19960898 Ver 1_COMPLETE FILE_19960917

State 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
C) FE F=1
November 26, 1996
Nash County
DWQ Project # 960898
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Jerry Dickerson
7060 Strickland Road
Bailey, NC 27807
Dear Mr. Dickerson:
You have our approval to place fill material, flood and excavate 3.0 acres of wetlands or waters for the
purpose of constructing an irrigation pond at farm tract #170 near SR 1134, as you described in your
application dated 11 November 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 except as
modified below. If you change your project, you must notify us and you may be required to send us a new
application. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be
valid, you must follow the conditions listed in the attached certification and any additional conditions listed
below. Excavation of these wetlands shall be minimized as shown on your plans dated 11 November 1996.
In addition, you should get any other federal, state or local permits before you go ahead with your project
including (but not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water
Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA permit
expires unless otherwise specified in the General Certification.
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,
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Mr. John Dorney
Central Files
ston P.E.
960898.1tr
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
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
Mr. Jerry Dickerson
7060 Strickland Road
Bailey, NC 27807
Project #960898
Nash County
Dear Mr. Dickerson:
&b,4
Admom
ED F== F1
October 30, 1996
The Division of Water Quality, Water Quality Section has reviewed your plans for the
discharge of fill material and flooding 3.0 acres of waters and/or wetlands located at Farm Tract
#170 on SR 1134 in Nash County for construction of an irrigation pond. Based on this
review, we have identified significant uses which would be removed by this project. These
uses are pollutant removal and wildlife habitat. Furthermore, insufficient evidence is present in
our files to conclude that your project must be built as planned in waters and/or wetlands.
Therefore, we are moving toward denial of your 401 Certification as required by 15A NCAC
2B.0109. Until we receive additional information, we are 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 irrigation pond without excavating the
two uppermost arms of the pond? Any documentation such as maps 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 Mr. Danny Smith at the Raleigh Regional Office at P.O.
Box 27687, Raleigh, NC 27611. If we do not hear from you in two weeks, we will assume
that you no longer want to pursue this project and we will consider the project as withdrawn. I
can be reached at 919-733-1786 if you have any questions.
cc: Raleigh DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
Sincerely,
4er 4QualityyZertif i iaeon Program
960898.nty
Division of Water Quality • Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 • Telephone [phone] • FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
4
November 11, 1996
Jerry Dickerson
7060 Strickland Road
Bailey, N. C. 27807
Mr. John R. Dorney
Water Quality Certification Program
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N. C. 27626-0535
Project #960898
Nash County
Dear Mr. Dorney:
oil-
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~?TV• 96
After going over the site and drawing on project #960898,
I have come to the conclusion that the proposed drawing is some
what incorrect in so far as the two uppermost arms are drawn.
As far as I can see, the arm on the north is incorrectly listed
as a arm when in fact the main stream bed goes almost straight
bearing slightly to north. The arm going to the south is drawn
farther to the south on the map than it actually is. I am
correcting the drawing and high-lighting the changes on the old
drawing. This will not change the proposed dam site or depth of
water at the dam but will change the arms and will minimize the
excavation of these waters or wetlands.
I hope this will change your outlook on this project. The
time element is very important due to the fact we had hoped to
have the project ready for irrigation of our crops in 1997.
However, we do not think this will change any amount of coverage
on the water - anything under three acres will not be sufficient
to irrigate our farms. There does not seem to be any other practical
way to do the project. We hope you will review the last proposal
and allow us to go forward with our project. We appreciate any
suggestions or alternate plans you may be able to come up with.
Please feel free to call me concerning this matter at [phone].
incerely y ,
C.';71erry Dicerson
cc: Danny Smith
Raleigh Regional Office
P. 0. Box 27687
Raleigh, N. C. 27611
P. 2
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DEM ID: 96089
CORPS ACTION ID:
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): a r'
PRE-CONSTRUCTION NOTIFICATION APPLI XQN
FOR NATIONWIDE PERMITS THAT REQUIRE:
'S SEP ? f 19?k?
1) NOTISICATION TO 'L'IDS CORPS OY ZNGn=ZRS
2) APPLICATION rOR SZCTION 401 CZRT17ZCATION
3) COORDINATION WITS 'L'IDS NC DIVISION Or COASTAL j^
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:
2. MAILING ADDRESS: ?L'AX.N
SUBDIVISION NAME: %-A I a -
CITY: ? i- - STATE: -",Q- ZIP CODE: -n-lk$ ?_
PROJECT LOCATION ADDRESS, INCLUDING S¢BDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE) : ?h?•-?+?c?? 1?? ??JQ , ?+`? 4\ae oSr
3. TELEPHONE NUMBER (HOME) : (-0105 (WORK)
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
1 %-16X-
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY : tAo?gN-1 NEAREST TOWN OR CITY :
1
O

SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.):
)-o S.R , m V v \t Sic : k \n-& %&.-%
0-yN N*- K 4nik! (l'4

6. IMPACTED OR NEAREST STREAM/RIVER: e
N p `c.v p c
RIVER BASIN:
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HOW), OUTSTANDI G RESOURCE WATERS (ORW), WATER
.????..
SUPPLY (WS-1 OR WS-II) ? YES [ NO Clpf- IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES.)..;\WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ J NO [a? IF YES, PROVIDE ACTION 1. D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL )INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION).:
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ J NO [•-r IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND : co.
9b. ESTIMATED TOTAL
Cl-c NUMBER OF ACRES
ripe- OF WETLANDS LOCATED ON PROJECT SITE:
2

