19940104 Ver 1_COMPLETE FILE_19940506

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
APPROVAL of 401 Water Quality Certification
Mr. Ira B. Hall
1419 Brunswick Ave.
Norfolk, VA 23508
Dear Mr. Hall:
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July 5, 1994
Hertford County
DEM Project # 94104
F 01, L E
You have our approval to place fill material in 2.8 acres of wetlands or waters for the
purpose of irrigation pond creation at Barrett's Crossroads as you described in your
application dated 4 May, 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. 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.
Sincerely,
JE.
*4MstonHoward,
or
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
Charlie Hollis
94104.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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CHARLIE HOLLIS
REGULATORY CONSULTANT
138 Green Forest Drive
Wilmington, NC 28409
910/392-6833 or 799-0318
June 29, 1994
Project: Request dated May 3, 1994 for
Nationwide Permit No.26/Section 401 WQC;
Ira B. Hall; Irrigation Dam and Pond;
Hertford County, N.C.
Mr. John Dorney
Water Quality Planning
N.C. Division of Environmental Management
P.O. Box 29535
Raleigh NC 27626-0535
Dear Mr. Dorney:
199
Please refer to your recent letter to Mr. Ira B. Hall regarding
questions from your agency regarding his above referenced project near
Murfreesboro in Hertford County, N.C. Please refer also to our
telephone conversation on June 28th regarding those question.
Mr. Hall owns the farm lands on both sides of the drain in which he
wishes to build a small dam and pond to provide irrigation for those
farm lands. This work will take place in a long narrow wetland drainway
which is currently subject to continued erosion and sedimentation during
flash floods. The dam will be located at the lower end of the drainway
and will displace about 0.30 acre of wetlands. The resultant pond will
have a normal surface area of nearly 4 acres and will flood about 2.50
acres of wetlands. Water depth at the dam will be about 7 feet and
decrease to less than three feet about midway up the pond. The upper
half of the pond (slightly more than an acre) will have a normal water
depth of 1-2 feet and will provide excellent shallow water habitat not
now available in this system. The pond will provide erosion control and
stormwater retention also not now available in this area.
This is a needed project to insure the success of Mr. Hall's farm;
and we believe the added habitat diversity and soil and water
stabilization will be equally as beneficial to the environment as the
irrigation will be to Mr. Hall's lands.
Thank you for considering these additional comments in support of
this project; hopefully they will be sufficient for you to agree that
the state Water Quality Certificate #2671 is applicable.
Please contact me if there are further questions.
nc JY9
Charlie Hollis
Cy: Mr. Hall
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., RE., Director
Mr. Ira B. Hall
1419 Brunswick Ave.
Norfolk, VA. 23508
Project # 94104 ,
Dear Mr. Hall:
June 22, 1994
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The Division of Environmental Management, Water Quality Section has reviewed your plans
for wetland fill for 2.8 acres of wetlands at Barren's crossroads in Hertford County for irrigation pond
construction. Based on this review, we have identified significant uses which would be removed by
this project. These uses are wildlife habitat and pollutant removal. Furthermore, insufficient evidence
is present in our files to conclude that your project must be built as planned in wetlands. Therefore,
we are moving toward denial of your 401 Certification. Until we receive additional information, we
are requesting (by copy of this letter) that the U.S. Army Corps of Engineers and/or the N.C. Division
of Coastal Management place your project on administrative hold.
Please provide us with information supporting your position that your project must be
constructed as planned and that you have no practicable alternative to fill of these wetlands.
Specifically can you construct your irrigation pond to a smaller size, thereby minimizing wetland fill?
Any documentation such as maps and narrative which you can supply to address upland alternatives
may be helpful in our review of your 401 Certification. Please respond within two weeks of the date
of this letter by sending a copy of this information to me and one copy to our Ms. Deborah Sawyer at
the Washington Regional Office at 1424 c
Carolina Avenue, Washington, N.C. 27889.
Sincerely,
Ytla R. D orne")71 vi-L-11
y
nds and Technical Review Group
94104.1tr
cc: Washington DEM Regional Office
John Parker, Division of Coastal Management
Wilmington Office Corps of Engineers
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
I
DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit ft 26,
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 MA
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONN
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW-CO-E " Raleigh, NC 27626-0535 4 l?.eS4
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE`CCv -OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: T R A B. HALL
2. Owners Address: 1419 BRUNSWICK AVE.: NORFOLK VA 23508
3. Owners Phone Number (Home):
(Work): [phone]
4. If Applicable: ent s name r responsible corporate official, address, phone number:
CHARLIE HOLLIS
138 GREEN FOREST DRIVE
WILMINGTON NC 28409 910-392-6833
5. Location of work (MUST ATTACH MAP). County:
HERTFORD
Nearest Town or City: MURFREESBORO
Specific Location (Include road numbers, landmarks, etc.): NW of RARRF.TTmS CROSSROADS
6. Name of Closest Stream/River: MEHERRIN RIVER
7. River Basin: MEHERRTN
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS•II? YES [ ] NO [ J
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO kA
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
4 Acres
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: .30 (Dam)
Drained:
Flooded: 2.50 (Pond)
Excavated:
Total Impacted: 2.80 Acres

12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Clear pond and dam
site and construct small dam and spillway
13. Purpose of proposed work: Provide irrigation water for adjacent turf farm
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. Water source is in wetlands
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMMS) regarding the presence or any Federally listed orproposed for listing endangered orthreatened species or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [X ] NO [ ]
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 historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [6] 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? Agriculture
F. If applicable, what is proposed method of sewage disposal?
i? 3 / 9 g j!
Agent I s Ck Signature ate

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State of North Carolina IVA
Department of Environment,
Health and Natural Resources 4 • •
Division of Coastal Management
James B. Hunt, Jr., Secretary p E H N F?
Jonathan B. Howes, , SecreLats
Roger N. Schecter, Director
23 May 1994
Mr. Charlie Hollis
138 Green Forest Drive
Wilmington, North Carolina 28409
ix
REFERENCE: ACTION ID 199402636
Nationwide Permit for an
Activity Located in Hertford
County, North Carolina on Ira
B. Hall Property
Dear Mr. Hollis:
The North Carolina Division of Coastal Management has reviewed the above
referenced application for a Nationwide Permit dated 3 May 1994 pursuant to
Section 307 of the Coastal Zone Management Act of 1972 as amended. Based upon
our review, we have determined that the proposed activity is consistent with the
North Carolina Coastal Management Program provided the following conditions are
met.
1. The activity described in the above application qualifies to receive
one of the Nationwide Permits described in 33 CRF Part 330 with the
exception of Numbers 17, 21, 24 and 34 which were found inconsistent
with the North Carolina Coastal Management Program.
2. A 401 Water Quality Certification is received, where required, from
the North Carolina Division of Environmental Mar.gement.
This letter does not relieve you of the responsibility to ensure that all
other State authorization and/or permit requirements are met prior to
implementation of the project. Please feel free to contact me at [phone]
if you have any questions or need further assistance.
Sincerely,
A ?11MR-11
Terry E. Moore
District Manager
Division of Coastal Management
Washington Regional Office
TEM/pp
cc: Steve Benton - Federal Consistency Coordinator, DCM, Raleigh
,/John Dorney - Water Quality Section, DEM, Raleigh
David Lekson - U.S. Army Corps of Engineers, Washington
Wilmington District Engineer
ATTN: CESAW-CO-E
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper