Department of Army (9)

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS COQ
P.O. BOX 1890 Jam...
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
June 5, 1995
Regulatory Branch
Action ID No. 199502307; Farm Road Exemption and Nationwide Permit No. 26
(Headwaters and Isolated Waters)
Mr. Douglas Michael Thomas
242 Jackson Store road
Beulaville, North Carolina 28518
Dear Mr. Thomas:
Please reference your application dated March 13, 1995, in whi yo"'
requested authorization to deposit fill materials over approximate one'-third
acre of wetlands for the construction of an access road to your fa ing opera
Your property is located off State Road 1800, near Beulaville; in Du lin C t
North Carolina.
Construction or maintenance of farm roads to be used solely for farming
functions are exempt from regulation under Section 404 of the Clean Water Act.
However, to meet this exemption, the road must be constructed and maintained in
accordance with certain best management practices (BMPs) to assure that: (1) flow
and circulation patterns and chemical and biological characteristics of waters of
the United States are not impaired; (2) that the reach of the waters of the United
States is not reduced; and (3) that any adverse effect on the aquatic environment
is minimized. The BMPs applied to satisfy this provision also include those
described in the State of North Carolina approved program description pursuant to
the requirements of 40 CFR Part 233.22(1).
According to the information contained in your request, you are proposing to
construct a 30-feet wide farming road. Please note that BMP (a.) on the attached
list requires that the farm road shall be held to the minimum feasible number,
width, and total length consistent with the purpose of specific farming. We have
determined that a width of 30-feet is not the minimum width feasible for your
project. The standard acceptable road width has been determine to have a 12-foot
top width and built with 1:1 side slopes. If there are circumstances that make a
road of this size insufficient for your farming needs, please advise my staff and
we will consider whether a larger road would come under the exemption.
Accordingly, it has been determined that your proposed farming road would be
exempt from regulation by the Department of the Army provided that the road is
Please be aware that this determination does not relieve you of the responsibility
to obtain any other required State or local approval.
You also requested to fill approximately two-tenths acre of jurisdictional
wetlands located above the headwaters of an unnamed tributary to the Northeast
Cape Fear River to be used as a dam flooding approximately two acre of the same
wetlands system for a recreational pond. This request is also on your farm
property.
Printed on 0 Recycled Paper
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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 November 22, 1991, lists nationwide permits. Authorization was provided,
pursuant to Section 404 of the Clean Water Act, for discharges of dredged or fill
material into headwaters and isolated waters by Nationwide Permit #26.
Your work is authorized by this nationwide permit provided it is accomplished
in strict accordance with your submitted plans, the enclosed conditions and
provided you receive a Section 401 water quality certification from the North
Carolina Division of Environmental Management (NCDEM). You should contact Mr.
John Dorney, telephone [phone], regarding water quality certification.
This nationwide permit does not relieve you of the responsibility to obtain other
required State or local approval.
This verification will be valid until the permit is modified, reissued or
revoked, which will occur prior to January 21, 1997. It is incumbent upon you to
remain informed of changes to the nationwide permits, which will be announced by
public notice when they occur. If you commence, or are under contract to
commence, this activity before the date the nationwide permit is modified or
revoked, you will have twelve months from the date of the modification or
revocation to complete the activity under the present terms and conditions of this
nationwide permit.
If you have any questions, please contact Ms. Marta Boris at the Wilmington
Regulatory Field office, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished: (without enclosure)
Mr. John Parker
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
?/Mr. John Dorney
Water Quality Section
Division of Environmental
North Carolina Department
Environment, Health and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina
Management
of
27611-7687