19930173 Ver 1_COMPLETE FILE_19930413

s
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
April 9, 1993
Nationwide Permit No. 26 (PDN), Action ID. 199203145 D
Mr. Julian Weeks
Route 5, Box 611
Newport, North Carolina 28570
Dear Mr. Weeks:
-9 N U V L5
APB' c 0 (093, 10?
Please reference your application we recieved on March 12, 1993, in which
you requested authorization to maintain an existing ditch and to construct a
new drainage ditch on your property. Also reference our letter to you dated
August 12, 1992 and your meeting on June 16, 1992 with Mr. Scott McLendon of
my staff on your property located on the north side of NC 24, approximately
4.5 miles east of the intersection of NC 58 and NC 24, near the community of
Ocean, `ireret CountYY, North Carolina.
As discussed during the on-site meeting, maintenance of drainage ditches
is exempt from regulation under Section 404 of the Clean Water Act. Attached,
please find the Wilmington District Regulatory Operating Policy Statement
regarding maintenance of drainage ditches. Please be reminded that
maintenance is defined as the preservation of the original, as-built
configuration of the ditch, with appropriate side slopes to prevent
anticipated erosion, but with the original depth and bottom width. In
addition, the resultant spoil material is to be contained on top of any
existing spoil berm, or placed in alternate piles 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.
During the aforementioned meeting, you also indicated that you would like
to construct a 1,500 foot ditch along the eastern portion of the property to
establish the property boundary and for drainage. This alignment would cross
Sykes Branch in several locations. From information gathered during this
meeting and from other sources, including the Carteret County Soil Survey and
aerial photography, we have determined that total impacts to waters and
wetlands would be approximately 5.5 acres. Furthermore, Sykes Branch drains
into state designated Outstanding Resource Waters (ORW).
Accordingly, we are requesting that you submit a new application with the
following information:
1. An updated estimate of impacts to wetlands should the project be
authorized.

J
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2. An 8 1/2" x 11" copy of your property map showing the location of the
proposed ditch.
2. A drawing of a typical cross section of the ditch.
3. Method of construction.
4. An indication that the proposed activity does occur in a watershed
classified as ORW (Outstanding Resource Water).
5. An indication that you have contacted the State Historic Preservation
Office, the United States Fish and Wildlife Service, and the National Marine
Fisheries Service.
Questions or comments may be addressed to Mr. McLendon, Wilmington
Regulatory Field Office, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker Mr. Charles Jones, District Manager
North Carolina Department of Division of Coastal Management
Environment, Health and North Carolina Department of
Natural Resources Environment, Health, and
Post Office Box 27687 Natural Resources
Raleigh, North Carolina 27611-7687 Post Office Box 769
Morehead City, North Carolina 28557
-1alr. John Dorney
Water Quality Section Mr. Jim Gregson
Division of Environmental Management Wilmington Regional Office
North Carolina Department of North Carolina Division of
Environment, Health and Coastal Management
Natural Resources 127 Cardinal Drive Extension
Post Office Box 27687 Wilmington, North Carolina 28405
Raleigh, North Carolina 27611-7687

