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19931002 Ver 1_COMPLETE FILE_19931122
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 January 4, 1994 Mr. John C. Barnes, V.P. Barnes Farming Corporation P.O. Box 310 Spring Hope, N.C. 27882 Dear Mr. Banes: Subject: Proposed fill Agricultural Nash County DEM Project # AT."5 ?EHNR in Wetlands or Waters land conversion 931002 M 1'71 r.7 C_ r, N ? ?D r._ Fri Upon review of your request for 401 Water Quality Certification to place fill material in 1.5 acres of wetlands or waters which are tributary to Little Swamp for agricultural land conversion located at N.C. 97 in Nash County as described in your submittal dated 30 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 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, 931002.1tr reston How , Jr. P.E. Attachment cc: Wilmington District orps of Engineers Corps of Engineers Raleigh Field Office Raleigh DEM Regional Office Mr. John Dorney Central Files P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 FAX 919-733-2496 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper MEMORANDUM R T -NMES: i ? lZ L- TO: John Dorney F L E R p Planning Branch A E: z zz 9 SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS ***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) *** PERMIT YR: 93 PERMIT NO: 0001002 COUNTY: NASH APPLICANT NAME: BARNES FARMING CORPORATION PROJECT-TYPE: PERMIT-TYPE: NWP26 COE_#: DOT-#: RCD_FROM CDA: APP DATE_FRM_CDA: 11/30/93 REG_OFFICE: RRO RIVER-AND _SUB_BASIN-4: -ut Rives STREAM-CLASS: OJS_-N Al-SW WL_IMPACT?:lam N WL_REQUESTED : 15 axAad WL_SCORE(#): Z8 HYDRO_CNECT?: Y0 MITIGATION-TYPE: NA D3 03 a.Z STR_INDEX_NO: 2(f_C3V. WL_TYPE: 1So?cc0O0 j G?P?1eSSSoyJ WL_ACR_EST? : Lv/N WATER IMPACTED BY FILL?: Y/(9 MITIGATION?: MITIGATION_SIZE:NA IS WETLAND RATING SHEET ATTACHED?: ON RECOMMENDATION (Circle One): SSU ISSUE/COND DENY COMMENTS : _ SO l a.741 L.t? ` d ltx ' it cc: Regional Office Central Files ?i ?( /L1L? r/AAD/Ytt /ir? Nearest road Wetland type (select one) o Other 15DlecQ c??? o Swamp forest o Shoreline " o Bottomland hardwood forest 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 sum Water storage Z Bank/Shoreline stabilization O x 4.00 - © • Pollutant removal ' Sensitive watershed - : ; x 1.50 . N Dispersal corridor O n Special ecological attributes . Wildlife habitat 2 x 1.50 = - • Aquatic life value 0- • ? Recreatior?Education • _ x 0.25 = ' Economic value Wetland area acres Wetland width feet o Hydrologically connected o Hydrologically Isolated g3100? • DEIvi ID: SPRING HOPE, NC 27882 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 WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. Box 1890 Wilmington, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT---_ - - NC DEPARTMENT OF ENVIRONMENT, HEALTH) AND NATURAL RESOURCES -w-- u P.O. Boy. 29535 Raleigh, NC 27626-0535 L.- ?`? ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 WFTLANDS GtcQ?r',, .. ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF EIWIR PLEASE PRINT. 1. Owners Name: RARNFS FARMING CORPORATION war••.,ua?u. GEMI ENT. 2. Owners Address: P.O. BOX 310, SPRING HOPE, NC 27882 3. Owners Phone Number (Home): (919) 459-3101 (Work): (919) 459-3101 4. If Applicable: Agent's name or responsible corporate official, address, phone number. JOHN C BARNES. VICE PRESIDENT P.O. BOX 31 5. Location of work (MUST ATTACH MAP). County: Nearest Town or City: BAILEY Specific Location (Include road numbers, landmarks, etc.): 1 MT I F EU nF STRI C11 ANn, S rRngCRQAnC OFF NC 97 1200 FEET SOUTH OF NC 97 6. Name of Closest Stream/River. 