19991407 Ver 1_COMPLETE FILE_20000110

q q AM7
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
? P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Division
Action ID No. 199900981
Mr. Gary Deese
Post Office Box 306
Fairmont, North Carolina 28340
Dear Mr. Deese:

Please reference your June 9, 2000, meeting with Mr. Scott McLendon of my Wilmington
Regulatory Field Office staff on your property located on the south side of NC Highway 130,
adjacent to Old Field Swamp, near Fairmont, Robeson County, North Carolina. The purpose of
this meeting was to discuss the restoration of wetlands on your property that were adversely
impacted during the construction of a horse pasture, three ponds, and riding trails. Also present
at this meeting was Mr. Ricky Locklear, your contractor, Ms. Marie Thompson, District Director
of Constituent Services for Congressman Mike McIntyre, and Mr. Ken Averitte from the NC
Division of Water Quality. Also reference our letter dated April 20, 2000, in which your
application was denied for after-the-fact Department of the Army authorization to allow the fill
material to remain in place.
As you agreed to during this meeting, the following remedial actions must be accomplished
to bring your project into compliance with Section 404 of the Clean Water Act:
a. Re-establish a forested buffer between the pasture and Old Field Swamp by planting a
100-foot corridor of trees adjacent to the creek from the west end of the property to the
edge of the pasture. Trees may be a mix of hardwood and softwood species and must
be planted on 15-foot centers. As discussed, it would be beneficial to erect a fence
between the pasture and the planted area.
b. The width of the road adjacent to the perimeter ditch must be reduced such that the top
is no greater than 12 feet wide. Slopes adjacent to the road shall be no greater than 2:1.
c. Four - 12" corrugated plastic pipes must be placed through the road to allow exchange
between the ditch and wetlands adjacent to the road.
June 19, 2000
d. The two ponds perpendicular to the ditch must be backfilled and pre-project elevations
re-established.
e. On the east-end of the property, adjacent to the easternmost pond, all fill material shall
be removed to the edge of the existing tree line as flagged in the field on June 9, 2000.
f. No excess material from the restoration project shall be placed into the pasture area.
g. All slopes must be immediately stabilized to prevent the erosion of material back into
wetlands.
This work must be accomplished within 30 days of your receipt of this letter.
Finally, you may contact the North Carolina Forest Service at 1-800-NCTREES to obtain
the trees necessary for the required forested buffer near Old Field Swamp. Questions or
comments may be addressed to Mr. McLendon in the Wilmington Field Office, Regulatory
Division, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Division
Copies furnished:
Ms. Janice Cole
U.S. Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27601-1461
Mr. Garland Pardue, Field Supervisor
U. S. Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. William Cox, Chief
Wetlands Section, Region IV
Water Management Division
U. S. Environmental Protection Agency
Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, Georgia 3 03 03
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. John Dorney
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Mr. Ken Averitte
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
225 Green Street
Suite 714 Wachovia Building
Fayetteville, North Carolina 28301

Mr. Bennett Wynne
North Carolina Wildlife Resources
Commission
901 Laroque Avenue
Kinston, North Carolina 28501
Congressman Mike McIntyre
701 North Elm Street
Lumberton, North Carolina 28358
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Mr. Gary Deese
Post Office Box 306
Fairmont, NC 28340
Dear Mr. Deese:
COE# 1999009881
WQC Project # 991407
Robeson County
A4lmklO • W2AJ
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
May 3, 2000
On December 13, 1999, you requested a 401 Water Quality Certification from the
Division of Water Quality via a copy of the Public Notice from the Corps of Engineers
for your project (pasture, ponds and drainage ditches) located near Fairmont in Robeson
County. We wrote to you on January 12, 2000 discussing concerns that we have
regarding Certification fee required for this project and placing it on hold until those
concerns are addressed. As of today, we have not received a response to our earlier letter.
Unless we receive a written response from you by May 22, 2000, we will consider that
you have withdrawn this application and are not interested in pursuing the project at this
time.
Please call me at 919-733-9646 if you have any questions or would like to discuss
this matter.
John . Dorney
Wate Quality Certificati n Program
cc: Fayetteville DWQ Regional Office
Wilmington District Corps of Engineers
Central Files
File Copy
Wetlands/401 Unit
1621 Mail Service Center Raleigh NC 27669-1621
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
Regulatory Division
Action ID. 199900981
April 20, 2000
I wf t s r
yYL'?1???.? U?Y??-iY .1,.,
Mr. Gary Deese
Post Office Box 306
Fairmont, North Carolina 28340
Dear Mr. Deese:
Please reference your after-the-fact Department of the Army application to place fill
material into approximately 10 acres of jurisdictional wetlands to create ponds, pasture, and
riding trails on your property adjacent to Old Field Swamp, on the south side of NC Highway
130, near Fairmont, Robeson County, North Carolina.

