19990254 Ver 1_COMPLETE FILE_19990301

Wetlands Tracking Peoiects
* $" 7,
Facility Name Danny Ray Peele
Project Number 99 0254
O Inactive
Project Type purpose of N.O.V.
Location `
401 s Last Total
Recvd Sent to Recvd Action 401
Recvd From Date Region Region r Date Last Action Acres
D«' 3/12/9)
Project:
Inspections/ Violations
Inspection Date Inspector Compliant Letter Type Date Sent
County Nash f
County2
Region Raleigh
DCM Office
COE Office Raleigh
Total Total Mit Total
Feet 401 Acres Feet
401 `
1' 401
Reply Date Current St
-? Inspect.
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Marina Strickland
10378 Nade Rd.
Middlesex, NC 27557
August 16, 2000
Steve Mitchell
Dept. of Environment and Natural Resources
3800 Barrett Dr.
Raleigh, NC 27609
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Dear Mr. Mitchell:
I believe that your office has sited Mr. Danny Ray Peele for violations of the Neuse River Regulations.
Mr. Peele has submitted plans to Nash County for a borrow pit and land clearing inert debris fill.
Enclosed is a copy of the plans that were submitted to Nash County. Also enclosed is a copy of the soils
map for this area.
The soils map appears to show both streams extending much farther across this site than the submitted
plans indicate.
Has your agency visited this site to verify the location and extent of these streams?
Will Mr. Peele have to obtain a permit from your office for this project?
As a nearby landowners, my husband and I are very concerned about possible negative environmental
impacts from this proposed project.
Yours truly,
Marina Strickland
Cc: John Dorney

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March 26, 1999
NCDENR
CERTIFIED MAIL
JAMES B. HUNTJR. ` RETURN RECEIPT REQUESTED
.` GOVERNOR
Mr. Danny Ray Peele
6491 South NC Hwy. 231
Middlesex, N.C. 27552
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RALEIGH REGIONAL OFFICE

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SECOND Notice Of Violation A MV
Peele Farm Tract GS?
Neuse Basin Rules
SR 1130
NBRRO 99-036
Nash County
YDear Mr. Peele:
,As you know on February 11, 1999, Mr. Steve Mitchell of the Raleigh
,Regional Office (RRO) investigated a complaint regarding the streamside
'(riparian) vegetative buffer along Turkey Creek. This creek is a Class
_ "C Nutrient Sensitive Water and is a tributary to the Neuse River near
aBuckhorn Reservoir (Contentnea Creek). Mr. Mitchell observed that the
;•Jvegetation adjacent to Turkey Creek had been impacted by the placement
w 'of fill into the area adjacent to the creek from the toe slope of the
L dam.
;
.On March 1, 1999, this office sent you a Notice Of Violation (NOV) and
A ;, informed you that the impacts to the riparian vegetation were a violation
ti of the Neuse River Basin: Nutrient Sensitive Waters Management Strategy;
+Protection and Maintenance of Existing Riparian Areas, Administrative
Code T15A: 02B. 0233 and gave you ten (10) days to respond regarding your
plans to restore the riparian buffer. You received and signed for the
"'NOV March 5, 1999. To date, the RRO has not received your response
.`addressing the required measures to reestablish the buffer.
:The Division of Water Quality requires immediate abatement of the impacts
to this riparian zone. The fill material that has been added to the dam
,must be removed and this area must be replanted with species of trees
?:; native to the area.
You are required to respond to this Notice in writing within five (5)days
of its receipt. Your response should be directed to Mr. Ken Schuster,
Regional Supervisor, 3800 Barrett Drive, Raleigh, N.C., 27609. Please
detail what efforts will be undertaken to restore the vegetative buffer.
Your proposed repair to the riparian area should include species to be
r. replanted and a schedule with dates indicating when certain activities
. will be accomplished.
3800 BARRETT DRIVE, SUITE 101, RALEIaH, NORTH CAROLINA 27808
PHONE [phone]o FAX S 1 a-571-4718
..EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER
Page Two
Peele NOV 2
In the absence of a response, the RRO will recommend to the Director of
the Division of Water Quality that an enforcement action be under taken.
This can result in fines being levied against you of up to $10,000 per
day for the ongoing violation. Thank you for your attention to this
matter and be advised that the Raleigh Regional Office is considering
recommending an enforcement action be pursued for these violations.
Please thoroughly address the above mentioned issues in your response and
provide any additional information that you wish to provide. If you have
any questions regarding this Notice or need additional information please
contact me at 919-571-4700.
Sincerely,
L--aQ
Kenneth Schuster
Regional Supervisor
CC: NC DWQ:John Dorney
NC DLQ:John Holley
ACOE:Jeane Manuel
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`CERTIFIED MAIL
JwMESB.MUNTJrt RETURN RECEIPT REQUESTED
- GOVERNOR f"
Mr. Danny Ray Peele
r :? 6491 South NC Hwy 231
' a. Middlesex, N.C. 27552
F
WAYNE MCDE_V ITT
} SECRETARY : Subject:
Dear Ms. Peele :
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
RALEIGH REGIONAL OFFICE
March 1, 1999
Notice Of Violation
Peele Farm Tract
Neuse Basin Rules
SR 1130
NBRRO 99-036
Nash County
1 On-February 11, 1999, Mr. Steve Mitchell of the Raleigh Regional
h.'r.. Office investigated a complaint regarding the streamside (riparian)
k vegetative buffer along Turkey Creek. This project is referred to by
.this office as NBRRO 99-036. Turkey Creek is a Class C Nutrient
z 'Sensitive Water and is a tributary to the Neuse River near Buckhorn
„ -Reservoir (Contentnea Creek). Mr. Mitchell observed that the vegetation
k i?, adjacent to Turkey Creek had been impacted by the placement of fill into
-?:the area adjacent to the creek. The purpose of this fill was to raise
an existing dam. The dam had been raised to over 25 (twenty five) feet
rin height and over 700 feet in length. This action has caused the toe
slope of the dam to encroach onto and into Turkey Creek.
k C;-?
- The impacts to the riparian vegetation referenced above is a
yviolation of the Neuse River Basin: Nutrient Sensitive Waters Management
_ Strategy; Protection and Maintenance of Existing Riparian Areas,
Administrative Code T15A:02B.0233 which states the following:
".0233-Existing riparian areas shall be protected and maintained in
accordance with Sub-Items (3)(a)-(e) of this Rule on all sides of
4 surface waters in the Neuse River Basin (intermittent streams,
perennial streams, lakes, and estuaries) as indicated on the most
recent versions of United States Geological Survey (USGS) 1:24000
scale (7.5 minute quadrangle topographic maps or other site specific
evidence). This rule applies only to riparian areas where forest
vegetation is established (as described in Sub-Item 3(a)) of this
F} "` Rule as of July 22, 1997.
' This Rule does not establish new buffers in riparian areas.
Mkt. ` ???Ly ..
. Exceptions to the requirements of this Rule for riparian areas are
described in Sub-Items (1) a-h of this Rule. Maintenance of the
. 8800 BARRETT DRIVE, SUITE 101, RALEIGH, NORTH CAROLINA 27609
PHONE [phone] FAX [phone]
_ AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED/10% POST-CONSUMER PAPER

