19971020 Ver 1_COMPLETE FILE_19971121

. . i
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 23, 1998
Cumberland County
DWQ Project # 971020
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS, WRP
Mr. Don Broadwell
Broadwell Land Co.
PO Box 53587
Fayetteville, NC 28305
Dear Mr. Broadwell:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
material in an additional 0.9 acres of wetlands or waters for the purpose of constructing lots in Buckhead
subdivision in Cumberland County, as you described in your application dated December 2, 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 the Corps of Engineers
issues it. 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.
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 for a new certification. If the property is sold, the new owner must be given a copy of this Certification
and approval letter and is hereby responsible for complying with all conditions. 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 and any additional conditions listed below.
1. Deed notifications or similar mechanisms shall be placed in all lots with remaining jurisdictional
wetlands and waters to restrict future wetland and/or water impact. These mechanisms shall be put
in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is
later).
2. A conservation easement shall be placed on at least 4.5 acres of jurisdictional wetlands. Written
approval from DWQ is required for the easement. Language for the easement shall be submitted to
DWQ by May 23, 1998 for DWQ's written approval.
3. Fill shall be removed from lots 208 and 212.
4. Stormwater shall be directed to sheet flow at non-erosive velocities across remaining wetland
areas before entering streams.
We understand that you have chosen to contribute to the Wetland Restoration Program in order to
compensate for these impacts to wetlands and/or streams. In accordance with 15A NCAC 2R.0500, this
contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H.0506(h). According to
15A NCAC 2H .0506(h), 155 feet of restoration will be required. Until the Wetland Restoration Program receives
and clears your check (made payable to: DEHNR - Wetland Restoration Program), wetland or stream fill shall not
occur. Mr. Ron Ferrell should be contacted at 919-733-5083 ext. 358 if you have any questions concerning the
Wetland Restoration Program You have one month from the date of this Certification to make this payment. For
accounting purposes, this Certification authorizes the fill of 0.9 acres of riparian wetlands in 030615 river
and subbasin and 1.0 acres of riparian restoration are required. Please be aware that the wetland
Restoration Program (WRP) rules require rounding of acreage amounts to one-quarter acre increments
(15A 2R.0503(b)).
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
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.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Fayetteville DWQ Regional Office
Mr. John Domey
Central Files
Ron Ferrell, Wetland Restoration Program
Bud Needham, Needham and Jernigan
incere ,
rest n Howard, Jr. P.E.
u
971020.1tr
State of North Carolina
Department of Environment
and Natural Resources 0 o
Division of Water Quality
Y
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
March 2, 1998
DWQ# 971020
Cumberland County
CERTIFIED NfATL
RETURN RECEIPT REOUESTF,D
Mr. Don Broadwell
Broadwell Land Co.
P.O. Box 53587
Fayetteville, N.C. 28305
SUBJECT: NOTICE OF VIOLATION
Buckhead Subdivision
Dear Mr. Broadwell:
On February 6, 1998 Mr. Ken Averitte and from the N.C. Division of Water Quality's (NCDWQ) Fayetteville Regional
Office and Mr. Eric Fleck from NCDWQ's Central Office met you and your representatives at the above site. As a result of this
meeting, it was determined that you have placed fill material in wetlands without prior authorization from the U.S. Army Corps of
Engineers (USACOE) or NCDWQ. This material was located at the rear of lots 208-212. As you and your consultant noted, this
material will be removed immediately and restored back to original grade.
In addition to this unauthorized fill, there was the issue of wetland mitigation on this site as the result of the proposed,
additional 0.9 acres of impacts. As was discussed, a prior unauthorized impact of 0.5 acres had occurred in this subdivision and was
subsequently mitigated for at a 1:1 ratio (as required by USACOE). After a review of this matter, NCDWQ rules will require that you
carry out mitigation for these new impacts unless you can reduce your proposed, additional impacts to < 0.49 acres. Specifically, you
will be required to mitigate for a total of 2.3 acres. The 2.3 acres of mitigation was determined by multiplying 1.4 acres of impacts
(0S acres + 0.9 acres) by a 2:1 ratio (e.g. 1.4 X 2= 2.8 acres). The 2.8 acres was then reduced by subtracting the prior 0.5 acres of
mitigation to yield a total of 2.3 acres. The 2:1 ratio used resulted from the impacts being within 150' to 1000' of a blue line stream as
indicated on USGS topographic maps.
This mitigation can be accomplished by making a payment to the N.C. Wetland Restoration Program in the amount of
$55,200 (e.g., 2.3 acres X $24,000/acre for riparian wetlands = $55,200), or you can (pending NCDWQ approval) carry out 2.3 acres
of mitigation elsewhere in the lower Cape Fear River Basin near Fayetteville. If you plan to conduct your own mitigation, the
mitigation plan will be subject to NCDWQ approval. Further, you will be required to plant native wetland hardwood trees along the
back of lots 208-212 after these disturbed wetlands are restored back to original grade. These plantings must = 320 stems/acre of
survival after 5 years, with no species comprising > 20% in occurrence. Species to be planted should include the following: Willow
Oak, Swamp Chestnut Oak, Laurel Oak, Overaip Oak, or Water Oak.
Please respond to this Notice of Violation within 14 days upon your receipt. Your response should include what measures
you plan to implement to rectify this matter. Failure to address the above mentioned violation may result in an enforcement action
being pursued against you by one or more of the following agencies: USACOE, NCDWQ, and or USEPA. Additionally, these matters
must be addressed before a 401 Water Quality Certification can be issued for this project
If you should have any questions regarding this matter please feel free to call Mr. Eric Fleck or myself at [phone].
S' eLaf
John Olney
at Quality Certification Pro /aam
Cc: Ken Averittee, NCDWQ-Fayetteville Regional Office
Allen Davis, USACOE-Washington Feld Office
Cathy Matthews, USEPA
Robert Needham, Needham, Jernigan & Associates
Envirc=entcl Sciences Brenda • 4401 Reedy Creek Road Rdelgh. North Ccrerina 27607
Telephone [phone] FAX n 733-9959
An EGuci epporttiriity AtfrmctNe Action Emp4cyer 50% rec/sled/10% post consumer paper
State of North Carolina
Department of Environment
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 RF,CFIPT REOUMSTED
Mr. Don Broadwcll
Broadwcll Land Co.
P.O. Box 53587
Fayetteville, N.C. 28305
Dear Mr. Broadwcll:
Cumberland County
SUBJECT: NOTICE OF VIOLATION
Buckhead Subdivision
On February 6, 1998 Mr. Ken Averitte and from the N.C. Division of Water Quality's (NCDWQ) Fayetteville Regional
Office and Mr. Eric Fleck from NCDWQ's Central Office met you and your representatives at the above site. As a result of this
meeting, it was determined that you have placed fill material in wetlands without prior authorization from the U.S. Army Corps of
Engineers (USACOE) or NCDWQ. This material was located at the rear of lots 208-212. As you and your consultant noted, this
material will be removed immediately and restored back to original grade. Upon further discussion, this letter modifies the one we
sent to you on March 2, 1998.
In addition to this unauthorized fill, there was the issue of wetland mitigation on this site as the result of the proposed,
additional 0.9 acres of impacts. As was discussed, a prior unauthorized impact of 0.5 acres had occurred in this subdivision and was
subsequently mitigated for at a 1:1 ratio (as required by USACOE). After a review of this matter, NCDWQ rules will require that you
carry out mitigation for these new impacts unless you can reduce your proposed, additional impacts to < 0.49 acres. Specifically, you
will be required to mitigate for a total of 1.8 acres. The 1.8 acres of mitigation was determined by multiplying 0.9 acres of new
impacts by a 2:1 ratio (cg. 0.9 X 2= 1.8 acres). The 2:1 ratio used resulted from the impacts being within 150' to 1000' of a blue line
stream as indicated on USGS topographic maps. The 0.5 acres of mitigation that was completed on the site was done for the U.S.
Army Corps of Engineers and is therefore not relevant in NCDWQ's calculations.
This mitigation can be accomplished by making a payment to the N.C. Wetland Restoration Program in the amount of
$43,200 (e.g., 1.8 acres X $24,000/acre for riparian wetlands = $43,200), or you can (pending NCDWQ approval) carry out 1.8 acres
of mitigation elsewhere in the lower Cape Fear River Basin near Fayetteville. If you plan to conduct your own mitigation, the
mitigation plan will be subject to NCDWQ approval. Further, you will be required to plant native wetland hardwood trees along the
back of lots 208-212 after these disturbed wetlands are restored back to original grade. These plantings must = 320 stems/acre of
survival after 5 years, with no species comprising > 20`9o in occurrence. Species to be planted should include the following: Willow
Oak, Swamp Chestnut Oak, Laurel Oak, Overcup Oak, or Water Oak.
Please respond to this Notice of Violation within 14 days upon your receipt. Your response should include what measures
you plan to implement to rectify this matter. Failure to address the above mentioned violation may result in an enforcement action
being pursued against you by one or more of the following agencies: USACOE, NCDWQ, and or USEPA. Additionally, these matters
must be addressed before a 401 Water Quality Certification can be issued for this project.
If you should have any questions regarding this matter please feel free to call Mr. Eric Fleck or myself at [phone].
Sincerely,
John Domey
Water Quality Certification Program
Cc: Ken Avcriuce, NCDWQ-Fayetteville Regional Office
Allen Davis, USACOE-Washington Field Office
Cathy Matthews, USEPA
Robert Needham, Needham, Jernigan & Associates
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND MfE l??tl ?2ESOURC1- 5
DWQ71971020
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO July 21, 1993
Regulatory Branch
Action ID. 199303116 Nationwide Permit No. 26 (Headwaters and Isolated Waters)
Mr. Don Broadwell
Broadwell Land Company
Post Office Box 53587
Fayetteville, North Carolina 28305
Dear Mr. Broadwell:
Please reference your March 22, 1993 meeting with Messrs. Scott McLendon
and Mike Smith of my staff in the Wilmington District Office. Also present was
your consultant, Mr. Robert N. Needham. The purpose of this meeting was to (1),
discuss previous filling in the Windtree Subdivision and (2)., discuss your
proposed fill of 0.59 acres of jurisdictional wetlands located above the
headwaters of Buckhead Creek in the Buckhead subdivision, near the Rockfish and
Aberdeen RR, Cumberland County, North Carolina.
Based on information provided at this meeting, it was determined that
approximately 2.74 acres of fill located at the end of Kinkead Court in the
Windtree Subdivision was placed in 1979. In as much as fills located "above the
headwaters" were not regulated prior to 1982, this fill is considered
grandfathered and not subject to our regulatory authority.
With respect to the Buckhead Subdivision, you propose to relocate a
previously ditched stream channel and impact approximately 0.5 acres of
jurisdictional wetlands on Lot #'s 152, 153, and 154. In addition, you propose
to mitigate these adverse impacts on a 1:1 basis by removing historical fill in
wetlands on lot #'s 160, 161, and 162.
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal Register
on November 22, 1991, lists nationwide permits. Authorization was provided,
pursuant to Section 404 of the Clean Water Act, for discharges of dredged or
fill material into headwaters and isolated waters provided:
a. the discharge does not cause the loss of more than 1 acre of
waters of the United States; or
b. the permittee notifies the District Engineer if the discharge
would cause the loss of waters of the United States greater than one but less
than 10 acres in accordance with the "Notification" general condition. For
discharges in special aquatic sites, including wetlands, the notification must
also include a delineation of affected specific aquatic sites, including
wetlands; and
c. the discharge, including all attendant features, both temporary
and permanent, is part of a single and complete project.
Your work is authorized under paragraph a. above by this nationwide permit
provided it is accomplished in strict accordance with the enclosed conditions.
This nationwide permit does not relieve you of the responsibility to obtain any
required State or local approval.
This verification will be valid for two years from the date of this letter
unless the nationwide authorization is modified, reissued or revoked. Also,
this verification will remain valid for the two years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit

authorization. If during the two years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity would
no longer comply with the terms and conditions of the nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within twelve months of the date
of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend or revoke the authorization.
Questions or comments may be addressed to Scott McLendon, Wilmington Field
Office, Regulatory Branch, telephone [phone].
Sincerely,
e Wrig
Chie Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina
Mr. John Dorney
Water Quality Section
Division of Environmental
North Carolina Department
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina
Mr. Ken Averitte
of Division of Environmental
Management
North Carolina Department of
Environment, Health, and
27611-7687
Management
of
27611-7687
Natural Resources
225 Green Street, Suite 714, Wachovia
Building
Fayetteville, North Carolina 28301
Mr. Robert Needham
Route 1, Box 36-10
Winnabow, North Carolina 28479

GENERAL CONDITIONS
1. Navigation. No activity may cause more than a minimal adverse effect on
navigation.
2. Proper Maintenance. Any structure or fill authorized shall be properly
maintained, including maintenance to ensure public safety.
3. Erosion and Siltation Controls. Appropriate erosion and siltation
controls must be used and maintained in effective operating condition during
construction, and all exposed soil and other fills must be permanently
stabilized at the earliest practicable date.
4. Aquatic Life Movements. No activity may substantially disrupt the
movement of those species of aquatic life indigenous to the waterbody,.
including.those species which normally migrate through the area,-unless the
activity's primary purpose is•to impound water..
5. Equipment. Heavy equipment working in wetlands must be placed on mats or
other measures must be taken to.minimize soil disturbance.
6. Regional and Case-by-case Conditions. The activity mast comply with any
regional conditions which may have been added by the Division Engineer and any
case specific conditions added by the Corps.
7. Wild and Scenic Rivers. No activity may occur in a component of the
National Wild and Scenic River System; or in a river officially designated by
Congress'as a "study river" for possible -inclusion in the system, while-the
river is in an official study status. Information on Wild and Scenic Rivers
may be obtained from the National Park Service and the U.S. Forest Service.
8. Tribal Rights. No activity or its operation may impair reserved tribal,
rights, including, but not limited to, reserved water rights and treaty
fishing and hunting•rights. ,
9. Water Quality Certification. In certain states, an individual state
water quality certification must be obtained or waived.
10. Coastal Zone Management. In certain states, an individual state coastal
zone management consistency concurrence must be obtained or waived.
11. Endangered Species. No activity is authorized under any NWP which is
likely to jeopardize the continued existence of a threatened or endangered
species or a species proposed for such designation, as identified under the
Federal Endangered Species Act, or which is likely to destroy or adversely
modify the critical habitat of such species. Non-Federal permittees shall
ngtify the District Engineer if any listed species or critical habitat might
be affected or is in the vicinity of the project and shall not begin work on
the activity until notified by the District Engineer that the requirements of
CL7-GCWN
i
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the Endangered Species Act have been satisfied and that the activity is
authorized. Information on the location of threatened and endangered 'species
can be obtained from the U.S. Fish and Wildlife Service and National Marine
Fisheries Service.
12. Historic Properties. No activity which may affect Historic Properties
listed, or eligible for listing, in the National Register of Historic Places
is authorized, until the District'Engineer has complied with the provisions of
33 CFR 325, Appendix C. The prospective permittee must notify the District
Engineer if the authorized activity may affect any historic properties listed,
determined to be eligible, or which the prospective permittee has reason to
believe may be eligible for listing on the National Register of Historic
Places, and shall not begin the activity until notified by the District'.
Engineer that the requirements of the National Historic Preservation Act-have
been satisfied and that the activity is authorized.' Information on the
location and existence of historic resources can be obtained from the State
Historic Preservation Office and the National Register of Historic Places (see
33 CFR 330.4(8)). -
13.. Notification.
a. Where required.by the terms of the NWP, the prospective permittee must
notify the District Engineer as early, as possible and shall not begin the
activity:
(1) until notified by the District Engineer that the activity may
proceed under the NWP with any special conditions imposed by the District or
Division Engineer; or
(2) if notified by the District or Division Engineer that an
individual permit is required; or -
(3) Unless 30 days have passed from the District Engineer's receipt
of the notification and the prospective permittee has not received notice from
the District or Division Engineer. Subsequently, the permittee's right to
proceed under the NWP may be modified', suspended or revoked only in accordance
with the procedure set forth in 33 CFR 330.5(d)(2).
b. The notification must be in writing and include the following
information and any required fees:
(1) Name, address and telephone number of the prospective permittee;
(2) Location of the proposed project;
1 (3) Brief-description of the proposed project; the project's purpose;
direct and indirect adverse environmental effects the project would cause; any

