19920302 All Versions_Conservation Easements_19940725

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TO:

DATE:
SUBJECT:

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6igned
N.C. Dept. of Environment, Health, and Natural Resourcesk-
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• APPLICANT/PROJECT NAME :
Whit Jones
• DEM #: WQC#: MAP #:
92302 2671 9
• COUNTY:
Duplin
• LOCATION OF MITIGATION SITE (LAT. AND LONG.)
• DIRECTIONS TO MITIGATION SITE:
NC 70E to Goldsboro. Get on NC 1175 to Warsaw Road (cross road) them look on the
left.
• ACREAGE AND TYPE OF WETLAND IMPACTED:
7.00
• ACREAGE AND TYPE OF WETLAND MITIGATED:
10.00
• DESCRIPTION OF MITIGATION(IN FILE):
planting, natural vegetation
• DESCRIPTION OF VEGETATION(IN FILE):
none
• SUCCESS CRITERIA STATED(if any):
none
• WHAT IS THE PROJECT STATUS?(mark one):
RESTORATION ENHANCEMENT, CREATION, PRESERVATION
• MONITORING PLAN:
none
• WHICH REGULATORY AGENCIES ARE INVOLVED?:
DEM, COE, DCM
• TYPE OF DEVELOPMENT(mark the ones that apply):
RURAL, URBAN, PUBLIC, PRIVATE

• DESCRIPTION OF VEGETATION(AT SITE):
• SURFACE WATER LEVEL OBSERVATIONS:
• SURFACE AND GROUNDWATER RELATIONSHIPS:
• HAVE MITIGATION REQUIREMENTS BEEN MET?:
0 DESCRIPTION OF SOIL SAMPLE TAKEN:

