20110854 Ver 1_401 Application_20110911

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DRIVER # OF PIECES i WEIGHT
SAME DAY
BILL TO : HIPPER RECEIVER 3RD PARTY
NEXT DAY CAR VAN ROUND TRIP CHARGES
FROM S & EC
11010 RAVEN RIDGE ROAD
RALEIGH, NC 27614
846-5900
PROJECTS
SIGNATURE
TO
DWQ
512 N. SALISBURY STREET
RALEIGH, NC 27604
PRINT ' DATE TIME
Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
September 16, 2011
S&EC Project #11584.P1
To: US Army Corps of Engineers (USACE)
Raleigh Regulatory Field Office
Attn: Thomas Brown
3331 Heritage Trade Drive, Ste. 105
Wake Forest, NC 27587
N.C. Division of Water Quality
Raleigh Regional Office
Attn: Lauren Witherspoon
3800 Barrett Drive
Raleigh, NC 27609
N.C. Division of Water Quality (DWQ)
WebSCaPe Unit
Attn: Karen Higgins
512 N. Salisbury Street-Floor 9
Raleigh, NC 27603
I?' 1
From: Bob Zarzecki
Soil & Environmental Consultants, P.A. (S&EC) Q L?? V L? D
11010 Raven Ridge Road ?f
Raleigh, NC 27614
SEP 1 6 2011
Re: Lot # 48, Millennium Pointe Subdivision DENR•WATER QUALITY
Mr. Douglas L. & Mrs. Paula M. Farnham WETIANDSANDSTORMWATERBRANCH
28 S. Fred Circle, Johnston County, NC
Action ID#: 2010-02101
NOV-2010-WQ-00077
On behalf of the current owners, Mr. Douglas L. and Mrs. Paula M. Farnham of 28 S. Fred Circle,
Lot#48, Millennium Pointe Subdivision, we are pleased to provide this written response to the
DWQ November 22, 2010 Notice of Violation (NOV)/Notice of Intent to Enforce (NOI) and the
USACE December 15, 2010 Notification of Unauthorized Activity/Permit Noncompliance, along
with this after-the-fact application for unauthorized impacts at Lot #48, 28 S. Fred Circle,
Millennium Pointe Subdivision, Johnston County, NC.
History & Existing Conditions:
Millennium Four, LLC (Millennium Four) was the developer of the Millennium Pointe Subdivision,
subdivided the individual residential lots and constructed the necessary infrastructure (e.g., roads,
etc.). All work performed by Millennium Four was conducted in uplands without impacts to
wetlands, waters or buffers. Millennium Four obtained all necessary construction and land
disturbance permits from Johnston County. Residential lots were then sold to individual
homebuilders. Superior Homes of Johnston County, LLC (Superior Homes) purchased Lot No.
48 from Millennium Four on January 10, 2008 and built the existing house. The Farnhams
purchased the lot and house from Superior Homes on April 18, 2008.
Page 1 of 3
Millennium Pointe Subdivision
S&EC Project #11584.P1
S&EC was contracted by Millennium Four in December 2010 to assist in the resolution of the
outstanding violations associated with Section 401/404 of the Clean Water Act and the North
Carolina Division of Water Quality Wetland Standards as outlined in the USACE and NC DWQ
letters. S&EC met several times with Millennium Four, the USACE and NC DWQ.
Response to NC DWQ November 2010 NOV:
The November 22, 2010 NOV from NC DWQ requested the following information. We have
provided responses and information to each of the three (3) items.
1. Documentation depicting all jurisdictional features (e.g. wetlands). A description and
quantification of the impacts to those jurisdictional features and your plans to avoid
further wetland impacts on site.
Attached is the survey for Lot # 48, completed by L. Dennis Lee, PLS. This survey
identifies the jurisdictional wetlands that were delineated by the USACE. In addition, this
survey identifies flagged lines that were identified by S&EC and confirmed by the USACE,
these lines depict the wetlands that have or will be "filled/removed" from jurisdiction (0.138
acres), the wetlands that have been temporarily impacted (0.006 acres) and jurisdictional
wetlands that are to remain (0.080 acres).
2. A Wetland Restoration Plan to this office for review and approval. You are encouraged
to secure a consultant to assist you with your plan development necessary to achieve
compliance. This plan should include the following:
a. The restoration plan must describe how the earthen fill material and the house
placed in wetland will be removed and how the wetland will be returned to its
original grade:
b. Satisfactory wetland restoration requires the replanting of at least two native
hardwood wetland species and the maintenance of a stem/survivorship of at least
320 trees per acre at the end of three years. Also, this plan will require an
herbaceous wetland seed mix for all wetlands that are disturbed,
c. Include a detailed implementation schedule with dates explaining when the wetland
restoration will be accomplished. This schedule should include a three-year
