19950443 Ver 1_Complete File_19950118

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
APPROVAL of 401 Water Quality Certification
Mr. Sigsby Enzor
Route 1, Box 194
Whiteville, N.C. 28472
Dear Mr. Enzor:
h IT I C-
? L L LL, ? L
You have our approval to place fill material in 0.2 acres of wetlands or waters for the purpose of
constructing a farm pond at SR 1546, as you described in your application dated 27 April 1995. 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 Permit 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 to be valid, you must follow the conditions listed in the attached certification. In
addition, you should get any other federal, state or local permits before you go ahead with your
project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 30 days of the date that you receive this letter. To ask for a hearing,
send a writien petition which conforms to Chapter 150B of the North Carolina General Statutes to the
Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Environmental Management under Section 401
of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
r ton ITow , Jr. P. .
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Domey
Central Files
95443.1tr
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May 1, 1995
Columbus County
DEM Project # 95443
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
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DE.1 ID: / ACTION ID: ek q
Nationwide Permit Requested (Provide Nationwide Permit ft
JOINT FORM FOR 2101 ISSUED '^`SC•? Fs
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 ENVIRONME
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIR )Tl?`
P.O. Box 1890 AND NATURAL RESOURCES-
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535
A '2 7
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT tQ,' i!' CORPS OF ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: ? ko I Z-0 r
?I y
2. Owners Address: Z+ • 1.. ? r k I
3. Owners Phone Number (Home): 64?z- - 3 q 0 4 (Work): (,L47- - 4 5 3 Q
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: 0_4PQk t- rn h U 5
Nearest Town or City:
Specific Location (Include road numbers, landmarks, etc.): Sou }-1A n?
Nof-th 0-? Lo h'k-? 11 e- N _
9. Have any Section 404 permits been previously requested for use on this property? YES-J) ] NO [ ]
If yes, explain. ec-, n ache n r (;:n Zo r Vl ct 5 dEG di&A f c r f pow - o i r r
...
yr 0
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: i 2
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
2
Drained:
Flooded:
Excavated:
Total Impacted: Ad
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS 11? YES [ ] NO 4
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
1
Irk', r,4-o .%r, F-r. rnn P0C k
13. Purpose of proposed work: f f` Q C, ?- ! ?J -
14. State reasons why the applicant believes at t 's active must be carried out in wetlands. Also, note measures
n t' j ?1 r?l
taken to minimize wetland impacts. k %
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine,Fiisheries 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 N NO
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS. 41-t- ??
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 this project, attach copy. `
E. What is land use of surrounding property?
F. If applicable, what is proposed method of sewage disposal? ? t / A-
Owner' ign a Date
o? y ,.
PLAN TO CONVERT WETLANDS FOR NON-AGRICULTURAL USES
NAME:
ADDRESS j?f R / 9
c??, Ems., ,ll? N ? ? 8y 72
FARM NUMBER (o ??U -TRACT NUMBER 9-9
PRESENT LAND USE?? PLANNED LAND USR t?a cc?i?
DESCRIBE THE CONDITION 9F THE AREA THAT YOU PLAN TO CONVERT
ACREAGE/DIMENSION INVOLVED • QA C
NON-AGRICULTURAL PURPOSE (for example: aquaculture, houses, road, etc.)_ _ o es,- z, GA c vA/.__
ANTICIPATED DATE ALTERATIONS WILL BE COMPLETE dt PLAN IMPLEMENTED ?ZM
PLANNED COVER FOR THE AREA NOIt cz b LA cc/ ??
OTHER COMMENTS (add anything you feel will be important to the approval of this plan)
PRODUCER'S SIGNATURE DATF{ g - ?' ' ??
FOR AGENCY USE ONLY
PLAN APPROVED: AS SUBMITTED WITH CONDITIONS -
PLAN NOT APPROVED
CONDITIONS FOR APPROVAL
SIGNATURE DISTRICT CONSERVATIONIST 1jM? =" ?x
DATE
TERMS OF APPROVAL
1. THIS EXEMPTION IS VALID FOR A PERIOD OF THREE (3) YEARS FOLLOWING DATE OF
APPROVAL BY DISTRICT CONSERVATIONIST. IF PLANNED ACTIVITY IS NOT COMPLETED BY
THIS DATE, THIS EXEMPTION IS VOID. PRODUCER MAY RE-APPLY FOR A NEW CWNA.
2. FAILURE TO FOLLOW THE APPROVED PLAN WILL CAUSE THE AREA TO BECOME
CONVERTED WETLAND AND A VIOLATION OF THE WETLAND PROVISIONS OF THE 1990 FARM
BILL.