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MEMO
TO:
C ! //?,0
DATE:
SUBJECT:
C-7-13)
Ile a/ 10 a 1,7 T_ i3
From:
.K,c STATp as
?° North Carolina Department of Environment,
Health, and Natural Resources e,
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aua
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
RO. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO September 30, 1992
Regulatory Branch
Action ID No. 199201902 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Whit Jones
Route 1, Box 65
Magnolia, North Carolina 28453
Dear Mr. Jones:
Reference your application of May 18, 1992, for Department of the Army
authorization to impact approximately 7 acres of wetlands scattered throughout
two tracts totalling 40 acres, in the drainage area of Elder Creek, off NC 11
near Magnolia, Duplin County, North Carolina.
Your proposal will impact various small, isolated wetlands, most of which
are a result of logging activities. The total of seven acres is a "high side"
estimate, as no actual delineation was done due to the scattered and marginal
nature of the jurisdictional areas. As a mitigating factor for filling these
wetlands, you have proposed restoring wetland parameters to a 10 acre ditched
agriculture field adjacent to Nahunga Creek, off S.R. 1301, east of Warsaw in
duplin County. This is to be accomplished by blocking up ditches to
reestablish wetland hydrology. You have also agreed to plant this area with
wetland species of vegetation and manage the entire tract as a functioning
wetland.
For the purposes of the U. S. Army Corps of Engineers' Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits.
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated
waters.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a section 401 water quality certification from the North Carolina
Division of Environmental Management and, in the coastal area, a consistency
determination from the North Carolina Division of Coastal Management. You
should contact Mr. John Dorney, telephone [phone], regarding water
quality certification, and Mr. Steve Benton, telephone [phone],
regarding consistency determination. This nationwide permit does not relieve
you of the responsibility to obtain other required State or local approval.
This verification will be valid for two years from the date of this letter
unless the nationwide authorization is modified, reissued or revoked. Also,
a i
May 27, 1992 Lem Y,V?r ?GQ. }`n ( C..
To: Regulatory Branch
i Action ID. 199201902
Mr. G. Wayne Wright
Chief, Regulatory Branch
fL?
V,
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Dear Mr. Wright: C- C,
I am a conservationist at heart, and I do think that "true"
wetlands should be preserved. I also think that owners of wetlands
who have constraints on the use of these lands should be
compensated in some way.
I have been an Agricultural Extension Agent for over ten years
now and have worked with soils on a regular basis (with both
farmers and local SCS personnel) , so I do have some knowledge about
soil characteristics.
With all this said and done, I would like to make a proposal.
My Father cleared approximately 10 acres on a tributary of
Nahunga Creek in the late 701s. The predominant soil types are
Lumbee (Lu) and Muckalee (MK), both of which would be considered
"true" wetland soils by most professionals.
The land that I would like to clear is predominately Foreston
(FoA) with small intrusions of Woodington (Wo). Some of the acres
of Woodington would be considered hydric soils, and they will need
to be drained.
Biologically speaking, the soils in, the 10 acres to be
converted back to wetlands would have a much greater value than the
soils that I would like to clear.
The 10 acres to be converted back to wetlands is my Father's
land. He has agreed to let me convert this area back to wetlands
if it would enable me to clear the two tracts of Foreston and
Woodington soils.
My Father has invested $17-$18,000 in clearing the Lumbee and
Muckalee soils, and I will have to compensate him for his loss.
In order to help me compensate my father, I would like to
participate in any cost share program the local Soil Conservation
Service might have to offer. I would also like to have SCS
recommendations (as well as the Army Corps of Engineers) regarding
the best vegetation to establish for wildlife habitat.
- r -- - ---? S , n n yl
jV!t ' Whit Jo,n_es?
` / I
c.. VAR.
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martirl, Governor August 24, 1992 A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary Acting Director
Mr. Whit Jones
Rt. 1, Box 65
Magnolia, NC 28453
Dear Mr. Jones:
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Land Clearing
Duplin County
DEM Project # 92302
Upon review of your request for Water Quality Certification
to place fill material in 7.0 acres of wetlands for land clearing
located at NC 11 and NC 903, in Duplin County, we have determined
that the proposed fill can be covered by General Water Quality
Certification No. 2671 issued January 21, 1992. A copy of the
General Certification is attached. This Certification may be
used in qualifying for coverage under Corps of Engineers'
Nationwide Permit No. 26. Wetland mitigation shall be done on
the 10 acres of land as described in you 27 May 1992 letter to
the Corps of Engineers.
If you have any questions, please contact John Dorney at
919/733-1786 or 919/733-1787.
Sincerely,
?W
A, reston Howard Jr. P.E.
APH:JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Regional Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston -Salem
704/25 1-6 208 919/4 86 -1541 704/663-1699 919/571-4 700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pnys
P.U. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
0 4.
Please type or print. Carefully describe s
ticipated development activities, includi
tion, excavation, filling, paving, land cl
stormwater control. If the requested infc
not relevant to your project, write N/A
plicable). Items 1-4 and 8-9 must be col
all projects.
? 13 6`Z
and
1.*J?.!
i -nrPticArrr --?"R. A Cf- I 1
a. Name W k i + --Zav\P_ 5
City a na ' State N- C-r
Zip t'9Day phone ql
Landowner or Authorized agent
b. Project name (if any)^/V!2\-\e--
c. If the applicant is not the landowner, also give
the owner',sAname and address.
2. LOCATION OF PROPOSED
PROJECT
use of the probe t..
- 4 1992 V • YnCn? i ern .?
- WATER
LANDA ND
CHARACTERISTICS., *?? a. Size of entire tract 14 aLtt Q)
b. Size of individual lot(s) A114- '
c. Elevation of tract above mean sea level or Na-
tional Geodetic Vertical Datum ' " 14 5 McAtr---
d. S it type(s an textures of tract
Q i Vi u5t s-$ lx) n )
e. Vegetations on tract •- - Q1/-r-
tR
f. Man-made fe cures now on tract a?
he u A/K.
g. What is the CAMA d Use Plan Classifica-
tion of the site? (Consult the local land use
plan.)
a. Street address or seco,?dary road number
Ian we.4 nF IV,4. 11. 1UJ 5XJk 0 1-fs
b. City, town, community, or landmark ? L q03 ??tiA, o-V Ktna.t vJ1?on pM I 1
c. County 'Dd. Is proposed work within city limits or planning
jurisdiction? /V©
e. Name of body of wester nearest project
.V_J n- r ?l , r5 ???e 40
3 DESCRIPTION AND PLANNED,
USE OF PROPOSED PROJECT
a. Describe all development activities you propose
(for example, building a home, motel, marina,
bAkhead, or pier). \
??;Ic? ? lt?rn?e_ ??o?-vh h?clrtc.`?•;? ?S 1
? ow (__?1(1?I 7 eee5
f??y + Ve ?1t.? 1 J c ciC?
If you plan to build a marina, also complete
and attach Form DCM-MP-2.
b. Is the proposed activity maintenance of an ex-
isting project, new work, or both? x V\
o-F h -5 nes5
c. Will the project be for community, private, or
commerc}al use?
Conservation - Transitional
Developed Community
t/_ Rural Other
h. Howr is the tract zoned by local government?
/A/O+ 2-vlQr_Q
i. How are adjacent waters classified? _-
j. Has a professional archaeologic?l survey been
carried out for the t?
If so, by whom?
5 UPLAND DEVELOPMMT. --r
Complete this section if the project includes any
upland development.
a. Type and number of buildings, facilities, o?ya\
structures proposed 1-k?u 5 her, l
Q
b. Num er of lots or parcels Mans-s".0
c. Density (Give the numbe of resi ential i
and th5 piT per acrT) ??'
d. Size of area to be graded or
bre.Si
:k ne;
e. If the proposed project will di9turb more than t
one acre of land, the Division of Land
Resources must receive an erosion and sedimen-
tation control plan at least 30 days before land
disturbing activity begins. If applicable, has a
sedimentation and erosion control plan been
?
su t? itted to c}?y e t isinn of Land esour
J?ti?:??merel tvLi,c,e? t??11 he. ?.
f. Give the percentage of the tract within 75 feet
of mean high water to be covered by im-
permeable surfaces, such as pavement,
buildings, or rooftops. N
g•
h.
1.
j•
k.
List the materials, such as marl, paver stone, b.
e, to be used for pa ed
asphalt, or n
surfaces. V]n ?t,bly
; c.
d.
If applicable, has a stosnwater management
?i r of En-
plan been submitted to the Di .
d??--
virontriental Management? ,.
f
Describe proposed sewage dis 1 and/or waste g.
water eatment facilities. c--
5 .??
-r
h.
Have these faidi?}es received state or local
approval? IV 11"
Describe Sting treatment facilities.
ALL
i•

