19940931 Ver 1_COMPLETE FILE_19950110

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. Benny King
Route 1, Box 248
Clinton, N.C. 28238
Dear Mr. King:
'7 F
?EHNR
January 10, 1995
Sampson County
DEM Project i-0 94931
FILE COPY
You have our approval to place fill material in 1.1 acres of wetlands or waters for the purpose of
constructing hog lagoons and road off SR 1924 (Rowan Road), adjacent Rowan Branch near the Town
of Clinton, as you described in your application dated 5 October 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 H ard, Jr. P
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DEM Regional Office
Mr. John Dorney
Central Files
94931.1tr
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
Mitchell and Associates, Inc.
128 N. Harding Street • Greenville, North Carolina 27858 • 919 - 752 - 4077 • Fax: 919 - 752- 7380
RECEIVED
'.SAN 10 1995
ENWRONMEATAL 9CWNCES
January 6, 1995
Mr. John Dorney
Wetlands and Technical Review Group
Department of Environment, Health and Natural Resources
Division of Environmental Management
Post Office Box 2953,5
Raleigh, North Carolina 27626-0535
Dear Mr. Dornev :
This correspondence is in response to our phone conversation regarding
Mr. Benny King request to place fill material into 404 wetlands and
identified as Project # 94931. I have provided the requested survey of
existing buildings that govern setback requirements as per our discussion.
Furthermore , other structures in the surrounding area have some
consideration but the ones surveyed are the most controlling.
'T'hank you for your consideration in this matter, if you have further
questions please call.
Sincerelv,
Mr. Garv A. Mitchell
President
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0 North Carolina Wildlife Resources Commission 0
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391
Charles R. Fullwood, Executive Director
MEMORANDUM
TO: John Dorney
Water Quality Planning Section
Division of Environmental Management
FROM: Richard B. Hamilton n, at d L H
Assistant Director
DATE: November 2, 1994
SUBJECT: 401 Water Quality Certification Review for Mr. Benny King, Proposed
Placement of Fill Material into 404 Wetlands Associated with Rowan
Branch, Hog House Construction, Sampson County, North Carolina,
Project Number: 94931.
Staff biologists with the North Carolina Wildlife Resources Commission
(NCWRC) have completed review of the proposed project and evaluated possible impacts
on fish and wildlife habitats in the project area. An on-site investigation was made on
October 21, 1994. 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 et seq.), and
section 401.b of the Clean Water Act of 1977 (as amended), and North Carolina General
Statutes (G.S. 113-131 et seq.).
Mr. Benny King is requesting permit authorization to place fill material in 404
wetlands associated with Rowan Branch near Clinton in Sampson County. Placement of
the fill material will result in the unavoidable loss of 1.10 acre of 404 hardwood wetlands.
The purpose of the proposed project is to provide suitable high ground foundations for
construction of hog houses.
The project area consists primarily of hardwood uplands interspersed with 404
wetlands which are considered "404" jurisdictional areas by the U.S. Army Corps of
Engineers. These wetlands provide numerous functions which benefit the public as well as
fish and wildlife. These functions include retention and purification of stormwater runoff
and providing valuable habitat for numerous species of fish and wildlife. These wetlands
play a major role in the overall biological productivity of adjacent waters.
.d '
MEMO TO: John Dorney 2 November 2, 1994
We have determined the proposed project is inconsistent with our Policies and
Guidelines for Conservation of Wetlands and Aquatic Habitat and recommend that water
quality certification not be issued. In addition, we believe that this project is inconsistent
with the Environmental Protection Agency's Section 404(b)(1) guidelines in that the
proposed project does not constitute a water dependent activity. If certification is not
withheld, then we recommend that all spoil material be deposited outside wetlands.
Thank you for the opportunity to review and comment on this 401 Water Quality
Certification Application. If we can provide further assistance, please contact District 4
Fisheries Biologist Keith W. Ashley at 910-866-4250.
KA/fm
cc: The Honorable Ted B. Lockerman
The Honorable John E. Pechmann
Keith W. Ashley, District 4 Fisheries Biologist
Tom Padgett, District 4 Wildlife Biologist