monitoring plan to ensure that the wetlands are restored. It is important that you
adhere to this new plan once approved by DWQ and if you make any modifications
to it, the DWQ approve them.
Attached is the after-the-fact Pre-Construction Notification (PCN) Application and
supplemental information requesting authorization for the existing impacts to wetlands on
Lot #48. Please note that Lot #48 did not have a residential structure within wetlands, only
earthen fill material to the east (back yard) of the structure. As such, this package does not
include a "restoration plan"; however a compensatory mitigation plan is outlined within the
PCN application.
3. If you wish for any impacts to remain in place you must submit a 401 Water Quality
Certification for DWQ's approval.
As discussed above, please see the attached after-the-fact PCN application and
supplemental information requesting authorization for the existing impacts to wetlands on
Lot #48 to remain.
Response to USACE December 2010 Notification of Unauthorized Activity:
The December 2010 notification included "Remedial Action Requested". We have provided a
response to this request below:
Page 2 of 3
Millennium Pointe Subdivision
S&EC Project #11584.P1
Fill material placed within wetlands must be removed and restored or permitted with an After the
Fact Permit. If you chose to apply for a permit, any fill above 0.1 acre shall be mitigated for
through one of the following means: Payment into an In Lieu Fee Program, purchase of credits
from a mitigation bank, or preservation of jurisdictional wetlands near the site. Any mitigation
must be approved by the Corps of Engineers.
The Corps of Engineers is requesting a proposal from the property owners, builder, and or
developers. This proposal shall contain a total acreage of currently impacted wetlands, and fill
material proposed to be removed and area restored, any fill material requested to remain, and
any proposed additional fill or impacts to Waters of the US including wetlands. It is my
understanding that if the house at 59 S. Fred Circle is to remain; further wetland impacts may be
needed in order to eliminate water problems. If this is the case, these impacts should be
described in detail. Please respond with a proposal letter, restoration plan, and/or permit
application on or before February 15, 2010. If you cannot respond before this deadline, please
contact the Corps by letter stating why this deadline could not be met.
Attached is the after-the-fact PCN Application and supplemental information requesting
authorization for the existing impacts to wetlands on Lot #48. This PCN application package
includes a survey that identifies and quantifies the existing impacts and wetlands to remain on Lot
#48 (i.e. 29 S. Fred Circle). Please note that this application does not cover impacts to wetlands
at 59 S. Fred Circle.
Additionally, the applicant would like to propose preservation at a 5:1 ratio within the adjacent
wetland/floodplain area of Spring Branch (a.k.a. Sasser Rise Branch). This preservation is being
proposed to be provided in the form of a recorded restrictive covenant or declaration of
conservation.
After-the-Fact (ATF) Request:
The attached PCN requests the following existing impacts be formally approved.
• 0.138 acres wetlands (Permanent)
• 0.006 acres wetlands (Temporary)
Based on correspondence with Mrs. Witherspoon and Mr. Brown, it is our understanding that the
responses documented above along with the attached "after-the-fact" application (if approved)
and compensatory mitigation plan should bring Lot #48 of Millennium Pointe Subdivision back
into compliance with USACE and NC DWQ wetland regulations. Please contact me if any
additional information is required.
Sincerely,
oil & Environm ntal Consultants, PA
Bob Zarzecki, Wetlands Department Manager
Attachments: "After-the-fact" Application Package
PCN Application
Agent Authorization
USGS/Soils Maps
Lot #48 Survey
November 22, 2010 DWQ Notice of Violation/Notice of Intent Letter
December 15, 2010 Notification of Unauthorized Activity Letter
DWQ Application Fee $240.00 Check
Page 3of3
O?ot W ATE
O Y
20 1 1 085 4
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
;
A. Applicant Information
1
1. Processing
iw
I a. Type(s) of approval sought from the
Corps:
®Section 404 Permit ? Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: N/A
1 c. Has the NWP or GP number been verified by the Corps? ® Yes ? No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification:
? Yes ® No For the record only for Corps Permit:

? Yes ® No
If. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu
fee program. ? Yes ® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below. ? Yes ® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Lot 48-Millennium Pointe Subdivision
2b. County: Johnston
2c. Nearest municipality / town: Kenly
2d. Subdivision name: Millennium Pointe
2e. NCDOT only, T.I.P. or state
project no: N/A
3. Owner Information
3a. Name(s) on Recorded Deed: Douglas L. and Paula M. Farnham
3b. Deed Book and Page No. D.B. 3539, Pg. 969
3c. Responsible Party (for LLC if
applicable): Douglas L. and Paula M. Farnham
3d. Street address: 28 South Fred Circle
3e. City, state, zip: Kenly, NC 27542
3f. Telephone no.: 919-284-3909
3g. Fax no.: N/A
3h. Email address: N/A
Page 1 of 13
PCN Form - Version 1.3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is: ? Agent ® Other, specify: Owner please send correspondence to both owner
and agent.
4b. Name: Douglas L. and Paula M. Farnham
4c. Business name

(if applicable):
N/A
4d. Street address: 28 South Fred Circle
4e. City, state, zip: Kenly, NC 27542
4f. Telephone no.: 919-284-3909
4g. Fax no.: N/A
4h. Email address: N/A
5. Agent/Consultant Information (if applicable)
5a. Name: Bob Zarzecki
5b. Business name
(if applicable): Soil & Environmental Consultants, PA
5c. Street address: 11010 Raven Ridge Road
5d. City, state, zip: Raleigh, NC 27614
5e. Telephone no.: 919-846-5900
5f. Fax no.: 919-846-9467
5g. Email address: BZarzecki(a)SandEC.com
Page 2 of 13
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): Parcel ID: 2654-43-8949
1 b. Site coordinates (in decimal degrees): Latitude: 35.5163 Longitude: -78.1435
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: ± 0.835 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Spring Branch (a.k.a. Sasser Rise Branch); 27-57-20
proposed project:
2b. Water Quality Classification of nearest receiving water: C, NSW
2c. River basin: Neuse 03-04-06; Hydrologic Unit Code 03020201
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application: The existing conditions on site area single family residential lot that is grassed and partially wooded with a
residential structure and driveway. The general land use in the vicinity of the project is mostly forested and agricultural,
and some rural residential and new residential.
3b. List the total estimated acreage of all existing wetlands on the property:
± 0.224 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
No streams exist on the property
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to obtain authorization for the proposed fill on the residential lot.
3e. Describe the overall project in detail, including the type of equipment to be used:
The overall project consists of a residential structure, driveway, and future 16'x 20' assessory building. Equipment
such as bull dozers, bucket loaders and other typical equipment used for land disturbance and construction was
most likely utilized for this project.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes ? No ? Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
®Preliminary ? Final
Comments: Thomas Brown (USACE) delineated the
wetlands onsite.
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Thomas Brown of the USACE delineated Agency/Consultant Company:
the wetlands within the property boundaries and Bob USACE and Soil & Environmental Consultants, PA
Zarzecki of S&EC delineated a line demarcating what was Other:
previously impacted.
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Mr. Thomas Brown conducted a site inspection in 2010 and as a result, issued a Notification of Unauthorized Activity
(Action ID#2010-02101) and subsequently delineated the wetlands within the property boundaries. In October 2010, Mrs.
Lauren Witherspoon conducted a site inspection and as a result, issued a Notice of Violation & Notice of Intent to Enforce
identifying Wetland Standards violations and Failure to Secure a 401 Water Quality Certification Violation (NOV-2010-
WQ-0077).
Page 3 of 13
PCN Form - Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? ? Yes No
® ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
N/A
6. Future Project Plans
6a. Is this a phased project? ? IS ® No
6b. If yes, explain.
N/A
Page 4 of 13
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
® Wetlands ? Streams - tributaries ? Buffers
? Open Waters ? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a. 2b. 2c. 2d. 2e. 2f.
Wetland impact number Type of jurisdiction
- Permanent (P) or Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact
Temporary( T if known DWQ - non-404, other acres
W1 ? P ®T Fill Headwater ® Yes ® Corps 0
006
Forested WL ? No ? DWQ .
W2 ®P ? T Fill Headwater ® Yes ® Corps 138
0
Forested WL ? No ? DWQ .
W3 ? P ? T ? Yes ? Corps
? No ? DWQ
W4 ? P ? T ? Yes ? Corps
? No ? DWQ
W5 ? P ? T ? Yes ? Corps
? No ? DWQ
2g. Total wetland impacts 0.144
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a. 3b. 3c. 3d. 3e. 3f. 3g.
Stream impact number Type of impact Stream name Perennial Type of jurisdiction Average Impact
-Permanent (P) or (PER) or (Corps - 404, 10 stream length
Temporary (T) intermittent DWQ - non-404, width (linear
(INT)? other) (feet) feet)
S1 ? P ? T ? PER ? Corps
? INT ? DWQ
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
S4 ? P ? T ? PER ? Corps
? INT ? DWQ
3h. Total stream and tributary impacts
3i. Comments:
Page 5 of 13
PCN Form - Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individual) list all open water im acts below.
4a. 4b. 4c. 4d. 4e.
Open water impact Name of waterbody
number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ?P?T
02 ?P?T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If and or lake construction proposed, then com lete the chart below.
5a. 5b. 5c. 5d. 5e.

Pond ID
Proposed use or purpose of Wetland Impacts (acres) Stream Impacts (feet) Upland

number (acres)
pond Flood
ed Filled Excavated Flooded Filled Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
? Yes ? No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 6 of 13
PCN Form - Version 1.3 December 10, 2008 Version
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
? Neuse ? Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason for impact Buffer Zone 1 impact Zone 2 impact
Permanent (P) or Stream name mitigation (square feet
)
(square feet)
Tem orar T ?
required.
131 ?P?T ?Yes
? No
B2 ?P?T ?Yes
? No
B3 ?P?T ?Yes
? No
B4 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments:
Page 7 of 13
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Jurisdictional wetlands were not identified on Lot #48 until after construction of the residential structure and the
subsequent grading activities to the east. Impacts to 0.144 acres of wetlands have taken place (0.138 acres
permanent & 0.006 temporary). Total jurisdictional wetlands for Lot #48 are 0.224. The applicant requests
authorization to permanently impact 0.138 acres of wetlands. The remaining 0.086 acres of wetlands will remain.
The applicant is aware of the regional conditions associated with the Nationwide Permit 29. With respect to
residential development conditions (NWP 29-Regional Conditions section 4.0) the applicant does not anticipate any
impacts to streams or wetlands associated with stormwater facilities, there are no impacts associated with single-
family recreation facilities, there are no permanent wetland or stream fills proposed within the floodway/floodplain
and the stream classification for this project is C, NSW (i.e. not Outstanding Resource Waters, High Quality Waters,
Coastal Wetlands or wetland adjacent to these waters).
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Erosion & Sediment Control measures such as silt fencing will be used for any additional construction activities.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ® Yes ? No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ? DWQ ® Corps
? Mitigation bank
2c. If yes, which mitigation option will be used for this
project?
? Payment to in-lieu fee program
® Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:

