19970259 Ver 1_Complete File_19970327

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
LT.3?FA
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[DEHN1=?L
March 27, 1997
Craven County
DWQ Project # 970259
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Gerald Anderson, LLC
1306 Highway 17 North
Bridgeton, NC 28519
Dear Sirs:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
material in 0.09 acres of wetlands or waters for the purpose of constructing a road crossing at Hunter's Ridge
subdivision, as you described in your application dated 17 March 1997. After reviewing your application, we
have decided that this fill is covered by General Water Quality Certification Number 3103. This certification
allows you to use Nationwide Permit Number 14 when it is issued by the Corps of Engineers.
This approval is only valid for the purpose and design that you described in your application except as
modified below. 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 211.0506 (h) (6) and (7). For this approval to be
valid, you must follow the conditions listed in the attached certification and any additional conditions listed
below. A deed restriction or conservation easement shall be added to the remaining wetlands on this lot to
prevent future fill. 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. This approval will expire when the accompanying 404 or
CAMA permit expires unless otherwise specified in the General 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,
ston Howard, Jr. P. .
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
Washington DWQ Regional Office
Mr. John Dorney'
Central Files
Kevin Avolis; Avolis Engineering
970259.1tr
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

COASTAL
FEDERATION
3609 HWY 24 (OCEAN) NEWPORT, NORTH CAROLINA 28570 • (919) 393 -8185 • Fax [phone]
June 2, 1997
Mr. John Dorney
Division of Water Quality
_Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, NC 27607
RE:, Gerald Anderson 401 Water Quality Certification
Dear John:
As we discussed on the phone Friday, I have been asked by concerned citizens to look at
some wetland development activities being conducted by Gerald Anderson in Craven County.
On March 27, 1997, Preston Howard issued a 401 Water Quality Certification that allowed
Anderson to obtain a Nationwide Permit Number 14 to construct a road crossing at Hunter's
Ridge subdivision near Brices Creek. On April 30, 1997, the U.S. Army Corps of Engineers
issued Nationwide Permit Number 18 (Action Id. 199705505) for the project. A 401
Certification for a Nationwide Permit Number 18 was never obtained prior to issuance of this
permit.
Today, records at the Craven County Courthouse were checked to see if the deed
restriction or conservation easement required by your Certification was on record. Local
officials were unable to locate these property restrictions after an extensive search. They were
aware that the property is currently owned by Marjorie E. Williams of Craven County.
We request that you obtain the deed restriction or conservation easement required by your
Certification and provide us with a copy. If no restrictions were developed, please let us know
what actions you will take to enforce the conditions of your Certification.
In addition, county planning officials report to local residents that these wooded
( adjacent) wetlands will be excavated in the near future. Wetland standards (15A NCAC
2B.0231) state that habitat for the propagation of resident wetland - dependent wildlife species,
including mammals, birds, reptiles and amphibians shall be protected and restored. These
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40

r
functions and values of this wetland system are likely to be destroyed if they are dredged out and
flooded. Please let me know how_ the state's water quality standards will be enforced at this
location?
Thank you for your help.
Sincerely,
Todd Miller
Executive Director

EFINR - ENVIRONMENTAL MANAGEMENT TISA: 02B.0200
(E) To maintain its exemption from Paragraph (b) of this Rule, a facility must continue to meet the
requirements of Subparagraph (d)(1) Parts (A) through (D) of this Rule.
(2)- For municipal facilities:
(A) The facility has reduced its annual average TN loading by 30 percent from its annual average 1991
IN loading;
(B) The facility has reduced its annual average TP loading by 30 percent from its annual average 1991
TP loading;
(C) The expansion does not result in annual average TN loading greater than 70 percent of the 1991
annual average TN load. Permit limits may be established to insure that the 70 percent load is not
exceeded;
(D) The expansion does not result in annual average TP loading greater than 70 percent of the 1991
annual average TP load. Permit limits may be established to insure that the 70 percent load is not
exceeded;
(E) To maintain its exemption from Paragraph (b) of this Rule, a facility must continue to meet the
requirements of Subparagraph (d)(2) Parts (A) through (D) of this Rule.
History Note: Authority G. S. 143- 214.1;
Eff. April 1, 1997.
.0230 RESERVED FOR FUTURE CODIFICATION
.0231 WETLAND STANDARDS ,
(a) General. The water quality standards for all wetlands are designed to protect, preserve, restore and enhance
the quality and uses of wetlands and other waters of the state influenced by wetlands. The following are wetland uses:
(1) Storm and flood water storage and retention and the moderation of extreme water level fluctuations;
(2) Hydrologic functions including groundwater discharge that contributes to maintain dry weather streamflow
and, at other locations or times, groundwater recharge that replenishes the groundwater system;
(3) Filtration or storage of sediments, nutrients, toxic substances, or other pollutants that would otherwise
adversely impact the quality of other waters of the state;
(4) Shoreline protection against erosion through the dissipation of wave energy and water velocity and
stabilization of sediments;
(5) Habitat for the propagation of resident wetland- dependent aquatic organisms including, but not limited to
fish, crustaceans, mollusks, insects, annelids, planktonic organisms and the plants and animals upon which
these aquatic organisms feed and depend upon for their needs in all life stages; and
(6) Habitat for the propagation of resident wetland- dependent wildlife species, including mammals, birds,
reptiles and amphibians for breeding, nesting, cover, travel corridors and food.
(b) The following standards shall be used to assure the maintenance or enhancement of the existing uses of wetlands
identified in Paragraph (a) of this Rule:
(1) Liquids, fill or other solids or dissolved gases may not be present in amounts which may cause adverse
impacts on existing wetland uses;
(2) Floating or submerged debris, oil, deleterious substances, or other material may not be present in amounts
which may cause adverse impacts on existing wetland uses;
(3) Materials producing color, odor, taste or unsightliness may not be present in amounts which may cause
adverse impacts on existing wetland uses;
(4) Concentrations or combinations of substances which are toxic or harmful to human, animal or plant life may
not be present in amounts which individually or cumulatively may cause adverse impacts on existing wetland
uses;
(5) Hydrological conditions necessary to support the biological and physical characteristics naturally present
in wetlands shall be protected to prevent adverse impacts on:
(A) Water currents, erosion or sedimentation patterns;
(B) Natural water temperature variations;
(C) The chemical, nutrient and dissolved oxygen regime of the wetland;
(D) The movement of aquatic fauna;
(E) The pH of the wetland; and
(F) Water levels or elevations.
(6) The populations of wetland flora and fauna shall be maintained to protect biological integrity as defined at
15A NCAC 2B .0202.
wn1?77l rARn7JNA A7)M7NL4TRAT7VF. rn7)F. n5/01/97 Page 36

04� . ..', •
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
Ja mes B. Hunt, Jr., G ovemor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
FAX TO:
FAX NUMBER:
FROM:
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Division of Water Quality
Environmental Sciences Branch
4401 Reedy Creek Road
Raleigh, N.C. 27607
FAX:[phone]
DATE: `A I � l PAGES INCLUDING THIS SHEET:.
COMM

DIVISION OF WATER QUALITY
WATER QUALITY SECTION
401 COMPLIANCE MONITORING
F RM
DWQ Investigator: <�WVt ��. L_ DW y
Q*� I
Date Time: l J� Regi naI Office: /1 County: Vf
Project Name: )(s)rq(d n (4uAf inr'S R Ju :5
Permittee:
Location of Project:
Type of Development Authorized: J / (D - il "b 0
Type of Permit / Water Quality Certification: / v ( /
Type of Impact: l
Wetland Type and DWQ Rating: � G /
clIl In N
Nearest Stream: ( t Cv- (� �f Basin /Sub.: C 4- j
Distance of Wetland Impact from Nearest Surface Water:
Specific 401 Conditions:
Q
Is project in compliance with all conditions: ' Y / N
. -- pp
Comments / Description: �J(2) (' �(J (q
Is there a violation of the 401 Certification authorization ? c"
If so complete the enforcement section on the back of this form rd copy to
the Central /Regional Office.
Signature: Date:
DWQ 12196