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
November 16, 1994
Regulatory Branch
Action ID No. 199500014 and Nationwide Permit No. 26 (Headwaters and Isolated
Waters)
Mr. Benny King
Route 1, Box 248
Clinton, North Carolina 28238
Dear Mr. King:
Reference your application dated January 25, 1994, for Department of the
Army (DA) authorization to discharge fill material into approximately 1.1
acres of jurisdictional wetlands above the headwaters of Rowan Branch. Your
property is located on the south side of State Road 1924 near Clinton, Sampson
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], regarding water quality certification. 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.
Questions or comments may be addressed to Mr. Michael Hosey, Wilmington
Field office, Regulatory Branch, telephone [phone] .
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
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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
f 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
Mr. Benny King
Route 1, Box 248
Clinton, N.C. 28238
Project # 94931
Dear Mr. King
FILE COPY
The Division of Environmental Management, Water Quality Section has reviewed your plans
for the discharge of fill material into 1.1acres of waters and/or wetlands located at south side of SR
1924 in Sampson County for hog houses and road construction. Based on this review, we have
identified significant uses which would be removed by this project. These uses are water storage,
pollutant removal, wildlife habitat and aquatic life habitat. Furthennore, insufficient evidence is
present in our files to conclude that your project must be built as planned in waters and/or wetlands.
Therefore, we arc moving toward denial of your 401 Certification as required by 15A NCAC 213.0109.
Until we receive additional information, we arc requesting (by copy of this letter) that the U.S. Army
Corps of Engineers and/or the N.C. Division of Coastal Management place your project on
administrative hold.
Please provide us with information supporting your position that your project must be
constructed as planned and that you have no practicable alternative to placing fill in these waters
and/or wetlands. Specifically can you construct your hog houses on nearby uplands or prior converted
farmland? Any documentation such as maps, site plans and narrative that you can supply to address
alternative designs for your project may be helpful in our review of your 401 Certification. Please
respond within two weeks of the date of this letter by sending a copy of this information to me and
one copy to our Mr. Ken Averitte at the Fayetteville Regional Office at Wachovia Bldg, Suite 714,
Fayetteville, N.C. 28301.
Sincerely,
94931.nty
cc: Fayetteville DEM Regional Office
Wilmington Officc Corps of Engineers
Central Files
Gary Mitchell
October 25, 1994
John R. Dorsey
Wetlands and Technic 1 evicw Group
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 501k recycled/ 10% post-consumer paper
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predon inantly m r:erai -- rVan-sandy' .
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serniperrnar?enily to perrmnently

' flooded or inundated
H draulic Factors
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regularly floodtx3 or conveys stornwater
freshwater C? brackish s. during or after storms
steep topography seasonally flooded or inundated
ditched or channelized tennitEantly flooded or temporary
wetland to stream ratio 1 to 3 surface water
to'evweme of floodbi or surface water