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other NWP(s), regional general permit(s) or individual permit(s) used or
intended to be used to authorize any part of the proposed project or related
activity;
(4) Where required by the terms of the NWP, a delineation of affected
special aquatic sites, including wetlands; and
(5) A statement that the prospective permittee has contacted;
(a) The USFWS/NMFS 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; and any
available information provided by those agencies. (The prospective permittee
may contact Corps District Offices for USFWS/NMFS agency contacts and list of
critical habitat.)'
(b). The SHPO regarding the presence of any. historic properties in
the permit area that may be affected by the proposed project; and the
available information, if any provided by that agency.
14. Water Supply Intakes. No discharge of dredged or fill material may occur
in the proximity of a public water supply intake except where the discharge is
repair of the public water supply intake structures or adjacent bank
stabilization.
15. Shellfish Production. No discharge of dredged or fill material may occur
in areas of concentrated shellfish production, unless the discharge is
directly related to a•shellfish harvest activity authorized by nationwide
permit.
16. Suitable Material. No discharge of dredged or fill material may consist
of unsuitable material (e.g., trash, debris, car bodies, etc.) and material
discharged must be free from toxic pollutants in toxic amounts.
17. Mitigation. Discharges of dredged or fill material into•waters of the
United States must be minimized or avoided to the maximum extent practicable
at the project site (i.e., on-site), unless the District Engineer has approved
a compensation mitigation plan for the specific regulated activity.
18. Spawning Areas. Discharges in spawning areas during spawning seasons
must be avoided to the maximum extent practicable.
19. Obstructions of High Flows. To the maximum extent practicable,
discharges must not permanently restrict or impede the passage of normal or
expected high flows or cause the relocation of the water (unless the primary
purpose of the fill is to impound waters).

20. Adverse Impacts from Impoundments. If the discharge creates an
impoundment of water, adverse impacts on the aquatic system caused by the
accelerated passage of water and/or the restriction of its flow shall be
minimized to the maximum extent practicable.
21. Waterfowl Breeding Areas. Discharges into breeding areas for migratory
waterfowl must be avoided to the maximum extent practicable.
22. Removal of Temporary Fills. Any temporary fills must be removed in their
entirety and the affected areas returned to their preexisting elevation.
k
r
NATIONWIDE CONDITIONS
a. The discharge does not cause the loss of more than 10 acres of waters of
the U.S. For the purpose of this nationwide permit, the acreage of loss of
waters of the U.S. includes the filled area plus waters of the U.S. that are
adversely affected by flooding, excavation, or drainage as a result of the
project. -
b. A 30-day notification to the District Engineer (DE) is required if the,
discharge would cause the loss of water of the U.S. greater than one acre.
For discharges in special aquatic sites, including wetlands, the notification
must include a delineation of affected special aquatic sites including
wetlands.
C. The discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.
STATE CONSISTENCY CONDITIONS -
a. All fill material authorized by this permit must be obtained from an
upland source.
b. Use of this nationwide permit for waste disposal facilities is not
authorized.
c. If the proposed activity is within the North Carolina Coastal Area and
the activity will result in the loss of waters of the United.States greater
.than 1/3 of an acre, the applicant must receive written concurrence from the
North Carolina Division of Coastal Management (NCDCM) that the.aetivity is
consistent with the North Carolina Coastal Management Program.
d. Should all or part of a proposed activity be located-within an Area of
Environmental Concern (AEC) as designated by the North Carolina Coastal
Resources Commission, a Coastal Area Management Act (CAMA) permit is required
from the North Carolina Division of Coastal Management (NCDCM). Should an
activity within or potentially affecting an AEC'be proposed by a Federal • '
agency, a consistency determination pursuant to 15 CFR 930 must be provided to
the NCDCM at least 90 days before the onset of the proposed activity.
GENERAL CERTIFICATION CONDITIONS
a. General Certification is denied for fills greater than one area in SA,
trout, HQW, ORW, WS-I and WS-II watersheds. General certification is issued
for all other waters for fills of not more than 10 acres and in those
watersheds specified above for fills of not more that one acre.
b. '*Proposed fill or substantial modification of greater than one-third of an
acre of such waters, including wetlands, requires a written concurrence from
the Vorth Carolina Division of Environmental Management (NCDEM).

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e. Established sediment and erosion control practices will be utilized to
prevent violations of the appropriate turbidity water quality standard (50
NTU's in streams and rivers not designated as trout waters by the North
Carolina Division of Environmental Management (NCDEM), 25 NTU's in all
saltwater classes and all lakes and reservoirs and 10 NTU's in trout waters).
d. Measures shall be taken to prevent live or fresh concrete from coming
into contact with waters of the State until the concrete has hardened.
e. Additional site-specific conditions may be added to this Certification in
order to ensure compliance with all applicable water quality and effluent
standards.
f. Concurrence from the North Carolina Division of Environmental Management
(NCDEM) that this Certification applies to an in project shall expire
three years from the date of the cover letter from the NCDEM.

NCDENR - DIVISION OF WATER QUALITY
WETLANDS RESTORATION PROGRAM
P.O. Box 29535
Raleigh, NC 27626-0535
RECEIPT
Mr. Don Broadwell
Broadwell Land Company
P.O. Box 53587
Fayetteville, NC 28305
April 28, 1998
i

MAY - 1998
WETLArZ GROUP A
;TER OUAUTY SEM1l -N,_,_,__,,
The Wetlands Restoration Program has received a check in the amount of $24,000.00,
check number 5466373, as payment for the compensatory mitigation requirements of the 401
Water Quality Certification issued for DWQ Project # 971020. This receipt serves as
notification that the compensatory mitigation requirements for this project have been satisfied.
Please note that you must also comply with all other conditions of this certification and any other
state, federal or local government permit or authorization associated with this activity.
If you have any questions concerning this matter please contact Ron Ferrell at 919/733-
7015 ext. 358.
Si rely,
\9)v,
Ronald E. Ferrell
Program Manager

cc: John Dorney
File
SENT BY:Wilmington District 3- 6-98 10:V11 USACE-Reg. Branch-*
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
3iG