Page Two
Peele NOV
Nash Co. NBR
riparian areas should be such that, to the maximum extent possible,
sheet flow of surface water is achieved. Any activity that would
result in water quality standard violations or that disrupt the
structural or functional integrity of the riparian area are
prohibited."
The removal or destruction of the riparian buffer along the east
bank of Turkey Creek constitutes a violation of this Rule promulgated
under .0233(3) which states the riparian buffer must be protected in two
zones.
(a) "Zone 1 is intended to be undisturbed forest. ...Zone 1 begins
at the upper edge of the active channel of the water body or the
mean high water line and extends landward a distance of 30 feet,
measured horizontally on a line perpendicular to the waterbody.
Forest vegetation of any width that exists in Zone 1 on the
effective date of this Rule must be preserved and maintained in
accordance with Sub-Items (I)-(v) of this Item."
(b) "Zone 2 begins at the outer edge of Zone 1 and extends
landward a minimum of 20 feet as measured horizontally on a line
perpendicular to the waterbody. The combined minimum width of Zones
1 and 2 shall be 50 feet on all sides of the waterbody. Vegetation
in Zone 2 shall consist of a dense ground cover composed of
herbaceous or woody species which provides for diffusion and
infiltration of runoff and filtering of pollutants."
Adequate ground cover must be provided to prevent accelerated erosion.
The Division of Water Quality requires abatement of the impacts to
this riparian zone. The material that has been placed into the
protective zone along Turkey Creek must be removed and this area must be
replanted with species of trees native to the area. This area is limited
to the original foot print of the water hole (ie edge of where the trees
were growing and have been covered up). Sowing all of the remaining
exposed areas of bare soil with some type of vegetative cover- and
mulching these areas with straw or hay is necessary to lessen the impacts
to the buffer zone.
You are required to respond to this Notice in writing within 10 days
of its receipt. Your response should be directed to Mr. Ken Schuster,
Regional Supervisor, 3800 Barrett Drive, Raleigh, N.C., 27609. Please
detail what efforts will be undertaken to restore the vegetative buffer.
The buffer area must be replanted with species of trees and shrub native
to the area and at a combined rate of 400 plants/trees per acre.
Assuming the buffer area to be 500 feet long and 30 feet wide, this
equals about 240. Trees should be in the 3 to 5 gallon size pots and
maintained to assure growth. Your proposed repair to the riparian area
Page Three
Peele NOV
Nash Co. NBR
should include species to be replanted and a schedule with dates
indicating when certain activities will be accomplished.
Thank you for your attention to this matter and be advised that the
Raleigh Regional Office is considering recommending an enforcement action
be pursued for these violations. Please thoroughly address the above
mentioned issues in your response and provide any additional information
that you wish to provide. If you have any questions regarding this
Notice or need additional information please contact me at 919-571-4700.
Sincerely,
SKe-4nne Regional Supervisor
CC: Central/RRO Files
NC DWQ:John Dorney
NC DWR:Frank Mcbride
NC DLQ:John Holley
ACOE:Jeane Manuel
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890 1 1 n 1N (? n
• WILMINGTON, NORTH CAROLINA 28402-1890 V [a? (?
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IN REPLY REFER TO February 26, 1999
MW Regulatory Division ?QUAL?R
Action ID. 199920477, Farm Pond Exemption
J
Mr. Danny R. Peele
Ms. Wendy C. Bray
6491 South NC 231
Middlesex, North Carolina 27557
Dear Mr. Peele:
Reference is made to our letter to you dated February 10,
1999, regarding your placement of fill material into Turkey Creek
associated with your construction/modification of a dam on your..
property adjacent to Turkey Creek, west of SR 1130 (Hoyt Road),
northeast of Middlesex, Nash.County, North.Carolina. Reference
is also made to your site meeting with Mrs. Jean B. Manuel.e of my
Raleigh Field Office Staff on February 12, 1999. Mr. Shelton
Baker of the.Nash County Field-Office, Natural. Resources
Conservation Service, was also present at this meeting. The
purpose of the site inspection was to determine the presence of
wetlands subject to our regulatory authority pursuant to Section
404 of the Clean Water Act and to decide if your recent
construction activities have resulted in a violation of Section
301 of the Clean Water Act.
Based upon information obtained during the site inspection, we
have determined that your recent enlargement of a farm pond was
accomplished for agricultural purposes, and the resultant facility
is a reasonable size for the use intended. Per our regulations [33
CFR, Part 323.4(a:)(3).], the construction of-farm ponds. is exempt.'
from Section' 404 of the Clean Water Act. 'Accordingly, a Department
of the Army (DA) permit is not required for the expansion of your
pond, impacting 50 square feet of waters of the United States
(Turkey Creek.). Please note that to utilize this exemption, the
work cannot convert an area of waters of the United States into a
use to which it was not previously subject, and the flow or
circulation of waters of the United States cannot.be impaired or
the reach of these waters reduced.
f

