20010479 Ver 1_COMPLETE FILE_20010425

State?of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James'B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T Stevens, Director
Mr. AIIenjRay Stallings
25700 Highway 561
Enfield, NC 27823
Dear Mr. Stallings:
1 ? •
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 27, 2001
DWQ # 010479
Halifax County
i
On March 19, 2001 the Division of Water Quality (DWQ) was notified by receipt
of your applications regarding your plan to impact 4.98 acres of irrigation pond and
repairing the dam for another pond at your property wetlands for the purpose of
excavating pond construction in Halifax County. Approval from DWQ is required to
disturb these wetlands for the dam repair only. The excavation of the new pond is
exempt from wetland rules (per 15A NCAC 213 .0230) as long as the Corp's conditions in
their December 6, 2001 letter are followed. Please provide a check for $200.00 made
out to the !North Carolina Division of Water Quality to accompany your applications for
the dam repair under Nationwide Permit 18. Until the Certification for the dam repair is
issued, this activity cannot occur. In particular as described in 15A NCAC 213 .0502, we
will require, you to locate all streams and ponds on the property. Please show these on
maps of suitable scale (for instance 1" = 100 feet) so we can begin to determine your
projects' compliance with 15A NCAC 2H .0500.
Please call me at [phone] if you have any questions or would require
copies of ',our rules or procedural materials. This project will remain on hold as
incomplete'; in accordance with 15A NCAC 2H .0505(c). The processing time for this
application will begin when this information is received. If we do not hear from you by
writing with n three (3) weeks we will assume you no longer want to pursue the project
and will consider it withdrawn.
- i cere - - - -
rnR. Dorney
Cc: Raleigh DWQ Regional Office
Raleigh Corps of Engineers
File Copy
Central Files
Wayne !,Short; Soil and Water Construction District
Wetlands/401 Unit • 4401 Reedy Creek Road • Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer
50% recycled/ 10% post consumer paper
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State of North Carolina
Department of Environment
and Natural Resources
DivisO of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
III, .
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Dear Mr.l I ; a. 'I 1 0,
V' r U ?Yl
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On MAW `'"` the Division Water Quality (DWQ) J?wa notified by 1 e et of your p aPPlications regardinb a your Plan to wetlands for the Pur ose in { County.
Approval!i from DWQ is required to disturb these W Please provide seven copies of the PQ
following information and refer to the DWQ # listed ab ve in your ly. In particular as
described in 15A NCAC 213 .0502, we will require you to I ate al reams and ponds on the
ai-
property. j Please show these on maps of suitable scale (for it rice 1" = 100 feet) so we can ux-
begin to determine your projects' compliance with 15A C H.0500.
Please call me at [phone] if you e any que tions or would require copies of (((??J
our rules or procedural materials. This pr ' will remain on hold as incomplete in accordance
with 15A',NCAC 2H .0505(c). Th ocessing time b?y' r thi application will begin when this
information is received. If w o not hear from you wr . ing within three (3) weeks we will
assume you no longer w to pursue the project and will co sider it withdrawn.
Sincerely,
ell` tLek *ZD John R. Dorney
t CO
C ` DWQ Regional Offic e. ui
q?? I Corps of Engineers ?_ . -k4-
Fite Copy
Central Files
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Wetlands/401 Unit •
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QKCct?o?? ? 1?2 01 Reley Creeiead • Raleigh, North Carolina 27607
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SECTION 11. WETLAND
FIELD NO.(s) TOTAL ACRES
-11. Are there h dric soils onIthis farm? Yes No ?
12. Wetlands (W), including 6andoned wetlands, or Farmed Wetlands (FW) or Farmed Wetlands Pasture (FWP).
Wetlands may be fanned under natural conditions. Farmed Wetlands and Farmed Wetlands Pasture may be
0
4
farmed and maintained in the same manner as they were prior to December 23,1985, as long as they are not GU v
4
abandoned.
13. Prior Converted Cropland (PC). Wetlands that were converted 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
the area reverts to wetland as a result of abandonment.
14. Artificial Wetlands (AW). I Artificial wetlands includes irrlgation-induced wetlands. These wetlands are not subject
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 (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.
19. Replacement Wetlands (RPW). 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 a violation to be in good faith'and the
wetland has been restored.
21. Converted Wetlands (CV). Wetlands converted after December 23, 1985 and prior to November 28, 1990. In any
year that an agriculturat commodity is plantedon these Converted Wetlands, you will be ineligible for USDA benefits.
22. Converted Wetland (CW+year). Wetlands converted after November 28,1990. You will be ineligible for USDA
program benefits until this,wedand is restored.
23. Converted Weiland Non-Agricultural use (CWNA). Wetlands that are' converted for trees, fish production, shrubs,
-cranberries, vineyards or building and road construction. I
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 are considered maintenance and are in comailance
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 become a Converted Wetland (CW). S21 m e22 for information on CW+ye
27. The wetland determination "was completed in the office 0 field and was delivered? mailed i the person on
28. Remarks. Only those fields marked ca ASCS aapl If eligibility for USDA benefits Is to be -This farm contains Hydric Soils. A wetlands
were checked. maintainee, T., approved conservation plan
determination will be required before draining,
If eiigibili? I y for USDA bene='ts Is to be main- Is require, -•7tore a crop is planted for clearing, or otl;er alteration of a wet area
tained, aq approved conservation plan Is fields Identified on line 9. for the purpose of planting an agricultural
required on the fields identified on line 8. enmmorilty
I certify that the above determination fs correct and adequate for use in determining
bility for USDA program benefits, and that wetland hydrology, hydrie soils, and
` tic vegetation under normal circumstances exist on alt areas outlined as
'zrmed Wetlands and Farmed Werlar '
Ad program of the Soll Conservathcull
i
I SCS-CPA7026 1. Name and Address of Person 2. Date of Request
Soil Conservation Service (June 91)
3. County
HIGHLY ERODIBLE LAND AND WETLAND
CONSERVATION DETERMINATION
4. Name of USDA Agency or Person Requesting Determination 5. Farm No. and Tract No
SECTION I - HIGHLY ERODIBLE LAND
I FIELD NO.(s) TOTAL ACRES

6. is soil survey now available for making a highly erodible land deter ation? Yes [j No ?
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 not
enrolled in a USDA set-aside or diversion program.
10. This Highly Erodible Land determination was completed in the: Office Field ?
SCS DistrictCon erolist I31. Date
t regard to race, religion, color, sex, age, or handicap.
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DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: I
Applicant/Own6,C-Alk Q_ R A f` Date: ^ % - J6 - .46,
County:
Investigator: t I
- State: ltd
iv
Do Normal Circumstances Exist on the site? Yes No
W
Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes No' Transect ID:
Is the area a potential Problem Area? Yes Plot ID:
(if needed, explain on reverse.)

I
VEGETATION yI
L%1 , _?ho. rv. e
cies
a
e
Dominant Plant S Stratum Indicator Dominant Plant Species Stratum Indicator
f
?
?
A 9.
2.-A I Yv L i. S'¢rr f4c0 10.

4. b ®'A w` 0' DR L 12.
5. !
I 13.
6, _ 14.
7.
16:
Percent of Dominant Species that are OBL, FACW or FAC
' d L)
(excluding F
AC-). ?_ .
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks) Wetland hydrology, Indicators:
_
Stream, Lake; or Tide Gauge PrimaryAndicators:
Aerial Photographs
Other ?JJ Inundated
Satur0ted.in.Upper.12 Inches
No Recorded Data Available Watermarks
Drift Lines
I Sediment Deposits.
Field Observations: Drainage Patterns in Wetlands.
Secondary Indicators (2 or more required):
Depth of Surface Water: (in.} ? Oxidized Root Channels in Upper 12"
Water-Stained Leaves
Depth to Free Wate
in Pit: (in.) Local Soil Survey Data
? FAC-Neutral Test .
Depth to Saturated Soil: (in.? Other (Explain in Remarks)
Remarks:

4
SOILS
Map Unit Name
I
(Series and Phase): -j-
Drainage Class:
Field Observations
Taxonomy (Subgroup): Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Colors . Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.

L ?. s C-
j?-ZJ C 2 !b SL V
Hydric Soil Indicators:
Histosol _ Concretions
_
Histic Epipedon - High Organic Content in Surfa ce Layer Sandy Soils
Sulfidic Odor _ Organic Streaking in Sandy Soils
Aquic Moisture Regime _ Listed on Local Hydric Soils List
Reducing Conditions _ Listed on National Hydric Soils List
_ Gieyed or Low-Chrorna Colors _ Whar (Explah, in Rw-mnarks)
Remarks:t
WETLAND DETERMINATION
cle) (Circle)
No (Cir
Hydrophytic Vegetation Present? Ce
Wetland Hydrology Present? No
Hydric Soils Present? / No Is this Sampling Point Within a Wetland? 'es) No
Remarks:

c
11
by HOUSACE 3/92
I P.
. DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: I Date: -to -00
Applicant/Ownetr: - 77777- -'r-1 County: Hai , it X
C
N

I W;

i M
A
Investigator

_1

.

State:
Do Normal Circumstances Exist on the site? . No
(t t" L
Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes Transect ID:
Is the area a potential Problem Area? Yes No Plot ID:
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum indicator
- . 4-.:. !
- 9.
r
1.
2. 1 r nn 10.

? C LA
11.
c
-
3.
Q _C ,,-
4. (? c La
B?
12:
5. 13.
6. _ 14.
7. 15.
8.
16.
Percent of Dominant Species that are OBL, FACW or FAC O
(excluding FAC-).
Remarks:
HYDROLOGY !I,
;I
Recorded Data (Describe in Remarks):
Wetland hydrology Indicators:
_
Stream, Lake, or Tide Gauge Primary Indicators:
Aerial Photographs Inundated
Other Saturated in Upper 12 Inches
No Recorded Data Available Water Marks
"?-
Drift Lines
Sediment Deposits
Field Observations: Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface Water: (in.) Oxidized Root Channels in Upper 12"

Depth to Free Water in Pit: 20 (in.) Water-Stained Leaves
Local Soil Survey Data

?? FAC-Neutral Test
k
(in.)
Depth to Saturated Soil: s)
Other (Explain in Remar
Remarks:
?
Y4
I

SOILS
Map Unit Name D
(Series and Phase): Drainage Class:
Field Observations
Taxonomy (Subgroup): Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.

Hydric Soil Indicators:
Histosol _ Concretions
_
_ Histic Epipedon _ High Organic Content in Surfa ce Layer Sandy Soils
_ Sulfidic Odor Organic Streaking in Sandy Soils
- Aquic Moisture Regime _ Listed on Local. Hydric Soils List
Reducing Conditions Listed on National Hydric Soils List
Gleyed or Low-Chroma Gomm Omer (uNlaln In ,smm'.c)
Remarks:
t
-
e
y
r
WETLAND DETERMINATION
Hydrophytic Vegetation Present? es (Circle) (Circle)
Wetland Hydrology Present? es
Hydric Soils Present? Yes Clslg> Is this Sampling Point Within a Wetland? Yes No
Remarks:
kAJ
by HQUSACE 3/92

f,
. Fishfnn??{ Creek
Sofl water conserv tton DWfet
county ral center
Po b soXS-
HahfaX, Nortri Ciro 27839-0005
[phone] F.A. 3
f
August 13, 2000
Todd Tugwell .
6508 Falls of the Neuse Rd.
Suite 120
Raleigh, N.C. 27615
Dear Mr.
AS per our agency memorandum of Agreement (MOA), this serves as my notice
that I am considering changing a non-agricultural wetland determination. The site is
located inSection. east ofHeathsville Township in Halifax County, North Carolina. (See .
Attached Map)
Ths site was and is identified as a wetland. I am considering changing it to a
CWNA on 4.98 acres. The reason for this change is. to build a pond for irrigation
purposes. ; .
If you have any concerns with this proposed change, or if you feel the change
could not be used for Section 404, please contact me during the next 45 days so that we
may discuss the issues and to reach concurrence.
If II have not heard any concerns within 45 days, I will complete my
determination. If you have no-concerns, please advise me as soon as possible so we can
inform our; client.
Sincerely,
J. Wayne