3b. Credits Purchased (attach receipt and letter)
Type
___-T
Quantity
-
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a. Approval letter from in-lieu fee program is attached. ? Yes
4b. Stream mitigation requested: 0 linear feet
4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold
4d. Buffer mitigation requested (DWQ only): 0 square feet
4e. Riparian wetland mitigation requested: 0 acres
4f. Non-riparian wetland mitigation requested: 0 acres
4g. Coastal (tidal) wetland mitigation requested: 0 acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
Page 8 of 13
PCN Form - Version 1.3 December 10, 2008 Version
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Preservation at a 5:1 ratio will be provided in the form of either a restrictive covenants or declaration of conservation for
the unauthorized impacts to wetlands. This preservation will be located within the adjacent wetland/floodplain area of
Spring Branch (a.k.a. Sasser Rise Branch), just east of Lot #48 and will be provided by Millennium Four, LLC. The
applicant and Millennium Four, LLC request a conditional approval that allows for some time to come to a resolution on
Lot #49.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires ? Yes ? No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 9 of 13
PCN Form - Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ? No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments: The project consists of a single family lot with a single residence. No ? Yes ® No
concentrated stormwater is being discharged off the property. No stormwater
outfalls from the development discharge to protected buffers.
2. Stormwater Management Plan
Lot #48 has a maximum allowable
2a. What is the overall percent imperviousness of this project? impervious percentage amount of
4,288 ft2 (less than 1291o). Entire
subdivision less than 24%.
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
This project consists of a single family lot with a single residence, within an already developed subdivision. In addition,
the impervious percentage for the entire subdivision is below 24% and would be considered "low density".
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
? Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWO Stormwater Program
? DWO 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Wake County
? Phase II
3b. Which of the following locally-implemented stormwater management programs ? NSW
? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No
attached?
4. DWQ Stormwater Program Review
? Coastal counties
? HOW
4a. Which of the following state-implemented stormwater management programs apply ? ORW
(check all that apply):
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? ? Yes ? No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No
5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No
Page 10 of 13
PCN Form - Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ? Yes ? No
letter.) Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ® Yes ? No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ® Yes ? No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): A Notification of
Unauthorized Activity (Action ID#2010-02101) was issued by the USACE to Mr. Dennis Lee, one of the four developers of
Millennium Four, LLC on December 15, 2010. Additionally, a Notice of Violation & Notice of Intent to Enforce (NOV-2010-
WQ-0077) was issued by the NCDWQ to Mr. Dennis Lee of Millennium Four, LLC along with the other three developers of
Millennium Four, LLC and Mr. Linwood Earl Hines, Jr. of Superior Homes of Johnston County, Inc. on November 22,
2010. Both Notices identify unauthorized wetland fill within Lot # 48 of Millennium Pointe Subdivision. Douglas L. and
Paula M. Farnham are applying for the After-the-Fact Nationwide Permit because they are the current land owners. The
Notices were issued to Millennium Four, LLC because they were the original developers of the subdivision and to Superior
Homes of Johnston County, Inc. because they were the homebuilders for Lot #48. Millennium Four, LLC did not conduct
any of the unauthorized fill to wetlands. This After-the-Fact PCN Application is requesting written authorization for these
unintentional wetland impacts in order to bring Lot #48 into compliance with the USACE and the NCDWQ.
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
We have reviewed the "Draft Internal Policy, Cumulative impacts and the 401 Water Quality Certification and Isolated
Wetlands Programs" document prepared by the NC Division of Water Quality on April 10, 2004, version 2.1. The draft
states that many private developments are unlikely to cause cumulative impacts, including projects such as urban in-fill,
most residential subdivisions and small commercial developments as well as agricultural and silvicu/tura/ operations. Lot
#48 within Millennium Pointe Subdivision is a single family residential lot within a previously developed residential
subdivision. Additionally, this project is located within the Neuse River Basin, therefore the adjacent properties that
have potential for development will have the following regulations to protect downstream waters: 1) the Neuse River
Basin Riparian Buffer Protection regulations, these regulations require limited development within the riparian buffer
area in addition to "diffuse flow" requirements at a minimum and could require Best Management Practices that
control nitrogen if diffuse flow cannot be achieved. We anticipate that the DWQ will advise us if any additional
information is needed.
Page 11 of 13
PCN Form - Version 1.3 December 10, 2008 Version
4. Sewage Disposal (DWQ Requirement)
4a. 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. This property has a septic field that treats the
wastewater generated from the property.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ? Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ? Yes ® No
impacts?
El Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat? The NC-Natural Heritage Programs Virtual Workroom was used to search for elemental occurrences of state and
federally protected species in the vicinity of the project. It was determined based on the search that there are eight (8)
elemental occurrences that were found within two miles of the project boundaries. None of the 8 is listed as Federally
Endangered. One of the 8 is listed as Endangered by the State and four (4) of the 8 are listed as Threatened by the State. See
table below.
A &A
Ilk"

