19920151 Ver 1_COMPLETE FILE_19920101

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO March 23, 1992
Regulatory Branch
Action ID. 199102124, Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Billy Daughty
Route 1, Box 304B
Clinton, North Carolina
Dear Mr. Daughty:
Reference the telephone conversation on March 9, 1992, between you and
Ms. Benton of my staff. You indicated to Ms. Benton that you had previously
been issued a permit by Mr. Mike Taylor of my staff on May 7, 1991 for your
property located east of S.R. 1636 and south of S.R. 1809, above the
headwaters of Rye Branch, Clinton, Sampson County, North Carolina. You
mentioned that the permit expired on January 13, 1992 and asked that the
permit be renewed.
On January 21, 1992, our Nationwide Wide Permits were modified and
reissued. 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
provided:
a. The discharge does not cause the loss of more than 1 acre of waters of
the United States; or
b. The permittee notifies the District Engineer if the discharge would
cause the loss of waters of the United States greater than one but less than
10 acres in accordance with the "Notification" general condition. For
discharges in special aquatic sites, including wetlands, the notification must
also include a delineation of affected specific aquatic sites, including
wetlands; and
c. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
Your work is authorized under paragraph a. above by this nationwide permit
provided it is accomplished in strict accordance with the enclosed conditions.
This nationwide permit does not relieve you of the responsibility to obtain
any required State or local approval. Please contact Mr. Jim Gregson, North

_.w
-2-
Carolina Divison of Environmental Management, telephone [phone], to
obtain a waiver or water quality certification for the proposed work. This
permit is effective upon receipt of the waiver or certification.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the NWP authorization is reissued without modification or the activity
complies with any subsequent modification of the NWP authorization. If during
the 2 years, the NWP authorization expires or is suspended or revoked, or is
modified, such that the activity would no longer comply with the terms and
conditions of the NWP authorization, activities which have commenced (i.e.,
are under construction) or are under contract to commence in reliance upon the
NWP will remain authorized provided the activity is completed within 12 months
of the date of the NWP's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Questions or comments may be addressed to Ms. Benton, Wilmington Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
Enclosure
G. Wayne Wright
Chief, Regulatory Branch
Copies Furnished (without enclosure):
Mr. John Parker Mr. John Dorney
Division of Coastal Management Water Quality.Section
North Carolina Department of Environment, Division,-af-'Environmental Management
Health and Natural Resources Nor -1 arolina Department of
Post Office Box 27687 nvironment, Health and
Raleigh, North Carolina 27611-7687 Natural Resources
Mr. Jim Gregson
Wilmington Regional Office
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Post Office Box 27687
Raleigh, North Carolina 27611-7687
3/. MSwU7F.o
t
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
May 13; 1992
George T. Everett, Ph.D.
Director
Mr. Bills R. Daugh.try
Route 1, Box 304B
Clinton, North Carolina 28323
Dear Mr. Daughtry:
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Hog lagoon and houses
Sampson County
DEM Project 92151
Upon review of your request for Water Quality Certification
to place fill material in 1.0 acres of wetlands for log lagoon
and houses located at SR 1636 and SR 1809 in Sampson 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
91.9/733-1786 or 919/733-1787.
Sincerely,
e rge T. Everett
GTE:JD
Attachment
cc: Wilmington District Corps of Engineers
Fayuetteville 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 919/571-47(X) 919/940-(x481 919/395-39(X) 919/890-7(X)7
Pollution Prevention Pays
RO. Box 29535, Raleigh, North Carolina 276264)535 Telephone [phone]
An 6qua1 UplN)rwnuc \ffirmamc Acn-m I rnpl-cr
4°
90
DIVISION OF ENVIRONMENTAL MANAGEMENT
May 5, 1992
M E M O R A N D U M
TO: John Dorney
Water Quality Planning
FROM: M. J. Noland, Regional Supervisor ?N
Fayetteville Regional Office
SUBJECT: 401 Certification
Billy R. Daughtry Hog Houses
NW 26, Project No. 92151
Near Newton Grove, Sampson County
MAY - R 1992
The subject project involves the placement of fill material in
approximately 1/2 acre of wetland for the purpose of constructing a hog
raising operation. The area involved is a cut-over, isolated wetland with no
known significant wetland uses. Wastewater from the facility will be disposed
of on an upland area adjacent to the site.
Given the low wetland values associated with this site, it is the
recommendation of this office that the appropriate certification be granted.
If additional information or clarification is required, please advise.
MJN/KA/mla
R
DEM ID: 4,A I?...A
JOINT APPLIC FORM R
NA
TIONWIDE PERMITS THAT REQUIRE NO A I CT ENGINEER
NATIONWIDE PERMITS THAT REQUIRE SE 401 CERTIFICAT ON CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE IND VI U 01 CE IFICATION
pip All SECTION
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. BOX 1890 AND NATURAL RESOURCES
WILMINGTON, NC 28402-1890 P.O. BOX 29535
ATTN: CESAW-CO-E RALEIGH, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: Billy R. Daughtry
2. OWNERS ADDRESS: Route 1, Box 304 B, Clinton, NC 28328
3. OWNERS PHONE NUMBER (HOME): [phone] (WORK) : [phone]
4. IF APPLICABLE: AGENT'S NAME OR-RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: Sampson -
NEAREST TOWN OR CITY: Newton Grove
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
Located East SR 1636 and South SR 1809 (1 mile)
(Map Attached) Location from Newton Grove, NC
6. NAME OF CLOSEST STREAM/RIVER: Approximately 1/2 mile to Rye Branch
7.z' RIVER BASIN: Cape Fear
81/ IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO [X]
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ ] NO [X1
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2
2/3/92
a `
-2-
11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: 1.0 or less
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED: 1.0
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): Excavate lagoon and fill
in a minimum amount of wetland area for hog houses. Pad area will be
seeded with suitable permanent grass.
13. PURPOSE OF PROPOSED WORK: To allow construction of animal waste
management facilities.
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. Size tract necessitates that all acres be utilized. Well drained
areas must serve for waste application field.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? YES [ ) NO [ )
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? YES [ ) NO [ )
RESPONSE-`FROM THE SHPO SHOULD BE ATTACHED.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
- ---- - A. WETLAND-DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D.. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
.,COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Farmland Woodland
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
Animal waste will be irrigated from waste treatment lagoon onto
land according to waste mgt. plan to be developed bv,SCS.
R' SIGNATUR DATE
Code NW
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Nationwide Permit Verification
Property Owner/Agent Phone Number (f 9 s?7" b96
t
Address
Size and Location of Property S ; ac a .`rc?? ? • " ='` S `R
- emu''-if1,1. -Sc 'J 2 :155 ? ? : ?. ?,?:'•.i5'?'=J'n,.o Gl+R1?R° p v ?e5 ? t ?j ?NEr'?'!a.? c?r, A'
a
The proposed project as described below is regulated by () Section 404 of the Clean Water Act (33 U.S.C.)
and/or () Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) and is authorized in accordance
with paragraph 330.5 of the Regulatory Programs of the Corps of Engineers as published in the Federal
Register November 13, 1986.
1 i
A. Waterway ?f'1 k- YG% V`:, ^\A--) ; i
1. Above headwaters. V/2. Isolated N/A
B. Type of Project Activity Private (V) Commercial ( ) Other
C. The described work is authorized by Nationwide Permit Number in accordance with the
attached general conditions (where applicable) and the following special conditions:
D. Any violation of the general and special conditions described herein may subject the permittee to a work
cessation, restoration order, and/or civil or criminal legal action.
E. This Department of the Army Nationwide Permit.verificatiQn does not relieve the undersigned permittee- .,.-.
of the responsibility to obtain any other required approvals: The permittee may need to contact appropriate
State and local agencies before beginning work.
F. By signature the applicant certifies an understanding and acceptance of all terms and conditions of this
permit.
r-operty.ow er/Agent's Sign Are
Coordinator's
J,
Date Expiration Date
CESAW Form 591
Feb 91
'?r• ? ?,e?ir: yam
r?
t ?.
????rrr - ? r? l/,
"AA
i J ?•'
f;
tj T 3? s S '?• 1 GCB }?
t
1 1 5 7
4 G r <. cy "` x
??'•. ` •/ ? ?; it , , ; L'p ?,. ?-.'
V. j7 ?• ??}T• X14 ?f ? '°iw"?•,a?•.. ? x? R H
/gyp 3? t '?
.""'?'?7f•` ? J% \i r?Rr tied dS „
k Y. ? .
4

