19970352 Ver 1_COMPLETE FILE_19970421

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Jimmy Frye
P.O. Box 4702
Pinehurst, N.C. 28374
Dear Mr. Frye:
,Tk.K;WA?EHNR
June 24, 1997
Moore County
WQC 401 Project #970352
You have our approval, in accordance with the attached conditions, to place fill material and flood 0.7
acres of wetlands or waters for the purpose of constructing a pond and road crossing at SR 1207 near
Pinehurst, as you described in your application dated 21 April 1997. After reviewing your application, we
have decided that this fill is covered by General Water Quality Certification Number 3108. This Certification
allows you to use Nationwide Permit Number 26 when it is issued by the Corps of Engineers. In addition,
you should get any other federal, state or local permits before you go ahead with your project including (but
not limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply
Watershed regulations. Also this approval will expire when the accompanying 404 or CAMA permit expires
unless otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions
listed in the attached certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Domey at 919-733-1786.
Sincerely,
P.ns Howard, r. P.E
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DWQ Regional Office
Mr. John Dorney
Central Files
970352.1tr
Division of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
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4EMORANDUM PRINT NAMES:
Reviewer:
CO: JOHN DORNEY WQ SUPV.:
ENVIRONMENTAL SCIENCES BRANCH DATE:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE N/A FOR NOT APPLICABLE)
?i
PERMIT YR 97 PERMIT NO: 0000352 COUNTY: MOORS
:
APPLICANT NAME. JIMMY FRYE & PAULINA SATTERFIELD
.9
PROJECT TYPE: ROAD CROSS/FISH POND PERMIT TYPE: NW14,26 y,
?yes
COE #: DOT It : `
?.
RCD_FROM _CDA: APP DATE _FRM_CDA: 04/21/97
REG OFFICE: FRO
ZIVER AND SUB BASIN J: 030757 STR INDEX N0: - S)
STREAM CLASS:- W 5-
WL_IMPACT?: Y/N WL_TYPE: f4 Vj
WL REQUESTED: WL ACR_EST?: N
WL_SCORE M : /c- WATER IMPACTED BY FILL? Y/N
MITIGATION?: Y/N ? MITIGATION TYPE:
MITIGATION-SIZE: DID YOU REQUEST MORE INFO?: Y/N
IS WETLAND RATING SHEET ATTACHED?:LT
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?:?5N
RECOMMENDATION (Circle One): ISSUE SSUE/CO DENY
COMMENTS :
CC: Regional Office
Central Files
B
It
There appears to be considerable error in Mr. Frye's interesting application,
including the road number and name of the stream involved. Note changes in
steam index number and classification..
'I managed to get in 'touch with him and met on Thursday, May 15 and went over
his project. After explaining that he would very likely be required to
mitigate due to the length of stream involved, he decided that he might move
the road crossing further upstream. (He maintains now that the road crossing
is of more importance. I explained that this was much more approvable,
especially if there was no other access available, (as he indicated). John's
letter of April 25 indicates 2.8 acres of WL impact. Mr. Frye questioned this,
indicating that the total pond is only 2.8 acres with .7 acres of impact. (I'm
not really sure where the he comes up with his measurements.) The wetlands as
flagged by Michael Hosey are mostly bank to bank, with two "bulbs" of maybe
one half acre total between them. Jerry Hall of the Moore Co. NRCS was with
me. He suggested to Mr. Frye that he hire a surveyor and get an accurate
account of his acreage needs, once he finally decides what he wants to do. If
he is willing to do this, it would make things a whole lot more
understandable.
As is, the project impacts a very narrow linear streamside WL and two flatter
areas. A very crude estimate puts the total WL impacts at maybe an acre, max.
However, as proposed, this includes about 550-600 feet of stream inundation,
thus the mitigation requirement. This stream shows evidence of overbank
flooding in the flatter areas. There is a distinct channel, fairly deep in
places. The watershed is almost entirely woodland.
Mr. Frye will possibly be contacting John about mitigation. He was not too
pleased with the prospects of having to revise the application and/or
mitigate. I tried to explain, with questionable success, that these small wet
areas could be of more water quality benefit than a pond. Mr. Frye may also
try to negotiate for a smaller pond, moving his road/dam up the stream. We
suggested he consider this not only to protect the WL and minimize the stream
impact, but as a means of saving on the necessary amount of fill material.
Any approval of this project should include conditions requiring appropriate
mitigation. This non-agricultural project is on what appears to be a perennial
stream with considerable watershed.