j.
Describe location and type of discharges to
1
.
waters of the state (for example surface runoff, k
sanitary wastewater, industria mercial
effluent, or "wash down"). 1
M.
n.
m. Water supply source °•
n. If the project is oceanfront development,
describe the steps that will be taken to main- p•
tain established public beach accessways or pro-
vide new access.,
o. If the project is on the oceanfront, what will
be the elevation above mepn ea level of the
first habitable floor?
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Length Width Depth
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill EIA
areas
7)., -?&'A Vae-.?Cw<,
Amount of material to be excavac from
below water level in culbi c.yyards ?\
Type of materi ai?_
Does the area to be excavated include A,!?a, l
and, swamps, or other wetlands? o High ground excavation, in cubic yards --
Dimensions of spoil disposal area
Location f spoil disposal area
Do you claim title to the disposal area? T
If not, attach a letter granting permission from
the owner.
Will a disposal a1r be avaibie f r Juture
maincenance- r ?`? u? Flo d?? is c?hc?
If so, where?
Does the disposal area include an marshland,
swampland.'or water areas? v
Will the fill material be placed below mean
high water?
Amount of fill in cubic rcl?
Type of fill material
Source of fill material
Will fill material be placed on marsh or other
wetlands? U
Dimensions of the wetland to be filled ?'^?---
How will excavated or fill materia be kept on
site and erosion controiled?
r. What type of construction equipment will be
used (for example, draghne, back oe, or
hydraulic d g )? 55
s. Will wetlands be crossed q transporting equip-
ment to the project site? 2_10 If yes, explain
the steps that will be taken to lessen en-
vironmental impacts.
N SHORELINE STABILIZATION
a. Length of bulkhead or riprap
b. Average distance waterward of mean high water
or normal water level
c. Shoreline erosion during preceding 12 months,
in feet
d. Type of bulkhead material
e. Amount of fill, in cubic yards, to be placed
below mean high water
f. Type of fill material
2

