19940465 Ver 1_COMPLETE FILE_19940720

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N.C. Dept. of Environment, Health, and Natural Resources
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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
September 27, 1994
Mr. Wade Allen
Route 1, Box 23
Pantego, N.C. 27860
Dear Mr. Allen:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed hog lagoon construction
Project # 94465, COE # 199402967
Beaufort County
FILE COPY

Attached hereto is a copy of Certification No. 2925 issued to Mr. Wade Allen dated 27
September 1994.
If we can be of further assistance, do not hesitate to contact us.
Attachments
wgc2925
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rd, P.E.
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Mr. Steve Benton, Division of Coastal Management
Central Files
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P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 1096 post-consumer paper
NORTH CAROLINA
Beaufort County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500 to Mr. Wade Allen resulting
in 0.5 acres of wetland impact in Beaufort County pursuant to an application filed on the 14th day of
July of 1994 to construct a hot lagoon.
The Application provides adequate assurance that the discharge of fill` material into the waters
of Joe Branch in conjunction with the proposed development in Beaufort County will not result in a
violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of
North Carolina certifies that this activity will not violate Sections 301,302,303,306,307 of PL 92-500
and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth.
Condition(s) of Certification:
That the activity be conducted in such a manner as to prevent significant
increase in turbidity outside the area of construction or construction
related discharge (increases such that the turbidity in the stream is 25 NfU's
or less are not considered significant).
Violations of any condition herein set forth shall result in revocation of this Certification. This
Certification shall become null and void unless the above conditions are made conditions of the
Federal 404 and/or Coastal Area Management Act Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written itquest 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.
This the 27th day of September, 1994.
DIVISION OF ENVIRONMENTAL MANAGEMENT
ton Howard, Jr.
U
WQC# 2925

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199402967 July 14, 1994
PUBLIC NOTICE
Mr. WADE ALLEN, Route 1, Box 23, Pantego, North Carolina 27860, has applied
for a Department of the Army (DA) permit TO EXCAVATE APPROXIMATELY 9,000 CUBIC
YARDS OF DREDGED MATERIAL FROM WETLANDS LOCATED ABOVE THE HEADWATERS OF JOE
BRANCH TO CONSTRUCT A 600-FOOT LONG BY 400-FOOT WIDE BY 6-FOOT DEEP WASTE
LAGOON TO EXPAND HIS EXISTING HOG FARMING OPERATION, LOCATED ON THE EAST SIDE
OF SR 1136, BETWEEN SR 1138 AND SR 1127, AND APPROXIMATELY 4 MILES SOUTH OF
CHOCOWINITY, BEAUFORT COUNTY, NORTH CAROLINA.
The proposed project was reviewed under Nationwide Permit 26 in May 1993,
and found to be inconsistent with the Coastal Zone regulations for approval
under Nationwide Permits.
The following description of the work is taken from data provided by the
applicant, and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show approximately 9,000 cubic yards of dredged material will be
excavated from 0.5 acre of wetlands, located above the headwaters of Joe
Branch, to construct a 600-foot long by 400-foot wide by 6-foot deep, hog
lagoon. All excavated material will be disposed of on high ground. The
purpose of the work is to expand the existing hog operation, bringing it into
compliance with 1994 State regulations. The area is vegetated with willows,
switchcane, and greenbriar. Plans showing the work are included with this
public notice.
The applicant has determined that the proposed work is consistent with
the North Carolina Coastal Zone Management Plan and has submitted this
determination to the North Carolina Division of Coastal Management (NCDCM) for
their review and concurrence. This proposal shall be reviewed for the
applicability of other actions by North Carolina agencies such as:
a. The issuance of a Water Quality Certification under Section 401 of
the Clean Water Act by the North Carolina Division of Environmental Management
(NCDEM).
b. The issuance of a permit to dredge and/or fill under North Carolina
General Statute 113-229 by the North Carolina Division of Coastal Management
(NCDCM).
C. The issuance of a permit under the North Carolina Coastal Area
Management Act (LAMA) by the North Carolina Division of Coastal Management
(NCDCM) or their delegates.

