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HomeMy WebLinkAbout19930590 Ver 1_COMPLETE FILE_19930714IMPORTANT To \ L Date. W/6- Time _X'?`y ?WHIIf Y%U WERE OUT of Phone_ CJY? J3 -q?p AREA CODE NUMBER EXTENSION TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL r Message i 1 l -- Signed N.C. Dept. of Environment, Health, and Natural Resources IMPORTANT To- Date -R I / Z_--:z,._ Time d WHILE YOU WERE OUT M Ra Al e S of Phone AREA CODE NUMBER EXTENSION Mess Message ) Gk"j i S Ga V1 ?? rJ ?Y J I r' A j _n i Signed --r TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL N.C. Dept. of Environment, Health, and Natural Resources State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B, Hovjas, Secretary A. Preston Howard, Jr„ P.E„ Director September 2, 1993 Clara Highsmith P.O. Box 153 Highsmith Road Willard N.C. 28478 Dear Ms. Highsmith: wow 1:3 FE [****J F1 Subject: Proposed fill in Wetlands or Waters Pond constuction Duplin County DEM Project # 93590 Upon review of your request for 401 Water Quality Certification to place fill material in 1.5 acres of wetlands or waters which are tributary to Doctors Creek for pond construction located at SR 1158 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 the project will produce over 100,000 pounds of fish per year or discharge more than 30 days per year, DEM must be contacted for an NPDES permit. This letter replaces a concurrence letter issued 19 August 1993. 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, ??reston Howard, J P. E. 93590.1tr Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Dorney Central Files Michael Sugg; Duplin Conservationist 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/ 1096 post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr„ Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E„ Director August 19, 1993 Clara Highsmith P.O. Box 153 Highsmith Road Willard N.C. 28478 lqf? I F AA4 " ?EHNR Dear Ms. Highsmith: Subject: Proposed fill in Wetlands or Waters Pond constuction Duplin County DEM Project # 93590 Upon review of your request for 401 Water Quality Certification to place fill material in 1.5 acres of wetlands or waters which are tributary to Doctors Creek for pond construction located at SR 1158 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 the project will produce over 10,000 pounds fo fish per year or discharge more than '40 An%rc me +-n_+--A for and NPDES permit. cation is unaccep- Baring upon writtE pt of this Certifj Qr ?/?!n petition conforn (Y" Mutes and filed w9 ?y>? '.7447, Raleigh, N.C \ its Certification \ l y questions, please 1786. `ool? ? the right ty (30) must be in f the North nistrative such ding. contact John Dorney at 919-733- Sincerely, Preston Howar. Jr. P.E. 93590.1tr Attachment cc: Wilmington District C rps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Dorney Central Files Michael Sugg; Duplin Conservationist I 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 vl??lvl? ?•ttAl;r???}(v, ,?_? ??.?"..Jl?wr D P. IT, "FA td A' JUL 1.91993 I'PI:M lw!?l I' -' /1I'•', ,irr,: ,,,..., 1. ?`.! 11 } IJ? 1' ,. (`!`,r+1--t--rt-t-r .............. T?JI r'i . MP1T T,t I I,)(, 1 Y;11 i ,', A, ?•??w W!, T1"!1,1t;,,? CTill'i IT ! 7 A"Al'c)3 .????? ''Y I IF -30 .?Yljllek-l -66 77wEfu6-,i.' j., : • • • • • ? Hydrologically Isolated Wetland type (select one) ? Other ? Swamp forest ? Shoreline • ? Bottomland hardwood forest ? Brackish marsh ? Carolina bay ? Freshwater marsh ? Pocosin s ? Bog/Fen • ?/f ine savannah ? Ephemeral wetland [[ Wet flat • The rating system cannot be applied to salt marshes . ? • • • • .. • • • • • • • • • • • • • • • • • • • • . • • • • • • • • • • • • • • • • •• • • • • • • • • • • • w Water storage sum • Bank/Shoreline stabilization x 4.00 - Pollutant removal F'S ............ Sensitive watershed x 1.50 - Travel corridor Special ecological attributes Wildlife habitat x 1.50 = Aquatic Irfe value Recreation/Education ;;„>:<:; Economic value x 0.25 = . ..... 49 Project name . 1 t L,"tl-_ Nearest road County 1 A ^? Wetland area I.5 acres Wetland width feet Name of evaluator Date_ V'1-222 DEM ID: ? 3 5q 0 ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit #): [? 11) # Z 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 (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTA NC DEPARTMENT OF ENVI AND NATURAL RESOURCE O P.O. Box 29535 Raleigh, NC 27626-0535 AM: MR. JOHN DORNEY Telephone (919) 733-5083 ,, - 71993 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT f 'MENT SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF EN PLEASE PRINT. 1. Owners Name: 2. Owners Address: We IlQrd) "T ??53a-L 199, -If 3. Owners Phone Number (Home). rs (Wor con+g4 Half''1 ff N1?9hdcn4 Tojes<WorV *2.51-Sold 4. If Applicable: Agent's name or response a corpor too icia , a ress, p on number: 90ma =i 253 - 7295 5. Location of work (MUST ATTACH MAP). County: Qi l ji n Nearest Town or City: Harce l?S Specific Location (Include road numbers, landmarks, etc.): SE, 11 SR RcopffI skr-ls appro)i 40-2t Vro "wu 41 on SR 1158 and ?5 (Appen)L 139D -4 oA toiLCronlnu , 6. Name of Closest Stream/River: Doc orS C(rf!P-t 12- T4 -- o? 9 - 3 7. River Basin: - CL W. FQn r 8. Is this project located in a. watershed classified as Tiout, 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 V] If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: QMcoy. 1 5 nccecdma in ?cm SC5-UP-bat. 11S0,] Snll. SonliCe 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: Drained: Flooded: Excavated: TotalImpacted: 1-5ctcr?,-5 12. Description of proposed work (Attach PLANS-8 1/2" X 11 "((drawings only): PLO +- U C + I O r) D r orris Sul i Ue r' Cl Qs h 4:d1rm 2i)rr) tjc4 D n 13. Purpose of proposed work: ('n -At'uVAio(1 al le.yPe nnnds -bw;-rt61e- _4r cn+Tiink -tQvm p1rbAUCAi6n 14. State reasons why the applicant believes that this activity must be carpied out in wetlands. Also, note measures taken to minimize wetland impacts. 1A Un S Ioc,aAM In or)lq pro oPr`[u will acre-ayc 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 speciss or critical habitat in the permit area that may be affected by the proposed project. Have you done so? YES [1/1 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 maybe affected by the proposed project? Have you done so? YES [ v]' 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 pr oject. 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? Qorn 4S ou bean Carmi nq F. If applicable, what is proposed method of sewage disposal? tIJA - ala ??, N,All f , 7 a- ?I Owner's Signatu Date 0 33°4S' Q U.S.D.A: SCS-CPA-026 Soil Conservation Service (June 91) 1, ame and Address of Person ) JJ L p 1 ` 2. Date of Request HIGHLY ERODIBLE LAND AND WETLAND CONSERVATION DETERMINATION „Z D'9 r1 1 t. 4. Name of USDA Agency or Person Requesting Determination S. Fans No. and Tract No. _ ? 7 - f- I - HICINLY ERODIBLE LAND FIELD NO.(s) TOTAL ACRES 6. Is soil survey now available for making a highly erodible land dete mination? Yes 14 No ? 7. Are there highly erodible soil ma units on this farm? Yes 1154 - No ? 6. List highly erodible fields that, according to ASCS records, were used to produce an agricultural commodity In any crop year during 1981-1985. 9. List highly erodible fields that have been or will be 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 enrolled in a USDA set-aside or diversion program. 10. This Highly Erodible Land determination was completed in the: Field ? SEL`TRW ¦ - WETLAND 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 Wed (CW). See item 22 for information on CW+year. 27. The wetland determination was completed In the office ? fieldend was delivered[] maiWM4o the person on } 26. Remarks. 41 if _._ AyV_ n r( ^Qo, d 1rp,._.R c.r CM I) 1 r. C <1?' 29. 1 certify that the above determination is correct and adequate jar we in ddenrri t X Sympm , of SCS District Consenvatiornist 31. Date ellgiblNry for USDA program benefits, and that wetland hydrology, hydrie soils, and h ro h tic vegetation under normal circumstances exist on all areas outlined as W lande. Farnrrd Wellande_ amt Fanned Wadande Pact- 4/1" L. ? 1 ..1 /' /f As&%&mw and propnnma o10w 8oN C*nwrwfbe 9rrvfw aribb sr W ou l t•pW b iar+t? nlfbbrn; onion, wuti apq, or FIELD NO.(s) TOTAL ACRES 11. Are there h dric soils on this farm? Y No [] 12. Wetlands (W), including abandoned wetlands, or Farmed Wetlands (FW) or Farmed Wetlands Pasture (FWP). Wetlands may be farmed under natural conditions. Farmed Wetlands and Farmed Wetlands Pasture may be farmed and maintained in the same manner as they were prior to December 23, 1985, as long as they are not VV / 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 uriless the area reverts to wetland as a result of abandonment. 14. Artificial Wetlands (AW). Artificial wetlands includes irrigation-induced wetlands. These wetlands are not subject to the wetland conservation provisions. 15. Minimal Effect Wetlands (MW). These wetlands are to be farmed according to the minimal-eHed agreement signed at the time the minimal-effect determination was made. 16. Mitigation Wetlands (MIW). Wetlands on which a person is actively mitigating a frequently cropped area or a wetland 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 November 28, 1990, on which an agricultural commodity has not been planted. 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 she. 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 Weiland (CW+year). Wetlands converted after November 28,1990. 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. Pcrson Copy United Stales Soil Department of Conservation Agriculture Service !}Ir GC-t--ti 9l 4sA l? Fey- -0-61 (??? ?(aL? nlc- X84lq Dear Md, 4 (n?mi 1'. ( ). I "()X "' l'i Kcnansvillc, NC 28349 Telephone 919-296-2121 66--1 - q3 Enclosed is your copy of a wetland determination for tract 3 7 r on which you indicated your intent to clear some land. The attached map has been delineated to show the area(s) in question. Each area to be cleared has been identified with a symbol to denote its classification. Below is an explanation of the various symbols that may pertain to your map. VV - Wetland - Area is a wetland and should not be cleared for any reason if you w Ir o remain eligible for USDA programs, receive SCS technical assistance, or avoid violating US Army Corp of Engineers' and Division of Environmental Management (DEM) regulations. Any exceptions to this statement should be in writing from the Soil Conservation Service prior to clearing land. NW- Non wetland - Area is non wetland and can be cleared and utilized without violating Farm Bill. This determination of non wetland is only for Fann Bill purposes. You may still need US Army Corp of Engineers and Division of Environmental Management determinatioc)ts before clearing. The Soil Conservation Service does not have the authority to make wetland detenninations for these other two agencies. NW- Non wetland Area has hydric soils but for Fann Bill purposes only, area is non wetland due to hydrology modification prior to 12/23/85. You still need to check Nvith the US Anriy Corp of Engineers or the NC DEM to determine if additional pennits are necessary prior to clearing. CW - Converted Wetland after 11/28/90 - Area was cleared after 11/28/90 and is a converted wetland. Clearing constitutes a violation of the 1990 Fann Bill. In order to regain eligibility for USDA programs, area must be restored. Consult with the SCS about an approved restoration plan before beginning any restoration. If you need to clear the delineated wetlands for roads, buildings, hog lagoons or similar activities, you can request a converted wetland for non agricultural use (CWNA) exemption. If granted, this exemption would be for Farm Bill purposes only; therefore, you would still need to contact the Army Corp of Engineers and the Division of Environmental Management. To request a CWNA exemption, you should complete a request form at the SCS office. It will take approximately 40 days to get this exemption approved once you give this office the request. Do not start any clearing of wetland prior to receiving written notification from this office that your CWNA request has been approved. Also you should not start clearing until you have received approval from the Army Corp and DEM. All three permits must be received and approved prior to clearing any wetlands. I have tried to make this determination as fairly as possible. However if you believe this determination is incorrect, you have the right to appeal. To appeal send me a brief letter explaining why you believe this determination is incorrect. Send the letter to the address on the letterhead. This letter should be received within 15 days of your receipt of this letter. O The Sol Conservation Service lJ Is an agency of the Department of Agricutture Sincerely, Mi)aA Su gg District Conservationist Z. 11 l u' L .TIM ly ? 11 -?-i i N "1 I-z r, o r - -? ? w r, tb tr) ? 1 Oo `? z a " " f• .? a I to - ?S Z i qy + T w O Ilp / - -M 00 yo9? S ? - SEGONo"y --- Aonp No. ?i58 -s P N n 9 n s? 6 f j i 'S I I i1 5 t t . 1 i i 1 1 S j _ DEM ID: O?,590 ACTION ID: Nationwide Permit Requested (Provide Nationwide Permit JOINT FORM FOR Nationwide permits that require notification to the Corps of Engineers Nationwide permits that require application for Section 401 certification If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 4 rT cod. 1 5 arcncd?tw ?n -?.cm SC5- CPA -b al (e USDA S,?l ?n?. Swty iCQ _ __ 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: Drained: Flooded: WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. Box 1890 Wilmington, NC 28402-1890 ATM: CESAW-CO-E Telephone (919) 2514511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENT NC DEPARTMENT OF ENVIR( AND NATURAL RESOURCES P.O. Box 29535 Raleigh, NC 27626-0535 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE Sl SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF PLEASE PRINT. 1. Owners Name: 2. Owners Address: 3. Owners Phone Gon+ Ficil ppr 4. If Applicable: Agent's name or response a corporate AGEMENT. naeS nu?WorK ?2.51-5oza phone m r: }b,, j4 253-7295 5. Location of work (MUST ATTACH MAP). County: Qua1 i n Nearest Town or City: Hare Its Specific Location (Include road numbers, landmarks, etc.): SE 11 SR pr 0ow:l 4 sAarAs app ng X145 - Vro ?u)Q 41 do SA 1158 and ? (Apprai- 1390 Pt o; rnnA Crnn4aaE 6. Name of Closest Stream/River: Dodo r c, C-ed 12- -7q - 29- 3 7. River Basin: y j Qe Fear 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ J NO ?Q 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO (x] Excavated: Total Impacted: 1.5" 4cr-R,-S 12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): &15 JE U C + I'D n O ?e? ?nr1c?S Stli'?ItJLe ??iSh ?rM ?roduC?-t??1 13. Purpose of proposed work: rnQ--AruC 0Vi n-? ie-y e Quo(S SUjahle- Zor ccl+--? -arm ?ct?uc?ic,n 14. State reasons why the applicant believes tha4 this activity must be car ied out in wetlands. Also, note measures taken to minimize wetland impacts. _?-?nnCIS to ii-A lr) OnlI ?ooPr?lu ua i- -h arf'Payc 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 specsg s or critical ] habitat in the permit area that may be affected by the proposed project. Have you done so? YES [V] 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 maybe affected by the proposed project? Have you done so? YES [v]im 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? Dorn 4s ou kyan C'nrmn y% F. If applicable, what is proposed method of sewage disposal? NSA Zd. N,?/ zd , 7 a- 93 Owner's Signatu Date, 31°IS' 1 ??y M?` United States Soil V Department of Conservation W Agriculture Service W ? l ?? nl c.. X84'1 ? Dear mf . ??b k s rn; I'. O. 1 wx ,I l'i Kenansville, NC 28349 Telcplxnte 919-296-2121 Enclosed is your copy of a wetland determination for tract '1 r on which you indicated your intent to clear some land. The attached map has been dehncated to show the area(s) in question. Each area to be cleared has been identified with a symbol to denote its classification. Below is an explanation of the various symbols that may pertain to your map. W - Wetland - Area is a wetland and should not be cleared for any reason if you w b o remain eligible for USDA programs, receive SCS technical assistance, or avoid violating US Army Corp of Engineers' and Division of Environmental Management (DEW regulations. Any exceptions to this statement should be in writing from the Soil Conservation Service prior to clearing land. NW- Non wetland - Area is non wetland and can be cleared and utilized without v><olat?ng Farm Bill. This determination of non wetland is only for Farm Bill purposes. You may still need US Army Corp of Engineers and Division of Environmental Management detenninatioils before clearing. The Soil Conservation Service does not have the authority to make wetland determinations for these other two agencies. NW- Non wetland Area has hydric soils but for Farm Bill purposes only, area is non wetland due to hydrology modification &ior to 12/23/85. You still need to check Nvith the US Army Corp of Engineers or the NC DEM to determine if additional permits are necessary prior to clearing. CN'V - Converted Wetland after 11/28/90 - Area was cleared after 11/28/90 and is a converted wetland. Clearing constitutes a violation of the 1990 Farm Bill. In order to regain eligibility for USDA programs, area niust be restored. Consult with the SCS about an approved restoration plan before beginning any restoration. If you need to clear the delineated wetlands for roads, buildings, hog lagoons or similar activities, you can request a converted wetland for non agricultural use (CWNA) exemption. If granted, this exemption would be for Farm Bill purposes only; therefore, you would still need to contact the Army Corp of Engineers and the Division of Environmental Management. To request a CWNA exemption, you should complete a request form at the SCS office. It will take approximately 40 days to get this exemption approved once you give this office the request. Do not start any clearing of wetland prior to receiving written notification from this office that your CWNA request leas been approved. Also you should not start clearing until you have received approval from the Army Corp and DEM. All three permits must be received and approved prior to clearing any wetlands. I have tried to make this determination as fairly as possible. However if you believe this determination is incorrect, you have the right to appeal. To appeal send me a brief letter explaining why you believe this determination is incorrect. Send the letter to the address on the letterhead. This letter should be received within 15 days of your receipt of this letter. O The Sol Coneervetton S"ce lJ Is en agency of the Department of Agrtcutture Sincerely, 1?A 1sT Micha. Su gg District Conservationist U.S.D.A. SCS-CPA-026 1. ame and Address of Person 2. Date of Request Soil Conservation Service (June 91) p l1 7 4.G l HIGHLY ERODIBLE LAND AND WETLAND / 3. CONSERVATION DETERMINATION ?? ?? -1 ?/ rI ?3 c y,l 1 6), 4. Name of USDA Agency or Person Requesting Determination S. Farm No. and Tract No. 1 _ J 7-r '41c-) 1 1- HIGHLY ERODIBLE LAND FIELD NO.(s) TOTAL ACRES 6. Is soil survey now available for making a highly erodible land dete minatlon? Yes No ? 7. Are there highly erodible soil ma units on this farm? Yes TA_ No[] ,,. r. 8. List highly erodible fields that, according to ASCS records, were used to produce an agricultural commodity In any crop year during 1981-1985. 9. List highly erodible fields that have been or will be 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 enrolled in a USDA set-aside or diversion program. 10. This Highly Erodible Land determination was completed in the: Feld ? qFr TVM U. VV&-RANe FIELD NO.(s) TOTAL ACRES 11. Are there h dric soils on this farm? Y No ? 12. Wetlands (W), including abandoned wetlands, or Farmed Wetlands (FW) or Farmed Wetlands Pasture (FWP). Wetlands may be farmed under natural conditions. Farmed Wetlands and Farmed Wetlands Pasture may be farmed and maintained in the same manner as they were prior to December 23, 1985, as long as they are not / ill r 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 wetand conservation provisions unless the area reverts to wetland as a result of abandonment. 14. Artificial Wetlands (AW). Artificial wetlands Includes irrigation-Induced wetlands. These wetlands are not subject to the wetland conservation provisions. 15. Minimal Effect Wetlands (MW). These wetlands are to be farmed according to the minimal-effect agreement signed at the time the minimal-effect determination was made. 16. Mitigation Wetlands (MIW). Wetlands on which a person is actively mitigating a frequently cropped area or a wetland 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 aril November 28, 1990, on which an agricultural commodity has not been planted. 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 she. 20. Good Faith Wetlands (GFW+year). Wetlands on which ASCS has determined a violation to be in good faith and the wetiand 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 ineNgible for USDA benefits. 22. Converted Weiland (CW+year). Wetlands converted after November 28,1990. You will be IneNgible for USDA program benefits until this wetland is restored. 23. Converted Wetland Non-Agricutural 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 Weil (CW). See hem 22 for information on CW+year. 27. The wetland determination was completed In the office ? n2!t ? was delivered? mat the person on :?z Y7- 28. Remarks. n /;? ??? -. QA9•) ult. "(-d, rf. ,w, JC?0d ; 29. 1 certify that the above determination is correct and adequate for use in determining 90. re of SCS District Consefvatbniat 131. Date eligibility for USDA program benefits, and that wetland hydrology, hydric soils, and A/ r. _ hydrophytic vegetation under normal circumstances exist on all areas outlined as Widande Farmed Wid-de. -d F.-od Widnwlr Parmri 111"'111/ c 1. .... / / / Aphlrnm a?Mpnopmrmn of Nw 8oN CDtww vffion 5Nvkv Ivall?11 11 W-Ing 011116 or Pcrson C',oj)y I r�� M,OGy098S Soo No • I168 -i DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 August 5, 1993 IN ""iru F1tFtH 1 V Regulatory Branch 1 11993 .a,.S WETLANDS GROUP Action ID No. 199303212 and Nationwide Permit No. 26 (Headwaters and Isolated Waters) Ms. Clara W. Highsmith Box 153 Highsmith Road Willard, North Carolina 28478 Dear Ms. Highsmith: Reference your application of July 7, 1993, for Department of the Army (DA) authorization to place fill material impacting 1.5 acres of wetlands above the headwaters of Doctors Creek to construct catfish ponds on your property located off SR 1158 approximately 495 feet from NC Highway 41 near Harrells, Duplin County, North Carolina. For the purposes of the U.S. Army 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 (NWP). 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 NWP 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 NWP 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 NWP if, during that period, the NWP authorization is reissued without modification or the activity complies with any subsequent modification of the NWP authorization. If during the NWP, the NWP 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 NWP, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the NWP will remain authorized provided the activity is completed within 12 months of the date of the NWP'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. Jeffrey Richter, Wilmington Area Field Office, Regulatory Branch, telephone (919) 251-4636. Sincerely, G. Wayne Wright Chief, Regulatory Branch Enclosure Copy Furnished (without enclosure): John Dorney mater Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 29535 Raleigh, North Carolina 27626-0535