19950094 Ver 1_COMPLETE FILE_19950103

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. L.S. Guy, Jr., Supt.
Duplin County Board of Education
P.O. Box 128
Kenansville, N.C. 28349
Dear Mr. Guy:
Nook
[D FE F1
February 27, 1995
Duplin County
DEM Project # 95094
r
FIL E
You have our approval to place fill material in 5.0 acres of wetlands or waters for the purpose of
constructing a soccer and track field at Hwy 111, as you described in your application dated 31
January 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 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 written 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,
ston Howard, Jr. E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Domey
Central Files 95094.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 101. post-consumer paper

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57

DEM ID: / •? 9
ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit ft
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 ?a Ir T ( r
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW-CO-E Raleigh, NC 27626-0535
Telephone [phone] ATTN: MR. JOHN DORNEY JAN
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO COMERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRO- r? GEMENT.
PLEASE PRINT _ _ LN
1. Owners Name:
2. Owners Address:
3. Owners Phone Number (Home):
04-
C
(Work): * la) d
4. If Applicable: Agent's name or responsible corporate official, address, phone number:

Nearest Town or City: R -e v ltw ` 11- N L
Specific Location (Include road numbers, landmarks, etc.):_-
-(l?On?'? n? ??,?n??`1lP ? hF?n•. 111 0?,
6. Name of Closest Stream/River: C o, ?o ',ti C f -,c- \<
7. River Basin: CaD? Fear R`ver 11 as?r'?Z 63-oV'?t
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 Ll?
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: / D" +
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: S
Drained:-
Flooded:
Excavated:
Total Impacted: 5
5. Location of work (MUST ATTACH MAP). County: 1),),D t
.",-N I
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): Tn t n S 1'a l 0- i1
Soe -r- r F"'Id c trbc_:k ff;Oa O.reuv,A t-"e. Soc.c,er 1.= W
ld'Ph B)ec,,-V er
S
13. Purpose of proposed work: 'rn in s ?n 1 1 s o r t .'e r, 1 d a h ok f-ta ?? ??
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. T i-igr e- are v to spec' & l n q• y a.?,(_ s ? fy s loan i e d :n "!-s
-_. 1 t_ 1 ____ ..1 _1 4,L? F'.IJs 4•n L. .J nn nn/n .A.4ein ..A 1..1- me. 47E4?AUt ?` iwib uf4}?Q "?•
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 [X]
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 this project, attach copy.
E. What is land use of surrounding property? Sc b c o ? Igo us c_ d- Pby ^ d Farm n d re w G ropy
ae:??e
F. If applicable, what is proposed method df sewage disposal? C 14 S 'ew a 5 e, T6 wn o'T? 9"%
O er's Signature .1 Date
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?' ED STATES DEPARTMENT OF AGRICULTURE Fortni4vrom"n-•MEmo. *w4 04`? A
AD-1026 (06-07-91) UNfT
HIGHLY ERODIBLE• LAND CONSERVATION)(HELC) AND WETLAND
CONSERVATION (WC) CERTIFICATION _ r:.

i

?i,41{
)9?c.I

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' ?.,??tn? v r
If items 7 or 8 are answered "YES", circle the applicable farm number on AD-1026A.
During either the crop year entered in item 3 above, or the term of a requested USDA l0a>7: - r t
63 $3
1. Name of Producer- 2. Identification Number ,. ; 3. ;Crop Year

YEs No._
4 Do the attached AD 1026A(s) list all your farming interests by county, and show current i
'SCS'determinationM-If'' 1?0`-' =contact, your -County ASCS O?ce'before-eompleti?c9 this form.
j5:,,,;Are you-paw,applying for;.or,do,you haves FmHA;insured or:guaranteedaoan?

j6. Do ?oii%ha(Ve i?'arop insiirziAVe` 66' d'issued or' reinsured by the Federal Crap ;
,
.
:2

`'
ti
Insurance Corporation? .

