19920274 Ver 1_COMPLETE FILE_19920101

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State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street * Raleigh, North Carolina 27604
James G. Martin, Governor
William W. Cobey, Jr., Secretary
June 4, 1992
George T. Everett, Ph.D.
Director
Mx, Adolph Howard, Jr,
Route 1, Box 140
Albertson, North Carolina 28508
Dear Mr. Howard:
Subject: Proposed Fill in Headwaters or Isolated Wetlands.
Agricultaral land clearing-minimal effect
Duplin County
DEM Project 92274
Upon review of your request for Water Quality Certification
to place fill material in 0.25 acres of wetlands for agricultural.
land clearing located at Albertson, North Carolina in Duplin
County, we have determined that the proposed fill can be covered
by General Water Quality Certification No. 2671 issued.January
21, 1992. A copy of the General Certification is attached. This
Certification may be used in qualifying for coverage under Corps
of Engineers` Nationwide. Permit No. 26.
If you have any questions., please contact John Dorney at
919/733-1786 or 919/733-1787.
Sincerely,
o ge T. Everett
GTE:JD
Attachment
cc: Wilmington District Corps of Engineers
Wilmington DEM Regional office
Mr. John Dorney
Central Files
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal opportunity Affirmative Action Employer

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P. O. Box 277
United States Soil
xenansvilla, NC 28349
Department of Conservption
Agriculture Service Telephone [phone]
----- ti+------------- =--------------- ------------ -----------------
April 28, 1992
Mr. Adolph Howard Jr.
Route 1 Box 140
Albertson, NC A $g'o g
Dear Mr. Howard:
Your request for a minimal effect determination on the 0.2S acre
area on tract 71289 has been approved. Enclosed is a revised
CPA-026 form and aerial map showing the area classified as a
minimal effect wetland. This area can now be cleared without
jeopardising your eligibility for USDA programs; however, please
be aware that this.exemption only relates to the 1990 Farm Bill.
You may still need additional permits from the US Army corp of
Engineers and the NC Division of Environmental Management. These
addresses are listed below for your convenience.
Mr. Jeff Richter
us Army Corp of Engineers
P. O. Box 1890
Wilmington, NC 28402
Mr. John Dorney
Water Quality Section
Division of Environmental Management
NC Department of Environment, Health, and Natural Resources
P. O. BOX 27687
Ralsigh, NC 27611-7687
If you have any questions, please contact me.
sincerely,
tael?8CSugg?
is .
District Conservationist
O The Sol Conservation Service
`J is an agency of Vw
Department of Agriculture
#s.u SC5 CPA-026 1. Name anti Person
Soil Conservation Service (dune 91) 1
HIGHLY ERODIBLE LAND AND WETLAND
CONSERVATION DETERMINATION,
4• Name of USDA Agency or Person Requesting Determination 5. Farm No. and Tract Wo.
SECTION 1- HIGHLY ERODIBLE LAND
FIELD NQ(s) TOTAL ACRES
6. Is soil survey now available for making a highly erodible land deter ? Y No k Fes„ ,:,p r ,
7. Are there highly erodible soil map units on this farm? Yes NO
r
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& List highly erodible fields that, according to ASCS records, were used to produce an agrici tlural corrurwdity 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: Offiee Field ?