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
Regulatory
IN REPLY REFER M
Action ID No. 200021953
MT. Allen Rey Stallings
25700 Highway 561
Enfield, NC ? 27823
Dear Mr
September 22, 2000
Reference is made to the letter of August 13, 2000, submitted by Mr. Wayne Short with the
Natural Resources Conservation Service (Halifax County), regarding your proposed plans to
construct a pgnd for irrigation on your property on NC 561 east of Heathsville in Halifax County,
North Carolina. Your letter requested a review of the proposed work and a determination of
Department of the Army permit requirements.
i ,
The letter indicated that the proposed pond is to be constructed in a wetland area adjacent
to BeaverdamSwamp in'the Tar-Pamlico River Basin, and will_result in the loss of up'to 4.98.
acres of wetlands due to fill and flooding. In subsequent conversations between Mr. Short and
Mr. Todd Tugwell of my staff; .we were made aware that it is your intent to construct the pond by
building a dam. Please be aware that you must obtain Department of the Army (DA) permit
authorization prior to the placement of any fill material into waters of the U.S., to include
wetlands, associated with the construction of a dam or mechanized landclearing. As an
alternative, an excavated pond with no dam, dike, or other above-ground impoundment structure
could be exempt from DA permit requirements provided the pond is sized appropriately for your
irrigation needs. As a condition of this exemption, all excavated or dredged material must be
removed to high ground or, if this is not possible, placed in the wetland in intermittent piles so as
not to obstruct the flow of water.
Should you have any questions or wish to schedule a field visit to discuss your project with
a member of my staff, please contact Mr. Tugwell with the Raleigh Regulatory Field Office, at
telephone 919-8,76-8441, extension 26.
Sincerely,
S. Kenneth Jolly
Chief, Raleigh Regulatory
Field Office
tic
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Division
December 6, 2000

Action ID No. 200021953 and Nationwide Permit No. 18
Mr. Aller> Ray Stallings
25700 Highway 561
Enfield, NC 27823

Dear Mr. Stallings:
Reference is made to our meeting on November 15, 2000, accompanied by Mr. Todd
Tugwell of my staff, on your property located on the north side of NC 561, east of Heathsville, in
Halifax County, North Carolina. During the meeting you described plans to excavate a new pond
and expand an existing pond-for irrigation, and to construct a bridge crossing to improve access VQ.S /
to fields on?your farms.
l u'" f
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 December 13, 1996, lists
nationwide permits. Regarding your proposed placement of fill material on top of the dam of the 11?
existing small pond on your property, authorization was provided, pursuant to Section 404 of the
,,Id
Clean Water Act, for minor discharges of dredged or fill material into all waters of the United W k ?e
States. Your work, impacting approximately 0.05 acre of wetland, is authorized by this y eS5
nationwide permit provided it is accomplished in strict accordance with your submitted plans and
the enclosed'conditions.
Regarding your proposed excavation "of an irrigation pond along the'run of the unnamed
tributary of Beaverdam Swamp on your property, this activity is exempt and does not require
Department of the Army (DA) authorization provided that all excavated and dredged material is
removed to high ground or, if this is not possible, placed in the surrounding wetland in
intermittent pines so as not to obstruct the flow of water. Please note that construction of a dike,
dam, riser or other impoundment structure within waters or wetlands would be considered a
regulated activity and, accordingly, require prior DA permit approval.
You also' proposed to construct a steel-frame bridge to provide improved access to the
fields on the north side of the creek on your property. As described on site, the bridge and
required foundations would be constructed to entirely span all waters and wetlands associated
with the tributary and, as such, would not require DA permit authorization. Should you modify

your p
please
Field
or the crossing to include the placement of fill or supports within jurisdictional areas,
ict our office to determine DA permit eligibility.
d you have any questions, please contact Mr. Tugwell with the Raleigh Regulatory
at telephone [phone], extension 26.
Sincerely,
S. Kenneth Jolly
Chief, Raleigh Regulatory
Field Office
Enclosure
Copy Furnished (without enclosure):
Mr. Wayne Short
Natural Resources Conservation Service
Halifax County Field Office
Post Office Pox 8
Halifax, North Carolina 27839-0008
u.S.I?,A.
i
Soil Conservation
SCS-CPA.'026 1. Name and Address of Person 2. Date of Request
(June 91)
HIGHLY ERODIBLE LAND AND WETLAND
CONSERVATION DETERMINATION
4. Name of USDA Age icy or Person Requesting Determination
SEC
3. County
5. Farm No. and Tract No.
r-W t. l 7
V I _ Wit' .141 V FROnIRLE LANn
FIELD NO.(s) TOTAL ACRES
6. Is soil survey now available for making a highly erodible land deter ation? Yes [ No ?
7. Are there highly erodible soil m units on this farm? Yes f2l No ?
8. List highly erodible fields that, according to ASCS records, were used to produce an agricultural commodity In any
crop year during 19811985.
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 not
enrolled in a USDA sot-aside or diversion program.
10. This Highly Erodible Land determination was completed in the: Office Field ?
SECTION 11. WETLAND
25. The planned alteration measures on wetlands in fields
with FSA. I
26. The planned alteration measures on wetlands in fields
installed will cause the area to become a Converted Wetland (CW). Se item 22 for information on CV
27. The wetland determination was completed in the office p field n7rand was delivered? mailed)
28. Remarks. only those fields marked oa ASGS pay! If eligibility for USDA benefits Is to be
were checked. maintained, as approved conservation plan
if eligibility for USDA bene=°ts is to be main. is require; tc`:Ore a crop is planted for
tamed, on approved conssrvatlon plan Is fields Identified on line 9.
required I,on the fields Identified on line a.
29. t certify that the above detertninarion is correct and adequate for use in determining 30. Sig tuts f SCS DI
are not considered to be maintenance and if

the person on
"This farm eantalns Hydric Soils. A wetlands
determination will he required before draining,
clearing, or other alteration of a wet area
for the purpose of planting an agricultural
commodity."
Cone i'st 31. Date
ehgrbuny for USDA program, benefits, and that wetland hydrology, hydnc sorts, and
hydrophytie vegetation under normal circumstances exist on altareas outlined as
Wetlands Farmed Wetlands and Farmed Wetlands Pasture.
Assistance and programs of the Sol Conservation SwWC0 available without regard to raw, 10119100, color, sax, aye, ar handicap.
FIELD NO.(s) TOTAL ACRES
-11. Are there h dric soils on this fans? Yes No ?
12. Wetlands (W), including abandoned wetlands, or Farmed Wetlands (FW) or Farmed Wetlands Pasture (FWP).
Wetlands may be fanned under natural conditions. Farmed Wetlands and Farted Wetlands Pasture may be
e
d in the same manner as they were prior to December 23, 1985, as long as they are not
farmed and maintain Gu V •
abandoned.
13. Prior Converted Cropland (PC). Wetlands that were converted prior to December 23,1985. The use, management,
drainage, and alteration of prior converted cropland (PC) are not subject to the wetland conservation provisions uriless
the area reverts to wetland as a result of abandonment.
14. Artificial Wetlands (AW). Artificial wetlands includes irrigation-induced wetlands. These wetlands are not subject
to the wetland conservation provisions.
15. Minimal Effect Wetlaniis (MW). These wetlands are to be fanned according to the minimal-effect agreement signed
at the time the minimal-effect determination was made.
16. Mitigation Wetlands ( IW). 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.
(RPW). Wetlands which are converted for purposes other than to Increase production,
19. Replacement Wetlands
)
where the wetland values are being replaced at a second site.
20. Good Faith Wetlands (GFW+year). Wetlands on which ASCS has determined a violation to be in good faith'and the
wetland has been restored.
21. Converted Wetlands (CW). Wetlands converted after December 23, 1985 and prior to November 28, 1990. In any
year that an agricultural. commodity is plantedon these Converted Wetlands, you will be ineligible for USDA benefits.
22. Converted Wetland (CW+year). Wetlands converted after November 28,1990. You will be ineligible for USDA
program benefits until this wetland is restored.
23. Converted Wetland Non,Agricukural use (CWNA). Wetlands that are•converted for trees, fish production, shrubs,
.cranberries, vineyards or building and road construction. I

termination
24. Converted Wetland Tecf?nical Error (CWTE). Wetlands that were converted as a result of incorrect de
by SCS.
j
are considered maintenance and are In compllance
Cf Q r"v
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I
it I
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)

Project/Site: I
ApplicantlOwne Date:
County:
Investigator. t ?-? I I State: AJ'.c.
Do Normal CircumIstances Exist on the site? Yews' No Community ID: W
Is the site significOntly disturbed (Atypical Situation)? Yes No' Transect ID:
Is the area a poterntial Problem Area? Yes 67P Plot ID:
(if needed, explain on reverse.)
VEGETATION

Dominant Plant Soecies Stratum Indicator Dominant Plant Species Stratum Indicator
1. Ace'r- }E vvJ"t Wis.- 9.
2. sgr r lug PIC- 0 ? 10.
i
3_??..pl?(.?'•?9-- Ca?tenS1S _ FA t?1
11.

q 12
5. I 13.
14.
7.
16:
Percent of Dominant Species that are OBL, FACW or FAC d
(excluding FAC-). G .
Remarks: h.
HYDROLOGY II
i
_ Recorded Data (Describe in Remarks): Wetland hydrology Indicators:
Stream, Lake; or Tide Gauge Primar?rfndicators:
Aerial photographs
Other I ??JJ Inundated
Saturated.in Upper-12 Inches
V No Recorded Data Available Water Marks
Drift Lilies
I Sediment Deposits .
Field Observations: Drainage Patterns in Wetlands.
Secondpry Indicators (2 or more required),
"
Depth of Surface Water: (in.). ? Oxidized Root Channels in Upper 12

e Water-Stained Leaves
r in Pit: (in.)
Depth to Free Wat Local Soil Survey Data
FAC-Neutral Test .
Depth to Saturated ? 0i1: (in.1 Other (Explain in Remarks) .
Remarks: I .

SOILS
Map Unit Name P yl,
(Series and Phase): Drainage Class:
Field Observations
Taxonomy (Subgroup): Confirm Mapped Type? Yes eo
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist1 Abundance/Contrast Structure, etc.
v ' 7,

Hydric Soil Indicators:
Histosol _ Concretions
_
_ Histic Epipedon _ High Organic Content in Surface Layer Sandy Soils
_ Sulfidic Odor _ Organic Streaking in Sandy Soils
Aquic Moisture Regime _ Listed on Local Hydric Soils List
Reducing Conditions _ Listed on National Hydric Soils List
_ Gieyed or Low-Chroma Colors Ouhac (Explaii? lip Ram iadkt).
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? es No (Circle) (Circle)
Wetland Hydrology Present? Yes Na
Hydric Soils Present? =r" Yes/ No Is this Sampling Point Within a Wetland? es No
Remarks:

Annmvetl by
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: 'I Date: i - (D - 00
Applicant/Owri!er: A-11 _77 County: Nit rd X
State: N
Investigator. w; I M
Do Normal Circumstances Exist on the site? . No Community ID
Is the site significantly disturbed (Atypical Situation)? Yes N Transect ID:
Is the area a potential Problem Area? Yes Co Plot ID:
(if needed, explain on reverse.)
VEGETATION. I
i
Dominant Plant Species Stratum Indicator
Dominant Plant Species Stratum Indicator

Flk_ 10
'0? 6 ru
i LA
('
11.
3.
-?-
4. L, A
I -AC
L4 12

5. ,
13.
6. 14.

8. ! 16.
Percent of Dominant Species that are OBL, FACW or FAC ?D
(excluding FAC-). --
Remarks:
,y
i
HYDROLOGY

!
Recorded Data (Describe in Remarks):
Wetland hydrology Indicators:
_
Stream, Lake, or Tide Gauge 'Primary Indicators:
Aerial ,Photographs Inundated.
Other j Saturated in Upper, 12 Inches
No Recorded Data Available Water Marks
"
Drift Lines
Sediment Deposits
Field Observations: Drainage Patterns in Wetlands
i Secondary Indicators (2 or more required):
Depth of Surface Water: (in.) Oxidized Root Channels in Upper 12"
II
Depth to Free Water in Pit: 2 y (in.) Water-Stained Leaves
Local Soil Survey Data

Depth to Saturated Soil: Z6 (in.) FAC-Neutral Test
Other (Explain. in Remarks)
Remarks: ,

SOILS
Map Unit Name
M W D
(Series and Phase): Drainage Class:
Field Observations
Taxonomy (Subgroup): Confirm Mapped Type? Yes N0
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.

