19940643 Ver 1_COMPLETE FILE_19940815

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., RE., Director
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August 17, 1994
Bertie County
DEM Project # 94643
APPROVAL of 401 Water Quality Certif!- it'ion and ADDITIONAL CONDITIONS
Bryant Brothers Farms
608 East Church St.
Roxobel, N.C. 27872
Dear Sirs:
FILE COPYw
You have our approval to place fill mate:: '.al in 2.5 acres of wetlands or waters for the
purpose of construction of an irrigation pond it your farm near Roxobel, as you described
in your application dated 13 July 1994. After reviewing your application, we have decided
that this fill is covered by General Water Quality Certification Number 2671. This
certification allows you to use Nationwide Peimit Number 26 when it is issued by the
Corps of Engineers.
This approval is only valid for the purpose and design that you described in your
application. If you change your project, you must notify us and you may be required to
send us a new application. For this approval 3 be valid, you must follow the conditions
listed in the attached certification. An additia;.al condition is that a water control
structure shall be designed and operated to maintain the existing low flow in the stream
below the dam. In addition, you should get a,.;.y other federal, state or local permits before
you go ahead with your project.
If you do not accept any of the condition: of this certification, you may ask for an
adjudicatory hearing. You must act within 3C` days of the date that you receive this letter.
To ask for a hearing, send a written petition --,?rhich conforms to Chapter 150B of the
North Carolina General Statutes to the Officc: of Administrative Hearings, P.O. Box
27447, Raleigh, N.C. 27611-7447. This certifir <1ion and its conditions are final and
binding unless you ask for a hearing.
This letter completes the review of the D_-.,,ision of Environmental Management under
Section 401 of the Clean Water Act. If you ha- e any questions, please telephone John
Dorney at 919-733-1786.
?.ncerely,
?I
reston . oward, Jr. P.E.
rector
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field O`': `ice
Washington DEM Regional Office
Mr. John Dorney
Central Files
Tim Phelps; Phelps and White Constn2. ';ion Company
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX 919-731,14-. ltr
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
0 North Carolina Wildlife Resources Commission 0
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
MEMORANDUM Charles R. Fullwood, Executive Director
TO: John Dorney,
Water Quality Planning
Division of Environmental Management
FROM: Richard B. Hamilton, ACJtdAd13'6aWd1bV'
Assistant Director DATE: August 18, 1994
SUBJECT: Review of application for Nationwide Permit 26 and Section 401 certification,
Bryant Brothers Farm, Roxobel, Bertie County, DEM ID 94643.
Biologists on the Wildlife Resources Commission staff have reviewed this permit
application and are familiar with habitat values of the project area. In order to further assess
project impacts on fish and wildlife resources, an onsite inspection was conducted on August 9,
1994. Our comments are provided in accordance with provisions of the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.), and Section 401.b of the
Clean Water Act of 1977(as amended), and North Carolina General Statutes (G.S. 113-131 et
seq.).
The applicant proposes to 6110.25 acres of wetlands to create a dam which will impound
water on 2.3 acres of wetlands and 5.9 acres of high ground. The purpose of the project is to
provide the applicant with a crop irrigation water source.
All vegetation on the project site has been recently removed. Remaining woody debris
has been bulldozed and is currently being burned. The proposed impoundment site now
consists of bare disturbed soil. Judging from nearby wetlands, this area probably supported a
bottomland hardwood forest (tupeloiblack gum). Similar undisturbed wetlands in this area
provide functions which benefit the public as well as fish and wildlife. Wetlands retain and
purify stormwater runoff and provide valuable habitat for numerous species of fish and wildlife.
Wetlands such as these play a major role in the overall biological productivity of adjacent
waters.
The project as proposed would convert 2.5 acres of wetlands into a pond and would
reduce or eliminate wildlife habitat values and physical wetland functions. In addition, this
project would add to the cumulative losses of freshwater wetlands in this region due to
piecemeal permitting of numerous other small scale projects. During the onsite inspection, our
investigating field biologist learned from the applicant that this farm consists of approximately
700 acres and that 2 other irrigation ponds exist on this farm, both being constructed on high
ground. Therefore, it is apparent that non-wetland alternatives exist which would eliminate the
need for filling and inundating these wetlands.