ENFORCEMENT
1. Is there a previous history of 404 / 401 activity on the property?
If so, give any details:
Nature of Violation (fill, excavation, etc.):
Acres:
Wetland Rating (if possible):
Significant uses impacted:
Were downstream uses impacted?
Could- the impacts have been avoided or significantly minimized?
Could the activity have ber:i authorized?
Is restoration or mitigation appropriate for the unavoidable impacts?
Staff Recommendations for Future Action:

w -'ti.
State of North Carolina
Department of Environment,
Health and Natural Resources r4i
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary ID
A. Preston Howard, Jr., P.E., Director
June 13, 1997
CERTIFIED MAIL - RETURN RECIPT REQUESTED
Mr. Gerald Anderson
1306 Highway 17 North
Bridgeton, NC 28519
Dear Mr. Anderson:
RE: 401 Water Quality Certification
Proposed road and lake
Hunter's Ridge subdivision
Craven County
DWQ # 970259, COE # 199705505
Thank you for describing your planned development to excavate about 2.1 acres of
wetlands on your property off of SR1413 near Brice's Creek. I thought it would be useful to
prepare a letter describing how our wetland rules could affect your proposed activity.
As we discussed according to our rules (15A NCAC 2H .0506(c)), you could fill 1.0 acres
of wetlands on this site without requiring minimization review or mitigation from DWQ since the
wetlands are more than 50 feet from a stream or other surface waterbody. Indeed as you stated,
creation of a pond would have water quality benefits at least as compared to another type of
development.
As we discussed, whether our rules would be triggered by impact beyond one acre is not
clear. Recently (but not in response to this project), we asked the Attorney General's office for
an interpretation of our rules in this regard. The letter states that our tentative opinion is that our
rules would apply since 1) wetland fill requiring a 401 Certification occurred elsewhere on the
property (the road crossing we approved on 27 March 1997), and 2) our rules require us to
consider cumulative impacts to wetlands (15A NCAC 2H .0506(c)(4)). Until the Attorney
General's offcie provides an official opinion, I suggest that you limit your total impact on this site
to no more than one acre of wetlands. If the Attorney General's Office advises us that the
completion of this activity is not subject to our rules, I will notify you immediately. However you
should be aware that 1) tf you disturb more than one acre of wetlands on the site and 2) if the
bivision 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° /a recycled/100% post consumer paper

-f mss.,
Attorney General's Office decides that the activity is not exempt from our rules, you would be
required to provide 4.4 acres of riparian wetland restoration for the entire 2.2 acre of wetland fill
since the site is beyond 150 feet of a "blue line stream" on the USGS topographic map but within
1000 feet of that same line ( Brice's Creek).
From the viewpoint of water quality, I would suggest the following. As you are aware,
Brice's Creek is classified as Nutrient Sensitive Waters (as is the entire Neuse River basin). Also
the Neuse River has excessive levels of nurtients (phosphorus and nitrgen) which are associated
with algal blooms and fish kills. Wetlands serve an essential nutrient removal function especially
for soluble pollutants primarily due to the action of bacteria and soil. Lakes similar to those you
propose to build also serve to remove nutrients but primarily those attached to particles of soil
through a settling process. Lakes perform poorly in the removal of dissolved nutrients as
compared to wetlands.
Unfortunately, dissolved nutrients are likely to be the most common form of nutrients
leaving the Hunter's Ridge subdivision, flowing through your lakes and then entering Brice's
Creek. These dissolved pollutants will likely be coming from lawn fertilizers, dry atmospheric
fallout washed from roofs and streets into the storm drains and excrement from ducks attracted to
the lakes. Therefore we believe that an increase in nutrients is likely from the hunter's Ridge
subdivision to Brice's Creek and the Neuse River despite your planned efforts to manage
stormwater by directing it into a series of ponds.
We believe that the best design would 1) provide a lake as planned for the use of the
residents of Hunter's Ridge, ) would effectively manage nutrient input to Brice's Creek, and 3)
would not require wetland mitigation is shown on the accompanying sketch. A pond dug in one
acre of wetlands could be easily located adjacent to and downslope of the private entrance road.
The remaining wetlands on the site with the remnant cypress trees could be left intact to receive
drainage from the ponds and thereby removing soluble nutrients. The cleared portion of the
wetland could be planted to beautify the area in conjunction with your proposed hiking trail. This
design would not require wetland mitigation under our Water Quality Certification rules since
total wetland impact would be less than one acre.
Please call me at 919 - 733 -1786 to discuss these issues. Also as we discussed in the field,
you will need to notify DWQ in writing about the changed development plans for this project even
if a 404 Permit is not required for your proposed pond. As stated in the Certification issued to
you on 27 March 1997 (depending on your submittal), you may be required to reapply. Finally
our Certification required a deed restriction or conservation easement on the remaining wetlands
(namely those you plan to excavate for the pond). Please address how this requirement will be

met. Until these provisions are adequately handled, your project is not in compliance with the
401 Water Quality Certification we issued on 27 March 1997. I would appreciate a response
within 7 days since you are planning to create the pond soon. If it is more convenient, my fax
number is 919 - 733 -9959.
Since y yours,
Jo Dorney
Water Quality ertification Program
cc: Deborah Sawyer, DWQ Washington Regional Office
Wilmington District Corps of Engineers
Dave Lekson, Washington Field Office Corps -of Engineers
Dan Oakely, NC Attorney General's Office
Todd Miller, NC Coastal Federation
Central Files
Gary Mitchell, Gary Mitchell and Associates
Kevin Avolis, Avolis Engineering
970259.wrn

L
• n 0 n 9 �!y A A fSv�
DEM _D:9 7 2 5 CORPS ACTION ID:
NATIONWIDE ?ERMIT REQUESTED (PROVIDE NATT_CNWIDE ?v. 4):
14
PRE - CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1) NOTIFICATION TO TPE CORPS OF ENGINEERS
2) APPLICATION FOR SECTION 401 CERTgICATICN
3) COORDINATION WITH TEE NC DIVISION OF COASTAL MNAGEMENT
SMM THE ORIGINAL AND (1) COPY OF THIS COLLETED FORM TO THE APPROPRIATE,.'
FIE= OFFICE OF THE CORPS OF ENGINEERS (SE AGMICY ADDRESSES SHEET) . Sc IEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF EiNVIRONblENTAL MANAGElffm
(SEE AGr�NCY ADDRESSES SHEET). PLEASE PRINT.
OWNERS NAME: GERALD ANDERSON LLC
2. MAILING ADDRESS: 1306 HIGHWAY 17 NORTH BRIDGETON NC 2B519
SUBDIVISION NAME:
CITY: NEW BERN STATE: NC ZIP CODE: 28519
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE) • HUNTER'S RIDGE SUBDIVISION INTERSECTION OF NCSR 1004 & 1143,
T IP NO. 7
3. TELEPHONE NUMBER (HOME) : 636 -7652
(WORK) : 633 -2830
4. Ir APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: KEVIN AVOLIS P.E.
P-o. Box 15564, NEW BERN, NC 28551
„i
S. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC Mme:
MAP OR AERIAL PHOTOGRAPHY WITH SCALE) : '
COUNTY • 'RAM NEAREST TOWN OR CITY: NQ4 M
MAP ATTACHL-0
1

SPECIFIC LOCATION (INCLUDE ROAD
NUMBERS, LANDMARKS, ETC.) : IMERSECTIM OF NCSR 1004 & NCSR 1143
6. IMPACTED OR NEAREST STREAM /RIVER: BRICES CREEK
RIVER BASIN:
NR ST RTVFR
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER
(SA) , HIGH QUALITY WATERS (HQW) , OUTSTANDING RESOURCE WATERS (ORW) , WATER
SUPPLY (WS-1 OR WS-11)? YES [ ] NO [ XI IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
M-3,NAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [XI
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR
LIST OF COASTAL COUNTIES.) ,N WHAT IS THE LAND USE PLAN (LUP) DESIGNATION?
YES, RESIDENTIAL
Sa. HAVE ANY SECTION 404 PERMITS
THIS PROPERTY? YES [ I NO [XI
PREVIOUS PERMIT AND ANY ADDITIONAL
CERTIFICATION):
BEEN PREVIOUSLY REQUESTED FOR USE ON
IF YES, PROVIDE ACTION I.D. NUMBER OF
INFORMATION (INCLUDE PHOTOCOPY OF 401
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE
FUTURE? YES [ ] NO [X] IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND". 212 ACRES
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
2.19 AC.
2

