19950990 Ver 1_COMPLETE FILE_19950919

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
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[D EHNR
October 5, 1995
Hyde County
DEM Project # 95990
APPROVAL of 401 Water Quality Certification
Mr. Calvin Blythe Davis
Route 1, Box 157-AAA
Swan Quarter, N.C. 27885
FILE COPY
Dear Mr. Davis:
You have our approval to place fill material in 5.94 acres of wetlands or waters for the purpose
of contructing a vegetable grading facility off Hwy. 264, as you described in your application dated 11
September 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 60 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 Dorney at 919-733-1786.
Sincerely,`
A. Pre n Howard, Jr. P.E.
QL'
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DEM Regional Office
Mr. John Dorney
Central Files
95990.1tr
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
RECEIVED
DEM ID: 95 9 g e) ACTION ID: S 1' 199S
Nationwide Permit Requested (Provide Nationwide Permit #): NI-) P -4 z rNV+
JOINT FORM FOR .,.,-"y
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 [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
l?s?a?s ti k ? I ?Ze L? Ck.e? k ? 401 ISSUED
Raleigh, NC 27626.OSM X7407
ATTN: MR. JOHN DORNEY
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF ENGINEERS,
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: Calvin Blythe Davis
2. Owners Address: Rt. 1, Box 157-AAA, Swan uarter, NC 27885
Owners Phone Number (Home): [phone] (Work):
same
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
N/A

5. Location of work (MUST ATTACH MAP). County: Hyde
Nearest Town or City: Swan Quarter
Specific Location (Include road numbers, landmarks, etc.): From the eastern intersection of
Hwy 264 and the Swan Quarter business route, go 0.45 miles east on
Hwy 264 to a dirt path on the south side of 264. The property is located
soutri corner see map .
6. Name of Closest Stream/River: Swan nuarter Ray
7. River Basin; Pamlico Sound
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO 1K
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [
If yes, explain. N/A
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: Al lected 5. 9 4 E,
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0.42 ac
Drained: 4.23 ac
Flooded: 0
Excavated: 1. 2 9 a c
Total Impacted: 5. 94 ac
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ATTACHMENT --- NATIONWIDE PERMIT ---- CALVIN B. DAVIS
14. State reason why the applicant believes that this activity
must be carried out in wetlands. Also, note measures taken
to minimize wetland impacts.
Assuming this 5.94 acre tract is in fact wetlands this is
a central location to the vegetable production area; the site has
access to Highway 264 to facilitate the shipment of produce; it
and it is the only suitable property currently on the market in
the area.
To lessen the alleged wetland impacts the building will be
the only nonporous surface that prevents the infiltration of rain
water. All ditch banks will be seeded to lessen erosion Best
Management Practices will be used in the clearing and construc-
tion process.
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Existing Ditch
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HWY 264

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----- PROJECT BOUNDARY
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16
REPLY TO
ATTENTION OF .
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON; NORTH CAROLINA 28402-1890
October 20, 1995
Action ID No. 199505697 and Nationwide Permit No. 26 (Headwaters and
Isolated Waters)
Mr. Calvin Blythe Davis
Route 1, Box 157-AAA
Swan Quarter, North Carolina 27895
Dear Mr. Davis:
5W
Please reference your application received September 12, 1995,
for Department of the Army (DA) authorization to discharge fill material
in 5.94 acres of Section 404 wetlands for the construction of a vegetable
grading facility located on the south side of Highway 264, approximately
0.4 miles east of State Road 1129 intersection, east of Swan Quarter,
Hyde 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. This
nationwide permit authorization does not relieve you of the responsibility
to obtain any other State, or local authorizations.
This verification will be valid until the nationwide permit is
modified, reissued or revoked, which will occur prior to January 21, 1997.
It is incumbent upon you to remain informed of changes to the nationwide
permits, which will be announced by public notice when they occur. If you
commence, or are under contract to commence, this activity before the date
the nationwide permit is modified or revoked, you will have twelve months
from the date of the modification or revocation to complete the activity
under the present terms and conditions of this nationwide permit.
You should contact the following State agency to obtain the
required State authorization prior to starting work: Mr. John Dorney,
North Carolina Division of Environmental Management, at telephone
[phone], and Mr. Steve Benton, North Carolina Division of Coastal
Management, at telephone [phone].
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Thank you for your time and cooperation in this matter. If you
have any questions or comments, please address them to Mr. David Lekson,
Washington Regulatory Field Office, at telephone [phone], ext. 5.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Dorney
Division of Environmental Management
/North Carolina Department of Environment,
? Health and Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. John Parker
North Carolina Department of Environment,
Health and Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Rufus Croom
Natural Resource Conservation Service
128 East Water Street
Suite 202
Plymouth, North Carolina 27962