3. 1111S EXEMPTION IS FOR FOOD SECURITY ACT PURPOSES ONLY. OTHER STATE AND/OR
FEDERAL PERMITS MAY BE REQUIRED. THE CORPS OF ENGINEERS SHOULD BE CONTACTED
PRIOR TO BEGINNING PLANNED ACTIVITIES. J??$H ?,1NILDLIFE Sp
MEEI"8 CM
RE01AREMENTS
SEP 1 1994
k"'7 7Vw)& ?
ON-1'
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Ecological Services
Post Office Box 33726
Raleigh, North Carolina 2763fr3726
August 19. 1994
Ms. Donna Gibson
District Conservationist
USDA Soil Conservation Service
112 West Main Street
Whiteville. NC 28472
Dear Ms. Gibson:
¦
TAKES
AMERICA
ti ¦
Thank you for your letter of August 12. 1994 requesting U.S. Fish and
Wildlife Service comments concerning a request for a conversion of wetlands
for non-agricultural purposes (CWNA) exemption by the following applicant:
Applicant County Activity/Purpose Acreage
Sigsby Enzor Columbus house/yard/pasture 0.2
We have reviewed the plans as submitted and agree that the proposed house
and yard meet the criteria for a CWNA exemption. A CWNA may include grassy
areas associated with a building; however. the plan identifies pasture as a
potential use of this site if the house is not built. Pasture would not be
eligible for a CWNA exemption. This should be corrected if a CWNA exemption
is granted for the house. and subsequent inspections should be made to
verify the site was indeed used for the identified non-agricultural use.
The applicant should be advised that this exemption is for Farm Bill
"Swampbuster" provisions only and that Section 404 or other Federal and
State wetland-related permits may be required.
We appreciate the opportunity to review these proposed wetland conversions.
Sincerely.
A,48rbt?
Tom Augspurger
Acting Supervisor
U.S.D.A. SCS-CPA-026 1. Name and Address of Person 2. Date of Request
Soil Conservation Service (June 91) ?-c1q
/?t<.1 ,Bayc?? 3. County
HIGHLY ERODIBLE LAND AND WETLAND
. CONSERVATION DETERMINATION N- C • ?olrtl??6
4. Name of USDA Agency or Person Requesting Determination 5. Farm No. and Tract No.
AScS A- G6A0 -= Q-? 503
ecrnnu i - utr_ut v ronnipi r 1 ANn
FIELD NO.(s) TOTAL ACRES
6. Is soil survey now available for making a highly erodible land determination? Yes ® No ? rte ' `fix "' "+
7. Are there highly erodible soil ma units on this farm? Yes ? No ? ? "??
8. 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.
10. This Highly Erodible Land determination was completed in the: Office Field ?
C1zrT1nN 11 - WFTI ANn
FIELD NO.(s) TOTAL ACRES
11. Are there hydric soils on this farm? Yes ® No ?
12. Wetlands (W), including abandoned wetlands, or Farmed Wetlands (FW) or Farmed Wetlands Pasture (FWP).
Wetlands may be farmed under natural conditions. Farmed Wetlands and Farmed Wetlands Pasture may be
farmed and maintained in the same manner as they were prior to December 23, 1985, as long as they are not LL N 1 • 2_ A e
abandoned.
13. Prior Converted Cropland (PC). Wetlands that were converted prior to December 23, 1985. The use, management,
drainage, and alteration of prior converted cropland (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 Wetland (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 converted for trees, fish production, shrubs,
cranberries, vineyards or building and road construction.
24. Converted Wetland Technical Error (CWTE). Wetlands that were converted as a result of incorrect determination
by SCS.
95 The nlanned 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 if
installed will cause the area to become a Converted Welland (CW). See item 22 for Information on CW+year.
27. The wetland determination was completed in the office ? field jffi and was delivered[-] maileclM to the person on
28. Remarks. ??? ZAXV?o.?611-C0
/VW= Vo.,v tv.,-11a, ii' ?,U = ltl?f1Q??
29. /certify that the above determination is correct and adequate for. use in determining 30. Signature of SCS District Conservationist 31. Date
eligibility for USDA program henefirs, and that wetland hydrology, hydric soils, and /? -
hydrophytic vegetation under normal circumstances exist on all areas outlined as // fie , O AT) (?
Wetlands. Farmed Wetlands, and Farmed Wetlands Pasture, A
Assistance and programs of the Soll Conservation Ssrvkv available without regard to two, ?Nlgli n, color, sett, bgk or handicap.
SCS Coley
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78' 45'00'
soil survey map was compiled by the U.S. Department of Agriculture,
Soil Conservation Service, and cooperating agencies. Base maps are from
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it shown, are approximately positioned.