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Home My WebLink About19930269 Ver 1_COMPLETE FILE_19930405U I!, DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS IYNY! - 8 P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 October 29, 1993 1tDS VPTinm IN REPLY REFER TO Regulatory Branch Action ID No. 199400264 and Nationwide Permit No. 26 (Headwaters and Isolated Waters) Mr. Stan Draughon Farrow-Wood Farms Post Office Box 645 Warsaw, North Carolina 28398 Dear Mr. Draughon: Thank you for your inquiry of April 31, 1993, regarding your plans to construct a pond and clear land adjacent to a tributary of Nahunga Creek, on your farm off of SR 1300 and SR 1350, east of Warsaw, in Duplin County, North Carolina. - Mr. Jeff Richter of my staff has reviewed your plans and determined that your work will impact approximately one quarter of an acre of wetlands which are located in the headwaters of the tributary. Therefore, your work 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 (CPR), 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). Because your work will result in impacts to less than one third of an acre of wetlands, you may be authorized by NCDEM's general certification. By copy of this letter, we are notifying NCDEM of your proposal. You may wish to contact Mr. John Dorney, telephone (919) 733-1786, regarding this general 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 K sion of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535 Mr. Michael Sugg District Conservationist Duplin County Soil Conservation Service Post Office Box 277 Kenansvills, North Carolina 28349 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 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 5, 1993 A. Preston Howard, Jr. P.E. Jonathan B. Howes, Secretary Director Stan Draughon Farrow-Wood Farms P.O. Box 645 Warsaw, N.C. 28398 Dear Draughon; Subject: Proposed fill in Wetlands or Waters Pond creation Duplin County Project # 93269 Upon review of your request for 401 Water Quality Certification to place fill material in 0.25 acres of wetlands waters which are tributary to Natunga Swamp for pond creation located at SR 1300, in Duplin County, we have determined that 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 Sincerely, P eston oward, P . E . 93269.1tr P Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Wilmington DEM Regional Office Mr. John Dorney Central Files REGIONAL 01'1ICF5 Aeh-illc Payutl-illc Nlo,,-,ilk R kigh %Vx,hingmn 761/251 6208 919/4561541 70-1/663.1699 919/571.4700 919r,46 W81 or the Wilminglmr Winston-Szlcm 919/395.3900 919/5967007 Pnllulion I rc,rnll- 1'ay5 P.O. liov 29535, Ralcigh N I, Cy r olim 276260535 Tclc phm?c 919 733 7015 An P.ou al 01,1 u i-o Alhmwirc Action linndovo A. FARROW-WOOD FARMS PO BOX 645 WARSAW, N.C. 28398 919-293-4673 April 31, 1993 FR WATER GROUP ER QUALITY SECTION -..___"__'_j Mr. John Dorney Water Quality Section Division of Environmental Management NC Dept. of Health, Environment, and Natural Reasources PO Box 27687 Raleigh, NC 27611 RE: Wetlands Permit Dear John: As per my conversation with Eric in your office a few days ago, I am enclosing a map of my farm property as well as other documentation of what I am proposing to clear or convert to fresh water pond along with this letter requesting a permit to clear or flood the areas shown on the map. Mr. Mike Suggs at Duplin County Soil and Water Conservation Service has been to the farm and done a determination which indicated less than .25 acres of wetland would be affected in all three areas. I have written explanations of what I am asking permission to do on the attached ASCS map. If you have any questions, please feel free to call me at the above phone # or Mr. Suggs at Duplin SCS (919) -293- 2120. Thank You. Stan Draughon, Owner _ _ / IAP to CIMaV ,OJ J noo ius t I I ` f7T ? I JSb fib? ,, ifl 0 llt4 33"00' To "kfr ],-' d tv- J U Js,s fJ iun 134 J)Oi r ?• J RWlad AMpaf j P1 r 1 c P� } • r h+ A p t � t �r.: x t I r i •, f tr c r •� `Iyt, rft♦,< t All7 ' �'�'�+�` I� r, r ay�A• 1 :P k}�'�t��lh�a��wr� '��,.* ��. �' �" .,' + �r ",. �✓ � �il1� � f �, A �t }: yr��9 *�• t� + �.�li9y� 'ty d' nY r, .+,,,� �. .Y 5 5 { 0. � �'r � {� * ^k��-� 1�� ' �a � 'N�i• (/ . '� J raj � „i to n �•`1 J I �l- � �r �v 'i�f 1�'T4 �aI MI,* � A r �� ` ,�ri,;i A�A� �i ,T 1 J �1-. r •SM��'� ,illr ' ��a� ' � _ �: h •� � �5� '�'" 1� n, l; ,� �+" �f 97i ?a, Y dA t•' t' � . ,1, h,, r1 br d:-I� ''M p• �; 'el >I' 4. '+'!�'ry '�..iw �€ , :,� 7 r 'J �M�" �' `. ��y hi �j,¢.M �l 1•"+r�i .[R�9F �''��I lr?. A' �', -MwA • .4 raft' a •r { �� yl `' %i A' n $`,", rta• ' •• �,,,, A Wl a � 'll�.Y y A �, f; � ' K '9' . j,•. rJ : 411 ..nw.