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HomeMy WebLinkAbout20061841 Ver 1_Application_20070105O~o~ W AT F9pG r ~ _ i . =i o ~-- < Michael F. Easley, Governor William G. Ross lr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E., Director Division of Water Quality November 28, 2006 CERTIFIED MAIL: RETURN RECEIPT REQUESTED Tony McNeill 523 Old Church Road Swansboro, North Carolina 28584 P~ Il~~i C^~T RECEIVED Subject Property: McNeiIl: Farm Pond Old Church Road Dear Mr. McNeill: Carteret County DWQ # 06-1841 _ ___ ----- _ __ - -On November 27; 2000rthe NC ~ivisiarrof~ltater-Quatity~DWQ) recetved a copy of the Corps of Engineers Public Notice for Farm Pond project. The comment period ends December 21, 2006. An Individual 404 Permit will be required for this project. Please note that the following must be received prior to issuance of a 40I Water Quality Certification: 1. The 401 Certification cannot be processe the DWQ Central Office in Raleigh along with the appropriate fee. Please note that beginning January I, 1999, the N.C. General Assembly passed legislation requiring payment of a fee for a11401 applications. The fee for applications is $200 for projects impacting less than an acre of wetland and less than 150 linear feet of streams. For projects impacting one or more acres of wetland or I50 linear feet of streams, d!1"~ Until the information requested in this letter is provided, I will request (by copy of this letter) that the Corps of Engineers place this project on hold. Thank you for your attention. If you have any questions, please contact Ian McMillan or me in the Central Office in Raleigh at (919) 733-1786. (~'`~ ~i (~ (~ 0 ~ `-=-' ~-'~< Ll`~6 5 D Sincerely, JAN ~ ~0(l7 . cam..-r al:v~,: ~„ii w~ UUHL.ITY Cyn i Karoly V4ET-ANgS Ai~tq 57pRMyy~1°l~811RAMCII 401 Oversight/Express Permitting Unit CBK/ljd cc: Corps of Engineers Wilmington Regulatory Field Office ~~ O Noelle Lutheran, DWQ Wilmington Regional Office ~ '' File Copy ~ e 5 Se~T Central File C O ~~ ~~ ~~°~~ ~ CK~ 'q~,i N. C. Division of Water Quality, 401 Wetlands Certification Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtrce Blvd., Raleigh, NC 27604-2260 (Location) 061841 TMcNeil!_FarmPondOldChurchRd(Carteret)_Hold_1P_Sets_Fee ~'4- ~DEI~ ola - t84 i _. APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL N0. 0710-0003 /33 CFR 3251 Expires December 31, 2004 The Public burden for this coNectiori of information is sestimated to average 10 hours per respor-se, ahhough the majority of applications should require 5 hours or bas. This includes the tkr» for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of thb colection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Ssrvics Directorate of Information Opsratiorn and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no person shall bs subject to any penalty for failing to comply with a collection of information ff it does not display a curcantly valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed appNcat'wns must be submitted to the Distrkt Engineer having jurisdiction over the location of the proposed activity. • PRIVACY AC? STATEMENT Authorities: Rivers end Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection ,Research and Sanctuaries Act, 33 USC 1413, Sectbn 103. Principal Purpose: Information provided on this form wNl be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, end bcal government agencies. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. Ons set of orig'u~sl drawings or good reproducibb copies which show the bcetion end character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in fuN will be returned. 1. APPLICATION NO. ~ 2. FIELD OFFICE CODE ~ 3. DATE RECEIVED ~ 4. DATE APPLICATION COMPLETED //TFYC RF/ nW TA RL ~!! f Fn RV dPD! !/`dA/T1 5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE /ensnentanorivauvedl o K ~' • ~ 1 6. APPUCANT'S ADDRESS d ~ ~ ~ 9. AGENT'S ADDRESS s Z3 °`' ~ `~'`~` ` '~ ' RECEIVED SwRa-Sbo~'o rJ• c• 7.. APPLICANT'S PHONE NOS. W/AREA COD 10. AGENT'S PHONE NO . W/AREA COD a. Residence ' S p1 .'