19930915 Ver 1_Complete File_19931028

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DATE:
TO: SUBJECT:
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From
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North Carolina Department of Environment,
Health and Natural Resources T?c?
? *? T^ i ? V? Printed on Recycled Paper
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State of North Carolina
Department of Environment,
IF
Health and Natural Resources 1 • •
Division of Environmental Management
James B. Hunt, Jr,, Governor
C p
Jonathan B, Howes, Secretary C) H N F 1
A, Preston Howard, Jr., P.E., Director
March 25, 1994
Mr. Timothy Haithcock
Barnes, Braswell and Haithcock
231 East Walnut St.
P.O. Box Drawer 7
Goldsboro, N.C. 27533-0007
Dear Mr. Haithcock:
Re: Duck pond construction
Wayne County
DEM # 94163, COE 199400434
The Division of Environmental Management has reviewed your
submittal for a 404 permit for duck pond construction in one acre
of wetlands, Wayne County. Your application was not complete
since seven copies of the attached application for and maps were
not included. This information is needed by DEM in order for us
to decide whether this project is permittable.
I can be reached at 733-1786 if you have any question.
Until this information is received, I will request (by copy of
this letter) that the Corps of Engineers place this project on
hold.
Sincerely,
??6
John R. Dorney
94163.hld I
Attachments
cc: Washington DEM Regional Office
Wilmington District of COE
Washington Field Office COE
Central Files
R0. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
HENSON P. BARNES
R. GENE BRASWELL
W.TIMOTHY HAITHCOCK
GLENN A. BARFIELD
B. GEOFFREY HULSE
REBECCA B. RICHARDS
BARNES, BRASWELL & HAITHCOCK, P. A.
ATTORNEYS AT LAW
231 EAST WALNUT STREET
POST OFFICE DRAWER 7
GOLDSBORO, NORTH CAROLINA 27533-0007
March 21, 1994
0
TELEPHONE
[phone]
FAX
[phone]
MAR221
?t
ATTN: John Dorney
Water Quality Planning
Div. of Envir. Management
NC Dept. of Environ., Health,
& Natural Resources
P.O. Box 29535
Raleigh, N.C. 27626-0535
Dear Mr. Dorney:
Enclosed is a letter dated December 2, 1993 which was sent
to me, and a copy of my form application dated October 25, 1993.
Do I need any other clearances, permits, or governmental approval
before beginning this project?
Please advise.
Sincerely,
BARNES, BRASWELL HAITHCOCK, P.A.
W. Timothy Haithcock
WTH/ba
enclosures
r
e)
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
December 2, 1993
IN REPJ' REFER TO
Regulatory Branch
Action ID. 199400434 and Nationwide Permit No. 26 (Headwaters and Is
Waters) r-.% ra fa R n
Mr. W. Timothy Haithcock
113 Farimax Road
Goldsboro, North Carolina 27530
Dear Mr. Haithcock:
Reference your application of October 25, 1993, for Department of the
Army authorization to construct a dam/access road across wetlands allowing
the construction of a duck pond, impacting one (1) acre of wetlands, located
above the headwaters of Cabin Creek, off SR 1950, near Goldsboro, Wayne
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 NWP provided it is accomplished in
strict accordance with the enclosed conditions. This NWP does not relieve
you of the responsibility to obtain any 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

