19930585 Ver 1_COMPLETE FILE_19930714

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS rj 1993
P.O. BOX 1890
.??. WILMINGTON, NORTH CAROLINA 28402-1890
July 27, 1993 LWATWERTLU NDSGRO UNIN REPLY REFER TO AUTY SECTION
Regulatory Branch
Action ID. 199303439 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. George Garner
Post Office Box 1307
Kenansville, North Carolina 28349
Dear Mr. Garner:
Reference your application of June 30, 1993, for Department of the Army
(DA) authorization to fill 0.5 acre of wetlands adjacent to a tributary of
Goshen Swamp, off of SR 1307, north of Kenansville in.Duplin County, North
Carolina, for the purpose of creating a waste lagoon for a proposed hog
operation.
Mr. Jeff Richter of my staff has determined that, based on the
information you supplied, your project is located in the headwaters of the
tributary. Because your work will impact less than one acre of wetlands, it
is 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 [phone], 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 two years from the date of this
letter unless the nationwide authorization is modified, reissued or revoked.
Also, this verification will remain valid for the two 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 two 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 twelve 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 [phone].
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
biv r ohn Dorney
ision of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Michael Sugg
District Conservationist
Duplin County Soil
Conservation Service
Post Office Box 277
Kenansville, 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
James B. Hunt, Jr., Governor
Jonathan ?. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
July 22, 1993
George Garner
551 Gurman Powell Road
Kenansville, N.C. 28349
Dear Mr. Garner:
Subject: Proposed fill
Swine lagoon
Duplin County
DEM Project #
AT."? IF
DEHNR
in Wetlands or Waters
construction
93585
Upon review of your request for 401 Water Quality
Certification to place fill material in 0.5 acres of wetlands or
waters which are tributary to Goshen Swamp for swine lagoon
located at SR 1307 in Duplin County as described in your
submittal dated 7 July 1993, 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 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.
If you have any questions, please contact John Dorney at
919-733-1786.
Sincerely,
resto owar , Jr. P.E.
93585.1tr
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 [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
DEM ID: 9,?J ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 401 ISSUED
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for 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 ENVIRONME T&.
AND NATURAL RESOURCES
P.O. Boy 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIR
PLEASE PRINT.
1. Owners Name:
2. Owners Address

-7)993
3. Owners Phone Number (Home): g/y - Zyj? -40 {,S- (Work): yLg - Z Y? " 2/S d
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ` ATTACH MAP). County:
Nearest Town or City: (/i" 5.9,,,1
Specific Location (Include road numbers, landmarks, etc.):, . S? l307 &Vc 41, 1 m,Y S
EA51 0 f VFAcA S A 11
6. Name of Closest Stream/River:
7. River Basin:
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [) NO
9. Have any Section 404 permits been previously requested for use on this property? YES (] NO [--k
If yes, explain.
10. Estimated total number of acres of waters of the U.S.,
wetlands, located on project site: . O !?- ,
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained:
Flooded:
Excavated: S
Total Impacted: a
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Y4GuJC k4e-M- 0-3 -X PI
cr w ler<a 5 % N w; N 4w'oz). ,
13. Purpose of proposed work:
14. State reasons why the applicant bee 1' ves tha this activity must be carried out in we ands. Also, note measur
taken to minimize wetland impacts. i%o e -rAxiw v i 5 -44-nt r7a 4,:-. w AEaut 6S' e .
1ltit??v y'hZ7 5/IlA/? Qra* ;-A) A Z-A-Jez V , Nb D 40- (2= l? tJti!1/ -.4 V"-// 1'e. 4 1T'Ltlzd'
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 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 projects attach copy.
E. What is land use of surrounding property? Thad `; I CCO f2 tAry--l5
F. If applicable, what is proposed method of sewage disposal? „JDER=?.n -4„n.
zzi
Owner' ignature Date
b
United States Soil
Department of Conservation
Agriculture Service
P. 0. Box 277
Kenansville, N
Telephone 919.
WASTE MANAGEMENT FACILITY SITE EVALUATION
GENERAL INFORMATION
r., r
NAME ???.
