19930748 Ver 1_COMPLETE FILE_19930902

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P,E., Director
September 7, 1993
Mr. Ralph Britt, Jr.
RR. 2 Box AA
Faison, N.C. 28341
Dear Mr. Britt:
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Subject: Proposed fill in Wetlands or Waters
Minimal effect, agricultural land clearing
Duplin County
DEM Project # 93748
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.25 acres of wetlands or waters for
agricultural land clearing located at tract 71541 in Duplin County as
described in your submittal dated 31 August 1993, we have determined
that the proposed fill can be covered by General Water Quality
Certification No. 2671. 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.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
1786.
If you have any questions, please contact John Dorney at 919-733-
Sincerely,
reston Howar. Jr. P. E.
93748.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
Michael Suggs; USDA, SCS
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 1 0% post-consumer paper
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Division of Enviromental Management
Wager Quality Division
Mr. John Dorney
P.O.Box 27687
Raleigh, N.C. 27611
Dear Mr. Dorney,
I am requesting a minimal wetlands effect: determination on
tract 71541 located in Duplin County. The tract has had a
wetlands determination done by SCS. The back portion of the
tract was classified as wetlands and I intend to reforest it.
The ma-ior:i-ty of the tract is classified as non-wetlands and I
would like to clear this portion. As indicated on the map
enclosed, there are four small areas totaling approximately
1/4 acre. For these areas, I am requesting a minimal effect
clearance in order to clear these areas.
If you have any questions concerning this matter, please
contact me at [phone].
Thankyou,
Ralph Britt:, Jr.
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AUG 3 1 1993
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U.S.D.A. SCSI-CPA-026
Soil Conservation Service (June 91)
HIGHLY ERODIBLE LAND AND WETLAND
CONSERVATION DETERMINATION
Name and Address of PersQq 2. Date of Repueat °;:,;x rte ?s,
C7 J - Lf
G.i S op AA 3. County Ti • t m .
C_ RE VI 4. Name of USDA Agency or Person Requesting Determination &- ? 1 5. Farm No. and Tract No.
t
car-r %u E _ uinur v monruski v 1 Au0
FIELD NO.(s)...-- ,-TOTAL ACRES -
6. Is soil survey now available for making a highly erodible land determination? Ye No Y
7. Are there highly erodible soil m units on this farm? Yes No ?
8. List highly erodible fields that, according to ASCS records, were used to produce an agricultural Commodity In any
crop year during 1981-1985.

9. List highly erodible fields that have been or will be converted for the production of agricultural commodities and,
according to ASCS records, were not used for this purpose In any crop year during 1981-1985; and were riot '
enrolled in a USDA set-aside or diversion program. ' '
10. This Highly Erodible Land determination was completed In the: Office Field ?
ace-TV1u ur WC31 gun
FIELD N-0 (a) TOTAL ACRES
11. Are there h ric soils on this farm? Y No
12. Wetlands (W), including abandoned wettands,/Or Farmed Wetlands (FW) or Farmed Wetlands Pasture (FWP).

Wetlands may be farmed under natural conditions. Farmed Wetlands and Farmed Wetlands Pasture may be !pip
.,,
farmed and maintained in the same manner as they were prior to December 23, 1985, as long as they are not '
abandoned. ? E
13. Prior Converted Cropland (PC). Wetlands that were'converied prior to December 23, 1985. The use, management,
drainage, and alteration of prior converted cropland (PC) are not subject to the wetland conservation provisions unless 3
the area reverts to wetland as a result of abandonment.
14. Artificial Wetlands (AM. Artificial wetlands includes irigation-induced wetlands. These wetlands are not sub)ert '
to the wetland conservation provisions.
15. Minimal Effect Wetlands (MW). These wetlands are to be farmed according to the minimal-effect agreement signed
at the time the minimal-effect determination was made.
16. Mitigation Wetlands 1'MIW). Wetlands on which a person is actively mitigating a frequently cropped area or a wetland
converted between December 23,1985 and November 28, 1990.

