HomeMy WebLinkAbout19960845 Ver 1_COMPLETE FILE_19960830State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. David G. Herring
P.O. Box 224
Newton Grove, NC 28366-0224
Dear W. Herring:
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I D EHN1?
September 18, 1996
Johnston County
DWQ Project # 960845
You have our approval to fill in 0.32 acres of wetlands or waters for the purpose of pond construction
at SR 1122, as you described in your application dated 28 August 1996. 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 60 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 Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
HIV J-
sto oward, Jr. P.E.
Attachment _ _
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Dotney at
Central Files
960845.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
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USDA. NATURAL RESOURCES 806 NORTH STREET
CONSERVATION SMITHFIELD, NC 27577-9998
SERVICE TELEPHONE 919-989-5381
August 28, 1996
John Dorney
DEHNR
Division of Water Quality
P.O. Box 29535
Raleigh, NC 27626-0535
Dear Sir:
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Mr. Ricky E. Herring of 1154 Woods Crossroads Road in Benson
is requesting 401 Water Quality Certification for a proposed
irrigation pond. The pond will affect approximately 0.3
acres of wetlands. Part of the clay from this pond
construction will be hauled offsite to line an animal waste
lagoon. The remaining spoil will be spread on high ground.
Documentation from the US Army Corps of Engineers is
attached.
I need a copy of this 401 Water Quality Certification or a
written document stating that this proposed project is
exempt. This information is needed to process a Converted
Wetlands for Non Agriculture use request for Mr. Herring to
prevent him from losing USDA Program benefits.
Your prompt attention to this request will be greatly
appreciated
C'??
Kenneth C. York
District Conservationist
enclosure
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO r,
ATTENTION OF cw
August 27, 1996
Regulatory Branch
Subject: Action ID No. 199602319, Farm Pond Exemption
Mr. David G. Herring
Post Office Box 224
Newton Grove, North Carolina 28366-0224
Dear Mr. Herring:
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Reference the August 22, 1996 letter to Mrs. Jean
B. Manuele of my Raleigh Field Office staff from the Natural
Resources Conservation Service (NRCS) regarding your proposed
construction of a farm pond adjacent to an unnamed tributary to
Mill Creek on your property, Farm Tract #3919 (approximately 86
acres), located off S.R. 1122, approximately 0.5 mile from the
junction of S.R. 1132, north of Newton Grove, in Johnston County,
North Carolina.
The NRCS has determined that your proposed 0.32-acre pond is
of a reasonable size for its intended use. Construction of farm
or stock ponds is exempt from regulation by Section 404 of the
Clean Water Act provided the work does not convert an area of
waters of the United States to a use not previously served, and
the flow or circulation of waters of the United States is not
impaired or the reach of such waters is not reduced. Please note
that the second restriction stated above requires excavated
materials to be placed on adjacent high ground where possible.
If excavated materials must be placed within wetlands, this
material can only be placed in discontinuous piles, thereby
allowing for the free exchange of water between the pond and
adjacent wetlands. A Department of the Army (DA) permit will not
be required for construction of your pond provided your work
meets these stipulations.
If you have questions, please contact Mrs. Jean B. Manuele,
Raleigh Field Office, telephone (919) 876-8441, Extension 24.
Printed on 9 Recycled Paper
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Sincerely,
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S. Kenneth Jolly
Manager, Raleigh Regulatory Field
Office
Copies Furnished:
Mr. Kenneth C. York
District Conservationist
Johnston County Natural Resources
Conservation Service
806 North Street
Smithfield, North Carolina 27577
Mr. Calvin Genereux
Planning Director
Johnston County Planning and
Inspections Department
Post Office Sox 1052
Smithfield, North Carolina 27577-4194