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.
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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
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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-
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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
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