'
17. Restoration with Violation (RVW-year). A restored wetland that was in violation as a result of conversion after'!
November 28, 1990, or the planting of an agricultural commodity or forage crop.
18. Restoration without Violation (RSW). A restored wetland converted between December 23, 1985 and
November 28, 1990, on which an agricultural commodity has not been planted. , 1,
19. Replacement Wetlands (RPM. Wetlands which are converted for purposes other than to increase production,
where the wetland values are being replaced at a second site. " .', , „,
20. Good Faith Wetlands (GFW+year). Wetlands on which ASCS has determined avblatfon to be in good faith and the
wetland has been restored.
21. Converted Wetlands (CM. Wetlands converted after December 23,1985 and prior to November 28,1990. In any,
year that an agricultural commodity Is planted on these Converted Wetlands, you will be ineligible for USDA benefits.
22. Converted Wetland (CW+year).' Wetiarids converted after November 28, 1996. 'You will beInelloble, lor'Uslw `OVi f, `'
program benefits until this wetland is restored.
23. Converted Wetland Non-AgrIculturai use (CWNA). Wetlands that are converted for trees, fish production, slxubs,,,,,;v .,;
cranberries, vineyards or building and road construction.
24. Converted Wetland Technical Error (CWTE). Wetlands that were converted as a result of Incorrect determination
by SCS.
25. The planned alteration measures on wetlands in fields er9o0nsid?re d m?IeneE and are in compliance
with FSA.
26. The planned alteration measures on wetlands in fields are not considered to be maintenance and If
installed will cause the area to beoome a Converted Wetland (CM. See item 22 for Information on CW+ ear. 1:"'V'11 w3l
:CP
/21 5
27. The wetland determination was completed, in the office r-1 fieand was dellveredrl mat 'peMW :in '
28. Remarks .„F29 1 ver(((y, that the above determination, is corregcr Andade9ubtq for,use in deterntiising 3f?r,,9
eN4i6itity for USDA program benefits, and that wetlmrd hydrology, hydric soils, and
hydrophytic vegetation under normal circumstances exist on all arms outlined as
AsNe n ce and prop min of Nn 8 o N C n w V W * n t l w v k o O i l i l w09 0 nprnd to time, i
r. '
.,. ?., .. . ', i,r„ 1'r„ ;a,•? ?. i'vl ltb rr: ?: ?.•rygv??t?•
„pr; ? ?C?'I.E ? ; '"! tr E r,, .r fiVt? !?7?
Person Copy
Appeals
The conservation provisions of the Food Security Act of -1985 Rlace resppnsibility, c "I US: ? Nricutture (USDA) agencies for
making determinations which"May `have significant economic impact on farm dpeTati` ns". alr?, -
possible. However, there wiq'bersituations whgn pgmgns bell ev the rules haven it n `U Ir
denial of USDA program bppOfit. a O A MUM 1401 A -3121,40. _ m
Each agency-the Agricultural Stabilization and Conservation Service,(ASCS),.Farmers'Home Admlhistrallkel (l"-nAc trop fnsilranoe
Corporation (FCIC), and Soil Conservation Service (SCS}-has an appeals procedure for the purpoo".allowing--producem- to- fumish
evidence to support their claims that the rules have not been properij/app0ed:
Items ASCS is responsible for determining: ` .? n + r ,,. i po', , •j, tni l a; n! u,i JlC1EliE:v, mn
Appealed • whether person is a producer on a?i@Id, ?j ? r,to' b ru, . gvrt, Ito 910n
To ASCS • establishment of field bounoariPS;, ,is, 1, +
• whether land was plainted'to an agricultural commodity any of the years 1981 through 15d,, o „ by„
• whether land was set aside, diverted, or otherwise not cultivated under a program adminis4a thi biidetary, of
Agriculture; ., .,ru, r. ,Ilr,cl „4,. r', ,., i?."? 9a! 1lIW 1?) r,• , , i f,;ft ff;r 11 F'tJind %{: ?'I ,.,, ,:; ,; I' l I ,
• whether the production of an agricultural' commodity o highly, erodiblq land-or,converted,,wetlaod,by.e tenant is,
roquired ynder terms and conditions of the agreement between the landl(ir6l,?nd.teriainti+? nhia,s;-tee A(.;?.
• whether 111e agricultural commodity, planted0gid,was pltaMedire °,??rvlt)Pcf.a?l
year which began before December 23; q , .r
since
• - dw-t conversion of amculai? wetial? a5 Comrhenced-before December 23,-.1985r or converted
