19970814 Ver 1_COMPLETE FILE_19970919

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary September 24, 1997
Roger N. Schecter, Director
MEMORANDUM
TO: Mr. A. Preston Howard, P. E.
Director
Division of Water Quality
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
lk S1
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N
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199708861 dated September
18, 1997 describing a proposed project by Mr. Steve Adams is being circulated to interested state
agencies for comments on applicable Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by 10/17/97. If you have any questions regarding the proposed project, please contact me at 733-2293.
When appropriate, in-depth comments with supporting data is requested.
REPLY This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
(1 ?
Signed Y 1? e??1 Date
&9?'A
Now
mom
E:)F-=HMFR
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer 50% Recycled / 10% Post-Consumer Paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Steve Adams
c/o S&R Enterprises
Post Office Box 794
Angier, NC 27501
Dear Mr. Adams:
I LTSM'Al
NMI
ED EHNR
October 21, 1997
DWQ Project #970814
F I L I
The Division of Water Quality has reviewed your plans for the discharge of fill material into an
additional 2,500 square feet of wetlands located at 415 Jan Street in Harnett County for a
residential lot. Based on this review, we have identified significant uses which would be removed by
this project. Furthermore, insufficient evidence is present in our files to conclude that your project
must be built as planned in waters and/or wetlands in accordance with 15A NCAC 2H .0506.
Therefore, we are moving toward denial of your 401 Certification as required by 15A NAACO 2H
.0507(e) and will place this project on hold as incomplete until we receive this additional
information. Until we receive additional information, we are requesting (by copy of this letter) that
the U.S. Army Corps of Engineers and/or the N.C. Division of Coastal Management place your
project on administrative hold.
Please provide us with information supporting your position that your project must be
constructed as planned and that you have no practicable alternative to placing fill in these waters
and/or wetlands. Specifically can you construct your house along with providing compensatory
mitigation for this Wd previous wetland impacts in this subdivision? Any documentation such as
maps and narrative that you can supply to address alternative designs for your project may be
helpful in our review of your 401 Certification. Also this project will require compensatory
mitigation as described in 15A NCAC 2H .0506(h) since the total impacts for the subdivision will
exceed one acre.. Your mitigation proposal is insufficient because none was proposed.
Please respond within two weeks of the date of this letter by sending a copy of this information
to me and one copy to Mr. Ken Averitte at the Fayetteville Regional Office at Wachovia Building,
Suite 714, Fayetteville, NC 28301. If we do not hear from you in two weeks, we will assume that
you no longer want to pursue this project and we will consider the project as withdrawn. I can be
reached at 919-733-1786 if you have any questions.
cc: Fayetteville DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
S' rel
R. m5Ce' ater Quality cation Program
970814nty
Division of Water Quality - Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 - Telephone [phone] - FAX [phone]
An Equal Opportunity Afflrmatlve Action Employer 50% recydedt 10% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Steve Adams
c% S&R Enterprises
Post Office Box 794
Angier, NC 27501
Dear Mr. Adams:
LT.WYWA
ILI
10
ED EHNR
October 21; 1997
DWQ Project #970814
14) l)ui??) cc?
The Division of Water Quality has reviewed your plans for the discharge of fill material into an
additional 2,500 square feet of wetlands located at 415 Jan Street in Harnett County for a
residential lot. Based on this review, we have identified significant uses which would be removed by
this project. Furthermore, insufficient evidence is resent in our files to conclude that your project
must be built as planned in waters and/or wetlands in accordance with 15A NCAC 2H .0506.
Therefore, we are moving toward denial of your 401 Certification as required by 15A NAACO 2H
.0507(e) and will place this project on hold as incomplete until we receive this additional
information. Until we receive additional information, we are requesting (by copy of this letter) that
the U.S. Army Corps of Engineers and/or the N.C. Division of Coastal Management place your
project on administrative hold.
