20060225 Ver 1_COMPLETE FILE_20060210

I02r f' .
o?o? WAr?9Q?
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
April 27, 2006
DWQ Project # 06-0225
Johnston County
Mr. Kenneth A. Talton
2750 Highway 96 North
Selma, NC 27576
Subject Property:
Kenneth A. Talton Farm Pond
Ut to Pole Cat Branch [NEU, C, NSW]
Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River
Buffer Protection Rules (15A NCAC 213 .0233) with Additional Conditions
Dear Mr. Talton:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
within or otherwise impact 590 linear feet of perennial stream and 0.00 square feet (ft) of protected Zone
1 Neuse River basin riparian buffer and 0.00 square feet (ft) of protected Zone 2 Neuse River basin
riparian buffer for the purpose of constructing the proposed farm pond at the subject property, as
described within your application dated February 8, 2006, and received by the N.C. Division of Water
Quality (DWQ) on February 10, 2006. After reviewing your application, we have decided that the
impacts are covered by General Water Quality Certification Number(s) 3402 (GC3402). The
Certification(s) allows you to use Nationwide Permit(s) NW39 when issued by the US Army Corps of
Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to
the protected riparian buffers per 15A NCAC 2B .0233. In addition, you should obtain or otherwise
comply with any other required federal, state or local permits before you go ahead with your project
including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations. Also, this
approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this Certification and approval letter and is thereby responsible for
complying with all conditions. If total fills for this project (now or in the future) exceed one acre of
wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A
NCAC 2H.0506 (h). This approval requires you to follow the conditions-listed in the attached
certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
None Carolina
401 Oversight/Express Review Permitting Unit NluCally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: h"p://h2o.enr.state.ne,us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Kenneth A. Talton "
Page 2 of 4
April 27, 2006
Amount Approved Units Plan Location or Reference
Stream 590 linear feet PCN page 8 of 12
Buffer -Zone 1 0.00 (square ft. PCN page 11 of 12
Buffer - Zone 2 0.00 (square ft. PCN page 11 of 12
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practices, shall be performed so that no violations of state water quality
standards, statutes, or rules occur.
3. Erosion and sediment control practices must be in full compliance with all specifications governing
the proper design, installation and operation and maintenance of such Best Management Practices in
order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control
measures must be such that they equal, or exceed, the requirements specified in the most
recent version of the North Carolina Sediment and Erosion Control Manual. The devices
shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects,
including contractor-owned or leased borrow pits associated with the project.
C. Sufficient materials required for stabilization and/or repair of erosion control measures and
stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum
extent practicable. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, they shall be removed and the natural grade restored within six months of the date that
the Division of Land Resources has released the project;
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing
(or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A
NCAC 213.0233 and GC 3404;
6. Diffuse Flow (No Review)
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into a stream as identified within 15A NCAC 213 .0233 (5). If this is not
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen. This may require additional approval from this Office.
r
Kenneth A. Talton
Page 3 of 4
April 27, 2006
7. Buffered Open Water
This rule protects vegetation in the first 30 feet of land directly adjacent to any water (Zone 1). The
rule allows removing diseased trees and trees in danger of damaging dwellings or the streambank. A
limited amount of harvesting is allowed in the outer 20 feet of Zone 1. The first 10 feet of Zone 1
must remain essentially undisturbed. Newly created inline ponds and lakes must have replanting of
vegetation in an "in kind" manner immediately following construction within disturbed areas located
within 30 feet of the shoreline. [Example: Disturbed areas with pre-existing grassed lawns must be
replanted with grass. Disturbed areas with pre-existing trees or woody vegetation must be replanted
with trees and woody vegetation. Disturbed areas with pre-existing forest,vegetation must be
replanted with forest vegetation including at least two different native hardwood tree species at a
density sufficient to provide 320 trees per acre at maturity. This density can usually be achieved by
planting approximately 436 (10 x 10 spacing) to 681 (8 x 8 spacing) trees per acre.]
Zone 2 is an additional 20 feet on either side of the stream. Zone 2 must have a dense plant cover. For
both zones, the landowner or caretaker is required to keep the land undisturbed and refrain from using