SLATE o?
State of North Carolina
?a 1
ro-CT 18 Wal
,,v„-
Department of Environment, Health, and Natural Resources
Division of Coastal Management
3441 Arendell Street • Morehead City, North Carolina 28557
October 15, 1993
James B. Hunt, Jr., Governor Roger N. Schecter
Jonathan B. Howes, Secretary Director
Mr. Julian I. Weeks
Rt 5, Box 611
Newport, N.C. 28570
RE: COE ID## 199203145, Nationwide Permit Application for an activity located adjacent to
Sykes Branch, Carteret County.
Dear Mr. Weeks:
The North Carolina Division of Coastal Management has reviewed the above referenced application for
a Nationwide Permit dated September 23, 1993 pursuant to Section 307 of the Coastal Zone Management
Act of 1972 as amended. Based upon our review, we have determined that the proposed activity is
consistent with the North Carolina Coastal Management Program provided the following conditions are
met:
The activity described in the above referenced application qualifies to receive one of the
Nationwide Permits described in 33 CFR Part 330 with the exception of Numbers 17,
21, 24, and 34 which were found inconsistent with the North Carolina Coastal
Management Program.
A 401 Water Quality Certification is received, where required, from the North Carolina
Division of Environmental Management.
This letter does not relieve you of the responsibility to insure that all other State authorization and/or
permit requirements are met prior to implementation of the project. Please feel free to contact me at
[phone], Ext. 263, if you have any questions or need further assistance.
Sincerely,
S.
Charles S. Jones
District Manager
cc: Preston P. Pate, Jr.
Steve Benton, Consistency Coordinator
Wilmington District Engineer; ATTN: CESAW-CO-E
John Dorney, DEM/Raleigh
M. City Staff
P.O. Box 769 Morehead City, N.C. 28557 • Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer
fi 5WE6
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor April 22, 1993 A. Preston Howard, Jr., P.E.
Jonathan B. Howes, Secretary Director
Mr. Julian I. Weeks
Route 5, Box 611
Newport, N.C. 28570
Dear Mr. Weeks:
Subject: 401 Water Quality Certification
Timber drainage
Carteret County
DEM #.93173
On 2 March 1993, you wrote to the Division of Environmental
Management requesting a 401 Water Quality Certification for your
project to fill wetlands to construct and maintain ditches for timber
purposes at your property in Carteret County. We have been informed
by the U.S. Army. Corps of Engineers that an Individual Permit will be
required from the Corps. We cannot continue to process your
application until the Corps begins the individual permitting process.
Therefore I must hereby place this project on indefinite hold until
you and the Corps gather the necessary information to develop an
acceptable individual permit application. Also by copy of this
letter, I am also.notifying the U.S. Army Corps of Engineers that this
project will need processing by them. You may want to contact Mr.
Scott McLendon with the Corps at 919-251-4725.
If you believe that this decision is in error, please call me at
919-733-1786 to discuss the matter.
in er
John R. Dorney
Wetlands and Technical Review Group
93173.stp
cc: R. Bruce Rider, US SCS - Carteret County
U.S. Army Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
U.S. Army Corps of Engineers Wilmington District Office
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

MEMORANDUM PRINT NAMES:
Reviewer:-
John Dorney WQ Supv. .: P_Ez_ --
TO:
Planning Branch DATE:- q:::2-1
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***
PERMIT YR: 93 PERMIT NO: 0000173 COUNTY: CARTERET
APPLICANT NAME: JULIAN I WEEKS
PROJECT TYPE: DITCH PERMIT-TYPE: NW26
COE_#: DOT-#:
RCD_FROM_CDA: APP DATE_FRM_CDA: 03/02/93
REG OFFICE: WIRO RIVER-AND-SUB-BASIN-#:
STREAM CLASS:
WL IMPACT?: YIN
WL REQUESTED:
WL SCORE(#):
HYDRA CNECT?: YIN
MITIGATION TYPE:
C
STR INDEX N0:
WL_TYPE:
WL ACR EST?: YIN
WATER IMPACTED BY FILL?: YIN
MITIGATION?: YIN
MITIGATION SIZE:
IS WETLAND RATING SHEET ATTACHED?: YIN
RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY
cc: Regional Office ?---???
Central Files
APR 12 1993

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DEM ID: °/ 31 T3 ACTION ID: _
NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT 1):
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
- WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRO J.r..
AND NATURAL RESOURC
P.O. BOX 29535 U
RALEIGH, NC 27626-0535 M\ -
ATTN: MR. JOHN DORNEY ''1
Telephone [phone]
J"o e
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO ;HE C % I -
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. ,?
1. OWNERS NAME : , / ICI I-) As T. \V V C E Ks
2. OWNERS ADDRESS:
3. OWNERS PHONE NUMBER (HOME) : 101 - i 3 " 3 ?a?f (WORK) : N
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: nl_k
5. LOCATION OF PLANNED WORK (ATTACH MAP.. COUNTY: e-A/ Le E T
NEAREST TOWN OR CITY:
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, DMARKS, ETC.): 1 ?' N
DF N ,+SY VDl\'-riNO C bfi ?? ? E- 6 .9 Pn -E-6 A _ iF

