19940881 Ver 1_COMPLETE FILE_19940922

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.
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WOOL
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December 27, 1994
Duplin County
DEM Project # 94881
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Philip Gurganus
428 Bear Pond Road
Richlands, N.C. 28574
FILE COPY
Dear Mr. Gurganus:
You have our approval to place fill material in 1.0 acres of wetlands or waters for the purpose of
hog house construction at SR 1827, as you described in your application dated 17 November 1994.
After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Number 2671. This certification allows you to use Nationwide Permit Number 26 when it
is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification. The
lagoon shall be constructed in uplands and wetlands shall not be used for spray application of
wastewater. In addition, you should get any other federal; state or local permits before you go ahead
with your project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 30 days of the date that you receive this letter. To ask for a hearing,
send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Domey
Central Files
94881.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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cc: Regional Office
Central Files
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DEM ID:
RECEIVED
ACTION ID: DEC 2 C
Nationwide Permit Requested (Provide Nationwide Permit #):
JOINT FORM FOR
Nationwide permits that require notification to the Corps of
Nationwide permits that require application for Section 401 c
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 MAN,
NC DEPARTMENT OF ENVIRONMENT,
AND NATURAL RESOURCES
P.O. Bor. 29535
Raleigh, NC 27626-0535
ATTN: MR. SOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL
PLEASE PRINT.
1. Owners Name:
2. Owners Address
?Co
Co
NOV 1 7

3. Owners Phone Number (Home): Ccl\Ol &t1-7,,MnDS (Work): _(g1o'\ t\s1- I?R\?
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County:
Nearest Town or City: W 0-\\Os e_
Specific Location (Include road numbers, landmarks, etc.): .S a F S? . 9--a . Aa-l l?1
6. Name of Closest Steam/River:
7. River Basin: . ,\2. 0-
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or(WS II? YES [ ] NO [M'
9. Have any Section 404. permits been previously requested for use on this property? YES [L` NO [ I
If yes, explain. Z?M C O?A ct Q -AaC?CI b , e tt _ ?u?
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: \ 0. Cw e-
Drained:
Flooded:
Excavated:
Total Impacted: CLC-y e. '?-
r?
12. Description of proposed work (Attach PLANS-8 1/2" X 11 drawings only):
13. Purpose of proposed work: 4o e-oyst i-cAn:A .:3 Q daV i D A)a l hlu houses ad&
1-Q9.ooN
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts.
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? . YES [ ] NO[ V
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of histo i
properties in the permit area which maybe affected by the proposed project? Have you done so? YES[ ] NO [ V
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 projec? attt h copy.
E. What is land use of surrounding property? 10QS 6-eM
F. If applicable, what is proposed method of sewage disposal?
Owner's Signature Date
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DEM ID: (?O 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 WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGE , 'f L v;; Ij' r
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HE
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Boy. 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535 NOV 7 1994
Telephone [phone] ATI N: MR. JOHN DORNEY
Telephone [phone] WA EET1;4fvS?Grr
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORP `
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name:
2. Owners Addres
3. Owners Phone Number (Home): CR\6l &ttF. a, b5 (Work): (910) ys?- IA\g
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: _ fl r e \1 a u s\? a tnci+?? d
Nearest Town or City: W p-. \cire_ P(-..
Specific Location (Include road numbers, landmarks, etc.): S o F SA . Q.a . Aa-1 n1
?u O\+t?1 ? • c n+N\tJq f)?)??G??) C? . ? l NP_
6. Name of Closest Stream/River:
7. River Basin: yen V-
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS 11? YES [ ] NO (a]?
9. Have any Section 404 permits been previously requested for use on this property? YES [v]' NO [ ]
If yes, explain. '6M (q?N R 6) - aC?Q A (t t, e t, ?? ?u?
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: .4PP,2o?G
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0 eO iJ F Ae e& 3
1,0
Drained:
FrA
Flooded: a
'Excavated:
TotalImpacted:(b QAJAc- 4C.19 =' -
State of North Carolina
Department of Environment,
Health and Natural Resources' •
Division of Environmental Management
James B. Hunt, Jr., Governor ? E H N F?
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
September 26, 1994
FILE COPY
Mr. Philip Gurganus
P and E Farms
428 Bear Pond Road
Richlands, N.C. 28574
Dear Mr. Gurganus:
Re: Minimal effect land clearing
Duplin County
DEM # 94881
The Division of Environmental Management has reviewed your
submittal for a 404 permit for a minimum effect land clearing, Duplin County. Your
application was not complete since a completed application form was not included Also
please provide information describing how this project differs from one approved by DEM
(94396) on 7/20/94 for 0.2 acres of wetland impact for house and hog lagoon construction.
I can be reached at 733-1786 if you have any question. Until this information is
received, I will request (by copy of this letter) that the Corps of Engineers place this project
on hold.
Sincerely,
qo R. omT ey
94881.hld
cc: Wilmington DEM Regional Office
Wilmington District of COE
Wilmington Field Office COE
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
3
Mr. John Dorney
Water.Quality Section
Division of Environmental Management
Raleigh, N. C. 27626-0535
Subject: Minimum Effects on Wetlands
Dear Mr. Dorney:
September 17, 1994
I would like to apply for a minimum effects permit on
wetlands for approximately (2) .5 of an -acre. I want to ex-
pand my hog operation and need to clear approximately 2 acre
to construct hog houses on. The lagoon can all be located on
high ground and outside of the wetlands.
Oiy?81
Your attention in this matter will be greatly appreciated.
Sincerely,
Phillip M. Gurganus
PG/eg
Enclosures: Aerial Photo of Property
County Map
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