After careful review of the information you have provided- regarding your proposal, we
have concluded that it does not comply with the Section 404 (b)(1) Guidelines (Guidelines).
These Guidelines stipulate that no Department of the Army permit can be issued for non-water
dependant activities for which a less damaging alternative exists. Specifically, we have
concluded that development of the pasture, trails, and ponds could be accomplished without
incurring impacts to the high quality wetlands adjacent to Old Field Swamp. As our regulations
preclude us from authorizing projects where less damaging, practicable alternatives exist, we
have no choice but to deny your request for Department of the Army authorization. Enclosed is a
copy of our Environmental Assessment of your work on which this decision is based.
In addition, we received unfavorable comments from the Federal review agencies. Their
reaction to your proposal is the result of anticipated significant adverse impacts. I have provided
these Federal agencies' comments to alert you to these concerns. Because of the Federal
agencies' influence on Department of the Army permit decisions, it is unlikely a Department of
the Army permit would be available unless your project can be modified to significantly lessen
it's impacts on jurisdictional waters and wetlands of the United States.

Accordingly, you are requested to restore the affected wetland areas to their pre-project
elevations and contours. Mr. McLendon of my Wilmington Field Office is available to assist
you in developing a restoration plan.

In accordance with 33 CFR Part 331 you have the right to appeal this decision. For this
purpose, enclosed is the "Notification of Administrative Appeal Options and Process and
Request for Appeal". If you wish to appeal the denial of this permit, please note that you must
return the completed and signed Request for Appeal to the Division Engineer at the following
address within 60 days of your receipt of this letter:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, SW
Atlanta, Georgia 30303-3490
Your patience and cooperation during this process is appreciated. Mr. McLendon may be
reached at telephone [phone].
Sincerely,
James W. DeLony
Colonel, U.S. Army
District Engineer
Enclosures
Copies furnished (without enclosures):
Mr. John Hefner, Field Supervisor
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post. Office Box 33726
Raleigh, North Carolina 27636-3126
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mrs. Kathy Matthews
Wetlands Section, Region IV
Water Management Division
U. S. Environmental Protection Agency
Atlanta Federal Center
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. John Dorney
D' ision of.Water Quality
orth Carolina Department of
Environment and Natural Resources
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Mr. Frank McBride, Manager
Habitat Conservation Program
North" Carolina Wildlife Resources Commission
11411-85 Service Road
Creedmoor, North Carolina 27522
Congressman Mike McIntyre
701 North Elm Street
Lumberton, North Carolina 28358
2
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
Gary Deese
P.O. Box 306
Fairmont, NC, 28340
Dear Mr. Deese
now
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
January 12, 2000
99-1407
Robeson County
On December 13, the Public Notice for your after-the-fact application to place fill
in 15 acres of wetlands in Robeson County was issued by the U.S. Army Corps of
Engineers. This application has not yet been officially received by the N.C. Division of
Water Quality's Central Office. However,-the Division will begin to review the project
for eventual decision, and we have assigned DWQ Project NO. 99-1407 to your
application. Please be aware that beginning January 1, 1999 that the N.C. General
Assembly passed legislation requiring payment of a fee of $475.00 for this project. Also,
applicants are required to provide to DWQ seven copies of all application materials
provided to the U.S. Army Corps of Engineers. The 401 Water Quality Certification
cannot be issued until this fee is paid and the copies are provided. Until that time, your
application will remain on hold as incomplete. Please refer to the project number (99-
1407) in all future correspondence.
Please call Cyndi Bell at 919-733-9721 or visit our web site at
http•//h2o.enr.state.ne.us/NDbranch/wetiand/wetland.html if you have any questions.
r
cc: Central Files
Fayetteville DWQ Regional Office
Wilmington Regulatory Field Office US Army Corps of Engineers
Wetland File
Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27699
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Emplc.dcr 507 rccycled/IO% post consumer paper
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199900981
December 13, 1999
PUBLIC NOTICE
MR. GARY DEESE, POST OFFICE BOX 306, FAIRMONT, NORTH CAROLINA
28340, has applied for an after-the-fact Department of the Army (DA) permit TO PLACE FILL
MATERIAL INTO APPROXIMATELY 15 ACRES OF JURISDICTIONAL WETLANDS
ADJACENT TO OLD FIELD SWAMP, NEAR FAIRMONT, ROBESON COUNTY, NORTH
