20021314 Ver 1_COMPLETE FILE_20020819

MEMORANDUM
TO: John Dorney
Non-Discharge Branch
Regional Contact: Debbie Edwards
WO Supervisor: Ken Schuster
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Lee & Pamela Gilliam County Johnston
Project Number 02 1314 County2
Recvd From APP Region Raleigh
Received Date 8/19/02 Recvd By Region
Project Type farm pond
Certificates Stream Stream Impacts (ft.)
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME
F_ F WF O Y ON • F 27-43-15-(I c - NSW 30,403. 0.50 I F_ ?-
tVBR, Buffers O Y _0N I -F-F-? -30,403 r- F-- r- F-
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? 0 Y0 N Did you request more info? O Y (ON
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y Q N
Is Mitigation required? 0 Y 0 N Recommendation: 10 Issue 0 Issue/fond 0 Deny
Provided by Region: Latitude (ddmmss)
Longitude (ddmmss)
Comments: ?,) \) ? \0-1
cc: Regional Office
Central Office Page Number 1
i
Triage CheckUt
Date: ?a d
To: 9R' O
?FRO
OW aRO
OW iRO
OW SRO
?ARO
Steve Mitchell
Ken Averitte
Deborah Sawyer
Joanne Steenhuis
Jennifer Frye
Mike Parker
II
Project Name d? /3
DWO Project Number
County "'
?MRO Pete Colwe , 9) 73 - y?
Telephone ?
V
From:
is being forwarded to you for your evaluation. Please call if you need
The file attached
assistance.
Stream length impacted
Stream determination o maps
determination and distance to blue-line surface waters on USGW top
[J Wetland
Minimization/avoidance Issues
? Buffer Rules (Neuse, Tar-Pamilco, Catawba, Randleman)
[) Pond fill
Mitigation Ratios
C] Ditching
etland mitigation sites available and viable?
Are the stream and or w
Check drawings for accuracy
? Is the application consistent with pre-application meetings?
Cumulative impact concerns /I
_ CommeJILO-
Please find enclosed seven (7) copies of the
Pre Construction Notification Plan
and a check for $200.00.
Please contact Pam Gilliam 919/331-0649
if there are any questions or
further information required. ( Th k

r.
?'(??(? ? 10(117`
August 16, 2002
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Dear Sir or Madam:

L._ ?.
In June of this year we cleared approximately six acres of our property. This
area had been clear-cut previously. At the time we had no idea any portion of
our property contained wetland. Our property is located near the top of a ridge.
When the timber was cut, the timber equipment operated all over our land and
did not make a rut of any kind. We hired a contractor to come in and clear the
area. There was no sign of any wetness until he began removing the largest
stumps.
A Johnston County Building Inspector reported us to Chandra Cox, Water
Resource Engineer with Johnston County Public Utilities. She is responsible for
Storm Water Runoff and Riparian Buffers for the County. She sent us a certified
letter on July 8, 2002, informing us that we had violated the riparian buffer
ordinance and would have to submit a plan to restore the riparian buffer to Steve
Mitchell, NCDENR Water Quality Section. We submitted this riparian buffer
restoration plan on July 15, 2002. On July 23, 2002, Mark Ferguson, District
Conservationist with the Natural Resources Conservation Service came to our
property and delineated the wetland on our property.
We intend to replant the entire wetland area, which of course includes the
riparian buffer. We were told we must plant at least 5 wetland species with a
population of at least 320 trees per acre. We plan to plant nine species of trees
(river birch, swamp white oak, red maple, poplar, green ash, black walnut, willow,
pin oak, and pecan). In addition we will also plant some shrub species of high
bush blueberry, elderberry and fetterbush. We plan to plant these on an 11 x 11
ft spacing, which should give us a population of 360 trees per acre. This work will
be completed by March 15, 2003.
We would like to construct a pond that will impact about 0.5 acres of wetland.
The pond will be located in an area that is not on an intermittent steam on either
a USGS Topo map or the Johnston County Soil Survey. The pond will have a
five-foot dam that will also serve as our access road to part of the land we plan to
establish in pasture. Three feet of water will be against the dam with most of the
pond area excavated. Spoil material not used in the dam will be spread on the
upland areas adjacent to the pond.
Page 1
am enclosing the following:
? Check for $200.00,
? Completed Pre-Construction Notification Application Form,
? USGS Topo map,
? An old copy of a Johnston County Soil Survey field sheet,
? Plan sketch showing the wetland and riparian buffer area to be replanted,
? Sketch showing the calculations for wetland disturbance, and
? Sketch showing the embankment profile and valley profile for the pond we
propose to build.
If possible we would like to construct the pond this year. It would probably be
cheaper to construct if we can take advantage of the drought. We violated
wetland regulations but we did so unknowingly. If you require us to wait until the
wetland area is replanted, we fully understand.
We ask that you review these documents and give them your careful
consideration. Should you need any additional information, please feel free to
contact me at 158 Bayridge Drive, or call at 919-331-0649.
Sin r I ,
Pam Gilliam
Page 2
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(if nnv narticnlar item is not annlicable to this proiect. please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
Z Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
[Z 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: MIM"140K
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
J (LIC(k
IL Applicant Information
??a .? e, C.
1. Owner/Applicant Information ?,/i
Name: Kim Lee and Pamela K. Gilliam
Mailing Address: 158 Bayri_d_ge Drive
Willow Springs NC 27592
Telephone Number: 919-331-0649 Fax Number: 919-331-0650
E-mail Address: [e-mail]
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:_
Telephone Number:
E-mail Address:
Fax Number:
Page 5 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: FARM POND
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 1615-17-5276
4. Location
County: JOHNSTON Nearest Town: WILLOW SPRINGS
Subdivision name (include phase/lot number): BAYRIDGE LOT 52
Directions to site (include road numbers, landmarks, etc.): Take_ _I-40 to NC210. Take
NC210 west to SR1309, turn right on SR1309 go approximately 1.5 miles and turn left on
Honeycutt Road, go approximately 0.75 miles and turn right on Two Claude
Road, Go Vpproximately L75 miles to stop sign. Bayridge Drive is straight across from stop
sign.
5. Site coordinates, if available (UTM or Lat/Long): 03533123.83"N 07837'24.51"W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 6.3 acres
7. Nearest body of water (stream/river/sound/ocean/lake): Middle Creek
8. River Basin: Neuse
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at httn://h2o.enr.state.nc us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application:Entire area has-been cleared Approximately 2.5 acres have
been delineated as wetland. We plan to restore the wetland and riparian buffer but propose to
Page 6 of 12
construct a pond that will take up approximately 0.5 ac Wetland Remaining high ground
will be seeded to pasture for livestock. Pond will be utilized for livestock water.
10. Describe the overall project in detail, including the type of equipment to be used: Pond will
be constructed with a track hoe and bulldozer. Pond will have about 3 ft of water against
dam but the majority of the pond will be excavated with spoil spread on high ground. Total
height of dam will be 5 feet Dam will also be utilized as access road to approximately 1.5 ac
of pastureland.
11. Explain the purpose of the proposed work: The purpose is to provide both pasture and
water for livestock.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 12
1. Provide a written description of the proposed impacts: Entire site was cleared before
wetlands were delineated We were not aware that the property contained wetlands or an
intermittent stream We propose to restore wetlands and riparian buffer and construct a pond
that will impact approximately 0.5 ac wetland.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
indicate on in
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
1 Excavation/Fill 0.5 No 250 ft Forested Wetland