UhC-tEP W/+7-P, KE-6 a& ffi- b' - IV G. omff I i
6. NAME OF CLOSEST STREAM/RIVER: ?yK?S ,` r? I?IVr?

1-`'??'
7. RIVER BASIN:
8. IS THIS PROJECT LOCATED IN A WATERSHE,/D CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ) NO [VJ
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES ( ) NO
IF YES, EXPLAIN.
LTI Of"'
1 i,yF- l
' Yj
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S. INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: C. 6-66' TA A-N Z (' IC U
3/30/92
a 1

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-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
12.
bp
13. PURPOSE OF PROPOSED WORK:
jf?
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS.
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 (Vf NO ( )
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
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 ( J NO (?f
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
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? w po b ?-A-N b
F. IF PPP ICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
OWNER'S SIGNATURE DATE
FILLED:
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED:

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DEM ID: ( 3 /-)/ ACTION ID: _
NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT #):
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVI Ey,r6jHEALTH00
AND NATURAL RESOU ((?;
P.O. BOX 29535
RALEIGH, NC 27626-053
ATTN: MR. JOHN DORNEY
Telephone [phone]B3
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO' THP F
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME : \? / LEI I- / A I? J- • V V G`? E
2. OWNERS ADDRESS:
3. OWNERS PHONE NUMBER (HOME): ?l / ?I -3 ?O }aCf (WORK): N i A
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: _ w i k
5. LOCATION OF PLANNED WORK (ATTACH MAP COUNTY: e-Pe Fee T
NEAREST TOWN OR CITY:
SPECIFIC LOCATION ( CLUDE ROAD NUMBERS, DMARKS, ETC.): A) ? . ? LIN C 7/ N' ?
6. NAME OF CLOSEST STREAM/RIVER: _ ?yI??S 1(J!`l?N? ?!
7. RIVER BASIN: L) (•4-jVJ)
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO [Vf"
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [ J NO [
IF YES, EXPLAIN.
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S.,,(( INCLUDING
WETLANDS, LOCATED ON PROJECT SITE: LL L S? T1? A-Iy ftt'?L
3/30/92
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
12.
bF-
l" A ; PURPOSE OF PROPOSED WORK: --/y D )?'C ).4
? /?J?
14. STATE-REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
TMPACTS_
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 (vf NO ( )
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
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 FORWARDED TO CORPS.
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? W D D,b ?- N b
F. IF l?P ICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
OWNER'S SIGNATURE DATE
FILLED:
DRAINED:
FLOODED:
EXCAVATED: _
TOTAL IMPACTED: TE36 -74 ?(=`
g3r73
United States
Department of
Agriculture
Room 120
Soil Post Office Bldg.
Conservation Front Street
Service Beaufort, NC 28516',
Telephone: [phone]
October 9, 199;.-,'
Mr. Julian 1. Weeks
RR 5 Box 611
Newport, sir' 28570-9727
Dear- Mr. Weeks
L -U
WETLANDS G ?ROUT'
. -re m1d1 ITV SECTl0N

