19950178 Ver 1_COMPLETE FILE_19951120

State of North Carolina
Department of Environment,
Health and Natural Resources AIVVAI
Division of Environmental Management
James B. Hunt, Jr., Governor ry C
Jonathan B. Howes, , Secretary C F:It
A. Preston Howard, Jr., P.E., Director
November 20, 1995
Mr. Curtis Johnson
294 Shadetree Road
Benson, N.C. 27504
Dear Mr. Johnson:
Re: 401 Water Quality Certification
Farm Road FILE Copy
Johnston County
DEM # 95178, COE # 1996300351
I recently received a letter from Mr. Kenneth York, District Conservationist
concerning the need for a 401 Water Quality Certification from the N. C. Division of
Environmental Management for fill of 0.06 acres of wetlands for a farm road. Since this
activity is exempt for the 404 permit process, this road is also exempt from the need for a
401 Certification.
Please call me at 919-733-1786 if you have any questions.
Sincerely,
J R_ Dorney
Water Quality Certi rionProgram.
95178.1tr
cc: Kenneth York; Johnston County NRCS
Central Files
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
4 4
UN;TED STATES NATURAL RESOURCES 806 NORTH STREET
DEPARTMENT OF CONSERVATION SMITHFIELD, NC 27577
!AGRICULTURE SERVICE TELEPHONE: [phone]
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41995
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ENVIRONNIENTALSCIENCES
November 8, 1995
John Dorney
DEHNR
Division of Environmental Mgt.
Water Quality Section
P O Box 29535
Raleigh, NC 27626-0535
Dear Sir:
Mr. Curtis Johnson of 294 Shadetree Road, Benson, North Carolina (Telephone - 919-894-
8462) is requesting a 401 permit after the fact. The permit is to clear and excavate approximately
0.06 acres of jurisdictional wetlands for a road crossing providing access to a swine operation.
The attached letter from the U.S. Army Corps of Engineers, states that this activity is
exempt from Section 404 of the clean water act per their regulation (33 CFR, PART 323.4 (a) (6).
Please provide me with his 401 water quality certification or documentation in writing that
he is exempt from these requirements.
I need a copy of this information to process a Converted Wetlands for Non Agriculture Use
request for Mr. Johnson to prevent him from losing U.S.D.A. Program Benefits.
C
Kenneth C. York
District Conservationist
attachment

November 2, 1995
Regulatory Branch
Action ID. 199600351, Farm Road Exemption
Mr. Curtiss Johnson
294 Shade Tree Road
Benson, North Carolina 27504
Dear Mr. Johnson:
Through coordination with Mr. Kenneth York with the Johnston County
Field Office of the Natural Resources Conservation Service, we have learned of
your recent construction of a farm road on your property. This road has
impacted 0.06 acre of wetlands subject to our regulatory authority pursuant to
Section 404 of the Clean Water Act. Specifically, your property is located
off SR 1355, approximately 2 miles south of Johnston High School, across an
unnamed tributary to Stony Fork Creek, southwest of Four Oaks, in Johnston
County, North Carolina.
Based upon the information submitted by Mr. York, the primary purpose of
the proposed road is to provide access for an existing hog operation. Per our
regulations [33 CFR, Part 323.4(a)(6)], construction of farm roads is exempt
from Section 404 of the Clean Water Act. Accordingly, a DenartmPnt of the
Arcr?y = armi t cvi l not hp rarn?; rad for construction of your proposed road.
Please note that to utilize this exemption, the work cannot convert an area of
waters of the United States into a use to which it was not previously subject,
and the flow or circulation of waters of the United States cannot be impaired
or the reach of these waters reduced.
The proposed road may be constructed from borrow ditches located
adjacent to the road. However, in accordance with the above restriction,
these ditches can not be used for the purposes of providing drainage and
therefore should not be connected to other ditches, creeks, streams, or
canals. In addition, the road must be bridged, culverted, or otherwise
designed to prevent the restriction of expected flood flows.
If you have any questions, please contact Mrs. Jean Manuele, Raleigh
Regulatory Field Office, telephone [phone], Extension 24.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure

Copies Furnished (without enclosure):
Mr. Kenneth York
District Conservationist
Natural Resources Conservation Service
Johnston County Field office
806 North Street
Smithfield, North Carolina 27577
Mr. Jeff Coutu
Planning Director
Johnston County Planning and
Inspections Department
Post Office Box 1052
Smithfield, North Carolina 27577