10a. NUMBER OF ACRES OF ,WETLANDS - PACT-ED BY THE PROPOSED PROJECT BY:
F I '.LING: 0.09
FLOODING: -0-
DRAINAGE: -0
EXCAVATION: -0-
OTHER: -0-
TOTAL ACRES TO BE II-1PACTED : 0.09
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF
RELO(=ATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION)
LENGTH BEFORE. NSA FT AFTER: '
WIDTH BEFORE (based on normal high water contours) : FT
WIDTH AFTER: `T
AVERAGE DEPTH BEFORE: FT AFTER: T
(2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: _ CONSTRUCTION OF A DAM /FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE
WATERSHED DRAINING TO THE POND? N/A
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
MECHANICAL EQIIIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS
ONLY) - CMSTRt CTION OF SUBDIVISION ACCESS ROAD ACROSS BD OF WED AND AREA CObTRUCTION WILL _
INCLUDE UNDERCUTTING ORGANIC RICH SOILS PLACING FILL BUILDING ROAD BASE AND ASPHALT
SURFACE CONSTRUCTION & SEEDING OF SHOULDERS.
E IFTW: DOZER EXCAVATOR DUNP TRUCK GRADER
3

14. STATE REASONS -'?THY IT IS BELIEVED T:L T THIS ACTIVITY MUST BE CARRIED
OUT IN WETLAVDS. (INCLUDE ANY MEASURES TA:fi N TO MINIMIZE WETLAXD
IMPACTS) : THE PROPERTY CORNERS AT THIS LOCATION ARE SUCH THAT THE ROAD MUST ENCROACH INTO
WETLANDS AREA TO ACHIEVE A SONE"T REASONABLE RADIUS IN THE ROAD. THE RADIUS OF THE ROAD
WAS REDUCED TO THE EXTENT POSSIBLE. THE ROAD WILL BE MAINTAINED AS A PRIVATE ROAD SO THAT
A TICS -fTER RADIUS AND NARROWER WIDTH COULD BE USED.
15. YOU ARE REQUIRED TO CONTACT THE U.S. =ISH AND WILDLIFE SERVICE
(USFWS) AND /OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY
ADDRESSES SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT
IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE
CONTACTED: FEBRUARY 20, 1997 /AWAITING COMMENTS (ATTACH RESPONSES
FROM THESE AGENCIES.)
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC
PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED
PROJECT. DATE CONTACTED: • FEBRUARY 20, 1997 /AWAITING COMEM'S
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES (I NO (I (IF NO, GO TO 18 )
a. IF YES, DOES THE PROJECT REQUIRE PREP_ARA.TION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA EN IRONMENT_AL
POLICY ACT?
YES [ I NO ( I N/A
b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION STATE CLEAR�'YG'HOUSE?
YES (I NO ( I N/A
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].
4

.3. 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 50 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?
RESIDENTIALA IG-fT CW ERCIAL
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
SUBDIVISION SEWAGE DISPOSAL IS BY SEPTIC TANK SYSTEMS IN EACH LOT.
N
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 = TWENTY CoASTA.L COUNTIES ONLY) , A LETTER FROM THE
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL bgkNAGEMENT
PROGRAM.
GERALD L. ANDERSON
OWNER'S /AGENT'S. IGNA URE
(AGENT'S SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (189.))
5
DATE

SITE LOCATION MAP
�1 AVOLIS ENGINEERING, P.A. HUNTERS RIDGE SUBDIVISION
� Civil and Environmental Engineering NCSR 1004 & NCSR 1143
CRAVEN COUNTY, NC

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1989 AERIAL PEMOGRAM
GERALD L. ANDERSON, LLC MME
TOWNSHIP NO. 79 CRAVEN COUNTY
NORTH CAROLINA
1989 AERIAL PHOTOGRAPH
AVOLIS ENGINEERING, P.A. HUNTERS RIDGE SUBDIVISION
Civil and Environmental Engineering NCSR 1004 & NCSR 1143
CRAVEN COUNTY, NC

FOURTH VERSION
GUIDANCE FOR RATING THE VALUES OF WETLANDS
IN NORTH CAROLINA
North Carolina Department of .
Environment, Health, and Natural Resources
Division of Environmental Management
Water Quality Section
January, 1995
This document has been approved, by
Steve W. Tedder, Chief
Water Quality Section
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Nearest road
Project n e 2 acres Wetland N%ddth
Countvd�r� n�rA
Wetland type (select one)*
❑ Bottomland hardwood forest ❑Pine savanna
❑ Freshwater marsh l
❑ Headwater forest ❑ Bog /fen
Swamp forest ❑ Ephemeral wetland
• Wet flat ❑ Carolina Bay I
• Pocosin ❑ Other---.---
E3 Bog forest
*"'The rating system cannot be applied to salt or brackish marshes o � scream channels��������������
weight
nn x 4.00 G , s
F% Water storage _
Wetland Score
�._ .
Bank /Shoreline stabilization x 4.00 = •,�_ � � �
Pollutant removal * x 5.00
Wildlife habitat
x 2.00 =
O Aquatic life value x 4.00 =
�p
Uri x 1.00 Recreation /Education
G* Add 1 point if in sensitive watershed and> 10% nonpoint disturbance within 1/2 mile upstream,�upslope,�o� radius
57

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i� qAj�,Wc

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
June 13, 1997
CERTIFIED MAIL - RETURN RECIPT REQUESTED
Mr. Gerald Anderson
1306 Highway 17 North
Bridgeton, NC 28519
Dear Mr. Anderson:
RE: 401 Water Quality Certification
Proposed road and lake
Hunter's Ridge subdivision
Craven County
DWQ # 970259, COE # 199705505
00.9;%
A-14 0 � a*
ON Y8 r9.9d
�EHN�F�-
Thank you for describing your planned development to excavate about 2.1 acres of
wetlands on your property off of SR1413 near Brice's Creek. I thought it would be useful to
prepare a letter describing how our wetland rules could affect your proposed activity.
As we discussed according to our rules (15A NCAC 2H .0506(c)), you could fill 1.0 acres
of wetlands on this site without requiring m;nim;�ation review or mitigation from DWQ since the
wetlands are more than 50 feet from a stream or other surface waterbody. Indeed as you stated,
creation of a pond would have water quality benefits at least as compared to another type of
development.
As we discussed, whether our rules would be triggered by impact beyond one acre is not
clear. Recently (but not in response to this project), we asked the Attorney General's office for
an interpretation of our rules in this regard. The letter states that our tentative opinion is that our
rules would apply since 1) wetland fill requiring a 401 Certification occurred elsewhere on the
property (the road crossing we approved on 27 March 1997), and 2) our rules require us to
consider cumulative.impacts to wetlands (15A NCAC 2H .0506(c)(4)). Until the Attorney
General's offcie provides an official opinion, I suggest that you limit your total impact on this site
to no more -than one acre of wetlands. If the Attorney General's Office advises us that the
completion of this activity is not subject to our rules, I will notify you immediately. However you
should be aware that 1) if you disturb more than one acre of wetlands on the site and 2) if the
bivision of Water Quality - Environmental Sciences Branch
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmadve Action Employer • 50% recycled1100/9 post consumer paper
r