-landloed; on any: ,fa_gijisted ;on .AD-;1026A that. will,. of be-; m compliance wah
HELC and WC provisions?
$. Has a HELC exemption been approved on any..farms ;listed`4n:AD 92,CA because they,
landlord refuses to comply?
9. List here or attach a list of affiliated persons with farming interests. See reverse for---an =
explanation. Enter "None ", if applicable.

i
''
" YF3. - NO-...
highly erodible
m6dity on land for whiclva
10. Will you plant or produce, an ?agricultural com /
Y
- - -land determination has not been made? - - -
11. Will you plant or produce an agricultural commodity on any land that is or was amet area
li
h
r
ng or any ot
e
on which planting was made possible by draining, dredging, filling, or leve
means after December 23, 1985?
12. Will you, or have you since November 28, 1990, made possible the planting of any crop, -
pasture, agricultural commodity, or other such crop by: (a) converting any wet areas by
dif
i
?
ng, or .
y
draining, dredging, filling,- leveling, or any LlIg means, or (b) mp v,ing, _ o
/??{ S
/ ?
i
i
i
i
d
i
? .
ng
.
n
ng, an ex
st
ra
nage system
mainta
/,9,
7a
13. Will you convert any wet areas for. fish production, trees, vineyards, shrubs,: building
construction, or other nor-agricultural use? • s
i
"YES". for any one of these items, sign and date, in item.14 below. Circle the'applicable tract -
lf answers •to items
number on AD-A026A, or list tract number in item 12, on AD-1026A, ASCS will.refer_this AD-1026
10, 11, 12, Or'1,3 are: to SCS.for a determination. DO NOT sign in item 16 until SCS determination is complete.
"NO" for all of these items or SCS determinations are complete, complete item 16.
1 he ,cert! that4h t ove informatio and the information on attached AD-1026A's, is true'and correct to the be t of my
14. Signature of !e nc( ?i ?'
Producer - :t Dat
15. Referral To SCS Enter a,4ft a SCS d ination is needed because Date Referred , Signa;ure of,ASCS Representative
(Cotnpleted by ASCS) "Yes is answered in item 10, 11, 12, or 13. 3 CJ? iG ,?
NOTE: Before signing in item 16, Read AD-1026 Appendix.;'
I hereby'certify that the above information, and the information on attached AD-1026A's, is, true and correct to the best of my
knowledge and belief. It is my responsibility to file a new AD-1026 in the event there are any changes in my farming
operation(s). In signing this form, l also certify that I have received and will comply with the compliance requirements on
16. Signature of AD-1026 Appendix.
Producer bate
17. Remarks: -
scs
U.S.D.A. SCS-CPA-026
Soil Conservation Service (June 91) 1 Name and Address q n
G rn
, `P . 2. Date of Request

HIGHLY ERODIBLE LAND AND WETLAND

yLc,,,? rV C'

'd?3?{Q) unty
3
0
CONSERVATION DETERMINATION ,41
1„t
4. Name of USDA Agency or Person Requesting Determination
5. Farm No. and Tract No.