Please provide us with information supporting your position that your project must be
constructed as planned and that you have no practicable alternative to placing fill in these waters
and/or wetlands. Specifically can you construct your house along with providing compensatory
mitigation for this od previous wetland impacts in this subdivision? Any documentation such as
maps and narrative that you can supply to address alternative designs for your project may be
helpful in our review of your 401 Certification. Also this project will require compensatory
mitigation as described in 15A NCAC 2H .0506(h) since the total impacts for the subdivision will
exceed one acre Your mitigation proposal is insufficient because none was proposed.
Please respond within two weeks of the date of this letter by sending a copy of this information
to me and one copy to Mr. Ken Averitte at the Fayetteville Regional Office at Wachovia Building,
Suite 714, Fayetteville, NC 28301. If we do not hear from you in two weeks, we will assume that
you no longer want to pursue this project and we will consider the project as withdrawn. I can be
reached at 919-733-1786 if you have any questions.
IS*rel
711
cc: Fayetteville DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
I
R. orne ? \I
ater Quality Ce catir l
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 - Telephone [phone] • FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
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RN h?9 ?•.U'S, ?:.t rQC69Y/r?'., K\ h. y4.. n?\\ a•
1 Project NI', e -????QZ
County Wsiland Area
Name of evaluator
f'?L' SL r L >LS>L°ci itrr\Ltr//S i
?C Nearest Road
acres Wetland dth feet ADO x 3?a
Date
?? 4 . N /fLtO f??rii /el?2?GfOl ?? Lil° ??+0 A-4r ? -4e4,1 ? 7b
+11 ,
MEMORANDUM l PRINT NAMES:
Reviewer:
TO: JOHN DORNEY WQ SUPV.:_
ENVIRONMENTAL SCIENCES BRANCH DATE: o /n7
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
*'-',*EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE) ^^
PERMIT YR: 97 PERMIT NO: 0000814 COUNTY: HARNETT
APPLICANT NAME: STEVE ADAMS
PROJECT TYPE: RESIDENTIAL FILL PERMIT TYPE: IND
COE #: 199708861 DOT #:
RCD_FROM _CDA: COE DATE__FRM_CDA: 09/19/97
REG OFFICE: FRO
RIVER_AND_SUB_BAS IN_J: o 4o e /g STR INDEX_N0 :
STREAM- CLASS :
N
WL IMPACT?: 6),
WL_REQUESTED J Z?SdD s?
WL_SCOREM :
WL TYPE :
WL _ACR -EST? : CY,)N
WATER IMPACTED BY FILL?: Y/)
r
MITIGATION?: Y? MITIGATION -TYPE :
MITIGATION__SIZE:? DID YOU REQUEST MORE INFO?: Y/N
IS WETLAND RATING SHEET ATTACHED?:(VN G?
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: Y#-,-)
RECOMME?INDDATIO/ND (Circle One) : ISSUE ISSUUE/COND DENY
N COMMENTS :

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CC: Regional Office ---
Central Files

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Roger N. Schecter, Director
MEMORANDUM
TO: Mr. A. Preston Howard, P. E.
Director
Division of Water Quality
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
e??
E 3EHNR
September 24, 1997
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199708861 dated September
18, 1997 describing a proposed project by Mr. Steve Adams is being circulated to interested state
agencies for comments on applicable Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by 10/17/97. If you have any questions regarding the proposed project, please contact me at 733-2293.
When appropriate, in-depth comments with supporting data is requested.
REPLY This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal opportunity Affirmative Action Employer 50% Recycled / 10% Post-Consumer Paper
'nr-.M t? w !1 !' ?? CORPS ACTION ID:
NATIONWIDE PERMIT grQt1ESTED (PROVIDE NATIONWIDE P7-IR-4I7
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE: RE(Z"¢VE,
1) NoTrBrc%TIaN To Ts$ CORPS or n+rGrNSMS r?;l *% ?O
2) APPLICATION !OR SZCTrON 401 CZRTX7TCATION # t? '
3) COOR]3nU ZON W= TRS NC DIVISION OF COASTAL
MA-MA
SEND THE ORIGINAL AND (1) COPY OF T=S COMPLAETM FORM TO TEE APPROPRIATE
FIELD OFFICE OF TEE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SMMT). SEVEN
(7) COPIES SHOULD HE SENT TO THE N.C. DIVISION OF M1VIRONMENTAL mRMEIVEE
(SEE AGENCY ADDRESSES SHEET) . PT ZAST, 'OR-?NT.
