19960194 Ver 1_COMPLETE FILE_19960221

Mitchell and Associates, Inc.
E n v i r o n m e n t a l C o n s u l t a n t s
128 N, Harding Street • Greenville, North Carolina 27858 • 919 - 752 -.400777 • Fax: 919 - 752- 7380
April 25, 1997
i
' Mr. Clifford H. Winefordner
Chief, South Section
United States Army Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-18901
Dear Mr. Winefordner:
P?
e
499
?s
This letter is in reference to your April 21, 1997 cease and desist
correspondence, and an April 11, 1997 site visit by Messrs. Jeffrey Richter,
Scott McClendon and Ernest Jahnke to property owned by Mr. J.M. Massey
(Action ID No. 199704092), located on the north side of U.S. Highway 13,
- approximately 3 miles from the town of Newton Grove, Sampson County,
North Carolina.
During the course of our meeting, it was asserted that excavated material from
the initial +/- 100 feet of ditch on the east side of the property was deposited
in wetlands, and in addition, approximately one-quarter acre of wetland in the
southeastern corner of the tract had been mechanically land-cleared.
I informed the members of your staff that Mr. Massey had began site
preparation along a portion of the wetland boundary that had previously been
approved by Mr. Matt Flint during an onsite visit with myself in early October,
1995. During further discussion, I was informed that a delineation of the
property without written concurrence would not be relied upon by members of
your staff, in regards to D.A. jurisdictional limits As discussed onsite, Mr. Flint
was contacted to provide guidance in dealing with the exceedingly difficult
nature of the project site (soil types, previous logging, etc.) with respect to
determining the jurisdictional limits. During the course of my meeting with
Mr. Flint, he agreed with the noted portion of the delineation, with the
exception of a previously over-looked upland island discovered during our
onsite investigation. He requested that the delineation be completed, the lines
surveyed, along with the existing property boundaries, and a future onsite
meeting scheduled in order to finalize the approval process. I felt that Mr.
Flint had provided documentation of his concurrence with the noted portion of

the delineation, but did not have this documentation in hand during our recent
meeting. Upon a subsequent review of our files, I located correspondence from
Mr. Flint (Action I.D. No. 199600296) dated November 6, 1995, indicating
his concurrence with the portion of the wetland boundary we examined,
including a field sketch of the lines examined for his inspection and provided
for Mr. Flint's use.
Upon completion of mapping, Mr. Massey determined that insufficient high
ground existed for his development plans. He then purchased an adjacent
parcel, and proceeded with the delineation and mapping process of this
property. During this time, Mr. Flint, due to other employment, was unable to
return to the site. The extent of my client's construction activities in the
noted portion of the property were based upon this previous concurrence with
our wetland boundary determination. It was Mr. Flint's prior approval of this
wetland boundary that Mr. Massey based his subsequent construction
activities upon. With respect to Mr. Flint's concurrence, my client's attempts
to restrict his construction activities, subsequent delineation and mapping, a
farm road exemption application, and numerous inspections and site visits by
members of your staff, we feel Mr. Massey has made every effort to comply
with Federal, State and local regulations regarding his construction efforts.
We regret the protracted nature of this project. We are malting efforts to
complete further delineation and snapping of the site for approval by your staff
on May 6, 1997. As per your request, I am meeting with my client to discuss
your cease and desist order.
Thank you for your time and attention to this matter. I look forward to
hearing from you soon in regards to this matter, and please feel free to call with
any additional questions or comments.
Si erely,
Gary A. Mitche 1
President, Mitchell & -Associates, Inc.
Copies furnished:

Mr. J.M. Massey
Mr. Ernest Jahnke, USACOE
U. S. Attorney
Mr. John Hefner, U. S. Fish & Wildlife Service
Mr. Larry Hardy, National Marine Fisheries
Regional Director, National Marine Fisheries
Mr. John Parker, NCDEHNR
State Properties Office
Mr. John Dorney, NCDEHNR
Mr. Lee Pelej, USEPA
Mr. Frank McBride, NC Wildlife Resources Commission