Ambloplites Roanoke Bass 1961-07-20 SR FSC Streams in Neuse and Tar systems
cavifrons
Elliptio Roanoke 2003-10-22 T Most Atlantic drainages
roanokensis Slabshell
Heterodon Southern 1995-pre SC FSC Sandy woods, particularly pine-oak
simus Hognose Snake sandhills
Lampsilis Yellow A number of river systems; mainly
1998-08-11 E FSC
cariosa Lampmussel
near the Fall Line
Lampsilis Eastern 2003-10-22 T A number of river systems
radiata Lampmussel
Necturus Neuse River Rivers and large streams in Neuse
lewisi Waterdog 2004-04-20 SC and Tar drainages (endemic to North
Carolina)
Noturus Carolina 1982-05-19 T FSC Tar and Neuse drainages (endemic to
furiosus Madtom North Carolina)
Strophitus Most river basins in the Coastal Plain
undulatus Creeper 1998-08-10 T and Piedmont, plus French Broad
basin in the mountains
References: (NHP] North Carolina Natural Heritage Program. 2011. Internet-based search: Natural Heritage Program Virtual
Workroom <http://www.ncnhp.org> Accessed 22 August 2011.
Page 12 of 13
PCN Form - Version 1.3 December 10, 2008 Version
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? References:
[NOAH] National Oceanic and Atmospheric Administration. 2010. Internet-based search: NOAA Fisheries Essential
Fish Habitat Mapper http://sharpfin.nmfs.noaa.gov/website/EFH Mapper/map.aspx Accessed 22 August 2011
2011.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ? Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Records checks at the State Historic Preservation Office or the Office of State Archeology were not performed. This is an
after-the-fact application and S&EC is not aware of what or if any structures were present before the construction of the
residential home on Lot #48.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ? Yes ® No
8b. If yes, explain how project meets FEMA requirements: N/A
8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Information System Program
Bob Zarzecki September
' 16
2011
Applicant/Agent
s Printed Name Z
A
ti ,
--
pp
c n Sign ture Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 13 of 13
PCN Form - Version 1.3 December 10, 2008 Version
Name:
Addm
Phone;
Projec
Date:
Environmental Consultants, PA
s Rood • llaleish, Nm* Cannon 27614 • Phow [phone] • Far: [phone]
The Depwb=t of the Army
U.S. Army Corps ofF.ngincers, Wilmington District
P.O. Boa 1890
Wilrningto NC 28402
Attn:
Field Office: () p tri i
Re: Wetlands Related Consulting and Permitting
To Whom It May Concern:
I, the current landowner or municipal official, hereby designate and authorize Soil LOX Environmental Co-sultants,
PA to act in my behalf as my agent in the processing of permit applications fmnish upon est suppl a
e, r?Q i
information in support of applications, etc. from this day forward. The QtP6 -day of of I Y-.
This notification supersedes any previous con=pondence concerning the agent for this project.
NOTICE: This authorization, for liability and proto clonal courtesy reasons, is vdid only for government officials to
enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site meeting prior to
visiting the site.
*C:0M OOwner's or M ipal Official's Name er's or cipal cw,s ignature
C?. K; Jarol ?(?nQ•rn
c: Bob
c Y Y c
NCDENR - DWQ Soil & Environmental Consultants, PA
2321 Crabtree Boulevard
Rakish, NC 27604
ri"awbom office:
236 LePhillip Court, Suite C 3817-E Lawndsle Drive
Concord, NC 28425 Greensboro, NC 27455
Phone: [phone] Phone: [phone]
Fax: [phone] Fax: [phone]
AGENT AUTHORIZATION FORM
I
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ll
J t
F-
LU
a

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iJ'X J
,r r-?
I-J
Project No. Figure 1-USGS
11584.P1 Quadrangle Map
Project Mgr.: Millennium Four LLC, Soil & Environmental Consultants, PA
BZ Millennium Point Lot 48 11010 Raven Ridge Rd.- Raleigh, NC 27614
Scale: Johnston Co, NC [phone] • [phone]
Web Page: www,SandEC.com
1" = 500' Kenly W and Princeton Quad
9/1/11
N(4�A
a
sr c s
IVFlo a
was
R
A_
Project No. Figure 2-NRCS
11584.P1 Soil Survey Map
Project Mgr.: Millennium Four LLC,
BZ Millennium Point Lot 48
Scale: Johnston Co, NC
1" = 500'
Johnston Co Soil Survey
9/1/11 Sheet 8
NnQ
dy 6
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd. - Raleigh, NC 27614
[phone] - [phone]
Web Page: www.SandEC.com

VICINITY MAP - NO SCALE
AREAS ARE COMPUTED BY COORDINATE METHOD.
LEGEND
EIS EXISTING IRON STAKE OR PIPE
CP COMPUTED POINT
FLAG USACOE WIRE FLAG
D.B. DEED BOOK
P.B. PLAT BOOK
PG. PAGE
EPK EXISTING P-K NAIL

R/W I
RIGHT-OF-WAY
EX. EXISTING
Z
Z
G
v ?
m Q 35
Z
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10
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CONTROL CORNER 1
EPK IN C/L OF
PRINCETON-KENLY RD. Z
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Z
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? W
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NCGS MON. "RAINS"
NAD 83/86 COORD.
N 643,242.647'/
E 2,254,436.436'
S
34 \
LINE TABLE LINE TABLE
LINE III DIRECTION LENGTH LINE / DIRECTION LENGTH
L10 N21' 21' 28"W 28.46' L49 S22' 15' 02"W 25.85'
L11 N14' 07' 38"W 2.79' L50 S14' 02' 45"W 29.90'
L12 N14' 07' 38"W 16.17' L51 S04' 48' 07"E 22.45'
L13 N02' 42' 31"E 40.22' L52 S04' 48' 07"E 9.85'
L14 N00' 52' 24"W 41.81' L53 S74' 20' 35"W 28.33'
L15 N73' 04' 50"E 42.91' 1 1 L54 N45' 29' 42"W B. 06'
Lib S83' 43' 43"E 34.23' 1 1 L55 S69' 51' 56"W 34.30-
L17 N51' 06' 12"E 38.86'
L18 S07' 51' 43"E 57.55'
L19 S26' 26' 52"W 45.46'
L20 S26' 26' 52"W 2.80' SVB
L21
08' WE
Sl 0' 8
47.12'