1. OWNERS NAME:

L C
JUL 16 1991
REG. OFFICE
2. NAILING ADDRESS : ®%r ?? ,
SIIHDIVISION NAME:
CITY : 1?F N "r ;--e/ STATE : N C _ ZIP CODE:
PQOTC-LCCATM4 ADDRETSS I INCLUDING SU3Dr,7_SIO NAME ( IF 0 I_7 += , FROM
MAILING ADDRESS A3OVE) +W 4.u ??
_::.E??rNE YUMET-aZ (HOME) . 1 d &I',)`i y79\ (wCRx) . -c?, AI-A --P
4 . A_3PLICA3Lc : AGENTZ ' S NAME OR ?.ESPONSi3LZ CORPORATE' OFTIC:AL, ADDR-:SS,
PHONE NUMBER:
i
5. LOCATION OF WORK (PROVIDE A MAP, PREF .:LULY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPKY WITH SCALE):
COUNTY NEAPt'ST TOWN OR C177:
Z
?ooL~ L?
MECHANICAL EQUIPME`IT?O HE USED (ATTACq PLANS : 8 1/2'•' X 11" DRAWINGS
ONLY) : ?- `?` \ 16 OD S ? -?? 5 iN g I2 ?AM^_! ? ?! c?_ ?Je L ? ?'? S
L3. PMPOSE OF PROPOSED WORFC:
14. STATE REASONS WHY IT IS 3EL.ZZ= THAT THIS AC*IVITY MUST 3E CARRIED.
OUT at ? T* NDS . (ZiNCLQDE ANY MEAS ° T. -To n pmIZc w=E uND ?
:mPAC'IS)
17 vOU ARC Z,=_ED TO CCN'rAC1' U.S. ?=Sn AM '?JIs?7LI: r' SF.RVT_?
(US a;IS) AND/OR NATIONAL MAR=VE r'=S=172S SEZ'V7:Cr (NMFS) (S-r- AGZNCY
ADDRSSSES Sciz'-7T) REGARJ* :NG 7A=- PR S-"NCr OF ANY FEDERALLY LISTED OR
?ROPCSE7 FOR LISTING 'ENDANGERED OR 714?EA7= SPEC.ES OR CRITICAL HA13 TAT
:V - 2ERMIT A?-TA EA-, MAY 3E AF r'CT= BY 7.---r- PROPOSr=i McilECT. OATS
CCNTAC':'rD : k) I A" (A'iTACx RES?ONSES
. ROM T.asz AGE"lliCIES. )
L5. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRES-c. VATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SIM= REGARDING THE PRESZNCZ OF RISTORIC
PROPERTIES IN T?M PERMIT AREA WHIC14 MAY BE AF= zCT= BY Z'SE PROPOSED
PROJECT. DATE CONTACTED:
17. DOES T:Z PROJECT LNVOLVE AN EXPEWITURE OF PUBLIC FUNDS OR THE USG OF
PUBLIC (STATE) LAM
4
r f1 . ?l \ PX s.?. -k¢.-?c<9'rC. ?J c G • / 7 XJ
YES (I NO Q (I F NO, GO TO 18)
a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF ALI ENVIROQIENTpy
DOCUMENT PURSUANT TO THE REQUIREMENTS OF TH"' NORTH CAROLINA ENVIRONIMEUTAZ,
POLICY ACT?
YES [I NO [I
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINiGgOIISa? ';`
YES f I No I I
IF ANSWER TO 17b IS YES, THEN SUBMIT kPPROPRIATZ DOCUMENTATION FROM T
STATE CLEARINGHOUSE TO D IVIS ION OF ENVIRONMENTAL MANAGEMENT LrGARD MG
COMPLLW=- WITH THE NORTH CAROLINA =VVIRONKMrrAL POLICY ACT.