7. River Basin: TAR 8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS H? YES [ ] NO JX] 9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [X] If yes, explain. 10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: 1.5 11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project: Filled: Drained: 1.5 Flooded: Excavated: Total Impacted: ACTION ID: NASH 12. Description of proposed work (Attach PLAINS-8 1/2" X 11" drawings only): CLEAR BRUSH AND TREES FROM SITE AND DRAIN 13. Purpose of proposed work; CONVERT TO CROPLAND 14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures taken to minimize wetland impacts. THE 1 F APELRF I O ATM T N THE MM U F (IF A FT FI 1) 15. You 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 [ ] 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 maybe affected by the proposed project? Have you done so? YES[X] 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 this project, attach copy. N/A E. What is land use of surrounding property? AGRI CULTURAL CROPLAND F. If applicable, what is proposed method of sewage disposal? N/A s signature Date 59 1945. I/q MILE Z-61C-141i/oiv OG 1<<)elCc Q S'lT? ?,, pceES fop PAPm fog SToR ? wNi7;5 kou5E P? Si-AI rCAND ego$$ 40 A 7)S ...-? I r" LE I ESC,eIPiloN OF opas w6Ek' EXisnNG 1417V S'?rE Fp,e ?Q14?NA?E ixr.sri?G (6a?ASSI?? fop ), 5 pcieES SCS-CPA-026 ovation Service (June 91) u? ?Cns?Gl1-?'A HLY ERODIBL`E LAND AND WETLAND CONSERVATION DETERMINATION Name of USDA Agency or Person Requesting Determination SE 1. Name and Address of Person 2. Date of Request eak'ne5 Ili,-jt.t;, J 1?y . /;z -i6 - ?Il rd 6, u 310 3. County {4c•Irc /\1- /Uus k7 5. Farm No. and Tract No. 9s Cs FSN % vocf z 396 FIELD NO.(s) TOTAL ACRES 3. Is soil survey now available for making a highly erodible land determination? Yes No ? 7. Are there highly erodible soil map units on this farm? Yes ? No ® S e 4 .774 h ' ! 3. List highly erodible fields that, according to ASCS records, were used to produce an agricultural commodity in any crop year during 1981.1985. 9. List highly erodible fields that have been or will be converted for the production of agricultural commodities and, according to ASCS records, were not used for this purpose in any crop year during 1981.1985; and were not enrolled in a USDA set-aside or diversion program. _ to Thin Hinhiv Frndihte I and determination was completed in the: Office ? Field 0Cf`T1nU It _ WCTI AWn n FIELD NO.(s) TOTAL ACRES f f4 li? ? ' 1 1 s ? LNR j t C 11 Are there hyddc soils on this farm? Yes ? No ? 12. Wetlands (W), including abandoned wetlands, or Farmed Wetlands (FW) or Farmed Wetlands Pasture (FWP). b n 1 - e Wetlands may be farmed under natural conditions. Farmed Wetlands and Farmed Wetlands Pasture may I ea farmed and maintained in the same manneJ as they were prior to December 23, 1985, as long as they are not 7 n 4-, (Jr1Cle4-,17f abandoned. {1- ?(/ ><IGlu" /9-i cz(; aka St7cWit G'S tl/ G /T 13. Prior Converted Cropland (PC). Wetlands that were converted prior to December 23, 1985. The use, management, drainage, and alteration of prior converted croptend (PC) are not subject to the wetland conservation provisions unless the area reverts to wetland as a result of abandonment. 14. Artificial Wetlands (AW). Artificial wetlands includes irrigation-induced wetlands. These wetlands are not subject to the wetland conservation provisions. 