I j
J
T
Hydric Soil Indicators:
Histosol _ Concretions
_ Histic Epipedon _ High Organic Content in Surfa ce Layer Sandy Soils
_ Sulfidic Odor _ Organic Streaking in Sandy Soils
_ Aquic Moisture Regime Listed on Local. Hydric Soils List
_ Reducing Conditions _ Listed on National Hydric Soils List
Gleyed or Low-Chroma Goiors Oihar (Explain, In Ismcckc)
Remarks:
C.?
?-?-
°--
??
?
(
•
c
?-
-
!
may
WETLAND DETERMINATION
ircle) (Circle)
Hydrophytic Vegetation Present? Fes (C
Wetland Hydrology Present? Hydric Soils Present? Yes Is this Sampling Point Within a Wetland? Yes No
Remarks:
Approved by HQUSACE 3/92

Ffifn?{ creek
ffan Dfs[rict
lWater ts c?nserv
Coun "cram) Center
PO 0 BOX 8.
,,,,1f d, No C ro 27839-0008
..
1 [phone] EXt.3
August ?3, 2000
.
Todd Tulgwell
6508 Falls of the Neuse Rd.
Suite 129
Raleigh, N.C. 27615
Dear MrJ Tugwell
Ig per our agency memorandum of Agreement (MOA), this serves as my notice
that I amp considering changing a non-agricultural wetland determination. The site is
located in Section. east ofHeathsville Township in Halifax County, North Carolina. (See.
Attachedl?Map)
The site was and is identified as a wetland. I am considering changing it to a
CWNA of 4.98 acres. The reason for this change is. to build a pond for irrigation
purposes.)
If you have any concerns with this proposed change, or if you feel the change
could. not be used for Section 404, please contact: me during the next 45 days so that we
may discuss the issues and to reach concurrence. ,
If I have not heard any concerns within 45 days, I will complete my
determination. If you have no concerns, please advise me as soon as possible so we can
inform our client.
j
Sincerely,
r
I Wayne S ort
r n
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
September 22, 2000
IN REPLY REFER M
Regulatory
Action ID No. 200021953
SFP 2 .5 200
Mr. Allen Ray Stallings
25700 Highway 561
Enfield, NC V823
Dear Mr. St4ngs:
I
Reference is made to the letter of August 13, 2000, submitted by Mr. Wayne Short with the
Natural Resources Conservation Service (Halifax County), regarding your proposed plans to
construct a pond for irrigation on your property on NC 561 east of Heathsville in Halifax County,
North Carolina. Your letter requested a review of the proposed work and a determination of
Department of the Army permit requirements.
The letter indicated that the proposed pond is to be constructed in a wetland area adjacent
to Beaverdam Swamp in the Tar-Pamlico River Basin, and will.result in the loss of up to 4.98.
acres of wetlands due to fill and flooding. In subsequent conversations between Mr. Short and
Mr. Todd Tugwell of my staff, we were made aware that it is your intent to construct the.pond by
building a dam. Please be aware that you must obtain Department of the Army (DA) permit
authorization prior to the placement of any fill material into waters of the U.S., to include
wetlands, associated with the construction of a dam or mechanized landclearing. As an
alternative, an excavated pond with no dam, dike, or other above-ground impoundment structure
could be exempt from DA permit requirements provided the pond is sized appropriately for your
irrigation needs. As a condition of this exemption, all excavated or dredged material must be
removed to high ground or, if this is not possible, placed in the wetland in intermittent piles so as
not to obstruct the flow of water.
Should yo'u have any questions or wish to schedule a field visit to discuss your project with
a member of my staff, please contact Mr. Tugwell with the Raleigh Regulatory Field Office, at
telephone 919-$76-8441; extension 26.
Sincerely,
S. Kenneth Jolly
Chief, Raleigh Regulatory
Field Office

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
December 6, 2000
„
1EV 1?
94
• IN REPLY REFER TO
Regulatory Division
i
Action ID No. X00021953 and-Nationwide Permit No. 18 (Minor Discharges)
i
Mr. Allen Ray Stallings
25700 Highway 561
Enfield, NC 27823
Dear Mr. Stallings:
i.
Reference is made to our meeting on November 15, 2000, accompanied by Mr. Todd
Tugwell of mystaff, on your property located on the north side of NC 561, east of Heathsville, in
Halifax County, North Carolina. During the meeting you described plans to excavate a new pond
and expand an existing pond. for irrigation, _ and to construct a bridge crossing to improve access
to fields on your farms.
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 December 13, 1996, lists
nationwide permits. Regarding your proposed placement of fill material on top of the dam of the
existing small pond on your property, authorization was provided, pursuant to Section 404 of the
Clean Water Act, for minor discharges of dredged or fill material into all waters of the United
States. Your *ork, impacting approximately 0.05 acre of wetland, is authorized by this
nationwide pe 't provided it is accomplished in strict accordance with your submitted plans and
the enclosed conditions.
Regarding your proposed excavation *of an irrigation pond along the 'run of the unnamed
tributary of Be'averdam Swamp on your property, this activity is exempt and does not require
Department of the Army (DA) authorization provided that all excavated and dredged material is
removed to high ground or, if this is not possible, placed in the surrounding wetland in
intermittent piles so as not to obstruct the flow of water. Please note that construction of a dike,
dam, riser or other impoundment structure within waters or wetlands would be considered a
regulated activity and, accordingly, require prior DA permit approval.
i
i
You also proposed to construct a steel-frame bridge to provide improved access to the
fields on the north side of the creek on your property. As described on site, the bridge and
required foundations would be constructed to entirely span all waters and wetlands associated
with the tributary and, as such, would not require DA permit authorization. Should you modify
n
I

your plans for the crossing to include the placement of fill or supports within jurisdictional areas,
please contact our office to determine DA permit eligibility.
Should 3
Field Office,
u have any questions, please contact Mr. Tugwell with the Raleigh Regulatory
telephone [phone], extension 26.
Sincerely,
S. Kenneth Jolly
Chief, Raleigh Regulatory
Field Office
Enclosure
Copy Furnished (without enclosure):
Mr. Wayne Short
Natural Resources Conservation Service
Halifax County Field Office
Post Office B,Iox 8
Halifax, North Carolina 27839-0008
U.S.D,A. SCS-CPA-026
Soil Conservation Service (June 91)
HIGHLY ERODIBLE LAND AND WETLAND
CONSERVATION DETERMINATION
1. Name and Address of Person
l 9 211
2. Date of Request
9-/0-
3. County
ract No.
4. Name of USDA Agency or Person Requesting Determination 11, Farm No. and'
),-"4 //cii,) - -/ W / 7V
SECTION 1- HIGHLY ERODIBLE LAND
FIELD NO.(s) TOTAL ACRES
6. Is soil survey now available for making a highly erodible land deter ' ation? Yes [) No ? 7
7. Are there highly erodible soil ma units on this farm? Yes No ? l
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 not
enrolled in a USDA set-aside or diversion program.
10. This Highly Erodible Land determination was completed in the: Office Field ?
SECTION II - WETLAND
FIELD NO.(s) TOTAL ACRES
? Yes N
o
-11. Are there h dric soils on this farm
12. Wetlands (W), including abandoned wetlands, or Farmed Wetlands (FW) or Farmed Wetlands Pasture (FWP).
Wetlands may be farmed under natural conditions. Farmed Wetlands and Farmed Wetlands Pasture may be
farmed and maintained in thi same manner as they were prior to December 23,1985, as long as they are not „ A,
6
• y`
abandoned.
13. Prior Converted Cropland (PIIC). Wetlands that were converted prior to December 23, 1985. The use,'management,
drainage, and alteration of prior converted cropland (PC) are not subject to the wetland conservation provisions u6less
the area reverts to wetland as a result of abandonment.
14. Artificial Wetlands (AW). Artificial wetlands includes irrigation-Induced wetlands. These wetlands are not subject
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 (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 (fj VW-year). A restored wetland that was in violation as a result of conversion after
November 28, 1990, or the p lanting 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.
19. Replacement Wetlands (RPW). 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 (GFWtyear). Wetlands on which ASCS has determined a violation to be in good faith'and the
wetland has been restored.
21. Converted Wetlands (CW). Wetlands converted after December 23,1985 and prior to November 28,1990. In any
s
year that an agricultural. commodity i
plantedon these Converted Wetlands, you will be ineligible for USDA benefits.
22. Converted Wetland (CW+year). Wetlands converted after November 28,1990. You will be ineligible for USDA
program benefits until this wetland is restored.
23. Converted Wetland Non-Agricultural use (CWNA). Wetlands that are•converted for trees, fish production, shrubs,
cranberries, vineyards or building and road construction. I
24. Converted Wetland Technical Error (CWTE). Wetlands that were converted as a result of Incorrect determination
by SCS.
25. The nlanned atfaratien measures on wetlands in fields are considered maintenance and are in combllance
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 become a Converted Wetland (CW). See item 22 for information on CW+vear.
27. The wetland determination was completed in the office I`71 field and was delivered[-] mailed LI ?o the person on
28. Remarks. " Only those fields marked w ASCS P-Wa If eligibility for USDA benefits Is to be
were checked. maintainer, x:, approved conservation plan
If eligibility,, for USDA bene=ts is to be main. is require, b•:`:ure a crop is planted for
tained, an approved conservation plan is fields Identified on line 9.
"This farm eantatns Hydric Soils. A wetlands
determination will be required before draining,
clearing, or other alteration of a wet area
for the purpose of planting an agricultural
w
required on the fields identified orl line 8. commodity,"
29. 1 certify that the above determination is correct and adequate for use in determining 30. Sig ture f SCS District Con erCf else 31. Date
eligibility for USDA program benefits, and that wetland hydrology, hydric soils, and a A-.r-
hydrophytic vegetation under normal circumstances exist on alt areas outlined as 8 - 1',3 -OZOQ 0
rco
programs of the Solt Conservation Service available without regard to race, religion, color, sex, age, or handicap.

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DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site:
t/O
i Date:% - I - ' c
Count
: ?! K
wner:
Appl
can y
Investigator: t I I State: ' C- .
Do Normal Circumstan ces Exist on the site? Yes No Community ID: I W
Is the site significantly! disturbed (Atypical Situation)? Yes Noy Transect ID:
Is the area a potential Problem Area? Yes Plot ID:
(If needed, explain,on reverse.)
VEGETATION'
Al ad `? s Are
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator

3. ??. l Ga tQnnS _ ? t?A? 11.
4 L4, 4 (M- 12
5. 13.
6. _ 14:
7. _ _ .-. __ 15._._ _. _... _ _. _.._..._...
g 16:
Percent of Dominant Species that are OBL, FACW or FAC d O
(excluding FAC-).
Remarks:
r
HYDROLOGY

_ Recorded Data (Describe in Remarks): Wetland hydrology, Indicators:
Stream, Lake, or Tide Gauge PrimaryAndicators:
Aerial Photographs V Inundated
in UpperA2 Inches
Saturated
Other
No Recorded Data Available .
Water Marks
Drift Lines
Sediment Deposits
Field Observations: Drainage Patterns in Wetlands-
Secondery Indicators (2 or more required):
°
Depth of Surface Water: (in.} .
? Oxidized Root Channels in Upper 12

I Water-Stained Leaves
r in Pit: _(in.)
Depth to Free Wat Local Soil Survey Data
FAC-Neutral Test .
Depth to Saturated Soil: (in.), Other (Explain in Remarks)
Remarks:

SOILS
Map Unit Name
(Series and Phase):
Drainage Class:
Field Observations
Taxonomy (Subgroup): Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color
Mottle Colors
Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.

J c a 16 u i
s L v,
Hydric Soil Indicators:
Histosol _ Concretions
_
_ Histic Epipedon _ High Organic Content in Surfa ce Layer Sandy Soils
Sulfidic Odor _ Organic Streaking in Sandy Soils
_
Aquic Moisture Regime - Listed on Local Hydric Soils List
\7 Reducing Conditions Listed on National Hydric Soils List
- Gieyed or Low-Chroma Colors _ Oiha (ExNI-aln In R=- r-nark-t) .
Remarks: . "? .
WETLAND DETERMINATION
Hydrophytic Vegetation Present? rYe No (Circle) .
Wetland Hydrology Present?. No
Hydric Soils Present? "`='r* ? No
Remarks:
(Circle)
Is this Sampling Point Within a Wetland? No
„r

Annmved by
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Projeci/Site: Date: (0 -co
Applicant/Owner: gr-". -a. County: Hal, a A
Investigator: W1,11 M State: N c
Do Normal Circumstances Exist on the site? . No
( L
Community ID:
Is the site significantlydisturbed (Atypical Situation)? Yes Transect ID:
Is the area a potentials Problem Area? Yes No Plot ID:
(If needed, explain;on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator

2. i- i
10
1? 6 reA ? C LA 11
3. .
i FAC L4 12
5. 13.
6.
14.

8. 16'
Percent of Dominant Species that are OBL, FACW or FAC ?D
(excluding FAC-).
Remarks: !^ -?--
HYDROLOGY
Recorded Data (['escribe in Remarks):` Wetland hydrology Indicators:
_
Stream, Lake, or Tide Gauge Primary Indicators:
Aerial Photographs Inundated
Other Saturated in Upper, 12 Inches
No Recorded Data Available Water Marks
"
-
- Drift Lines -
?
Sediment Deposits
Field Observations: Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface ater: (in.) Oxidized Root Channels in Upper 12"

r in Pit: 2 (in.)
Depth to Free Wat Water-Stained Leaves
Local Soil Survey Data
?
Depth to Saturated Soil. '6 (in.) FAC-Neutral Test
Other (Explain. in Remarks)
Remarks:
t ? 1 N
• ?
-
SOILS
Map Unit Name
(Series and Phase): M D
Drainage Class:
Field Observations
Taxonomy (Subgroup): Confirm Mapped Type? Yesoo
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.

Hydric Soil Indicators:
Histosol _ Concretions
_
_ Histic Epipedon _ High Organic Content in Surfa ce Layer Sandy Soils
_ Sulfidic Odor Organic Streaking in Sandy Soils
_
_ Aquic Moisture Regime _ Listed on Local Hydric Soils List
_ Reducing Conditions _ Listed on National Hydric Soils List
_ Gleyed or LoW-Chroma Colors oihei (Expla61 In
^arrc;?c)
Remarks:

WETLAND DETERMINATION
Hydrophytic Vegetation Present? es ?Lq (Circle) (Circle)
Wetland Hydrology Present? s
Hydric Soils Present? Yes Is this Sampling Point Within a Wetland? Yes No
Remarks:
Approved by HQUSACE 3/92
r1
. Ffsh creek
Sofl Water XServ#fon DbMCt
co 'cifural center
PO PBOX'8-
H 9hfd , 0 c . 27839-0008
[phone] Vt. 3
August 13, 2000
I
Todd Tugwell
6508 Falls of the Neuse Rd.
Suite 120
Raleigh, N.C. 27615
Dear Mr. Tugwell
As per our agency memorandum of Agreement (MOA), this serves as my notice
that I am considering changing a non-agricultural wetland determination. The site is
located in Section. east ofHeathsville Township in Halifax County, North Carolina. (See.
Attached Map)
The 'site was and is identified as a wetland. I am considering changing it to a
CWNA on 4.98 acres. The reason for this change is. to build a pond for irrigation
purposes.
If yQu have any concerns with this proposed change, or if you feel the change
could. not be used for Section 404, please contact me during the next 45 days so that we
may discuss the issues and to reach coricurrence.
If I have not heard any concerns within 45 days, I will complete my
determination. If you have no concerns, please advise me as soon as possible so we can
inform our client.
Sincerely,
.J. Wayne S ort
I

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SFP 2 5 200
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
W REPLY REFER M
Regulatory Division
i
Action ID No. 20,0021953
Mi. Allen Ray Stallings
25700 Highway 561
Enfield, NC 27 823
Dear Mr. Stallings:
September 22, 2000
Reference is made to the letter of August 13, 2000, submitted by Mr. Wayne Short with the
Natural Resources Conservation Service (Halifax County), regarding your proposed plans to
construct a pond for irrigation on your property on NC 561 east of Heathsville in Halifax County,
North Carolina. j Your letter requested a review of the proposed work and a determination of
Department of t?e Army permit requirements.
The letter indicated that the proposed pond is to be constructed in a wetland area adjacent
to Beaverdam Swamp in the Tar-Pamlico River Basin, and will.result in the loss of up to 4.98.
acres of wetlands due to fill and flooding. In subsequent conversations between Mr. Short and
Mr. Todd Tugwell of my staff, we were made aware that it is your intent to construct the.pond by
building a dam. Please be aware that you must obtain Department of the Army (DA) permit
authorization prior to the placement of any fill material into waters of the U.S., to include
wetlands, associated with the construction of a dam or mechanized landclearing. As an
alternative, an excavated pond with no dam, dike, or other above-ground impoundment structure
could be exempt from DA permit requirements provided the pond is sized appropriately for your
irrigation needs. As a condition of this exemption, all excavated or dredged material must be
removed to high ground or, if this is not possible, placed in the wetland in intermittent piles so as
not to obstruct the flow of water.
Should
a member of
telephone 91!
have any questions or wish to schedule a field visit to discuss your project with
staff, please contact Mr. Tugwell with the Raleigh Regulatory Field Office, at
?6-8441; extension 26.
Sincerely,
S. Kenneth Jolly
Chief, Raleigh Regulatory
Field Office
Copy Furnished:
Mr. Wayne Short
Natural Resources Conservation Service
Halifax County Field Office
Post Office Box 8
Halifax, North Carolina 27839-0008

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOx 1890
WILMINGTON, NORTH CAROLINA 28402-1890
December 6, 2000
IN REPLY REFER TO
Regulatory Divi j sion
Action ID No. 200021953 and-Nationwide Permit No.
I
I
18 (Minor Discharges)
Mr. Allen Ray Stallings
25700 Highway 561
Enfield, NC 27823
Dear Mr. Stallings:
Reference jis made to our meeting on November 15, 2000, accompanied by Mr. Todd
Tugwell of my staff, on your property located on the north side of NC 561, east of Heathsville, in
Halifax County; North Carolina. During the meeting you described plans to excavate a new pond
and expand an existing pond-for irrigation, and to construct a bridge crossing to improve access
to fields on your farms.
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 December 13, 1996, lists
nationwide permits. Regarding your proposed placement of fill material on top of the dam of the
existing small pond on your property, authorization was provided, pursuant to Section 404 of the
Clean Water Act, for minor discharges of dredged or fill material into all waters of the United
States. Your work, impacting approximately 0.05 acre of wetland, is authorized by this
nationwide permit provided it is accomplished in strict accordance with your submitted plans and
the enclosed conditions.
Regarding your proposed excavation 'of an irrigation pond along the-run of the unnamed
tributary of Beaverdam Swamp on your property, this activity is exempt and does not require
Department of the Army (DA) authorization provided that all excavated and dredged material is
removed to high ground or, if this is not possible, placed in the surrounding wetland in
intermittent piles so as not to obstruct the flow of water. Please note that construction of a dike,
dam, riser or other impoundment structure within waters or wetlands would be considered a
regulated activity and, accordingly, require prior DA permit approval.
You also proposed to construct a steel-frame bridge to provide improved access to the
fields on the north side of the creek on your property. As described on site, the bridge and
required foundations would be constructed to entirely span all waters and wetlands associated
with the tributary and, as such, would not require DA permit authorization. Should you modify
E
your plans for the crossing to include the placement of fill or supports within jurisdictional areas,
please contact our office to determine DA permit eligibility.
Should you have any questions, please contact Mr. Tugwell with the Raleigh Regulatory
Field Office, at'telephone [phone], extension 26.
Sincerely,
S. Kenneth Jolly
Chief, Raleigh Regulatory
Field Office
Enclosure
Copy Furnished (without enclosure):
Mr. Wayne Short
Natural Resources Conservation Service
Halifax County Field Office
Post Office Box 8
Halifax, North Carolina 27839-0008
I
U.S.DrA. I
Soil Conservation Service
SCS-CPA-026 1. Name and Address of Person 2. Date of Request
(June 91) [i
- /U - o2Coo
HIGHLY ERODIBLE LAND AND WETLAND 3. County
CONSERVATION DETERMINATION
4. Name of USDA Agency or Person Requesting Determination 5. Farm No. and Tract No.
/-S r-W & l..t_ l 7V,
SECTION I. winwi V FRnnfRLF LANn
FIELD NO.(s) TOTAL ACRES
6. Is soil survey now available for making a highly erodible land deter ' ation? Yes No ? '- ",
7. Are there highly erodible soil ma 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 not
enrolled in a USDA set-aside or diversion program.
10. This Highly Erodible Land determination was completed in the: Office Field ?
SECTION II . WETLAND
FIELD NO.(s) TOTAL ACRES
11. Are there h dric soils on this farm? Yes ?J No ?
12. Wetlands (W), including abandoned wetlands, or Farmed Wetlands (FW) or Farmed Wetlands Pasture (FWP).
Wetlands may be farmed under natural conditions. Farmed Wetlands and Farmed Wetlands Pasture may be
h ,,A
/
Q /3
?
L
farmed and maintained in t
e same manner as they were prior to December 23,1985, as long as they are not V
& • %
abandoned. {
13. Prior Converted Cropland (PC). Wetlands that were converted prior to December 23, 1985. The use, management,
drainage, and alteration of poor converted cropland (PC) are not subject to the wetland conservation provisions unless
the area reverts to wetland as a result of abandonment.
14. Artificial Wetlands (AW). Artificial wetlands includes irrigation-induced wetlands. These wetlands are not subject
to the wetland conservationprovisions.
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 (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 (R VW-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.
19. Replacement Wetlands (RPW). Wetands 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 (G +year). Wetlands on which ASCS has determined a violation to be in good faith and the
wetland has been restored.
21. Converted Wetlands (CW). Wetlands converted after December 23,1985 and prior to November 28,1990. In any
year that an agricultural. commodity. is planted an these Converted Wetlands, you will be Ineligible for USDA benefits.
22. Converted Wetland (CW+year). Wetlands converted after November 28,1990. You will be ineligible for USDA
program benefits until this wetand is restored.
23. Converted Weiland Non-Agricultural use (CWNA). Wetlands that are' converted for trees, fish production, shrubs,
.cranberries, vineyards or building and road construction. I
24. Converted Wetland Technical Error (CWTE). Wetlands that were converted as a result of Incorrect determination
by SCS.
25. The nianned alterntinn measures on wetlands in fields are considered maintenance 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 become a Converted Wetland (CW). Se item 22 for information on CW+ye
27. The wetland determination was completed in the office p field and was delivered ? mailed o the person on
28. Remarks. Only those fleldi marked on ASC4 pia If eligibility for USDA benefits Is to be "This farm eantains Hydric Solis. A wetlands
were checked. i maintaineri, m, approved conservation plan determination will be required before draining,
If eligibility) for USDA beneRts is to be main. is require: bcfure a crop is planted for clearing, or other alteration of a wet area
talned, an; approved conpsrvation plan Is fields Identified on line 9. for the purpose of planting an agricultural
required an the fields identified on line 8. commodity."
29. 1 certify that the above determination iscorrect and adequate for use in determining 30. Sig ture f SCS District Cone aIlst 31. Date
eligibilityfor USDA program benefits, and that wetland hydrology, hydrie soils, and
hydrophytic vegetation under normal circumstances exist on alt areas outlined as
Wetlands. Farmed Wetlands and Farmed Wetlands Pasture.
aistance and programs of the Soll Conservation SwWce<available without regard to race, religion, color, sex, ape, or handicap.
1.
I
1
i

414 111 V- J- lw
r 1
l
1

yr ? ? ?
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
5
- 16 - 66
Project/Site:
Applicant/Owner: Q- Rc f ,
Date:
County: :j l T,77
Investigator: R ;?-? I ? State: JV
Do Normal Circumstances Exist on the site? Yes No Community ID: w
Is the site significantly disturbed (Atypical Situation)? Yes No' Transect ID:
Is the area a potential Problem Area? Yes Plot ID:
(If needed, explain on reverse.)
VEGETATION ? I ?{I (o'?, /v4-t, 6
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
p } ? '?
2. A 1 ? L.i. r s¢r r' , lug _` Fl-c u) 10.
3. ??.pG L C 1Q-hSl S _ FA bW 11.
4. 12
5. 13.
6. _ 14.
7. ?_- _._ 15._ _...__.. _..._._...
8. 16:
Percent of Dominant. Species that are OBL, FACW or FAC
(excluding FAC-).
Remarks:
HYDROLOGY
i
i
?R
Recorded Data. (Describe in Remarks): Wetland hydrology. Indicators:
_
Stream,[ Lake; or Tide Gauge Primeindicators:
Aerial Photographs Inundated
in Upper=l2 Inches
Saturated
Other
No Recorded Data Available .
- Water Marks
! Drift Lines
Sediment Deposits.
Field Observations: Drainage Patterns in We
Secondary Indicators (2 or more required):
d Root Channels in Upper 12"
? Oxidiz
Depth of Surface atee (in.) .
e
Water-Stained Leaves
Depth to Free Water in Pit: _ 1 (in.) Local Soil Survey Data
FAC-Neutral Test
Depth to Saturated Soil: (in.), Other (Explain in Remarks) .
Remarks: ?

SOILS
Map Unit Name
(Series and Phase): Drainage Class:
Field Observations
Taxonomy (Subgroup): Confirm Mapped Type? Yes eo
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.

16 Yfl
-T V, f

Hydric Soil Indicators:
_ Histosol _ Concretions
_ Histic Epipedon _ High Organic Content in Surfa ce Layer Sandy Soils
_ Sulfidic Odor _ Organic Streaking in Sandy Soils
Aquic Moisture Regime - Listed on Local Hydric Soils List
Reducing Conditions _ Listed on National Hydric Soils List
_ Gieyed or Low-Chroma Colors - Ouher cxjalsi? U, l?e? arkc}
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? es No (Circle) (Circle)
Wetland Hydrology Present? . Yes : No
Hydric Soils Present? " - Yes/ 'No Is this Sampling Point Within a Wetland? 'e> No
Remarks:

At,
Ammved by
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: ! Date: - (0 - 00
Applicant/Owner: r r, ?L _? .y County: Hi J A
Investigator: W; M State: N
Do Normal Circumstances Exist on the site? _ No Community ID
Is the site significantly disturbed (Atypical Situation)? Yes Transect ID:
Is the area a potential Problem Area? Yes No Plot ID:
(If needed, explain on reverse.)
VEGETATION
s Stratum Indicator
Dominant Plant Saecie Dominant Plant Species Stratum Indicator
6

2. i- r ( F/7 c- lo.

FA a L4 12:
4. J i
5. i 13.
6. T _ 14.-
7. 15. -
8 16:
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-).
i .
Remarks:
HYDROLOGY
Recorded Data (C?escribe in Remarks): Wetland hydrology Indicators:
_
Streamll Lake, or Tide Gauge .,Primary Indicators:
Aerial F hotographs Inundated
Other j Saturated in .Upper. 12 Incites
_ No Recorded Data Available Water Marks
Drift Lines
Sediment Deposits
Field Observations: Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface W ater: (in.) Oxidized Root Channels in Upper 12"
Water-Stained Leaves
Depth to Free Wat er in Pit: 2 (in.) Local Soil Survey Data
FAC-Neutral Test
Depth to Saturated Soil: Other (Explain in Remarks)
Remarks: p

SOILS
Map Unit Name
(Series and Phase): M V3 D
Drainage Class:
Field Observations
Taxonomy (Subgroup): Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Colors
Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
?)
L

Hydric Soil Indicators:
Histosol _ Concretions
_
_ Histic Epipedon _ High Organic Content in Surfa ce Layer Sandy Soils
_ Sulfidic Odor _ Organic Streaking in Sandy Soils
- Aquic Moisture Regime Listed on Local. Hydric Soils List
_ Reducing Conditions _ Listed on National Hydric Soils List
` Gleyed or Low-Chroma Coiors Gihar (Explain Ir ,,^.??rs;'xc)
Remarks:

WETLAND DETERMINATION
(C
ircle(Circle)
Hydrophytic Vegetation Present? Fes
Wetland Hydrology Present? N
Hydric Soils Present? Yes Is this Sampling Point Within a .Wetland? Yes No
Remarks:
Annmved by
t'
Ffshfnn?? Creek
S'O'tl?? Water CWCrv tton DIIMIt
COUn i c?tural Center
POB0Y*8-
Hali f aYf NOC pri,
f 27839-0008
[phone] Vt. 3 , .
i•
I
August 13, 000
i
Todd Tugwell
6508 Falls of the Neuse Rd.
Suite 120
Raleigh, N.C. 27615
;
Dear Mr. T' gwell
As per our agency memorandum of Agreement (MOA), this serves as my notice
that I am considering changing a non-agricultural wetland determination. The site is
located in Section. east ofHeathsville Township in Halifax County, North Carolina. (See.
Attached Map)
The; site was and is identified as a wetland. I am considering changing it to a
CWNA on 14.98 acres. The reason for this change is. to build a pond for irrigation
purposes.
.If you have any concerns with this proposed change, or if you feel the change
could. not be used for Section 404, please contact me during the next 45 days so that we
may discuss the issues and to reach concurrence.
If I 4ave not heard any concerns within 45 days, I will complete my
detema at on. If you have no concerns, please advise me as soon as possible so we can
inform our client.
Sincerely,
r
Gt/
J. Wayne
e5

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
W REPLY REFER TO
December 6, 2000

Regulatory Div ision
I
Action ID No. 200021953 and Nationwide Permit No. 18 (Minor Discharges)
Mr. Allen Ray Stallings
25700 Highway 561
Enfield, NC 27,823
Dear Mr. Stallings:
Reference is made to our meeting on November 15, 2000, accompanied by Mr. Todd
Tugwell of my staff, on your property located on the north side of NC 561, east of Heathsville, in
Halifax County; North Carolina. During the meeting you described plans to excavate a new pond
and expand an gxisting pond. for irrigation, and to construct abridge crossing to improve access
to fields on your farms.
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 December 13, 1996, lists
nationwide permits. Regarding your proposed placement of fill material on top of the dam of the
existing small fond on your property, authorization was provided, pursuant to Section 404 of the
Clean Water Act, for minor discharges of dredged or fill material into all waters of the United
States. Your work, impacting approximately 0.05 acre of wetland, is authorized by this
nationwide permit provided it is accomplished in strict accordance with your submitted plans and
the enclosed conditions.
Regarding your proposed excavation *of an irrigation pond along the 'run of the unnamed
tributary of Beaverdam Swamp on your property, this activity is exempt and does not require
Department of the Army (DA) authorization provided that all excavated and dredged material is
removed to high ground or, if this is not possible, placed in the surrounding wetland in
intermittent piles so as not to obstruct the flow of water. Please note that construction of a dike,
dam, riser or other impoundment structure within waters or wetlands would be considered a
regulated activi? and, accordingly, require prior DA permit approval.
You also proposed to construct a steel-frame bridge to provide improved access to the
fields on the north side of the creek on your property. As described on site, the bridge and
required foundations would be constructed to entirely span all waters and wetlands associated
with the tributary and, as such, would not require DA permit authorization. Should you modify
I
r
v
your plans for the crossing to include the placement of fill or supports within jurisdictional areas,
please contact Qur office to determine DA permit eligibility.
Should ypu have any questions, please contact Mr. Tugwell with the Raleigh Regulatory
Field Office, at telephone [phone], extension 26.
Sincerely,
S. Kenneth Jolly
Chief, Raleigh Regulatory
Field Office
Enclosure
Copy Furnished (without enclosure):
Mr. Wayne Short
Natural Resources Conservation Service
Halifax County Field Office
Post Office Bbx 8
Halifax, North Carolina 27839-0008
I
U.S:D A. I SCS-CPA-026
Soil Conservation Service I (June 91)
HIGHLY ERODIBLE LAND AND WETLAND
CONSERVATION DETERMINATION
1. Name and Address of Person
t1
001
9g7?
2. Date of Request
8- /0- moo
County
4. Name of USDA Agency or Person Requesting Determination 5. Farm No. and Tract No.
),--4 / 74?
1- HIGHLY ERODIBLE LAND
FIELD NO.(s) TOTAL ACRES
6. Is soil survey now available for making a highly erodible land deter ' ation? Yes (( No ?
7. Are there highly erodible soil ma units on this farm? Yes f2' . 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 not
enrolled in a USDA set-aside or diversion program.
10. This Highly Erodible Land determination was completed in the: Office Field ?
SECTION II - WETLAND
FIELD NO.(s) TOTAL ACRES
-11. Are there h dric soils on this fans? Yes No ?
12. Wetlands (W), including abandoned wetlands, or Farmed Wetlands (FW) or Farmed Wetlands Pasture (FWP).
Wetlands may be farmed under natural conditions. Farmed Wetlands and Farmed Wetlands Pasture may be
farmed and maintained in the same manner as they were prior to December 23,1985, as long as they are not ?? A ! O
6
• C?
abandoned.
13. Prior Converted Cropland (PC). Wetlands that were converted prior to December 23,1985. The use, management,
drainage, and alteration of pqor converted cropland (PC) are not subject to the wetland conservation provisions unless
the area reverts to wetland as a result of abandonment.
14. Artificial Wetlands (AW). Artificial wetlands includes irrigation-induced wetlands. These wetlands are not subject
to the wetland conservation provisions.
.15. Minimal Effect Wetlands (Mlle. 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 (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 (OVW-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.
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 a violation to be in good faith'and the
wetland has been restored.
21. Converted Wetlands (CW). Wetlands converted after December 23, 1985 and prior to November 28, 1990. In any
year that an agricultural, commodity is plantedon these Converted Wetlands, you will be ineligible for USDA benefits.
22. Converted Wetland (CW+year). Wetlands converted after November 28,1990. You will be ineligible for USDA
program benefits until this wetland is restored.
23. Converted Wetand Non-Agricultural use (CWNA). Wetlands that later converted for trees, fish production, shrubs,
-cranberries, vineyards or building and road construction. I
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 are considered maintenance and are in COmbliance
with FSA.
w
26. The planned alteration measures on wetlands in fields are not considered to be maintenance and if
installed will cause the area to become a Converted Wetland (CW)..Se item 22 for information on CW+ye
27. The wetland determination was completed in the office ? field O?f and was delivered? mailed o the person on
28. Remarks. ° Only those fields marked on ASCS @am if eligibility for USDA benefits Is to be
checked. "This farm eontalns Hydric Soils. A wetlands
were maintainee, ,T;, approved conservation plan determination will be required before draining,
If eliglbllity for USDA beneft,s is to be main. is require-, afore a crop is planted for clearing, or other alteration of a wet area
talned, an approved con,.ervation plan is fields Identified on line 9. for the purpose of planting an agricultural
required onl the fields identified on line 8. commodity."
29. 1 certify that the above determination is correct and adequate for use in determining 30. Sig tune f SCS DIStrlet Con etio,)list 31. Date
?ligibili y for USDA program benefits, and that wetland hydrology, hydric soils, and . *?...
ydrophydc vegetation under nornral circumstances exist on altareas outlined as limp
Assistance and programs of am Solt conservation Service available without regard to rats, religion, color, sex, age, or handicap.
crc r?,,,,p
,

4:q4 4-C, i4 d.v. rta 4 -rt f6tf?
?,. 6 k tf i p-Qd..:>
I' r
?? I r

7
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: I Date: - IL5 - 6b_
County: :z ! - -1,e
Applicant/Owner:
Investigator: t 11 State: IV C-.
es No
l Circumstances Exist on the site?
D
N Community ID :
j
orma
o
Is the site significantly disturbed (Atypical Situation)? No' Transect ID:
Is the area a potential Problem Area? dFol Plot ID:
(if needed, explain on reverse.)
VEGETATION y ! \ ???
/n a a=? 4 Alp .
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
9.
2. r? ?a ser!r lad 10.
3. ???•Pl?•?-4- ca?1QnS15 ?_ ?? ?? 11.
12
5. 13.
6. -
14.
7.
8. 16:
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-).
Remarks:
HYDROLOGY j
i

(Describe in Remarks):
Recorded Data Wetland hydrology, Indicators:
.
_
Streaml Lake; or Tide Gauge Prima ndicators:
Aerial hotographs
s Other Inundated'
Saturated.in UpperA2 Inches
No Recorded Data Available Water Marks
Drift Lines
Sediment Deposits
Field Observations: Drainage Patterns in Wetlands.