Attorney General's Office decides that the activity is not exempt from our rules, you would be
required to provide 4.4 acres of riparian wetland restoration for the entire 2.2 acre of wetland fill
since the site is beyond 150 feet of a "blue line stream" on the USGS topographic map but within
1000 feet of that same line ( Brice's Creek).
From the viewpoint of water quality, I would suggest the following. As you are aware,
Brice's Creek is classified as Nutrient Sensitive Waters (as is the entire Neuse River basin). Also
the Neuse River has excessive levels of nurtients (phosphorus and nitrgen) which are associated
with algal blooms and fish kills. Wetlands serve an essential nutrient removal function especially
for soluble pollutants primarily due to the action of bacteria and soil. Lakes similar to those you
propose to build also serve to remove nutrients but primarily those attached to particles of soil
through a settling process. Lakes perform poorly in the removal of dissolved nutrients as
compared to wetlands.
Unfortunately, dissolved nutrients are likely to be the most common form of nutrients
leaving the Hunter's Ridge subdivision, flowing through your lakes and then entering Brice's
Creek. These dissolved pollutants will likely be coming from lawn fertilizers, dry atmospheric
fallout washed from roofs and streets into the storm drains and excrement from ducks attracted to
the lakes. Therefore we believe that an increase in nutrients is likely from the hunter's Ridge
subdivision to Brice's Creek and the Neuse River despite your planned efforts to manage
stormwater by directing it into a series of ponds.
, We believe that the best design would 1) provide a lake as planned for the use of the
residents of Hunter's Ridge, ) would effectively manage nutrient input to Brice's Creek, and 3)
would not require wetland mitigation is shown on the accompanying sketch. A pond dug in one
acre of wetlands could be easily located adjacent to and downslope of the private entrance road.
The remaining wetlands on the site with the remnant cypress trees could be left intact to receive
drainage from the ponds and thereby removing soluble nutrients. The cleared portion of the
wetland could be planted to beautify the area in conjunction with your proposed hiking trail. This
design would not require wetland mitigation under our Water Quality Certification rules since
total wetland impact would be less than one acre.
Please call me at 919 -733 -1786 to discuss these issues. Also as we discussed in the field,
you will need to notify DWQ in writing about the changed development plans for this project even
if a 404 Permit is not required for your proposed pond. As stated in the Certification issued to
you on 27 March 1997 (depending on your submittal), you may be required to reapply. Finally
our Certification required a deed restriction or conservation easement on the remaining wetlands
(namely those you plan to excavate for the pond). Please address how this requirement will be

met. Until these provisions are adequately handled, your project is not in compliance with the
401 Water Quality Certification we issued on 27 March 1997. I would appreciate a response
within 7 days since you are planning to create the pond soon. If it is more convenient, my fax
number is 919 - 733 -9959.
Sincerply yours,
Jo Dorney
Water Quality ertification Program
cc: Deborah Sawyer, DWQ Washington Regional Office
Wilmington District Corps of Engineers
Dave Lekson, Washington Field Office Corps. of Engineers
Dan Oakely, NC Attorney General's Office
Todd Miller, NC Coastal Federation
Central Files
Gary Mitchell, Gary Mitchell and Associates
Kevin Avolis, Avolis Engineering
970259.wm

�Xa- ' U, ►S ► ARMY CORPS OF ENGINEERS ? � � cg r k lQ��� +.1'lN -q' r � r. ,.
l-I t o y. 6 "f u WILMINGTON DISTRI
+.
Action Id.
G:EWER.A.I, IPER irr (REGIONAL A
Propefir owner
Addres..�_____ 1y
Teleph o .ie No -M,
Size and Location oi' fproject (v;at -.r body, road name /number, town,
35?g2 000
311100 .
County v
VERIFICATION
:�- .6r., ._
-'c'k.
Applic «bic Law: ___;X_Section 404 (C1eait'°waterAct;'33 U.S.C. 1344
(check sa' that apply) �• f )
pF j) .,,.section 10 (River and Harbor Act of 1899)., -`
Authori ;t.t oy: _ JZegional General Permit Number. '' At`b
�. ._ I r,
_l'lationwide Permit Nul6cr.
Your work .'s authorizod. by this Regional General RGP or Nationwide ( ) wi Permit (NWP) provided it is accomplished
in strict accordance with the attaci•:ea conditions and your submitted Plans_ If your activity is subject to Section
404 (if Sc- ,.ion 404 block above is checked), befoie beginning wo: rk you must also receive a Section 401 water
quality ce ;•t.ification fr 3m the N.C,'Division of Environmental Management, telephone [phone]. For any
activity lvithin the twenty coastal counties, bef0e beginning work you must contact the N.C. Division of Coastal
Managetac.nt, telephone (919' 723 =1293.
Please read and carefully comply with the attached conditioniof the RGP or NWP. Any violation of the conditions
of the RCif' :)r the NNA-rP referenced above may subject the '
permi
appropri ttee to a stop work order, a restoration order, and/or
t o legal action.
This Dep attment of the Army RG'P or NWRverification does not relieve the petmi.ttee of the responsibility to obtain
any other r zcluire;i Fed!, ;Pal. State, or local Approvals /permits. The permittee may need to contact appropriate State
and local a%,encies i-k:fcre beginning work'.
If there ate z:ny questions regarding this authorization or any of the conditions of the General Permit or Nationwide
Permit, please contact thle Corps Re„ xlafory Official specified below. ,
Date _ !—o by_—_
Corps Regv latory Official ! ',
� Telephone No.
Expiration E-ate of Ve.diacation
SURVEY KATS, 1`I1iI..17 SKETCH. WETLAND DELINEATION FORMS, PROJECT PtLANS, ETC., MUST
BE ATTAC FEED TO 31-1E YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CESAW Form 59:
Ravi$"July 1991

/V 1? 0 0 4-"
d
u,:;;. ARMY CORPS OF ENGINEERS 3 00
Wilmington District
Action ID ..JJ h _�gei G' • �irL County: CrAvem
Respons: b
Address _
Noulication o'F unauthorized ActivityJPermit Noncompliance
Telephone 'Number__. 6_13 — �)IM)
Size and I,:�cation c�F 1 ?rop rtyj(inc:i T aterbouy, nt tw a y name numoer, town, Clti.l
Au (2nf
Li L u G ou Q
grv�Q��: i'tcttl, �r ears S
D.1--�;cripticzci of llnailt'i.crL-t�dA,-- tis?it„Permit Noncompl'ance A' r►
1 c -
r __ _.
Indicate vl-iivh of the frillo %ing ap ply:
1J a.3uthorizec Activity River & Harbor Act, Section 10 (33 USC 40' ))
lf _ :tcotrtp?i�.n �e with Permit Clean 'Water Act, Section 301 (33 USC 1311)
Unless yo.- have. a Dc partment Df .:he Army permit for the above- described activity, it is a violation of federal law
as specif ied above. You have ag='. to do n r thew w i h c tment
Any further unaut orize work in waters or wetlands will a consi aced an intentional
Violation c)i' federal law.
If you d o a ��i�rt �;��; i wti. I_el§ -nj we&land nd,yrfofr:� the remedia action rea ested below, the Carps of
Engin,ee r., ,wil take_ n;, further act on in this mater. it you co'n"i'in o work in waters and wetlands without the
requires. a:uthociza�:i�.r.7, ana�or" flu a per orm the requested remedial action, the Corps will take further
adminisl r; give action, :and may request the U.S. Attorney to file suit against you. If you need further information
about th e 1' . "crps of .E igineers regulatory program, please contact
ij.41_11 aeafL_
Rcmedi jl .��.ction 1?.�:r.;ursted _��- +YP�L On i � e
Yl�}lI% A w h r � P. % � ab 'A
Your sign a :urc acknc wiled es receipt of this
Propert-1 !%roer,P'a:sponsible Parmy
Project .V...nagerr Sig t3Lure F
WE• TLA i` ) DELli + &CCION F DII.M MUST BE ATTACHED TO THEYI✓LLOW (FILE) COPY OF THIS FORNI.
CESAW+ Fom. 061
1 OCr 9z