Enclosed i yo'•_.tS' copy of the C;PA-026 Wetland
Determination for tract 115acs,c farm no. 107. The
mentioned tract contains wetlands in accordance with the
1990 farm bi 1 1 ..
Before any land clearing activities or ditch
c nstuct i n begins you w i l l need to contact the US Army
Corps of Engineer" and the Division of Enviormental
Management to see if any permits are r"equir"ed. You ;•di 1 1 also
need to apply for a Non_. Agricultural exemption with the
Sol! Conservation Service.
I you have any questions concerning this determination
or where to go get assistance in obtaining these permits.
please feel free to contact our office.
Every effort was made to make a correct determination
o
on this tract. If you feel this determination was made in
error you may appeal t h i s determination. A ! 1 appeals s ha 1 1
be made in writing and made to this office within 15
calendar days of t!l(•: ma i 1 i ng of this determination.
Sincere I y,
'478"?-
4 k.
R. Bruce Rider
Soil
(June 91)
HIGHLY ERODIBLE LAND AND WETLAND
CONSERVATION DETERMINATION
4. Name of USDA Agency or Person Requesting Determination
Name and Address of Person
JAI t _. • "I gjv ks
79 R t3ox. (./ J
N ev-'? p4 ¢r-1 K) C_ 28570-'T?
5. Farm No. and Tract No.
I0 -I T I
SECTION I - HIGHLY ERODIBLE LAND
FIELD NO.(s) TOTAL ACRES
6. Is soil survey now available for making a highly erodible land determination? Yes . No ?
7. Are there highly erodible soil map units on this farm? Yes t No
8. List highly erodible fields that, according to ASCS records, were: echo produce an agricultural commodity in any
crop year during 1981-1985.
9. List highly erodible fields that have been or will ber 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
e.nrolled:in a USDA set-aside or diversion program. .
10. This Hi hl Erodible Land determination was completed " in the: Office Field ?
SECTION 11 - WETLAND
FIELD NO.(s) TOTAL ACRES
t §
Y :
es No ?
11. Are there hydric soils on this farm? . .
12. Wetlands (W), including abandoned wetlands, or Farmed Wetlands (FW) or Farmed Wetlands re (FWP).
Wetlands may be farmed under natural conditions. Farmed Wetlands and Farmed Wetlands PastuT may be
farmed and maintained in the same manner as they were prior to December 23, 1985, as Ion til
VqT? 'V
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 unless
the area reverts to wetland as a result of abandonment.
14. Artificial Wetlands (AW). Artificial wetlands includes irrigation-induced wetlands. Thes "tAds are not subject
to the wetland conservation provisions.
i
mal Effect Wetlands (MW) These wetlands are to be farmed according to the minimal-effect agreement signed
15. Min
at the time the minimal effect determination was made.
S
16. Mitigation Wetlands (M,IW ). " Wetlands on which a person is actively mitigating a frequently cropped area or a wetland
1 'uN I
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 W LANDS GROUP
November 28, 1990, on which an agricultural commodity, has not been planted. WATE UALITY SECTION
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 28,1:990. ` 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 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). See item 22 for information on CW+year.
27. The wetland determination' was completed in the office ? field ? and was`delivered? mailed(9-161he person on /O - Q - Q
28.'Remarks.
P+C-r-- 1-1 A :z vJ e-r / Pt N c>s R N c? ?V t (I l,.J er- e P
C.QrP5 Hqe{ '1= e m; T . Ada.,t QgF? 44l ?' St-t-l ,COQ-F-i c?PJ ?CFt=oQeE At--)y
R?N1Ac? TAkgs /Ac f 2ior Tc?k-p fP, A.) aNq P' Cc,,) NP. P/No Wt' Pee PVfr'W
29. 1 certify that the above determination is correct and adequate for use in determining 30. I ture of SCS District Colmrvationist 31. Date ?4z>
eligibility for USDA program benefits, and that wetland hydrology, hydric soils, and /
hydrophytic vegetation under normal circumstances exist on all areas outlined as t f . <? . Clj Z
Wetlands. Farmed Wetlands. and Farmed Wetlands Pasture:
Assistance and programs of the?Soil Conservation Service available` without regard to'racp, religion, color, sat MR -oi bmdkgL
Person Copy
Date of Request
County
7 C', A2T?E-Y
Ap?1!S
The conservation provisions pf,the, Food Security Act of 1985 place responsibility-,,, on
U.S. Department of Agriculture,(
x agencies for
making. determinations which may have significant economtd impacf-drrfann 4er'ations. These determinations are-made as accurately. as