fertilizer. New development is not allowed in either zone, however, periodic mowing is exempt from
the buffer rules.
The rule allows certain activities within the riparian area provided that they are approved by the
Division of Water Quality:
• Road crossings and bridges
• Utility crossings and utility construction and maintenance corridors
• Airport facilities
• Boardwalks and trails
• Boat ramps, docks and bulkheads
8. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/newetiands. The text of the sample deed notification may be modified
as appropriate to suit to this project;
9. Construction Stormwater Permit NCG010000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land
Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an
NPDES General stormwater permit (NCG0 10000) administered by DWQ is automatically issued
to the project. This General Permit allows stormwater to be discharged during land disturbing
construction activities as stipulated by conditions in the permit. If your project is covered by this
permit [applicable to construction projects that disturb one (1) or more acres], full compliance
with permit conditions including the sedimentation control plan, self-monitoring, record keeping
and reporting requirements are required. A copy of this permit and monitoring report forms may
be found at http://h2o.enr.state.rzc.uslsulFornis_Docuntents.htm.;
Kenneth A. Talton "?.
Page 4 of4
April 27, 2006
10. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct
impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon
expiration of the 404 or CAMA Permit.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or
stream impacts), 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, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a
hearing.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse riparian buffer protection rule as described within 15A NCAC 213 .0233. If you have
any questions, please telephone Cyndi Karoly or Ian McMillan at 919-733-1786.
Sincerely,
I
Alan W. Klimek, P.E.
AWK/Um
Enclosures: GC 3402
Certificate of Completion
cc: USACE Raleigh Regulatory Field Office
Eric Kulz, DWQ Raleigh Regional Office
DLR Raleigh Regional Office
File Copy
Central Files
Filename: 060225KennethATaltonFarmPond(Johnston)401_NBR
4
SENDING CONFIRMATION
DATE •
NAME TEL
APR-27-2006 THU 14:29
DWQ-WETLANDS
9197336893
PHONE
PAGES
START TIME
ELAPSED TIME
MODE
RESULTS
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: APR-27 14:27
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Division of Water Quality
Department of Environmental and Natural Resources
401 Ovcrsight/Express Review, Program Development and
Transportation Permitting Units
Strect Address: 2721 Crabtree noulcvatd, Suite 2S0
Ra;eiph, NC 27604.2260
?Tailing Addrns: 1650 Moil Service Center
Raleigh, NC 27699-1650
Contact Information: Phooc 01: 919-733-1786
hax A. 919-733-6893
To: STEVE ATKINS Fox N: 919-965-5845
Company: Date: 4/27/06
From: Laurie Dennison. DR'Q
Number of pages including cover sheet: 5
Notes or special instructions: for- 06-0225 Kenneth Talton Farm Pond
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
401 Oversight/Express Review, Program Development and
Transportation Permitting Units
Street Address:
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address:
Contact Information:
To: STEVE ATKINS
Company:
From: Laurie Dennison, DWQ
Number of pages including cover sheet: 5
Fax #: [phone]
Date: 4/27/06
Notes or special instructions: for - 06-0225 Kenneth Talton Farm Pond
Division of Water Quality, Wetlands and Storm%vater Branch
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.naus/nc%setlinds
1650 Mail Service Center
Raleigh, NC 27699-1650
Phone [phone]
Fax #: [phone]
Nohi?Carolina
Nafura!!y
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Ms. Cyndi Karoly, Supervisor
2321 Crabtree Blvd., Suite 250
Raleigh, North Carolina 27604
Reference: DWQ Project # 06-0225
Johnston County
April 3, 2006
Dear Ms. Karoly,
Q?@ 19 od1'4 Q
APR 9 -2006
DENR•WAXR GUAUTY
%tiVMs m40 STOPWATER WA140i
Kenneth Talton and I met with Michael Horan this morning. We reviewed the
site plan and requirements as indicated by your letter of March 1, 2006. Three copies of
the pond site plan drawn to scale are attached. This should satisfy all outstanding
requirements. We will appreciate your attention to this information and hope to hear
from you soon.
Sincerely, J
Stephen T. Adkins for
Kenneth A. Talton
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FEB 1 0 2006
. - DENR - WATE?t QUALITY
NE)tyypSAND STORyryy UAL BRANCH
Office Use Only: Forth Version March 05
2urc)00225
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "NIA".)
1. Processing
1. Check all of the approval(s) requested for lok project:
%Section 404 Permit Riparian or Watershed Buffer Rules
F1 Section 10 Permit Isolated Wetland Permit from DWQ
QualCeertification
?Fif 401 Water Quality Certification ? Express 401 Water A143/!
2. Nationwide, Regional or General Permit Number(s) Requested: 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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, 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: ?
II. Applicant Information
1. Owner/Applicant
Mailing
Telephone Number:
E-mail Address:
Fax Number:.
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