ADDITIONAT*IlVEORMATION
r
In addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
other instrument under which the applicant, claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 Vz x 11 white paper. (Refer to Coastal
Resources Commission Rule 7J.0203 for a detailed
description.)
Please note that original drawings are preferred and
only high quality copies will -be accepted. Blue-line
prints or other larger plats are acceptable only if 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing that agency's use of larger drawings.) A site or
location map is a part of plat requirements and it
must be sufficiently detailed to guide agency per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
A stormwater management plan, if applicable, that
may have been developed in- consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113-229(d).
Name Y4-
Address
Name
Address
Name
Address
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbers,,permittee, and issuing dates.
A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PERK ES
-+
SION TO ENTER ON LAND - r
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to condi-
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
I further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands in connection with.
evaluating information related to this permit ap-
plication and follow-up monitoring of project.
??QQtti
This is the 0 day
owner or AutY(o ' ent
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
3
1 r
J
w
May 27, 1992
To: Regulatory Branch
Action ID. 199201902
Mr. G. Wayne Wright
Chief, Regulatory Branch
Dear Mr. Wright:
C
r.
C-
I am a conservationist at heart, and I do think that "true"
wetlands should be preserved. I also think that owners of wetlands
who have constraints on the use of these lands should be
compensated in some way.
I have been an Agricultural Extension Agent for over ten years
now and have worked with soils on a regular basis (with both
farmers and local SCS personnel), so I do have some knowledge about
soil characteristics.
With all this said and done, I would like to make a proposal.
My Father cleared approximately 10 acres on a tributary of
Nahunga Creek in the late 701s. The predominant soil types are
Lumbee (Lu) and Muckalee (MK), both of which would be considered
"true" wetland soils by most professionals.
The land that I would like to clear is predominately Foreston
(FoA) with small intrusions of Woodington (Wo). Some of the acres
of Woodington would be considered hydric soils, and they will need
to be drained.
Biologically speaking, the soils in the 10 acres to be
converted back to wetlands would have a much greater value than the
soils that I would like to clear.
The 10 acres to be converted back to wetlands is my Father's
land. He has agreed to let me convert this area back to wetlands
if it would enable me to clear the two tracts of Foreston and
Woodington soils.
My Father has invested $17-$18,000 in clearing the Lumbee and
Muckalee soils, and I will have to compensate him for his loss.
In order to help me compensate my father, I would like to
participate in any cost share program the local Soil Conservation
Service might have to offer. I would also like to have SCS
recommendations (as well as the Army Corps of Engineers) regarding
the best vegetation to establish for wildlife habitat.
S'n e 3y
Whit Jones-,
U?
a
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?u?ro
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor August 24, 1992 A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary Acting Director
Mr. Whit Jones
Rt. 1, Box 65
Magnolia, NC 28453
Dear Mr. Jones:
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Land Clearing
Duplin County
DEM Project # 92302
Upon review of your request for Water Quality Certification
to place fill material in 7.0 acres of wetlands for land clearing
located at NC 11 and NC 903, in Duplin County, we have determined
that the proposed fill can be covered by General Water Quality
Certification No. 2671 issued January 21, 1992. A copy of the
General Certification is attached. This Certification may be
used in qualifying for coverage under Corps of Engineers'
Nationwide Permit No. 26. Wetland mitigation shall be done on
the 10 acres of land as described in you 27 May 1992 letter to
the Corps of Engineers.
If you have any questions, please contact John Dorney at
919/733-1786 or 919/733-1787.
Sincerely,
A. reston Howard Jr. P.E.
APH:JD
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Regional Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 9 19/946 -648 1 919/395-3900 9 19/896 -7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO September 30, 1992
Regulatory Branch
Action ID No. 199201902 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Whit Jones
Route 1, Box 65
Magnolia, North Carolina 28453
Dear Mr. Jones:
Reference your application of may 18, 1992, for Department of the Army
authorization to impact approximately 7 acres of wetlands scattered throughout
two tracts totalling 40 acres, in the drainage area of Elder Creek, off NC 11
near Magnolia, Duplin County, North Carolina.
Your proposal will impact various small, isolated wetlands, most of which
are a result of logging activities. The total of seven acres is a "high side"
estimate, as no actual delineation was done due to the scattered and marginal
nature of the jurisdictional areas. As a mitigating factor for filling these
wetlands, you have proposed restoring wetland parameters to a 10 acre ditched
agriculture field adjacent to Nahunga Creek, off S.R. 1301, east of Warsaw in
duplin County. This is to be accomplished by blocking up ditches to
reestablish wetland hydrology. You have also agreed to plant this area with
wetland species of vegetation and manage the entire tract as a functioning
wetland.
For the purposes of the U. S. Army Corps of Engineers, Regulatory Program,
Title 33, Code of Federal Regulations (CFR), Part 330.6, published in the
Federal Register on November 22, 1991, lists nationwide permits.
Authorization was provided, pursuant to Section 404 of the Clean Water Act,
for discharges of dredged or fill material into headwaters and isolated
waters.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the North Carolina
Division of Environmental Management and, in the coastal area, a consistency
determination from the North Carolina Division of Coastal Management. You
should contact Mr. John Dorney, telephone [phone], regarding water
quality certification, and Mr. Steve Benton, telephone [phone],
regarding consistency determination. This nationwide permit does not relieve
you of the responsibility to obtain other required State or local approval.
This verification will be valid for two years from the date of this letter
unless the nationwide authorization is modified, reissued or revoked. Also,
t
-2-
this verification will remain valid for the two years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the two years,'the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity
would no longer comply with the terms and conditions of the nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within twelve months of the date
of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Water Quality Section
Divisiaf of Environmental Management
Norltf?'Carolina Department of
environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Jim Gregson
North Carolina Department of
Environment, Health, and
Natural Resources
Division of Environmental Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405-3845