Action Id. qty
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFI TION
Property owner i
Address 11

Telephone No. = 5'
Size and Location of project (water body road name/numben town, etc.)
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Description of Activity

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Applicable Law: Section 404 (Clean Water. Act, 3 U.S.C..1344). Sr
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(check all that apply) Section 10 (River and Harbor Act of 1899). ?'
Authorization: Regional General Permit Number.
Nationwide Permit Number,
Your work is authorized by this N4qiwNationwide Permit (NWP) provided it' accomplish*
in strict accordance with the attached conditions and your submitted plans. If your activity is Stu ct to Sectioi
404 (if Section 404 block above is checked), before beginning work you, must also receive a
Sec on 401 wage
.
quality certification from the N.C. Division of Environmental Management, telephone.[phone]. Pb!,W
Sf 197
?lease read and carefully comply with the attached conditions of the ROP6ON". Any violation of
a condition
Df the RPe MONWP referenced above may subject the permittee to a stop work order, a restorati order, and/o
appropriate legal action.
Phis Department of the Army R6P +AVP verification does not relieve the permittee of the respons ility to obtaii
any other required Federal, State, or local approvals/permits. The permittee may need to contact a ropriate Stag
utd local agencies before beginning work.
f there are any questions regarding this authorization or any of the conditions of the ationwidi
Permit, please contact the Corps Regulatory Official specified below.
Date ?
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orps Regulatory Official 'tl4eM Telephone No. H
4414
xpiration Date of Verification ' C
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t
r
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, C., MUST
BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CE"W Pon $01
RodNd Juy 1906
119104860707;# 2
Jedod Jewnsuoo-4sod %O L /PelOA09J 0/.09 L V9 L-98t7-016 GOIOA
JeAoldw3 uollOV en14owJl,4y 4junpoddo lonb3 UV ?^ £V09-LM nullOJO? 4PON
LOLO-98V-O L 6 XVJ 3 ?,? elllne49Ac) j 'V L L e4InS ' 6ulpling plnoyoo/N
2iNH?d
A v
Ajoj9jOaS's9tAOH 'g UDL41JUOr
JOUJ9AOE)'•ar'?unH •8 s9wDr
90140 JOUOifiad e11in949ADp
saoanosE)d Ipan?DN Pup u4I0aH
'?UeWUoalnu3 p .Luau pr)da4
pulloapO UPON P G?r4S
SENT BY:Wilmington District ; 3- 6-98 ; 10:29 ; USACE-Reg, Branch-4 19104860707;# 3
voiNT9
so
a? ao
0
%
0.6 ICREB
1
TOTAL 19MV= E
1,42 AD.
_ a

Torn weT1AN0e ?
,
ds
/ &w ort

WIACTM MLLAB

4
t. ACI
R !BONN H[REON N[R[
TOTAL rll11
00
N1
Nt OInCG THE rM[
AND 0.11 AC.

ONG p OR tOCLT[!.
MGT[
A
9
WAD.
10?TION.
CONVt'INiCE! OR 4L[!.
Y
m

?WMMCK
I ft.
jedr)d jewnsuoo-;sod %OL/peloAoea go0g LKI-98b-0L6 eolon
jeAoldw3 uolloy eAI40WJ14y A41unpoddo lonb3 uy ?? D09-LOCK nullOJD0 UPON
LOLO-98V-0 L 6 XVJ w,? elllne4eAof 'b L L elInS 'sulpling olnoyor)M
2?NH?Q
v
AjojeaoeS 'SeMOH '8 UDL4Duor
JouJanoe "ir'?unH '8 SeWDr
90140 Jbu0169d e11ine4eAr) j
saoinosad Ipan?DN Pup u1I00H
'?uauuuoalnu3 jo luewpr)daa
pullbJDO 4PON P 010?S

SENT BY:Wilmington District :12- 2-97 : 13:22 : USACE-Reg. Branch-4
NOTRUC'TION NOTIPTCATION (PCN
TO
1.
2.
3.
4.
5.
6.
919 733 9959:9 1
NATIONWIDE 26
NATIONWIDE 12
NATIONAL MARINE FISIII RI23/D AUFORT, NC
FISH & WILDLIFE SERVICE/RALEIGH, NC
NC DIVISION OF WATER QUALITY/RALEIGH, NC
EPA/ATLANTA, GA '
STATE HISTORIC PRESERVATION OFFICE/RALEIGH, NC
ACTION ID. 800316 (NPJ26) AND 19980.0455 (NI112)
APPLICANT: DON BROADWELL, BROADWELL LAND COMPANY
DATE, OF TRANSMITTAL: DEC 2, 1997
RESPONSE DEADLINE DEC 5, 1997
COMMENT DEADLINE (10 days from reoponse deadline):
nFC i5. 7.991
SEND COMMENTS TO WILMINGTON DISTRICT CORPS 01BNOINEERS.
WILMINGTON REGULATORY FIELD OFFICE,
ATTN: ALLEN DAVIS [phone]
FAX.-NO. [phone]
NUMBER OF PAGES, INCLUDING THIS SHEET!
11
SENT BY I :Wilmington District
..

AEM
NAT;
:12- 2-97 : 13:22 : USAGE-Reg. Branch-4 919 733 9959:9 2
(q ? R00,43 9 () Oq6 5 _-.- V 0 12,-' - 06 ?„
> CORPS ACTION ID; p t -I /6:: --` 0 w ?, C? 4 f
TWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PBF.MIT #)t'
RE-CONSTRUCTION NOTIVICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE,
1) IJOTIFICATION TO THR CORPS OY M10I1MIiRS
2) APPLICATION FOR SUCTIOU 401 CERTIVXCATIO11
3) COORDI27ATI021 tiz=z T1113 11C DXYt3ION or COAuTAL juami1 zjjT
BEND HE ORIGINAL, AND (1) COPY OF THIS COZIPLFLTED FORH TO THE APPROPRLITZ
FIELD OPFICU OF THE CORPS OF ZITOINEERS (SEC AGENCY ADDRESSES S11H3T). SEVEN
(7) COPIES SHOULD BE SENT TO THE N.C. DIVISION ON ENVIRONMENTAL MANAGEMENT
(SRE AGENCY ADDRESSES SHEET). PLFzan PRIZIT,
1. 0 IERS =4Z I V
.Qj
2. MAI? ING ADDRE33; I6 it&4 Le, II 1 1ylj 1 j ?p Y77y?s?.?lYtl
CITY:
PROJEC LOCATION ADDRESS,
MAILIN ADDRESS ABOVE):
v I
?., SUBDIVISTOI7 NAME:
STATE: /_Vr _L, ZTP CODE:
CLi/DJNG SUBDIVISIQN FiE (IF DIFFERENT FROM
11 . 3. TE LTPHONE NUMBER (HOMO) ; (WORK)
4, IF PPLICARLE t A NT' S NAME On }}??E9PONSIBLS ORPORATE`,--OFFSCI'I AL. ADDRESS,
PHONZ A" 0 f?
S
'
? t r 4A.)
5. LOCH
MAP OR
COUNTY
?TION OF WORK (PROVIDE A MAP, PREFEDABLY A COPY OF USGS TOPOGRAPHIC
AERIAL PHOTOGRAPHY TQITH SCALE) :
Gu ?pN ?? NEAREST TOWN OR CITY:
1
SENT BY?Wilmington District
:12- 2-97 ; 13:22 ; USACE-Rog. Branch-+ 919 733 9959;4 3
SPECIFIC LOCATION (INCLUDE ROAD
I , LANDMARKS, RTC.) : 7& ro Nn r_A bleT .r?,?Dr? Tnr?? k). f Ac 40

a
P9 .4 j 10 A.)