CAROLINA
This public notice does not imply, on the part of the Corps of Engineers or other agencies,
either favorable or unfavorable opinion of the work done; but it is issued to solicit comments
regarding the factors on which a final decision will be based. Legal action has been suspended
pending the outcome of this consideration. Work that has been completed includes the
excavation of ponds, ditches, access roads, and clearing and filling of wetlands for pasture.
The following description of the work is taken from data provided by the applicant and
from observations made during site visits by a representative of the Corps of Engineers.
Mr. Gary Deese has commenced the conversion of wetlands adjacent to Old Field Swamp
to high ground for pasture, ponds, and drainage ditches.
Impacts to waters and wetlands associated with completed work are as follows:
Approximately 7 acres of land downstream (east) of the existing bridge over Old Field
Swamp at NC Highway 130 (Old Stage Road) has been cleared, stumped, partially filled and
planted with Bermuda grass and "Tifton 44".
A drainage ditch, pond, and road along the northern property boundary has been installed.
Two ditches have been excavated perpendicular to the run of Old Field Swamp and earthen
material placed into jurisdictional wetlands.
A ditch parallel to Old Field Swamp has been excavated and earthen material placed into
wetlands on the south side of the property.
In addition, the application shows the clearing of approximately 5 additional acres of for
pasture.
An unsealed map showing the approximate location of the work is included with this
public notice.
According to the applicant, a portion of the property was clear-cut prior to the
commencement of his work.
Wetlands to be impacted by the proposed project are dominated by a Mixed overstory
containing sweet gum (Liquidambar t aciflua , green ash raxinus pennsylvanicus), bald
cypress Taxodium distichum ,and loblolly pine (Pin- taeda . Wetlands adjacent to the project
site are seasonally to permanently flooded with the primary hydrologic input from Old Field
Swamp located on the south side of the property boundary. Old Field Swamp eventually drains
to Hog Swamp and the Lumber River southeast of the project site. According to the Robeson
County soil survey, the property is underlain primarily with Johnston Soils.
A mitigatidn proposal to compensate for all unavoidable impacts to wetlands associated
with the project was not received with the application. The purpose of the work is to create. high
ground for pasture.
. The State of North Carolina will review this public notice to decide the need for the
applicant to obtain any required State authorization. No Department of the Army (DA) permit
will be issued until the coordinated State viewpoint on the proposal has been received and
reviewed by this agency, nor will a DA permit be issued until the North Carolina Division of
Water Quality (NCDWQ) has decided the applicability of a Water Quality Certificate as required
by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean Water Act (33
U.S.C. 1344). Any person may request, in writing within the comment period specified in the
notice, that a public hearing be held to consider this application. Requests for public hearing
shall state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of
Historic Places for the presence or absence of registered properties, or properties listed as being
eligible for inclusion therein, and this site is not registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register is the extent of
cultural resource investigations by the District Engineer, and he is otherwise unaware of the
presence of such resources. Presently, unknown archeological, scientific, prehistoric, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed
activity will affect species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
2
An unsealed map showing the approximate location of the work is included with this
public notice.
According to the applicant, a portion of the property was clear-cut prior to the
commencement of his work.
Wetlands to be impacted by the proposed project are dominated by a mixed overstory
containing sweet gum (Liquidambar st aciflua green ash raxinus pennsylvanicus), bald
cypress Tax odium distichum , and loblolly pine mus taeda . Wetlands adjacent to the project
'site are seasonally to permanently flooded with the primary hydrologic input from Old Field
Swamp located on the south side of the property boundary. Old Field Swamp eventually drains
to Hog Swamp and the Lumber River southeast of the project site. According to the Robeson
County soil survey, the property is underlain primarily with Johnston Soils.
A mitigation proposal to compensate for all unavoidable impacts to wetlands associated
with the project was not received with the application. The purpose of the work is to create high
ground for pasture.
The State of North Carolina will review this public notice to decide the need for the
applicant to obtain any required State authorization. No Department of the Army (DA) permit