I III. Project Information
. t ? 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
,c1 boundaries and development plans in relation to surrounding properties. Both the vicinity map
and s ite plan must include a s cale and north arrow. T he specific footprints of all b uildings,
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
USAGE requires information to b e submitted on sheets no larger than 1 1 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
2. T.I.P. Project Number or State Project Number (NCDOT
3. Property Identification Number (Tax PIN):
4. Location
County:? Nearest Town:
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etch:
5. Site coordinates (For linear projects, such as a road or utility line, attar ay she f that L
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum). u N I/ 7
','6. 'Property size (acres):
7. Name of nearest receiving body of water: ?`_?
e
8.
River Basin:
(Note - this mu k e one of North Carolina's seventeen designated major river basins.
River Basin map is available at hgp://li2o.enr.stite.nc.us/admin/maps .)
9. Describe the existing conditions on the site d general
at the time of this application:
lie-
use in,the vicil?ity.,of the project
Page 6 of 12

10,
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 segm5pts of thelsame jI.P?.,Trojej/ along with
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and providg 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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to - indicate- if an impact is temporary. All proposed impacts,
permanent and temporary, must b e I isted, and must b e I abeled a nd clearly identifiable o n a n
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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
-„o ;c nPPrled fnr lktinP or descrlotion, please attach a separate sheet.
Page 7 of 12
11. Explain the purpose of the proposed work:
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditchingtdrainage, etc. For dams,
?Pr ?tPly 1;ct ;mnnrtc rttte to both structure and flooding. -
4.

Wetland Impact
Site Number
(indicate on map)

Type of Impact Type of Wetland

(e.g., forested, marsh.
herbaceous, bog, etc.) Located within
100-year I
Floodplain 1
(esino) ' Distance to I Area of '
Nearest Impact
Stream (acres)
linear feet) i

I

M?
I Total Wetland Impact (acres) 1
3. List the total acreage (estimated) of all existing wetlands on the property:
Individually list all intermittent and perennial stream impacts., Be sure to identify temporary
impacts. Stream impacts include, but are not limited, tq placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, 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
- GLA
must be included. To calculate acreage, mul ti 1 length x wtaln, then atvtae v -+.3,?uv.
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact Perennial or
Intermittent? Average .
Stream Width
Before Impact Impact !
Length
linear feet Area of
Impact
(acres)
i

t

I
Total Stream Impact (by length and acreage)
Total Open Water Impact (acres) I.
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
11 ti d d 'n n in drains a bulkheads etc.
fi , W ay" on, re F21 E2, ,
Type of Waterbody
Area of
Open Water Impact
Site Number Name of Waterbody Type of Impact (lake, pond, estuary, sound, bay, Impact
(indica on ma
(if applicable)
ocean, etc.)
(acres)

F_Z
Page 8 of 12
6. List th
#- - -n Axr. f- nfrhP TT R- resultine from the project:
C eumuiaUVU LLLL a%,L LV "AZ ,• aawa.. v- - - ----
Stream Imp act acres): . -
Wetland Impact (acres):
Open Water Impact acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact (linear feet):
71a.4 -
91?f-'O
7. Isolated Waters Yes o
Do any isolated waters exist on the property. El Describe all impacts to isolated waters, and include the typ XEater (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
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 heie and illastrated on any maps included with this p ication.
Pond to be created in (check all that apply): ? uplands stream ? wetlands
Describe the method of construction e.g., d m/em ankme , xcavation, installation of
draw-down valve or spillway, etc.): tYz?
Proposed use or purpose of pond (e.g., liv toc watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the po
Size of watershed draining to pond: pected pond surface area: - ':;5
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
'VO
were minimized once the desired site plan was developed. If a plicable, discuss construction
techniques to be followed during construction to reduce impacts '
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 January 15, 2002, 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 NCEEP 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
hn://h2o.enr.state.nc.us /newetlands/strmaide.html.
1. 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 (acreagellinear 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
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at hllp://h2o enr state nc us/M/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 12
LX. Environmental Documentation (required by DWQ)
1. Does the p roject involve a n expenditure o £p ublic (fede I/st te/local) funds o r t he use o f
public (federal/state) land? Yes ? No
2. 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 (9 7 3-5083 to review current thresholds for environmental documentation.
Yes ? No
3. If yes, has the document review been finalized by the State Clearingho se? f so, please
attach a copy of the NEPA or SEPA final approval letter. Yes El N
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
1.
2
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated withthe project. T he applicant m ust 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.
ae-use-), ll the ro. t im act rotected riparian buffers identified within 15A NCAC 2B .0233
15A AC 025 Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15ANCAC
2B .0 50 (Rand ema Rules and Water. Supply Buffer Requirements), or other (please
identify C/ . )? Yes ? No ?
If "yes", 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.
Impact Required
Zone*
(square feet Multiplier Mitigation
l 3 (2 for Catawba)
2 1.5
Total