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OR ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
REPLY TO
ArMNTION OP
November 6, 1995
Regulatory Branch
Subject Action I.D. No. 199600296 (Massey) and 199600361 (Bland)
Q)k ,
Mr. Gary Mitchell
Mitchell and Associates
Environmental Consultants
128 North Harding Street
Greenville, North Carolina 27858
Dear Gary:
This letter is in reference to wetland delineations that you
have performed for Sampson County farmers J. M. Massey and
Sydney Bland and the on-site reviews of your work conducted by
Mr. Matt Flint, of the'Wilmington Field Office staff.
The Natural.Resource Conservation Service has the leading
role in regulating activities affecting wetlands on property
owned by participants in USDA assistance programs. The 1994
Interagency Memorandum of Agreement made the NRCS responsible for
wetland delineations on the property of program participants, in
coordination with U.S. Fish and Wildlife Service, the Corps, and
EPA. In order to protect the benefits which your clients may
receive, the county NRCS office must be contacted to determine
your clients' eligibility to participate in USDA programs,
particularly when your work is for an individual farmer, rather
than a corporation. Please ensure that all information
pertaining to activities affecting wetlands on USDA program
participants' property is filed with the NRCS.
If the farmer is not eligible, nor will elect to become a
program participant in the future, the Corps is the lead
regulatory agency for activities affecting wetlands. In such
cases, you may contact this office directly without coordinating
with the NRCS.
Mr. Flint determined that Mr. Massey's delineation
be verified as accurate, due to the fact that portions
wetland line could not be located using your field map
of clearly identified property boundaries. Although a
the delineation was correct, a second visit to the sit
site
necessary to complete verification of the delineation.
n could not
of the
and a lack
portion pf
will be
Pdnw on 0 Recyded Paper
i-

-2-
.On October 24, 1995, Mr. Massey telephoned Mr. Flint to
discuss regulation of wetlands'on his property. He was
encouraged to record the completed delineation on a. suitable
survey. In addition, Mr. Massey's desire to build a road across
the wetlands was discussed. He was advised that the Corps'
regulations provide several means to construct a road crossing
through wetlands and that he may also need to notify the Sampson
NRCS`office.
On November.l, 1995, Mr. Flint visited
Mr. Flint inspected the delineation and has
statement of concurrence to the NRCS staff.
delineation should not be relied upon until.
own verification inspection. We understand
scheduled an appointment to visit the site.
Mr. Bland's farm.
provided his
This wetland
the NRCS has made its
that their staff has
We appreciate the courtesy of being informed about
activities occurring on agricultural lands. Information
pertaining to each of your clients, mentioned above, has been
preserved in our files. If any questions arise, please contact
Matt Flint by phoning [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copy Furnished:
Mr. Wilson Spencer
Sampson Soil and Water
Conservation District
84 County Complex Road
Clinton, North Carolina 28328
?Y?.
a
t?
9
0
0
V
w
V
o ?
z
H
a
o
A V V ?

a
w
9
0
0
V
w
VV
a ?
? H
a
A V V cri
State of North Carolina
Department of Environment,
Health and Natural Resources • •
Division of Environmental Management JAW^
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary C) E H N FI
A. Preston Howard, Jr., P.E., Director
May 16, 1996
Mr. Sidney Bland III
P.O. Box 107
Harrells, NC 28444
Dear Mr. Bland:
DEM Project #960194
Sampson County
On 15 March 1996, you requested a 401 Water Quality Certification from the
Division of Environmental Management for your project (fill of 0.05 acres of wetlands for
a hog lagoon) located near Newtons Cross Roads in Sampson County. According to Mr.
Ken Averitte of our Fayetteville Regional Office, I understand that the hog lagoon has been
redesigned and that you no longer request to fill these wetlands. Unless we receive a
response from you by 30 May 1996, we will consider that you have withdrawn this
application and are not interested in pursuing the project at this time.
Please call me at 919-733-1786 if you have any questions or would like to discuss this
matter.
Sincerely,
J hn R. orney
ater Quality Ce tion Program
cc: Fayetteville DEM Regional Office
Wilmington District Corps of Engineers
Central Files
960194.clr
Division of Environmental Management • Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 • Telephone [phone] • FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 101% post-consumer paper
MEMORANDUM PRTNT NAMES:
Reviewer: 772---
TO: JOHN DORNEY WQ SUPV.: ZI--
ENVIRONMENTAL. SCTENCES BRANCH DATE: a(SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
:;-*EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) *
PERMIT YR: 96 PERMIT NO: 0000194 COUNTY: SAMPSON
APPLICANT NAME: SIDNEY BLAND
PROJECT TYPE: HOG LAGOON PERMIT TYPE: NW26
COE_#: DOT #:
RCD_FROM _CDA: APP DATE
FRM
CDA: 03/26/96
REG OFFICE: FRO _
_
RIVER _AND_SUB_BA SIN _#: 030622 STR_INDEX _NO: 18-74=-2 =2'
STREAM CLASS: C