will be issued until the coordinated State viewpoint on the proposal has been received and
reviewed by this agency, nor will a DA permit be issued until the North Carolina Division of
Water Quality (NCDWQ) has decided the applicability of a Water Quality Certificate as required
by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean Water Act (33
U.S.C. 1344). Any person may request, in writing within the comment period specified in the
notice, that a public hearing be held to consider this application. Requests for public hearing
shall state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of
Historic Places for the presence or absence of registered properties, or properties listed as being
eligible for inclusion therein, and this site is not registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register is the extent of
cultural resource investigations by the District Engineer, and he is otherwise unaware of the
presence of such resources. Presently, unknown archeological, scientific, prehistoric, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed
activity will affect species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
2
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199900981
December 13, 1999
PUBLIC NOTICE
MR. GARY DEESE, POST OFFICE BOX 306, FAIRMONT, NORTH CAROLINA
28340, has applied for an after-the-fact Department of the Army (DA) permit TO PLACE FILL
MATERIAL INTO APPROXIMATELY 15 ACRES OF JURISDICTIONAL WETLANDS
ADJACENT TO OLD FIELD SWAMP, NEAR FAIRMONT, ROBESON COUNTY, NORTH
CAROLINA
This public notice does not imply, on the part of the Corps of Engineers or other agencies,
either favorable or unfavorable opinion of the work done; but it is issued to solicit comments
regarding the factors on which a final decision will be based. Legal action has been suspended
pending the outcome of this consideration. Work that has been completed includes the
excavation of ponds, ditches, access roads; and clearing and filling of wetlands for pasture.
The following description of the work is taken from data provided by the applicant and
from observations made during site visits by a representative of the Corps of Engineers.
Mr. Gary Deese has commenced the conversion of wetlands adjacent to Old Field Swamp
to high ground for pasture, ponds, and drainage ditches.
Impacts to waters and wetlands associated with completed work are as follows:
Approximately 7 acres of land downstream (east) of the existing bridge over Old Field
Swamp at NC Highway 130 (Old Stage Road) has been cleared, stumped, partially filled and
planted with Bermuda grass and "Tifton 44".
A drainage ditch, pond, and road along the northern property boundary has been installed.
Two ditches have been excavated perpendicular to the run of Old Field Swamp and earthen
material placed into jurisdictional wetlands.
A ditch parallel to Old Field Swamp has been excavated and earthen material placed into
wetlands on the south side of the property.
In addition, the application shows the clearing of approximately 5 additional acres of for
pasture.
The decision, whether to issue a permit, will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the
public interest. Evaluation of the probable impacts that the proposed activity may have on the
public interest requires a careful weighing of all those factors that become relevant in each
particular case. The benefits that may be expected to accrue from the proposal must be balanced
against its foreseeable detriments. The decision whether to authorize a proposal, and if so the
conditions under which it will be allowed to occur, are therefore decided by the outcome of the
general balancing process. That decision should reflect the national concern for both protection
and use of important resources. All factors that may be relevant to the proposal must be
considered including the cumulative effects of it. Among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (according to Executive Order 11988), land use, navigation,
shore erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property ownership,
and, in general, the needs and welfare of the people. For activities involving the placement of
dredged or fill materials in waters of the United States, a permit will be denied if the discharge
that would be authorized would not comply with the Environmental Protection Agency's
404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or
criteria, a permit will be granted unless the District Engineer decides that it would be contrary to
the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties to consider and evaluate the
impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to decide whether to issue, modify, condition or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public interest factors listed
above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to decide the need for a public hearing and to decide the
public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit will not
be made until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act. The NCDEM considers