possible: --However,-there-will be-sitt?attQgs-,w? n persons; belieue`tK rgleS hake `,not been properly applied in their case resulting in the
denial'©fl--Mb oroUroiib'benefit. - -
Each agency-the Agricultum"tabilization and Conservation Service (ASC§), Farmers Home Administration (FmHA), Federal Crop Insurance
Corporation,jFCIC),: and Soil Conservation Service (SCS)-has- an appaals :prpcedure :for. the purpose of allowing producers to furnish
evidence to support their ,claims .that the rules have not- been properly applied:;
Items ASCS is,res onsible for determinin
p 9'
Appealed • whether a; person is a producer on a field; `-
To ASCS • establishment of field boundaries;
• whether land was planted to an agricultural commodity any of the years 1981 through 1985-
.9 whether land was set aside, diverted; or otherwise not cultivated under a program administered by the Secretary of
Agriculture;
• 'whether the production of an agricultural commodity.onhighly erodible land or converted wetland by a tenant is
required, under terms and conditions of the agreement between the landlord and tenant;''
• -whether the agricultural commodity.--,planted ona field was planted before December 23,1 985, or during any crop
year which"began before December 23, 1985, and;
• whether the conversion of, a particular wetland was commenced before December 23, 19851or converted since
December 23, 1985 by third party.
r
Items Fm HA is responsible for determining whether the proceeds of any loan made, insu.red,,or guaranteed under any
Appealed provision of law administered by FmHA will be used #or a purpose that will contribute to excessive erosion of
To FmHA highly erodible land onto thA 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
Items SCS is responsible for appeals regarding:
Appealed A. Highly erodible land determinations:
To SCS determination of the larjd'capability'classification of a field or a portion of,a field;
determination of a predicted average annual rate of erosion for a field or ,a portion of afield;
W, determination of the potential average annual rate of erosion fora field or a portion of a field.
''determination by a conservation district, or bya designated conservationist in those areas where'no conservation
district exists, that a conservation system or a conservation plan should hot be approved.
B. Netland determinations:. .
- • ` `determination that certain land is a "wetland" as defined by,the act
determination that certain land is a "converted wetland" as defined by the act;
• determination of whether the conversion of wetland for the production of an agricultural commodity on such
converted.wetland_will have minimal-effect on-the hydrological Andbiological aspects -of wetland.,
4 "determination of.whether wetlands are exempted as result of being prior converted, artificial, or irrigation-
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 the agency making the initial determination
Appeal within 15 days (30 clays for Fmll& and 45 days for" SCS) of the mailing of the determination.
Appeals of adverse decisions maybe: made to the next level-of appeal withinl 5 days (30,for-'FmHA, and 45 days for
SCS) of the mailing of the decision. Decisions by the highest listed authority in each agencyare final and there are no
further, administrative,Appeal r ghts The succession of.,levels for appeal following reconsideration by the person or
committee making the initial' determination are. For ASCS For'-FmHA: a,
1 st - County ASC Committee 1 st County Supervisor
2nd - State ASCS Committee 2nd , :Q.istrict-Qirector
3rd - Deputy Administrator for State and County Operations - 3rd - State Director
4th =.Administrator
For-FCIC:*
For SCSs
F- Operations-
• tat District-Conservationist
2nd Kansas City-Appeals 2nd - Area _Consarvationist.. _
` Boar cl 'ClaimsDiwsion 3rd State Conservationist
3rd Assistant Manager',-FCIC Washington, DC 4th -Deputy Chief for-Programs ,
Gompames reinsured' y'F61C will' vlizi theif own appeal process. --` M
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_ .. .. ..: .t - ._ ... ._
This sheet provides Fgeneral information on the,appeals pro64darb of the Food Security Act offi1 85. Published,.rules and regulations
are available at local USDA offices. i
All USDA programs andservices are`available without-regard to race, color, nationel,origm; .religion, sexy age, marital status, or handicap ;;'