6. IMP CTED OR NF,AR'?'EST ST--REAM/RIVERi !?U! k hN?fi ff 1r ,P I[
RI R BASIN; C?.?AP 1-GAvl
7a. IS PROJECT LOCATED NF,AR WATER CLASSIFIED AS TAOUT, TIDAL SALTWATER
(SA), iIOU QUALITY WATERS (HQW) , OUTSTANDING RESOMC13 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,
MANAQE ENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES ] 110
7c. I THE PROJECT 10 LOCATED WITHI17 A COASTAL COUNTY (SEE PAGE 7 FOR
LIST 0 COASTAL COUNTIES), WHAT IS THE LAND USE P]r;AN (LUP) DLiSIC3NATION?
Ba. HAVE ANY SECTION 40 PERMITS BEEN PREVIOUSLY'REQUESTIrD FOR USE ON
TIixS P OPERTY? YES ( NO ( ] IF YES, PROVIDE ACTION I.D. NUMBER OF
PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OP 401
C2RTIF CATION) i _ _T? Q ? ;1, _ ( Q 6 19.4 2 412 I ) I.
8b. E ADDITIONAL PURMZT RtQUESTO EXPECTED FOR THIS PROPERTY IN TUE
FUTUAEl YES [ J NO IF YES, DESCRIBES ANTICIPATED WORK:
i
SENT BY:Wilmington District ;12- 2-97 ; 13:23 ;
USACE-Reg. Branch-4 919 733 9959;4 4
<L- t
9a. E TIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND:
9b. E TIMATED TOTAL NWBER OF ACRES 06 WETLANDS LOCATED ON PROJECT SITE:
104 , IUMBER, OF ACRES OF WETLANDS IMPACTED SY THE PROPOSED PROJECT 13Y:
FILLIN : 0: / y EXCAVATION: Ivp A/ e,
FLOODI G : n A/0) 62- ece, OTHER : ,,y? ??}
DRAINR E ; ?/ V TOTAL ACRES TO BE IMPACTED: _ Ot T
10b. 1) STREAM CHANNEL TO BE IMPACTED HY THE PROPOSED PROJECT (IF
RELOCA ED, PROVIDE DZOTANCE BOTH BEFORIi AND AFTER RZTrOCATION) :
LENGTH BEFORE; 3 1) T AFTER: e) PT
WIDTH EFORE (based on normal high water cantoura): FT
WIDTH AFTER: z --
AVERAGE DPPTII BEFORE: 44 FT AFT'i3R: / .?.,
2) T FROM: (CHECK ALL THAT APPLY)
OPEN C4AIdNEL RELOCATION:
PLACEMENT OF PIPE IN CHANNEL:
EXCAVATION: CONSTRUCTION OF A DAM/FLOODING:
OTHER:
11. IF ONSTRUCTION OF A POND IS PROPOSED, WHAT 13 THE SIZE OP THE
WATERSH D DRAINING TO THE POND? ,/V0
WHAT IS THE EXPECTED POND SURFACE AREA?
12. DES RIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF
3
SENT BY;Wilmington District :12- 2-97 : 13:23 : USACE-Reg. Branch-+ 919 733 9959:9
E
.
MEC ICAL EQUIPMENT TO HE USED (ATTACH PLANS: 8 1/211 X 1111 DRAWINGS
ONLY) :
oP 7; 1

13 . PU RPOSE ON PROPOSED WORK: 117 1 rU

14. ST ATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST HE CARRIED
OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND
IMPACT ):
l •. ,? a

l t' ?.A
/o
15. Y C U ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FIS112RTRS SERVICE (NMFS) (SEE AGENCY
ADDRES E3 SHEET) REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR
PROPOSE D FOR LISTING ENDANGERED OR THREATBUED SPECIES OR CRITICAL HABITAT
IN THE PERMIT AREA THAT MAY BE AFFECTED HY THE PROPOSED PROJECT. DATE
CONTACT ED. QU 42 a?? ra (ATTACH RESPONSES
FROM TH ESE AGENCIES.)
16. Y C U ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THR PRESENCE OF HISTORIC
?ROPIER IRS IN THE PERMIT AREA WHICH MAY DE AFFECTED BY THE PRP;?OSED
PROJECT . DATE CONTACTED : 4o,-
.7. DO S THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS CR THE USE OF
'UBLIC (STATE) LAND?
4
SUS
SENT BY:Wilmington District :12- 2-97 : 13:24 :
DOCU
POLI
DEPAR
USACE-Reg. Branch-4 919 733 9959:4 6
YES [] NO tv (IV NO, GO TO 1$)
IF YES, DOES THE PROJECT REQUIRE paEpARATZON OF AN ENVIRONMENTAL
NT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL
ACT?
YES [I NO []
IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
L'NT OF ADMINISTRATION STATE CLEARINGHOUSE?
YES [j NO [)
IF ANSWER TO 17b IS YES, THEN StMNIT APPROPRIATE DOCUMENTATION FROM THE
STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL M IAGEMENT REGARDING
COMPLIANCE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT,
QUESTIONS REGARDING THE STATE CLEARINGHOUSE RUVIEW PROCESS SHOULD IIE
DIREC D TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLI A DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH AROLINA 27603-8003, TELEPHONE [phone].
10, T E FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION 17
PROPOS D ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR PILL 14ATERIAL
INTO W 'TLANDS :
a WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES
AND PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 29,
29, AND 38), ALL STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY
14U$T A SHOWN ON THE MAP. MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR I
INCH EQUALS 100 FEET OR THEIR EQUIVALENT.
b IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE
IMPACT D 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.
WHAT IS LAND USE OF SURROUNDING PROPERTY?
J„.J,f
f.
IF APPLICABLE, WHAT IS PROPOSIiD METHOD OF SEWAGE DISPOSAL? G (wh
5
SENT BY:Wiimington District ;12- 2-97 ; 13:24 ; USACE-Reg. Branch-+
919 733 9959;9 7
. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE U.S. 14AY NOT BE nIPAGTED PRIOR TOs
ISSUANCD OF A SUCTION 404 CORPO OF ENG11MERS PERMIT,
EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF
ENVIR NPMNTIIL lMNA0=4ZNT (WATER QUALITY) CERTIL7ICATIONi AND
(IN THIS TW EnTY COASM COUNTIRS ONLY) , A LETTER 'FROAS THR
NORTH CAROLINA DIVISION OF COASTAL MV14IGIZIENT STAT1140 THE PROPOSED
ACTIVITY IS CONSISTZNT WITH THIS NORTH CAROLINA COASTAL MANAGZ1dZNT
PROGRAP-1.
OWNER j S /AGMIT I S SIGNATURE
IF ,
THE
'S SIGNATURE VALID ONLY
HORIZATION LETTER FROM
ER IS PROVIDED (18g.))
DA'Z'E
9
SENT BY:Wilmington District ;12- 2-97 ; 13:25 ; USAGE-Reg, Branch-? 919 733 9959;# 8
UKU HUWLLL LRNO CO. TEL:[phone] NOV 10,97 12120 N0.001 P.02
E3?=MIL74 WD CWMAUY
PO BOX 03007
Fhv3 'iV1&Lu, UG 20303
vin) 4aa.5191
?,U [phone]
Uavaobor 10, 1907
t
Ill m Xs lar CQ ,C=
dOCu"nt autborjuip 11ud Avedhan to oob taa aQant Ifol: II::aaQUOll
Ca"Vany to 00clit thq 13=1thoOd OubdivlaLoa w9tlcnda data to
A=Y Corp of Zn0ingere.
D"IZLa. ZJV= qmv?y y

