19930939 Ver 1_COMPLETE FILE_19930115

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGIN
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
December 9, 1993
IN REPLY REFER f0
Regulatory Branch

WATER QUA TY S.=G
Action ID No. 199400420 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Carroll G. Hall
950 Benson Hardee Road
Benson, North Carolina 27504
Dear Mr. Hall:
Reference your application of November 3, 1993, for Department of the Army
(DA) authorization to impact 2.25 acres of wetlands associated with the
construction of an irrigation pond for a horticultural operation on your
31-acre tract of land located 1/4 mile south of Benson Hardee Road (S.R.
1303), approximately 1 1/2 miles northwest of N.C. Highway 50, adjacent and
above the headwaters of East Mingo Creek, west of Benson, Johnston 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 proposed 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 [phone], regarding 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 2 years 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 2 years, 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

-2-
authority has been exercised on a case-by-case basis to modify, suspend, or
revoke the authorization.
Questions or comments may be addressed to Mrs. Jean B. Manuele, Raleigh
Field Office, telephone [phone], Extension 24.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. ohn Dorney
ter Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Jeff Coutu
Planning Director
Johnston County Planning and
Inspections Department
Post Office Box 1052
Smithfield, North Carolina 27577-4194
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
December 17, 1993
Carroll G. Hall
950 Benson Hardee Road
Benson, N.C. 27504
Dear Mr. Hall:
A IF
'VA
4; -tow
ID F= Fl`
Subject: Proposed fill in Wetlands or Waters
Pond creation
Johnston County
DEM Project # 93939
Upon review of your request for 401 Water Quality Certification
to place fill material in 2.25 acres of wetlands or waters which are
tributary to Mingo Swamp for pond creation located at Benson Hardee
Road in Johnston County as described in your submittal dated 3
November 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 150D 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,
u
resHowa Jr. P.E.
93939.1tr
Attachment l
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
"Mr..., John Dorhey
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
MEMORANDUM
TO: John Dorney
Planning Branch
PRINT NAMES: J
Reviewer. fi_
WQ Supv.
DATE :

SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ***
PERMIT YR: 93 PERMIT NO: 0000939 COUNTY: JOHNSTON
APPLICANT NAME: CARROLL G. HALL
PROJECT-TYPE: POND PERMIT-TYPE: NW26
COE_#: DOT-#:
RCD_FROM_CDA: APP DATE_FRM CDA: 11/03/93
REG OFFICE: RRO RIVER-AND-SUB-BASIN-#:
STREAM-CLASS: C, ?w
WL_IMPACT? : ON
WL_REQUESTED : 2, Z 5
WL_SCORE(#):
STR_INDEX_NO : Z 2
WL_TYPE:
WL_ACR_EST?: ON
WATER IMPACTED BY FILL?: YN
HYDRO_CNECT?: / MITIGATION?: Y/T
MITIGATION-TYPE: /VX MITI GATION_SIZE: /y?
IS WETLAND RATING SHEET ATTACHED?: 6%N
RECOMMENDATION (Circle One): C?UE>ISSUE/COND DENY
COMMENTS:

cc: Regional Office
Central Files
DEN1,IDM . 3 / ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): ?frL V, P
JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section. 401 certification
Wn MINGTON DISTRICT ENGINEER WATER QUALITYPLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRO ,
P.O. Box 1890 AND NATURAL RESOURCES D W N
Wilmington, NC 28402-1890 P.O. Bor. 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535 N?V
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENSEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF VIR
PLEASE PRINT.
1. Owners Name: CABEOLL. 6. 1-kiN .L_
2. Owners Address:
3. Owners Phone Number (Home): (9 (q) E94-33°17 (Work): 910169+- 21,30
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
N?la•
5. Location of work (MUST ATTACH MAP). County: ?aN?•?sroht
Nearest Town or City: ti1?`?N . ly • C.
Specific Location (Include road numbers, landmarks, etc.)& arcy'l?t_?? . a ?? SENF.?.1 t l1?oEE T??'
?? ?,? oa Nt(,a4i?v.?y 50 ?.I.CTt???v ???c??a? , GO A.FRzoac. yZ. l?u?T c.??n1
90,
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO 4C1
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
6fM2X ^ATaL-i 4 Ac ?ES_ ,oz-r+-uE.v Pt ?v Q taA??r O?
11. Number of acres of waters of the U.S., including wetlands,' impacted by the proposed project:
Filled:
Flooded:
Excavated: = ? 2 AG[ZES CFO
Total Impacted: 2. 5 a?G ?S
7. River Basin:
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO
S .,
r
12. Description of proposed work (Attach PLANS-81/2" X.1 I drawings only): A 3 tip
QG2f
TO T?c ©F \-414 tc_ -k ',,-lcxiLO ie>G I" _1'?UG 2•z5
13. Purpose of proposed work: -rep JMQ3 icy ?.rp Mr=
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taICGA .t0 minimize Wetiaad impacts. ,1 t,1 o eat Tf? LJF '?NF?c P 'T _ ! T ?"E
wix , Luc-?i. ??.tfl I A?' TAE ??•c ?ur? a7F -t?aE P?
%=4--- GGJ • Gv V?KI YAf1=Cl? vIV? I'4Ar ?`?C.t 1.#?VV"J" P '?,GN?IPLP
1 ou are rec.ured to contac , , .S. and ildlife Service (USFWS) and/or National Marine Fis cries Service wew
(NUPS) rega ng he press ceany Federally listed orproposed for listing endangered or threatened species or critical VLWcei
habitat in the permit area that affected by the proposed project. Have you done so? YES VI NO [ ]
RESPONSES FROIvt. TJ S AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
M You are''irquired to contacrthe 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 V-1 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.
L1. If a totau?ater management plan; is required. for ahisi, attar aM.
E. What is land use of surrounding property? A?tz?Gu?TUp
F. If applicable, what is proposed method of sewage disposal?a
1< it 2 A
Sign,
tit= Gate
Owr's
,

i

i
as s 89° 19'40" E --0 581.30' S 88° 34' 40" E
E/P 50' ACCESS EASEMENT
5, r N -8V-3 440
651.81'
-- N 89-19' 40" W
583J6' f
84' Els S 88.34' 4,
955.
IS21054 5' .ACCESS EAS.
' 14"W
'
358.26'
Els
K

C1'
CONTAINS 31.01. ACRES S32°23'39"W
THIS BEING A PORTION OF JOHN B. BRADYS 343.73'
122.837 ACRE TRACT.
E/s
S/0°33'46"W
234.53'
N
tp
Els _

~ Q?

ell,

0
° JOHN B. BRAD

N J..9/ ACRES OF WETLANDS
(
Ely p. ..
?

Els

RUN OF MINGO SWAMP IS PROPERTY LIVE

?
C\ N N
°
to

Z
DEED REFERANCi
DB 444 PG 448
_y
THIS CERTIFIES THAT THIS COPY OF THIS PLAT
ACCURATELY DEPICTS THE BOUNDARY OF THE
JURISDICTION OF SECTION 404 OF THE CLEAN
WATER ACT AS DETERMINED BY THE UNDERSIGNED
ON THIS DATE. UNLESS THERE IS A CHANGE IN
THE LAW OR OUR PUBLISHED REGULATIONS, THIS
DETERMINATION OF SECTION 404 JURISDICTION
MAY BE RELIED UPON FOR A PERIOD NOT TO
EXCEED THREE YEARS FROM THIS DATE. THIS
DETERMINATION WAS MADE UTILIZING THE 1987
CORPS OF ENGINEERS WETLANDS DELINEATION MANUAL.
NAME
TITLE:
DATE:
i
y ?
Wetland area
e
Hydrologically connected
Hydrologically Isolated
pe (select one)
Wetland t o Other
y
//
f
ty 5
S c o Shoreline "
ores
wamp
Bottomland hardwood fcrest - dun! ?-
Soh ?-'
o Stream channel •
o Carolina bay o Saft marsh •
o Pocosin o Brackish marsh
o Pine savannah o Freshwater marsh
o Wet flat o Bog/Fen •
o Perched o Vernal pool
Water storage sure .
Bank/Shoreline stabilization ......
x 4.00
Pollutant removal
......................
Sensitive watershed

id
l
50

.
... T '

rVetland score
or
corr
Dispersa '> .............
Special ecological attributes :::::•:.> .
Wildlife habitat
Aquatic life val u e- :;
......................
Recreation/Education

conomic value =

0.2
x S
:::...................

e
Applicants Name: Carroll G. Hall
Project type: Pond
Location: Johnston County, Along SR 1303 near Benson
Prior to Mr. Hall buying this tract of land, the bulk of the
wetlands associated with this site was cut over (all the way to the
stream bank). Currently it contains a mixture of Rubus spp.,
Juncus spp., and Lonicera japonica along with logging slag.
This tract is 31.1 acres, of this 3.9 acres of wetlands have been
delineated. It has been explained to me that this proposed pond
and the resulting dam will impact 2.25 acres of wetlands. It is my
opinion that this pond will limit rain events and irrigation runoff
from the nursery activities that are planed for the remaining
acreage. Mr. Hall has also explained that 1.66 acres of wetlands
between Mingo Swamp proper and the dam will be left intact.
-Recommendation issuance
see attached map
• • .
1 250-/
128
Ce \ I J i
1 ? \ p .
.:Cem
277 ... - .-?. 271
_ j 1 \
11 _ 270 i s
L3 m
284'
r r
2361 2; ??? L ?\ I?
259\ o II. iu \ I?
1; Drive-i
Thea
262_1/• g , ?. i - ( ) ?? 'r. 259
?l
1 Z_ If e.nson
1705 n rT
1709
it \ \ ' ?? i? 7
e
Cem`•.
L> // /ice ` • ?i
?•// ?`? ? ??•? ,
e Chapel I-f?-2 50
254
\?1 Cem ?p\ 1170
it i\ ??? (\ ? ?1 ?:_ -- -- ---- ?? . ' •'
1256 • /?/L*31,: ? ? ? tUI ? ? / ? 4? A
I\
2120000FEET 719 35' 7
20
721' (SUNNI - ° `? - -
,.. 5254 1 SE 722 v/e r MT. ?0 All,
y * 1 , SCALE 1:24 000
IAN EEEEER:::? 2 0
GN 1000 0 1000 ---- 1 MIL
?T n 2000 3000 4000 5000
_ __ 6000 7000 FEET
.5 0
89 MILSI I.25' -- 1 KILOMETRE
25 MILS CONTOUR INTERVAL 10 FEET
II NATIONAL GEODETIC VERTICAL DATUM OF 1929
U7M GRID AND 1973 MAGNETIC NORTH
DECLINATION AT CENTER OF SHEET F /
THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS
FOR SALE BY U. S. GEOLOGICAL SURVEY, RESTON, VIRGINIA 22092
A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILABLE ON REQUEST
.n
DE1V(p: 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
WII.MINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
WME
DEPART OF THE ARMY NC DEPARTMENT OF ENVIR
NT. TH
P.O. Box 1890 AND NATURAL RESOURCES 0
Wilmm;ton, NC 28402-1890 P.O. Box 29535
ATI'N: CESAW-CO-E Raleigh, NC 27626-0535
Telephone [phone] ATrN: 'MR JOHN DORNEY 3
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT ,
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF O
PLEASE PRINT
1. Owners Nam : CA91;k0L%_ G.
2. Owners. Address: 950 P. ?C ?o?.a N[?z?E?E tom, ? `:?U..t?1? U- C, 91=
3. Owners Phone Number (Home): (9a0)) 9A4 -33q-7 (Work): (9 tOi Sq` - 2(030
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
5. Location of work (MUST ATTACH MAP). County: Sot-1t??-TO?*l
Nearest To" or City:
Speck Lwation.(Ipclude road numbers, landmarks, etc.)Loi:!= 6_t? • a?? SE??F.aG1.1 Nt pEE
60 &1? O wa ?, iZn . cam rr?cV wu" IURA
RD,
7. Riyr Basia :
8.. Is t1his project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO N
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
11. Number of acres of waters of the U.S., including wedands,L impacted by the proposed project:
Filled:
Drained:
Flooded:
Excavated: = ?, 2 A.GtZES ?FNC?
,Total Impacted: 2.z 5 e.?cS
AGI Cep
.2. Description of proposed work (Attach PLANS-8 U2" X 11" drawings only): A 3 yo 1'
Iro 5 4 G2t O F ??(M lG-l-k t..o 154a, t ?.? ??t w??
3. Purpose of proposed work: -Po
4. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
aken to minimize wetlAnd acts. 114 Q QVQZ --f? ::W& ?? ?d F [IlS?1l,?T ? A" E A
w
THIS CERTIFIES THAT THIS COPY OF THIS PLAT
ACCURATELY DEPICTS THE BOUNDARY OF TER
JURISDICTION OF SECTION 404 OF THE CLEAN
WATER ACT AS DETERMINED BY THE UNDERSIGNED
ON THIS DATE. UNLESS THERE IS A CHANGE IN
THE LAW OR OUR PUBLISHED REGULATIONS, THIS
DETERMINATION OF SECTION 404 JURISDICTION
MAY BE RELIED UPON FOR A PERIOD NOT TO
EXCEED THREE YEARS FROM THIS DATE. THIS
DETERMINATION WAS MADE UTILIZING{ THE 1987
CORPS OF ENGINEERS WETLANDS DELINEATION MANUAL.
NAME:
TITLE:
DATES
i
i
4
?I
wr ,
i
EIS S 89° 19'40" E 581.30' S 88° 34-40" E
_ - EIP 50' ACCESS EASEMENT
-R831 005' - N 88° 34`40
..*- N 89° l9' 40" W 651.8/'
.6'
K
fn
h
Ct'
CONTAINS 31.01 ACRES
THIS BEING A PORTION OF JOHN B. BRADYS
122.837 ACRE TRACT.
io
N
?o
._ B
?LQ
49
ui
-?? O - ? AN --_L1! L_L.L4 L1 0 i ia. '? ; ' y,,•
\ z N 3.917 ACRES OF WETLANDS 6Q . 44
4
EIS
E/S 1, NI
D\V ?
n N RUN OF MINGO SWAMP IS PROPERTY LWE
c\j co
?h N
N
U)
co
z
844'' EIS S 88.34' 4t
7' _Q/ 50'.ACCESS EAS
S 21° 54'14" W
358.26'
4 EIS
S 32° 23'39" W
343.73'
EIS
S l0° 33'46" W
234.53'
EIS
JOHN B. BRAD'
DEED REFERANCE
DB 444 PG 448