CES.114- CO- RW/WaIke:: October 8, 1996
MENIQ:;'WMUM FOR RECO:.D
S[T>: ":-,CTY = 996041590: Onsite inspection, and conversation with
Gerz:Ld Amdim-son concerning completion of requested remedial action
to ::eaolve unauthorized mechanized land clearing of section 404
wet.l ands off SR 1':.43 adjacent Brice's Creek, -New Bern, North
Carc-lina.
On 8 0i.4tober, 1996, Mr. Mike Bell and I met on site with Mr.
Gerald Anderson, the property owner, and Mr. Robbie Andrews, to
inEpect re:storatien work undertaken in order to resolve violation
is.luyd cn June 7.7, 1996 for �tnechanized land clearing of-{
approxinately 1s00 .3q. ft. of 404 wetlands.
Mr. Anderson was very disturbed, and stated he felt he was
be1r..7 unj::.stly harassed over this, property., >Ie stated th at 'he
wols berItactin3, Mr Martin, Lancaster to diseuss. this issue y.and`
le FxYe.
irta sae purse ng .:l.:.tIg- ation. Mr. Anderson went on to make several
conmients UK= PhOlie calls he thought we had received from an
ad c, _ning property owner, and expressed concerns that we were
harzLssiiag him duet to these cads. He stated that he and the
adj c :.ning 1?r0perty cwner have had continuing personal problems and
t:hs.t. the phone call:; were a continuation of these problems.
I explained to Mr. Anderson that we had received information
that the restoracion was not complete, and the purpose of our visit
was : :o make sure t:h,a work was completed.
We firs- inspected area near road where a ditch leading to
the road culver_ had been blocked. The ditch was Lilled with
flov•:.ng water and water seemed to be flowing freely through the
culvert.. ;rt . N r . And-arson stated that the material had been removed
from the ditch.
We th•wn inspected the area of 404 wetlands behind the
residence of Ms. Jucly Edwards. I` Rest* orat 3on''ia "this area had begun,
but was �n� comp, ete4, i Airj of the material had been removed, and
there vas water sta.nding in restored area. J', :requested t that Mr.
P.nc:�san _Iancve the remaining material and return_ area to original
1

cozit mr. An,dex-son agreed to do so as soon as it was possible
to Slet equipment into area.
Mr. ;knderson. stated that he felt that his land had been
"taken" frcirL him by the regulations. I informed Mr. Anderson that
our intent -tras not and has never been to tell him that he could not
carry out his project- on his property however, ue t 6, .., the add acency
Nuy �s 3
ofd i hie ;area f he Faction would require 'an Indivi&&l Department o�
"""
Fr1 art �. :� 'Mx . Ariders4n went on 'to explain" `hew he felt that
constructing a lake in this area would enhance the area. Z
ext;_.:ainad. •-,o him ghat this could be addressed in the permit
K
Tom Walker
Washington Field Office

Us5,' 1-1.4 - Co - RV/ Walke r June 16, 1996
MEM(IRANDUNI FOR RECCRD
SUBJECT: 19960465.0: Onsite inspection, and conversation with
Ge::*uld AncIarson concerning reported violation and proposed
excavation of section 404 wetlands off SR 1143 adjacent Brices
cree:<, .\Te?At S4rrx, North Carolina.
On 16 Tune 15195, Messrs Raleigh Bland, Bill Biddlecome and I
met: an site with Mr. Gerald Anderson, the property owner, Mr. Josh
Anc[e�j_-sori t1a,=_ property owners son, Messrs. Don Bumbgarden and. Chris
Robo.rtson -,he C'raven County Planners Office, and Mr. Kevin
Avo:As of Avoll's 'Engineering.
N'3M! 0
didr 4: e, �i I app 6kithiteVy, 13
C n, r
n
� -:11944-", Mr. Anderson stated that he had done the work under
the asstmpti= that the area was an isolated wetlands
theref- -ire, the work could be car—Lied out without notification
to the Corps since the impact: was less than I acre. Mr. Bland
inffo-_•rt-•ed Mr. Anderson that the area was cutoff from Brices
Creek. by SIR 2,143 and according to 33 CFR Part 330, section
330.2e (s) of the:- Federal Register, " Adjacent wetlands include
those thar_- arol, separated from the river, stream, or other
waterbody by man-made or natural barriers such as dikes,L,
roads, etc. Therefore, nsidered •
add aGEnt, an3 any F-4
mechanized„ A 6 a
'
-a
­issued ,;�,, a L,,L,, i; J., f
A"
and agreed that
1 0 all impacted wetlands
would be restored to original contours.
2. Messrs. 131and, Biddlecome, and I then inspected a
delineation of the property accomplished by Avolis engineering
and a4
q:-eed that: it accurately depicted the limits of wetlands
cnsite.
v W"
:�,:Adrt-he in o3;7n wa
ired
1

0 r-
3.
Messrs Bland, Biddlecome, Bumbgarden, Robertson, and
myse:L'° then wtt with Ms. Judy Edwards, an adjacent property
owner:, over concerns that activity on the above mention site
may n: gativel , affect her property r 3 s
2
Tom Walker
Washington Field Office

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State of North Carolina ON .� 8
Department of Environment,
- Health and Natural Resources Ar41
Division of Water Quality
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary C F1
A. Preston Howard, Jr., P.E., Director C
June 13, 1997
CERTIFIED MAIL - RETURN RECIPT REQUESTED
Mr. Gerald Anderson
1306 Highway 17 North
Bridgeton, NC 28519
Dear Mr. Anderson:
RE: 401 Water Quality Certification
Proposed road and lake
Hunter's Ridge subdivision
Craven County
DWQ # 970259, COE # 199705505
Thank you for describing your planned development to excavate about 2.1 acres of
wetlands on your property off of SR1413 near Brice's Creek. I thought it would be useful to
prepare a letter describing how our wetland rules could affect your proposed activity.
As we discussed according to our rules (15A NCAC 2H .0506(c)), you could fill 1.0 acres
of wetlands on this site without requiring m ;n;rf,;�ation review or mitigation from DWQ since the
wetlands are more than 50 feet from a stream or other surface waterbody. Indeed as you stated,
creation of a pond would have eater quality benefits at least as compared to another type of
development.
As we discussed, whether our rules would be triggered by impact beyond one acre is not
clear. Recently (but not in response to this project), we asked the Attorney General's office for
an interpretation of our rules in this regard. The letter states that our tentative opinion is that our
rules would apply since 1) wetland fill requiring a 401 Certification occurred elsewhere on the
property (the road crossing we approved on 27 March 1997), and 2) our rules require us to
consider cumulative impacts to wetlands (15A NCAC 2H .0506(c)(4)). Until the Attorney
General's offcie provides an official opinion, I suggest that you limit your total impact on this site
to no more than one acre of wetlands. If the Attorney General's Office advises us that the
completion of this activity is not subject to our rules, I will notify you immediately. However you
should be aware that 1) if you disturb more than one acre of wetlands on the site and 2) if the
()ivislon 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% recycled1100/9 post consumer paper

4,
Attorney General's Office decides that the activity is not exempt from our rules, you would be
required to provide 4.4 acres of riparian wetland restoration for the entire 2.2 acre of wetland fill
since the site is beyond 150 feet of a "blue line stream" on the USGS topographic map but within
1000 feet of that same line ( Brice's Creek).
From the viewpoint of water quality, I would suggest the following. As you are aware,
Brice's Creek is classified as Nutrient Sensitive Waters (as is the entire Neuse River basin). Also
the Neuse River has excessive levels of nurtients (phosphorus and nitrgen) which are associated
with algal blooms and fish kills. Wetlands serve an essential nutrient removal function especially
for soluble pollutants primarily due to the action of bacteria and soil. Lakes similar to those you
propose to build also serve to remove nutrients but primarily those attached to particles of soil
through a settling process. Lakes perform poorly in the removal of dissolved nutrients as
compared to wetlands.
Unfortunately, dissolved nutrients are likely to be the most common form of nutrients
leaving the Hunter's Ridge subdivision, flowing through your lakes and then entering Brice's
Creek. These dissolved pollutants will likely be coming from lawn fertilizers, dry atmospheric
fallout washed from roofs and streets into the storm drains and excrement from ducks attracted to
the lakes. Therefore we believe that an increase in nutrients is likely from the hunter's Ridge
subdivision to Brice's Creek and the Neuse River despite your planned efforts to manage
stormwater by directing it into a series of ponds.
, We believe that the best design would 1) provide a lake as planned for the use of the
residents of Hunter's Ridge, ) would effectively manage nutrient input to Brice's Creek, and 3)
would not require wetland mitigation is shown on the accompanying sketch. A pond dug in one
acre of wetlands could be easily located adjacent to and downslope of the private entrance road.
The remaining wetlands on the site with the remnant cypress trees could be left intact to receive
drainage from the ponds and thereby removing soluble nutrients. The cleared portion of the
wetland could be planted to beautify the area in conjunction with your proposed hildng trail. This
design would not require wetland mitigation under our Water Quality Certification rules since
total wetland impact would be less than one acre.
Please call me at 919 -733 -1786 to discuss these issues. Also as we discussed in the field,
you will need to notify DWQ in writing about the changed development plans for this project even
if a 404 Permit is not required for your proposed pond. As stated in the Certification issued to
you on 27 March 1997 (depending on your submittal), you may be required to reapply. Finally
our Certification required a deed restriction or conservation easement on the remaining wetlands
(namely those you plan to excavate for the pond). Please address how this requirement will be