WL IMPACT?:
Y/N
WL TYPE: 1
HW
WL_REQUESTED: .38
WL SCORE M :
MITIGATION?: Y/N
MITIGATION-SIZE:
WL_ACR_EST? YVN a
WATER IMPACTED BY FILL?: Y/N
MITIGATION TYPE:
DID YOU REQUEST MORE INFO?: Y/N
IS WETLAND RATING SHEET ATTACHED?: Y/N
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y/N
czll -9
?s

CC: Regional Office
Central Files
RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY
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
F= F=1
February 26, 1996
Sampson County
DEM Project # 960194
APPROVAL of 401 Water Quality Certification
Mr. Sidney Bland, III
P.O. Box 107
Harrells, NC 28444
Dear Mr. Bland:
You have our approval to place fill material in 0.38 acres of wetlands or waters for the purpose of
constructing a farm access road at US 421, as you described in your application dated 21 February
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 Environmental Management under Section
401 of the Clean Water Act If you have any questions, please telephone John Dorney at 919-733-
1786.
Sincerely,
t'ono w d, Jr. P. E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DEM Regional Office
Mr. John Dorney
Central Files
960194.1tr
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
v
I

D D ..i ? ? Z
Z 1 r mIll O \
Ai
FT: x q N p m RI
00 In Q m ;b . \ y
A ?` ^ Z
'b 0
00
C) Ix 73
40
V7-
n x 2 v^f n r Ft OW . O
wr
r n L `,rj
m N o ? ? ^C ?TJ P? j" c N ?, , y
r n Q `' ~ z
m0 ?.
O w a
In ; O O -i n,? u
2 f ? < IM
oil 4
x ?
++ y tr
z ?...: 3
?' O r N G
t1`' mow. u , J N
Z Jb 03
aD Z
b
2 > 0 l??p;.'l
2 C f-
rn to { A N
"' U O y
Y I
U ?
Y
r^ (T I 4I • rdi
019r rt "`
rpl
'
ik V)
F
t
.0 6? ?I IL. bte .p !, ?1 d
m' N
N
Y N
U
A Al
I A
c;
I `
r
v \?
f
? cn ? Z7 J o
CD I q
1 ? IJ
? r
cri
U d
a N <9
?Q
N r _x
v ? Q t11
r '71
A / W A
D
U
W' V
Q
r
N.- 1
ig
N
4
s