Z
569' 51' 56"W 61.83' O 9MENt
NN\01111\ 99
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LOT 48 \ HOUSE m 03 o o
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alt C J n
/ f?'1• S FUTURE ROS G ?? FLAG N tO
i PPPR W 2 l FLAG
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FLAG
49
CURVE TABLE EIS
FCURVE DELTA LENGTH RADIUS CH. BEARING CH. DIST.
C21 13'27'17" 134.16' 571.32' N16'05'19"W 133.85'
\ Zt9 56
\%\ 569 3A 50.*
LOT 48 LINES L10 THRU L21 DEPICTS THE AREA DEFINED WITH FLAGS
DELINEATING JURISDICTIONAL WETLANDS PLACED BY THOMAS L.
NERt DOUGLAS L. FARNHAM EIS BROWN, REGULATORY SPECIALIST, U.S. ARMY CORP OF
PAULA M. FARNHAM ENGINEERS, RALEIGH REGULATORY FIELD OFFICE ON 10/7/2010.
DRESS1 28 S. FRED CIRCLE LINES L49 THRU L54 DEPICT FLAGS PLACED BY BOB ZARZECKI,
KENLY, NC 27542
I SOIL & ENVIRONMENTAL CONSULTANTS, PA ON 1/10/2011 AND
DEED REF: D.B
D.B. 3531, PG. 969 REVIEWED BY THOMAS L. BROWN, REGULATORY SPECIALIST ON
t/10/2011
PIN: 2654-43-8949 /
THIS MAP REPRESENTS THE SURVEYED POSITION OF THESE
FLAGS AND DELINEATIONS SHOWN IN REFERENCE TO THE
•?ti PROPERTY LINES AND AFFECTED BUILDING IMPROVEMENTS OF
/ LOT 48. THE EXIST. CONC. DRIVE AND HOUSE ARE SHOWN IN
THEIR APPROXIMATE LOCATION AND CONFIGURATION FOR
REPRESENTATION PURPOSES ONLY. LANDSCAPING IMPROVE-
MENTS AR
N
T

b?J E
O
SHOWN. PROPERTY LINES NOT SURVEYED ARE
SHOWN AS DASHED LINES AND ARE DRAWN FROM SUBDIVISION

l PLAT RECORDED IN PLAT BOOK 69, PAGE 199, JOHNSTON
A
C' COUNTY REGISTER OF DEEDS OFFICE.
0.138 ACRE _ FILLED/REMOVED WETLANDS
SD•b ® 0.006 ACRE _ IMPACTED WETLANDS
® 0.080 ACRE _ NON-IMPACTED WETLANDS
/ V 2/16/KEDBY REVISED 2/16/2011 TO INCLUDE F• LgGS PLA BOB
ZARZECKI, SOIL & ENVIRONMENTAL CONSULTANTS, PA ON
1/10/2011 AND LINES AND AREAS REPRESENTED THEREOF,
TO REMOVE USACE CERTIFICATE, AND TO CHANGE TITLE
fpK N52'25', 53.75'
CONTROL co,%, S CATO NCGS MON. "RAINS"
R
RAINS CROSSROADS cR?SX),
1, L. DENNIS LEE, PLSL-1544, CERTIFY THAT THIS PLAT WAS DRAWN
UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY
SUPERVISION, THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN AS
DASHED LINES DRAWN FROM PLAT INFORMATION FOUND IN PLAT
BOOK 01 PAGE 198: THAT THE RATIO OF PRECISION AS
CALCULATED IS 1: 7.500+: THAT THIS PLAT WAS PREPARED IN
PLAT OF SURVEY
DEPICTING USACE FLAGS OF
DEFINED AREA ON EXISTING LOT 48
ILLENNIUM POINTE SUBDIVISION. PH. 1113
ACCORDANCE WITH NC STANDARDS OF PRACTICE. ov
THAT THIS PLAT MEETS THE REQUIREMENT OF G.S. 47-30 SECTION "C? ?ARQ<4i??.
F-11-D. THIS PLAT IS OF A SURVEY OF ANOTHER CATEGORY, Q? ,,,`jjj E$$? '•., 2
SUCH AS THE RECOMBINATION OF EXISTING PARCELS, A i _• 7
COURT-ORDERED SURVEY OR OTHER EXCEPTION TO THE DEFINITIOPP
OF SUBDIVISION. SEAL
WITNESS MY ORIGINAL SIGNATURE AND SEAL THIS Zlti DAY OFr L-1544
NOVEMBER. A.D., 2010. •'7iL '
Z/
. '
L. DENNIS LEE, PLS L-1544 --- -------- I•,i?y, `.gym ?5 ?44?'
BOON HILL TOWNSHIP
JOHNSTON COUNTY NORTH CAROLINA
SCALE- 1' = 50' 11-6-2010 DWN. BY: LDL
DATE OF SURVEY 10-25-2010
SCALE IN FEET
0 25 50 100 150 200
L, DENNIS LEE, PLS
848 JUNIPER ROAD, FOUR OAKS, N.C. 27524 FILE MI IF14A
PHONE: [phone] DWG L41545-Ag
NUMA
11
FLA
Y\?ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 22, 2010
CERTIFIED MAiL It 176"
1900 00001105 6121
CERTIFIED MAIL # 70081300 00001145 1
REST RN RECEIPT REQUESTED
The Millennium Four
LLC ' RETURN RECEIPT REQUESTED
,
Attn: Jeffrey H
Batten The Millennium Four, I,LC
.