Bryant Brothers Farm 2 August 18, 1994
As proposed, this project is inconsistent with our Policies and Guidelines for
Conservation of Wetlands and Aquatic Habitats officially adopted by the North Carolina
Wildlife Resources Commission. It is the policy of this agency to oppose projects which
"displace, damage, or modify wetland values and functions" and we recommend denial of the
Section 401 certification for this project.
We appreciate the opportunity for providing our input into this permit review. If further
information is needed, please contact Pete Kornegay at [phone].
PK/fm
cc: The Honorable Russell M. Hull, Jr.
Pete Kornegay, District 1 Fisheries Biologist
David Rowe, District I Wildlife Biologist
N-1
DEM ID: / I ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit ft a ?? P
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]
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.
PT.RASF. PR TNT
1. Owners Name:
2. Owners Addres:
3. Owners Phone Number (Home):
(Work): 1J/?,?' - v-, S ?a)
5. Location of work (MUST ATTACH MAP). County:
Nearest Town or City:
%A.?
Specific Location (Include road numbers, landmarks, etc.):
6. Name of Closest Stream/River: c S
7. River Basin: (h i? ?A10y err ?f 'S
'- 8. Is this project located in a watershed classified 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 W
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: 0.2 Ac., (DAM
Drained: ISIL
Flooded: 2.3 AL- (FLAkC,,tr> wo'CL.o 30 A¢FA?
Excavated: )a
Total Impacted:
WATER QUALITY PLANNING .._.. r _........ .
DIVISION OF ENVIRONMENTAL M ]] ??ll
NC DEPARTMENT OF ENVIRONME
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]

?P.
4. If Annlicable: A¢ent's name or responsible corporate official, address, phone number:
to
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
13. Purpose of proposed
14. State reasons why the applicant belieyp that this activity must be carried ut in wetlands. Also, note measures
taken to minimize wetland impacts. -,4^ ?n do ??
15. fu are required 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 (y' NO[
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 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.
D. If a stormwater management plan is required for thhiroject, attach
E. What is land use of surrounding property?
F. If applicable, what is proposed method of sewage disposal?
Owner's Signature Date

w
12. Description of proposed work (Attach PLANS-8 1/2" X I V drawings only):
13. Purpose of proposed
14. State reasons why the applicant believes that this activity must be carried ut in wetlands. Also, note measures
taken to minimize wetland impacts. -/-?. ??a ? ire ? ?n dD art ? .
,7 Ao-v-
15. fou are required 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 V.} NO[
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 J/f 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.
D. If a stormwater management plan is required for thhroject, attach
E. What is land use of surrounding property?
R If applicable, what is proposed method of sewage disposal?
Owner's Signature Date

1
Phelps & White Construction Co., Inc.
P. O. Box 64
Ql WINDSOR, N. C. 27983
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State of North Carolina
Department of Environment,
Health an(-' Mriti irnl Resources
Division of Cc 8/Z
James B. Hui
Jonathan B,
Roger N, Sd
S l?
Bryant Broth ?3 l/ Z
608 East Chu /
Roxobel, Nor
g?iz
Dear Mr. Bryant:
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ACTION ID 199403098
Nationwide Permit for an
Activity Located in Bertie
County, North Carolina
The North Carolina Division of Coastal Management has reviewed the above
referenced application for a Nationwide Permit dated 14 July 1994 pursuant to
Section 307 of the Coastal Zone Management Act of 1972 as amended. Based upon
our review, we have determined that the proposed activity is consistent with the
North Carolina Coastal Management Program provided the following conditions are
met.
1. The activity described in the above application qualifies to receive
one of the Nationwide Permits described in 33 CRF Part 330 with the
exception of Numbers 17, 21, 24 and 34 which were found inconsistent
with the North Carolina Coastal Management Program.
2. A 401 Water Quality Certification is received, where required, from
the North Carolina Division of Environmental Management.
This letter does not relieve you of the responsibility to ensure that all
other State authorization and/or permit requirements are met prior to
implementation of the project. Please feel free to contact me at [phone]
if you have any questions or need further assistance.
Sincerely,
C
Terry E. Moore
District Manager
Division of Coastal Management
Washington Regional Office
TEM/pp
cc: Steve Benton - Federal Consistency Coordinator, DCM, Raleigh
,oohn Dorney - Water Quality Section, DEM, Raleigh
David Lekson - U.S. Army Corps of Engineers, Washington
Tim Phelps
Wilmington District Engineer
ATTN: CESAW-CO-E
1424 Carolina Avenue, Washington, North Carolina 27889 Telephone [phone] FAX [phone]
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