12 >ar ee
J&: ( box 35
?KeNCLfx%1;jIG N ?,P 3tJ9
LOCATION Qn SP, / 2SL! Ve-rk's Mill
TELEPHONE SIZE OF OPERATION
LOCATION DATA
DISTANCE FROM NEAREST RESIDENCE NOT OWNED BY PRODUCER 0
NUMBER OF HOUSES WITHIN 2000 FEET OF SITE 17
IS SITE WITHIN 100 YEAR FLOOD PLAIN? YES NO ?
IS SITE AT LEAST 100 FEET FROM A "BLUE LINE" PERENNIAL STREAM? YES ? NO
IS SITE WITHIN I MILE ZONING JURISDICTION OF A MUNICIPALITY? YES NO if yes, landowner should consult with local zoning board about required permits
WETLANDS
WILL SITE INVOLVE CLEARING WOODLAND OR ANY NON CROPLAND ? YES .? NO
IF YES, HAS PRODUCER COMPLETED AN AD-1026 FORM? YES- NO
DOES NON WETLAND NEED TO BE MEASURED BY REGISTERED SURVEYOR PRIOR TO
APPROVING WASTE MANAGEMENT PLAN YES NO
IF WETLANDS ARE INVOLVED, IT IS TIIE RESPONSIBILITY OF THE PRODUCER TO CONTACT THE US
ARMY CORP OF ENGINEERS AND THE NC DIVISION OF ENVIRONMENTAL MANAGEMENT TO
DETERMINE IF ADDITIONAL PERMITS ARE REQUIRED. NO WETLANDS SIIOULD BE ALTERED UNTIL
PRODUCER RECEIVES WRITTEN APPROVAL FROM SCS, US ARMY CORP OF ENGINEERS AND NC
DIVISION OF ENVIRONMENTAL MANAGEMENT.
WASTE MANAGEMENT -- VALID ONLY IF WASTE MANAGEMENT PLAN ATTACHED
DOES PRODUCER OWN ENOUGH LAND TO PROPERLY LAND APPLY WASTE? YES ? NO
IF NO, DOES PRODUCER HAVE ACCESS TO MORE LAND? YES NO
SEE ATTACHED PLAN FOR SPECIFIC RECOMMENDATIONS
SOIL INVESTIGATION -- VALID ONLY IF SOIL INVESTIGATION SHEET ATTACHED
IS SOIL SUITABLE FOR LAGOON?
IS A CLAY LINER REQUIRED?
IF YES, IS CLAY AVAILABLE ONSITE?
IS A CORE TRENCH REQUIRED?
YES ? NO
YES t/ NO
YES NO QUESTIONABLE
YES NO
SITE APPROVED YES ? NO CONDITIONAL
COMMENT- Al I
APPROVAL BASED ON SCS STANDARDS VALID FOR 60 DAYS FROM DATE SIGNED. THIS APPROVAL
SUBJECT TO CIIANGE BASED ON CHANGES IN NATIONAL, STATE, OR LOCAL LEGISLATION.
k?G ON M(?S'I'SJiEic
?? O FEET FROM RESIDENCE AT TIME OF DESIGN.
T s o na e
rva ion erv
Is an agency of the
O
Department of Agriculture SIGNATURE - DATE-L.:jL . _
?.,? - l 1993 ?
N
r
US Department of Agriculture NC-CPA 16
Soil Conservation Service 4-92
ENVIRONMENTAL EVALUATION
Land User/Owner Mr. Georg P Gar„cr County 0'?01 14
Location/Tract & Field Number T/_-1( t Acreage %F-
Prepared by
to V.
Brief Description of Planned Practice/RMS/Project Measure:
?-aooy%_ ?.v i "41 A-da ±- Pat Jiyrt N1a 4-j- -b
Environmental Factors and Resources to Identify and Evaluate J
1. Is wetland included in the planning area: (References: NCPM;
190-GM 410.26; Hydric soils list; Classification of Wetlands and
Deepwater Habitats of the U.S.; National Wetlands Inventory Maps;
NFSAM.