U
met. Until these provisions are adequately handled, your project is not in compliance with the
401 Water Quality Certification we issued on 27 March 1997. I would appreciate a response
within 7 days since you are planning to create the pond soon. If it is more convenient, my fax
number is 919- 733 -9959.
Since y yours,
Jo Dorney
Water Quality ertification Program
cc: Deborah Sawyer, DWQ Washington Regional Office
Wilmington District Corps of Engineers
Dave Lekson, Washington Field Office Corps -of Engineers
Dan Oakely, NC Attorney General's Office
Todd Miller, NC Coastal Federation
Central Files
Gary Mitchell, Gary Mitchell and Associates
Kevin Avolis, Avolis Engineering
970259.wrn

US S. ARMY CORPS OF ENGINEERS tg
+ 04-6"fu WILMINGTON DISTRICT,,,.:,, -69%2,voo
Actiova Ill. elf, >County
,C
G'E"WER.A.1, PERIVII'*r (REGIONAL AND 'VERIFICATION
Prope"t" owner
LLe-
Addres,c
Ale-
Telepho.w-No-­
Size and Locadon oi'prcject (v at. -.r body, road name/number, town, etc. )-
J C�
4:6 �
A
Descript
� � 41
ec-k.
Applica b I,!: Law: . —Section 404 (Cl ia' :f Water Act" 33 U.S.C. 1344).`..;
(check al* that apply) --Section 10 (River and Haft I
r Act of 1899)
(7f YT4
Authori Ytt`,on: ­.—Ji'legional General Penn#'umber.
1q, 'lationwidie Permit Number.
/ e
Your worl: s authorizcd by this Ftqional General (ROP) or Nationwide Permit (NWP) provided it is accomplished
in strict accordance with the att;.c :ed conditions and your submitted plans. If your activity is subject to Section
404 (if 14!c --don 404 block above is checked), befoir, beginning work you must also receive a Section 401 water
quality ce:-tification frim the N.C.Division of Edvfronntental Mainagement, telephone [phone]. For any
activity m Ehin the twority coastal counties, befqie beginning work you must contact the N.C. Division of Coastal
Managetritnat, teleph.)I.le (919) 723-:1293.
Please read and careft0y comply w:A the attached conditioni . of the RGP or NWR Any violation of the conditions
of the ROV.)r the NNVP reference..A above may subject the permittee to a stop work, order, a restoration order, and/or
appropritito legal action..
This Dep ii tment of the Army RGP or NWP"verification does not relieve the permittee of the responsibility to obtain
any other rt(luirod Fed!,-m], State, or local A provals/pe �its. The permittee may need to contact appropriate State
p rTn
and local a zencles befc-re beginning work'.
If there ate z:ny questions regarding ;.his authorization 6r' any of the conditions of the General Permit or Nationwide
Permit, PIC-Ise contact the Corps Re,:;ulafory Official specified below.
Date __-! - 3 .7
-.4J - o —L
Corps Regi: latory Offic ill
Telephone No.
Expiration Hate of Vexiiication
Z—
SURVEY PIATS. F11-LD SKETCH. NVETLA ND DELINEATION F
ORMS, PROJECT A.ANS, ETC., MUST
BE ATTAC HIED CO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE,
CESAW Form 59:
n6vi3ed July 1991;

/VSre�' -
lr,;. ARMY CORPS OF ENGINEERS 3 1 ! 1017
Wilmington District
Action Ili�s;:f �"� , alt:% County: �rQVI✓Y1
Respons: b'.
Address _
Notification o'F Unauthorized Activity/Permit Noncompliance
Telephone ;Ntumbcr_— 6 3, — 11-110 9
Size an
21+
D�
Indicate v +,iich of the. follo %ing ap ply:
t-J.i authonzE;t:Activity
River & Harbor Act, Section 10 (33 USC 403)
K :accaip1.Zi;2.n ze with Pe: mit Clean Water Act, Section 301 (33 USC 13111)
Unless yo , have. a De partment .f ,:he Army permit for the above- described activity, it is a violation of federal law
as specific above. 'You have `s &=-. to do n f the w • � w t h c tment
o r., v n Any further uncut orize work in waters or wetlands will be considered an intennona
violation of federal law.
If you do ; hurt lu ; ozk.itLy_agil yx wetlands. and perform i the reme&1 action rca caste below,
the Carps of
Enginee m ,wil take. g;. further act ion to this mau= If you con -inue to work in waters and wetlands without the
requirec. a:uthodza:kn, an57cT' 1t-tr fo p'" a %rm the requested remedial action, the Corps will take further
adminisi r: itive action, and may request the U.S. Attorney to file suit against you. If you need further information
about the " ".crps of E::igii�neers r::gulatory program, please contact
at
Remedial .-'action P.-t-quested —J 'Va Oh i 6 , f-04M U 15 0 V tj
Your sign s:ure acktic- Medges receipt of this tiFcation.
P,r�opert•i wner,P'a:sponsible Pa gn ure
Project V...nager .st t3ture
Date
WETLA 1% J) DELI► v E /kXIDN Fi- FLINT MUST BE ATTACHED TO THE1'ELLOW (FILE) COPY OF THIS FORM.
CESAW Foes. A-1
1 oCT 92

s
CES;14- CO - RW/Walker
MEh(C1:,*LU UUM FOR RECORD
October 8, 1996
SUEZ "::C'T= 1:99604690: Onsite inspection, and conversation with
GerzId P..nde rson co:nc:erning completion of requested remedial action
to ::_solve unauthorized mechanized land clearing of section 404
wet.l ands off SR 1:.43 adjacent Brice's Creek, -New Bern, North
Carc-lina .
On 8 J, .,tober, 1996, Mr. Mike Bell and I met on site with Mr.
GeT'ZL ld Anderson, the property owner, and Mr. Robbie Andrews, to
inr :pect restoration work undertaken in order to resolve violation
is.,u:�d cn. June 7.7, 1996 for F'tnechanized land clearing of ,,r
approxinatel.y iSOU .3q. ft. of 404 wetlands.
Mr. Anderson was very disturbed, and stated he felt he was
beer uniysrl,y harassed over this property. �Hestated: t _Ltz he
wolc� ;Iae ° "�itaCti� Mr , ,Margin' L �caster.rto discuss ;this... issue =and
R
pursu;ng, l,.,t i 454U Mtn Mr. Anderson went on to make several
conmLents about phone calls he thought we had received from an
ad :, _ning property owner, and expressed concerns that we were
hai.*assiiag him due to these calls. He stated that he and the
adj c :.ning t>>roperty owner have had continuing personal problems and
thzi.t. the phone cal.l.s were a continuation of these problems.
I explained to Mr. Anderson that we had received information
that the re.storacion was not complete, and the purpose of our visit
wa:; ::o make sure t:h,a work was completed.
We first inspected area near road where a ditch leading to
the road cu =very had been blocked. The ditch was filled with
flor_: ng water and rater seemed to be flowing freely through the
cult-art .. P". And-arson stated that the material had been removed
from the ditch.
We then inspected the area of 404 wetlands behind the
M5 Judy Edwards. `Restoration in 't ills area had be .
residence � _gunk
but was tee' 'rcompiet� dr of the material had been removed, and
the rka was eater standing in restored area. Y�t requested that Mr. ";11
P. ncr;,son reneve the remaining material and return_ area to original
1