10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 111 (O-S &?1." EXCAVATION: N -1A
FLOODING: 0., -3 C C-7 OTHER: fA
DRAINAGE . ILL /A TOTAL ACRES TO BE IMPACTED : 3 .'V
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: FT AFTER: FT
WIDTH BEFORE (based on normal high water contours): 3 ' ? FP
WIDTH AFTER: 3 y ? - '•^ oS. ,?-?.c? FT
AVERAGE DEPTH BEFORE: 10 AFTER: E'T
(2) s REAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: .. CONSTRUCTION OF A DAM/FLOODING: .?
OTHER:
SKI. IF CONSTRUCTION OF A POND IS PROP( ED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND? ?-
WHAT IS THE EXPECTED POND SURFACE AREA? 3 n f p'? --
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY) ^ .?,._ ?. ?-. r ?r'. rre? oC '?c c \ A a '\ cr •rti _ _ ?., ?? \K \O
13. PURPOSE OF PROPOSED WORK: To c?? ?? o •?c \c•a? ?? ?oc co.??
3
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
C e?r.Stc-v.c_ '?n•
IMPACTS) : `Ctc'c n `o?? : ar t.Qc!,,&& \OP ``M^ 4.
Q 4At' .r icrr?r.cw n ?1. ?? m en u?C.& oxn\" W u ? A, "
ore v L i Q Qgw% ft k a o u "-k e- Ol? N'--ak o lr lu. nd VON'% 0
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: (ATTACH RESPONSES
FROM THESE AGENCIES.)
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:-
, I\
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE. OF
PUBLIC (STATE) LAND?
YES [ ] NO 611"1IF 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 [ ] NO ( ]
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [ ] NO [ ]
IF ANSWER TO 17b 13 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

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?oyQ? q
Y?
U
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATER=
INTO WETLANDS:.
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, IS, 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 F REQjIREE I
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Az PA Aw ??UnZY.I
t. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
.-A "
q. 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 TWMTY COASTAL COUNTIES ONLY) , A LETTER FRAM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.
/"1 r .
C R OVAGENT'S SIGNATURE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18q.))
`3 /a -s 6
DATE
5

MEMORANDUM
P0: JOHN DORNEY
ENVIRONMENTAL SCIENCES BRANCH
PRINT NAMES:
wry
Reviewer:
WQ SUPV.:
DATE:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE)
PERMIT YR:
APPLICANT NAME:
PROJECT TYPE:
COE #:
RCD_FROM _CDA:
REG OFFICE:
96 PERMIT NO: 0000898
JERRY DICKERSON
IRRIGATION POND
APP
RRO
ZIVER AND SUB BASIN J: 030407
STREAM-CLASS: WSIII
?l
WL_IMPACT? :C N
WL_REQUESTED: ?•c?
WL_SCORE M :
MITIGATION?: Y? &
COUNTY: NASH
PERMIT TYPE: NW26
DOT #:
DATE FRM CDA: 09/17/96
STR INDEX N0: 27-86-11-
WL_TYPE:
WL ACR EST?
WATER IMPACTED BY FILL?:5/N
MITIGATION TYPE :/v
MITIGATION SIZE: /VV DID YOU REQUEST MORE INFO?: Y/
IS WETLAND RATING SHEET ATTACHED? ON
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Yo
RECOMMENDATION (Circle One): I UEIISSUE/COND DENY
COMMENTS:

c:, Regional Office
Central Files
of -z ?? ?Q UG?Z??LI?G?v/rev

t I
Name
?2r e ?1i?
>I
I?
? Pine savanna
? Freshwater r
? Estuarine frir
? Ephemeral w
? Pocosin ? Carolina Bay
*The rating system cannot be applied to salt or brackish marshes or stream channels
or evaluator
? Bottomland hardwood forest
Headwater forest
? Swamp forest
? Wet flat

- weight ;
- ' Water storaoe x 4.00
Wetland Score
-- Bank/Shoreline stabilization' x 4.00 = -
Pollutant removal x 5.00 = !?'Y
Wildlife habitat
x 2
00
.
Aquatic life value x 4
00
.
Recreation/Education x 1
00
.
Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within 1 /2 mile upstream, upslope, or radius ;

State of North Carolina
Department of Environment,
Health and Natural Resources A
M"!AA
4 0
Division of Water Quality
James B. Hunt, Jr., Governor AdIllho
Jonathan B. Howes, Secretary C) E Ft
A. Preston Howard, Jr., P.E., Director C r1
© &0 64, 2a 1996
Q Co my
DWQ Project 896
APPROVAL of 401 Water Quality Certification
Mr.

Dear Mr. gyp'
. l'
You have our approval to acam- ffr 3. acres of wetlands
or waters for the purpose of at , as you described in
your application dated After reviewing your app1. + don, we have decided that
this fill is covered by General Water Quality Certification Number - ?L This
certification allows you to use Nationwide Permit Number 2-(0 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 Dorsey at 919-733-1786.
Sincerely,
Attachment
A. Preston Howard, Jr. P.E.
cc: Wilmington District Corp of En 'neers
Corp" f Engineers _ u \ Field Office
DW Regional0fce
Mr. John orney
Central Files
.ltr
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