19930904 Ver 1_COMPLETE FILE_19931026

! -
DEPARTMENT OF THE ARMY 0 s\
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO. BOX 1890 - 8 1993
WILMINGTON, NORTH CAROLINA 28402-1890
December 2, 1993
IN REPLY REFER TO
Regulatory Branch
Action ID. 199400284 and Nationwide Permit No. 26 (Headwaters and Isolated
waters)
Mr. James Franklin Smith, Sr.
Mrs. Jean G. Smith
Route 7, Box 329-E
Kinston, North Carolina 28501
Dear Mr. and Mrs. Smith:
Reference your application of October 19, 1993, for Department of the
Army authorization to excavate a 1.7-acre hog lagoon, and fill 0.3 acre for
a hog nursery, impacting a total of 2 acres of adjacent wetlands, located
above the headwaters of an unnamed tributary to Flat Swamp, off SR 1306,
near the southern intersection of SR 1002, near Sassers Mill, in Jones
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 provided:
a. The discharge does not cause the loss of more than 10 acres of
waters of the United States;
b. The permittee notifies the District Engineer if the discharge would
cause the loss of waters of the United States greater than one acre in
accordance with the "Notification" general condition. For discharges in
special aquatic sites, including wetlands, the notification must also
include a delineation of affected specific aquatic sites, including
wetlands; and
c. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions. This
NWP permit does not relieve you of the responsibility to obtain any required
State or local approval.
ti
-2-
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 authority has been exercised on a
case-by-case basis to modify, suspend or revoke the authorization.
As discussed, you should contact the following State agency to obtain
the required State authorizations prior to starting work: Mr. John Dorney,
North Carolina Division of Environmental Management, telephone (919)
733-1786.
Thank you for your time and cooperation. Questions or comments may be
addressed to Mr. Norm Sanders of our Washington Regulatory Field Office,
telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure

-3-
Copies Furnished (without enclosure):
Mr'-John Dorney
ater Quality Section
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Keith Metts
U.S. Soil Conservation Service
Post Office Box 40
Trenton, North Carolina 28585
Mrs. Deborah Sawyer
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
1424 Carolina Avenue
Washington, North Carolina 27889
Mr. Richard Peed
Division of Land Resources
Land Quality'Section
North Carolina Department of
Environment, Health and
Natural Resources
1424 Carolina Avenue
Washington, North Carolina 27889
State of North Carolina
Department of Environment,
Health and Natural Resources A V.
Division of Environmental Management -fir
James I Hunt, Jr„ Governor
Jonathan B. Howes, Secretary [D F= "
A. Preston Howard, Jr., P.E., Director
December 15, 1993
James F. & Jean G. Smith
Rt. 7 Box 329E
Kinston, N.C. 28501
Dear Mr. & Mrs. Smith:
Subject: Proposed fill in Wetlands or Waters
Hog nursery and lagoon construction
Jones County
DEM Project # 93904
Upon review of your request for 401 Water Quality Certification
to place fill material in 2.0 acres of wetlands or waters which are
tributary to Beaver Creek for hog nursery and lagoon construction.
located at SR 1306 in Jones County as described in your submittal
dated 22 October 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. Lagoon design shall be done following U.S. Soil Conservation
Service guidelines.
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,
93904.1tr Preston Hoard, Jr. P.E.
Attachment
cc: Wilmington District orps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
Jones County Soil and Conservation Service
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
I
W
•
DEM ID: ACTION ID,
Nationwide Permit Requested (Provide Nationwide Permit ft .2 ?
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 I
NC DEPARTMENT OF EI
AND NATURAL RESOURCES D
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
OC 1 2 2 IJ?3
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT ?LUAGE'MENT
SEVEN (7)' COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIR
PLEASE PRINT: n
1. Owners Name: AM e 5 t f? A N kf id ?m R . i JP---A Al Uf h
2. Owners Address: ? ?
3. Owners Phone Number (Home): q t q ,2 -.2517D (Work): ?
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
5. Location of work (MUST ATTACH MAP). County: 7-aN a 4
Nearest Town or City: n V C'. R f
Specific Location (Include road numbers, landmarks, etc.): 6L#k-f, lQ d 1.3 D l9 LOQe
4 j,) ANC 4a .15J4?z' g i?QAJ
6. Name of Closest Stream/River.
7. River Basin: r v_S t
8. Is this project located in a watershed classed 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 01
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 wetlands, impacted by the proposed project:
Filled: U A e -'A e.
Drained:,
Flooded:
Excavate
Total Impacted: a A (7 4 e S-

12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): ?.D4a & ur't

13. Purpose of proposed work: -F C, 0 d Yl ? ; , P R N(I e9 e, A :t ea
4,0a 41U /?{?
14. State reasons why the apphhccant believ that 's a??ty?must? be ca ?' put in wedands. Also, note o ne measure
taken to minimize wedand impacts.

15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fishodes 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 LA NO [ l
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. 7?/?/-0'
/®r ?s. ?r?ii?w.7pI12J
16. You are required to contact the State Historic Preservation Officer (S*1PO) regarding the oaf' histdric
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. e A'0 Ale,-
17. Additional information required by DEM: , °?'g? •
A. Wedand ddineatioa map showing all wetlands, streams, and lakes can 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?
F. If applicable, what is proposed method of sewage disposal?
's Signature Date
00,
f

5°07'30"
77°
-N e S C; o (,c N't c( I x 4
This map was compiled by U.S. Department of Agriculture,
Soil Conservation Service and cooperating agencies on 5000 4000 3000 2000
1974 orthophotography obtained from U.S. Department
of the Interior, Geological Survey.
1

x ?'yg
x ?? ?-•' ? J W + 'yr' 1'
'A"

'I
;v
I?,
N ?- -
O
C7 (n
m
z
L
C?
- 7,1
N

mow

D ct? Z
r cn ` fTI
?
?n ter, '.

_ O f Crl?.?

N N N Z
CJ t
O
(
l
o
N
, ;T)
v
C
i
O N O
CA
V
N
O
i'^ .vim E
ii L o
N mz mcYzt>
h
o z
N z sir
c me
Y m?w
z
0
A ocn r??
C?
o jF 3;m?
z >
o
ti
v?

32 g
,
SR 1002
N M
?v
0
0
m
v
v
v

T1
i? -ir 'r +) ,e. `? arm I pp" rn?
rr///x1111llifift` I ` °?s
1,306 60W
55 9,,
80

?v
Z\Q
\Y
?Lll

c co
a
U

vl
v
O
n ?
T ?+
CD C
rv
W I} ?
O U (n
Z
CT)
O rm
to
DDTODOO
X
G)
Q1J
?7FA Z
c?
m
m
x
Q mTli N C7
"
0
L
O>
m
1OpAl
0
(n c V1
Z3?
? Z ?
?o?-moo

mm
ts
v ?
q
0" , r
01 Q ? 03
N =?° N
V D
9-o
m
ZC)
f
i I m>`i -fo
0 X paw 1T1
V r- 0) > M
N zD m
fb C3a o;
.P c b
W N cn

Z
_f
4

7 }
y