•A
r
NATURAL RESOURCE CONSERVATION SERVICE UNXTED STATES
84 COUNTY COMPLEX ROAD DEPARTMENT OF
CLXNTON, NC 218328 AGRXCULTURE
PHONE [phone]
March 15, 1996
To: COE, USFWS, DEM
Subject: CWNA for H. Sidney Bland 111
On approximately Feb. 15 1996 Mr. Bland applied for a CWNA to
construct a road to reach a non-wet area. As it turns out the non-wet
area is slightly smaller than is necessary on which to construct a pig
nursery and animal waste treatment lagoon.
The request is obvious, can Mr. Blend get the additional acreage
necessary to the success of his project? The additional acreage looks
to be about.05 of an acre. /have enclosed a copy of the oniggina/ map
which was submitted and a copy of the surveyors map dipict/ng the
proposed barn and lagoon.
Please advise.
Sincerely,
C. Wi/s Spencer
District Conserva tionis
02/21/96
DEM ID:
AA`'fION
Nationwide Permit 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 ENOAYEBRS
DEPARTMENT OF THE ARMY
P.O. Box 1890
, Wilmington, NC CESAW-2C9402-1990
Telephone [phone]
WATER QUALTPY PLANNING
DIVISION OF ENVIRONMENTAL. MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Box 29535
Raleigh, NC 27626-0535
A : MR. JOHN DORNBY
1b1eph9na(919)7M1Q13 733-1786 FAX 919 733-
ONE (1) COPY OF THIS COMPLETED .APPLICATION SHOULD HE SENT TO THE CORPS OF
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL W
PLEASE PRINT.
1. Owners Name.
2. Owners Address:
14:52 FMHA CLINTON NC + 919 733 9959
401
3. Owners Phone Number (Homo): 910'632-2667
(Work):
4. If Applicable: Agent's name orvesponsible corporate official, address, phone number:
S. Location of work (MUST ATTACH MAP). County: M ON I
Nearest Town or City:
Specific Loudon (Include road numbers, landmarks, etc.): 1 MILE INGEJIIEMUS CROSS QQ.ane ,
6. Name of Closest StneamtRiver:
7. River Basin: 0303000E
6. Is this project liocamwdpi?n a?w?aterrssh??ed classified as Trout, SA, HQW, ORW, WS I, or WS II? Y 13S (] ? NO a ]
9. Have any Section 404 permits Len previously requested for use on this property? • YES [ ] NO fg ]
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
APPROXIMATELY JIM=
11. Number of acres of waters of the U.S„ including wetlands, impacted by the proposed project:
*Filled.- 16500 SO, Frt.
*Drained: 16500 SQ. FT. COMBINED
Flooded:
Paccavaud.
TOWImAN;
{ anwn uve i onneenv 4a.rno co_ "_ or ucTLAmnC Tort unTWII nRATNYAYS
02/21/96 14:53 FMHA CLINTON NC -? 919 733 9959 P03