Wetland ty a (select one) ? Other
,W- Swamp forest ? Shoreline
Q Bottomland hardwood forest O Brackish marsh
? Carolina bay ? Freshwater marsh n
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D Pine savannah ? Bog/Fen z; ?'
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The rating system cannot be appli ed to salt marshes.
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49
U Hydrologically connected
;Mitchell and Associates, Inc.
128 N. Harding Street • Greenville, North Carolina 27858.919-752.4077 • Fax: [phone]
November 7, 1994
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Mr. John R. Dorney
Wetlands and Technical Review Group
Department of Environment, Health, and Natural Resources
Division of Environmental Management
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
This correspondence is in response to your letter of October 25, 1994,
regarding your Division's review of my client's Nationwide Permit No. 26
application to place fill material within 1.1 acres of Section 404 wetlands. The
project site is located on property owned by Mr. Benny King, off S.R. 1924
(Rowan Road), adjacent Rowan Branch, near the Town of Clinton, Sampson
County, North Carolina.
In accordance with the Memorandum of Agreement (MOA) between
the U.S. Army Corps of Engineers and the U.S. Environmental Protection
Agency, my client has satisfied the sequencing requirements to the maximum
extent practicable. The purpose of the proposed fill is to facilitate road
construction and building pads for the construction of livestock buildings on
Mr. King's property.
The proposed project has been designed to utilize high ground
alternatives to the maximum extent practicable and has selected the least
damaging proposals for development within the wetland areas. All available
uplands owned by the applicant are proposed to be used for sprayfield
irrigation purposes and lagoon construction, activities which would not be
compatible for wetland fill considerations.
The applicant does not own any other properties or have the economic
resources available to purchase a non-wetland site which would satisfy all of the
applicable regulatory restrictions for livestock operation site selection. There
are numerous local, state, federal, and industry setback requirements regarding
King
Page 2
November 7, 1994
the placement of animal operations in the proximity of residences, other
animal operations, adjacent properties, and boundary lines. All other alternate
4te locations considered by the applicant did not satisfy the minimum setback
requirements established by various regulatory agencies for the construction of
an animal operation facility.
Specifically, my client has no other practicable alternative to the
placement of fill material within wetlands to facilitate the development of an
animal operation on his property. The construction of the proposed livestock
buildings, at any location on his property other than the one proposed, would
result in a potential health risk to the public or neighboring animal operations.
In addition to providing you information supporting my client's
position, I have also provided you an additional site plan which should be
helpful in your review of the pending 401 Certification.
Thank you for the opportunity to respond to your request and comply
with your Division's policies and guidelines. Please review this information and
contact me as soon as possible regarding your position on this project.
SS-?ely,
Gary . Mitchell
President
.r?
DEM ID: + I I ACTION ID:
Nationwide hermit Requested (Provide Nationwide Permit
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
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY. .
P.O. Box 1890
Wilmington, NC 28402-1890
ATM: CESAW CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL
NC DEPARTMENT.OF ENVIROND
AND NATURAL RESOURCES
P.O: Box 29535
Raleiggh, NC 27626-0535
AM: MR. JOHN DORNEY
Telephone [phone]

om- -- 51994
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• _ ??1?1 III
2. Owners Address: 20_UJ E Ui I'l i can , PC,. B A%6
3. Owners Phone Number (Home): (Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone numbe r:
czr
S. Location of work (MUST ATTACH MAP). County: cl) n J S 0,-\
Nearest Town or City: Y_1 I 0 ?1 C
Specific Location (Include road numbers, landmarks, etc.):_ Ly?s'r DF cu N)T-C) J ?xa LT,14 or-
[2-b U?) AcN M 1?; AYY1i1SOn`'7a N . G Souk -5 1 ill` c>4=
F) r2- (ol 2
6. Name of Closest Stream/River. _( 6 WA,4 W-Af3(>
7. River Basin:
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS H? YES [ ] N
9. Have any Section 40,4 permits been previously requested for use on this property? YES [ ] NO V.
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
11. Number of acres of
Filled
Drain
Flood
Excai
Total
ters of the U.S., including wetlands, impacted by the proposed project:

12. Description of proposed work (Attach PLANS-8 1/2" 11" drawing only): I
1 ,
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1, u?re,
13. Purpose of proposed work: 0116k, -?\AAA-ms V('? ?oy C tt t. o v\
14. State reasons why the applicant be' ves tha this activi t e corned out 'n wetlands. A o, npte, measures
taken to minimize wetland impacts. All P+iLll . (A u %(A e I? rWn r be n
('? .1 - . - I VQ
\JV1I%1e \ Yo G eb, a nti\te. ' Y c? orb
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Sbivice'
(NMFS) regarding the presence or any Federally listed or proposed for listing endangered or threatened speci s or critical
habitat in the permit area that may be affected by the proposed project. Have you done so? YES [v NO [ ]
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 f historic
properties in the permit area which may be affected by the proposed project? Have you done so? YES [T 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. o n ? A( 0 S R UE
B. If available, representative photograph of wetlands to be impacted by project. N ?A
C. If delineation was a formed by a consultant, include all data sheets relevant to the placement of the
delineation line. OY) ?'k, vlk USat?L
D. If a stormwater management plan is required for this roject, atta h copy.
E. What island use of surrounding property? v yn W o 5' CI\'N'
F. If applicable, what is proposed method of sewage, disposal?
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DATE: 08/04/94 D
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