Project Name Nearest Road S r? 7
County Wetl d ea 7 2-' acres Wetland Width 54-` _112, feet
Name of evaluator K Date
Wetland Location
on pond or lake
?n perennial stream
on intermittent stream
within interstream divide
other
Adjacent land use
(within 1/2 mile upstream, upslope, or radius)
?forested/natural vegetation 4-0 %
? agriculture, urban/suburban _/- %
impervious surface %
Dominant vegetation
Soil serf ?? (1
?
organic - humus, muck,
or peat
predominantly mineral - non-sandy
_,L'predominantly sandy
Hydrauli factors
st topography
D?ditched or channelized
Vital wetland I a lfeet f
(2) ?i???t ?.?ya•L?
(3)
Flooding and wetness
semipermanently to permanently
,flooded or inundated
K seasonally flooded or inundated
intermittanly flooded or temporary
surface water
no evidence of flooding or surface water
Wetland type (select one)*
?ttomland hardwood forest Pine savanna
Headwater forest Freshwater marsh
Swamp forest Bog/fen
Wet flat Ephemeral wetland
Pocosin Carolina Bay
Bog forest Other
*the rating s?stem cannot be applied to salt or brackish marshes or stream channels
weight
R Water storage x 4.00=
>--..
A Bank/Shoreline stabilization x 4.00 =
T Pollutant removal * x 5.00=-
Wildlife habitat 00
x 2
N Aquatic life value .
?- x 4.00 = ''=
G Recreation/Education x 1.00
Wetland
*Add 1 point if in sensitive watershed and >I 0% nonpoint disturbance within 1/2 mile upstream,
upsloM or radius
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
A 17
4 J ?gAj
C) FE F1
April 25, 1997
DWQ #970352
Moore County
Mr. Jimmy Frye
P.O. Box 4702
Pinehurst, NC 28374
Dear Mr. Frye:
On 21 April 1997, you applied to the N.C. Division of Water Quality (DWQ) for a 401 Water
Quality Certification to impact 2.8 acres of wetlands or waters for your project to construct a dam and pond
located at SR 1207 near Pinehurst in Moore County. Your project has been forwarded to Mr. Ken Averitte
[phone] of DWQ Fayetteville Regional Office for review. This review will likely require an on-site
inspection prior to the approval, modification or denial of your project site. If you have sent additional
information to the U.S. Army Corps of Engineers concerning this project, please be certain that our staff
have copies of this material so we can use it in our process in making a decision.
According to our preliminary, in-house review since you propose to disturb greater than one acre of
wetlands, it is likely that compensatory mitigation will be required by DWQ for this project as described in
15A NCAC 2H .0506 (h). Our Regional Office staff can make this decision during their site visit. If
adequate mitigation is required but not provided, this project will likely have to be denied. Also if a
mitigation plan is required, we will place this project on hold until its receipt in our Central Office.
Enclosed are materials describing compensatory mitigation requirements for this program. Please call me at
919-733-1786 to discuss these matters if necessary. Until a mitigation plan is provided, this application is
considered to be incomplete and our processing time will not start.
We recommend that you not impact any wetlands or waters on your project site until a 401 Water
Quality Certification has been issued from Raleigh, The issuance of a Corps of Engineers 404 Permit does
not mean that your project can proceed. According to the Clean Water Act, the 404 Permit is not valid
until a 401 Certification is also issued. If DWQ staff observe impacts which are not allowable, you will be
required to remove the fill and restore the site to its original condition. I can be reached at 919-733-1786 if
you have any questions about the 401 Certification process.
Dorney
Quality Cc ' ica ' n Program
cc: Fayetteville DWQ Regional Office
Central Files
970352.rovst
Division of Water Quality • Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper

97 08 5 2
DEM ID: CORPS ACTION ID: 416
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT #): ,
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION--TO THE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTIFICATION
3) COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE
???
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FIELD OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT
(SEE AGENCY ADDRESSES SHEET). PLEASE PRINT.
1. OWNERS NAME : J +r ? ?-? LI A A t lv4 5 4
??Q??2i3f ?j mirt.? 1' 12C?vt'r E1, 4'7o'?. PihJe?haxi4i N. C. 'Z gS -74-
2 . MAILING ADDRESS : PTh tjt*j .S 13 tt c Q_ P. i.). Box 3G9
SUBDIVISION NAME: InifJ59
A S ?IN?s
-
CITY: 0L. tl) ,S r b _ STATE : /J. c • ZIP CODE
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE) hu)
! O, d 2t rii!-t?ati,S(?.`
?N?,
F P/loonC Cb6 IVa PI IVc-halt 4-11-1-If xL? .SJGI?rV ?-? ?N?, tta .t.o
3. TELEPHONE NUMBER (HOME) : glf3- C 91-47:25 (WORK) : q1y -ar6 - 31
RP40 VA sfi 1+Cg- KlCkt q 19 - 2 GG ° `7 771 - 1-16,07 4
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: 24C -'7"779
1046,1,,gld-?81 -g72,6- R15-; -777
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5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY : V? a O MI NEAREST TOWN OR CITY: ?lUJr1,14 2S 1 ,
1

IN
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/'"//0?f?jaJ2S?i 6V L: SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.):