To minimize further impacts to aquatic resources in Turkey Creek,
you have agreed to stabilize the slope of the dam adjacent to the
creek by installing silt fence and seeding/mulching the fill slope.
Although your pond expansion did not require DA permit
authorization, as Mrs. Manuele mentioned during the site
inspection, your construction activities are in violation of a
conservation easement the City of Wilson was required to obtain
over this property as a condition of its permit to construct the
Buckhorn Reservoir. The permit is also conditioned to require the
City of Wilson to enforce the terms of that conservation easement.
Mr. David Franklin of the Wilmington Regulatory Division will be
coordinating with the city with respect to this action. We
anticipate that a representative of the City of Wilson will be
contacting you in the near future to resolve this issue as soon as
possible.
If you have any questions, please contact Mrs. Manuele, Raleigh
Regulatory Field Office, telephone [phone], Extension 24.
Sincerely,
S. Kenneth Jolly
Manager, Raleigh Regulatory
Field Office
Copies Furnished:
Mr. Charles Pittman
City Manager
City of Wilson
Post Office 10
Wilson, North Carolina 27894-0010
Mr. Don Cordell, P.E.
Hazen and Sawyer, P.C.
4011 Westchase Boulevard
Raleigh, North Carolina 27607
2
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Mr. James P. Cauley, III
P.O. Box 2867
Wilson, North Carolina 27894-2867
Mr. John Hefner %
Division of Ecological Services
U.S. Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. John Dorney
Division of Environmental Management
NC Dept. of Environmental, Health, and Natural Resources
4401 Reedy Creek Road
Raleigh, NC 27607
Mr. Lee Pelej
U.S. Environmental Protection Agency
Region 4
Sam Nunn Altanta Federal Center
61 Forsyth Street, S.W.
Atlanta, GA 3030-8960
Mr. Frank McBride
N.C. Wildlife Resources Commission
512 N. Salisbury Street
Raleigh, NC 27604-1188
3