20081342 Ver 1_Corps of Engineer Correspondence_20160718

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
. 69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
July 13, 2016
Regulatory Division/1200A
Action ID: SAW -2008-02598
Mr. Kevin Martin , ,� 2016
Soil and Environmental Consultants
8412 Falls of Neuse Road, Suite 104 ES
Raleigh, North Carolina 27615I U__ Pl ern e
Dear Mr. Martin:
Reference the Department of the Army (DA) permit issued on August 29, 2008, to
Mr. Carlton Midyette, for impacts associated with the construction of a lake located on an
existing 400 acre private cattle farm between Gooseberry Lane and N. Pastures Trail, off
Cedar Creek Rd., near Franklinton, Franklin County, North Carolina. Coordinates (in
decimal degrees) for the site are 36.0586° North, -78.42910 West. The project site
contains several wetlands and unnamed stream channels which drain to Cedar Creek.
Cedar Creek flows into the Tar River, a traditionally navigable water of the United States.
The project is located in the Tar -Pamlico River basin (8 -Digit Cataloging Unit
03020101).
Permanent impacts authorized by this permit totaled 2,265 linear feet of stream
channel and 0.322 acre of wetland.
Also reference your permit modification request received by the Corps dated May
17, 2016, for an extension of time to complete the project and modification to the
deadline for recordation of conservation declaration areas. In the May 17, 2016 request,
you requested an extension of time for 5 years, due to higher than anticipated
construction costs, and lack of discretionary income. The proposed modification would
extend the expiration date to December 31, 2022.
The Corps has completed the evaluation of your request and concurs with your
request for a change in the expiration date with your referenced DA permit. As such, the
expiration date is December 31, 2022. The approved plans have not changed and there
are no additional mitigation requirements for this modification.

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Furthermore, we have completed our evaluation of your request and concur with
your request for a change to Special Condition Number 7 of your existing permit.
Accordingly, Special Condition "7" of your permit is hereby modified to read:
"The permittee shall implement the stream and wetland mitigation plan entitled
"Preservation/Enhancement Plan: Carlton Midyette Pond" dated May 12, 2009.
This plan provides for compensatory mitigation requirements for the project
inundation impacts andfll impacts for the dam and road crossing to jurisdictional
waters (i. e., inundation of 2, 017 linear feet of stream channel and 0.310 acre of
wetlands, 128 linear feet of stream channel fall for the dam (105 linear feet for dam
.fill, and 23 linear feet for the rip rap dissipater pad), 20 linear feet of stream
channel fall for the road crossing, and 0.012 acre of wetland fill for the dam). The
permittee shall implement the preservation and enhancement of stream channels
and wetlands onsite as described in plans submitted on May 12, 2009 prior to, or
concurrently with any impacts to waters of the United States associated with this
permit authorization. Conservation Declaration Areas shall be recorded by July 1,
2022, and fencing shall be completed by December 31, 2022, or within I year of
completion of the dam's construction, whichever occurs first. This plan provides
for the onsite (both upstream and downstream ofproposed lake) preservation of
10,238 linear feet of perennial stream channel, and 3,530 linear feet of
intermittent stream channel with buffers and 4.32 acres of wetlands. Mitigation
ratios, for perennial and intermittent stream channels are 4.7:1 and 1.6:1,
respectively, for a combined ratio of 6.4:1; with the mitigation ratio for wetlands
at 13.4:1. No development of any type will be allowed in the
preservation/enhancement areas. "
Please note that all other permit conditions and exhibits remain in effect as written.
Should you have questions, contact Mr. James Lastinger, Raleigh Regulatory Field Office
at telephone [phone], Extension 32.
Sincerely,
Kevin P. Landers Sr.
Colonel, U.S. Army
District Commander

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Copy Furnished:
Mr. Carlton Midyette
8310 Bandford Way
Raleigh, North Carolina 27615
Ms. Karen Higgins
401 Oversight/Express Review Permitting Unit
Division of Water Resources
Department of Environmental Quality
1617 Mail Service Room
Raleigh, North Carolina 27699
Ms. Jennifer Burdette
Division of Water Resources — 401 & Buffer Permitting Branch
Department of Environmental Quality
1617 Mail Service Room
Raleigh, North Carolina 27699