SENT BY:Wilmington District :12- 2-97 13:25 USACE-Reg. Branch-4

I
919 733 9959;4 9

?t

?
9 r
0

I

JI
:
I
.
J

"ko
.? a

<J t`Y,? t ? Y I Z
1 1? ? N N
f?`\ fI
.r

`!
w A

? ?
c
u
i
?, ?? ,?
SENT BY:Wilmington District ;12- 2-97 13:29 USACE-Rog, Branch-+ 919 733 9959 #11
N POINTS
j
r
0-J
?f
d
•r fri
frd rrd
di
P
„ f
rr
0.0 ACAE9
• 1y, n
TOTAL wnW?us
1.4,2 pO,
a ? Y
r y

44

V

a
•r V
?A
'O
1•QTrAL N tDS

VAN09M MUM

• , D. > ACF
TOTAL W
m 0
z
.
AD.

w cAn wco,
f
n
i
+?dt?AxK
E OHOyN 11[AtON N
RiA[
17 OryIC[, T+i? ?rrE9 W[Nt
LOi OOUNOAS;EB Ah
01.0 MR[ MUN'pyhC6.
TO Oil LOCAICO O,V
+
Kno% CV0v NCa vn BMI .
CERTIFIED MAID.
RETURN RF,CFIPT RFOUESTF,D
Mr. Don Broadwell
Broadwell Land Co.
P.O. Box 53587
Fayetteville, N.C. 28305
Dear W. Broadwell:
On February 6, 1998 Mr. Ken A
Office and Mr. Eric Fleck from NCDWQ's
meeting, it was determined that you have pl
Engineers (USACOE) or NCDWQ. This in
rL
Marc! e 1998 t
DWQ# 971020
/? ( SIB
Cumberland and County t140 - 11 6
SUBJECT: NO CE OF VIOLATION
B ckhead Subdivision
/a.nd from the N.C ivision of Water Qual' s (NCDWQ) Fayetteville Regional
ral Office met you d your representad • at the above site. As a result of this
fill material in w Hands without p ' authorization from the U.S. Army Corps of I
1 was located at a rear of lots 212. As you and your consultant noted, this
material will be removed immediately and re toted back to on ' al grade. © Q
In addition to this unauthorized 11, there was the ' sue of wetland mitigation on this site as the result of the propos 1
additional 0.9 acres of impacts. As was dis ussed, a prior thorized impact of 0.5 acres had occurred in this subdivisio d was
subsequently mitigated for at a 1:1 ratio (: required by U. COE). After a review of this matter, NCDWQ rules will uire that you
carry out mitigation for these new impact unless you can educe your proposed, additional impacts to < 0.49 ac . Specifica
will be required to mitigate for a total of . acres. The acres of mitigation was determined by multiplying .4 acres of mpacts
0.5 ( ) by a 2:1 ratio (e.g. 1.4 X 2=1.8 acres).
The 2:1 ratio used resulted from the impacts being within 150' to 1000' of a blue line stream as
indicated on USGS topographic maps. .-`
This mitigation com plished by ma ' g a td the N.C. Wetland Restoration Program in the amount of
$55,200 .g., ?gacres X 24.000/. re for riparian wetlan s $55.200 r you can (pending NCDWQ approval) carry out 2.3 acres
of cation elaewhero in er Cape Fear River Basin t ar ayetteville. If you plan to conduct your own mitigation, the
mitigation plan will be subject to NCDWQ approval. Further, } u will be required to plant native wetland hardwood trees along the
back of lots 208-212 after these disturbed wetlands are restored ack to original grade. These plantings must = 320 stems/acre of
survival after 5 years, with no species comprising > 20% in occu nce. Species to be planted should include the following: Willow
Oak, Swamp Chesnut Oak, Laurel Oak, Overcup Oak, or Water k.
Please respond to this Notice of Violation within 14 days upon your receipt. Your response should include what measures
you plan to implement to rectify this matter. Failure to address the al - we mentioned violation may result in an enforcement action
!win.- pursued against you by one or more of the following agencies: tSACOE. NCDWQ, and or USEPA. Adduiona!ly, these matters
must be addressed before a 401 Water Quality Certification can be iss ed for this project.
If you should have any questions regarding this matter pleas feel free to call Mr. Eric Flck or myself at [phone].
Sincerely,
John Domcy
Water Quality Certification Program
Cc: Ken Averittee, NCDWQ-Fayetteville Regional Office
Allen Davis, USACOE-Washington Field Office
Cathy Matthews, USEPA
Robert Needham, Needham, Jernigan & Associates
VW C/)1
" 5
* Gt5
S Q
fj?