eoxit::)urs. Mr. Ander.•son agreed to do so as soon as it was possible
to get equipment into area.
Mr. Anderson. stated that he felt that his land had been
"taken" frcm him by the regulations. I informed Mr. Anderson that
our intent ,ras not Pnd has never been to tell him that he could not
cap i r out h.i s prod ec; t on his property however, due tro ''the add agency
he he. ,.ac, t.3.,on; would, require ari Yrid�.v�,dual Department of
o E
.._; _ Mr . Anderson went on to explain how he felt that
cons tructir:.g a i ak, a in this area would enhance the area. I
e:;qs:.,ained. ---o him - :hat this could be addressed in the permit
prc;cz��ss .
Tom Walker
Washington Field Office
2

El
CE:3.1:4- CO - RV/ Walker
MEN (IRANDUNI OR RE CC; RD
June 16, 1996
SUBJECT: 19960465;0: Onsite inspection, and conversation with
Ge: :ald AncIarson concerning reported violation and proposed
excavation of section 404 wetlands off SR 1143 adjacent Brices
Creee ', New Bern, North Carolina.
On 16 Tune 1995, Messrs Raleigh Bland, Bill Biddlecome and I
met: ,)n site with F*r. Gerald Anderson, the property owner, Mr. Josh
Andtti-scn the prope.rt:y owners son, Messrs. Don Bumbgarden and. Chris
Robn.r7tson •:) f :he Craven County Planners Office, and Mr. Kevin
Avo.'.As of Aeolis ;"Engineering.
wetlands Mr. Anderson stated that he had done the work under
the assiimption that the area was an isolated wetlands
theref_ ►re, the work could be carried out without notification
to the Corps since the impact was less than 1 acre. Mr. Bland
in= o��t,e:d Mr. i►nderson that the area was cutoff from Brices
Creek. by SR 1.143 and according to 33 CFR Part 330, section
330.2 (s) of thc! FedQral Register, " Adjacent wetlands include
those : ;haT a.r►:% separated from the river, stream, or other
wat:erbody by Oman -made or natural barriers such as dikes,
roads, etc.". Therefore, nd would be, considered
adjacent, an3 any mechanized and clearing would require a
r L n
ape >i:mit 1T i�irr A :iderson .eras issued a Notsf cation of
C';�auGhr�.zerl A�tivi ty;i and agreed that all impacted wetlands
would be reSt:o:red to original contours.
2. M =ssrs. Bland, Biddlecome, and I then inspected a
delineation of the property accomplished by Avolis engineering
and a43::_eed that: it accurately depicted the limits of wetlands
cuss i t e . ivir� Ande~rs.on inqui ed as t:o Jwhat would be . neces_sgary
t-.nll,, ", I mr, &nt an- 'OX 3 aces of �' > "eatl�a ds o 1 teh „_ site 3 d was
Ar[y``"P mt. cacal'- be q iredi Mr': Bland Further, informed
1

9
M ° , dersor. ..h1ti ' such a ,permit may be diif icult to obtain
to rhi� at that there wire praets cable h "ig -
41 P'l
ate.,
3. I•iessrs Bland, Biddlecome, Bumbgarden, Robertson, and
myse:L:: then nwi t with Ms. Judy Edwards, an adjacent property
owner- over concerns that activity on the above mention site
may �.agatively affect her property. n n
dWarcts ..:CYiat anv -, imna t s -.: to ' the wde6 g I ec�
t:hi? Public
2
Tom Walker
Washington Field Office

• .OER7 I also .wish to receive the
• Complete, items 'NIIMor 2 "tor additional services.
Complete items 3, dhd, U & b.
following services (for an extra
• Print your name andieddress on the reverse of this form so that we can
fee).
return this card to.you;.
> , • Attach this form to The front of the mailpiece, or on the back if space
i
1: El Addressee's Address y
L
• ,Wfite , Return Receipt Regaested' on the 'rnailpiece below the article number
2 ❑ Res'.tricted Delivery J
+� • :The Return . Receipt will show to whom the article was delivered and the date
c deiivered
Consult' postmaster for fee..
° 3 Article Addressed -to:
'o.
4a. Article
Number
i
f J% - }� `.`I'U
4b. Service Type E
❑ Registered ❑'Insured i
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' Return Receipt for
❑ Express Mall ❑` P
Merchandise
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7. Date f.D.�ehvery,
lr
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^° worm :3811, December 1991 * u.S.G.P.o:: 1992 -307 -530 DOMESTIC RETURN. RECEIPT

UNITED STATES POSTAL SERVICE
Official. Business PENALTYFOR PRIVATE
USE TO.AVOID PAYMENT
OF POSTAGE, $300
RECEIVED
JUN 1 9 1991
E Print your name, address and ZIP Code here
(.IVIRONMENTAL SCIENCE �
r
&Y-\v��,nr Se�ey

c
June 19, 1997
Gerald L. Anderson
P. O. Box 568
Bridgeton, N. C. 28519
North Carolina Department of Environment
Health and Natural Resources
DWQ /Environmental Sciences Branch
4401 Reedy Creek Road \`�1
Raleigh, N. C. 27607
Attn: Mr. John Dorney
Water Quality Certification Program
Dear Mr. Dorney:
RE: 401 Water Quality Certification
Proposed road and lake
Hunters Ridge subdivision
Craven County
DWQ #970259, COE #199705505
On receipt of your certified letter dated June 13, 1997, I noticed
a communication pertaining to the Hunters Ridge subdivision was received
by you from Mr. Todd Miller of the N. C. Coastal Federation.
Please accept this.letter as an official request from me for a copy
of Mr. Todd Miller's letter to you with mention of the Hunters Ridge
subdivision. You may forward the copy of this letter to my address at
the top of this page at your first opportunity. Thank -you for your
prompt response to my request.
Sir�jrely ypurs,
ald L. Anderson
off°'

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Eric Galamb
From: Deborah Sawyer <TS19Y30@waro .ehnr.state.nc.us>
To: nlew507 @dem.ehnr.state.nc.us
Cc: eric @dem.ehnr.state.nc.us
Subject: Hunter's Ridge /Jerald Anderson
Date: Tuesday, June 03, 1997 8:49 PM
John,
Don Bumgardner, Craven Co. Planner, called this office on June 3 and
June 4 (1 was in Raleigh on 6/3) to discuss the Hunter's Ridge
project. He was requesting information on the WQ 401 Cert. for the
project. I found the project in the files as "401 Issued" which meant
that it was triaged. The project was for a road crossing with .09 ac.
of wetland impacts. You put a condition requiring "deed restrictions"
against further fill in the wetlands. According to Mr. Bumgardner,
Mr. Anderson has hired a contractor out of Wilmington who has special
equipment which can excavate wetlands without fill (avoiding the
Tulloch Rule). Mr. Bumgardner says that Mr. Anderson plans to dig up
all of the wetland slough and connect it with the adjacent mining pit
to make a big pond/lake. The pond/lake will have an overflow pipe
which will drain into Brice's Creek. Last year (1996) this office had
numerous telephone complaints from citizens as well as Rick Dove of
the Neuse River Foundation complaining about severe turbidity in
Brice's Creek. It was suspected that it was coming from the mining
operation on this site. Staff members from this office as well as
staff from the Land Quality office responded to the numerous
complaints. LQ sited violations on the site for sedimentation
violations into the Trent River but never could determine where all
the turbidity was coming from in Brice's Creek. Weyerhaeuser was
developing a residential site which drained into Brice's Creek also.
DWQ staff comfirmed severe violation of the turbidity std. but could
not determine a comfirmed violator only suspected ones.
I have discussed this with Floyd Williams and Pat McClain of the LQ
section. Both have said that Mr. Anderson will need to request a
modification for this proposed excavation of the wetland area and the
connection of the mining pit prior to the activity. Wheter it is a
modification of the mining permit or the sedimentationa and erosion
control it will need a modifiction and review. I can probably
make comments for water quality concerns through them. According to
LQ, one of the complaintants has written the DEHNR Secretary to relay
her concerns for the environment (wetlands and streams).
Please check into whether the excavation activity will violate
the condition on the 401 Cert. It probably would have been better if
the condition had included the wording "or significantly impact the
wetland area" for this project (or possibly future projects). This
project has plans to subdivide the site into over 250 residential
sites. .
Keep WaRO updated on this project and all related concerns. This is a
sensitive area with a long history. It may be helpful to the program
in the future to send a draft 401 Cert. which contains conditions of
any triaged projects to the region for review and input. Some of
these areas have a history with us that we can make you aware of.
Page 1