+ Zone I extends out 30 fect pcrpendicular tram the top or me ncau uaua
additional 20 fect from the edge of Zone I.
extends an
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or.0244, or.0260. -?
Page 1 I of 12
X1. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface ex eds 20%, please provide calculations
demonstrating total proposed impervious level.
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 o D Q Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules'?
Yes ? No
Is this an after-the-fact pennit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No ?
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
t-f"-11h7n enr_gtate_nc.us/ncwetlands. If no, please provide a short narrative description:
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently i n advance o f d esired
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).
D
,pplic9Lfit/Ageut1s Signature "
signature is valid only if an authorization letter from the applicant is provided.)
page 12 of 12
Attachments:
1. Aerial Photo of Farm Tract 1198
2. Johnston County Internet Map
3. Blow-up of #2
4. Pond Schematic

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Tract 11983 -1?
Farm 17114 °
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Office Use Only: J e sio Z h 05
USACE Action ID No. DWQ No.
(Ifany parncular rtcm is not appncaoic to tins plujcci, Vtv4Qc Ulu- --.F, ..-., ?• • ••
I. Processing
1. Check all of the approval(s) requested for lok project:
%Section 404 Permit Riparian or Watershed Buffer Rules
F1 Section 10 Permit Isolated Wetland Permit from DWQ
fig.401 Water Quality Certification ? Express 401 Water rQuallity Certification
, ?//,
2. Nationwide, Regional or General Permit Number(s) Requested: `
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 Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, 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: ?
if. Applicant Information
1. Owner/Applicant Information -KZ?
Mailing Address:
r r? 4 n e,f r7
ac ;?77_
Telephone Number:
E-mail Address:'
Fax N
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 ownerlapplicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number-
E-mail Address:_
Page 5 of 12
Fax Number:
1 111. Project Information
v Attach a vicinity map clearly showing the location of the property with respect to local
l
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
Lj boundaries and development plans in relation to surrounding properties. Both the vicinity map
j and s ite plan must include a s cale and north arrow. T he specific footprints of all b uildings,
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 t o b e submitted on sheets no larger than 1 1 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 toll-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be infornied that
the project has been placed on hold until decipherable maps are provided.
1. Name of
2. T.I.P. Project Number or State Project Number (NCDOT
3. Property Identification Number (Tax PIN):
4. Location 5/lf
County: ? Nearest Town: ?/ / ?.
Subdivision name (mclude phase/lot number):
Directions to site (include road numbers/names, landmarks, etc,-):???l?

5. Site coordinates (For linear projects, such as a road or utility line, attach `a -sheet that
separately lists the coordinates for each crossing of a distinct waterbody.) 1Sl/
bV ?' >?
Decimal Degrees (6 digits minimum): ON
'-'1','6. "Property size (acres): ,
7. Name of nearest receiving body of water: ;
8.
River Basin:
(Note - this mu t bb one of North Carolina's seventeen designated major river basins.
River Basin map is available at hqp://li2o.enr.state.nc.us/,idMig/??nans/.)
9. Describe the existing conditions on the site d general land use in
at the time of this application: _ l d b
l"he-
pity of the project
Page 6 of 12