whether the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean.
Water Act. The application and this public notice for the Department of the Army (DA) permit
serves as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certificatioii may be reviewed at the
offices of the Environmental Operations Section, North Carolina Division of Water Quality
(NCDWQ), Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such
materials will be furnished to any person requesting copies upon payment of reproduction costs.
All persons wanting to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the North Carolina Division of Water Quality
(NCDWQ), 1621 Mail Service Center, Raleigh, North Carolina 27699-1621, on or before
January 14, 2000, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be received in
this office, Attention: Mr. Scott McLendon, until 4:15 p.m., January 18, 2000.
4
All persons wanting to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the North Carolina Division of Water Quality
(NCDWQ), 1621 Mail Service Center, Raleigh, North Carolina 27699-1621, on or before
January 14, 2000, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be received in
this office, Attention: Mr. Scott McLendon, until 4:15 p.m., January'l8, 2000.
4
The decision, whether to issue a permit, will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the
public interest. Evaluation of the probable impacts that the proposed activity may have on the
public interest requires a careful weighing of all those factors that become relevant in each
particular case. The benefits that may be expected to accrue from the proposal must be balanced
against its foreseeable detriments. The decision whether to authorize a proposal, and if so the
conditions under which it will be allowed to occur, are therefore decided by the outcome of the
general balancing process. That decision should reflect the national concern for both protection
and use of important resources. All factors that may be relevant to the proposal must be
considered including the cumulative effects of it. Among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (according to Executive Order 11988), land use, navigation,
shore erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property ownership,
and, in general, the needs and welfare of the people. For activities involving the placement of
dredged or fill materials in waters of the United States, a permit will be denied if the discharge
that would be authorized would not comply with the Environmental Protection Agency's
404(b)(1.) guidelines. Subject to the preceding sentence and any other applicable guidelines or
criteria, a permit will be granted unless the District Engineer decides that it would be contrary to
the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties to consider and evaluate the
impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to decide whether to issue, modify, condition or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public interest factors listed
above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to decide the need for a public hearing and to decide the
public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit will not
be made until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act. The NCDEM considers
whether the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean.
Water Act. The application and this public notice for the Department of the Army (DA) permit
serves as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the Environmental Operations Section, North Carolina Division of Water Quality
(NCDWQ), Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such
materials will be furnished to any person requesting copies upon payment of reproduction costs.
3
nr
C
oq
<n T ?
?• ROWLAND (U.S. 301) 13 MI.O Q O
0 10
-,j CP
? 1i9 o /' )/ i Q P3 G"
0 :z
C) -4
-4 -f
4t cn
r1l
?••.1 p, / ', ,. C ,.?
114
v5'• 7s' : it/' `?,.uildr?"` --a/"' 1` .« (; .'?/ [s]
lo- ??? \ .-J? ° M ?^' } ?.1 • • ? ' `?: t ? A ? ?r
'? ; o4p'aa ?/x ? a i?+?•-• / / ~..li-? ? ?J ; ? ' `:-. J ? i T I?? %; f n. I + ? •? °'?'•?. ? N ...? .?
-1?7 LO
01
/ oo/ / ?•''v @ aoi O
3 ,'?----? ? ??;??z Win.; ``. I? . :? I#. ? 'f ? e, J •;"??? ? Q
I,?:?? 11''? 4?}?TII? 1??T?+ A \?i•p$?'' ?' ?/?' }` ?? ' ,Y' it ? "' ,•/? /?L\ r??, ••.?`?,? `n O , {J? '?I
`I i'j; ?.-
I'
'1• # fl + k0016
?•?,+?1 ?' ?1 }? I ICI I ? .I +#. ?I I?, .`, . '`, /. ai m rt1
1 N \I /Ip I f I} TI? ;'? ?';?II,i / 4 y0jp
/uJ ??' '?•?V? !? '?i #. ?II ? ? I '?` f I T1 'br?\V` ;?. ? ? .v/p a ?? •; ? ti? ! O ? v
''•'I , `' H/'•.O \. `?l? /?? ? ?? ? I ? T ,'
1,4 -1 F
(6 p o ?`t a?' \l\ ^r? I fl
y? ?1, _?? I ./ ' ?11?11 N
fill I
\/ / a WE /-
i N 7/f\? :r1 I1 ?` t f1.' 1A ?•?'
iv
'E
1??tY./^~.. ??1 11 I j 4 ; 7. FI I' ?, f *I i! +:\/ t,?L
'? ??, i ill •,?.. .?
//, ?1'v...7`3- .~ v a . ?U?/ti-•` ?II.A ~'` ? '' I r 1 I!?'r } ¢:?? ? '' v
Oil t "I
/ /'° y"?. ? ? ?/J `fir f?l: r ??N!;% 4'v?• ? y , ? ' ??4 + # ? '
1(? •A
1 1
G p .,
LD
NG 1,30
vr.?,n
. ° o 0
o?
rn ?_
r
O -, r
U1 9' o
are °y?
?C4 H
C
-?
O
15
I IZ
10