Thanks and keep us up to date or tell us how we can help with this
project.
Deborah Sawyer
Page 2

3609 HWY 24 (OCF,AN) • NEWPORT, NORTH CAROLINA, 28570 ••(919) 393 -8185 • PAx:(919) 393 -7508
COASTAL
FEDERATION v
June 2, 1997
Mr: Tc hn Dorney
. Division of Water Quality .
);nvirownental sciences $ranch
4401 Reedy Creek Road
Raleigh, NC 27607
1E: Gerald Anderson 401 Water Quality Certification
. Rear �chn:
As we discussed on the phone Friday, X have been asked by concerned citizens to look at
some wetland development activities being ' ducted b' C7e�rald Anderson in Craven County.
On March 27, 1997, Pteston Howard issued a 401 Water Quality. Certification that allowed
Andersen to obtain a. Nationwide Permit Number 141 construct. a road crossing at Hukifs
Ridge subdivision near Brices Creek, On April 30, 1997, the CJ.S. Army, Corp4 of Ho ineers
issued Nationwide Permit Number 18 (Action ld. 199705505) for the pmjcct. A 401
Certifidation for a Nationwide Permit Number lit was never obt .ined prior to issuance 'of this
permit.
Today, records at the Craven County Courthouse were checked to. see if the deed .
restriction. or conservation casement required by your Certif e4tion was on record. Local
officials were unable to locate these property restrictions after an extensive. search. They. were
aware that the property is currently owned by. Marjorie E. WilIiains of Craven 'County,
We request that you obtain the deed restriction. or cobs t.ion easement required by your
Certification and provide us witli a copy., If n6 restrictions were developed, please'let us know
what actions you will take to enforce the conditions of your Certification.
In addition, county planning officials report to local residents that these wooded
(adjacent) wetlands will be excavated in the.hear futiire. Wetlai nd standards (15A NCAC
213.0231) state that habitat forth propagation of`residont. wetland - dependent wildlife ,species,
including mammals, birds, reptiles and aniphibians shall be'protcctcd and restored. These
�,,'l�maii 'nccA►C(»btAfnot.00m
z

fictions and values of this wetland system are likely p ' e destiroyed if they are dredged out and

;12.a.p;••: ''f,.
•- .r.�iu YMF+..... r_.__.. ......... ......v.....- :..r.._.......n:.. r:.i....... n.- .n•M1t'r.r. ri •.... r .•....'........•.....:......... .......... .._..Iw.�wil.YVi
NOW - ,ENV WONIV NTAL MANAGEMENT TIMA: 026 ;0200
(B)
To maintain its exemption from Paragraph (b) of this Rule, a facility must oontisuto to meet the,
requirements of Subparagraph (d)(1) pans (A) through (D) of this Rule.
-Por municipal facilities:
s ' (A)
The facility has reduced its annual average TN loading by 30 percent from its annual average 1991
;.:r.. _ ...
TN loading;
(B)
The faculty has reduced. its annual average TF loading by 30 porccnt from its mmual average 1991
TP loadirkm
(C)
The expansion does not result in annual average TN loading greater than 70 percent of the 1991
annual average TN load. permit limits tray be established to insure that the 70 percent load is slot
exceeded;
(D)
The expansion does not result in annual average TP loading greater than 70 percent of the 1991
annual average TP load, Pcrmit limits may be established to insure that the 70 percent load is not
exceeded;
" (E)
To maintain its exemption from Paragraph (b) of this Rule, a facility must continue to meet the
requirements of Subparagraph (4)(2) Parts (A) through (D) of this Rule.
ffinory Nate.
Aurhortry G.S. J43- 214.1;
April]. 1 Q97.
.0230 RESERVED FOR rUTURE CODIFICATION
.0231 WiETLAND STANDARDS
(it) Ckuvral. The water quality standards for all wetiands arc designed to protect, preserve. restore And enhance
the quality and uses of wetlands and other waters of due state influenced by wetlands. The following are wetland uses:
(1) Storm and flood water storage and retention and the moderation of extreme water level fluctuations;
(2) Hydrologic functions including groundwater discharge that contributes to maintain dry weather stmmflow
and, at other locations or times, groundwater recharge that replenishes rite groundwater system;
(3) Filwation or storage of sediments, nutrients, toxic substances, or other pollutants that would otherwise
adversely irapsot the quality of other waters of the state'
(4) Shoreline protection against erosion through the dissipation of wave energy and water velocity and
stabilization of sediments;
(5) Habitat for the propagation of resident wetland -dt Indent aquatic organisms including, but not limited to
fish, crustaceans, mollusks, insects, annelids, planktonic organisms and the plants and animals upon which
these aquatic organisms feed and depend upon for their needs in all lire stages; and
(6) Habitat for the propagation of resident wetland dependent wildfire species, including mammals, birds.
reptiles and amphibians for breeding, nesting, cover, travel corridors and food.
(b) The following standards shall be used to assure the maintenance or enhancement of the existing uses of wetlands
Identified in Paragraph (a) of this Rule:
(1) Liquids, fill or other soli& or dissolved gases may not be prosont in amounts which may cause Adverse
impacts on existing wetland uses;
(2) Floating or submerged debris, oil, deleterious substances, or other material may not be present in amounts
which may cause adverse impacts on existing wetland uses;
(3) Materials producing color, odor, taste or unsightliness may not be present in amounts which may cause
adverse impacts on existing wetland uses;
(4) Concentrations or combinations of substances which are toxic or harmful to human, animal or plant life may
not be present in amounts which individually or cumulatively may cause adverse impacts on existing wetland
uses:
(5) Hydrological conditions necessary to support the biological and physical characteristics naturally present
in wetlands shall be protected to prevent adverse impacts on:
(A) Water currents, erosion or sedimentation patterns;
(B) Natutat water temperature variations:
(C) The chemical, nutrient and dissolved oxygen regime of the wetland;
(D) The movement of aquatic fauna;
(E) The pfd of the wetland; and
(F) water levels or elevations.
(6) The populations of wedand flora and fauna shall be maintained to protect biological integrity as defined at
iSA NCAC 211.0202.
xrnrrTrr ra IrouNA ADMINISTRATIVE CODE. 05/01/97 Page Sts

Z7}
.mm
AVOLIS ENGINEERING, P.A.
P.O. Box 15564 • New Bern, North Carolina 28561 • (919) 633 -0068
DECEIVED 9 � p `Z 5 401 ISSUED
March 17, 1997
MAR 2 4 1991
Mr. John Dorney
Division of Environmental Management ENVIRONMENTAL SCIENCES
NC Department of Environment,
Health and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
RE: Hunter's Ridge Subdivision, Township No. 7 in Craven County
Dear John:
Enclosed please find a Pre - Construction Notification Application
associated with the Nationwide Permit #14 for Hunter's Ridge
Subdivision, Township No. 7 in Craven County.
It is requested that the permit application be reviewed and
approved at your earliest convenience.
Sinc y,
vin Avolis, P.E.
Vice President