No I I
kl?
Yes - If yes,
-- Identify types present
-- Attach environmental evaluation showing what effect
planned assistance will have on wetland and how this
assistance is within policy
-- Have needed permits (LAMA, DEM, Corps, etc.) been
obtained by the landuser?
-- Make sure no planned practices will put the landowner in
violation of Swampbuster
2. Endangered and/or threatened species: (References: 190-GM
410.22; Technical Guide Section I-i(13) and Section I-vii
No
Yes
-- Identify species whose range and habitat needs indicate
they might occur in planning area
-- Identify on map any designated critical habitat
A.
3. Is a designated-natural or scenic area included in. the planning
area or will planned actions impact on an adjacent natural or
scenic area? (References: 190-GM 410.23 and .24)
? No
Yes - If yes, encourage landuser to consult with concerned
agencies:, societies, and individuals, to arrive at
mutually, satisfactory land use, and'. treatment.,
4., Does; the- planning; area : nclude, the. 10,0.-year- f1:o.os3:-pla-in?
(References:: N1C.PM,,- 19,.0.E-GM 410.254; HUD Flood: Plain, maps):
NA
Yes. If. yes,.,
Is•. the. assisted action, likely to have: significant
adverse effects on: existing:natural and. beneficial
valuesi in the flood plain?:-
-- Is there a practical alternative. outside. the flood,.
plain?,
Has. the f1q,od pi.ain. been, used for agri cultural
production. for at least. 3. of: the last 5• years?
5.. Is an, archaeological or historical site located' in, the: planning..
area? (References NCPM.; 420-GM 40.1 National Register of
Historic Places).
-- / No
Yes - If yes, have steps been! taken. to ensure the
protection of this area?.
6. Are there any prime, unique, or locally important farmlands- in
the operating unit?, (:References: 310-GM).
No.
Yes
- If yes, identify on a soils map or legend.&Y , A?Q
7-• Will.. the. action result in sodbusting?
No' Yes
8-- Will the: action. result in swampbusting?
No
Yes
9'.. hs there:. a potential foz• controversy.?;' From. whom?.
401;O ;A iAy
No. ? Yes- I-a^dowheu
10. Are permits required?/Should the person contact permit agencies?
No ? Yes
When an environmental factor or resource is identified on the
site, the user will refer to the appropriate reference for policy
and document the appropriate action in the notes portion of this
form.
NOTES, DOCUMENTATION, FOLLOW-UP
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WASTE UTILIZATION PLAN
FOR
George Garner
Rte. 1 Box 39
Kenansville NC 28349
June 15, 1993
Your animal waste utilization plan has been specifically
developed for your 5280 FEEDER TO FINISH SWINE operation.
The plan is based on the soil types, crops to be grown, and
method of application for your particular operation. The waste
must be land applied at a specified rate to prevent pollution
of surface and/or groundwater. The plant nutrients in the
animal waste should be used to reduce the amount of commercial
fertilizer required for the crops in the fields where the waste
is to be applied. This waste utilization plan uses nitrogen as
the limiting nutrient. Waste should be analyzed before each
application and annual soil tests are encouraged so that all
plant nutrients and lime can be balanced for realistic yield
of the crops to be grown.
Several factors are important in implementing your waste
utilization plan in order to maximize the fertilizer value
of the waste and to ensure that it is applied in an environ-
mentally safe manner. Always apply waste based on the needs
of the drop to be grown and the nutrient content of the waste.
The amount of available nitrogen for plant use is.dependant on
the method of application. Soil type is important due to
different leaching potential and yield potential. Waste shall
not be applied to land eroding at greater than 5 tons per acre
per year. Do not apply waste on saturated soils or on land
when the surface is frozen. Either of these conditions may
result in runoff to surface waters. Wind conditions should
also be considered to avoid drift and downwind odor problems.
To maximize the value of the nutrients for crop production and
reduce the potential for pollution, waste should be applied to
a growing crop or not more than 30 days prior to planting.
Soil incorporation of the waste will conserve nutrients and
reduce odor problems.
