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Home My WebLink About19960845 Ver 1_COMPLETE FILE_19960830State of North Carolina Department of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Mr. David G. Herring P.O. Box 224 Newton Grove, NC 28366-0224 Dear W. Herring: A LTz.W*W4 IT4 I D EHN1? September 18, 1996 Johnston County DWQ Project # 960845 You have our approval to fill in 0.32 acres of wetlands or waters for the purpose of pond construction at SR 1122, as you described in your application dated 28 August 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, HIV J- sto oward, Jr. P.E. Attachment _ _ cc: Wilmington District Corps of Engineers Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office Mr. John Dotney at Central Files 960845.1tr Division of Water Quality • Environmental Sciences Branch Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper c USDA. NATURAL RESOURCES 806 NORTH STREET CONSERVATION SMITHFIELD, NC 27577-9998 SERVICE TELEPHONE 919-989-5381 August 28, 1996 John Dorney DEHNR Division of Water Quality P.O. Box 29535 Raleigh, NC 27626-0535 Dear Sir: q? Mr. Ricky E. Herring of 1154 Woods Crossroads Road in Benson is requesting 401 Water Quality Certification for a proposed irrigation pond. The pond will affect approximately 0.3 acres of wetlands. Part of the clay from this pond construction will be hauled offsite to line an animal waste lagoon. The remaining spoil will be spread on high ground. Documentation from the US Army Corps of Engineers is attached. I need a copy of this 401 Water Quality Certification or a written document stating that this proposed project is exempt. This information is needed to process a Converted Wetlands for Non Agriculture use request for Mr. Herring to prevent him from losing USDA Program benefits. Your prompt attention to this request will be greatly appreciated C'?? Kenneth C. York District Conservationist enclosure C (C? ?cr DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO r, ATTENTION OF cw August 27, 1996 Regulatory Branch Subject: Action ID No. 199602319, Farm Pond Exemption Mr. David G. Herring Post Office Box 224 Newton Grove, North Carolina 28366-0224 Dear Mr. Herring: ,n Reference the August 22, 1996 letter to Mrs. Jean B. Manuele of my Raleigh Field Office staff from the Natural Resources Conservation Service (NRCS) regarding your proposed construction of a farm pond adjacent to an unnamed tributary to Mill Creek on your property, Farm Tract #3919 (approximately 86 acres), located off S.R. 1122, approximately 0.5 mile from the junction of S.R. 1132, north of Newton Grove, in Johnston County, North Carolina. The NRCS has determined that your proposed 0.32-acre pond is of a reasonable size for its intended use. Construction of farm or stock ponds is exempt from regulation by Section 404 of the Clean Water Act provided the work does not convert an area of waters of the United States to a use not previously served, and the flow or circulation of waters of the United States is not impaired or the reach of such waters is not reduced. Please note that the second restriction stated above requires excavated materials to be placed on adjacent high ground where possible. If excavated materials must be placed within wetlands, this material can only be placed in discontinuous piles, thereby allowing for the free exchange of water between the pond and adjacent wetlands. A Department of the Army (DA) permit will not be required for construction of your pond provided your work meets these stipulations. If you have questions, please contact Mrs. Jean B. Manuele, Raleigh Field Office, telephone (919) 876-8441, Extension 24. Printed on 9 Recycled Paper I& -2- Sincerely, ?/? ??gt S. Kenneth Jolly Manager, Raleigh Regulatory Field Office Copies Furnished: Mr. Kenneth C. York District Conservationist Johnston County Natural Resources Conservation Service 806 North Street Smithfield, North Carolina 27577 Mr. Calvin Genereux Planning Director Johnston County Planning and Inspections Department Post Office Sox 1052 Smithfield, North Carolina 27577-4194