71 Brookwood Drive At
Erwin Massengill
67 Fellowship Church Road
Smithfield, NC 27577 Princeton, NC 27569
CERTIFIED MAIL # 700 13
00 1105 6145.
RETURN RECEIPT REQUESTED F
rE-E R TIFIED W,# 01105 604

The Millennium Four, LLC ETURN RECEIPT REQUESTED
The Millennium Four
LLC
Attn: Dennis Lee
848 Juniper Road ,
Attn: Ben Youngblood .

Four Oaks, NC 27524 301 Lee-Youngblood Road
Smithfield, NC 27577
CERTIFIED MAIL-# 70481300 00001105 6053
RETURN RECEIPT REQUESTED
Superior Homes of Johnston County, Inc.
Attn: Linwood Earl Hines, Jr.
566 Pondfield Road
Princeton, NC 27569
Subject: NOTICE OF VIOLATION
NOTICE OF INTENT TO ENFORCE
NOV-2010-WQ-0077
Millennium Pointe Subdivision
35.51587 N, -78.14410 W
NC Pin: 265400-43-8896 & 265400-43-8949
28 S. Fred Circle and 59 S. Fred Circle
Wetland Standards Violation
Failure to Secure a 401 Water Certification
Johnston County
Dear Sir or Madam:
On October 21, 2010, Lauren Witherspoon from the Raleigh Regional Office of the N.C. Division of Water
Quality (DWQ) conducted a site inspection at the Millennium Pointe Subdivision located north of the intersection
of Rains Crossroads Road (SR 2320) and Princeton-Kenly Road (SR 2342) in Kenly, Johnston County, NC. The
site is in the Spring Branch, Class C NSW waters, in the Neuse River Basin.
NAac
corthCarolina
North Carolina Division of Water Quality Raleigh Regional Orrice Surface Water Protection Phone 91 Customr J ervice l?
Intemet: www.ncwaterquality.org 1828 Mail Service Center Raleigh, NC 27899-1828 FAX [phone].8 3-8748 ice
. An Equal OpportunitylAf native Action Employer - 50% Recycled/109 Post Consumer Paper
Millennium Pointe
Page 2
The site inspection and file review revealed the following:
• Wetland delineation flags were observed at 28 S. Fred Circle and 59 S. Fred Circle in the Millennium
Subdivision. DWQ confirmed that the flags were placed there by the US Army Corps of Engineers;
• Fill was observed in wetlands on these two parcels. Approximately 3,000 square feet of earthen fill was
observed at 28. S. Fred Circle and measured approximately 2 inches in depth. Approximately 3,500
square feet of earthen fill and a portion of a house was observed at 59 S. Fred Circle and measured greater
than 8 inches in depth;
• A 401 Water Quality Certification (WQC) has not been issued to authorize this activity.
As a result of the site inspection, the following violations, detailed below, are noted:
Item I. Wetlands Standards Violation
15A NCAC 02B .0231 (b)
(1) Liquids, fill or other solids or dissolved gases may not be present in amounts which may cause
adverse impacts on existing wetland uses;
(5) Hydrological conditions necessary to support the biological and physical characteristics naturally
present in wetlands shall be protected to prevent adverse impacts on:
(C) The chemical, nutrient and dissolved oxygen regime of the wetland;
(D) The movement of aquatic fauna;
(F) Water levels or elevations.
Item II. Failure to Secure a 401 Water Quality Certification
A file review confirmed that a Pre-construction Notification has not been received by the Division of Water
Quality for this project and that a 401 Water Quality Certification has not been issued. A Pre-Construction
Notification approval by DWQ is required prior to the impacts pursuant to 15A NCAC 2H.0500.
Required Response
You are directed to respond to this letter in writing within 30 days of receipt. You are also encouraged to secure a
consultant who specializes in wetland restoration and/or permitting to assist you with the development and
submittal of the following:
1. Documentation depicting all jurisdictional features (e.g. wetlands). A description and quantification of
the impacts to those jurisdictional features and your plans to avoid further wetland impacts on the site.
2. A Wetland Restoration Plan to this office for review and approval. You are encouraged to secure a
consultant to assist you with your plan development necessary to achieve compliance. This plan should
include the following:
a. The restoration plan must describe how the earthen fill material and the house placed in
wetland will be removed and how the wetland will be returned to its original grade;
b. Satisfactory wetland restoration requires the replanting of at least two native hardwood wetland
species and the maintenance of a stem density/survivorship of at least 320 trees per acre at the
end of three years. Also, this plan will require an herbaceous wetland seed mix for all wetlands
that are disturbed;
C. Include a detailed implementation schedule with dates explaining,when the wetland restoration
will be accomplished. This schedule should include a three-year monitoring plan to ensure that
Millennium. Pointe
Page 3
the wetlands are restored. It is important that you adhere to this new plan once approved by
DWQ and if you make any modifications to it, that DWQ approve them.
2. If you wish for any impacts to remain in place you must submit a 40t Water Quality Certification for
DWQ's approval.
Finally, please explain how you propose to prevent these problems from reoccurring on future projects.
Submit Requested Items To:
Lauren Witherspoon
DWQ Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
Thank you for your attention to this matter. This office requires that the violations, as detailed above, be
abated immediately. These violations and any future violations are subject/to a civil penalty assessment of
up to $25,000.00 per day for each violation'. Should you have any questions regarding these matters, please
contact Lauren Witherspoon at [phone],
incerel ,
Danny Smith
Regional Supervisor
Surface Water Protection Section
cc: NPS Assistance and Compliance Oversight Unit
Ian McMillan - 401 Oversight and Express Permits Unit
RRO - Water Quality Files
Thomas Brown - USACE Raleigh Field Office
Jimmy and Jessica Pilkington, 59 S. Fred Circle, Kenly, NC 27542
Douglas and Paula Farnham, 28 S. Fred Circle, Kenly, NC 27542
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID:_ 2010-02101 County: Johnston
NOTIFICATION OF UNAUTHORIZED ACTIVITY / PERMIT NONCOMPLIANCE
Responsible Authorized
Party L. Dennis Lee. PLS Agent
Address . 848 Juniper Road Address
Four Oaks, NC 27524
Telephone Number Telephone Number'
Size and Location of Property (waterbody, Highway name/number, town, etc.): The properties are
located at 28 S. Fred Circle; and 59 S. Fred Circle, in Millennium Pointe Subdivision, south, of Kenly,
north of Princeton, Johnston County, NC.
Description of Unauthorized Activity / Permit Noncompliance: Two lots within the Millennium
Pointe Subdivision contain wetlands adjacent to a stream that flows into the Little.River. The properties
contain wetland fill not authorized by the by a Department of the Army Permit. The property located at
59 S. Fred Circle, contains fill in the form of a home foundation, out building, and soil used to level and
raise the grade of the back yard. The property located at 28 S Fred Circle contains fill in the form of soil
used to level and raise the grade of the back yard: The extent . of fill has yet to be determined but is
estimated at a combined 0.3 acres.
The wetlands on site have been delineated and surveyed. The wetland delineation maps were received by
the Corps of Engineers on November 10, 2010, and are attached to this letter.
Indicate Which of the Followine Apply:
X Unauthorized Activity River and Harbor Act, Section 10 (33 USC 403)
Noncompliance with Permit X Clean Water Act, Section 301(33 USC 1311)
Unless you have a Department of the Army Permit for the above-described activity, it is a violation of federal law
asspecitaed above. You have agreed to do no further work in waters or wetlands without the required Department
of the Army Permit. Any further unauthorized work in waters or wetlands will be considered an intentional
violation of federal law. If you do no further work in waters and wetlands, and perform the remedial action
requested below, the Corps of.Engineers will take no further action in this matter. If you continue to
work in waters and wetlands without, the required authorization, and/or fail to perform the requested.
remedial action, the Corps will take further- administrative action, and may request the U.S. Attorney to
file suit against you. If you treed further information about the Corps of Engineers regulatory -program,
please contact Thomas Brown at telephone number [phone] extension 22