10. Describe the overall pro ect in d tail, including the e of equipment to be used:
11. Explain the purpose of the proposed
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 segmets of the,,same LP.,,?rojej/along with
V. Future Project Plans
Are any future permit requests anticipated for this project'? If so, describe the anticipated work,
and nrovidviustification 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. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads)' Be sure to - indicate-if-an impact is temporary.. All proposed impacts,
permanent and t emporary, must b e I isted, and must b e I abeled a nd clearly identifiable o n a n
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should 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
fi,r I;cr;n(y nr descrintion. nlease attach a separate sheet.
Page 7 of 12
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditchingldrainage, etc. For dams,
fr ! Lict ;n,nnntc tine to hnth structure and floodink.
Jv M
Wetland Impact
Site Number
i (indicate on map)

Type of Impact Type of Wetland

(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year =
Floodplain
(esino) Distance to 1 Area of
Nearest Impact
Stream (acres)
linear feet

I Total Wetland Impact (acres) 1
3. List the total acreage (estimated) of all existing wetlands on the property:
4. Individually list all intermittent and perennial stream impacts.. Be sure to identify temporary
impacts. Stream impacts include, but are not limited, to. placement of fill or culverts, dam
4PPIVY, 59? construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
11?94,kk2f walls, gabions, etc.), excavation, ditching/ ightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
divide b 43 560
must be included. To calculate acreage, mul ti 1 ength X width , then ,
Stream Impact
Number
indicate on ma
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact ;
Length
linear feet Area of
Impact
(acres)
i

I
Total Stream Impact (by length and acreage)
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
=11 -a:,--. .t-eA. ;-- flnnrjinn Arn;nnaE- hnlichen(1S_ etc_
ull, Gll?+ a V"Lavaa, ua,.u as , aavv. ?.-. , ------- -, ------ --1 - - - -
Type of Waterbody
Area of
Open Water Impact
Site Number Name of Waterbody Type of Impact (lake, pond, estuary, sound, bay, Impact
(indica on ma
A/ A (i applicable) ocean, etc.) (acres)

Total Open Water impact (acres) G
Page 3 of 12
6. List t
+-. 11 Wntore of the IT R_ resulting from the project:
ne CUmulauvc ull UL L lV "AA .. » - -- ---- -- -
Stream Impact acres): -
115
Wetland Impact (acres):
Open Water Impact acres):
Total Im act to Waters of the U. 3. (acres)
Total Stream Impact (linear feet):

7. Isolated Waters
Do any isolated waters exist on the property? ? Yes o
Describe all impacts to isolated waters, and include the typ XbZter (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. 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 heie and illustrated on any maps included with this p ication.
Pond to be created in (check all that apply): ? uplands stream ? wetlands
Describe the method of construction e.g., d m/em ankme xcavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., lrv toc watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the po
Size of watershed draining to pond: pected pond surface area:
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 a plicable, discuss construction
techniques to be followed during construction to reduce impactsC
_?L, . _ ?.?' c ??,.. rte ??,GJ ?l/,???jL?l?
G Ta-?v??c??ss?.
VIII.
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 January 15, 2002, 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 NCEEP 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/ncwetlands/strmaide.html.
1. 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 (acreagellinear 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
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at-hqp://h2o.enr.state.nc.us/wm/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres): -
Page 10 of 12
LX. Environmental Documentation (required by DWQ)
1. Does the p roject involve a n expenditure o f p ublic (fede I/st te/local) funds or the use of
public (federal/state) land? Yes ? No
2. 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 (9 733-5083 to review current thresholds for environmental documentation.
Yes El NoK
3. If yes, has the document review been finalized by the State Clearingho se? f so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? N
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
1.
2
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required s tate a nd 1 ocal b uffers associated with the p roject. T he a pplicant m ust 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 ro. t im act rotected riparian buffers identified within 15A NCAC 2B .0233
euse), 15A AC 2B .025 Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A N CAC
2B .0 50 (Rand ema Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ? No ?
If "yes', 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.
Impact Required
Zone'
(square feet Multiplier

Mitigation
1 3 (2 for Catawba)
2 1.5
Total

Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all .appro riate information as identified
within 15A NCAC 2B.0242 or.0244, or .0260.
Page 1 I of 12
XI. Stormwater (required by DWQ)
Describe impervious acreage (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. If percent impervious surface ex eds 20%, please provide calculations
demonstrating total proposed impervious level.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater. Qenerated from the proposed project, or available capacity of the subject facility.
XIII. Violations (required by DWQ)
Is this site in violation o D Q Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules'?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes E] No ?
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
i,tt„-Uh9n enr_state.nc.us/ncwetlands. If no, please provide a short narrative description:
XV. 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
Threateneli Species, accessibility problems, or other issues outside of the applicant's control).
D
Appii gent's Signature - i,uae
s signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
A
Attachments:
1. Aerial Photo of Farm Tract 1198
2. Johnston County Internet Map
3. Blow-up of #2
4. Pond Schematic

