19930379 Ver 1_COMPLETE FILE_19930510

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State of North Carolina
Department of Environment,
Health and Natural Resources 1 • •
Division of Environmental Management
James B. Hunt, Jr„ Governor
®E H N
Jonathan B. Howes, , Secretary
A. Preston Howard, Jr., P.E., Director
May 12, 1993
Billy B. Fussell
Route 2 Box 377
Rose Hill, N.C. 28458
Dear Mr. Fussell:
Subject: Proposed fill in Wetlands or Waters
Road widening for farm access
Duplin County
DEM Project # 93379
Upon review of your request for 401 Water Quality Certification to place fill material in
0.3 acres of wetlands or waters which are tributary to Rock Fish Creek for widening of a
farm road located at SR 1100 in Duplin County, as described in your submittal dated 7 May,
1993, we have determined that the proposed fill can be covered by General Water Quality
Certification No. 2732 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. 14.
If you have any questions, please contact John Dorney at 919-733-1786
Sincerely,
A. Preston Howard, Jr. P.E.
93379.Itr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington Regional Office
Mr. John Dorney
Central Files
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
NOTIFICATION FORM
INFORMATION SHEET
Nationwide permits that require notification to the
Nationwide permits that require application for Sect
A. NOTIFICATION TO THE CORPS OF ENGINEERS DISTRICT ENGINEER. (REFER TO
ITEM B. BELOW FOR DIVISION OF ENVIRONMENTAL MANAGEMENT APPLICATION RE-
QUIREMENTS AND SPECIFICALLY NOTE NWP 26 DIFFERENCE.)
Certain nationwide permits require notification to the Corps of Engineers before work can proceed. They are as follows:
NWP 5 (only for discharges of 10 to 25 cubic yards)
NWP 7
NWP 13 (only for stabilization activities in excess of 500 feet in length or greater than an average of one cubic yard
per running foot)
NWP 14 (only for fills in special aquatic sites, including wetlands, and must include a delineation of affected special
aquatic sites)
NWP 17
NWP 18 (required when discharge exceeds 10 cubic yards or the discharge is in a special aquatic site and must include
a delineation of the affected special aquatic site, including wetlands)
NWP 21 (must include a delineation of affected special aquatic sites, including wetlands)
NWP 26 (only for greater than 1 acre total impacts and must include a delineation of affected special aquatic sites,
including wetlands)
NWP 33 (must include a restoration plan of reasonable measures to avoid and minimize impacts to aquatic resources)
NWP 37
NWP 38 (must include a delineation of affected special aquatic sites, including wetlands)
For activities that may be authorized by the above listed nationwide permits that require notification, the
applicant shall not begin work
a. Until notified that the work may proceed under the nationwide permit with any special conditions imposed by
the District Engineer, or
b. If notified that an individual permit may be required, or
c. Unless 30 days (calendar) have passed from the time a complete notification is received by the District Engineer
and no notice has been received from the District Engineer, and required state approvals have been obtained.
Required state approvals include: 1) a Section 401 water quality certification if authorization is requested for a
discharge of dredged or fill material, and 2) an approved coastal zone management consistency determination if
the activity will affect the coastal area.
Use of NWP 12 also requires notification to the District Engineer, but work may not begin until written
concurrence is received from the District Engineer. The time periods described above do not apply.
Furthermore, requirements to notify the U.S. Fish and Wildlife Service (USFWS), the National Marine
Fisheries Service (NMFS), and the State Historic Preservation Office (SHPO), as indicated below and on the
notification form, do not apply.
B. APPLICATION TO DEM FOR NATIONWIDE PERMIT SECTION 401 CERTIFICATION.
Certain nationwide permits require an application to DEM in order to obtain Section 401 water quality certification.
They are NWP 6, NWP 12, NWP 15, NWP 16, NWP 17, NWP 21, NWP 33, NWP 34, NWP 38, and NWP 40.
Certain nationwide permits were issued general certifications and require no application. They are NWP 3, NWP 4,
NWP 5, NWP 7, NWP 20, NWP 22, NWP 23 (requires notification to DEM), NWP 25, NWP 27, NWP 32, NWP 36,
and NWP 37.
The following nationwide permits were issued general certifications for only limited activities: NWP 13 (for projects
less than 500 feet in length), NWP 14 (for projects that impact waters only), NWP 18 (for projects with less than 10
cubic yards of fill in waters only), and NWP 26 (for projects with less than or equal to one-third acre fill of waters or
wetlands). Projects that do not meet these criteria require application for Section 401 water quality certifications.
C. NOTED 11 WXTION PROCEDURES.
r17 '
The attache should be' used to obtain approval from the Corps of Engineers and/or the N.C. Division of
Environmen snag ant 4? specified above. The permittee should make sure that all necessary information is
provided in order to avoid delays. One copy of the completed form is required by the Corps of Engineers and seven
copies are required by,UTA& Plans and maps must be on 8 1/2 x 11 inch paper.
Endangered species requirement: For Corps of Engineers notifications only, applicants must notify the U.S. Fish and
Wildlife Service and/or the National Marine Fisheries Service. regarding the presence of endangered species that may
be affected by the proposed project.