,A?. ,..K

KN North Carolina Wildlife ResourOICori
512 N. Salisbury Street, Raleigh, North Carolina 27614-1
Charles R. Fullwood, Executive Dire
MEMORANDUM
TO: John Dorney, Division of Environmental Management
Department of EH&NR
FROM: Dennis L. Stewart, Manager fijA,? Oe-g:??p
Habitat Conservation Program
DATE: August 6, 1992
SUBJECT: 401 Water Quality Certification for Whit Jones
wetlands associated with Grove Creek, Duplin
County, North Carolina.
The Wildlife Resources Commission has reviewed the subject
document and professional biologists from our staff are familiar
with the habitat values of the project area. Our comments are
provided in accordance with certain provisions of the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C.
661 et seq.), the North Carolina Environmental Policy Act (G.S.
113A-1 et seq., as amended; 1 NCAC 25), and the Coastal Area
Management Act ( G.S. 113 A-100 through 113A-128).
The applicant, Whit Jones, is requesting 401 water quality
certification to clear and drain an undetermined acreage of
wetlands for residential and commercial development. The
application submitted does not contain enough information for us
to make informed comments. Due to the size of the proposed
activities, detailed maps outlining all wetland areas to be
impacted as well as all wetlands to be restored are essential.
We ask that the project be suspended until these materials are
provided.
Thank your for the opportunity to review this project. If
we can be of further assistance, please contact us.
cc: Bobby Maddrey, District 2 Wildlife Biologist
Hon. Roy G. Sowers, III, District 2 Commissioner