3, 1985 by third party.
'Dei
items 'FmHA is responsible. for determining whether,?i G,proce0$,of,any 10.0-, ii Is, insured, or9!#W"",Af# ear ci
Appealed, provision of law administered by FmHA,yrill be used for aurp?se thatiwill contribyoe toe„ ,, r , ,,,4ifaf
To Fmi•;A`? highly erodible land or to the conversion of wetland.,., h• yr,,, „1, ,,i bf,r,t,,rnisn, b„e,
Items FCIC is responsible for determining If insured Producers or thpse apPlyin? for crop iPsurarx tare In o4m?liarioe:
Appealed with the Food Security Act of 1985. " or; r,n,. f, ,,,ion , r
To FCIC
hems SCS is responsible for appeals regarding: n, .. J: A I ah„? if•a`?'i It;'
Appealed A. Highly erodible land determinations: 1 ,-.,, ,, ,•, 1,r,rlo , h
To SCS • determination of the land capability classification of afield or a portion of p field;
• determination of a predicted average annual rate of erosion for a field or a portion of a fields it , t
• determination of the potential average annual rate of erosion for a field'of'a portion of a freld:'r! ,r
• dete"ination by a conservation district, or by a designated' conservationist'in ttwse areasMr WwridConservation
disftict,exists, that a conservation system or a conservation plan,should pot be approved '. i r ti:,wr•xl :,,.,
B. Wetland determinations: P , '1 h.,aIN-w tua,h9 +Vi u I +w t !1
• determination that certain land is a "wetland" as del?in@d, by fhe Fr. ,neEr 1 t,,
• determination that certain land is a "converted wetland" as 1defined by the act;
• determination of whether the conversion of wetland for the production of an agricultural oommoi such
converted wetland will have minimal effect on the.hydlologicWlend biological aspeamofwetland r • "'?"'"`'"'k1
lrfgadiorr,, .t,, •- i
• determination of whether wetlands are exempted,as result of being prigr ponyerted,:a<tifi , pr,
induced wetlands, or wetlands farmed under natural conditions;,,, ,; !r, :,., ;,,t„ ,;.,,,,,? ?,;,,,+1?, , ..,,, •-•,'•
C. Whether SCS followed its policies and procedures.
How To You should request reconsideration by the person or committee of the agency making the initial determination
Appeal within 15 days (30 days for FmHA, and-45 days'for SCS):of the mailing of the determination
(+tj, •• 11. ' ? , 1 I" i;t ',1 ; !ihM 1.' :'. t. t ?'1+:'; h:;"t4I? l ri...,(il ,:.'.-;,ri1n61(.i il'-rilSt,fFo . I?;?1.I?IU ?aG1A f14 IC.IU ,K'•', 1( -
' Appeals of adverse decisions maybe. made to, the next level.of appeal within ,1,4. days, (30,for FMHA„agd Aft days for
SCS) of the mailing of the decision. Decisions by the highest listed authority in,p#c h p are;fift!,e?l? i?(fl !!o
further administrative appeal rights., The succession of levels for appeal fo?lnnp,' a,1:•, Wrisidem
n.,-„a ti }tr4rr•' , c
committee making the initial determination'are:
rnit[n „ 1,,v„ lm,, yniblikid io r. hirynniv rune'.,a +.,
r:,: , ? :;i' ,:•, butt . t,,,• S '? FOCFmHA:+ia i6, u1r1'Jrjf tr f,hr3:"J tN,t,?'er.n, 1 b
For ASCS
1st - County ASC Committee 1st -County Supervisor
2nd - State ASCS Committee 2nd -r D'
,, t... Olt. +?QF,
3rd -'''Deputy Administrator for State and County Operations 3rd State Direcl<or
4th - Administrator --_.._ ..... , ..
11, 1;lr,ti;;I.J V rto esuliSHfn nrAblellb bt;Gr:K,i(? t,rt
For IF=-* 1;. ,rti a l1nA?$l? il',1V,?F0?1 ?StWt?d f i A97fS eiii f v io ww twxFi1 "'i,;
1 t Field Operatio4nd_Xansas City Ap+ P _ , . «w pri i
""Area ;'iPs=1G26"ni94ft
ghd-
Board: Claims Division , 3rd - State Conservationist
3rd - Assistant Manager, FCIC Washington, DO r ' 4th D" Chief for' P..rrOggrarns
TomparWis mknL Bd by FCIC wN utlNze dm* own appeal proem.
This sheet provided Jerieral information"on'tha''appeals'procedure''Of'thFood'Secu"' ?"of'1s?85"ftblislieii''iu and{' r
,
are available at local USDA offices.
1 i i,t,-:•'., i,' nn:ni,r ,ttne, 1usn t,,, vvlrnun ,o,;,,o ..,,
AA USDA e?rty??tmns and services are?avsilable witlhoid to rains Color-'national ? lpi're`N? 4 x
programs , K, Y .;,, hvw; ' .• 3 gk?1 M'tk :iY1E111!!? 'It
1^"M•"'•' , . ,-o'" - , ..,.. L. tit -'i f.yVe, a iaaC, v7?.!?,:x+?,yp?rr' ,,