�r.. �."9' ii • a � l: Aitrr tY N1 ,,``ryw L 1 k1 iTIO M 'A41 r„�� r d \ NI �',5 7 n ? r AIM %(S my peo reA iR ''x I:?• United statos soil ` Department of Conservation ?? Agriculture Service P. U. Box 277 1<c11ansville, NC: 28349 Telephone 919-296-2121 r?s VIAA c -- - -= `-=? J can-, '?a D ?•?? Cell s' Dear S`( CX41- 1.'snclose I is yolu. copy of a wetland de(einrination fur tract ;?/ Sc?i? which you indicated your intent to clear some land. The attached snap has been delineated to show the area(s) in question. Fzch area to be cleared has been identified with a symbol to denote its classification. Below is all explanation of the various symbols that may pertain to your map. .i x NV - I'Vetland - Area is a we(land and should not be cleared for any reason if yott wish to remaiii eligible for USDA programs, receive SCS technical assistance, or avoid violating US Army Corp of Filgiueersr and Division of E'livirounreirlal Niallageiuent (DE,M) regulations. Any exceptions to this s(alen?e11l should he ill Ivriting from the Soil Conservation Service prior to clearing laud. V---_ NW- Nou wetland - Area is non `vetland and can be cleared and utilized without violating Farrar Bill. _ N\V- Non Nvetland - Area has hydric soils bbl for Farui hill purposes only, area is noii wetl:urd due to hydrology iuodificaliori prior to 12/23/85. You still need to check with the US Army Corp of Engineers or the NC DEM to determine if additional permits are necessary prior to clearing. C1V - Converted Wetland after 11/28/90 - Area was cleared after 11/28/90 and is a Convertedwellaud. Clearing conslitules a violation of (lie 1990 Farm (sill. Iu,order to regain eligibility for USDA prograins, area roust he restored. Consult Nvith the SCS about air approved restoration plan before beginning any restoration. If you need to clear (lie delineated wetlands for roads, buildings, hog lagoons of similar activities, you call request a converted wetland for 11011 al;ricultural use (CWNA exemption. If glantcd, this cxcinl,tion would he fcir F min Bill pm-poscs only; therefore, you would still need to contact the Army Corp of Engineers and tile. Division of E-nvlronmeiltal Management. To request a CWNA exemption, you should cOmplele a request form at the SCS office. It will lake approximately 40 days t0 get this exemption approved Once you give this office the request. Do not start any clearing of Nvetlaud prior to receiving written notification 171.0111 this office that. your CWNA request has been approved. Also you should not start clearing until you have received approval front the Army Corp and DEM. All three perpits roust be received and approved prior to clearing any wetlands. I have tried to nlslke this determination as fairly as possible. However if you believe this determination is incoi reel, you have (lie right to appeal. To appeal send file a brief letter explaining why you believe this determination is mcoi rect. Send the letter to (headdress On the lellerhcad. This letter should be received within 15 days Of your receipt of this letter. Sinccr •ly, AlliLU? Michael L. St f,g District Conservationist O the Sol conservation Service is an agency of the OeDartmenl of Agriculture ..% AW CONVERT WLTI ANUS FOR NON-AGRICUTATMAI, USES NAh11 ?-i AUDRI-SS f 1. l -+) ?i ?v. FARM NUMIIIat___ __ ___ __-- IItACI' NUM11[:IL ?? ?S/ PRESENT LAND USE, t,)D 3"QJ PL.ANNE) LAND USE. 012 V L/9 6,i jrJ UESCIUBE'T'l1E CONDITION OF TIIE Alt I A THAT YOU PLAN TO CONVERT W d d Jf ACREAGE/DIMENSION IN VOLVED -Z- S fi C' NON-AGRICULTURAL PURPOSE. (for example: ayuaculturc, houses, road, etc.) A", ANTICIPATEID DATE AUI'E RAT 10 NS WILL B CUMITE-TI? etc PLAN IMI'LENIEN'1'EU PLANNED COVER FORTHE AREA OTI IER COMMENTS (add anything you feel will he important to the approval of this plan) PRODUCER'S SIGNA'I'URLI)A'I'L? 44##4#kR#44kkt4#R#t1!#tt##t4R4444#4#4#4#4tt4kt##Rt#?#t##t44ttt4t4lRtttt4tkttt4 FOR AGENCY, USE ONLY I'I PLAN APPROVED: AS SUBMITTED ----WITI I CONDII'}ONS PLAN NOT APPROVED CONDITIONS FOR AII'ROVAI SIGNATURE DAT 'T'ERMS OF APPROVAL 1. I'1I1S I;XEMI'I'ION IS VALID FOR A FE'RIOD OF TIMEL (3) YEARS FOLLOWING DA'Z'E OF APPROVAL BY UIS'I'ItlCI' CONSEItVA'I'IONIS'I'. IF 111 ANNED AC7IVI'T'1' IS NO'T' CONIPLEI'ED BY THIS DATI?, TIIIS EXEMPTION IS VOID. PRODUCER MAY HE-APTLY FOR A NEW CNN'NA. 2. FAILUItE TO 1-'UI,I,OW 'Illl? Al'I'ItOVI?I) PLAN WILL CAUSE T111", AREA TO 1111"COME CONVER'I'LD WKYLAND AND A VIOLA'T'ION OF THE, WETLAND PROVISIONS OF THE 1990 FARM HILL. 3. THIS EXU,NII'1'ION IS FOR FOOD SECURI'T'Y API' PURPOSES ONLY. OTHER STATE AND/OIL FEDERAL PERMITS MAY BE REQUIRED. THE CORPS OF ENGINEERS SHOULD BE CONTACFED PRIOR TO BEGINNING PLANNED ACT'IVI'TIES. w