DIVISION OF ENVIRONMENTAL MANAGEMENT
MEMORANDUM
Date: August 13, 1992
To: John Dorney
Planning Branch
From: James H. Gregso
Wilmington Region Office
Through: Dave Adkins V-?- S S ?o ?--
Wilmington Regional Office
?F1, pND tYRgECj
Subject: Regional Office Review and RecommkudertTons
Application for Permit for Excavation and/or Fill
Whit Jones
Central Office Permit #92302
Duplin County
PROJECT DESCRIPTION: The applicant proposes to clear
approximately 7 acres of marginal wetlands and to restore
approximately 10 acres of disturbed wetlands.
ADJACENT WATER BODY: Elder Branch and Nahunga Creek
CLASSIFICATION: CSw
The project has been reviewed to determine impacts to water
quality. The following comments have been provided.
Conversations with the COE indicate the area to be cleared
is wet due mostly to logging damage and tire ruts. Jeff Richter
stated the area has not been delineated and that 7 acres was a
high estimate. The area to be restored, according to Jeff
Richter is a high quality wetland adjacent to Nahunga Creek.
1. The project will require a 401 Water Quality Certification.
2. The project complies with the General 401 Water Quality
Certification No. 2671 for Headwater Wetlands.
This office has no objection to the project as proposed.
cc: Wilmington Regional Office Files
Central Files

Please type or print. Carefully describe
ticipated development activities, includi
tion, excavation, filling, paving, land cl
stormwater control. If the requested infi
not relevant to your project, write N/A
plicable). Items 1-4 and 8-9 must be cap
all projects.
?2,3oz
?,- NMt
aS.dN -4Lo
1 is
use of the proje?t..
Kwrt.? Tree.. p?ecU4c?io? w-?'/u?f°r
r Q. u , . r„nt ?n rue CJIA/
r!L1ND AND WATER
-?- CHARACTERISTICS `rY
1-:APPLICANT' -- a. Size of entire tract des 7q"4? Q?
W h i? ?pN? 5 b. Size of individual lot(s)
a. Name _ c. Elevation of tract above mean sea level or Na-
Address _R4. ' tional Geodetic Vertical Datum 7 - L' nne?cs?
City a r1o 'Cc State d. S it type(s an textures of tract
Zip 8 4 -r- 3 Day phone ql q1.= q Co - a i L16 e ?i h 'I vi u5,S W 8, K<
V_ Landowner or Authorized agent e. Vegetations on tract x 0
b. Project name (if any) Novi PP?Q1,n ,
f. Man-mhde fe tures now on tract
C. If the applicant is not the landowner, also give 6wqll U C. It Ju
the owne6,name and address. g. What is the CA d Use Plan Classifica-
//VV cion of the site? (Consult the local land use
plan.)
Conservation - Transitional
Developed Community
2. LOCATION OF PROPOSED ? ' Rural Other
PROJECT h. Howls the tract zoned by local government?
i. How are adjacent waters classified?
a. Street address or secondary road number j. Has a professional archaeologic?I survey been
r)n LJc.Si ?? ?? of N e I I _, I U4 5XJk - ff6 carried out for the t?
,titer ? W,?
b. City, town, community, or landmark
o?'' K en a nsv h) Qo 3 If so, by whom?
S?ui? l?.or, ?? 11
c. County -1_). .,.,?..:.:... .
d. Is proposed work within city limits or planning 5 UPLAND DEVELOPMENT=-14--
jurisdiction? Arn
e. Flame of body of water nearest project Complete this section if the project includes any
G\ n. 114?r-i'} 40 upland development.
a. Type and number of buildings, facilities, o
3 DESCRIPTION AND PLANNED, structures roposed koutpe .' he a
I,- C1 -Vwp
=-.-. USE OF PROPOSED PROJECT W ? ?"+
_ b. Num er of lots or parcels Y O
a. Describe all development activities you propose c. Density (Give the numbe of resi entialyn i
(for example, building a home, motel, marina, end the i per acr .) m- e' 1- ,
b khead, or pier). we fo m ;
u?1cS2 I ?m?e_ ?rt?? ?r. h?clr?? i ?S d. Size, of area to be gra ed or disturb eS
l? ??? Chn rL re?< :1rn .- hch yle?
r? 4 ?e<e ?? f ?;?'? e. If the proposed project will d turb more than l
one acre of land, the Division of Land
If you plan to build a marina, also complete Resources must receive an erosion and sedimen-
and attach Form DCM-MP-2. tation control plan at least 30 days before land
b. Is the proposed activity maintenance of an ex- disturbing activity begins. If applicable, has a
fisting project, new work, or both? xQ_C"'_1Z;'0YN
sedimentation and erosion control plan been
a 4 h? 5 ne55 su itted to t?hie? iyyision of Land esour?
c. Will the project be for community, private, or r??u+nen 1'fcci?c?1 LJ'u he
commerc}al use? f. Give the percentage of the tract within 75 feet
?«+? of mean high water to be covered by im-
permeable surfaces, such as pavement,
buildings, or rooftops.
List the materials. such as marl. paver stone,
g b. Amount of material to be excavated _ from
1
l in cubic yards
l
•
asphalt, or n e, co be used for payed
C c eve
,
below water
Type of material
'
AS
(Jc ti
surfaces. _
d.
Does the area to be excavated include marsp-
_
h. If applicable, has a stormwater management
f E
.
e ?
land, swamps, or other wetlands? ?0
High ground excavation, in cubic yards
n
plan been submitted to the Division o
? .
f Dimensions of spoil disposal area
vironmeriml Management?.-
waste
Describe proposed sewage dis at /and/or
i
S .
g. Location f ?spoit disposal area
*?
? 1
' `
.
it 4e? -kc__
water ?reacment facilities.
h.
??p i nnr
C.-P
Do you claim title to the disposal area? T