QUEST:CNS REGAR ZNG THE STATE =ZARM-TC OUSF. R. ^.R ?RCCz-SS SEOGLZ SE
DI2rCTEL TO MS- CHRYS BAGG=. , DIRECTOR ST??'*r ="ZARZZrGHOUSZ, NORTH
CAROLINA DEPARTMENT OF ADMIXISTZATICN, L16 'REST JONES ST.L---%T, RALZZGc
NOR" CAROLINA 27603-8003, TELZ2HCNE [phone].
IS. Tf-v FOLLOWING il;EMS SHOULD BE INCLMED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DE*=NZATION MAP SHOWING ??i.:?'RP vT. NDS , STR.Z.AmS, LA=-s
AND ?CNDS ON THE °ROPERTY (FOR NATIONWIDE ?E.RMIT -InL E .ZS L4, L8, 21, 26,
29, AND 38) . ALL STR AMS ( i?1TS3MI?":.??JI' AND ? V4-MANZ:Z1T) ON TEE PRO P E.17- :
mUS,+ 3E SHOWN ON 7AZZ MAP. MAP SCALES SHOUL7 BE L =NC-E EQUALS 50 OR L
INC:i EQUALS LO0 Fes-':' OR Tf-r_3 EQ=vA=47".
b. IF AVAZI.ABLZ, 2E?RrS?1TATI'J;: ?HOTCGRA2H OF WE'II.ANDS TO BE
IMPACTS BY PROD---C-".
a. I? DELINEAT!-'ON WAS PVLSCRMEO 3Y A CONSULT_M , IN(==E ALL DATA
SHEr':'S RELEVANT TO 7A-Z ?uCZ-mmm OF THE OET=LYZZATZON LINE.
d. ATTACH A COPY OF THE STORMWATS.R MANAGrE1.MMM ?LA.v I7 REQ .
e. WHAT IS LAND USE OF SURROUNDING ?RCPE'RTY? E-Ay
CmI N4
1. IF APPLICABLE, WHAT IS PROPOSED ME7300 OF SEWAGE DISPOSAL? ?'?5

g• SIGNED AND DATED AGENT AOZATIO
NOT'g; q?LANDS OR p?A N ?"rTER, IF APPLICABLE.
1) ISSNCE OF g Og TM-P C• S . MAY NOT HE
2) EIZ'HgR Tim CTION 404 CORpg 0g
IRO ISS'QAN OR Mi =uERS pc"I'ED PRIOR TO (mr Tim
3) WT L MXWMMUT (WAMM 0
QMLL A 401 DMSIOZ? orrTNORM Tn g ro, C?1.STAL Cp ) ??MnM TION,
CAROL?A DSION OF C S ONLY) . A AZM
ACT?rTY IS CONSISTS MANAG.r S 'TER gROM IgE
rATI= TIM PROPOSm
PROGRAM. T'M NORTS CAROLINA o
AL MANAGRUZII,r
OWNER
' S/AGE?1T ? S SIGNI?TVR?
(AGENT ?
S SIGYATDRE VALID 0
rr ??HORIZATION LZTTZR NLY
Ow"Ea IS P?OVI?m FROM
(leg• J )
l?
CATc

6
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
October 1, 1997
Regulatory Branch
Action ID No. 199708861
Mr. John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health, and
Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 276 1 1-7687
Dear Mr. Dorney:
tcl
Q
X99
rq ?
Enclosed is a copy of the application of Mr. Steve Adams for Department of the Army
(DA) authorization and a State Water Quality Certification to place fill material in approximately
2,500 ftz of wetlands to construct a single family residence at 415 Jan Street, Angier, Harnett
County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for
certification in accordance with Section 325.2(b)(ii) of our administrative regulations. Please
note that a previous violation in the subdivision of which this lot is a part was closed with no
permit action taken, on August 21, 1997.