eCrTUnN I _ Wtr-ut v FnnnlRLF LAND
FIELD NO.(s) TOTAL ACRES
6. Is soil survey now available for making a highly erodible land determination? y2L'O No ?
7. Are there highly erodible soil map 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.
in Thie Hinhiv Frnrtihle I and determination was comDleted in the: Offic Field ?
eer`T.nN n - wPT1 ANn
FIELD NO.(s) TOTAL ACRES
11. Are there hydric soils on this farm? Yes No ?
including abandoned wetlands, or Farmed Wetlands (FW) or Farmed Wetlands Pasture (FWP).
12. Wetlands (W)
,
Wetlands may be farmed under natural conditions. Farmed Wetlands and Farmed Wetlands Pasture may be
not
th
l
l
L d j
ey are
ong as
farmed and maintained in the same manner as they were prior to December 23, 1985, as
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 uAless
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.
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 if
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 ? fieloand was delivered[-] mail to the person on
28. Remarks. `Ar,- _ Q- ? a, Qz? , a p?/?hit
yl.k ? p 6AA 40 t? _ ? '? ? 16z old '? J
29. l 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 benefits, and that wetland hydrology, hydric soils, and
hydrophytic vegetation under normal circumstances exist on all areas outlined as
Wetlands Farmed Wetlands and Farmed Wetlands Pasture.
Assistance and programs of the Soil Conservation Service available without regard to race, religion, color, sex, , or handicap.
SCS Col-)y
(?D-1 O?bA C SUpP l ipenta 1 to AD-1026) DATE : 0:3-08-; 4
i. STA'iE:NORTH CAROLINA 37 2. COUNTY:DUPLIN F'F,G E : - i
-- -------------------------- ---
061 1 CROP YEAR:94 4. ID NO. 56-6001020
5. PRODUCER NAME b ADDRESS TELEPHONE 6. COUNTY OFFICE NAME 6 ADDRESS
TELEPHONE
DUPLIN CO BOARD OF EDUCATION M-FLIN
KENANSVILLE, NC 28349 BOX 24 COUNTY ASCS OFFICE (919) 296-2f 93
BOX 248
KENANSVILLE NC 28349-0248
FAF.MING INTEREST (COffi I.eted b- ni-ociur_er) `
7. Circle each tract for which a 'YES' answer applies to the tract for Items 10, 1f, 12, OR i3 ---`
on AD-1026. (OP = Operator, OW = Owner, 00 = Owner-Operator).
FARE( OP/ TRACT CROPLAND OWNER
NO OW/ NO
00
PHOTO/GRID -SCS DETERMINATIONS-
8. 9. i0. ii.
HEL 027 A027 Wetland
2677 00 912 19.3 DUPLIN CO BOARD OF EDUCATION D07/38
2677 00 2940 .0 DUPLIN CO BOARD OF EDUCATION F12/3B N N N
2677 00 26.7 DUPLIN CO BOARD OF EDUCATION M08/3C N N N
2677 00 72183 .0 DUPLIN CO BOARD OF EDUCATION B08/2B ( N N N
9167 00 2 2 21.4 DUPLIN CO BOARD OF EDUCATION Li2/3B N N
N N N
12. You are recorded as a tenant or sharecropper on the farm numbers listed below.
Please specify the tracts that apply to you by completing items (a) and (b).
(a) Circle 'YES' or 'NO' in the 'FARMING INTEREST' column beside each tract number below to indicate whether you have a
farming interest in the tract. The HELC and WC provisions will apply to all land in which you have a farming interest.
(b) If any 'YES' answer to questions 10,ii,12,or 0 on AD-1026 applies to your land listed below, circle
the applicable tract in the 'Tract No' column.
FARM TRACT FARMING CROPLAND O(M
NO NO INTEREST
NONE FOUND
2. MULTIPLE COUNTY INTEREST: (CONTROL COUNTY: NONE
OTHER COUNTIES 6 STATES
NONE
FINAL. F'AGE
PHOTO/GRID -SCS DETERMINATIONS-
8. 9. i0. ii.
HEL. 0,17 A027 Wetland
r
11M. W-7
0�1