The acres needed to apply the animal waste are based on
typical nutrient content for this type of facility. Annual
acreage requirements may be more or less depending on the
specific waste analysis report for your facility at the time
of irrigation.

Your waste utilization plan is based on the following:
TABLE A. AMOUNT OF WASTE PRODUCED PER YEAR
-------------------------------------------------------------------------
NUMBER OF TONS WASTE PER TONS WASTE
ANIMALS TYPE OF ANIMALS 1000 ANIMALS PER YEAR
----------- ------------------------------ --------------- ------------
5280 FEEDER TO FINISH 3700 19536
-------------------------------------------------------------------------
TABLE B. SUMMARY OF CROPS BY FIELD
----------------------------------------------------------------------------
I TRACT I FIELD I SOIL I ACRES I CROP ICROPCODEI
--------- ------- ------- ------- ............................... ----
112
112
112
112
112
112
112
112
3109
3109
1
2
2
3
4
5
6
7
1
2
NoA
AuB
NoA
NoB
NoB
NoB
NoB
NoB
NoB
NoB
13.79
3.0
2.0
2.49
4.55
9.2
6.33
2.34
2.29
8.91
BERMUDAGRASS RANGE GRAZED
BERMUDAGRASS RANGE GRAZED
BERMUDAGRASS RANGE GRAZED
HYBRID BERMUDAGRASS HAY
HYBRID BERMUDAGRASS HAY
HYBRID BERMUDAGRASS HAY
HYBRID BERMUDAGRASS HAY
HYBRID BERMUDAGRASS HAY
HYBRID BERMUDAGRASS HAY
HYBRID BERMUDAGRASS HAY
---------------------------------
BR
BR
BR
BH
BH
BH
BH
BH
BH
BH
TABLE C. SUMMARY OF CROPS, YIELD, AND NUTRIENT REQUIREMENTS BY SOIL TYPE
CROP
---------------------------
- SOIL
---- YIELD
----- UNITS
----- TOTAL N *TOTAL P *TOTAL K

BERMUDAGRASS RANGE GRAZED
AuB
5.5
TONS -------
192.5. ----------
0 ----------
140 - 160
BERMUDAGRASS RANGE GRAZED NoA 6.0 TONS 210 0 140 - 160
HYBRID BERMUDAGRASS HAY NoB 6.0 TONS 300 0 140 - 160
* Total phosphate and potash amounts should be confirmed with a soil test.

TABLE D. WASTE MANAGEMENT BY FIELD
I-TRACT_
112
112
112
112
112
112
112
112
3109
3109
FIELD
1
2
2
3
4
5
6
7
1
2
CROP
_CODE
BR
BR
BR
BH
BH
BH
BH
BH
BH
BH
WASTE APPL
METHOD
IRRIGATE
IRRIGATE
IRRIGATE
IRRIGATE
IRRIGATE
IRRIGATE
IRRIGATE
IRRIGATE
IRRIGATE
IRRIGATE
------------
TYPE
WASTE
SWINE
SWINE
SWINE
SWINE
SWINE
SWINE
SWINE
SWINE
SWINE
SWINE
WASTE N
_LB/AC_
210
192.5
210
300
300
300
300
300
300
300
COMM N
LB/AC
0
0
0
0
0
0
0
0
0
0
---------------------
__
MONTHS TO APPLY
ANIMAL WASTE
-----------------
APRIL TO OCT
APRIL TO OCT
APRIL TO OCT
APRIL TO OCT
APRIL TO OCT
APRIL TO OCT
APRIL TO OCT
APRIL TO OCT
APRIL TO OCT
APRIL
------- TO
--- OCT
-----------
The acres, crops, and application method shown in the preceding tables will
accommodate approximately 6402.7 animals of the type shown in Table A.
If more commercial fertilizer is used than is shown in Table D, then
additional acres of land will be needed. A 3 - 15 feet wide permanent
grass filter strip should be seeded along all ditches in fields that
receive animal waste.
ADDITIONAL COMMENTS
Prepared by: Title OfGT
Concurred in by: Date
Pro cer
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