We are considering authorizing the proposed activity pursuant to Section 404 of the Clean
Water Act, and we have determined that a water quality certification is required under the
provisions of Section 401 of the same law. A Department of the Army permit will not be
granted until the certification has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days after receipt of a
request for certification is a reasonable time for State action. Therefore, if you have not acted on
the request, or asked for an extension of time, by December 1, 1997, the District Engineer will
deem that waiver has occurred.
-2-
Questions or comments may be addressed to me at [phone].
Sincerely,
4"'e
JO?Scott Mclen on
'0 Regulatory Project Manager
Enclosure

Mr. Scott McLendon
US Army Corps of Engineers
Wilmington Regulatory Field Office
P.O. Box 1890
Wilmington, KC 28402-1890
RECjEIVIEE)
AUG 2 1997
'WC14ATOQV Q$1„i,?y r
Attached is the Adams (S be R Enterprises) application for lot 21 on Jan Street
in Angier. It's not much, but I guess it's an application.
Call i I can be of help.
Ken
peat and-
C??o p?V
r It
? Fps ?b
ttit?
S
Action ID No. 199708861
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
September 18, 1997
PUBLIC NOTICE
9'70814
MR. STEVE ADAMS C/O S&R ENTERPRISES, POST OFFICE BOX 794, ANGIER,
NORTH CAROLINA 27501, has applied for a Department of the Army (DA) permit TO
PLACE FILL MATERIAL INTO APPROXIMATELY 2,500 ftZ OF WETLANDS ABOVE
THE HEADWATERS OF THE BLACK RIVER, TO CONSTRUCT A SINGLE FAMILY
RESIDENCE AT 415 JAN STREET, ANGIER, Harnett County, North Carolina.
The following description of the work is taken from data provided by the applicant and
from observations made during site visits by a representative of the Corps of Engineers. The
entire lot is 31,033 R', and is entirely jurisdictional wetlands. The applicant proposes to fill a
portion of the lot to build a 1,367 ft' house. Tyma*
i of the lot is cleared and contains a
variety of herbaceous species including n his property is the last
to be built upon in an existing subdivision at of t at have already been
developed. The majority of the seven lots risdictional wetlands, however, the
District Engineer has declined to pwsue enforcement action against the applicant for these -?
impacts. \'-, 5amc oa, s axQ
The State of North Carolina will review this public notice to decide the need for the
applicant to obtain any required State authorization. No Department of the Army (DA) permit
will be issued until the coordinated State viewpoint on the proposal has been received and
reviewed by this agency, nor will a DA permit be issued until the North Carolina Division of
Water Quality (NCDWQ) has decided the applicability of a Water Quality Certificate as required
by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean Water Act (33
U.S.C. 1344). Any person may request, in writing within the comment period specified in the
notice, that a public hearing be held to consider this application. Requests for public hearing
shall state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of
Historic Places for the presence or absence of registered properties, or properties listed as being
eligible for inclusion therein, and this site is not registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register is the extent of
cultural resource investigations by the District Engineer, and he is otherwise unaware of the
presence of such resources. Presently, unknown archeological, scientific, prehistorical, or
historical data may be lost or destroyed by work under the requested permit.
f 1
The District Engineer, based on available information, is not aware that the proposed
activity will affect species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision, whether to issue a permit, will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the
public interest. Evaluation of the probable impacts that the proposed activity may have on the
public interest requires a careful weighing of all those factors that become relevant in each
particular case. The benefits that may be expected to accrue from the proposal must be balanced
against its foreseeable detriments. The decision whether to authorize a proposal, and if so the
conditions under which it will be allowed to occur, are therefore decided by the outcome of the
general balancing process. That decision should reflect the national concern for both protection
and use of important resources. All factors that may be relevant to the proposal must be
considered including the cumulative effects of it. Among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (according to Executive Order 11988), land use, navigation,
shore erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property ownership,
and, in general, the needs and welfare of the people. For activities involving the placement of
dredged or fill materials in waters of the United States, a permit will be denied if the discharge
that would be authorized would not comply with the Environmental Protection Agencies'
404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or
criteria, a permit will be granted unless the District Engineer decides that it would be contrary to
the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties to consider and evaluate the
impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to decide whether to issue, modify, condition or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public interest factors
listed above. Comments are used in the preparation of an Environmental Assessment (EA)
and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy
Act (NEPA). Comments are also used to decide the need for a public hearing and to decide the
public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit will not
be made until the North Carolina Division of Water Quality (NC DWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act. The NC DWQ considers
whether the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean
Water Act. The application and this public notice for the Department of the Army (DA) permit
serves as application to the NC DWQ for certification.