~ 9 3 " ~ a. Residence b. Business ~ b. Business 11. STATEMENT OF AUTHORIZATION I hereby authorize, to act in my behalf as my agent in the processing of this application and to tarnish, upon request, supplemental information in support of this permit application. r JA ,~ APPLICANT'S SIGNATURE DATE NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE rsxin~srnecr/ons.. 1-w~ (•ro ~ cJ S ~ R D ~ ~ af~k t'1eJ . ~t>J 14.>< S ~ ~ ~ N• C . 13. NAME OF WATERBODY. IF KNOWN ar~,,,as.n,~~ i 14. PROJECT STREET ADDRESS rrtspprraotr 15. LOCATION OF PROJECT FA>~~ j~-1cFe~te Sa 3 d ~ ~ C ~. rrtlrc~ COUNTY STATE ! 16. OTHEA LOCATION DESCRIPTIONS, IF KNOWN, rseehurvcrlorx! 17. DIRECTIONS TO THE SITE ':~ l:P '_~' ~"'""' ` Nw `~ b 8 S' M: /1/o f ~ k C/4 Pc ~fl F-fet e-F ~1 wll~,fv ~ 1~J07 `/~~k~ ii~Kl'}b` ixl~?(1 !i i f jf, {r~lYv?~ t h G jjF7 u EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR) 18. Nature of Activity (Oeuariprion o/ project, iuriitle d/ fesrures~ . $e t lG}'}4'IR C~cct 19. Project Purpose /Demibe tlx reason or pvpase a/ the project, see imvuc~ars/ Qe riol Fo t- ~.~ ~ t s} o t k W A ~a h: ~[S lirlr - 9 ~q}; fl~~ f% ~ ~ Sea~'n>f en/ f r LvW j,~l •Fo fl. ,J ~ • ~ Ae1 Fo t /l7AalEi ~-c f ~/ ~ C h•rr 4c C MrP SS: ~li~. USE BLOCKS 20-221F DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reasonls) for Discharge Sea #~ /8 ~IMAeticcf 21. Type(s) of Material Being Discharged and the Amount of Each Tvoe in Cubic Yards Sp'~ ~'C~-'i rlroN-. ~t•c p. t AcFt ~,tet~ m~. 5Kg9 22. Surface Area in Acres of Wetlands or Other Waters Filled rseeLamcrnensl 23. Is Any Portion of the Work Already Complete? Yes No tF YES. DESCRIBE THE COMPLETED WORK $e¢ !~ 18 A{~4Ackee~ 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adpins the Waterbody (ff more than can be entered here, please attach a supplemental list). ~~p ~ 25. List of Other Certifications or Approvals/Dsnials Recaiwd from other Federal, State or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED nsTE nENiFn 'Would include but is not restricted to zoning, building and flood plain permits 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that i possess the authority to undertake the work described herein or am acting as the dilly authorized agent of a applicant. _ ~•ae-ob SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE The application must be signed by the person who desires to undertake the proposed activity (applicanU or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than S 10,000 or imprisoned not more than five years or both. ~' 1'8 pa ~scl ~ww~. i oo~ -f- 3 u"' ~ a , 1 t~- c t e ~:N MR~tY:~l-ti. FrOht~. $~}G 1-0~-~~ ~~~ a~ 1?'.Pe ~,i~c~ ui-lrk F?tb ~r: c1c -~- ~r ~ ~~ ~,ti~ 1~c ~ ~d e o -F ~A w•. $ec~lec/ /3~ti~~ ~ rats s 13er anucta Q,~ e S i ~'~' ~Crl c e f4 c -- o S 3 ~ 13A~f-' Sie~~ o -~ 1, ~ ~. Owner: Mr. Tony McNeill NOT TO SCALE January 7, 2005 MTS ~~ Pasture SR 1104 (Old / ~ 135' by 3.5' dike And culvert to be I pFc~~ ~~ ~.rr~a~-r~~ wAS~eJ ~ . ~~ ~ ~I Pasture n& ce area r ~ 18 Paad '~~w~. too' t 35 ~ o. l r~,ct e ~:N M~.~rcY~d~.~. Fro hr- ~i~G 1-ow a ~- E ~ ~ a ~ ~ti Pe j, i a ee~ cs i -~ 1~ ~tb 1r: ~1c -~ ~ v ~~ ~,t-a.1rc $ id C o -~ ~A w•.. ~ee~(e~/ /~•~ ti ~ ~ t..~ rM4 s s t3 e~ ar~acl a ~~ e o f ~~,~ North Carolina Environmental Indicators -Natural Resources Page 1 of 3 ~'~ F ~ ~^~ Wetlands Alteration in North Carolina It is estimated that North Carolina originally had slightly more than 7 million acxes of wetlands. The analysis done by DEM estimates that there were approxirrrateiy 4.7 milion acres of unaltered wetlands in 1993. This equates to an alteration of 34% of the original coastal wetlands (supporting fuN use) in North Carolina. The change from the estimated original acreage of wetlands (Frisborical) to the amount of acreage pn3sent in 1993 for each of the designated use categories is shown in Figure 1. A t~reakdown of supporting wetlands categories, for historical verses 1993, is shown in Figure 2. r~io.s of Aces ~p>~ ~s ^ sa~oruy Figure 1. Wetland fesignated Use Support, Historical vs. 1983 As Figure 1 indicates, 66% of the original wetland acreage supported designated use in 1993; partially supporting wetlands, which are pine plantations, accounted for 13% of the historical supporting acreage; and 2196 of the historical acreage was nonsuppor ling acme, a comp1eto loss of wetland function. o,~s o~ _ ._. _. • t 2 3 4 Figure 2. Supporting Designaiyed Use by Wetland Category, Historical vs.1993 Figure 2 indicates that the largest changes occurred in pine savannah, wet pine flaiwood, and pocosin wetlands. httn•//www nennc fan ~i/cPOi»/ctatPC/T~T!