19950924 Ver 1_COMPLETE FILE_19951214

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
?EHNR
January 5, 1996
Wilson County
DEM Project # 95924
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Fred Godwin
8145 Springfield School Road
Kenly, NC 27542
Dear Mr. Godwin:
You have our approval to retain after-the-fact fill material placed in 1.5 acres of wetlands or waters for the
purpose of constructing an irrigation pond at NC 581 at SR 1119, as you described in your application dated 1
September 1995. 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. Additional conditions are that 1) all
disturbed areas, berms and dams shall be stabilized by 1 March 1997 after controlling access by water fowl, 2)
spoil shall be removed from wetlands on the southwest side of the pond to high ground by 1 March 1996, 3)
animal operations shall be moved at least 100 feet from the edge of the pond. Dead animals shall be disposed of
properly rather than in streams, ponds or wetlands. All animal operation regulations shall be complied with. 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.
Sinc y,
e n Howard,
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Dorney
Central Files
Ms. Peggy Clover
Don Pittman; Wilson NRCS
95924.1tr
P.O. Box 29535, Ralelgh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
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To: John Dorney
From: Danny Smith C--
Subject: Mr. Fred Godwin
Wilson County
Wetland Fill (Pond Construction)
Mr. Godwin constructed a pond in wetlands without any assistance
from local Natural Resources District Office.
The pond berm conveyed storm water and runoff from a small (15-20
animal) hog operation directly to surface waters. Also, the area
down slope from the pond was not stabilized.
I requested that Mr. Godwin move the hogs further up the slope and
stabilize the area along the toe of the slope. Mr. Godwin
explained that he was willing to do this. 'Zhis minor
amount of effort would largely replace the function that was
affected by the excavation of the pond.
Given aforementioned conditions the RRO recommends issuance of the
subject 401 WQ Certificate.
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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
November 27, 1995
Mr. Fred Godwin
8145 Springfield School Road
Kenly, N.C. 27542
Dear Mr. Godwin:
DEM Project # 95924
Wilson County
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On 1 September 1995, you requested a 401 Water Quality Certification from the
Division of Environmental Management for your project (irrigation pond) located near Kenly
in Wilson County. We wrote to you on 28 September 1995 discussing concerns that we have
regarding the design of the project and placing it on hold until those concerns are addressed.
As of today, we have not received a response to our earlier letter. Unless we receive a
response from you by 15 December 1995, 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,
Jon R. Dorm
W ter Quality Certificati n Program
cc: Raleigh DEM Regional Office
Wilmington District Corps of Engineers
Central Files
95924.clr
P,O. Box 29535, Raleigh, North Carolina 27626-0535 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 Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr„ P.E., Director
September 28, 1995
Mr. Fred Godwin
8145 Springfield School Road
Kenly, N. C. 27542
Project # 95924
Dear Mr. Godwin:
FILE COPT
The Division of Environmental Management, Water Quality Section has reviewed your plans
for the discharge of fill material into 1.5 acres of waters and/or wetlands located at NC 581 and SR
1119 in Wilson County for after-the-fact pond construction. Based on this review, we have identified
significant uses which have been removed by this project especially the wetland fill (rather than the
excavation). These uses are water storage, pollutant removal and aquatic life 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 pond by removing the berm along the margin of
the pond, redirecting the stormwater from the hog area into a restored vegetated wetland buffer along
the margin 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 our Mr. Danny Smith at the Raleigh Regional Office at 3800 Barrett Drive, P.O. Box
27687, Raleigh, N.C. 27611. I can be reached at 919-733-1786 if you have any questions.
ine 1,
hn R. Dorney
ater Quality Certific ' n Program
cc: Raleigh DEM Regional Office
Wilmington Office Corps of Engineers
Central Files
Don Pittman; Wilson NRCS
AT I VA
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95924.nt}
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper

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Project na e Nearest road '-
CountyL,r i>? ?tland ar acres Wetland width?
Name of evaluator - t I/ Date 2
Wetland type (select one)*
? Bottomland hardwood forest ? Pine savanna ? Bog forest
Headwater forest ? Freshwater marsh ? Bog/fen
? Swamp forest ? Estuarine fringe forest ? Seep
? Wet flat ? Ephemeral wetland ? Other
? Pocosin ? Carolina Bay

*The rating system cannot be applied to salt or brackish marshes or stream channels
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Water stora
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Pollutant removal 1
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* Add 1 point if in sensitive watershed and > 10% nonpoint disturbance within 1 /2 mile upstream, upslope, or radius
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q F? clay ACTION ID:
wxide 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 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. Boy 29535 RECEIVED
Raleigh, NC 27626-0535
ATTN: MR. ;OHN DORNEY
Telephone [phone] SEP 01 1995
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE C09 tl h"ARS.
SEVEN (7) COPIES S OULD BE SF ' TO THE N.C. DIVISION OF ENVIRONMENTAL MARS NT.
PLEASE PRINT. . / ? L
1. Owners Name: /Xe? fraL`7WI?
2. Owners Address: 017'/9r- 5 rpej (rF/??-? -SCayooe-
3. Owners Phone Number (Home): 919',VSy -3/(, Z) (Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: _ IV/ t s b,-)
Nearest Town or City:
Speck Location (Include road numbers, landmarks, etc.): /y C .fig/ ?/[.?.? Y ,? 7
511 ? 9
6. Name of Closest Stream/River: _ (2104) TES /-)4f14
C1L EEiL
7. River Basin: _„A) CTV,5o?r-
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ J NO X
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO)d-
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained:
Flooded:
Excavated: / t?)
Total Impacted: /, _?
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only):
/ gf-/Ge?T/a,J W'4 ral-Ho c C-
13. Purpose of proposed work: 11-1L/ &AVD2
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. Abt7V*Z- -'Q qeC& _
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 listed 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, representadve 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?
F. If applicable, what is proposed method of sewage disposal?
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G 59 a Y ACTION ID:
nwide 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 ENGINEERS
DEPARTMENT OF THE ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATM: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
AND NATURAL RESOURCES
P.O. Box 29535 RECEIVED
Raleigh, NC 27626-0535
ATTN: MR. SOHN DORNEY SEP 01 1995
Telephone [phone]
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOT LD BE SENT TO THE COF k&'ffAS.
SEVEN (7) COPIES SHOULD BE SF T TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT. A / v? % t
1. Owners Name: / rY? G-D1'?W l?
2. Owners Address: Sy:
3. Owners Phone Number (Home): 9/9',22y -3/6 (Work):
4. If Applicable: Agent's name or responsible corporate official, address, phone number:
5. Location of work (MUST ATTACH MAP). County: l V/ L S bJ
Nearest Town or City: lL?-Y
Specific Location (Include road numbers, landmarks, etc.): /y C BSI //W y
5'41,1 9
6. Name of Closest Stream/River: Cnn1 T %.?E.?+ ?L EEIL
7. River Basin: /l) CU,S,
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO)o-,
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site: r• ?_
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled:
Drained:
Flooded:
Excavated:
Total Impacted: ,/. .?
12. Description of proposed work (Attach PLANS-8 1/2" X 11" drawings only): w .,\
beAIG,l?/a.) Wr4ry2-HOC.6-
13. Purpose of proposed work: //-fLl &'qyc)
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures
taken to minimize wetland impacts. ItAr 7SZ- Sa u'rG6-
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 listed 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 [ J 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?
F. If applicable, what is proposed method of sewage disposal?
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ENVIRONMENTAL SCIENCES
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IMPORTANT
Date Time
WHILE YOU WERE OUT
of
Phone AREA CODE NUMBER EXTENSION
TELEPHONED PLEASE CALL
-- --- ---- --. - -- ------ - ----
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL I \
Message - _C
iQned
N.C. Dept. of Environment, Health, and Natural Resources