es received state or local
Have these facili
j If not, attach a letter granting permission from
?
.
approval? /V
Describe ex' ring treatment facilities.
k
i. the owner.
Will a disposal aAr--a be ava?ig le_f r uture
^? ism
u
='`
.
AtL `
?
maintenance??
- If so, where?
j. marshland,
Does the disposal area include
1. Describe location and type of discharges co
k an
swampland.'or water areas? v
fill material be placed below mean
Will
h
waters of the state (for exampler surface runoff, . e
t
sanitary wastewater, industria mercial
"
1 high water?
Amount of fill in cubic yar S
),
effluent, or "wash down .
m. Type of fill material
n. Source of fill material
Water supply source Ijr', '
M o. Will fill material be, placed on marsh or ocher
V
.
n. If the project is oceanfront development, wetlands?
Dimensions of the wetland to be filled `?'---
describe the steps that will be taken to main- p.
q How wtil excavated or fill materia be kept on
tain established public beach accessways or pro- . site and erosion contmiled?
vide new access.
o. If the project is on the oceanfront, what will
be the elevation above epn ea level of the
first habitable floor? m?5
6 EXCAVATION AND FILL
INFORMATION
a. Describe below the purpose of proposed excava-
tion or fill activities (excluding bulkheads,
which are covered in Section 7).
Access channel
(MLW) or (NWL)
Boat basin
Other (break-
water, pier,
boat ramp,
rock jetty)
Fill placed in
wetland or below
MHW
Upland fill
areas
Length Width Depth
'). , ?'Q

r. What type of construction equipment will be
used (for example, dragi'ne, back oe, or
by uiic dz;c 12
g )? 55
r
r' h l 0 -7
s. Will wetlands be crossed i transporting equip-
ment to the project site? NO If yes, explain
the steps that will be taken to lessen en-
vironmental impacts.
SHORELINE STABILIZATION
a. Length of bulkhead or nprap
b. Average distance waterward of mean high water
or normal water level
c. Shoreline erosion during preceding 12 months,
in feet
d. Type of bulkhead material
e. Amount of fill, in cubic yards. to be placed
below mean high water
f. Type of fill material

