19960879 Ver 1_COMPLETE FILE_19960910

USDA NATURAL RESOURCES 806 NORTH STREET
CONSERVATION SMITHFIELD, NC 27577-9998>
SERVICE TELEPHONE [phone]
February 10, 1997
John Dorney
DEHNR
Division of Water Quality
P O Box 29535
Raleigh, NC 27627-0535
Dear Mr. Dorney:
j
oN??Tq[ SOjFN?,
?s
On September 3, 1996, I mailed you documentation from the US Army Corps of Engineers
and 5 copies of the Pre-Construction Notification Application for a revised request from
Mr. Rudolph Howell for construction of an irrigation pond.
Mr. Howell has originally requested to construct an irrigation pond that would affect 0.3
acres, then he revised his request to increase the size affecting 0.95 acres of wetland.
The Pre-Construction Notification Application forms were mailed in with the revised
request.
To date, I have not received a response to this request. Please let me know the status of
this request. I retained copies of the documentation if your copies were lost in the Fran
confusion. I'm sure you have been swamped with work relating to the hurricane.
Your prompt attention to this request will be greatly appreciated.
C • ?w
",_" Kenneth C. York
District Conservationist
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Govemor
Jonathan B. Howes,Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Rudolph Howell
8 Country Club Road
Smithfield, NC 27577
Dear Mr. Howell:
A4
r ?.
ED F= F=1
September 19, 1996
Johnston County
DWQ Project #-960M
q6 p X79
You have our approval to excavate 0.95 acres of wetlands or waters for the purpose of constructing an
irrigation pond at your farm in Johnston County, as you described in your application dated 27 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,
??
e on Howar iP? P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Dorney
Central Files
960770.1tr

Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Aff irmative Action Employer • 50% recycled/10% post consumer paper
USDA NATURAL RESOURCES 806 NORTH-STREET'
?? CONSERVATION SMITHFIELD, NC 27577-9998
i SERVICE TELEPHONE [phone] VED
August 6, 1996
John Dorney
DEHNR
Division of Water Quality
P.O. Box 29535
Raleigh, NC 27626-0535
Dear Sir:
FW RONIENTAL SCIFNr,Fr
RRA N!`I COQ ?!VYIh
9607? 0
Mr. Rudolph Howell, of 8 Country Club Road in Smithfield, requested a
401 Water Quality Certification for a proposed 3 acre irrigation pond
from your office in January, 1996. The pond was to affect 0.3 acres
of wetlands.
Mr. Howell ants to increase the size of the pond to where it now
will affec 0.9 acres of wetlands.
Mr. Howell' arm will justify the size of this farm for irrigation
purposes.
I have attached documentation from the US Army Corps of Engineers for
the revised request.
I need a copy of the 401 Water Quality Certification or written
documentation that this proposed project is exempt. This information
is needed to process a Converted Wetland for Non-Agriculture use
request for Mr. Howell to prevent him from losing U.S.D.A Program
benefits.
Your prompt attention to this request will be greatly appreciated.
Kenneth C. York
District Conservationist
enclosure

Regulatory Branch
Subject.: Action ID No
July 31, 1996
199506092, Farm Pond Exemption
Mr. Rudolph Howell
1.41 South Third Street
Smithfield, North Carolina ?,/ 7
Dear Mr.. Howell:

Reference is made to our letter dated January 4, 1996,
confirming that your proposed construction of a 3-acre farm pond
on your property, involving impacts to 0.3 acre of jurisdictional.
wetlands, is exempt from regulation by Section 404 of the Clean
Water Act. Specifically, your property (Farm Tract No. 8544) is
located on the north side of S.R. 1009, above the headwaters of
an unnamed tributary to Hannah Creek, approximately 14 miles
southeast of Smithfield, in Johnston County, North Carolina.
Reference is also made to a July 23, 1996 letter from Mr.
Kenneth York, Natural Resources Conservation Service (NRCS),
advising us of your intentions to expand the proposed pond to
3.65 acres (total), thereby increasing wetland impacts from the
original request of 0.3 acre to 0.95 acre.
The NRCS has determined that your proposed 3.65-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 [phone], Extension 24.
Sincerely,
FILENAME: fphowel.wpd
CESAW-CO-ER/MANUELE/AS
CESAW-CO-ER/JOLLY/s
CESAW-CO-ER/SMITH/
MAIL
CESAW -CO-E/FILLS
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 Box 1052
Smithfield, North Carolina 27577-4194
USA NATURAL RESOURCES 806 NORTH STREET
CONSERVATION SMITHFIELD, NC 27577-9998
SERVICE TELEPHONE [phone]