p
Pro ? -
0
9Bo_gL \
Pretdscd La9?""
?F-Y4s'nK6 Wbo DS
Z10,
r

vo
9ON %10
r ?
1
n . V 46'
.? a
? e' Q vi
w
'1

of ??
4> r?
4x?
r
oj?

\ ?. L
e. a? y t• y t i,
S e•e r ai ° Y3i' , ,
,o
fi
r xa « mw

Pei .4`::• ?' "QOn `` ` 'tom '
s ?
s J r y iv ??+.
;Ql 6 a' o-
nc

o "
n r
tOA a
rx?
ca•
01
I
?(q?eau jaiem si ajayi j! amen
ul pool nay; ql!m /geld u9140 AGgl 'JanannoH =z
•analiaq aldoad Auew se 'spool sjl ysem
Alleme jou seop uooooei ayl spnq pue
s6oil 'ysl4AeJo 'sjoasul 'simn 'UIEl6 un nnni \
^ J
V
Y

a
R t r 4R'..
.x wnw ox_
z -c)
c ne
a aaxuwx a -
\•
S
aW""R
s , 2
'tt6 01
a .
'7
K2 North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, - 3JR3*1
Charles R. Fullwood, Executive Director
r? AY 1 41992
MEMORANDUM
TO: John R. Dorne WETIrar+??. <; _;
• y
Division of Environmental Management
FROM: Dennis Stewart, Manager
Habitat Conservation Program &4a4l itlax
DATE: May 13, 1992
SUBJECT: Comments on Section 401 Water Quality Certification for
Section 404 Nationwide Permit Requests
Biologists on the Wildlife Resources Commission staff have
reviewed the following Nationwide 404 Permit applications. Due
to insufficient staff and time limitations we are unable to
conduct the necessary field investigations to comment on these
applications. This "no comment" should not be considered as
either approval or disapproval of the work proposed. These
projects are:
?' Billy R. Daughtry, Sampson County
2. Betty and Philip Rivers, Brunswick County
3. Alliance Group of Fayetteville, Inc., Cumberland County
4. Village Commons Subdivision, Cumberland County
We appreciate the opportunity to review and comment on these
projects. If we can provide further assistance, please call on
us.
DLS/lp
cc: Thomas Padgett, District 4 Wildlife Biologist