19960649 Ver 1_COMPLETE FILE_19960705

."O-'?tate of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Presto n Howard, Jr., P.E., Directo r
A74?EHNF=1
July 17, 1996
Bladen County
DWQ Project # 960649
APPROVAL of 401 Water Quality Certification
Mr. Clifton Ray Kinlaw
10345 NC 242 Hwy South
Bladenboro, NC 28320
Dear Mr. Kinlaw:
You have our approval to place fill material and flood in 0.05 acres of wetlands or waters for the
purpose of constructing a pond at your firm, as you described in your application dated 5 July 1996. 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 Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone John Dorney at 919-733-1786.
Sincerely,
P.ston How, d, Jr. P.
Attachment
cc` Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DWQ Regional Office
Mr. John Dorney
Central Files
Saul Warren; Bladen NRCS
9606491tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
C:z;.
060649
DES ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): 401 ISSI En
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
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
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. rr j?
1. Owners Name: ?/ tn>v ui nl l a???
2. Owners Address: 10315- N C d q q H U! V S D ul l,
3. Owners Phone Number (Home): (q l y) & 4 g- tl & j I (Work): ?9l C) F& 3 - .? aC/ ?1
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: ?1??cCe ?%'
Nearest Town or City: _-131l C60 6 f 0
Specific Location (Include road numbers, landmarks, darks, etc.): 7 mi I ES) 61 C1 z A 64-h - tw ai ari
f10:V dqa CtS E--A,.4- SiC?r in-r t fTt? , C1r40 i?iJA ROAr'l SiQ;V Al r(riy`iUi?V
6. Name of Closest StrearnlRiver: C I bsP-s k lue-r u o ld ?P a De 4e-al'
7. River Basin:
8. Is this project located in a watershed classed as Trout, SA, HQW, ORW, WS I, or WS II? YES [ J NO [?9
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [)J
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: . j
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained:
Flooded:
Excavated:
Total Imvacted: -
i A C_
RECEIVED
JUL 05 m6
ENVIRONMENTAL SCIENCES
e %ICN,
12. Description of proposed work (Attachep PLAINS-8 1/2" X 11" drawings only):
13. Purpose of proposed wor
nJ
14. State reasons why the applicant believes that this a
taken to minimize wetland impacts. L ; - e
must be carried out in wetlands. Also, note N
2 _ h ; w. oa ?4- S O , w e-4 19 5
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 )fisted 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[
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? ROr L.3 C ra xDs
F. If applicable, what is proposed method of sewage disposal?
Owne s Signature- Date

PLAN TO CONVERT NVETLAPsIDS FOR NON .AGRICULTURAL USES
(see instructions on reverse side)
Date - 2 6 -q
Name
Contact Person Name Telephone No. X (, Z -3C? Z 'Z
Contact Person Address --L Q 3 q5 /1G 7 `{2 5 Farm No. 16 5
F(ciAe,? Log-C2 , AfC 22S2-0 Tract No. -tF 3?, 7 3
Wetland Acreage D
Present Land Use /t,ypcQt Planned Land Use ?rl- a
Describe the condition of the area that you plan to convert. / V16OAecg
1745 f /?Qn oyt? `L'?G y Gar-.IS
Non-Agricultural Purpose (For example: Aquaculture, houses, road, etc.) Pu-;-7
Anticipated date alterations will be complete & plan implemented. ' Z 6 -9:?
Planned Cover for the Area &V 4
Explain why it is necessary to alter wetlands for this project (attach additional sheet if ueeded - s ^uote ou buck)
r
`f w
.F ` .,1

What measures have been taken to avoid or minimize the loss or effect on N%*etiands R,-,& C--"-
-1 12 Cv?. ? M. c`,? t G- C. v U n Cr n
7 0^r.. t.v • C.t, e,j t'4L V G- ? c.-e.[ ,
Oiher:Comments (add anything you feel will be important to the approval of this plan) r
Producer's Signature
Plan Approved:
Plan NOT Approved
Conditions for Approval
V,
F
Date, Y?
With Conditions
Signature of District Conservationist
Date (!t' ?- ??
r
Tenus of Approval
1. This exetuptiou is valid fora period of three (3) years follo%%iu; date of approval by Mitrict Cosmrvatiouist. If ylauued
activity is not cowpleted by this date. This exetuption i< void. Producer way re-apply for a new C1YNA.
3. Failure to follow the approved plant will cause the area to becoute couveriLd wethwd and a violation of the wedwid
provisiums of the 19911 Farw Bill.
3. 71tLs exetuptiun is for Food Security Act pure osei only. Other state wid/or Federal Penuiu may be required. The Conti of
.......,t ... TV ._.6...:.... ...... -1 Activities.
Aft) As submitted