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Tract 1156 Owners:
A. M. Weeks Heirs
c/ o Julian I. Weeks
Rt. 5, Box 611
Newport, NC 28570

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® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Dorney
Water Quality Planning
Div. of Environmental Management, DEHNR
FROM : Richard B. Hamilton
Assistant Director
DATE: March 22, 1993
SUBJECT: Division of Environmental Management 401 Water Quality
Certification for Mr. Julian Weeks, Sykes Branch,
Carteret County, North Carolina.
Biologists on our staff have reviewed the subject permit
application and conducted a site visit on March 17, 1993 for the
purpose of assessing project impacts on wildlife and fisheries
resources. This correspondence is provided in accordance with
certain provisions of the Fish and Wildlife Coordination Act (48
Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the North
Carolina General Statutes (G.S. 113-131 et seq.).
The applicant is requesting authorization to maintain 900
feet of existing ditch and excavate an additional 1,500 feet to
facilitate timber management activities. Portions of the
proposed project would transect wetlands predominantly vegetated
with loblolly pine, pond pine, red maple, and red bay.
Productivity as a wetland dictates the site's best use, which
serves as habitat for black bear, white-tailed deer, marsh
rabbit, and numerous pocosin songbirds and reptiles, as well as
other small mammal species.
The intent of the project is vague, since much of the timber
was recently harvested from the area proposed to be ditched for
the purpose of improving harvesting conditions. The Murville
series soil present in the wetland areas offers low silvicultural
productivity and does not respond to drainage with improved
timber growth. In addition, the proposed excavation pattern
would adversely affect more wetland area than indicated in the
application.

Through the site investigation and review of the application
information our evaluation finds the proposed work inconsistent
with our agency guidelines for fisheries and wildlife habitat
conservation. Therefore, we recommend that the water quality
certification not be issued for this project.
Thank you for the opportunity to review and comment on this
project. If you require additional information or need to
discuss these comments, please contact Mr. Brent Wilson, Wildlife
Biologist at [phone].
cc: Honorable Roy Gerodd Sowers, III, District 2 Commissioner
Brent Wilson, Wildlife Biologist
A•
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DEM ID: 131-73 ACTION ID: _
NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT #):
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRO
AND NATURAL RESOURC O
P.O. BOX 29535
RALEIGH, NC 27626-0535 1111 MAR _ 2,
ATTN: MR. JOHN DORNEY u
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THR-eft F
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF aj
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 14?
-- A,
1. OWNERS NAME:
2. OWNERS ADDRESS:
i
GRO"-F
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3. OWNERS PHONE NUMBER (HOME) : l )f 1 ' Z?l •3 -1 LICIQ ( WORK) : IJ 1 A UCC? ?Z SZ
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: 41IA-
n -T
5. LOCATION OF PLANNED WORK (ATTACH MAP COUNTY: ` FTC t?_?}1
NEAREST TOWN OR CITY: _ E4 (-'.17
SPECIFIC LOCATION ( CLUDE ROAD NUMBERS, T-A DMARKS, ETC.): ) 1H r (!V
DF H /?:?I1'T1l UT Rik, R 1~ -6 •E" l-' iA.Eb D F
_
' t- a/? 4 I e V N t AQ. 3- , 1_ /y 1 CZ)
6. NAME OF CLOSEST STREAM/RIVER: oSyK?S>LA/yC`
7. RIVER BASIN: 6c) LIE ?? [•tl??
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO [V?
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES ( ] NO [vf
IF YES, EXPLAIN.
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10. ESTIMATED TOTAL NUMBER OF ACRES OFi WATERS OF THE U.S.IpNCLUDING
WETLANDS, LOCATED ON PROJECT SITE: t E ?I I A N L 3/30/92