U.S. FISH AND WILDLIFE SERVICE
RALEIGH FIELD OFFICE
P.O. Box 33726
Raleigh, NC 27636-3726
Telephone [phone]
NATIONAL MARINE FISHERIES SERVICE
HABITAT CONSERVATION DIVISION
Pivers Island
Beauforc, NC 28516
Telephone [phone]
Historic resources requirement: For Corps of Engineers notifications only, applicants must notify the State Historic
Preservation Office regarding the presence of historic properties that may be affected by the proposed project.
STATE HISTORIC PRESERVATION OFFICE
N.C. DIVISION OF ARCHIVES AND HISTORY
109 East Jones Street
Raleigh, NC 27601
Telephone [phone]
Information obtained from these agencies should be forwarded to the Corps.
DEM ID: 933,,)q ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #):
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENV
AND NATURAL RESSOURC IRONME ? M
P.O. Box 29535 0 U
Raleigh, NC 27626-0535 !!
ATTN: MR. JOHN DORNEY MAY ' 7 1993 I
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIR
PLEASE PRINT.
1. Owners Name: ,y i
2. Owners Address: VGT # oC ,&c A t, `o c. &2 /4,
3. Owners Phone Number (Home): 101 (Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:

5. Location of work (MUST
Nearest Town or City:
ACH MAP). County: D y O L rv
- - J I • . .,I / ..
Specific Location (Include road numbers, landmarks etc.): n e
6. Name of Closest Stream/River: -T,, b kA a r -1 d f P Ic `tt ? A Gr r (, k
F ,z
7. River Basin: NF C,4,) s
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [V]'
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO 0
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: /
VO X QUO
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
•3O /I
Drained: O
Flooded: Q
Excavated: 0
Total Impacted: • 3 0 +1 ?___
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): W i ( Ch cx1 %4 ro u
13. Purpose of proposed work: M o,)c 4c' Qa u , n n, en i ? c alA[ e
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. w al a ,,,c e x t A E i VN5 r q u 0-3 "'14(" Q t3 0010,0C , C4-t uc r 4 f o r
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regording'the presence or any Federally listed or proposed for listing endangered or threatened species or critical
habitat in the permit areilhat may be affected by the proposed project. Have you done so? YES[ ] NO [ ]
RESPONSES FT2IM"T'HE 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 [ ] NO [ ]
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? w ?? d as }
F. If applicable, what is proposed method of sewage disposal?
-.16SA i - 4.
Owne ' ature Date
n Od[?n
uu ? 2 01993 LI
PN
Dear Sirs:
April 16, 1993
We would like to get permission to improve an existing road across a
wet area. We need to move cattle and Farm Equipment of this road.
It will save us consideraole time and money. It will keep the cows
out of the swamp in going from one pasture to another. It will keep farm
equipment from driving about one and one half miles on a paved road.
We would appreciate some help on this.
Sincerely,
Billy &JFussell
PLAN TO CONVERT WETLANDS FOR NON-AGRICULTURAL USES
?
NAME
ADDRESS
I/
/2nJt 111f? Al C- 2-r11/f
FARM NUMBER TRACT NUMBER % 7 S O r? T 7i9
PRESENT LAND USE 6?tDf PLANNED LAND USE 17D"
DESCRIBE THE CONDITION OF THE AREA THAT YOU PLAN TO CONVERT
ACREAGE/DIMENSION INVOLVED V O K -3j 6 D '? a
NON-AGRICULTURAL PURPOSE (for example: aquaculture, houses, road, etc.) bjZZAQ
ANTICIPATED DATE ALTERATIONS WILL BE COMPLETE & PLAN IMPLEM'E/NTEDJ 4 ?? rn wt. 7 0
PLANNED COVER FOR THE AREA 126AO C0 d- n(' 1M40f gr
OTHER COMMENTS (add anything you feel will be important to the approval of this plan)
NC) e dpi 4 /J1 ') L) e co e'm Llrll? OY'4) P U ) /l-kI-e n4 0-11 o A?2--^
( PRODUCER'S SIGNATURE ` / -DATE f:? - 16 " Y
\ ++ssssssssss+sssrsssrssssssss+sss s?ssssss•sssssssss+ss+s+sssssss++++•ssss•
FOR AGENCY. USE ONLY
PLAN APPROVED: AS SUBMITTED WITH CONDITIONS
PLAN NOT APPROVED
CONDITIONS FOR APPROVAL
SIGNATURE DISTRICT CONSERVATIONIST
DATE
TERMS OF APPROVAL
1. THIS EXEMPTION IS VALID FOR A PERIOD OF THREE (3) YEARS FOLLOWING DATE OF
APPROVAL BY DISTRICT CONSERVATIONIST. IF PLANNED ACTIVITY IS NOT COMPLE'T'ED BY
THIS DATE, THIS EXEMPTION IS VOID. PRODUCER MAY RE-APPLY FOR A NEW CWNA.
2. FAILURE TO FOLLOW THE APPROVED PLAN WILL CAUSE THE AREA TO BECOME
CONVERTED WETLAND AND A VIOLATION OF THE WETLAND PROVISIONS OF THE 1990 FARM
BILL.
3. THIS EXEMPTION IS FOR FOOD SECURITY ACT PURPOSES ONLY. OTHER STATE AND/OR
FEDERAL PERMITS MAY BE REQUIRED. THE CORPS OF ENGINEERS SHOULD BE CONTACTED
PRIOR TO BEGINNING PLANNED ACTIVITIES.
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