19950143 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
AIF?EHNR
February 9, 1995
Duplin County
DEM Project # 95143
APPROVAL of 401 Water Quality Certification
Mr. James Pearsall
c/o Michael Sugg
Duplin County
Natural Resource Conservation Service
Post Office 277
Kenansville, N.C. 28349
FILE COPY
Dear Mr. Pearsall:
You have our approval to place fill material in 0.1 acres of wetlands or waters for the purpose of
agricultural land clearing at your farm, as you described in your application dated 18 January 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 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,
Tston H ard, J . E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Domey
Central Files
95143.1tr
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
UNITED STATES Natural Resources 4405 Bland Road
DEPARTMENT OF Conservation Suite 205
AGRICULTURE Service Raleigh, NC 27609
January 18, 1995
NWL? 4 3 &AA- -
Mr. David Harding
Division of Environmental Management
PO Box 29535
Raleigh, NC 27626-0535
Dear Mr. Harding:
Attached is a copy of a request for a Post Minimal Effect Determination from Mr. James
Pearsall in Duplin County. Please review this request and give me your
recommendations relative to approval of an exemption to the Swampbuster provision of
the Food Security Act. Please contact our biologist, Hank Henry, at [phone] if
you need more information or wish to visit the site.
I appreciate your assistance in this evaluation process.
Sincerely,
iGallo
State Conservationist
Attachment
cc: Hank Henry
Mike Sugg
? y?J, Fo
of
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4 P.
United States Natural Resources P. O. Box 277
Department of Conservation Kenansville, NC 28349
Agriculture Service Telephone [phone]
Subject: CPA-FSA Minimal Effect Date: 01/04/95
Determination- James Pearsall
To: Dick Gallo File Code: 180
State Conservationist
SCS, Raleigh NC 27601
I have received a minimal effect request from Mr. James Pearsall. The area in question is on
tract 71698. The total wetland area is approximately 0.1 acres and is divided into two areas..
Mr. Pearsall cleared this area to square the field so that it will be more efficient for farming
opeartions. The wetland areas are a slight depressional areas. The area is presently classified
asaCW94.
Attached is the minimal effect worksheet.
If you have any questions please contact me.
4 //c
Michael E. Sugg
District Conservationist
cc: David Combs, AC
Wayne Wright, COE
Tom Welborn, EPA
L. R. (Mike) Gant, FWS
4
4 r
January 4, 1995
Mr. Michael E. Sugg, District Conservationist
USDA Natural Resources Conservation Service
P. O. Box 277
Kenansville, NC 28349
Dear Mr. Sugg:
I am requesting a minimal effect exemption on the two small areas
of converted wetlands on tract 71698. These two areas are only
about 0.1 acre in size. I cleared approximately 3 acres of land
and inadvertently encroached on these two small areas. I cleared
the land to make farming practices more efficient.
Thank you for your consideration of this request.
Sincerely,
yid
James Pearsall

526.66 . Information from the person to assess a Post-conversion Minim..,l Effects
Determination: L ?g
(1) Type of wetland converted (Cowardin classification) drN W tP J
(2) Hydrological condition of the wetland at the time of conversion and at present
- quantity of water present N a N u
- outlet information (elevation and type) W oo a FD Ic cTC,cT
- condition of the drainage system (if present)
- size of the contributing watershed
- size of the basin - t4
a N F
- depth of water - N cth?
(3) Climatological data prior to the conversion
( £
- precipitation records for the year of the conversion k v A U A? C44
- precipitation records available for all previous years
- precipitation records for period during the conversion
(4) Vegetative condition at the time of conversion
- species composition sMe t? p?n?? /?r,ar3
- plant density
- community diversity
- age of community
(5) Available maps, photographs or slides depicting the wetland prior to, during, and
after the conversion. ._ V/.4
(6) Crop history information Nox F
- crop history of wetland for 5 years prior to conversion
- crop history of contributing watershed 5 years prior to conversion
(7) Soils information
- soils of the contributing watershed
- soils of the converted wetland '2 RoF4r r') d, !nom
(8) Records on reestablishment (seeding, planting, or natural reestablishment) of
vegetation during the period of conversion. - K d-, .j ?z
(9) Efforts to restore the converted wetland..
- method of restoring wetland hydrology _ pots ,Jar b RAJ7a/19?
- method of restoring wetland vegetation
- management of wetland to restore former conditions
526-60 (180-V-NFSAM, Third Ed:, March 1994)
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