19870004 Ver 1_COMPLETE FILE_19870401

IN REPLY REFER TO
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
March 31, 1987
SUBJECT: Nationwide Permit Number 26
Ms. L. K. (Mike) Gantt, Field
Supervisor
Division of Ecological Services
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Dear Ms. Gantt:
h, P ..

In accordance with revised regulations published at 33 CFR
330.7 on October 13, 1986, the following information regarding a
proposed discharge under the nationwide permit at 33 CFR
330.5(a)(26) is forwarded to you. If you have information as to
why the proposed work should not proceed under the nationwide
permit, you should forward that information to the District
Engineer.
If a response is not received from you by April 7, 1987, the
permittee will be advised to commence work under the existing
nationwide permit.
Applicant: Mr. Lavern Allen
Address: Post Office Box 374, Laurinburg, North Carolina 28352
Phone Number: Unavailable
Location/Waterway: Unnamed tributary of Gum Swamp, near Hasty,
Scotland County, North Carolina
Project Description: To place fill material in wetlands of an
unnamed tribuatry of Gum Swamp to construct a dam and establish an
irrigation pond, near Hasty, in Scotland County, North Carolina
Purpose of Work: To establish an irrigation pond to support
agricultural operations
y
-2-
Areas of Waters (including wetlands) Subject to Loss and/or
Substantial Adverse Modification as a Result of Proposed Work:
The work involves the placement of fill material in approximately
1.2 acre of wetlands to form the earthen dam and establish a farm
pond with a pool area of approximatley 2.5 acres
Questions or comments may be addressed to Mr. Ken Jolly,
Regulatory Branch, telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Enclosures
Copies Furnished with enclosures:
V/Mr. William Mills
Water Quality Section
Division of Environmental
North Carolina Department
Resources and Community
Post Office Box 27687
Raleigh, North Carolina
Mr. John Parker
Division of Coastal Management
Management North Carolina Department of Natural
of Natural Resources and Community Development
Development Post Office Box 27687
Raleigh, North Carolina 27611-7687
27611-7687

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Mr. Ken Jolly
U S Army Corps of Engineers
Wilmington District
P.O. Box 1890
Wilmington, NC 28402
Gentlemen;
Mr. Lavern Allen
P.O. Box 374
Laurinburg, NC 28352
March 20, 1987
-Ai
I am writing to request information concerning a farm pond that I
would like to construct. I would like to know whether or not I need a permit
to construct a farm pond. The purpose for the pond is to provide irrigation for
my agricultural operation of field crops and a vineyard.
The following data is provided by the Soil Conservation Service as a
technical assistance service to me. The pool area of the pond will be
approximately 2.5 acres. The wetlands area that will be converted will be 1.2
acres. This area was measured by using a digitized planimeter. The flow of the
water out of the pond once the pond fills up, will be 1.86 CFS.
Attached is a copy of the Scotland County Soil Survey map of the pond
area, and a copy of the U.S. Geological Survey Tppographic map of the area also.
If you need any more data to make your determination, please do not
hesitate to contact me.
Sincerely,
,?. r..t,AtAt,v
Lavern Allen

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890 ^ E C E ' ` \v/ J 0.W. ^ D
WILMINGTON, NORTH CAROLINA 28402-1890 K E
IN REPLY REFER TO
Regulatory Branch
March 25, 1987
MAR 3 0 1987
WATER QUALITY SECTION
OPERATIONS PR,ANCH
Mr. Lavern Allen
Post Office Box 374
Laurinburg, North Carolina 28352
Dear Mr. Allen:
Reference your letter of March 20, 1987, regarding your plans
to construct a farm pond to provide irrigation for agricultural
operation of field crops and a vineyard on lands southwest of
Hasty in Scotland County, North Carolina.
The discharge of dredged or fill material resulting from the
construction or maintenance of farm or stock ponds is not
prohibited by or otherwise subject to regulation under Section 404
of the Clean Water Act, provided the dredged or fill material
contains no toxic pollutants and waters of the United States are
not converted to a new use. Therefore, a Department of the Army
permit will not be required for the work you propose.
Although you are not required to obtain Federal authorization,
you should contact appropriate State and local agencies before
beginning work.
Questions or comments may be addressed to Mr. Ken Jolly,
Regulatory Branch, telephone [phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
Copy Furnished:
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687

State of North -Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James. G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary June 22, 1987 Director
Mr. Lavern Allen
P.O. Box 374
Laurinburg, NC 28352
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Dam for Pond
Lavern Allen
Tributary to Gum Swamp
Scotland County
Dear Mr. Allen:
Attached hereto are two (2) copies of Certification No. 2099
issued to Lavern Allen dated June 22, 1987.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Paul Wilms
cc: Wilmington District Corps of Engineers
Fayetteville Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O Box 276s7, Raleigh, North Carolina 27611-7687 Telephone [phone]

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NORTH CAROLINA
Scotland County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Lavern Allen pursuant to an
application filed on the 11th day of May, 1987 to construct a dam for an
irrigation pond near Hasty.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of a tributary
to Gum Swamp in conjunction with the proposed dam construction in
Scotland County will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State of
North Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in
accordance with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction-
related discharge (increases such that the
turbidity in the Stream is 50 NTU's or less
are not considered significant).
2. That appropriate sedimentation and erosion control
measures shall be employed to minimize turbidity
and siltation impacts.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions.are made conditions of the Federal Permit.
This the 22nd day of June, 1987.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Oe R. Paul Wilms. Director
WQC# 2099
/k ..; :,*