ADDIT IOnLINEORMATTON
In addition to the completed application form, the
following items must be submitted:
A copy of the deed (with state application only) or
other instrument under which the applicant, claims
title to the affected property. If the applicant is not
claiming to be the owner of said property, then for-
ward a copy of the deed or other instrument under
which the owner claims title, plus written permis-
sion from the owner to carry out the project.
An accurate work plat (including plan view and
cross sectional drawings) drawn to scale in black
ink on 8 3h x 11 white paper. (Refer to Coastal
Resources Commission Rule 7J.0203 for a detailed
description.)
Please note that original drawings are preferred and
only high quality copies will 'be accepted. Blue-line
prints or other larger plats are acceptable only if 16
high quality copies are provided by the applicant.
(Contact the U.S. Army Corps of Engineers regard-
ing that agency's use of larger drawings.) A site or
location map is a part of plat requirements and it
must be sufficiently detailed to guide agency per-
sonnel unfamiliar with the area to the site. Include
county road (SR) numbers, landmarks, and the like.
A stormwater management plan, if applicable, that
may have been developed in- consultation with the
Division of Environmental Management.
A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners. These
individuals have 30 days in which to submit com-
ments on the proposed project to the Division of
Coastal Management. The applicant must advise
the adjacent landowners of this opportunity by sen-
ding a copy of the permit application to them by
registered or certified mail. This notification is re-
quired by G.S. 113-229(d).
Name /V
Address
Name
Address
Name
Address
A list of previous state or federal permits issued
for work on the project tract. Include permit
numbe permittee, and issuing dates.
A check for $100 made payable to the Depart-
ment of Natural Resources and Community
Development to cover the costs of processing the
application.
A signed AEC hazard notice for projects in ocean-
front and inlet areas.
A statement on the use of public funds. If the
project involves the expenditure of public funds, at-
tach a statement documenting compliance with the
North Carolina Environmental Policy Act
(N.C.G.S. 113A-1 to 10).
9 CERTIFICATION AND PERNiQ3
SION TO ENTER ON LAND' 3'
Any permit issued in response to this application
will allow only the development described in the
application. The project will be subject to. condi-
tions and restrictions contained in the permit.
I certify that to the best of my knowledge, the pro-
posed activity complies with the State of North
Carolina's approved Coastal Management Program
and will be conducted in a manner consistent with
such program.
I further certify that I am authorized to grant, and
do in fact, grant permission to representatives of
state and federal review agencies to enter on the
aforementioned lands in connection with,
evaluating information related to this permit ap-
plication and follow-up monitoring of project.
'?gqtti
This is the day of ,01\
19q ,)- . /' n ? r___
Lan4owner or Autjflorizenk
a?rncu? Wh;?r S ? J?r• C??,-?
Send the completed application materials to the
Division of Coastal Management Office nearest you
and the U.S. Army Corps of Engineers. See the
map on the inside front cover for the appropriate
DCM office and addresses and phone number.
3
? 1
J

May 27, 1992
To: Regulatory Branch
Action ID. 199201902
Mr. G. Wayne Wright
Chief, Regulatory Branch
Dear Mr. Wright:
I am a conservationist at heart, and I do think that "true"
wetlands should be preserved. I also think that owners of wetlands
who have constraints on the use of these lands should be
compensated in some way.
I have been an Agricultural Extension Agent for over ten years
now and have worked with soils on a regular basis (with both
farmers and local SCS personnel), so I do have some knowledge about
soil characteristics.
With all this said and done, I would like to make a proposal.
My Father cleared approximately 10 acres on a tributary of
Nahunga Creek in the late 701s. The predominant soil types are
Lumbee (Lu) and Muckalee (MK), both of which would be considered
"true" wetland soils by most professionals.
The land that I would like to clear is predominately Foreston
(FoA) with small intrusions of Woodington (Wo). Some of the acres
of Woodington would be considered hydric soils, and they will need.
to be drained.
Biologically speaking, the soils in the 10 acres to be
converted back to wetlands would have a much greater value than the
soils that I would like to clear.
The 10 acres to be converted back to wetlands is my Father's
land. He has agreed to let me convert this area back to wetlands
if it would enable me to clear the two tracts of Foreston and
Woodington soils.
rC
v`
W y
r" . 01
O / J
? ?R ray ^u ' "o,
^? G J
\ J C7
G
My Father has invested $17-$18,000 in clearing the Lumbee and
Muckalee soils, and I will have to compensate him for his loss.
In order to help me compensate my father, I would like to
participate in any cost share program the local Soil Conservation
Service might have to offer. I would also like to have SCS
recommendations (as well as the Army Corps of Engineers) regarding
the best vegetation to establish for wildlife habitat.

S Zy"
,lJl _ j
Whit Jon_esJ

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