Tract 11983
Farm 17114 CLU Boundary N
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Johnston Coun FSA Office !
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PO Box 1373
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Attachments.
1. Aerial Photo of Farm Tract 1198
2. Johnston County Internet Map
3. Blow-up of #2
4. Pond Schematic

Tract 11983
Farm 17114 ° Ift1#8? cLu
Johnston County FSA Office q
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A Recreation/Parks/Assembly Booker Dairy Ext Tax Parcels Johnston County assumes
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U. S. DEPARTMENT OF AGRICULTURE APPROX. SCALE SOIL SURVEY FIELD SHEET
II I
SOIL CONSERVATION SERVICE 1 = 1320 JOHNSTON COUNTY, NORTH CAROLINA
COOPERATING WITH ?USDA.SCS-FORTWORTH, TEXAS ADVANCE COPY - SUBJECT TO CHANGE
STATE AGRICULTURAL EXPERIMENT STATION SURVEY HAS NOT BEEN COMPILED NOR CORRELATED. NAMES
MAY BE CHANGED AND AREAS MAY BE COMBINED.
l
t r
W AT F90 Michael F. Easley, Governor
William G. Ross Jr., Secretary
r North Carolina Department of Environment and Natural Resources
O -? Alan W. Klimek, P.E. Director
Division of Water Quality
March 1, 2006
DWQ Project # 06-0225
Johnston County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Kenneth A. Talton
2750 Highway 96 North
Selma, NC 27576
Subject Property: Kenneth A. Talton Farm Pond
Ut to Pole Cat Branch [NEU, C, NSW]
REQUEST FOR MORE INFORMATION
Dear Mr. Talton:
On February 10, 2006, the Division of Water Quality (DWQ) received your application dated February 8,
2006, to impact 590 linear feet of perennial stream to construct the proposed farm pond at the subject
property. The DWQ has determined that your application was incomplete and/or provided inaccurate
information as discussed below. The DWQ will require additional information in order to process your
application to impact protected wetlands and/or streams on the subject property. Therefore, unless we
receive five copies of the additional information requested below, we will have to move toward denial of
your application as required by 15A NCAC 2H .0506 and will place this project on hold as incomplete
until we receive this,additional information. Please provide the following information so that we may
continue to review your project.
Additional Information Requested:
1. , Please submit a USGS topographic quad map with the project site located on it.
Please submit a bash County Soil Survey aerial map with the project site located on it.
3. Please provide the latitude and longitude coordinates of the site as requested in Section III, No. 5.
Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the
site plan.
5. Please provide a site plan which clearly indicates by lighter and darker transparent grays or
hatching where Zone 1 and Zone 2 buffers are located on the site plan, and clearly indicate the
centerline of the stream.
6. Please indicate all buffer impacts on the site plan and clearly distinguish between Zone 1 and
Zone 2 buffers.
Please provide the location of any proposed stormwater management practices as required by
GC3404.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Intemet: hunWh2o.enr.state.ne.us/ncwetlands
None Carolina
Aturldil
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Mr. Kenneth A. Talton
Page 2 of 2
March 1, 2006
`8. Please provide detail for the stormwater management practices as required by GC3404.
5?. Please indicate the diffuse flow provision measures on the site plan, and please submit level
\ spreader worksheets and Level Spreader Operations and Maintenance Agreement if applicable.
10. Please provide 3 copies of the site plans.
1. Please complete the table in Section X, No. 2, indicating the square footage and mitigation