* List each impact separately and identity temporary impacts. impacts mciuae, out are not ttrtuteu W. ntct:ttadifcu ?Aua,,ug, g.a•••=•?, ?u=,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httpJ/www.fema.Qov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 2.5 acres
Total area of wetland impact proposed: 0.5 acre
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
leasespecify)
NONE POND IS NOT LOCATED ON A PERENNIAL OR INTERMITTENT
STREAM

* List each impact separately and identify temporary impacts. impacts mcime, but are not imutea to: culverts and assoclateu rip-tap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.tgpozone.com,
Nwtv.nta,p uest.com,etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Page 8 of 12
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres Name of Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
NONE

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: nu, excavation, dredging,
flooding, drainage, bulkheads, etc.
Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): Kuplands ? stream wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Pond will be primarily excavated. A small dam will be
constructed with 3 ft of water impounded against dam.
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): LIVESTOCK WATER
Size of watershed draining to pond: 15 AC Expected pond surface area: 0.65 AC
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Size of original pond was reduced Pond will be primarily excavated with spoil being spread
on high ground
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 12
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwctlands/strmizidc.htmi.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
N/A
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
[phone] to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
Page 10 of 12
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No If
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No N If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 3U teet perpendicular trom near banK or cnannei; Lone L extenas an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes 10 No ?
Is this an after-the-fact permit application?
Yes ;, No ?
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
SEE LETTER ATTACHED

S
o2-
Applicant/Agent's Signature . Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
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Q R William G. Ross Jr., Secretary
\O? pG North Carolina Department of Environment and Natural Resources
C? r Alan W. Klimek, P.E. Director
] y Division of Water Quality
o ?
Kim Lee and Pamela K. Gilliam
158 Baybridge Drive
Willow Springs, NC, 27592
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules with Additional Conditions,
Dear Mr. and Mrs. Lee:
October 16, 2002
DWQ# 02-1314
Johnston County
You have our approval, in accordance with the attached conditions, to excavate 0.5 acre of wetlands and to restore vegetation on
2.0 acres of wetlands in order to construct a livestock watering pond on your farm in Johnston County, as described in your application
received by the Division of Water Quality on August 19, 2002. After reviewing your application, we have determined that this fill is
covered by General Water Quality Certification Number 3362, which can be downloaded from our web site at
http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 39 when issued by the U.S. Army
Corps of Engineers. This approval is also valid for the Neuse River Buffer Rules (15A NCAC 2B .0233). 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,
Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires
unless otherwise specified in the General Certification.
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 in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner
must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. 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). For this approval to be valid, you must follow the conditions listed in the attached certification as well as the additional conditions
listed below:
1. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification
has been completed.
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, Mail Service Center 6714, Raleigh, N.C. 27699-6714. 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 call Steve Mitchell or Debbie Edwards in our Raleigh Regional Office at 919-571-4700 or Cyndi Karoly in the Central
Office at 919-733-9721.
AW K/cbk
Attachments
cc: Corps of Engineers Raleigh Regulatory Field Office
Raleigh DWQ Regional Office
Central Files
File Copy
i cer ly,
KI me , E.
021314
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
. 0%
Customer Service
1 800 623-7748
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