ri

un tea states Jou P. v. sox Z77
Department of Conservation Kenansville, NC 28349
Agriculture Service Telephone [phone]
Mr. L. S. Guy, Superintendent
Duplin County Board of Education
Kenansville, NC 28349
Dear Mr. Guy:
April 1, 1994
Enclosed is the CPA-026 wetland determination for the property located at East Duplin High
School. You had requested a wetland determination on some property east of the school. As I
understand, you want to clear this property in order to expand the athletic fields and facilities.
As you can see from the map, most of the area is classified as wetlands (W). There is a small
amount of non-wetland (NW) directly adjacent to the cleared area. You will need to acquire
permits from the US Army Corp of Engineers, the NC Division of Environmental
Management, and the Soil Conservation Service prior to clearing any of the wetlands. Also
the non wetland delineation is only for Farm Bill purposes and should be verified by Army
Corp and DEM so that their representative can determine if the delineation is suitable for their
jurisdictional wetlands.
I have enclosed a form that should be completed and returned to my office. This form is used
to request a converted wetland for non agricultural use exemption (CWNA) on the wetland
areas you wish to clear for athletic fields and/or buildings. Once returned to my office, I will
send the form to Raleigh for review and should have the necessary permit from the SCS within
3 - 4 weeks. If approved, this permit will only be for Farm Bill purposes and does not relieve
you of your responsibility to obtain the other necessary wetland permits from the Army Corp
and DEM. The name and addresses of these agencies are listed below for your convenience.
Mr. Jeff Richter
US Army Corp of Engineers
P. O. Box 1890
Wilmington, NC 2840
Mr. John Dorney
Water Quality Section
Division of Environmental
NC Dept of Environment,
P. O. Box 27687
Raleigh, NC 27611-7687
Management
Health, & Natural Resources
I have tried to make this determination as fairly as possible. However if you believe this
determination is incorrect, you have the right to appeal. To appeal send me a brief letter
explaining why you believe this determination is incorrect. Send the letter to the address on
the letterhead. This letter should be received within 15 days of your receipt of this letter.
If you have any questions, please contact me.
Sincerely,
Michael E. Sugg
District Conservationist
cc: Ken Kennedy, East Duplin High School
l • '-/ J
MAR 1 4. 1995
xWECTEAiNDS GRO 'r
North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Dorney
Water Quality Planning
Division of Environmental Management, DEHNR
FROM: Richard B. Hamilton 1d6*4;?h7Y\
Assistant Director
DATE March 8, 1995
SUBJECT: Review of application for Section 401 Water Quality
Certification, DEM ID 95094, Duplin County Board of
Education, Duplin County.
Staff biologists with the Wildlife Resources Commission have
completed a review of the project with regard to associated
impacts on wildlife and fishery resources in the area. A site
visit was made on March 1, 1995. Our comments are provided in
accordance with provisions of the Fish and Wildlife Coordination
Act (48 Stat. 401, as amended; 16 U.S.C 661-667d), Section 401(b)
of the Clean Water Act of 1977 (as amended), and the North
Carolina General Statutes (G.S. 113-131 et seq.).
The applicant proposes to expand athletic fields and
facilities by building a soccer field, track, and bleachers. As
proposed, this project would fill approximately 5 acres of 404
wetlands.
This wetland area currently serves as a drainage basin for
existing baseball, softball, and football fields, and four
agricultural fields. Wetlands such as those found on this site
provide functions that benefit the public as well as fish and
wildlife. Wetlands retain and purify stormwater runoff and
provide habitat for numerous species of amphibians, reptiles,
birds, and mammals. Wetlands contribute large quantities of
organic carbon, forming the food chain base and the resulting
biological productivity for many aquatic ecosystems.
As proposed, this project is inconsistent with our Policies
and Guidelines for Conservation of Wetlands and Aquatic Habitats.
Duplin High School 2 March 8, 1995
It is the policy of this agency to oppose projects which
"displace, damage, or modify wetland values and functions." We
also believe that this project is inconsistent with the
Environmental Protection Agency's Section 404(b)(1) guidelines in
that the project does not constitute a water dependent activity.
We believe that adequate upland acreage exists adjacent to this
site to accomplish the proposed construction without impacting
wetland areas. Due to these factors, we request that 401 Water
Quality Certification not be issued.
We appreciate the opportunity to provide input into this
permit review. If further information is needed please contact
William Wescott at [phone].
WW/fm
cc: The Honorable Roy Gerodd Sowers, III
Bennett Wynne, Coastal Fisheries Coordinator
William Wescott, Coastal Habitat Coordinator
Brad Hammers, District 2 Fisheries Biologist
Bobby Maddrey, District 2 Wildlife Biologist

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF
March 21, 1995
Regulatory Branch
5W
Action ID No. 199404955 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Duplin County Board of Education
ATTN: Mr. L.S. Guy, Jr.
Post Office Box 128
Kenansville, North Carolina 28349
Dear Mr. Guy:
Please reference your application dated January, 24, 1995, for Department
-of the Army (DA) authorization to discharge fill material into approximately 5
acres of jurisdictional wetlands located above the headwaters of Cabin Creek.
The proposed fill is for the expansion of the athletic field at East Duplin
High School, off Highway 111, Beulaville, Duplin County, North Carolina.
For the purposes of the 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. Authorization was
provided, pursuant to Section 404 of the Clean Water Act, for discharges of
dredged or fill material into headwaters and isolated waters.
Your work is authorized by this nationwide permit provided it is
accomplished in strict accordance with the enclosed conditions and provided
you receive a Section 401 water quality certification from the North Carolina
Division of Environmental Management (NCDEM). You should contact Mr. John
Dorney, telephone [phone]. This nationwide permit does not relieve you
of the responsibility to obtain other required State or local approval.
This verification will be valid for two years from the date of this
letter unless the nationwide authorization is modified, reissued or revoked.
This verification will remain valid for the two years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification. If during the two years,
the nationwide permit 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 nationwide permit, activities which have commenced or are
under contract to commence, in reliance upon the nationwide permit, will
remain authorized. This is provided the activity is completed within twelve
months of the date of the nationwide permit's expiration, modification or
revocation.
Printed on is Recycled Paper

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Questions or comments may be addressed to Mr. Jeff Richter, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copy Furnished (without enclosure).:
John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535