ww?l
IS

F
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 12, 1998
DWQ# 971020
Cumberland County
CERTiF FD MAIL
RETURN RECEIPT REQUESTED
Mr. Don Broadwell
Broadwell Land Co.
P.O. Box 53587
Fayetteville, N.C. 28305
SUBJECT: NOTICE OF VIOLATION
Buckhead Subdivision
Dear Mr. Broadwell:
On February 6, 1998 Mr. Ken Avaitte and from the N.C. Division of Water Quality's (NCDWQ) Fayetteville Regional
Office and Mr. Eric Fleck from NCDWQ's Central Office met you and your representatives at the above site. As a result of this
meeting, it was determined that you have placed fill material in wetlands without prior authorization from the U.S. Army Corps of
Engineers (USACOE) or NCDWQ. This material was located at the rear of lots 208-212. As you and your consultant noted, this
material will be removed immediately and restored back to original grade. Upon further discussion, this letter modifies the one we
sent to you on March 2,1998.
In addition to this unauthorized fill, there was the issue of wcdand mitigation on this site as the result of the proposed,
additional 0.9 saes of impacts. As was discussed, a prior Aiauthorized impact of 0.5 acres had occurred in this subdivision and was
subsequently mitigated for at a IA ratio (as required by USACOE). After a review of this matter, NCDWQ rules will require that you
carry out mitigation for these new impacts unless you can reduce your proposed, additional impacts to < 0.49 acres. Specifically, you
will be required to mitigate for a total of 1.8 acres. The 1.8 acres of mitigation was determined by multiplying 0.9 acres of new
impacts by a 2:1 ratio (e.g. 0.9 X 2= 1.8 acres). The 2:1 ratio resulted from the impacts being within 150' to 1000' of a blue line
stream as indiat?d on USGS topographic maps. The OS acres of mitigation that was completed on the site was done for the ITS.
Army Corps ofrnginccrs and is therefore not relevant in NCDWQ's calculations.
This mitigation can be accomplished by making a payment to the N.C. Wetland Restoration Program in the amount of
$43,200 (e.g., 1.8 acres X S24,000/acre for riparian wetlands = $43,200), or you can (pending NCDWQ approval) carry out 1.8 acres
of mitigation elsewhere in the lower Cape Fear River Basin near Fayetteville. If you plan to conduct your own mitigation, the
mitigation plan will be subject to NCDWQ approval. Further, you will be required to plant native wetland hardwood trees along the
back of lots 208-212 after these disturbod wetlands are restored back to original grade. These plantings must = 320 stems/acre of
survival after 5 years, with no species comprising > 20% in occurrence. Species to be planted should include the following: Willow
Oak, Swamp Chestnut Oak, Laurel Oak, Overcup Oak, or Water Oak.
Please respond to this Notice of Violation within 14 days upon your receipt. Your response should include what measures
you plan to implement to rectify this matter. Failure to address the above mentioned violation may result in an enforcement action
being pursued against you by one or more of the following agencies: USACOE, NCDWQ, and or USEPA. Additionally, these matters
must be addressed before a 401 Water Quality Certification can be issued for this project.
If you should have any questions regarding this matter please feel free to call Mr. Eric Fleck or myself at [phone].
Jo Domey
i __-D
atcr Quality Certificati n ogram
Cc: Ken Averittce, NCDWQ-Fayetteville Regional Office
Allen Davis, USACOE-Washington Feld Office
Cathy Matthews, USEPA
Robert Needham, Needham, Jernigan & Associates
!/
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
.? 4 © o
'*An
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 12, 1998
DWQH 971020
Cumberland County
CF,RTFFIF,D MAIL.
RETURN RECEIPT REQUESTED
Mr. Don Broadwell
Broadwell Land Co.
P.O. Box 53587
Fayetteville, N.C. 28305
SUBJECT: NOTICE OF VIOLATION
Buckhcad Subdivision
Dear Mr. Broadwell:
On February 6, 1998 Mr. Ken Averitte and from the N.C. Division of Water Quality's (NCDWQ) Fayetteville Regional
Office and Mr. Eric Fleck from NCDWQ's Central Office met you and your representatives at the above site. As a result of this
meeting, it was determined that you have placed fill material in wetlands without prior authorization from the U.S. Army Corps of
Engineers (USACOE) or NCDWQ. This material was located at the rear of lots 208-212. As you and your consultant noted, this
material will be removed immediately and restored back to original grade. Upon further discussion, this letter modifies the one we
sent to you on March 2, 1998.
In addition to this unauthorized fill, there was the issue of wetland mitigation on this site as the result of the proposed,
additional 0.9 acres of impacts. As was discussed, a prior unauthorized impact of 0.5 acres had occurred in this subdivision and was
subsequently mitigated for at a 1:1 ratio (as required by USACOE). After a review of this matter. NCDWQ rules will require that you
carry out mitigation for these new impacts unless you can reduce your proposed, additional impacts to < 0.49 acres. Specifically, you
will be required to mitigate for a total of 1.8 acres. The 1.8 acres of mitigation was determined by multiplying 0.9 acres of new
impacts by a 2:1 ratio (e g. 0.9 X 2=1.8 acres). The 2:1 ratio resulted from the impacts being within 150' to 1000' of a blue line
stream as indicated on USGS topographic maps. The 0.5 acres of mitigation that was completed on the site was done for the U.S.
Army Corps of Engineers and is therefore not relevant in NCDWQ's calculations.
This mitigation can be accomplished by making a payment to the N.C. Wetland Restoration Program in the amount of
$43,200 (e g., 1.8 acres X $24,0001acre for riparian wetlands = $43,200), or you can (pending NCDWQ approval) carry out 1.8 acres
of mitigation elsewhere in the lower Cape Fear River Basin near Fayetteville. If you plan to conduct your own mitigation, the
mitigation plan will be subject to NCDWQ approval. Further, you will be required to plant native wetland hardwood trees along the
back of lots 208-212 after these disturbed wetlands are restored back to original grade. These plantings must = 320 stems/acre of
survival after 5 years, with no species comprising > 20% in occurrence. Species to be planted should include the following: Willow
Oak, Swamp Chestnut Oak, Laurel Oak, Overarp Oak, or Water Oak.
Please respond to this Notice of Violation within 14 days upon your receipt. Your response should include what measures
you plan to implement to rectify this matter. Failure to address the above mentioned violation may result in an enforcement action
being pursued against you by one or more of the following agencies: USACOE, NCDWQ, and or USEPA. Additionally, these matters
must be addressed before a 401 Water Quality Certification can be issued for this projecL
If you should have any questions regarding this matter please feel free to call Mr. Eric Fleck or myself at [phone].
i c I
Jo n Domey
1 atcr Quality Ccrtificau n rogram
Cc: Ken Avcrittce, NCDWQ-Fayetteville Regional Office
Allen Davis, USACOE-Washington Field Office
Cathy Matthews, USEPA
Robert Needham, Needham, Jernigan & Associates
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
LOCATION AND DESCRIPTION LENGTH
NC 194 IN BOONE TO 2 MILES EAST OF US 221. 11.9
FOUR LANE DIVIDED FACILITY ON NEW LOCATION. 19.2
TENNESSEE STATE LINE TO US 221 IN BOONE. 13.6
WIDEN ROADWAY TO A MULTI-LANE FACILITY. 21.9
NC-NHF421(10), RECONSTRUCT BLUE RIDGE PARKWAY -
BRIDGE 091P OVER US 421.
GUARDRAIL INSTALLATION AND SAFETY
IMPROVEMENTS.
70929 42879 C(T ) 37400 . ?`
;;; _
PART COMPLETE-PART UNDER CONSTRUCTION
SEE 529 BD FOR PARKWAY STRUCTURE OVER
US 421
52300 IDENTIFIED FUTURE NEED
9300
1348
US 221, WEST OF US 221-321 ON NC 105 TO 0.9 9564
US 421-NC 194. WIDEN ROADWAY TO A MULTI-LANE 1.4
FACILITY.
US 421. PROPOSED BYPASS SOUTH OF BOONE, PART 4.5 108000
ON NEW LOCATION. 7.2
US 321, SR 1102 (RIVERS STREET) NORTH OF 0.2
PROPOSED RELOCATED RIVERS STREET. WIDEN 0.3
ROADWAY TO MULTI-LANES.
US 321 (HARDIN STREET), RIVER STREET (U-3406) 0.4
TO US 421-NC 194. WIDEN TO FIVE LANES. 0.6
CRAB ORCHARD CREEK. REPLACE BRIDGE NO. 4
WATAUGA RIVER. REPLACE BRIDGE NO. 82
kTES INTRASTATE PROJECT
C(T ) 9300.CONSTRUCTION FFY 99 BY FEDERAL HIGHWAY
ADMINISTRATION
1148 C(S ) 200
i
CONSTRUCTION BY DIVISION
9564 C(STP) I
UNDER CONSTRUCTION
SCHEDULED FOR ENVIRONMENTAL REVIEW
1300 100 C(S ) 1200
CONSTRUCTION BY DIVISION

2000 P *-
D
R(S ) 1000
C(S ) 1000

808 808 C(FA ) UNDER CONSTRUCTION
650 R(NFA) 50 RIGHT OF WAY FFY 01
C(NFA) 600 CONSTRUCTION FFY 02
ALL SCHEDULES SUBJECT TO AVAILABILITY OF FUNDS

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VENCY• #23-000
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KEMORANDUM PRINT NAMES:
Reviewer: U
r0 : JOHN DORNEY WQ SUPV.:
ENVIRONMENTAL SCIENCES BRANCH DATE: -Yr
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE AN
PERMIT YR: 97 PERMIT
APPLICANT NAME: BROADWELL LAND
PROJECT TYPE: SUBDIVISION
COE #:
RCD_FROM_CDA: COE
REG OFFICE: FRO
RIVER_AND_SUB_BASINJ: 030615
STREAM CLASS: C
WL_IMPACT?:O/N
WL-REQUESTED: .90
WL_SCOREM : 0
MITIGATION?: Y/N
MITIGATION-SIZE:
3WERED (USE N/A FOR NOT APPLICABLE) -, ;,
NO: 0001020 COUNTY: CUMBERLAND
CO.
PERMIT-TYPE: NW26
DOT #:
DATE FRM CDA: 11/21/97
STR INDEX NO: 18-31-24-6 ae =_'
J'
WL_TYPE: HWF 0H, 1991
WL_ACR_EST? -1N i ,"- iEf , LL -t
il,:='? r
WATER IMPACTED BY FILL?: Y Ni
MITIGATION TYPE: 7
Ii1 r3 ? 2
DID YOU REQUEST MORE INFO?: Y/N
IS WETLAND RATING SHEET ATTACHED?:l) N
HAVE PROJECT CHANGES/CONDITIONS BEEN DISCUSSED WITH APPLICANT?: by N
RECOMMENDATION (Circle One): ISSUE ISSUE/COND DENY
COMMENTS :