-2-
d. The issuance of an easement to fill or otherwise occupy State-owned
submerged land under North Carolina General Statute 143-341(4), 146-6, 146-11,
and 146-12 by the North Carolina Department of Administration (NCDA) and the
North Carolina Council of State.
e. The approval of an Erosion and Sedimentation Control Plan by the Land
Quality Section, North Carolina Division of Land Resources (NCDLR), pursuant
to the State Sedimentation Pollution Control Act of 1973 (NC G.S. 113 A-50-
66).
The requested Department of the Army (DA) permit will be denied if any
required State or local authorization and/or certification is denied. No DA
permit will be issued until a State coordinated viewpoint is received and
reviewed by this agency. Recipients of this notice are encouraged to furnish
comments on factors of concern represented by the above agencies directly to
the respective agency, with a copy furnished to the Corps of Engineers.
This application is being considered pursuant to Section 404 of the Clean
Water Act (33 U.S.C. 1344). Any person may request, in writing within the
comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that
the proposed activity will affect species, or their critical habitat,
designated as endangered or threatened pursuant to the Endangered Species Act
of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof.
-3-
Among those are conservation, economics, aesthetics, general environmental
concerns, wetlands, cultural values, fish and wildlife values, flood hazards
and flood plain values (in accordance with Executive Order 11988), land use,
navigation, shore erosion and accretion, recreation, water supply and
conservation, water quality, energy needs, safety, food and fiber production,
mineral needs, considerations of property ownership, and, in general, the
needs and welfare of the people. For activities involving the placement of
dredged or fill materials in waters of the United States, a permit will be
denied if the discharge that would be authorized by such permit would not
comply with the Environmental Protection Agencies' 404(b)(1) guidelines.
Subject to the preceding sentence and any other applicable guidelines or
criteria, a permit will be granted unless the District Engineer determines
that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State and local agencies and officials; Indian Tribes and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects and the other public interest factors listed above. Comments are used
in the preparation of an Environmental Assessment (EA) and/or an Environmental
Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and
to determine the overall public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA)
permit will not be made until the North Carolina Division of Environmental
Management (NCDEM) issues, denies, or waives State certification required by
Section 401 of the Clean Water Act. The NCDEM considers whether or not the
proposed activity will comply with Sections 301, 302, 306, and 307 of the
Clean Water Act. The application and this public notice for the Department of
the Army (DA) permit serves as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management (NCDEM), Salisbury Street,
Archdale Building, Raleigh, North Carolina. Copies of such materials will be
furnished to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management (NCDEM) plans to
take final action in the issuance of the Clean Water Act certification on or
after August 12, 1994.
-4-
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management (NCDEM), Post Office Box 27687,
Raleigh, North Carolina 27611-7687, on or before August 5, 1994, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Norm Sanders, until 4:15 p.m.,
August 12, 1994, or telephone [phone].
RCV BY : I
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO July 14 , 1994
Regulatory Branch
Action ID No. 199402967
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
?E?; ?, ?'!? 18 1994
Enclosed is the application of Mr. Wade Allen for Department of the Army
authorization and a State Water Quality Certification to excavate 9,000 cubic
yards of dredged material from 0.5 acre of wetlands located above the headwaters
of Joe Branch, to construct a 600-foot-long by 400-foot-wide by 6-foot-deep
lagoon, to expand his existing hog farming operation. The proposed project is
located on the east side of SR 1136, between SR 1138 and SR 1127, and
approximately 4 miles south of Chocowinity, Beaufort County, North Carolina.
Your receipt of this letter verifies your acceptance of a valid request for
certification in accordance with Section 325.2(b)(ii) of our administrative
regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification is required under the provisions of Section 401 of the same law. A
Department of the Army permit will not be granted until the certification has
been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days
after receipt of a request for certification is a reasonable time for State
action. Therefore, if you have not acted on the request, or asked for an
extension of time, by September 14, 1994, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Mr. Norm Sanders, Washington
Regulatory Field Office, Regulatory Branch, telephone [phone].
Sincerely,
e Wrig t
Chie Regula y Branch
Enclosure
Copy Furnished (without enclosure):
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
W.
APPLICATION
FOR
?' ' PERMIT TO EXCAVATE AND/OR FILL WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED BY WATER CAMA PERMIT FOR MAJOR DEVELOPMENT
Department of Administration State of North Carolina Department of the Army
(GS 146.121 Department of Natural Resources and Community Development Corps of Engineers, Wllmington Oistric
(GS 113.229, 143.215.3(a)(1), 143-215.3(c), 113A-118 (33 CFR 209.324-329)
:.1 .1 Z. L-
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in bank.
1. Applicant Information
Allen
A. Name Wade
ast
2
1 First Middle

Route
Box
3
B. Address
Street, P. O. Box or Route
Pantego NC 27860 919-935-5178
City or Town State Zip Code Phone
II. Location of Proposed Project:
A. County Beaufort
B. 1. City, town, community or landmark ChOCOwinity
2. Is proposed work within city limits? Yes No X
C.- Creek, river, sound or bay upon which project is l ocated or nearest named body of water to project
Joe Branch at Chocowinity Creek
III. Description of Project
A. 1 Maintenance of existing prniect NO 2. New work Yes
B. Purpose of excavation or till
I. ALCOs channel Iength width depth
2. lioal basin length width depth
3. Fill arcr length width depth
4. Other Lagoon length 600' width 400 depth 6'
C. I. Bulkhead length N/A Average distance waterward of MHW (shoreline)
. 2. Type of bulkhead construt.uon (material) N/A
U. Excavated material (total for protect)
1. Cubic yards 91000 2. Type of material sandy loam
E. h ill material to be placed below MHW (sec also V I . A)
I. Cubic yards None 2. Type of material
IV. Land Type, Disposal Area, and Construction Equipment:
A. Dues the area tube excavated include any marshland, swamps or other wetland? Yes X No
S. Dues the disposal area include any marshland, swamps or other wetland? Yes X No
C. Disposal Area
t. Location Predominately upland areas.
2. Do you claim title to disposal area? Yes
U. Fill material source if till is to be trucked in
E. How will excavated material be entrapped and erosion controlled? - BY leaving buffer area/berm around
edge.
I I vpc oll equipment to be used Bulldozer/pan
G. Will marshland be crossed in transporting equipment to project site? If yes, explain
No
04 F•B 1
?ev t7/'A
I*-
V. Intended Use of Project Area (Describe)
Ab,,1. Private -- Animal waste lagoon/land application area
r ' 2. Commercial
3. Housing Development or Industrial
4. Other
8. I. Lot size(s) 5.5 acres (only 0.5 acres are wetlands)
2. Elevation of lot(s) above mean high water 35 feet
3. Soil type and texture Lynchburg fine sandy loam
4. Type of building facilities or structures Waste treatment lagoon
S. Sewage disposal and/or waste water treatment A. Existing X Planned
e. Describe Area is needed to bring lagoon up to current SCS standards.
6. 'Land Class r=tion'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL
CONSERVATION OTHER (See CAMA Local Land Use elan Synopsi
V1. Pertaining to Fill and Water Quality:
A. Does the proposed project involve the placement of fill materials below mean high water? Yes No X
8. 1. Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the
area following project completion? Yes-No X
2. Type of discharge None
3. Location of discharge None
VII. Present rate of shoreline erosion (if known): N/A
'VIII. List permit numbers and issue dates of previous Departmeni; of Army Corps of Engineers or State permits for
work in project area, if applicable:
IX. Length of time required to complete project: - - 1. year
X. In addition to the completed application form, the following items must be provided:
A. Attach a copy of the deed (with State application only) or other instrument under which applicant
claims title to the affected property. OR if applicant is not claiming to be the owner of said property,
then forward a copy of the deed or•other instrument under which the owner claims title plus written
permission from the owner to carry out the project on his land.
8. Attach an accurate work plat drawn to scale on 8%t X 11" white paper (see instruction booklet for
details). Note: Original drawings preferred - only high quality copies accepted.
C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or
certified mail or by publication (G.S. 113.229 (d))Enter date served
D. List names and complete addresses of the riparian landowners with property adjoining applicant's.
Such owners have 30 days in which to submit comments to agencies listed below.
We erhaeuser Co. R ion Office, N.C. Timberlands Building, NEw Bern, NC 28560
Mrs. N. an KS ears c/o Bernice y x ocowini y,
Travis Hudson, Rt. Box 834, ocowinity, N
XI. Certification requirttrttettt: I certify that to the best of my knowledge, the proposed activity, -)mplies
with the State of North Carolinas approved coastal management program and will be conducted in a
manner consi.•--it with such program.
X11. Any permit issued pursuant to this application will allow only the development described in this appli-
cation and plat, Applicants should therefore describe in the application and plat all anticipated devel-
opment activities, including construction, excavation, filling, and land clearing.
DATE 9_ GC/
Applicant's Signature
Rev. 1
2
Rev.
0178 SEE REVERSE SIDE FOR MAILING INSTRUCTIONS