fieUnited States soil
Department of Conservation
Agriculture Service
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tin
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Dear ?21.'j G
P. O. Box 277
Kenansville, NC 28349
Telephone [phone]

Enclosed is your copy of a wetland determination for tract /S/ on which you indicated
your intent to clear some land. The attached map has been delineated to show the area(s) in
question. Each area to be cleared has been identified with a symbol to denote its classification.
Below is an explanation of the various symbols that may pertain to your map.
Y_ W - Wetland - Area is a wetland and should not be cleared for any reason, if you
wish to remain eligible for USDA programs, receive SCS technical assistance, or avoid
violating US Army Corp of Engineers' and Division of Environmental Management
(DEW regulations. Any exceptions to this statement should be in writing from the Soil
Conservation Service prior to clearing land.
NW- Non wetland - Area is non wetland and can be cleared and utilized without
violating Farm Bill. This determination of non wetland is only for Farm Bill purposes.
You may still need TJS Army Corp of Engineers and Division of Environmental
Management determinations before clearing. The Soil Conservation Service does not
have the authority to make wetland determinations for these other two agencies.
NW- Non wetland Area has hydric soils but for Farm Bill purposes only, area is
non wetland due to hydrology modification prior to 12/23/85. You still need to check
with the US Army Corp of Engineers or the NC DEM to determine if additional permits
are necessary prior to clearing.
CW - Converted Wetland after 11/28/90 - Area was cleared after 11/28/90 and is
a converted wetland. Clearing constitutes a violation of the 1990 Farm Bill. In order to
regain eligibility for USDA programs, area must be restored. Consult with the SCS
about an approved restoration plan before beginning any restoration.
If you need to clear the delineated wetlands for roads, buildings, hog lagoons or similar
activities, you can request a converted wetland 'for non agricultural use (CWNA) exemption.
If granted, this exemption would be for Farm Bill purposes only; therefore, you would still
need to contact the Army Corp of Engineers and the Division of Environmental Management.
To request a CWNA exemption, you should complete a request form at the SCS office. It will
take approximately 40 days to get this exemption approved once you give this office the
request. Do not start any clearing of wetland prior to receiving written notification from
this office that your CWNA request has been approved. Also you should not start clearing
until you have received approval from the Army Corp and DEM. All three permits must be
received and approved prior to clearing any wetlands.
I have tried to make this determination as fairly as possible. However if you believe this
determination is incorrect, you have the right to appeal. To appeal send me a brief letter
explaining why you believe this determination is incorrect. Send the letter to the address on
the letterhead. This letter should be received within 15 days of your receipt of this letter.
The"Conaervalion Servica
4_)j is an agency of the
Department of Agriculhxe
Sincerely,
ml ? - ? P t . i "IN
Michael 9. Sugg
District Conservationist
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINE
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
W Ii
December 20, 1993 ` , I^'A7 I?
IN REPLY REFER TO
Regulatory Branch
Action ID No. 199400441 and Nationwide Permit No. 26 (Headwaters and Isolated
Wetlands)
Mr. Ralph Britt
Post Office Box 188
Calypso, North Carolina 28325
Dear Mr. Britt:
Reference our November 12, 1993, letter, requesting a location map of your
proposed clearing of approximately 0.25 acre of wetlands adjacent to Cow Hole
Branch, a tributary of Goshen Swamp, off of SR 1306, east of Faison in Duplin
County, North Carolina.
Mr. Jeff Richter of my staff has reviewed your plans and determined that
your project is located in the headwaters of Cow Hole Branch. As less than one
acre of wetlands will be impacted as a result of this activity, your work can be
authorized by our Nationwide Permit No. 26.
For the purposes of the 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. 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,
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. Richter, Wilmington Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
p ?L? 9UU .s
0 1993
n Psi: -
G. Wayne Wright
Chief, Regulatory Branch

-2-
Copies Furnished (without enclosure):
Mr. Steve Benton
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
?r. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. Michael Sugg
District Conservationist
Duplin County Soil
Conservation Service
Post Office Box 277
Kenansville, North Carolina 28349