- -- FAD NO_(s) TOTAL ACMES
11. Are there h dric soils on this farm? Yes No ?
12. Wetlands (W), including abandoned wetla ds, or Farmed Wetlands (FW) or Farmed Wetlands Pasture (FWP).
Wetlands may be farmed under natural conditions. Farmed Wetlands and Farmed Wellands Pasture may be
farmed and maintained in the same manner as they were prior to December 23,1985, as tong as they are not
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). 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 agreemerd signed 6_C4 O r
at the time the minimal-effect determination was made.
16. Mitigation Wetlands (MIW). Wetlands on which a person is actively aftating 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.
16. 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 (C W+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.
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 ©onwhance
with 1-SA.
26. The planned alteration measures on wetlands in fields are not considered to be makowarloe and a
installed will cause the area to become a Converted Wetland (CW). See ' 22 for iNarmatiorr on GW+year.
27. The wetland determination was completed in the office fie and wa/s? delivered[] mai to the person on r_ '
28. Remarks. J-S?.r/ 3 J ) 1 M'-?' (?. 11" 1 r
4. I certify that the above determination is correct and adequate for use in determirring 30. SignaZZ7eligihiliry for USDA program benefits; and that wetland hydrology, hydrie soils, acrd CI' Z
hydrophyric vegetation under normal circumstances exis! on all areas outlined as
Wetlands. Farmed Wetlands, and Farmed Wetlands Pasture.
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AaeiataOgI and W091`0= Of f/re SON Conservation Ssrria.avafMWo r1OwrrtMyard b race, reigiar; caroy >? +rpb a?
Person Copy
ApW?als
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The conservation provisions of the Food Security Act of 1985 place reisponsibility on U.S. Department of Agrkxdkxe (USDA) agencies for
making dawrminafions;which:'may have significant economic impact on farm operations. These detmmnations are made as aaaarately as
possible. Howmw, there will be situations when persons believe the -rules have. not been pmpw* applied n their rase new" ki the
dermal of `
PWw befit
Each agent'- w AgriaYb,ral'Stabilization and Conservation Service (ASCS), Farmers Horne Administration (FmHA). Federal Crop Insurance
Corporation (FCIC), and Soil Conservation Service- (SCS}--has an appeals procaedure for the purpose of allowing produms to furnish
evidence to support their claims fhat the rules have not been property applied.
Hems ASCS is responsible for determining:
APPS • whether a person is a producer on a field;
To ASCS o establishment of field boundaries;
e whether land was planted to an agricultural commodity any of the years 1981 through 19d5;
a whether land was set aside, diverted, or otherwise not cultivated under a program administered by the Secretary of
Agriculture:
e whether the production of an agricultural commodity on highly erodible land or convened wetland by a tenant is
i required under terms and conditions of the agreement between the landlord and tenant;
o whether the agricultural commodity planted on a field was planted before December 23, WI. or during any crop
year which began before December 23,1985;
auxi.
. _. o whedrer the conversion of a particular wetland was commenced before December 23.1985, or converted since
December 23, 1985 by third party.
fterras Fnill7l is ble #or tetermining whether the procet;dsbfany niade insured, or guaranteed under any
Appeal d provison of .. ,
.
law administered by FmHA will be used for a purpose that Will oorrbit)ute 1n encessive erosion pf
To RaM hilly erodible land or to the conversion of wetland.
Items FCIC is responsible for determining if insured producers or those applying for crop insurance are in compliance
Appealed with the Food Security Act of. 1985.
To FCIC _
lfems SCS is responsible for appeals regarding. , .
Appealed A. Highly erodible land determinations:
o SCS • determination of the land capability classification of afield or a portion of a field.
o detemination of a predicted average annual rate of erosion for a field or a portion of a field;
p determination of the. potential average annual rate of erosion for a field ,or a portion of a field.
• determination by a conservation district, or by a designated conse[vationist in those areas where no c?pnservation
district exists, that a conservation system or a conservation plan should not be approved.
B. Wetland determinations:
• detWrninaltion that. certain land is "a' "wetand° as defr!ed;by'the act;.
a determination that certain land is a "converted wetland" as defined by tfie ad; -
• denrmination of whether the conversion of wetlanO for the production of an agriciAt ral commodity an such
converted wetland will have minimal effect on the hydrological and biological aspects of wetland.
o determination of whether wetlands are exempted as result of being prior converM4 artifid or krigatiow
induced wetlands, or wetlands farmed under natural conditions ;
C. Whether SCS followed its policies and procedures.
How To You should request reconsideration by the person or committee of daeAgerwy malting the initial dolarmirotion - ?;
Appear within 15 days (30 days for FmHA, and 45 days for•SCS) of the mailiri%iof the determr>ations y! 4
,r..y ?wi- tt:::.:. vet .. :...:? . scr,., s:? sir-.?a •roi..;R,..: 5 Sof+°: k.,:. y ,.?,;.,7? ?i"•1r£S`'+',7•.WFa irPt a Xu,Yi.EI
peals of?adverse decisions may be made to the next level of appeal within 15 days (30 #r?r kmHA..and 45 clays for .:
) of the makng of the•deciS7on. Decisions by the highest fisted authority in.each agency:arq fi" and there are no
further administrative appeal rights: The succession of levels for appeal following reconsideration by the person or,
committee mal ng the initial determination are: r . .
FwASCS tTvr FnrtflA_
1 st - County ASC Committee 1 st -County Supervisor
and - State ASCS Committee 2nd - District Director. ,
and `-Deputy Administrator for State and.Courtty.Operations 3rd =State Director . ,.
... :.: .., ,.. ; 41h •r-Administrator
s : 1st --Field Operations " 1st - District Cortservationrst
' 2nd --?, Kansas City Appeal'es 2nd -Area Corlervationst
^. Board: Claims Division 3rd - State Conservationist l
3rd -- Assistant Manager, FCIC Washington, DG 4th - Deputy Chief for I Vograms
'Conpamm iamriuradby FGC writ undue owown appearprooess.
This street provides general information -on -the appeals procedure of the Food Security Act of 19115. Published riles a?!d. ?e?ulaitons
are available of local USDA ot6ces. :. ,
All USDA programs and services am quailable without regard to race, color, national origin, religion, sex, ape. marital status, or tialradicaP
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