19930878 Ver 1_COMPLETE FILE_19930902

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
October 15, 1993
B.F. Kennedy
4912 Fennell Court
Suffolk, Virginia 23435
Dear Mr. Kennedy:
Subject: Proposed fill
Agricultural
Duplin County
DEM Project #
A4 710W
WOO&
[D F== F1
in Wetlands or Waters
clearing
93878
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.1 acres of wetlands or waters which are
tributary for agricultural clearing located at I-40 in Duplin County
as described in your submittal dated 5 October 1993, we have
determined that the proposed fill can be covered by General Water
Quality Certification No. 2664. 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,
j.
reston twa,? Jr. P. E.
ijL
93878.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
Michael Sugg; Duplin County District Conservationist
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
October 5, 1993
Mr. John Dorney
Water Quality Section
Division of Environmental Management
NC Department of Environment, Health, and Natural Resources
Raleigh, NC 27611-7687
Dear Mr. Richter:
I have approximately fifteen (15) acres of land in Duplin County
adjoining interstate 40 in the Warsaw area I hope to clear for
farm land. Mr. Sugg, the District Conservationist, has approved
the clearing of this land, which contains 0.10 of wetlands.
I have been advised by Mr. Sugg that I should advise you of this
intention as additional permits or perusal may be required.
Attached are copies of the map and correspondence from the Soil
Conservation Service.
I would appreciate a reply on this matter as soon as practicable,
as I want to get started on this clearing.
Sincerely,
tF nt
?Kenne1 Court
Suffolk, VA 23435
United stats?e soil P. O. Box 277
DeparUment f conservation Kenansville, NC 28349
Agriculture Service Telephone [phone]
--------------------------------------------------------------------------------------------------------
September 28, 1993
Mr. B. F. Kennedy
4912 Fennell Ct
Suffolk VA 23435
Dear Mr. Kennedy:
Your request for a minimal effect determination on the 0.10 acre area on tract 1812 has been
approved. Enclosed is a revised CPA-026 form and aerial map showing the area classified as
a minimal effect wetland. This area can now be used without violating the 1990 Farm Bill.
Please be aware that this exemption only relates to the 1990 I-arm Bill. You may still need
additional permits from the t-tS Army Corp of Engineers and the N(' Division of
Environmental Management. "These addresses are listed below for vour convenience.
Mr. Jeff Richter
US Army Corp of Engineers
P. O. Box 1890
Wilmington, INC 28402
Mr. John Dorney
Water Quality Section
Division of Environmental Management
NC Department of Environment, Health, and Natural Resources
P. O. Box 27687
Raleigh, NC 27611-7687
If you have any questions, please contact me.
Sincerely,
:Michael E. Sugg
District Conservationist
The Soil conservation Service
` is an agency of the
nanartmwnt of Anncu Rare
U.S.D.A. SCS-CPA-026 1. Name and Address of Person 2. Date of Request
Soil Conservation Service (June 91) `? r VU

y
HIGHLY ERODIBLE LAND AND WETLAND -
CONSERVATION DETERMINATION
4. Name of USDA Agency or Person Requesting Determination 5. Farm No. and Tract No.
SECTION I - HIGHLY ERODIBLE LAND
FIELD IELD NO.(s) TOTAL ACRES
6. Is >oil survey now available for making a highly erodible land determination) "es El No j]
7. Are there highly erodible sod map units on this farm? Yes © to jJ
8. List highly erodible fields that, according to ASCS records, were used to produce an agricultural commodity in anv
crop year during 1981-1985.
I
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 Office E-1 Field ?
SECTION II - WETLAND =
FIELD NO.(s) TOTAL ACRES
11. Are there hydnc soils on this farm? Yes 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
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 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 Uf a-.
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 site.
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 Wetland (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 Welland 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 Wetland (CW). See item 22 for information on CW+year.
27. The wetland determination was completed in the office ? field E] and was delivered? mailed Ito the person on
28. Remarks

29. l certify that the above determination is correct and adequate for use in determining 30. $ig?atyra of SCS District Conservationist I31._Qate
eligihilirv for USDA program benefits. and that wetland hvdrolo,gv, hydric soils, and l , i
hvdrn hvtic vegetation under normal circumstances exist on all areas outlined as r/
Wetlands. Farmed Wetlands. and Farmed Wetlands Pasture. f4t
AssistwWo and programs of the Soil Consarvsf/on Swvkv avWhibls wWmd mgad fo rme rslWdn, color, sex, tags, or
Appeals
The coriservation provisions of the Food Security Act of 1985 place responsibility on U.S. Department of Agriculture (USDA) agencies tw
making oeterminations which may have significant economic impact on farm operations. These determination are made as accurately as
possible. However, there will be situations when persons believe the rules have not been properly applied in their case resulting in the
denial el USDA program benefit.
E ich ac ency?-Ahe Agricultural Stabilization and Conservation Service (ASCS), Farmers Home Administration (FmHA), Federal Crop Insurance
orpor.,'lon (FCICI, a:A Sari Conservation Service (SCSI-has an appeals procedure for the purpose of ailruwirg prodixers to furnish
?Nwdence to support their claims that the ru'.s have not been properly applied.
;±ems ASCS is responsible for determining:
.-?apeeled • whether a person is a producer on a tielc
ASCS a establishment of field boundaries;
.? whether land was planted to an agriculturai commodity any of the years :981 th -cugh i cd5:
1 whether land was set aside, diverted, or otherwise not cultivated under a program administered by the Secretary of
Agriculture;
r whether the production of an agricultural commodity on highly erodible land or converted wetland by a tenant is
required under terms and conditions of the agreement between the iandl"d and tenant;
• whether the agricullwal commodity planted on a field was planted before December 23, 1985, or during any crop
year which began hefnre December 23, 1985; and
;r whether the conversion of a particular wetland was commenced before December 23, 1985.,w converted since
December 23, 1985 by third party. -f
Items FmHA is responsible for determining whether the proceeds of any loan made, insured, or guaranteed under any
Appeals ed provision of law administered by FmHA will be used for a purpose that will contribute to excessive erosion of
To FmhA .nighty erodible land or to the conversion of wetland.
Items FCIC is responsible for determining if insured producers or those applying for crop insurance are in compliance
AppeeiA with the Food Security Act of 1985.
To FCIC
Items SCS is responsible for appeals regarding:
Appeaw-d A. Highly erodible land determinations:
o SCS • determination of the land capability classification of a field or a.poftion of a field;
• deteminafion of a predicted average annual rate'ofeeosibn for afield or a portion of a fkM;
• determination of the potential average annual rate of erosion-for a field or a portion of a field-
• determination by a conservation district, or by a designatbd:conservationist in those areas where notonservation
district exists, that a conservation system or a conservation plan should not bq Approved:
8. Wetland determinations:
• determination that certain land is a "wetland" as defined by the act;
• determination that certain land is a "converted wetland" as defined by the act;
• determination of whether the conversion of wetland for the production of an agricultural commoddy on such
converted wetland will have minimal effect on the hydrological and biological aspects of weland_
• determination of whether wetlands are exempted as result of being priouconverted, artificial, or irrigation-
induced wetlands, or wetlands farmed under natural conditions.
C. Whether SCS followed its policies and procedures.
How To You should request reconsideration by the person or committee of the agency making the initial determination
Appeal within 15 days (30 days for FmHA,,and 45 days fpr. SCS) of the mailing of the determination.
Appeals of adverse decisions may be made to the next level of appeal within 15 days (30 for Fn*ik and 45 days for
SCS) of the mailing of the decision. Decisions by the highest listed authority in each agency are final and there are no
further administrative appeal rights. The succession of levels for appeal following reconsideration by the person or
committee making the initial determination are:
For ASCS For FmHA:
1 st - County ASC Committee 1 st - County Supervisor
2nd - State ASCS Committee 2nd - District Dineclor
3rd - Deputy Administrator for State and County Operations; 3rd -State Drector
4th - Adminish'alor
For Field Operations 11st Obb*, Conservationist
2nd - Kansas City Appeals 2nd -:4kis
Board: Claims Division 34 StMe Corservabirlist
3rd - Assistant Manager, FCIC Washington, DC 4tf} -Deputy Chief for Programs
'ConWwws awmaed by FCIC wiN uNtize their own appeal process. ;
This"sheet-provides general information on the appeals procedure of the . Food Security Act of 119 5. Pubished -tiles • and regulations
are available at local USDA offices.
All USDA programs and services are available without regard to race, color, national origin, rehgkwt.,.aerx;`ape, marilol state is, or handicap.
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