Action ID: 2010-02101 County: Johnston.
Remedial Action Requested: Fill material placed within wetlands. must be- removed and restored or
permitted with an After the Fact Permit. If,you chose to apply for a permit, -any fill above 0.1 acre shall
be mitigated for through one of the following means: Payment into an In -Lieu Fee Program, purchase of
credits from a mitigation bank, or preservation of jurisdictional wetlands near the site. Any mitigation
must be approved by the Corps of Engineers.
The Corps of Engineers is requesting a proposal from the property owners, builder, and or developers.
This proposal shall contain a total acreage of currently impacted wetlands, any fill material proposed to be
removed and area restored, any fill material requested to remain, and any proposed additional fill or
impacts to Waters of the US including wetlands. It is my understanding that if the house located at 59 S.
Fred Circle is to remain; further wetland impacts may be needed in order to eliminate water problems. If
this is the case, these impacts should be described in detail. Please respond with a proposal letter,
restoration plan, and/or permit application on or before February 15, 2010. If you cannot respond before
this deadline, please contact the Corps by letter stating why this deadline could not be met.
If you have any other questions, please feel free to contact Thomas Brovgi at 919-554-4884 x22.
Your signature acknowledges receipt of this notification. Return a signed copy of this notification to
the Raleigh Regulatory Field Office In the enclosed pre- dressed env pe.
Property Owner / Responsible Party Signature
Regulatory Project Manager Signature
Date December 15.2010
CF:
Linwood Hines Jr.
Superior Homes of Johnston County, Inc,
566 Pondfield Road
Princeton, NC 27569
Jimmy and Jessica Pilktngton
59-5. Fred Circle.
Kenly, NC 27542
Douglas and Paula Farnham
28 S. Fred Circle
Keenly, NC 27542