s E;. ?'!'. 50' OP Reference the January 31, 1997, letter to Mrs. Jean B. Manuele of my Raleigh Field Office staff from the Natural Resources Conservation Service (NRCS) regarding the presence of jurisdictional waters of the United States subject to our regulatory authority pursuant to Section 404 of the Clean Water Act (33 USC 1344), and your proposed construction of a farm pond on your property. Specifically, your property consists of 22 acres located on Farm ## 8674, Tract 410537, at the junction of S.R. 1573 and S.R. 1574, approximately 3.5 miles southeast of Clayton, in Johnston County, North Carolina. The site is located adjacent to, and above the headwaters of, Cooper Branch. Based upon the correspondence submitted by Mr. Kenneth York with the NRCS, it is our understanding that your proposed pond (0.27 acre) is of reasonable size for its intended use. Construction of farm or stock ponds is exempt from regulation by Section 404 of the Clean Water Act provided the work does not convert an area of waters of the United States to a use not previously served, and the flow or circulation of waters of the United States is not impaired or the reach of such waters is not reduces. A Department of the Army permit will not be required for construction of your pond provided your work meets these stipulations. This exemption does not relieve you of the responsibility to obtain any other required approvals; therefore, you should contact appropriate State and local agencies before beginning work. -2- If you have questions, contact Mrs. Manuele, telephone (919) 876-8441, Extension 24. Sincerely, S. Kenneth Jolly Manager, Raleigh Regulatory Field Office Copies Furnished: Mr. Kenneth C. York District Conservationist Johnston County Natural Resources Conservation Service 806 North Street Smithfield, North Carolina 271577 Mr. Calvin Genereau Planning Director Johnston County Planning and Inspections Department Post Office Box 1052 Smithfield, North Carolina 27577-4194