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0-7
104-1-3L 6'91
r ? , e? ems. m Alt da.< &.h j, tun S i-trt ' Gt, l
G. IMPACTED OR NEAREST STREAM/RIVER: &Z-W 2 e E ':E -dzg ' x c&r-- jL'

RIVER BASIN: ??-
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-II)? YES [ ] NO [/ IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [,4
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES), WHAT IS TT.-E LAND USE PLAN (LUP) DESIGNATION?
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON
THIS PROPERTY? YES [ ] NO [;(] IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401
CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO [)o IF YES, DESCRIBE ANTICIPATED WORK:
2
" y, `
I
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: Lit y- ld5 /7 , 4'
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
3= l ?Qr & c= s /m/ / gel Lv-/ :2 -
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 9.7 19Qc15 EXCAVATION: fAl15-t Zp4Jx 0?7
41 4# Ex S7 OTHER : ®Lld? 4 '
FLOODING :
DRAINAGE : 4WI4 0*1d TOTAL ACRES TO BE IMPACTED : y 1 '7 44 n € S el:
? ,?Q E s
Gos /?C!/? 4,L /e d e! r ?i??Yl Alta 4U K L OC• ? ? ?f / /?l5'(? ? ;2'
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
0 FT AFTER : 51 is, ac- wcn,14 6 c e>jeFTv-4
LENGTH BEFORE : 1-0& Qe Z0 '
WIDTH BEFORE (based on normal high water contours): 7AJ4? -JAFMMT
WIDTH AFTER: -7 ,SGh" FNd ?? ` 1if FT
AVERAGE DEPTH BEFORE: /'? V FT AFTER: ?2 "/ S FT
(2) S'T'REAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
Q 1,'e! 4" L ut I d i*.#- R n{D Z. Mq f a4h a- -
OPEN CHANNEL RELOCATION: C 14'-'C PLACEMENT OF PIPE IN CHANNEL: r/?U
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM/FLOODING: s ?' L!/?tC?'..W
OTHER : 1?gaLt e- Aitl /i. 'g f0 ??fJ? ,?.G62tJ .!/oti
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE u1?
WATERSHED DRAINING TO THE POND? ' J,2 Id'
r
WHAT IS THE EXPECTED POND SURFACE AREA? 2 ?? Q 1=5 ,? R C.2tt S ?a+,
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF Q
3
f
MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY) Q C. kh e•A.. ,4 caw s IL s? i , ? k s ?a
nh I aov /E / ? ,ti
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Y.
G
rwsti J? .thv #n. 04- rn.tn,?
-A-
13- PURPOS ; OF PROPOSED WORK: _aL.?.? ,/a1G(?? d
alL 6/ uJ2 L r/ L??v J 10
r ? .? -z e`?-c?
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED
OUT IN WETLANDS. (IN L E ANY MEASURES TAKEN TO MINIMI ?
IMPACTS) : .i.?. ?® .i? •?' T_ L ... _ ./? WETLAND`?° ,
ES.
.28,E
cl,I rL
Vs %
M?? ,L6
.plc[ Lu2?J ? .
i v f?=2 i+ PtE
15. Y REQU R TO CO THE U.S. F WILD FE SERVICE
( FW R T N I F SHERIES RV CE (NMF E AGENC
AD R SSE SH ET AR IN E S E F FE E LY IST D 0
PR STN E RED 4 THR TE D PE I
I?V E P RMIT AR HA BE F? CTE BY THE Rn nqv T
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND? 0 0
4

i
YES [] NO V (IF NO, GO TO 18)
a. IF YES, DOES THE PROJECT-REQUIRE PREPARATION OF AN ENVIRONMENTAL.
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
POLICY ACT?
YES [] NO []
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [] NO []
IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES-STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF
PROPOSED ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL
INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,
29, AND 38). ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
MUST BE SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS SO FEET OR 1
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b-. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACTED BY PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA
SHEETS RELEVANT' TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED
e. WHAT IS LAND USE OF SURROUNDING PROPERTY?
? l
'a/1'l?j?/i?G ?tfy?/e'O?iJ ?!j•GC'Ci?dZ ?j???-e?..
IF APPLIPCABL T IS PRO OSED ETHOD OF SEWAGE ISPOSAL?
eA?' C C2zt.2t_. ZZ .4.tfd? ?
5 /
4'A z e>o )(? ?;'6t .? ,l? a 7 cl awry soo z. clod a.ezra,_f ? ,
A& I'V41,62-

eZd •??.?GC/l2 S' ?- .CL?.t? /D2 ,.=/
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. MAY NOT BE IMPACTED PRIOR TO:
1) ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2) EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIRONMENTAL MANAGEMENT (WATER QUALITY) CERTIFICATION, AND
3) (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
PROGRAM.

41// ? /5? -7 .
DATE

` (AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
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