19970812 Ver 1_Complete File_19971010

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
October 21, 1997
Northampton County
DWQ Pro''ect # 970812
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Thomas Lee Davis
Rural Route 1, Box 75
Seaboard, NC 27876
Dear Mr. Davis:
You have our approval, in accordance with the attached conditions and those listed below, to
fill and excavate in 1.0 acres of wetlands or waters for the purpose of pond construction at Galatia,
as you described in your application dated October 7, 1997. After reviewing your application, we
have decided that this fill is covered by General Water Quality Certification Number 3108. This
certification allows you to use Nationwide Permit Number 26 when it is issued by the Corps of
Engineers. In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Sediment and Erosion Control, Coastal
Stormwater, Non-Discharge and Water Supply Watershed regulations. This approval will expire
when the accompanying 404 or CAMA permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application
except as modified below. 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 and any additional conditions listed below.
1. Deed restrictions, conservation easements or similar mechanisms shall be placed in all lots with
remaining jurisdictional wetlands and waters to restrict future wetland and/or water impact. These
mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404
Permit (whichever is later).
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. 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 Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
in ly,
n Howard, Jr. E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Dorney
Central Files
9708121tr
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/1 096 post consumer paper
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DEM ID: art o s IL 2 ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): Q1 IS , LFL
JOINT FORM FOR
Nationwide permits that require notification to the Corps of
Nationwide permits that require application for Section 401 c
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
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:
2. Owners Address:
3. Owners Phone Number (Home): 5- 8 S-- 16 y 6)
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: /tloe-l d t a7U
Nearest Town or City: r? /p d? 4t-
Spec fe Lpcation (Include road numbers, landmarks, etc.):
6. Name of Closest Stream/River: C6 A- C/a-e,
7. River Basin: Cff, U-)
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO Of
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO ,
If yes, explain.
10. Estimated total number of acres of waters
the U.S., including wetlands, located on project site:
,U
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed
Filled:
Drained:
Flooded:
Excavated: . d
Total Impacted:
12. Description of proposed work
13. Purpose of proposed work:
14. State reasons why the applicant believes that
taken to minimize wetland impacts. ----r-
;o, note measures
w
15. You are required to contact the U.S ish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or 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. Have you done so? YET[ ] NO p?
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [ ] NOW
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM:
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?
F. If applicable, what is proposed method of sewage disposal?
5-8 1/2" X 11" drawings only):
this activity must be carried out in wetlands.
PLAN TO CONVERT WE'T'LANDS FOR NON-AGRICULTURAL USES
(see instructions on reverse side)
t! tt
Date
Contact Person Name IT A "&-Y. /'M 0AV tl Telephone No. _
Contact Person Address ?- / O X 7 Farm No.
?C? Ar<»d( /y f, Tract No. 2-
? ?&'J6 Wetland Acreage _
Present Land Use La? Planned Land Use
Describe the condition of the area that you plan to convert.- __S
Non-Agricultural Purpose (For example: Aquaculture, houses, road, etc.)
LA
'J V
Anticipated date alterations will be complete & plan implemented. ?-t t. g 9
Planned Cover for the A
Explain why it is necessary to alter wetlands for this project (attach additiomd sheet if needed - see uote ou back)
What measures have been taken to avoid or minimize the loss or effect on wetlands
-?? 4:4- 4=3"L
Other Comments (add anything you feel will be important to the approval of this plan)
Plan Approved:
Plan NOT Approved
As submitted
Date M
With Conditions
Conditions for Approval
Signature of District Conservation
Date
Tenus of Approval
1. Thin exemption is valid for a period of three (3) years followiul date of approval by District Couservalionist. If pl:wued
activity is not completed by the date. This exemption is void. Producer may reapply for a new CW\,\.
1. Failore to follow the approvwl plan will cause the area to hmome converted wetland mud a violation of the wedmid
provisions of the 1990 I anu hill.
3. This exemption is for Food `4"irity Act pnrp ses only. Other state and/or Feileral Penuits may be required. The Corps of
Fimi0eerl should be cmtacled prior to Ilg;itudsim Planm9l Activilie.s.
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UNITED STATES DEPARTMENT OF AGRICULTURE
Soil Conservation Service
P.O.Box 218 Jackson, N. C. 27845
Phone: [phone] Date: October 7, 1997
-------------------------------------------------------
9 7 0 81 ?>'
Jean Manuele
U.S. Army Corps of Engineers
Regulatory Field Office
6512 Falls of the Neuse Rd.
Suite 105
Raleigh N.C. 27615
Jean,
0
1,)19
9
Enclosed please find the Converted Wetland for Non-
Agricultural Use (CWNA) plan for Thomas Lee Davis in
Northampton county and a permit application for the wor
I realize that the CWNA plan is contingent upon approva
the permit. This plan is written to specifically addre
the clearing of wetland for Farm Bill purposes. The
attached map shows the proposed pond. I am sending the
required seven copies to John Dorney of Water Quality.
Sincerel ,
l
Tony Short
District Conservationist
copies: John Dorney (7)

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