September 3, 1996
John Dorney
DEHNR
Division of Water Quality
P O Box 29535
Raleigh, NC 27626-0535
Dear Sir:
oov
6
Mr. Rudolph Howell of 8 Country Club Road in Smithfield, requested a 401 Water Quality
Certification for a proposed 3 acre irrigation pond from your office in January, 1996. The
pond was to affect 0.3 acres of wetlands.
Mr. Howell now wants to increase the size of the pond to where it now will affect 0.95 acres
of wetlands.
Mr. Howell's farm will justify the size of this farm for irrigation purposes.
I have attached documentation from the US Army Corps of Engineers for the revised request.
I have also attached 5 copies of the Pre-Construction Notification Application.
I need a copy of the 401 Water Quality Certification or written documentation that this
proposed project is exempt. This information is needed to process a Converted Wetland for
Non-Agriculture use request for Mr. Howell 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
r a• ^`? 1 ` I
bpg?9
DEM ID:
NATIONWIDE PERMIT REQUESTED
0
CORPS ACTION,. I): l ! r k/ O? O 9?
(PROVIDE NONWIDE PERMIT #) ?C lC'eiND?
PRE-CONSTRUCTION NOTIFICATION APPLICATMOND
FOR NATIONWIDE PERMITS THAT REQUIRE:
1)
2)
3)
NOTIFICATION TO THE CORPS OF ENGINEERS
APPLICATION FOR SECTION 401 CERTIFICATION
COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME : Akao//owe I'
2. MAILING ADDRESS: 0 C'oV C/lib Pond
SUBDIVISION NAME:
14ld STATE: /V C ZIP CODE: 7577
CITY: ?.5
ml -
PROJECT LOCATION ADDRESS, INCLUDING SUB IVI Looo N NAME 1? (IF DIFFERENT FROM
MAILING ADDRESS ABOVE) : Ap ??(e C S iS96Ve headw kfs o-IC
L/II ?AfI/ 4., 1&.w.l ( /'IDll / oolf. L ( m !e_S
3. TELEPHONE NUMBER (HOME) C9r9)43?1- S2O8 (WORK)
11en I I 1
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE): '/ ?; COUNTY: A-AAS?A NEAREST TOWN OR CITY: L5onf'4tj'e lot
ke.34b. (211.
ki 1 0-1996
ENVIRONMENTAL SCIENOEB
nnA?rH
N?
cu.fy.)
1
r
SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC .) : fAzm LS 4*kcf ?- .15!14 /off' ^ ork. ^004k 6140
;ku+CL.(V Ole
-pXm 4-4 el- (d ;
kor ezo(,,,ta
6. IMPACTED OR NEAREST STREAM/RIVER: aA0to?MltJ naKn A. Creek
RIVER BASIN: /l)eu$e. AVe,r
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDI G RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES [ ] NO [Vr IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [Pi"'
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHET IS THE LAND USE PLAN (LUP) DESIGNATION?
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ] NO IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION):
8b. ARE ADDITIONAL PERM T REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO [?< IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 1615
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
Aetoy' X 00
2
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: O - O EXCAVATION: 0.55
FLOODING:
DRAINAGE:
OTHER: le-A I Prop osed 9044 a reo- a?Dw c . 3, 6 Jr ac•'e?
- I T
TOTAL ACRES TO BE IMPACTED: 0'q 5-
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE:
AFTER: FT
WIDTH BEFORE (based on normal high water contours):
WIDTH AFTER:
AVERAGE DEPTH BEFORE: FT AFTER:
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION:
CHANNEL EXCAVATION:
OTHER:
PLACEMENT OF PIPE IN CHANNEL:
CONSTRUCTION OF A DAM/FLOODING:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND? 020 acre 5
WHAT IS THE EXPECTED POND SURFACE AREA? 3.? acres
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANIC 2L EQUIPMENT Tp BE USED ( TTACH,PLANS: 8 1/2" X 11" DRAWINGS
ONLY) : A 4CC.e55 ('cMd CLCr SS Gxfha of 4e 4W &S+vec? .n el a n- ' 44
;/I /e ne-eded * venal (e access Sihce 7fic' e.K•sf?.?.. road 4>i
wed /`+ ?S iilC ?? ep A),// 6c z n sAdt k uAd e r `+ t -rao d ? a /1o cJ
jG acceS5 ©1C ayajer -fibo" wc4-ta.1d Dbr?e? ,.? ?+%??es oil ???g?i ?a?e.?
_0
13. PURPOSE OF PROPOSED WORK: Pord aJ;bP uS@4l ?r #'r.-,,Qca
3
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (I CLUDE ANY MEASURES J KEN O MINI IZE WETLAND
)
?
IMPACTS) :
?XC&yai aD? no-e4s > 6, ?Ca O T
OOO iOc
;A
?
S r t?Q ?o Or a! i ode ? ctrtoux.-f o'? tJa ? rt e eo??

15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT
IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: f - a !r ` g a (ATTACH RESPONSES
FROM THESE AGENCIES.) Wt usFVS l?iCL .{E?Er Nct ooGkw? 'YTiv^?
Ir i T'I/ Tr'f{ GWNA} Q a-6(go r-
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: 9-Al- fG
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES [] NO Lk (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [I NO [
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [I NO (I
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
4
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
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. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN /IF/REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
el c+?td c,Joo?la..._d
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMtNT
PROGRAM.
U l "7
OWNER'S AGENT'S SIGNATURE
DATE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
5

July 31, 1996 ??CJ
Regulatory Branch
Subject: Action ID No. 199506092, Farm Pond Exemption
Mr. Rudolph Howell
141 South Third Street
Smithfield, North Carolina 27577
Dear Mr. Howell:
Reference is made to our letter dated January 4, 1996,
confirming that your proposed construction of a 3-acre farm pond
on your property, involving impacts to 0.3 acre of jurisdictional
wetlands, is exempt from regulation by Section 404 of the Clean
Water Act. Specifically, your property (Farm Tract No. 8544) is
located on the north side of S.R. 1009, above the headwaters of
an unnamed tributary to Hannah Creek, approximately 14 miles
southeast of Smithfield, in Johnston County, North Carolina.
Reference is also made to a July 23, 1996 letter from Mr.
Kenneth York, Natural Resources Conservation Service (NRCS),
advising us of your intentions to expand the proposed pond to
3.65 acres (total), thereby increasing wetland impacts from the
original request of 0.3 acre to 0.95 acre.
The NRCS has determined that your proposed 3.65-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
%-
Atf 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 [phone], Extension 24.
Sincerely,
FILENAME: fphowel.wpd
CESAW-CO-ER/MANUELE/AS
CESAW-CO-ER/JOLLY/s
CESAW-CO-ER/SMITH/
MAIL
CESAB.-CO-E/FILLS
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 an(.
Inspections Department
Post Office Box 1052
Smithfield, North Carolina 27577-4194