required for the Neuse River basin protected riparian buffer impacts.
Please contact the DWQ within three weeks of the date of this letter to verify that you have received this
letter and that you remain interested in continuing to pursue permitting of your project and will be
providing the DWQ the requested information at a later date. Please contact me in writing and Eric Kulz
of the DWQ Raleigh Regional Office. If we do not hear from you within three weeks, we will assume
that you no longer want to pursue this project and we will consider the project as withdrawn.
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Ms. Cyndi Karoly or Mr. Ian McMillan at 919-733-
1786 if you have any questions regarding or would like to set up a meeting to discuss this matter.
Sincerely,
Cyn i Karoly, )Supervisor
401 Oversight/Express Review Permitting Unit
CBK/ijm
Enclosures: GC3402
cc: Eric Kulz, DWQ Raleigh Regional Office
USACE Raleigh Regulatory Field Office
File Copy
Central Files
Filename: 060225KcnnethATaltonFarmPond(Johnston)On_liol d
DINQ # k-0225 Kenneth A Talton Farm Pond
Subject: DWQ # 06-0225 Kenneth A Talton Farm Pond
From: Laurie Dennison <[e-mail]>
Date: Thu, 02 Mar 2006 10:10:47 -0500
To: [e-mail]
Please see attached the Division of Water Quality's request for more information
related to your recent application. Please note that this message is being forwarded
to you electronically so that you may expedite preparation of your response. Please do
not send your response as a reply to this e-mail or via fax. The hard copy is being
sent via US Mail. All response correspondence is to be mailed via hard copy to the 401
oversight and Express Permits Unit, 2321 Crabtree Blvd., Raleigh, NC, 27604 unless
otherwise noted.
060225KennetliATaltonFarmPond(Johnston)On_Hold.doc Content-Type: application/msword
Content-Encoding: base64
I of I
3/2/2006 10:22 AM
I NA T
,':? Michael F. Easley, Governor
,
Q
9
O"; QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
\
fq Alan W. Klimek, P.E., Director
Division of Water Quality
0 .? Coleen H. Sullins, Deputy Director
Division of Water Quality
February 14, 2006
Johnston County
DWQ # 06-0225
CERTIFIED MAIL
Kenneth Talton
2750 Hwy 96
Selma, NC 27576
Subject: Kenneth Talton: Farm Pond
Fee Payment
Dear Mr. Talton:
On February 10, 2006 the Wetlands/401 Unit of the Division of Water Quality received your paperwork
pertaining to the farm pond construction. Your project has been placed on hold for the following reasons:
1. Lack of appropriate fee
Please note that beginning January 1, 1999, the N.C. General Assembly passed legislation requiring payment of a
fee for all 401 applications. The fee for applications is $200 for projects impacting less than an acre of wetland
and less than 150 linear feet of streams. For projects impacting one or more acres of wetland or 150 or more feet
of streams, the fee is $475. Your project reflects an impact of 590 linear ft of stream. In order for DWQ to begin
review and process your request, you must send a check in the appropriate amount made payable to the N.C.
Division of Water Quality.
If you have any questions regarding this letter please do not hesitate to call Ian McMillan or me at (919)
733-1786.
Sincerely,
/Z ?dilarol
C
y
Wetlands/401 Unit
CBK/ jd
cc: File copy
Central Files
060225 KTalton (Johnston)_pennit fee
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2 o. encstate.ne.us/ncwetlands)
Customer Service #: 1-877-623-6748
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FEB 1 0 2006
DENR WATER QUALITY
y,EiLA 40S AND STORbNJATER EIRAldCH
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VIA
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D 7r-
CERTIFIED MAIL
Kenneth Talton
2750 Hwy 96
Selma, NC 27576
Subject: Kenneth Talton: Farm Pond
Fee Payment

