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HomeMy WebLinkAbout19931010 Ver 1_COMPLETE FILE_19931201DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO Regulatory Branch November 4, 1993 tNETI ;P, "LATER i& ; Action ID. 199400390 and Nationwide Permit No. 26 (Headwaters and Isolated Waters) Mr. Donald Ward Route 2, Box 221-B Whiteville, North Carolina 28472 Dear Mr. Ward: Thank you for your inquiry of October 14, 1993, regarding your plans to construct a hog waste lagoon in 0.7 acre of wetlands in the upper reaches of Puncheon Branch, a tributary of White Marsh, at the end of SR 1750 between Whiteville and Hallsboro, in Columbus County, North Carolina. Mr. Jeff Richter of my staff has reviewed your plans. He has determined that your work will result in impacts to less than one acre of wetlands which are located in the headwaters of Puncheon Branch. Therefore, your proposed project can be authorized by our Nationwide Permit No. 26. 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. Your work is authorized by this nationwide permit provided it is accomplished in strict accordance with 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 (919) 733-1786, regarding this 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 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 nationwide permit authorization is reissued without modification or the activity complies with any subsequent modification of the nationwide permit authorization. If during the 2 years, the nationwide permit 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 nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit will remain authorized provided the activity is completed within 12 months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend, or revoke the authorization. . - , -2- Questions or comments may be addressed to Mr. Richter, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Copies Furnished (without enclosure): Mr. Steve Benton North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 -'John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 Mr. Brack Williams District Conservationist Columbus County Soil Conservation Service 112 West Smith Street Whiteville, North Carolina 28472 Mr. Jim Gregson North Carolina Department of Environment, Health, and Natural Resources Division of Environmental Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405-3845 State of North Carolina IVA Department of Environment, Health and Natural Resources AT4**), Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary [D E H A. Preston Howard, Jr., P.E., Director December 3, 1993 Donald Ward Route 2, Box 221B Whiteville, N.C. 28472 Dear Mr. Ward: Subject: Proposed fill in Wetlands or Waters Hog lagoon construction Columbus County DEM Project # 931010 Upon review of your request for 401 Water Quality Certification to place fill material in 0.7 acres of wetlands or waters which are tributary to Bogue Swamp for hog lagoon construction located at SR 1750 in Columbus County as described in your submittal dated 1 December 1993, we have determined that the proposed fill can be covered by General Water Quality Certification No. 2671. 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 this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such demands are made, this Certification shall be final and binding. 1786. If you have any questions, please contact John Dorney at 919-733- Sincerely, 4rreston Howar r Jr. P.E. 931010.1tr Attachment cc:, Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Dorney Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper la 6, D[n I ?J JOINT APPLICATION FORM FOR NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER 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 (919) 251-4511 ACTION ID: 401 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVI ,r3EALTH, AND NATURAL RESOUR Z Li P.O. BOX 29535 RALEIGH, NC 27626-05 L ; -? 11993 ATTN: MR. JOHN DORNE Telephone (919) 733-5 3 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TT- 'r-5 ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT. PLEASE PRINT. 1. OWNERS NAME : j?)o N Rd W aJ2/ 2. OWNERS ADDRESS: o? cx* exclUe 3. OWNERS PHONE NUMBER (HOME/): CD 46-- ?l0 70 (WORK) /a d 4. IF APPLICABLE: 8GENT'S NAME OR RESPONSIBLE RPORATE OFFICIAL, ADDRESS, PHONE NUMBER: .?? /7" 5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: co S NEAREST TOWN OR CITY: rx S Ol'? SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): GouNiy Ndf *1 Zw?yy lrl. /?s /V, or lla //j ?n ro 6. NAME OF CLOSEST STREAM/RIVER: 7. RIVER BASIN: 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS 1, OR WS II? YES [ ] NO V] 9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [x? IF YES, EXPLAIN. 10. ESTIMATED TOTAL NUMBER 0?' ACRES OF WETLANDS LOCATED ON PROJECT SITE: ; 2/3/92 A- -2- 11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT: FILLED: ,3 4c- DRAINED: FLOODED: -Apr EXCAVATED: ?-- TOTAL IMPACTED: 12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): rv I-- 13. PURPOSE OF PROPOSED WgRK: 14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OU,T? WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. i/>? fir'' z Limos C/"?i ?-•- 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 [.-}- RESP NSES FROM THE U WS AND/OR NMFS SHOULD ATTACHP. ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER 16. YOU (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 AP SHOWY G ALL WETLANDS, STREAMS, AND LAKES ON THE PROPERTY. B. IF AVAILABLE, REPRESENT FIVE 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 TH DEL NEA 0 LINE D. IF A ST ATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH COPY. Aleo? E. WHAT IS LAND USE OF SURROUNDING PROPERTY? F. JF,APPLICABLE, WHAT IS PROPOSED METHOD qf SEPGE DISPOSAL? r 6-111- S SIGNATURE DBE V? U?r V? Cc-z- ,e (3? ?? Ta4??? 9 LAJ ? a A 1 Al tAJ T?98? i %Vial+ti I,0 y t f gwaw ? 1 t 7998,E li T. 01.1 r j F ? M t h T7.947 N t+, ?? _ PC, f f ? a TA999 40 A T3aoa\ rt??? ,?' ? s h •! t 7{•x r3o 1~'? 1 r Tag4p 5 la o 3 k 3.10:.. 1,?'Se}St I^ i•? $'(??t Fr .?li+?t .? sxf < ; ? ? x t ? • ?y? 1 ? r ? ? try( ,i ? = i.. t } .:S ?, y + y 73?r3'",; +` `> li 5''1•:"- ????CCC a`+R tF ??'. V??'1.,3a Yra ?` t+)rx •;.`; i_. yi. ?ii ?? ir. ,•?tt. t ? t G?`! tx ,b?4 ,,?. ?'??rt ?'r Yf ?F+ t 't rtsr >> 5 ?x ? • ?? till. ? u ? i l C? %13 3 .,? ??Y?7!? ` .'S'.. { { 4 'rIt$ ?? ?' .u v ti S, 13?. a Pr 3 1 a.3 it 1 1. 1E sFs ), •? i U. S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE Aul 136 ? J 1.1 \ v 3" Bug HAI