2

Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the Environmental Operations Section, NC DWQ, 4401 Reedy Creek Road, Raleigh,
North Carolina. Copies of such materials will be furnished to any person requesting copies upon
payment of reproduction costs.
All persons wanting to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the NC DWQ, 4401 Reedy Creek Road,
Raleigh, North Carolina 27607, on or before October 13, 1997, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be received in
this office, Attention: Mr. Scott McLendon, until 4:15 p.m., October 17, 1997.
3
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78'45' ERWIN5I, Ml. 1705 2080000 FEET I706 1707 42'30" .708
o41 Mapped, edited, and published by the Geological Survey
Control by USGS, USC&GS, and USCE 1
* E
Topography by photogrammetric methods from aerial M"
GN
photographs taken 1962. Field checked 1964
Polyconic projection. 1927 North American datum S.
10,000-foot grid based on North Carolina coordinate system 69 MILS 1'21'
24 MILS
1000-metre Universal Transverse Mercator grid ticks,
zone 17, shown in blue
Fine red dashed lines indicate selected fence and field lines where
aenerally visible on aerial Dhotoaraohs. This information is unchecked UTM GRID AND 1973 MAGNETIC NORTH
3934 1`
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IS J ArV 5 T- 5 CIO
33 ? ??? Ewe s
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
A LTFAA
?EHNFi
October 29, 1997
DWQ Project #970814
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Steve Adams
c/o S&R Enterprises
Post Office Box 794
Angier, NC 27501
Dear Mr. Adams:
I I 1 ?
i
The Division of Water Quality has reviewed your plans for the discharge of fill material into an
additional 2,500 square feet of wetlands located at 415 Jan Street in Harnett County for a
residential lot. Based on this review, we have identified significant uses which would be removed by
this project. Furthermore, insufficient evidence is resent in our files to conclude that your project
must be built as planned in waters and/or wetlands in accordance with 15A NCAC 2H .0506.
Therefore, we are moving toward denial of your 401 Certification as required by 15A NAACO 2H
.0507(e) and will place this project on hold as incomplete until we receive this additional
information. Until we receive additional information, we are requesting (by copy of this letter) that
the U.S. Army Corps of Engineers and/or the N.C. Division of Coastal Management place your
project on administrative hold. An earlier copy of this letter was sent to you dated October 21, 1997
but was returned to DWQ as "Refused".
Please provide us with information supporting your position that your project must be
constructed as planned and that you have no practicable alternative to placing fill in these waters
and/or wetlands. Specifically can you construct your house along with providing compensatory
mitigation for this Md previous wetland impacts in this subdivision? Any documentation such as
maps and narrative that you can supply to address alternative designs for your project may be
helpful in our review of your 401 Certification. Also this project will require compensatory
mitigation as described in 15A NCAC 2H .0506(h) since the total impacts for the subdivision will
exceed one acre. Your mitigation proposal is insufficient because none was proposed.
Please respond within two weeks of the date of this letter by sending a copy of this information
to me and one copy to Mr. Ken Averitte at the Fayetteville Regional Office at Wachovia Building,
Suite 714, Fayetteville, NC 28301. If we do not hear from you in two weeks, we will assume that
you no longer want to pursue this project and we will consider the project as withdrawn. I can be
reached at 919-733-1786 if you have any questions.