PROCEDURES FOR REQUESTING A CONVERTED WETLAND FOR
NON AGRI ULTURAL USE EXEMPTION
The Food and Agricultural Trade Act of 1990 (FACTA) provided wetland exemptions for non
agricultural uses of wetlands. Some of these uses include ponds, buildings, roads, vineyards,
etc. In order to receive this exemption, a person must complete an application form at the
local NRCS office. In addition to this application, the person must also provide copies of any
additional permits that.may be needed. Generally, permits from the US Army Corp of
Engineers and the NC Division of Environmental Management are needed whenever activities
are planned in wetlands.
Listed below are the names and addresses of the contact people for each of these agencies.
Generally, at a minimum, each agency requires that the request be in writing and be
accompanied by an aerial photograph showing the wetland areas and copy of a county road
map indicating the location of the land. Additional information may be required depending
upon site conditions.
Mr. Ernie Jahnke
U. S. Army Corps of Engineers
P O Box 1890
Wilmington, N. C. 28402
Mr. John Dorney
Water Quality Section
Division of Environmental Management
NC Department of Environment, Health, and Natural Resources
4401 Reedy Creek Road
Raleigh, NC 27607
Telephone [phone]
The applicant is advised to contact all agencies as earlier as possible since each agency has
review requirements and time schedules affecting the granting of wetland`permits. Once
letters granting approval for the wetland alteration are received from the Corp and DEM, the
person should provide the NRCS office with copies of the permits so that processing of the
CWNA exemption can be completed. No clearing should be started until written notification
is received from NRCS granting approval of the CWNA request.
NOTE: The NRCS is required to send all CWNA requests to the US Fish and Wildlife
Service (USFWS) for review. A representative from the USFWS may request additional,
information from the contact person listed on the reverse side of this form if this information is
needed for, them to make a determination of eligibility for the CWNA exemption.
Wetlands are important for providing fish and wildlife habitats, for maintaining ground water
supplies and water quality, for storing floodwaters and trapping sediments that can pollute
waterways, and for providing opportunities for recreation. All efforts should be taken to avoid
or minimize any impacts to existing wetlands.
U.S.D ASCS-CPA-026 1. Name and Address of Person `` 2. Date of Request
Sol onser%krn Se?vice (June 91) C.l•t?k?^ l WN1 la_w
HIGHLY ERODIBLE LAND AND WETLAND o3?S NC Z_?Z S. 3. County nn
CONSERVATION DETERMINATION \ o.v'13o, o) P-1Q- z$3Zp 1??adl-e r,
4. Name of USDA Agency 9r Person Requesting Determination 5. Farm No. and Tract No.
Joe # 1.6 S3 7* 36 73
SECTION I - HIGHLY ERODIBLE LAND
FIELD NO.(s) TOTAL ACRES
6. Is soil survey now available for making a highly erodible land determination? Yes IN 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.
10. This Highly Erodible Land determination was completed in the: Office 14 Field ?
SECTION II - WETLAND
FIELD NO.(s) TOTAL ACRES
? Yes)] N
11
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12. Wetlands (W), including abandoned wetlands, or Farmed Wetlands (FW) or Farmed Wetlands Pasture (FWP).
Wetlands may be farmed under natural conditions. Farmed Wetlands and Farmed Wetlands Pasture may be
farmed and maintained in the same manner as they were prior to December 23, 1985, as long as they are not
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 unless
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 infields 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 ? field Rf and was delivered? mailed(tZ't 76
o the person on
28. Remarks.
29. 1 certify that the above determination is correct and adequate for use in determining 30. Signature of SCS Distr' t Conservationist 31. Date
eligibility for USDA program benefits, and that wetland hydrology, hydric soils, and
hydrophytic vegetation under normal circumstances exist on alt areas outlined as ( • ? Z 2- 6
Wetlands, Farmed Wetlands, and Farmed Wetlands Pasture. C
Assistance and programs of the Soil Conservation Service available without regard to race, religion, color, sex, age, or handicap
SCS Copy
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