February 14, 2006
Johnston County
Q # 06-0225

P _t-- /
Dear Mr. Talton:
On February 10, 2006 the Wetlands/401 Unit of the Division of Water Qualit$?received your paperwork
pertaining to the farm pond construction. Your project has been placed on hold for the following reasons:
1. Lack of appropriate fee
Please note that beginning January 1, 1999, the N.C. General Assembly passed legislation requiring payment of a
fee for all 401 applications. The fee for applications is $200 for projects impacting less than an acre of wetland
and less than 150 linear feet of streams. For projects impacting one or more acres of wetland or 150 or more feet
of streams, the fee is $475. Your project reflects an impact of 590 linear ft of stream. In order for DWQ to begin
review and process your request, you must send a check in the appropriate amount made payable to the N.C.
Division of Water Quality.
If you have any questions regarding this letter please do not hesitate to call Ian McMillan or me at (919)
733-1786.
Sincerely,
Cyndl Karoly
Wetlands/401 Unit
- j- 7= -,

FL`u b zoos

CBK/ jd
cc: File copy
Central Files
060225 KTalton (Johnston)_permit fee
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (fittt)://'l12o.enr.qtite.nc.us/newetiands)
Customer Service if: 1-877-623-6748
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen 11. Sullins, Deputy Director
-? Division of Water Quality
tJCUEP;R
DWQ# Z,00 b G Zz -5 Date
Who Reviewed: J, is `I\*-
Plan Detail Incomplete ? ? S
? Please provide a location map for the project. V S G A 5 U' V
Please show all stream impacts including all fill slopes, dissipaters, and bank stabilization on the site plan.
? Please show all wetland impacts including fill slopes on the site plan.
Please indicate all buffer impacts on the site plan.
? Please indicate proposed lot layout as overlays on the site plan.
Please indicate the location of the protected buffers as overlays on the site plan.
? lease locate all isolated or non-isolated wetlands, streams and other waters of the State as overlays on the site plan. -
-?. [Please provide cro section details showing the pro isions for aquatic life passage. -' C ?L"?ti e
? Please locate any planned sewer lines on the site plan.
Please provide the location of any proposed stormwatcr management practices as required by GC?
Please provide detail for the stormwater management practices as required by GC
i
? Please specify the percent of project imperviousness area based on the estimated built-out conditions.
? Please indicate all stormwater outfalls on the site plan.
Please indicate the diffuse flow provision measures on the site plan.
? Please indicate whether or not the proposed impacts already been conducted.
Avoidance and/or Minimization Not Provided
? The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional
information as to why it is necessary for this project.
? This Office believes that the labeled on the plans as can be moved or reconfigured to avoid the impacts to the
. Please revise the plans to avoid the impacts. 1
? This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the
. Please revise the plans to minimize the impacts.
? The stormwatcr discharges at the location on the plans labeled will not provide diffuse flow through the buffer because
. Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwatcr can be discharged through the buffer.
Other
? The application fee was insufficient because over 150 feet of stream and/or over I acre of wetland impacts were requested. Please
provide $ . This additional fee must be received before your application can be reviewed.
? Please complete Section(s) on the application.
? Please provide a signed copy of the application.
Please provide 3 copfuraftttti uWtvnTt0rrr copies of the site plans and other supporting information.
? Please submit electronic CAD files showing via email to [e-mail] and CD.
Mitigation
? of compensatory mitigation is required for this project. Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed.
? Please indicate which 404 Permit the USACE would use to authorize this project.
Complete Items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailplece,
or on the front if space permits.
1. Article Addressed to:
Kenneth Talton
2750 H WY 96
Sefnla,NC 27576
DWQ# 06-0225-Jollllstoll
Agent
B. Received by (Printed Name)
D. Is delivery address different from Item 17 ? Yes
If YES, enter delivery address below: ? No
3. Service Type
Certified Mall ? Express Mall
? Registered WReturn Receipt for Merchandise
? Insured Mall ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
!. Article Number 7005 1160 0000 9954 9321
(Ifansfer from service labeo
is r.,..., 'aAi i re?,.,,- onne n,,..,,,.,.i„ o....,.., o....-J- .,,,.- ..., ...-
UNITED STATES POSTAL SERVICE

• Sender: Please print your name, address, and ZIP+4 in this box •
NC DF,NR Division of Water Quality
401 Oversight/Express Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
First-Class Mail
Postage 8 Fees Paid
USPS
Permit No. G-10
?.. s?? .I '.: ?illillll llllllll?1111?1l?tl II?1111'II?Ilil?lllit?l?'Ii III?'ll
UNITED STATES POSTAL SERVICE
LISPS
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DF,NR Division of Water Quality
401 Oversight/L'xpress Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
First-Class Mail
Postage & Fees Paid
Permit No. G-10
ci U 3
Complete Items 1, 2, and 3. Also complete
Item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
Mr. Kenneth A. Talton
2750 Highway 96 North
Selma,NC 27576
DWQ# 06-0225-Johnston
A
B. Received by (Printed Name)
Agent
Addressee
C. Date of Deliver)
D. Is delivery address different from Item 1? ? Yes
If YES, enter delivery address below: ? No
3. Service Type
Certified Mail ? Express Mall
Registered Return Receipt for Merchandise
? Insured Mall ? C.O.D.
4. Restricted Delivery? (Extra Fee) ? Yes
Article Number
(iiansfer from service label) 7005 11k O 0000 9954 5675
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