?

i
Secon ore required):
dary Indicators (2 orm
d Root Channels in Upper 127
? Oxidiz
ater.
Depth of Surface n.).
( e
Water-Stained Leaves
Depth to Free Water in Pit: (in.) Local Soil Survey Data
FAC-Neutral Test
Depth to Saturated Soil: (in.? Other (Explain in Remarks)
j
Remarks: .
J
/
SOILS
Map Unit Name
(Series and Phase): Drainage Class:
Field Observations
Taxonomy (Subgroup): Confirm Mapped Type? Yes t00
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
?yk 3?L s ?-
4r .
led L?? tb u s L v. .??..
Hydric Soil Indicators:
Histosol _ Concretions
_
_ Histic Epipedon _ High Organic Content in Surfa ce Layer Sandy Soils
_ Sulfidic Odor _ Organic Streaking in Sandy Soils
Aquic Moisture Regime _ Listed on Local Hydric Soils List
? Reducing Conditions _ Listed on National Hydric Soils List
_ Gieyed or Low-Chroma Colors _ OLhe (Explain. i.. iZaiarkt)
Remarks:
M - "'
WETLAND DETERMINATION
Hydrophytic Vegetation Present? es No (Circle) .
Wetland Hydrology Present? ryw es No
Hydric Soils Present? - = No
Remarks:
..
(Circle)
Is this Sampling Point Within a Wetland? No
_.; y

Aonmved by
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
: Date: =(0 - 00
-
wner. I - f_ cL
F
j _c .j d A
County: Hat,
N
St
t
ta: M
vest?ator
rln a
e:
o oCircumstances Exist on the site? . Na Community ID :
Is the site significan ly disturbed (Atypical Situation)? Yes Transect ID:
Is the area a potential Problem Area? Yes No Plot ID:
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator

2. 1 r 10
OA?Gt 61
rM C L 11.
,
3. C
_
i
4.' 0 V, A A L4 12
5. 13.
6. _ 14.
7. - 15. --_ _ -
8. f 16:
Percent of Dominant Species that are OBL, FACW or FAC ?O
(excluding FAC-)..

Remarks:
Ile
HYDROLOGY
b
_ Recorded Data (iescribe in Remarks):` .
m Wetland hydrology Indicators:
di
t
Lake, or Tide Gauge
Strea ors:
ca
Primary In
Aerial Photographs Inundated
Other Saturated in Upper. 12 Inches
No Recorded Data Available
- Water Marks
?'-
Drift Lines ... . ...
Sediment Deposits
Field Observations: Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface ater: (in.) Oxidized Root Channels in Upper 12"

Depth to Free Water in Pit: y (in.) Water-Stained Leaves
Local Soil Survey Data

Depth to Saturated Soil: (in.) FAC-Neutral Test
Other (Explain in Remarks)
Remarks:

SOILS
Map Unit Name
r-t W D
(Series and Phase): Drainage Class:
Field Observations
w
Taxonomy (Subgroup): Confirm Mapped Type? YesL
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
inches Horizon (Munsell. Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
t> -`i 'C'2 3 c- J L
t.{ - 2lJ ?Z f'? r a Iq
L ' ?-

Hydric Soil Indicators:
Histosol _ Concretions
_
_ Histic Epipedon _ High Organic Content in Surfa ce Layer Sandy Soils
_ 5ulfidic Odor -Organic Streaking in Sandy Soils
_ Aquic Moisture Regime Listed on Local. Hydric Soils List
_ Reducing Conditions _ Listed on National Hydric Soils List
- Gleyed or Low-Chroma Cows Oib.et (Explain M. &rZzmcr kc)
Remarks:

WETLAND DETERMINATION
Hydrophytic Vegetation Present? No (Circle) (Circle)
Wetland Hydrology Present? es
Hydric Soils Present? Yes Is this Sampling Point Within a Wetland? Yes H
0
Remarks:
Approved by HQUSACE 3192
Fish creek
so wgter cF6nsav tton DbMCt
county ral center
tlRo 0 BOY 81
H# Y, NOr C ro 27839-0008
[phone] EXC. 3

August -1?, 2000
Todd Tu
6508 Fa
Suite 12
Raleigh,
Dear Mr.
of the Neuse Rd.
.C. 27615
A? per our agency memorandum of Agreement (MOA), this serves as my notice
that I am considering changing a non-agricultural wetland determination. The site is
located ini Section.east ofHeathsville Township in Halifax County, North Carolina. (See
Attached Map)
The site was and is identified as a wetland. I am considering changing it to a
CWNA on 4.98 acres. The reason for this change is. to build a pond for irrigation
purposes.
.If you have any concerns with this proposed change, or if you feel the change
could. not be used for Section 404, please contact :me during the next 45 days so that we
may discuss the issues and to reach concurrence.
If Z, have not heard any concerns within 45 days, I will complete my
determination. If you have no concerns, please advise me as soon as possible so we can
inform our client.
Sincerely,
J. Wayne
AAV

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890 '
WILMINGTON, NORTH CAROLINA 28402-1890
September 22, 2000
IN REPLY REFER M
Regulatory Division
Action ID No. 280021953
I
Mr. Allen Ray Stallings
25700 Highway 561
Enfield, NC 27823
Dear Mr. Stallings:
Reference is made to the letter of August 13, 2000, submitted b Mr.
by Wayne Short with the
Natural Resources Conservation Service (Halifax County), regarding your proposed plans to
construct a pond' for irrigation on your property on NC 561 east of Heathsville in Halifax County,
North Carolina.. Your letter requested a review of the proposed work and a determination of
Department of the Army permit requirements.
The letter indicated that the proposed pond is to be constructed in a wetland area adjacent
to Beaverdarn S vamp in, the Tar-Pamlico River Basin, and will. result in the loss of up to 4.98.
acres of wetlands due to fill and flooding. In subsequent conversations between Mr. Short and
Mr. Todd Tugwell of my staff; we were made aware that it is your intent to construct the.pond by
building a dam. i Please be aware that you must obtain Department of the Army (DA) permit
authorization prior to the placement of any fill material into waters of the U.S., to include
wetlands, associated with the construction of a dam or mechanized landclearing. As an
alternative, an excavated pond with no dam, dike, or other above-ground impoundment structure
could be exempt from DA permit requirements provided the pond is sized appropriately for your
irrigation needsl As a condition of this exemption, all excavated or dredged material must be
removed to high ground or,. if this is not possible, placed in the wetland in intermittent piles so as
not to obstruct the flow of water.
Should yo,'u have any questions or wish to schedule a field visit to discuss your project with
a member of my staff, please contact Mr. Tugwell with the Raleigh Regulatory Field Office, at
telephone [phone]; extension 26.
Sincerely,
S. Kenneth Jolly
Chief, Raleigh Regulatory
Field Office
Copy Furnished:
Mr. Wayne Short
Natural Resources Conservation Service
Halifax County Field Office
Post Office Box 8
Halifax, North Carolina 27839-0008

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890 ,
WILMINGTON, NORTH CAROLINA 28402-1890
December 6, 2000
REPLY REFER M
Regulatory Division
Action ID No.
Mr. Allen Ray Stalli
25700 Highway;' 561
Enfield, NC 27,23
Dear Mr,
1953 and Nationwide Permit No. 18 (Minor Discharges)

Reference is made to our meeting on November 15, 2000, accompanied by Mr. Todd
Tugwell of my staff, on your property located on the north side of NC 561, east of Heathsville, in
Halifax County, North Carolina. During the. meeting you described plans to excavate a new pond
and expand an existing pond-for irrigation, and to construct a bridge crossing to improve access
to fields on yo farms.
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 December 13, 1996, lists
nationwide permits. Regarding your proposed placement of fill material on top of the dam of the
existing small pond on your property, authorization was provided, pursuant to Section 404 of the
Clean Water Act, for minor discharges of dredged or fill material into all waters of the United
States. Your work, impacting approximately 0.05 acre of wetland, is authorized by this
nationwide permit provided it is accomplished in strict accordance with your submitted plans and
the enclosed conditions.
Regarding your proposed excavation 'of an irrigation pond along the'run of the unnamed
tributary of Beaverdam Swamp on your property, this activity is exempt and does not require
Department of the Army (DA) authorization provided that all excavated and dredged material is
removed to high ground or, if this is not possible, placed in the surrounding wetland in
intermittent piles so as not to obstruct the flow of water. Please note that construction of a dike,
dam, riser or other impoundment structure within waters or wetlands would be considered a
regulated acti?ity and, accordingly, require prior DA permit approval.
i
You also proposed to construct a steel-frame bridge to provide improved access to the
fields on the north side of the creek on your property. As described on site, the bridge and
required foundations would be constructed to entirely span all waters and wetlands associated
with the tributary and, as such, would not require DA permit authorization. Should you modify
your plans for
please contact
Should y
Field Office, a
the crossing to include the placement of fill or supports within jurisdictional areas,
our office to determine DA permit eligibility.
u have any questions, please contact Mr. Tugwell with the Raleigh Regulatory
telephone [phone], extension 26.
Sincerely,
S. Kenneth Jolly
Chief, Raleigh Regulatory
Field Office
Enclosure
Copy Furni
Mr. Wayne
Natural Rey
Halifax Coi
Post Office
Halifax, Nc
i (without enclosure):
urces Conservation Service
L? Field Office
ox 8
Carolina 27839-0008
r
U.S.D;A.
Soil Conservation Service
HIGHLY ERODIBLE I
CONSERVATION
4. Name of USDA Agency or P
SCS-CPA-026 1. Name and Address of Person 2. Date of Request
\ n' /? ??1
(June 91) AR I ? fr??
I AND WETLAND 3. County
a2
ERMINATION
`9V LAX aK?
Requesting Determination 5. Farm No. and Tract No.
SECTION I - HIGHLY ERODIBLE LAND
FIELD NO.(s) TOTAL ACRES
6. Is soil survey now available for making a highly erodible land deter ' ation? Yes [) No ?
7. Are there highly erodible soil ma units on this farm? Yes f&r No ?
8. List highly erodible fields thaL'according to ASCS records, were used to produce an agricultural commodity in any
crop year during 1981-1985. 1
O
9. List highly erodible fields that ave 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 not
enrolled in a USDA set-aside or diversion program.
10. This Highly Erodible Land determination was completed in the: Office Field ?
SECTION II - WETLAND
FIELD NO.(s) TOTAL ACRES
-11. Are there h dric soils on this fans? Yes No ?
12. Wetlands (W), including abandoned wetlands, or Fanned Wetlands (FM or Farmed Wetlands Pasture (FWP).
Wetlands may be farmed under natural conditions. Farmed Wetlands and Farmed Wetlands Pasture may be
farmed and maintained in the same manner as they were prior to December 23,1985, as long as they are not /' A /
6 V
abandoned. ,f
13. Prior Converted Cropland (?C). Wetlands that were converted 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
the area reverts to wetland as a result of abandonment.
------
14. Artificial Wetlands (AW). Artificial wetlands includes irrigation-induced wetlands. These wetlands are not subject -------
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-effea determination was made.
16. Mitigation Wetlands (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 JRVW-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.
19. Replacement Wetlands (RPW). 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 a violation to be in good faith and the
wetland has been restored.
21. Converted Wetlands (C". 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 Wetiand (CW+? ear). Wetlands converted after November 28,1990. You will be ineligible for USDA
program benefits until this wetland is restored.
23. Converted Wetland Non-Agricultural use (CWNA). Wetlands that arerconverted for trees, fish production, shrubs,
.cranberries, vineyards or building and road construction. I
24. Converted Wetland Technical ical Error (CWTE). Wetlands that were converted as a result of incorrect determination
by SCS.
25. The planned alteration measures on wetlands in fields are considered maintenance 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 become a Converted Wetland (OW). See item 22 for information on CW+yeac.
27. The wetland determination was completed in the office ? field (Kand was delivered[:] mailed[2?6 the person on
28. Remarks. Only those fields marked oo =4 WA If eligibility for USDA benefits Is to be "This farm contains Hydric Soils. A wetlands
were checked.
maintainer', nj+ approved conservation plan determination will be required before draining,
If eligibility for USDA bene{:s Is to be main- is require: tc-.ore a crop is planted for clearing, or other alteration of a wet area
talned,J an approved conservation plan is fields Identified on line 9. for the purpose of. planting an agricultural
reculre an the fields Identified on line a_ ,...mm,.,,,f., „
29, t certify that
eligibility for
cf,c ('....:y
color, sax, aye, or handicap.
w
8-/3-0wdo
ti
r
i i

i
s??1.e ie ; - ,.,o-o-dz>
1
f
Oe \ \ ?r
f? _ Sid

DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
i ?-
r
)V
Project/Site:
-? ' a f
t/O
li Date:
Count
: !
wner:
can
App y
Investigator: State: jV
No
Do Normal Circumstances Exist on the site? F Community ID : W
Is the site significantly disturbed (Atypical Situation)? No' Transect ID:
Yes
Is the area a potentialProblem Area? 673> Plot ID:
(If needed, explainon reverse.)
VEGETATION r I --?1 1 \ ' ( ck`'?r- p-at
p_ r 6 v
n Lrr7l rn ?t W - I Y'?dY?a D ?i..r?, _A .,. t?...?
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
` f
2. A ? vL w o s¢r K (47 Mc 0 i' 10.
3. ?1-??.Pl(y9- GaenSlS _? I ?
?1'? 11.
4 AA 12.
5, 13.
14:
7.
_
i
8.
77 16:
Percent of Dominant Species that are OBL, FACW or FAC d L)
(exciWing FAC-).
Remarks: j .
1
.
HYDROLOGY I
i
Recorded Data (Describe in Remarks) Wetland hydrology. Indicators:
Stream, Lake; or Tide Gauge Prim7Andicators:
Aerial Photographs
/ Other Inundated
Saturated.in UpperA2 inches
/i No Recorded Data Available
- Water.Marks
Drift Lines
Sediment Deposits.
Field Observations: Drainage Patterns in Wetlands.
. Secondary Indicators (2 or more required):
Depth of Surfaci; Water: (in.). ? Oxidized Root Channels in Upper 12°
Water-Stained Leaves
Depth to Free Water in Pit: (in.) Local Soil Survey Data
FAC-Neutral Test
Depth to Saturated Soil: Other (Explain in Remarks)
Remarks: ?

/
SOILS
Map Unit Name
1
(Series and Phase): -3-
Drainage Class:
Field Observations
Taxonomy (Subgroup): Confirm Mapped Type? Yes IVo
Profile Description:
Depth Matrix Color
Mottle Colors
Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.

y
elf -

l

Hydric Soil Indicators:
Histosol _ Concretions
Histic Epipedon _ High Organic Content in Surfa ce Layer Sandy Soils
Sulfidic Odor _ Organic Streaking in Sandy Soils
Aquic Moisture Regime
' _ Listed on Local Hydric Soils List
V7
Reducing Conditions _ Listed on National Hydric Soils List
_ Gieyed or Low-Chioma Colors _ Ocher (ExNlaii, In Ramnari:c)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? es No (Circle) (Circle)
Wetland Hydrology Present?,.,.. was No
Hydric Soils Present? YesJ 'No Is this Sampling Point Within a Wetland? tes) No
Remarks:
Approved by HQUSACE 3/92

DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: Date: -to - 00
Applicant/Owner: e+?ar; ?! cL , ,, ,, , County: Ha(' d X
Investigator k), M State: N C
Do Normal Circumstanlces Exist on the site? . No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes Transect ID:
Is the area a potential Problem Area? Yes o Plot ID:
(If needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator

J f 1I ,.j FA C_ 10

3.
4. 0 11 ? ;;. U /icy 12
5. 13.
6. ' . _ 14.
7. 15.
8. 16:
Percent of Dominant?Species that are OBL, FACW or FAC j-O
(excluding FAC-..
Remarks:
HYDROLOGY
?(Describe in Remarks):
Recorded Data Wetland hydrology Indicators:
_
Lake, or Tide Gauge
Stream
l Primary Indicators:
,
Aeri21 Photographs Inundated.
Other Saturated in Upper, 12 Inches
No Recorded Data Available Water Marks
" r -
- ; Drift Lines - -
Sediment Deposits
Field Observations: Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface Water: (in.) Oxidized Root Channels in Upper 12°

Depth to Free Water in Pit: 2 y (in.) Water-Stained Leaves
Local Soil Survey Data

Depth to Satu Ited Soil: 26 (in.) FAC-Neutral Test
Other (Explain. in Remarks)

Remarks:
i
•
SOILS
Map Unit Name M D
(Series and Phase): Drainage Class:
Field Observations
Taxonomy (Subgroup): Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.

3 `
t> - `l YA /00
L?

Hydric Soil Indicators:
Histosol _ Concretions
_
_ Histic Epipedon _ High Organic Content in Surfa ce Layer Sandy Soils
_ Sulfidic Odor _ Organic Streaking in Sandy Soils
- Aquic Moisture Regime Listed on Local Hydric Soils List
_ Reducing Conditions _ Listed on National Hydric Soils List
- Gleyed or Low-Chroma Cows veer (ExNAalz i? ^srrs;?: )
Remarks:
O Y L
C
(
!
ir
WETLAND DETERMINATION
Hydrophytic Vegetation Present? (Circle) (Circle)
Wetand Hydrology Present? ees
Hydric Soils Present? Yes Is this Sampling Point Within a Wetland? Yes No
Remarks:
Approved by HQUSACE 3/92

August 13,
Soft Wd h nserv tion DUtrfct
x county cuural center
PO?t 0 BOX'S
HgggY,, NOrth c ro 27839-0008
[phone] Vt. 3
Todd Tugv
6508 Falls
Suite 120
Raleigh, N
the Neuse Rd.
27615
Dear Mr. Tugwell
As per our agency memorandum of Agreement (MOA), this serves as my notice
that I am considering changing a non-agricultural wetland determination. The site is
located in Section.east ofHeathsville Township in Halifax County, North Carolina. (See
Attached Map)
The site was and is identified as a wetland. I am considering changing it to a
CWNA oni4.98 acres. The reason for this change is. to build a pond for irrigation
purposes.
If you have any concerns with this proposed change, or if you feel the change
could_ not be used for Section 404, please contact -me during the next 45 days so that we
may discuss the issues and to reach concurrence.
If Ii have not heard any concerns within 45 days, I will complete my
determination. If you have no concerns, please advise me as soon as possible so we can
inform our client.
Sincerely,
r?
J. Wayne
i
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Regulatory
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
September 22, 2000
REPLY REFER M
Action ID No. 200021953
1&. Allen Ray S
25700 Highway
Enfield, NC 271
Dear Mr.
Reference is made to the letter of August 13, 2000, submitted by Mr. Wayne Short with the
Natural Resourcgs Conservation Service (Halifax County), regarding your proposed plans to
construct a pond for irrigation on your property on NC 561 east of Heathsville in Halifax County,
North Carolina. Your letter requested a review of the proposed work and a determination of
Department of the Army permit requirements.
The letter i dicated that the proposed pond is to be constructed in a wetland area adjacent
to Beaverdam Swamp in, the Tar-Pamlico River Basin, and will.result in the loss of up to 4.98.
acres of wetlands due to fill and flooding. In subsequent conversations between Mr. Short and
1VIr. Todd Tugwell of my staff; "we were made aware that it is your intent to construct the. pond by
building a dam. Please be aware that you must obtain Department of the Army (DA) permit
authorization prior to the placement of any fill material into waters of the U.S., to include
wetlands, associated with the construction of a dam or mechanized landclearing. As an
alternative, an excavated pond with no dam, dike, or other above-ground impoundment structure
could be exempt from DA permit requirements provided the pond is sized appropriately for your
irrigation needs. As a condition of this exemption, all excavated or dredged material must be
removed to high 'ground or, if this is not possible, placed in the wetland in intermittent piles so as
not to obstruct the flow of water.
Should you have any questions or wish to schedule a field visit to discuss your project with
a member of my staff, please contact Mr. Tugwell with the Raleigh Regulatory Field Office, at
telephone 919-87,6-8441; extension 26.
Sincerely,
S. Kenneth Jolly
Chief, Raleigh Regulatory
Field Office

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 189o
WILMINGTON, NORTH CAROLINA 28402-1890
December 6, 2000
PZV REFER TO
Regulatory Division
Action ID No. 200021953 and Nationwide Permit No. 18 (Minor Discharges)
Mr. Allen Ray talli
25700 Highway 561
Enfield, NC 27,823
Dear Mr. Stallings:
WEIC
Reference is made to our meeting on November 15, 2000, accompanied by Mr. Todd
Tugwell of my staff, on your property located on the north side of NC 561, east of Heathsville, in
Halifax County North Carolina. During the meeting you described plans to excavate a new pond
and expand an existing pond.for irrigation, and to construct a bridge crossing to improve access
to fields on your farms.
i
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 December 13, 1996, lists
nationwide permits. Regarding your proposed placement of fill material on top of the dam of the
existing small pond on your property, authorization was provided, pursuant to Section 404 of the
Clean Water Acct, for minor discharges of dredged or fill material into all waters of the United
States. Your work, impacting approximately 0.05 acre of wetland, is authorized by this
nationwide permit provided it is accomplished in strict accordance with your submitted plans and
the enclosed conditions.
Regardinj your proposed excavation'of an irrigation pond along the-run of the unnamed
tributary of Bea]verdam Swamp on your property, this activity is exempt and does not require
Department of the Army (DA) authorization provided that all excavated and dredged material is
removed to high ground or, if this is not possible, placed in the surrounding wetland in
intermittent piles so as not to obstruct the flow of water. Please note that construction of a dike,
dam, riser or other impoundment structure within waters or wetlands would be considered a
regulated activity and, accordingly, require prior DA permit approval.
You also proposed to construct a steel-frame bridge to provide improved access to the
fields on the no?th side of the creek on your property. As described on site, the bridge and
required foundations would be constructed to entirely span all waters and wetlands associated
with the tributary and, as such, would not require DA permit authorization. Should you modify
i ;
I '

your plans for the crossing to include the placement of fill or supports within jurisdictional areas,
please contact our office to determine DA permit eligibility.
i
Should y?u have any questions, please contact Mr. Tugwell with the Raleigh Regulatory
Field Office, ax telephone [phone], extension 26.
Sincerely,
i
S. Kenneth Jolly
Chief, Raleigh Regulatory
Field Office
Enclosure
Copy Furnish (without enclosure):
Mr. Wayne Short
Natural Resources Conservation Service
Halifax County Field Office
Post Office Box 8
Halifax, North Carolina 27839-0008
U.S.DrA.
Soil Conservation Service
HIGHLY ERODIBLE I
CONSERVATION
4. Name of USDA Agency or
SCS-CPA-026 1. Name and Addre e o
(June 91) 1
D AND WETLAND
TERMINATION
1 Requesting Determination ,. 5. Farm No. and Tract No.
1. HIGHLY ERODIRLE LAND
2. Date of Request
8- /U- co
3. County ,
/7V-
/ FIELD NO.(s) TOTAL ACRES
6. Is soil survey now available for malting a highly erodible land deter ation? Yes MJ No ?
7. Are there highly erodible soil m units on this farm? Yes No ?
8. List highly erodible fields that'
crop year during 1981-1985. according to ASCS records, were used to produce an agricultural commodity in any
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 not
enrolled in a USDA set-aside or diversion program.
10. This Highly Erodible Land determination was completed in the: Office Field ?
SFCT1nN 11. WETLAND
FIELD NO.(s) TOTAL ACRES
-11. Are there h dric soils on thi? farm? Yes No ?
12. Wetlands (W), including abandoned wetlands, or Farmed Wetlands (FW) or Farmed Wetlands Pasture (FWP).
Wetlands may be farmed ur i er natural conditions. Farmed Wetlands and Farmed Wetlands Pasture may be
farmed and maintained in the same manner as they were prior to December 23, 1985, as long as they are not ?? A,
6 v
abandoned.
13. Prior Converted Cropland (PC). Wetlands that were converted prior to December 23, 1985. The use, management,
drainage, and alteration of prior converted cropland (PC) are not subject to the wetland conservation provisions u6less
the area reverts to wetland as a result of abandonment.
14. Artificial Wetlands (AW). Arpficial wetlands Includes irrigation-induced wetlands. These wetlands are not subject
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 (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.
19. Replacement Wetlands (RPW). 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 a violation to be in good faith'and the
wetland has been restored.
21. Converted Wetlands (CW). 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). Wetlands converted after November 28,1990. You will be ineligible for USDA
program benefits until this wetland is restored.
23. Converted Welland Non-Agricultural use (CWNA). Wetlands that arer converted for trees, fish production, shrubs,
.cranberries, vineyards or bui ding and road construction. 1
24. Converted Wetland Technica l Error (CWTE). Wetlands that were converted as a result of Incorrect determination
by SOS.
25. The planned alteration meas ures on wetlands in fields are considered maintenance and are In compliance
with FSA.
26. The planned alteration meas ures on wetlands in fields are not considered to be maintenance and if