CC: Regional Office
Central Files
-.+
ATTACHMENT
(TO BUCKHEAD S/D COMMENTS)
As you can see from the rating sheet, this site gets a pretty high rating in the way of water quality
functions. Eric Fleck and I met with Messrs. Dohn Broadwell Sr. and Jr., Bud Needham, and a
few other interested parties 2/6/98. Maybe I understand their angle now, but I'm still not sure I
buy it. Depending on how you interpret the cumulative impact issue that Eric is to explain to you,
my regional office recommendation is one of the following:
1) If you think that they are still to be held accountable for the previously disturbed and
"mitigated for" one-half acre in the earlier sections, then they should obviously be required to
avoid/minimize, etc. and mitigate for riparian wetlands at the appropriate ratio. Taking the old fill
into account, the total project fill would now be 1.4 acre. (Or is it 1.55, given the 401
Certification for .65 ac. dated 10/4/93?) The old fill mitigation appears to have included removal
of some fill and creation of a new channel adjacent to the railroad ditch.
2) If you are of the opinion that they are not accountable for any of the previous fill
(including the .15 acre difference), since it was mitigated for and can't be considered as
cumulative impacts, then we can't really say too much. I feel sure that there is not ?1/3 ac.
impact within 50 feet of the stream in the area depicted in the application. However, much of the
violation which Eric F. will explain is either adjacent or very close to the run of the stream. This
violation area is supposed to be restored to original grade etc. after the building lots are filled. A
restoration plan should be required for this area as a condition of any approval or certification,
regardless of how this ends up. This should include restoration of what appears to be a large
sediment basin in the wetland.
Itemized response to the triage inquiry:
This is a perennial stream with a fairly well defined channel in most places.
Most of the impacts in the application are greater than 50 feet from the mean high water mark of
the stream. This does not include the impacts of the current violation.
Minimization/avoidance options are slim, given the setback requirements and shallow depth of
high ground.
Mitigation for current application would be for impacts >50 ft. and <150 ft. from the stream.
As far as cumulative impact concerns go, I have some difficulty with the idea of ignoring the past
fill and mitigation scenario, even though it appears that they satisfied the COE and successfully (?)
expanded an existing marsh-like habitat. This is the last phase of the development, and it
essentially gives them a "free" nine-tenths acre in a valuable wetland location rather than
mitigation for 1.4 (or 1.55) acres. This 100% urban watershed continues to be developed and
receives a considerable amount of runoff, much of it from commercial parking lots. On the other
hand, do we consider "pre-rule" impacts as cumulative??

WETLAND RATING NVORK5F ?T Fourth Veksion " .
Project N e - Nearest Road e'0
County }t We and Area= acres Wetland Width % feet
Name of evaluator Date
Wetland Location
o-pond or lake
r/ on perennial stream
on intermittent stream
within interstream divide
other
Soil series
predominantly organic - humus, muck,
or peat
predominantly mineral - non-sandy
predominantly sandy
Hydrau ' factors
steep topography
ditched or ehannelized
total wetland width 2100 feet
Adjacent land use
(within 1/2 mile upstream, upslope, or radius)
forested/natural vegetation 0/0
agriculture, urban/suburban .? %
impervious surface/z- - %
e 71i ,
Dominant vegetation
(2) "'L
(3)
Flooding and wetness
semipermanently to permanently
flooded or inundated
?sonally flooded or inundate
intermittanly flooded or tempo
surface water
no evidence of flooding or surface water
Wetland type (select one)*
• Rottomland hardwood forest
Headwater forest
Swamp forest
Wet flat
Pocosin
Pine savanna
Freshwater marsh
Bog/fen
Ephemeral wetland
Carolina Bay
Bog forest Other
*the rating system cannot be applied to salt or brackish marshes or stream channels
__ ______________
_____ __
_ weight
-? ` 4 00 =
?o
" "- -
Wetland
R
A x
Water storage
Bank/Shoreline stabilization x 4.00 =
= ?1 Rating
T Pollutant removal * x 5.00 = . `x.
I Wildlife habitat Z- x 2.00 - >
N Aquatic life value x 4.00 = ?2
G Recreation/Education x 1.00 =
*Add 1 point if in sensitive watershed and >I 0% nonpoint disturbance within 1/2 mile upstream,
_ uysloReZ or radius

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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
January 22,1998
DWQ Project # 971020
Cumberland County
COE # 199800316, 199800455
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Mr. Don Broadwell
Broadwell Land Co.
PO Box 53587
Fayetteville NC 28305
Dear Mr. Broadwell:
The Division of Water Quality has reviewed your plans for the discharge of fill material into 0.90 acres of
streams and/or wetlands located at Bulkhead subdivision in Cumberland County for residential development. Based on
this review, we have identified significant uses, which would be removed or degraded by this project. These uses are
water storage and wildlife habitat. 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, unless
modifications of the proposal are made as described below, we will have to move toward denial of your 401
Certification as required by 15A NCAC 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 place your project on administrative hold.
Please provide us with information supporting your position that states 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 residential development by realigning the roads and/or lots? 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) due to
the past impacts since they are cumulative. You are cautioned that an fill done before receipt of your 404 Permit and
401 Certification will be a violation of the Clean Water Act and subject to enforcement by the COE, EPA and/or DWQ.
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, DWQ 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.
i e n
J hn R. Domey
ater Quality Certi c on Program
cc: Fayetteville DWQ Regional Office
Wilmington Office Corps of Engineers
Central Files
John Domey
Wilmington Field Office Corps of Engineers
Bud Needham; Needham and Jernigan
Kathy Matthews; EPA
971020.nty
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 500% recycled/ 10% post-consumer paper
MEMORANDUM
TO: John Dorney
January 14, 1998
Environmental Sciences Branch
FROM: Ken Avcrit
Fayetteville Regional Office
SUBJECT: Project No. 0001010, 1997
Broadwell Land Company, Cumberland County,

The subject project site has been visited twice, including a trip by Cyndi Bell. The
consultant for Mr. Broadwell, Mr. Bud Needham, called several weeks prior to my receiving the
application to explain that cumulative impacts were not a problem on this site. If I remember
correctly, Bud said the property involved in Buckhead Section 6 belonged to another individual
(not Dohn Broadwell) who was interested in adding it in as part of the existing Buckhead
subdivision, which already has a history of wetland fill. Bud apparently was trying to explain the
reasons why cumulative impacts would not be a concern. That whole issue is debatable.
Aside from the issue of cumulative impacts, this work has essentially been done, for the
most part. All of the fill site clearing appears to have been completed and a considerable amount
of fill material is on site awaiting placement. I will probably recommend denial of at least part of
this application, not to mention the prospects for mitigation if the cumulative impacts are
assessed.
The purpose of this memo is to let you and the staff know that this project has not been
forgotten, along with several others I'm far behind on. Eric Fleck, (at my request) has kindly
agreed to visit this site and commence a letter writing campaign to Mr. Broadwell. I have
photographs of the site and will make these available.
If you or any of the group have questions, please give me a call.