15. Minimal Effect Wetlands (MW). These wetlands are to be farmed according to the minimal-effect agreement signed at the time the minimal-effect determination was made. 16. Mitigation Wetlands (MIW). Wetlands on which a person is actively mitigating a frequently cropped area or a wetland converted between December 23, 1985 and November 28, 1990. 17. Restoration with Violation (RVW-year). A restored wetland that was in violation as a result of conversion after November 28, 1990, or the planting of an agricultural commodity or forage crop. 18. Restoration without Violation (RSW). A restored wetland converted between December 23, 1985 and November 28, 1990, on which an agricultural commodity has not been planted. 19. Replacement Wetlands (RPW). Wetlands which are converted for purposes other than to increase production, where the wetland values are being replaced at a second site. 20. Good Faith Wetlands (GFW+year). Wetlands on which ASCS has determined a violation to be in good faith and the wetland has been restored. 21. Converted Wetlands (CW). Wetlands converted after December 23. 1985 and prior to November 28. 1990. In any year that an agricultural commodity is planted on these Converted Wetlands, you will be ineligible for USDA benefits. 22. Converted Weiland (CW+year). Wetlands converted after November 28, 1990. You will be ineligible for USDA program benefits until this wetland is restored. _ 23. Converted Wetland Non-Agricultural use (CWNA). Wetlands that are converled for trees, fish production, shrubs, cranberries, vineyards or building and road construction. 24. Converted Welland Technical Error (CWTE). Wetlands that were converted as a result of Incorrect determination by SCS. 25. The planned alteration measures on wetlands in fields are considered maintenance and are in compliance with FSA. 26. The planned alteration measures on wetlands in fields _ are not considered to be maintenance and it installed will cause the area to become a Converted Wetland (CW). See item 22 for information on CW+year. 27 The wetland determination was completed in the office ? field nd was delivered? mailed[] to the person on__ 28. Remarks. 1 +n r?s C? ?4 vet r h a 7, Crrr L(??? l r?C S 0`Yl ?y ?a t1 NFQ (i G1t 7 ?. ?? Ccl / /kS?S ?of??1???• r? e'?rn>° CleaV'#J/ rctr ??,r?( ? 7./I. r^9 - ?- f•,?f C. ?- t ?F-a < f /1 s C t ? F z? ? l r t?' A • 1 f" 7n ? X r ., r-ec( t7-.)" atl(v ew r a rq t- i ^! Q S ) LQ2lo ? 29. (rnri() Nurt !hr above drrrrminu on is rorrrrf nnl adequate jor use in determining 30. S} alure of SCS District Conservationist I31. Dale eligihilih. far USDA pro,crnnl hrm-frls. and that n rtland Indrolo,Qy, h,v6ic.toil.t, and h,vlroph%fic 1'rgrmrion under normal cirrumstam rs rust on all arras nrrtlinrrd ns ??`?? t1 rllonds. Farmed t1'cdands and farmed tt'rdands Pasture. 7 Assistance end prograrns of the Soil Conservation Service available without regard to race, religion, color, sez, age, or handicap. SC'-s Gyy ,? r - s F ?t i # 7 rZ ,Ya + r i•'YL 1 es, vl? UN : •G"a { t :'n ? -t„"?y;•,?Cj Y`'?'t..r' Tt f 'a_ 1.?4?s- S 'c+- .?S'??s??•'se'? ,_?yy k*?''t?tf 4 _ t ,.. S LLB .1? yry w. ;fir, . 5` V`14 - 4-0 K ? ? f Fit t!yz.• 14 1i, c1`rII ?,,:J?j?.-i?: L' -J"'`.f'` ia- 2F' :1 • [[ }, ? a'i Clt In" qi, 1 '1 . ^ f l ?1 .?i' 6 Y {t } f j{ ? -. I{ .yip{ 3.:: TIN cam-i? I t _ {s ) ??? ' I ?? .•yt f? ?'i ?????"' - r `?Ir-?`;SLY n}.\ ?• ? 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