`/alt html Z/St/~nt1~ historical ~ 1lSS North Carolina Environmental Indicators -Natural Resources Page 2 of 3 Much of the changes in pine savannah and wet pine flatwood are actualy cornersions rather than losses or gains. Otiginaly, there were ony approximately 28,000 acres of wet pine flatwood in North Carolina, but after European settlement, when fire suppression became a widespread prac~ce, ab'rrost aR of the original pine savannah wetlands developed into wet pine flatwoods. Thus, if the number of acres of wet pine flatwood converted by 1993 is added to the amount of pine savannah acreage remaining in 1993, a more acxurate picture is gained regarding the k-ss of original pine savannah wetlands (Figure 3). M~oas of penes Figure 3. Loss of Original Pine Savannah Wetlands If this cornersion is taken into acxrount, then the foNowing table shows the bss of original supporting coastal wetlands, according to wetland type, by 1993: Aetland Type Loss Salt Marsh 12.4$ Pine Savannah 38.5$ Pocosin 52.0$ Bottomland Hardwood 18.5$ Swam Forest 13.2$ '~1'~y'~°~, of scale. The 1993 DEM anaysis considers that there were no original wetland ponds (exck~ding beaver dams) ~fundions..~. They are also not shown in the above table since As previousy discwssed, pine plantations account for all partiaiy-supporting wetlands. However, nonsupporting wetlands can be txoken down by impact, either agriculture or urban deveompment (Figure 4). Thus, in 1993 agricultural impacts accounted for 8 4% of aN nonsupporting coastal wetlands while 1696 was due to urban development. 123MM 1MMM Ilertrd~xs dr!Ip~s 761MM. ~~ 1ti46 Figure 4. Nonsupporting Wetlands, by Type of Impact, 1983 htlp://www.peeps.fsu.edu/setlip/states/rlC/alt.html 3/8/2006 fietonicar 1'.r~ Carteret Soil ~ Water Conservation District PO Box 1251100 Pollock St. Beaufort, NC 28516 Ph: 252-728-4078 Fax: 252-728-7637 March 29, 2006 Tony McNeil 523 Old Church Rd. Swansboro, NC 28584 ~ ~ ~~ 1j l„~ ~ D SAN ~ zoos ~TIAAI~~` ' WATER QU Akp STC~i,~yy~ R BRAAICH On March 29~', 2006 I met with you and Mickey Sugg with the Corp. of Engineers, to take a look at a pond Located behind your cattle barn. According to calculations, this pond will provide 1.34 acre inches of water for irrigating the 45 acres of pasture that you have available. This pond and all the other ponds on the farm are in the most practical location on the landscape in which to impound the most water possible. I understand that by building this pond, it will actually reduce the sediment flow urto Hadnot Creek by acting as a settling pond for any animal waste from cattle. Since you are planning to use each pond area to be grazed separately, on a rotational grazing schedule, each pond is needed for a water source for cattle. The water source is needed because the cows are fenced out of Hadnot Creek, which will in turn help keep the creek clean. The pasture and pond area around your house will not have animals on it. All the areas that are disturbed will need to be seeded and stabilized. A map is included showing each pond and pasture area. If I can be of further assistance on this matter, please contact me at the number above. ~~ Todd Kelly District Technician '~k7:AJJl3:; Ah"0 S'fGR1+~NATER BRANCH 77°5'30"W 77°5'24"W ~~ ~ ~ ~ iQ' '{ 'L 4~ P ~ .~„,,, 1 '} ~. ,: ~~ ff„„ ~~ ~ ~ '.: lAr~F~ ;~ 77°6'18"W 77°5'12°W 7T°5'6"W 77°5'0"W . ~ ~ ~ ! ~' _ F .: Moe 4 3~~ ~ ~ ~P '^ T" u~~ S i t l 1 t ~ ~ ..I '. y1•6~-7 r Yy rt .. :~ ~ r~ !.. if ~ k '~i.Y~l` E ''~ ~//~`'~°~° Ante .~~ h ~, °„~~ ~ ! ~~ A ~ s ~ - _ .f .. . 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