-2-
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,
e Wri
"lie Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Dorney
Water 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
Mrs. Deborah Sawyer
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
1424 Carolina Avenue
Washington, North Carolina 27889
Mr. Harry Bailey
Division of Land Resources
Land Quality Section
North Carolina Department of
Environment, Health and
Natural Resources
1424 Carolina Avenue
Washington, North Carolina 27889
Ms. Patricia Gabriel Mr. Joe Allen, Ordinance Enforcement Officer
U.S. Soil Conservation Service Wayne County Planning Department
Wayne Center Room 104 115 South William Street
208 W. Chestnut Street Box 227
Goldsboro, North Carolina 27530 Goldsboro, North Carolina 27533
DEM ID: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit ft 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 WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENTAL MANAGEMENT
DEPARTMENT OF THE ARMY NC' DEPARTMENT OF ENVIRONMENT, HEALTH,
P.O. Box 1890 -AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW CO-E' Raleigh; NC 27626-6535
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS.
SEVEN (7)' COPIES SHOULD BE SENT TO THE N.C. DIVISION.; OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT: _
1. Owners Name: WORTH TrVM-Y' HAITHCOCK
2. Owners Address: 113- Fainrax Road, Goldsboro; N.C. _
3. Owners Phone Number (Home): [phone] (Work)': [phone]
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
N/A
5. Location of work (MUST ATTACH MAP). County: Wayne County
Nearest Town or City: Goldsboro
Specific Location (Include road numbers, landmarks, etc.): Tn,a; an cnri igs !13Q,4;Q1i. betl2em
Rural Paved Road..1950 and Rural Paved Road 1949
6. Name of Closest Stream/River: Neuse River
7. River Basin: Close to Neuse, but I believe it drains to Cape Fear.
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS H? YES [ ] NO [X]
9. Have any Section 404 permits been previously requested for use on this property?
If yes, explain.
YES [ ] NO [y,)
Not to My lax)vrledge.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: Es irlate
1 to 3 acres of wetlands, depending on rain and vatertable-.
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: Dam of less than 1/4 to 1/5 acre
Drained: None
Flooded: 1 acre plus, depending on rain
Excavated: 3/4 arrp nr 1acc
Total Impacted: -*l acre
12. Description of proposed work (Attach PLANS-81/2" X 11" drawings only): Small farr-, no-d
See attached
13. Purpose of proposed work: Constant sourii of eater for wildlife, hone4:ul1y a dusk
14. State reasons why the applicant believes mat this ti ' must be carried out in wetlands. Also, to ures
taken to minimize wetland impacts. is die yY10?a. mot on the nrcxery; a s eff e1
15"' ou a equired to contact the U.S. Fish and Wildlife. Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listedorproposed for listing endangered or threatened speci s or critical
habitat in the permit area that may be affected by the proposed project. Have you don so? YES [ NO [
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE. FORWARDED TO CORPS., =a
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 j NO [."01
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, -Jude icall data sheets relevant to the placement of tie
delineation line.
D. a stormwater management plan is required or this pmject, attach copy.
?
E. What is land use of _ surrounding property.. Forestry
F. If applicable, what is proposed method of sewage disposal? NSA
Owner's Signature Date
,,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 15, 1993
Mr. Worth Timothy Haithcock
113 Fairmax Road
Goldsboro, N.C. 27530
Dear Mr. Haithcock:
J&W!;WA
?EHNF1
Subject: Proposed fill in Wetlands or Waters
Pond construction
Wayne County
DEM Project # 93915
Upon review of your request for 401 Water Quality Certification
to place fill material in 1.0 acres of wetlands or waters which are
tributary to Cabin Creek for pond construction located at SR 1950 & SR
1949 in Wayne County as described in your submittal dated 27 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.
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,
PIP ston?koward, Jr. P.E.
93915 . ltr Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington 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
RT.4
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
December 2, 1993
IN REPLY REFER TO
Regulatory Branch
m 8 1993
WETLAKID'
WATER L.!TV.
Action ID. 199400434 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. W. Timothy Haithcock
113 Farimax Road
Goldsboro, North Carolina 27530
Dear Mr. Haithcock:
Reference your application of October 25, 1993, for Department of the
Army authorization to construct a dam/access road across wetlands allowing
the construction of a duck pond, impacting one (1) acre of wetlands, located
above the headwaters of Cabin Creek, off SR 1950, near Goldsboro, Wayne
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 NWP provided it is accomplished in
strict accordance with the enclosed conditions. This NWP does not relieve
you of the responsibility to obtain any 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

-2-
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 tc
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].
Enclosure
Copies Furnished (without enclosure):
John Dorney
Water 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
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Mrs. Deborah Sawyer
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
1424 Carolina Avenue
Washington, North Carolina 27889
Mr. Harry Bailey
Division of Land Resources
Land Quality Section
North Carolina Department of
Environment, Health and
Natural Resources
1424 Carolina Avenue
Washington, North Carolina 27889
Ms. Patricia Gabriel
U.S. Soil Conservation Service
Wayne Center Room 104
208 W. Chestnut Street
Goldsboro, North Carolina 27530
Mr. Joe Allen, Ordinance Enforcement Officer
Wayne County Planning Department
115 South William Street
Box 227
Goldsboro, North Carolina 27533
IMPORTANT
To fij
Date Time®.
WHILE YOU yvERE T
M 771m t4af- a&-(,
of
Phone
AREA CODE NUMBER EXTENSION
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
Sig ed
N.C. Dept. of Environment, Health, and Natural Resources
ate') - - ,- -
-r'd (' sQ? C-
_J9 JXl d {

DEM ID:7 ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit ft 14 4 Z- eo
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
AM: CESAW=CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL
NC DEPARTMENT OF ENVIRO "?
AND NATURAL RESOURCES
P.O. Box 29535 OCR 12 7 199;1
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY n ... ._..!
Telephone [phone] WETLANDS GROUP
WeTFR (ll ii!1 ITY SHTION
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO M ENGINI'EkS.,
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: WORTH TLVM-Y HAITHCOCK
2. Owners Address: 111Fairmax Road, Goldsboro; N.C.
3. Owners Phone Number (Home): (919) 773-22c)9 . (Work): [phone]
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
N/A
5. Location of work (MUST ATTACH MAP). County: Wayne County
Nearest Town or City: Goldsboro
Specific Location (Include road numbers, landmarks, etc.): 7ndi an cnripgr, TQ .mshita between
Rural Paved Road 1950 and Rural Paved Road 1949
6. Name of Closest Stream/River: Neuse River
7. River Basin: Close to Neuse, but I believe it drains to Cape Fear.
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO [X]
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [y,]
Not to my knowledge.
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: Estiniate
1 to 3 acres of wetlands; depending on rain and watertable.
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: Darn of less than 1/4 to 1/5 acre
Drained: None
Flooded: 1 acre plus, depending on rain
Excavated: 1/4 ir•rp nr ? Acc
Total Impacted: 1 acre
12. Description of proposed work (Attach PLANS-8 1/2" X I V drawings only): 5 11
See attached
f -41
nond
13. Purpose of proposed work: Constant 'source of v,-ater for wildlife, hopefu: lv a "duck
•
14. State reasons why the applicant be? eves d &t this tiv' must be carne out in wetlands. Also, to me ures
taken to minimize wetland impacts. ?t is -the on?y IM spot on the r)ronerty; a ama e-a-m
15:-You ire iiquired 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 M
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 -SHP® SH9 - O CORPS
17. Additional information required by DEM: y
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.
for this Droiect. attach
E. What is land use of surrounding property? ""L--b'"Y
F. If applicable, what is proposed method of sewage disposal? WA
Owner's ignature Date
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