12. Naeription of proposed work (Attach PLANS-8112" X IV drawing only): ?- F
13. Purpose of proposed work: GAIN ACCESS TO NON-WETLAND
14. State reasons why the applicant believes that this activity must be carded alt wetlands. A4w note tmeasures
talon to minimize wetland impacts. --- TH IS IS IM ONLY MMAY- RAIM ROAD FOLLOWS DRAIWAYS WERE P03I6LE
15. You imd to contact the U.S. Fish and Wildlife Service (USFWS) a ftrNatimMl Maftc.Pisheries Service
(NMFS are reg>?g the presence or any Fate+raliy listed or proposed for listings, or threatene420001M COti a]
habitat in the portnit area that may be affeoeed !ry t!w proposed project. Have yoat;done so? YES [ j
RESPONSES FROM THE USFWS AMI'OR NMF3 SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) rogardtng tho presewc of historic
properties in the pwmdt area which maybe affected by the proposed project? Have you done so? YES( I NO[
RESPONEB FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DIEM:
A. Wetland delineation map showing all wetlands, streaaa., sad W= on the property
B. If available, representative photopph of wetlands to be imp oed by pt OwL
C. If delineation was performed by a consultant, include all data sheets faltvant m the plMOtem of the
delineation line.
D. If a stormwater managematt plan is required fOr this project. attach copy.
E. What is land use of surrounding property?
F. If applicable, what is proposed method of sewage disposal?
- Z-k
Date
Owner's Si
gnatuxtj
02/21/96 14:53 FMHA CLINTON NC -> 919 733 9959
ti PLAN TO CONVERT WETLANDS FOR NON-AGRICULTCIRAL USES
(see instructions on.revem side)
904
Name W SIDNEY BLAND Date
Contact Person Name H. SIDNEY BLAND Telephone No. 910 532-2667
Contact Person Address PO BOX 107 Farm No.
HARRELLS NC Tract No.
2M4 Wetland Acreage
Present Land Use MDODLAMD Planned Lund Use FARM RD
Aescribe the condition of the area that you plan to convert. giggMER AND
_NETH NON-WETLANDS
JINGLE
""g ,WET AREAS INTER
Non-Agricultural Purpose (For example: Aquaculture, houses, road, etc.) ACCESS RD TO NON MET AREA
Anticipated date alterations will be complete & pion implemented.,- SPRING 1996
Planned Cover for the Area SHOLDERS F ROAD WILL BE VEGEMED TOP OF ROAQ WILL
BE GRAVEL
Explain why it is necessary to alter wetlands for this project 4tttuth ndi idou:il sheet if needed - we note on buck) T
y DISTURBANCE
What measures have been taken to uvoid or minimize the 1033 or effect on wedunds W ROAD IS PLAMP
1 IMPACT INIMUM ACREAGE OF iIEIUWD
Other Comments (add anything you feel will be important to the approval i?f this plan)
DISTRICT Ct1NSERyATinluTCT 1f.lt:l nFn MF t AYOUT RD TO REDUCE WETLAND IMPACT _
Producer's Signature Date 9 _
Plan Approved: As submitted With Conditions
Plun NOT Approved
Conditions for Approval
Signature or District Conservationist
Date
Tenue of Approval
t. '11th irtewptiou tai valid fur a period of three (3) ytriis follotvili t dine of aliprovid by Dwrict camurvationbtt, lr pl:iaued
imivity h not cowlilvial by tl i ditto, llds w4na1xann is void. Pri)ducer way re-apply for a new 0MA.
1. failure to follow that approved plan will cause the area to 11001nif cnutent'd wt!lltun) Alid fi vh?hitiini of tile Ivi"Luld
provi3ivai Urine 17vii toms aia.
31 Tidy mtviali iou ix for Vend S^-+u41y At•t I-elw..w only. Oflier state :uulhtr Ftyler:d Pentiks may he re.ptired. Thil carpi Ur
F.tittidven shoidd bit tnat:ntetl prior to lit-ginuiu¢ i'L?inttvl Aeli.ilitn,
Ra N;G 17r?hk
y
i UUA
MOA i•
u
rRDA
UUA
7 ?
tt,? fl
NPA
GOA
ivi W.
FO

Tn R
r' 8bro'
$n
i'
x -?
f
J
££L 6T6 ON NOINIIO HFW-A
IS•YYfIPY?. ?•?? "`
96/TZ/ZO
1yf / • ? :Z ? 1
Ar •? i
1111
r u ?- / • OM
rr• J --
?a? '1 •?•?'? ff 1115 ,{' d t
1 /
• 1' ?r? ?-? j 46 i .?
1? 1
i A i r• .. ?: . •:
,_ f ^- ?./ _-y1?1 ? ?• - _ ? 71 i+ ???t: Ill i'•1?15?// t?:•`,.
\' O \ r: 4?`y.'-.,,??/•i'.^- i , Wit, L ?- -
t. u f '•9A..4 i
M ' ,
.. ?.• a ?, 1M1 xaevllM a • / r./it
A
roada
1 .. ry. ?? A •r „ • }
. ' 1101 N 0, '+'. ' ? ty• -? / -R
? r ?1 a?'+?;;,°? .°, • ."•K•.,?r• 11115
- ?J "?.
• n
A •?
76
m •. ? p ! p
i• ? j 1' ? /•? 4
906 6966 ££L 616 ON NOINIIO UHWA LS:bt 96/TFYM
.;qa .1..,. }
i. }
v ? RI'` `"}",: ? /ri f+1 ? f ?•?"+• i X1'1 i .
V f t
`Ism
o Ally, IT.
;e ;D 10
o, a
? Ni .? ? ?? ?j .fir. ?i` i .• r
p• v;;,,r to `• •• ?. ,, •:.1>•J?F•
y •'46'K •.MY6 !? sp'K?T
43
. fpl
L0lJ 6966 ££L 616 ON NOINI-D d44i BS:b1 96/ZZ20