State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor R. Paul Wilms
S. Thomas Rhodes, Secretary Director
June 22, 1987
Mr. Lavern Allen
P.O. Box 374
Laurinburg, NC 28352
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Dam for Pond
Lavern Allen
Tributary to Gum Swamp
Scotland County
Dear Mr. Allen:
Attached hereto are two (2) copies of Certification No. 2099
issued to Lavern Allen dated June 22, 1987.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Paul Wilms
cc: Wilmington District Corps of Engineers
Fayetteville Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
}
NORTH CAROLINA
Scotland County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to Lavern Allen pursuant to an
application filed on the 11th day of May, 1987 to construct a dam for an
irrigation pond near Hasty.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of a tributary
to Gum Swamp in conjunction with the proposed dam construction in
Scotland County will not result in a violation of applicable Water
Quality Standards and discharge guidelines. Therefore, the State of
North Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in
accordance with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction-
related discharge (increases such that the
turbidity in the Stream is 50 NTU's or less
are not considered significant).
2. That appropriate sedimentation and erosion control
measures shall be employed to minimize turbidity
and siltation impacts.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 22nd day of June, 1987.
DIVISION OF ENVIRONMENTAL MANAGEMENT
avx;
Oe-R. Paul Wilms, Director
WQC# 2099

I
i
1Mr. Lavern Allen
-""P.O. Box 3 74
Laurinburg, NC 28352
May 4, 1987
Mr. William Mills
Water Quality Section
Division of Enviromental Management
NC DNRCD
P.O. Box 27687
Raleigh, NC 27611-7687
Dear Sir;
I am writing to obtain a permit from DNRCD which will allow
me to build a pond in Scotland County, NC. I have already obtained a
nationwide permit from the US Army Corp of Engineers.
Please advise me how I should go about obtaining the State of
North Carolina permit which will allow construction of my proposed pond.
Attached you will find a copy of the approval given by the US Army Corp of
Engineers.
Sincerely,
4vt'?? R. E*
Lavern Allen

MAY 1 1987
IN REPLY REFER TO
Regulatory Branch

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
April 22, 1987
SUBJECT: Nationwide Permit No. 26

E r%
Mr. Lavern Allen
Post Office Box 374 MAY 1 1 igg?
Laurinburg, North Carolina 28352 Y"rli t
7w l?LIf Il.lj?
Dear Mr. Allen: ?'>'?=Cfi'JfUr"4:
Reference your application of March 20, 1987, for a Department
of the Army permit to place fill material in wetlands of an
unnamed tributary of Gum Swamp to construct a dam and establish an
irrigation pond, near Hasty, in Scotland County, North Carolina.
For the purposes of the Corps of Engineers- Regulatory
Program, Title 33, Code of Federal Regulations (CFR), Part 330,
published in the Federal Register on November 13, 1986, lists
nationwide permits. Authorization was provided for discharges of
dredged or fill material into non-tidal rivers, streams, and their
lakes and impoundments, including adjacent wetlands, that are
located above the headwaters and other non-tidal waters of the
United States, including adjacent wetlands, that are not a part of
a surface tributary system to interstate waters or navigable
waters of the United States.
For this nationwide permit to be valid, you must comply with
the following conditions:
a. Any discharge of dredged or fill material will not occur
in the proximity of a public water supply.
b. The activity will not jeopardize a threatened or
endangered species as identified under the Endangered Species Act,
or destroy or adversely modify the cultural habitat of such
species.
c. The activity will not significantly disrupt the movement
of those species of aquatic life indigenous to the waterbody
(unless the primary purpose of the fill is to impound water).
T
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d. Any discharge of dredged or fill material will consist of
suitable material free from toxic pollutants.
e. Any structure or fill will be properly maintained.
f. An individual state water quality certification must be
obtained or waived. Conditions of certification will be
considered to be special conditions of the Federal nationwide
pemit.
g. The following management practices will be followed to the
maximum extent:
(1) Discharges of dredged or fill material into waters of
the United States will be avoided or minimized through the use of
other practical alternatives.
(2) Discharges in spawning areas during spawning seasons
will be avoided.
(3) Discharges will not restrict of impede the movement
of aquatic species indigenous to the waters or the passage of
normal or expected high flows or cause the relocation of the
waters (unless the primary purpose of the fill is to impound
water).
(4) if the discharge creates an impoundment of water,
adverse impacts on the aquatic system caused by the accelerated
passage of water and/or the restriction of its flow will be
minimized.
(5) Discharge in wetland areas will be avoided.
mats.
(6) Heavy equipment working in wetlands will be placed on
(7) Discharges into breeding areas for migratory
waterfowl will be avoided.
(8) All temporary fills will be removed in their
entirety.
F
•
-3-
4
The District Engineer has determined that the individual and
cumulative adverse effects of your work on the environment will be
minimal. Your work is authorized by nationwide permit provided it
is accomplished in strict accordance with the preceding
conditions. Please be aware that this authorization does not
relieve you of the responsibility to obtain any required State or
local approval.
If you have questions, please contact Mr. Ken Jolly,
Regulatory Branch, telephone [phone].
Sincerely, tha s W. H lis
hie , Regulatory Branch
Copies Furnished:
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Natural Resources and
Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
Division of Ecological Services
U. S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039