Program
cc: Fayetteville DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
970814nty
Division of Water Duality - Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 - Telephone [phone] - FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recydedt 10% post-consumer paper

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Steve Adams
c% S&R Enterprises
Post Office Box 794
Angier, NC 27501
Dear Mr. Adams:
[D F= F=1
October 21, 1997
DWQ Project #970814
The Division of Water Quality has reviewed your plans for the discharge of fill material into an
additional 2,500 square feet of wetlands located at 415 Jan Street in Harnett County for a
residential lot. Based on this review, we have identified significant uses which would be removed by
this project. Furthermore, insufficient evidence is resent in our files to conclude that your project
must be built as planned in waters and/or wetlands in accordance with 15A NCAC 2H .0506.
Therefore, we are moving toward denial of your 401 Certification as required by 15A NAACO 2H
.0507(e) and will place this project on hold as incomplete until we receive this additional
information. Until we receive additional information, we are requesting (by copy of this letter) that
the U.S. Army Corps of Engineers and/or the N.C. Division of Coastal Management place your
project on administrative hold.
Please provide us with information supporting your position that your project must be
constructed as planned and that you have no practicable alternative to placing fill in these waters
and/or wetlands. Specifically can you construct your house along with providing compensatory
mitigation for this ad previous wetland impacts in this subdivision? Any documentation such as
maps and narrative that you can supply to address alternative designs for your project may be
helpful in our review of your 401 Certification. Also this project will require compensatory
mitigation as described in 15A NCAC 2H .0506(h) since the total impacts for the subdivision will
exceed one acre.. Your mitigation proposal is insufficient because none was proposed.
Please respond within two weeks of the date of this letter by sending a copy of this information
to me and one copy to Mr. Ken Averitte at the Fayetteville Regional Office at Wachovia Building,
Suite 714, Fayetteville, NC 28301. If we do not hear from you in two weeks, we will assume that
you no longer want to pursue this project and we will consider the project as withdrawn. I can be
reached at 919-733-1786 if you have any questions.
cc: Fayetteville DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
S' rel
R. m4Cert' ater Quality cation Program
970814nty
Division of Water Quality - Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 - Telephone [phone] - FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
4§b rrif f Imp C. Rnott
P.O. BOX 399
LILLINGTON, NORTH CAROLINA 27546
Office Phone: [phone]
I certify that a letter from the Department of Enviromental Health
was delivered to :
Full Name
at the following address:
ess
This day of '?'Lt>7J 199V
date month ye r
Harnett County Sheriff's Department:
Deputy Name
RECEIVED
N0 v 1 ;; 1997
ENVIRONMENTAL SCIENGkS
State of North Carolina
Department of Environment,
Health and Natural Resources • 0
Division of Water Quality A41
James B. Hunt, Jr., Governor CAIM ft
) E H N H
Wayne McDevitt, Secretary A. Preston Howard, Jr., P.E., Director
December 10, 1997
Mr. Steve Adams
c/o S & R Enterprises
PO Box 794
Angier, NC 27501
Dear Mr. Adams:
WQC Project #970814, COE Project #199708861
Harnett County
On September 18, 1997, you requested a 401 Water Quality Certification from the
Division of Water Quality for your project (residential lot fill at 415 Jam Street) located near
Angier in Harnett County. We wrote to you on October 29, 1997 discussing concerns that
we have regarding the design of the project and placing it on hold until those concerns are
addressed. As of today, we have not received a response to our earlier letter. Unless we
receive a written response from you by December 19 we will consider that you have
withdrawn this application and are not interested in pursuing the project at this time.
Please call me at 919-733-1786 if you have any questions or would like to discuss this
matter.
linn erely, L'Zto
R. Dorn ey
r Quality Cerd ion Program
cc: Fayetteville DWQ Regional Office
Wilmington District Corps of Engineers
Central Files
.MJW,,n. Dorney
970814.clr
Division of Water Quality • Environmental Sciences Branch
4401 Reedy Creek Rd., Raleigh, NC 27626-0535 • Telephone [phone] • FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper