20090883 Ver 1_Public Notice_20090813

09-0 8 8 3
?P=@[Nowm u,
M 2009
PUBLIC NOTICE AUG 1 3
l;S Army Corps
Of Engineers DENR-WATER QUAAUTY
LITY
WETLANDS AND STORMWATER BRANCH
Wilmington District
Issue Date: August 06, 2009
Comment Deadline: September 04, 2009
Corps Action ID 4: SAW-2008-02476
The Wilmington District, Corps of Engineers (Corps) received an Individual Permit
application from Shackelford Farms, Inc., C/O Mr. Dwain Shackelford, seeking
Department of the Army (DA) authorization to impact DA waters and wetlands
jurisdiction for the purpose of constructing an earthen dam and associated 3-acre
impoundment within an unnamed tributary to Wheat Swamp Creek.
Approximately 100 linear feet of perennial stream and 0.086 acres of riparian
wetlands will be filled by construction of the dam. Total impact (filling and
flooding) to DA jurisdiction equals 0.6 acres.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at www.saw. usace.army mil/wetlands
Applicant: Shackelford Farms, Inc.
Attention: Mr, Dwain Shackelford
1652 J. Kenneth Hall Road
Ilookerton, North Carolina 28538
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to applicable procedures of Section 404 of the
Clean Water Act (33 U.S.C. 1344).
Location
The approximately 74 acre property, known as Shackelford Farms, is located at 1652 J.
Kenneth Ifall Road, adjacent to Wheat Swamp Creek, southeast of Hookerton, in Lenoir
County, North Carolina (35.3842 N / -77.5600 W).
Existing Site Conditions
The property is an ongoing farming operation run by Shackelford Farms, Inc. The
project vicinity consists of slightly rolling pasture that leads down to the jurisdictional
stream and proposed pond construction site. This unnamed tributary flows through the
bottom of a topographic feature directly into Wheat Swamp Creek, a tributary of
Contentnea Creek and eventually the Neuse River. The majority of the property is open
and either grassed for grazing cattle, or part of the ongoing farming operation. A small
portion of the property consists of wetlands within the floodplain of the subject unnamed
tributary, These riparian wetlands, classified as Headwater Wetlands under the North
Carolina Wetland Assessment Methodology, have been impacted by cattle grazing and
are primarily vegetated with soft rush, red maple and sweetgum. Surrounding land use
consists of minor residential development, agricultural fields and undeveloped property.
Applicant's Stated Purpose
The applicant's stated purpose of the project is to construct a dam and impoundment for
the purpose of irrigating 26 acres of cropland producing tobacco, corn, wheat and no-till
soy beans. No other related agricultural or non-agricultural construction activities are
proposed. Due to its potential to restrict the flows and circulation patterns of waters of'
the United States, the construction of this impoundment is not exempt from DA
regulatory authority.
Project Description
The applicant proposes to construct a 100-foot long by 37.5-foot wide by 18.5-foot high
(2,570 cubic yards) earthen dam within the topographic feature of the subject unnamed
tributary to Wheat Swamp Creek. The Natural Resources Conservation Service assisted
with the design of this project that will create a 3-acre impoundment upstream of the
dam. DA jurisdictional impacts resulting from the construction of the dam equal
approximately 100 linear feet of perennial stream and 0.086 acres of riparian wetlands.
Total impact to DA jurisdiction, including the fill for the dam and subsequent flooding,
equals 0.6 acres.
The applicant stated that this is the only stream located on the property that will allow for
the construction of such a pond. The footprint of the dam has been located in such a
manner as to minimize the cutting of trees and within the narrowest point on the
landscape to minimize total impacts to jurisdictional areas.
The applicant stated that the project will create approximately 3 acres of' impounded
water which will benefit both aquatic life and waterfowl. The applicant does not feel that
the impacts caused by this project should require further mitigation, and therefore, no
additional compensatory mitigation has been offered at this time.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review, The Corps will generally not make a final permit decision until
the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State
certification required by Section 401 of the Clean Water Act (PL 92-500). The receipt of
the application combined with the appropriate application fee at the North Carolina
Division of Water Quality central office in Raleigh will constitute initial receipt of an
application for a 401 Water Quality Certification. A waiver will be deemed to occur if
the NCDWQ fails to act on this request for certification within sixty days of the date of
the receipt of this notice in the NCDWQ Central Office. Additional information
regarding the Clean Water Act certification may be reviewed at the NCDWQ Central
Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard, Raleigh,
North Carolina 27604-2260. All persons desiring to make comments regarding the
application for certification under Section 401 of the Clean Water Act should do so in
writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail
Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by 5pm
on September 04, 2009,
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties, or properties listed as being
eligible for inclusion therein are located within the project area or will be affected by the
proposed work. Presently, unknown archeological, scientific, prehistoric, or historical
data may be located within the project area and/or could be affected by the proposed
work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the
applicant and consulted the latest North Carolina Natural Heritage Database. Based on
available information, the Corps has determined pursuant to the Endangered Species Act
of 1973, that the proposed project will have no effect on federally listed endangered or
threatened species or their formally designated critical habitat.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources, The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof; among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidate State Viewpoint or written position of
the Governor; Indian "Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the
Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects and the other
public interest factors listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act (NEPA). Comments are also used to
determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received
by the Corps of Engineers, Wilmington District, until 5pm, September 04, 2009.
Comments should be submitted to Ms. Emily N. Jernigan, U.S. Army Corps of
Engineers, Post Office Box 1000, Washington, North Carolina 27889, or telephone (910)
251-4567.
Distribution:
1 Ms. Cyndi Karoly, North Carolina Division of Water Quality (NCDWQ), 1650
Mail Service Center, Raleigh, North Carolina 27699-1650
1 Mr. Doug Huggett, North Carolina Division of Coastal Management, Hestron
Plaza II 151 B, Highway 24, Morehead City, North Carolina 28557
1 Mr. Julian 'f. Lassiter Jr., 1588 J. Kenneth Hall Road, Hookerton, North Carolina
28538
1 Mr. Alonzo C. Edwards, 1205 Pine Circle, Snow Hill, North Carolina 28580
1 Mr, Neil West, 2532 British Road, Kinston, North Carolina 28501
1 Mr. Fred T. Mattox, Post Office Box 686, Greenville, North Carolina 27835
1 'l'ull Hill Farms, 2262 Hugo Road, Kinston, North Carolina 28501
1 Mr. Jerry Dwain Shackelford, 1652 J. Kenneth Hall Road, Hookerton, North
Carolina 28538
1 Mr. Jerry H, Shackelford, Post Office Box 247, Hookerton, North Carolina 28538
I
US Army Corps PUBLIC NOTICE
Of Engineers
Wilmington District
Issue Date: August 06, 2009
Comment Deadline: September 04, 2009
Corps Action ID #: SAW-2008-02476
The Wilmington District, Corps of Engineers (Corps) received an Individual Permit
application from Shackelford Farms, Inc., C/0 Mr. Dwain Shackelford, seeking
Department of the Army (DA) authorization to impact DA waters and wetlands
jurisdiction for the purpose of constructing an earthen dam and associated 3-acre
impoundment within an unnamed tributary to Wheat Swamp Creek.
Approximately 100 linear feet of perennial stream and 0.086 acres of riparian
wetlands will be filled by construction of the dam. Total impact (filling and
flooding) to DA jurisdiction equals 0.6 acres.
Specific plans and location information are described below and shown on the attached
plans. This Public Notice and all attached plans are also available on the Wilmington
District Web Site at www.saw.usace.armymil/wetlands
Applicant: Shackelford Farms, Inc.
Attention: Mr. Dwain Shackelford
1652 J. Kenneth Hall Road
Hookerton, North Carolina 28538
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally
issue, or deny the proposed work pursuant to applicable procedures of Section 404 of the
Clean Water Act (33 U.S.C. 1344).
Location
The approximately 74 acre property, known as Shackelford Farms, is located at 1652 J.
Kenneth Hall Road, adjacent to Wheat Swamp Creek, southeast of Hookerton, in Lenoir
County, North Carolina (35.3842 N / -77.5600 W).
Existing Site Conditions
The property is an ongoing farming operation run by Shackelford Farms, Inc. The
project vicinity consists of slightly rolling pasture that leads down to the jurisdictional
stream and proposed pond construction site. This unnamed tributary flows through the
bottom of a topographic feature directly into Wheat Swamp Creek, a tributary of
Contentnea Creek and eventually the Neuse River. The majority of the property is open
and either grassed for grazing cattle, or part of the ongoing farming operation. A small
portion of the property consists of wetlands within the floodplain of the subject unnamed
tributary. "These riparian wetlands, classified as Headwater Wetlands under the North
Carolina Wetland Assessment Methodology, have been impacted by cattle grazing and
are primarily vegetated with soft rush, red maple and sweetgum. Surrounding land use
consists of minor residential development, agricultural fields and undeveloped property.
Applicant's Stated Purpose
The applicant's stated purpose of the project is to construct a dam and impoundment for
the purpose of irrigating 26 acres of cropland producing tobacco, corn, wheat and no-till
soy beans. No other related agricultural or non-agricultural construction activities are
proposed. Due to its potential to restrict the flows and circulation patterns of waters of
the United States, the construction of this impoundment is not exempt from DA
regulatory authority.
Project Description
The applicant proposes to construct a 100-foot long by 37.5-foot wide by 18.5-foot high
(2,570 cubic yards) earthen dam within the topographic feature of the subject unnamed
tributary to Wheat Swamp Creek. The Natural Resources Conservation Service assisted
with the design of this project that will create a 3-acre impoundment upstream of the
dam. DA jurisdictional impacts resulting from the construction of the dam equal
approximately 100 linear feet of perennial stream and 0.086 acres of riparian wetlands.
Total impact to DA jurisdiction, including the fill for the dam and subsequent flooding,
equals 0.6 acres.
The applicant stated that this is the only stream located on the property that will allow for
the construction of such a pond. The footprint of the dam has been located in such a
manner as to minimize the cutting of trees and within the narrowest point on the
landscape to minimize total impacts to jurisdictional areas.
The applicant stated that the project will create approximately 3 acres of impounded
water which will benefit both aquatic life and waterfowl. The applicant does not feel that
the impacts caused by this project should require further mitigation, and therefore, no
additional compensatory mitigation has been offered at this time.
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review. The Corps will generally not make a final permit decision until
the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State
certification required by Section 401 of the Clean Water Act (PL 92-500). The receipt of
the application combined with the appropriate application fee at the North Carolina
Division of Water Quality central office in Raleigh will constitute initial receipt of an
application for a 401 Water Quality Certification. A waiver will be deemed to occur if
the NCDWQ fails to act on this request for certification within sixty days of the date of
the receipt of this notice in the NCDWQ Central Office. Additional information
regarding the Clean Water Act certification may be reviewed at the NCDWQ Central
Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard, Raleigh,
North Carolina 27604-2260. All persons desiring to make comments regarding the
application for certification under Section 401 of the Clean Water Act should do so in
writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail
Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms Cyndi Karoly by 5pm
on September 04, 2009.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties, or properties listed as being
eligible for inclusion therein are located within the project area or will be affected by the
proposed work. Presently, unknown archeological, scientific, prehistoric, or historical
data may be located within the project area and/or could be affected by the proposed
work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the
applicant and consulted the latest North Carolina Natural Heritage Database. Based on
available information, the Corps has determined pursuant to the Endangered Species Act
of 1973, that the proposed project will have no effect on federally listed endangered or
threatened species or their formally designated critical habitat.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof; among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain
values (in accordance with Executive Order 11988), land use, navigation, shoreline
erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidate State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity. Any comments received will be considered by the
Corps of Engineers to determine whether to issue, modify, condition or deny a permit for
this proposal. To make this decision, comments are used to assess impacts on endangered
species, historic properties, water quality, general environmental effects and the other
public interest factors listed above. Comments are used in the preparation of an
Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act (NEPA). Comments are also used to
determine the need for a public hearing and to determine the overall public interest of the
proposed activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing shall be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received
by the Corps of Engineers, Wilmington District, until 5pm, September 04, 2009.
Comments should be submitted to Ms. Emily N. Jernigan, U.S. Army Corps of
Engineers, Post Office Box 1000, Washington, North Carolina 27889, or telephone (910)
251-4567.
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1,880.0 cu. yds of excavation
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From computer program
468.0 cu. yds of excavation
468.0 cu. yds. of earth fill
0' 112' 225' 337'
JERRY SHAG SEFORD
FARM POND
LENOOR COUNTY
NORTH CQROLONA
Designed by. Carl Dunn 2-09
Drowned by, Claude Long 2-09
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JERRY SHACKEFORD
FARM POND
LENOIR COUNTY
NORTH CAROLINA

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Deijj1ed_Carl_Dunn_--J 2 16 -L-09
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Dawn Claude- Long---2Z16Z09_
Chocked -------------- -----
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Embankment Profile D-----_c????
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Lenoir County North Carolina approved-___--_------- --__-
Dennison, Laurie
From: Barnett, Sharon L SAW [[e-mail]]
Sent: Thursday, August 13, 2009 2:40 PM
Subject: US Army Corps of Engineers Public Notice
Attachments: PN SAW 2008-02476.pdf
The Wilmington District, Corps of Engineers (Corps) received an Individual Permit application from
Shackelford Farms, Inc., C/O Mr. Dwain Shackelford, seeking Department of the Army (DA) authorization to
impact DA waters and wetlands jurisdiction for the purpose of constructing an earthen dam and associated 3-
acre impoundment within an unnamed tributary to Wheat Swamp Creek. Approximately 100 linear feet of
perennial stream and 0.086 acres of riparian wetlands will be filled by construction of the dam. Total impact
(filling and flooding) to DA jurisdiction equals 0.6 acres. The approximately 74 acre property, known as
Shackelford Farms, is located at 1652 J. Kenneth Hall Road, adjacent to Wheat Swamp Creek, southeast of
Hookerton, in Lenoir County, North Carolina (35.3842 N / -77.5600 W).
Applicant: Shackelford Farms, Inc.
Attention: Mr. Dwain Shackelford
1652 J. Kenneth Hall Road
Hookerton, North Carolina 28538
ACTION ID: SAW-2008-02476
Post Date: 6 Aug 2009
Expiration: 4 Sep 2009