m5raneu wm cause ine area W oewme a wnvCl ttv vveUanO (liYVl. ".7e nem " ror Imofmauun on t ivv+ye
27. The wetland determination was completed in the office 0 field rVfand was delivered? mailed o the person on
28. Remarks. Only those fields marked a ASCS waa If eligibility for USDA benefits Is to be "This farm eontains Hydric Soils. A wetlands
were checked. maintainm, a;, approved conservation plan
determination will be required before draining,
If eligibility for USDA bene :a Is to be main- Is require: cr`:ore a crop is planted for clearing, or oti:er alteration of a wet area
tained, an approved conservation plan Is fields identified on line 9. for the purpose of planting an agricultural
required on the fields Identified on line a, commodlt ."
29. !certify that the above determination is correct and adequate for !in determining 30. Sig ture f SCS District Cone Ist 31. Date
eligibilityfor USDA program beeefits, and that wetland hydrology, hydric soils, and
hydrophytic vegetation under normal circumstances exist on alt areas outlined as .-,;'Wd
Wetlands, Farmed Wetlands. and Farmed Wetlands Pasture.
Assistance and programs of the Solt Conservation Service available without regard to rats, religion, color, sex, age, or hand/cap.
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DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project(Site:
Applicant/Owner:
?-? kr'4 5 f Date: y ILI - be
County: :? ! Y
Investigator: I I State: c
Do Normal Circumstances Exist on the site Yes No
w
Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes No' Transect ID:
Is the area a potential Problem Area? Yes Plot ID:
(if needed, explain on reverse.)
VEGETATION .-# \ f 6
4 /1 ? ,4Lr-?, rn?J-LLSzI - - I Y'rdYra d Qc?i..?, .?iL.,?. L.a., ?•?PJ?... _ !? ? `? 4_ AvQ .
s
Dominant Plant Specie Stratum Indicator Dominant Plant Species Stratum Indicator
s
1. AC wt J? t,c -L"' - T fAQ g
2. AIYLw S¢rr?Ia s, F4C-0 10.
I
3.? P l( Caa nSl S
1
_ '1 FA
11.
6
4.
i 12
5. 13.
.6. _ 14.
7.
8: 16:
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC-).
Remarks:
HYDROLOGY
r'

`4
_ Recorded Data. (D scribe in Remarks): Wetland hydrology, Indicators:
Stream, ; Lake; or Tide Gauge Primaryilndicators:
Aerial P
Other hotographs ?J Inundated
Saturated.in Upper.12 Inches
'V No Recorded Dat a Available Water Marks
- Drift Lines
Sediment Deposits.
Field Observations: Drainage Patterns in Wetlands.

i Secondgry Indicators (2 or more required):
d Root Channels in Upper 12"
? Oxidiz
Depth of Surface W n.).
?ter: ( e
aves
i
d L
St
W
t
ne
e
er-
a
a
Depth to Free Wate r in Pit: (in.) Local Soil Survey Data
FAC-Neutral Test
Depth to Saturated Soil: (in.? Other (Explain in Remarks)
Remarks:
?..?t.-
l

SOILS
Map Unit Name
(Series and Phase):
Drainage Class:
Field Observations
Taxonomy (Subgroup): Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color
Mottle Colors
Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance /Contrast Structure, etc.

C lD K s L vY ?? .
Hydric Soil Indicators:
Histosol _ Concretions
_
_ Histic Epipedon _ High Organic Content in Surfa ce Layer Sandy Soils
Sulfidic Odor - organic Streaking in Sandy Soils
_
Aquic Moisture Regime _ Listed on Local Hydric Soils List
V Reducing Conditions _ Listed on National Hydric Soils List
_ Gieyed or Low-Chroma Colors - Ocher (Explain In 2emiarkt)
Remarks:
M ?
WETLAND DETERMINATION
Hydrophytic Vegetation Present? es No (Circle) (Circle)
Wetland Hydrology Present? Yes No
Hydric Soils Present? Yes' No Is this Sampling Point Within a Wetland? No
Remarks:

ai
Annroved by HQUSACE 3192
DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
Project/Site: - Date: - (0 -00
Applicant/Owner: ear; '? L :Y County: Hat _d X
Investigator: State: /N G
L
Do Normal Circumstances Exist on the site? 6?p No Community ID:
Is the site significantly disturbed (Atypical Situation)? Yes N Transect ID:
Is the area a potentia? Problem Area? Yes No Plot ID:
(If needed, explain; on reverse.)
VEGETATION
i
Dominant Plant Specie
s Stratum Indicator
Dominant Plant Species Stratum Indicator

.v i F/ Cc_ 1o
2. i- r .
C LA 11

4. V1, A FA C L4 12
5. 13.
6. _ 14. '
7.

8 16:
Percent of Dominant species that are OBL, FACW or FAC ?D
(excluding FAC-).
Remarks:
HYDROLOGY
i
Recorded Data (D
scribe in Remarks):`
Wetland hydrology Indicators:
_
Stream, Lake, or Tide Gauge Primary Indicators:
Aerial P hotographs Inundated.
Saturated in Upper. 12 Inches
Other
No Recorded Dat a Available Water Marks
_ Drift Lines
- Sediment Deposits
Field Observations: Drainage Patterns in Wetlands
Secondary Indicators (2 or more required):
Depth of Surface W ter: (in.) Oxidized Root Channels in Upper 12"

Depth to Free Wate
in Pit: (in.) Water-Stained Leaves
Local Soil Survey Data

Depth to Saturated
15oi1: FAC-Neutral Test
Other (Explain. in Remarks)

Remarks:
j
t
?
I
(
t
SOILS
Map Unit Name M D
(Series and Phase): Drainage Class:
Field Observations
Taxonomy (Subgroup): Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Colors Mottle Texture, Concretions,
inches Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.

q

Hydric Soil Indicators:
Histosol _ Concretions
_
_ Histic Epipedon _ High Organic Content in Surfa ce Layer Sandy Soils
_ Sulfidic Odor Organic Streaking in Sandy Soils
- Aquic Moisture Regime _
_ Listed on Local. Hydric Soils List
_ Reducing Conditions _ Listed on National Hydric Soils List
Gleyed or Low-Chroma Colors dinar (Explain in rZamerkZ)
Remarks:

WETLAND DETERMINATION
Hydrophytic Vegetation Present? NA (Circle) (Circle)
Wetland Hydrology Present? es
Hydric Soils Present? Yes Is this Sampling Point Within a Wetland? Yes No
Remarks:
Anamed by HOUSACE

0 Fish* creek
SOtI Water MIS' rro T ifron Dts Ct
county c Mural center
PO OX 8*
Hggd, NOV 278 39-0008
[phone] EXt. 3 , .
August 13,
Todd Tugwell
6508 Falls of the Neuse Rd.
Suite 120
Raleigh, N. C. 27615
Dear Mr. Tugwell
As per our agency memorandum of Agreement (MOA), this serves as my notice
that I am c0sidering changing a non-agricultural wetland determination. The site is
located in Section. east ofHeathsville Township in Halifax County, North Carolina. (See.
Attached Map)
The site was and is identified as a wetland. I am considering changing it to a
CWNA on 4.98 acres. The reason for this change is. to build a pond for irrigation
purposes.
If you have any concerns with this proposed change, or if you feel the change
could not be used for Section 404, please contact me during the next 45 days so that we
may discuss the issues and to reach concurrence.
If I have not heard any concerns within 45 days, I will complete my
determination. If you have no concerns, please advise me as soon as possible so we can
inform our 'client.
Sincerely,
J. Wayne S ort
C
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SFP 2 5 2NO
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
N REPLY REFER M
Regulatory Divisi
Action ID No. 200021953
September 22, 2000
Mr. Allen Ray tallings
25700 Highway 561
Enfield, NC 27823
Dear Mr. Stalli gs:
Reference is made to the letter of August 13, 2000, submitted by Mr. Wayne Short with the
Natural Resources Conservation Service (Halifax County), regarding your proposed plans to
construct a pond for irrigation on your property on NC 561 east of Heathsville in Halifax County,
North Carolina. Your letter requested a review of the proposed work and a determination of
Department of the Army permit requirements.
The letter indicated that the proposed pond is to be constructed in a wetland area adjacent
to Beaverdam Swamp in, the Tar-Pamlico River Basin, and will.result in the loss of up to 4.98
acres of wetlands due to fill and flooding. In subsequent conversations between Mr. Short and
Mr. Todd Tugw6H of my staff; .we were made aware that it is your intent to construct the. pond by
building a dam. Please be aware that you must obtain Department of the Army (DA) permit
authorization prior to the placement of any fill material into waters of the U.S., to include
wetlands, associated with the construction of a dam or mechanized landclearing. As an
alternative, an excavated pond with no dam, dike, or other above-ground impoundment structure
could be exempt from DA permit requirements provided the pond is sized appropriately for your
irrigation needs. As a condition of this exemption, all excavated or dredged material must be
removed to high ground or, if this is not possible, placed in the wetland in intermittent piles so as
not to obstruct the flow of water.
Should youI have any questions or wish to schedule a field visit to discuss your project with
a member of my sstaff, please contact Mr. Tugwell with the Raleigh Regulatory Field Office, at
telephone [phone]; extension 26.
Sincerely,
S. Kenneth Jolly
Chief, Raleigh Regulatory
Field Office
Copy Furnished:
Mr. Wayne Short
Natural Resources Conservation Service
Halifax County Field Office
Post Office Box 8
Halifax, North Carolina 27839-0008
{{yy ?1
i?,,.-p
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890 '
WILMINGTON, NORTH CAROLINA 28402-1890
December 6, 2000
IN REPLY REFER M
Regulatory D}vision
Action ID Nol 200021953 and Nationwide Permit No. 18 (Minor Discharges)
Mr. Allen Ray Stallings
25700 Highway 561
Enfield, NC 27823
Dear Mr. Stallings:
I
Reference is made to our meeting on November 15, 2000, accompanied by Mr. Todd
Tugwell of my staff, on your property located on the north side of NC 561, east of Heathsville, in
Halifax County, North Carolina. During the meeting you described plans to excavate a new pond
and expand an ;existing pond-for irrigation, and to construct a bridge crossing to improve access
to fields on your farms.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33, Code of Federal
Regulations (CiR), Part 330.6, published in the Federal Register on December 13, 1996, lists
nationwide perinits. Regarding your proposed placement of fill material on top of the dam of the
existing small pond on your property, authorization was provided, pursuant to Section 404 of the
Clean Water Act, for minor discharges of dredged or fill material into all waters of the United
States. Your work, impacting approximately 0.05 acre of wetland, is authorized by this
nationwide permit provided it is accomplished in strict accordance with your submitted plans and
the enclosed con ditions.
Regarding your proposed excavation 'of an irrigation pond along the-run of the unnamed
tributary of Beaverdam Swamp on your property, this activity is exempt and does not require
Department of the Army (DA) authorization provided that all excavated and dredged material is
removed to high ground or, if this is not possible, placed in the surrounding wetland in
intermittent piles so as not to obstruct the flow of water. Please note that construction of a dike,
dam, riser or other impoundment structure within waters or wetlands would be considered a
regulated activity and, accordingly, require prior DA permit approval.
You also proposed to construct a steel-frame bridge to provide improved access to the
fields on the north side of the creek on your property. As described on site, the bridge and
required foundations would be constructed to entirely span all waters and wetlands associated
with the tributary and, as such, would not require DA permit authorization. Should you modify
your plans
please con
Should
Field Office,
the crossing to include the placement of fill or supports within jurisdictional areas,
our office to determine DA permit eligibility.
ou have any questions, please contact Mr. Tugwell with the Raleigh Regulatory
t telephone [phone], extension 26.
Sincerely,
S. Kenneth Jolly
Chief, Raleigh Regulatory
Field Office
Enclosure
Copy Furnish
Mr. Wayne S
Natural Reso-
Halifax Coup
Post Office B
Halifax, Nort
I
ed (without enclosure):
;es Conservation Service
Field Office
;8
Carolina 27839-0008