H ? o
J
n ? aA
r
7 ? c?
+
m
i y

a
sm -„
m
0

NG i3o

MT
r
G / ?rnr am
m 20
0 0
? °
0
o?
r
O . T
a
c
a ? y
? Nom. yy
Jv ? ;N
o cb
.? a
fi
i ?
S ?
CC
a
d+
O
IC ?
r
m
0

r
a9
0
w? o
ROWLANO (U.S. 301) 13 M/. O? Q0 I^
•
v ?? ° . • 1;,p1'?'v .?' a `l ``' '?- 'S _ ??\` `? ` '• !?LL" ?, = w_ ?
9 1. ^iT ••g--_-- ? V
Uri-
?, ; ? ., a ? ? t • ??'?• . ??., mZ
y
N) ..m, ••. as A ril
\ `-< ° Cv ; .• ?t , 33.1 ["
.?
/i ' - .-ate ?xi .? ?? I .y •. ? rn F?•?
qb'. ') A ?. i if !.f .till) /"'/'??- ?-"a : • ... ' ?' ; •? l+J
W?
ti? II F 2 / ° % a •.. ? ? e ° oqp . q ' " •• ? Fey
i ; v v.
%
3~
? j oM`o,r?l•l ?aa i? / /,, C?-? ????? .,.???.,? ail I•-'•--' /fi t),'i ' _ °;;?. •'Y}•-?•?. y ?
/r c ?,t ?? ?a `? ? '?f^? N ? ??1? i ,?.- ??fl I I {v? ? ° • g`sW??• ,° N ?/?
'A+? s• T? V I
01 --t
IN.
r :?
,I I i' )¢ fr,.\?~ !411!4 , 'I \
I: ' t ? ._._-,,.? .? ?;?' ? ?, ?` . ; ? 141 6; ? '4; _ ?; -- ,•'`• _ c ,..... I
X1,4 } ?,? #? ? ? I?k?•1.. ??--°??': ;r IT Ii I? is •. :" •.'? ? ?/ ?"? L I 1
.II?I?I'}??I?`I I?;1:?1 ?) '}I'i j ?? .\` ??I?• •?'I}I' I •• _?' % ??? lY ?? ? p ? ?"
,? :? 4 I !} :? ?I? I f?1 ,F,?I!k •41'1 I .' ' ? /._`` ?. • ! Q,`, / ??a0 'd mm
E ?I } I I,?I IF
1.•• r
Op 411k 1*#I``I II Iii?44 klfl I I 1?1' W' ?•1(,?'?r?'6 ??• / t,
% 7`b
may/\t) ( ?/` j I i ?I } I I ' ;} 't ' *' I) r a S. ,?( l ! ;
° ( ` ^1 ? `? lr., ? ? } '} •' i ? ? ? • _ rte.' .-c---' / •, f • { .Ir o+
U ?' II• '/ C ??"\ ' ,?•. ?I !1 fi I ' Y ilk 1 / 4 1'? / Jr /! 7
?° o ..... ! % 40, ??l "`? I 11 ¢ •i; 1?? i It I -./
^W \ I l Ir
?i'1 (mil ^ / ?, c?? • ,, \? ? ' ?? ? I ;p 1' I?\I q j +' I ? ., 4?--.^.',i-`--' t .• , .,?
?J,i ? -.' / ?e •?' .'??°?/ ,?'i l.A ?' J ' I?. Ik l.l:??l}II ?`I ,?`: ?1 ?`h?,?l? ?
J ,??'l?/??••a,'" :• ':c. !ax ?? '1? ,',<? +?'?'??•? ,?k+?l??•k}It?I??,I?Is.
` ? ." • ° ° ?, +? ? "'? ? n fib ? ?'
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO December 9, 1999
Regulatory Division
Action ID No. 199800981
Mr. John Dorney
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
Dear Mr. Dorney:

Enclosed is the application of Mr. Gary Deese, Department of the Army authorization and
a State Water Quality Certification to discharge fill material into approximately 156 acres of
wetlands to construct pasture and ponds, near Fairmont, Robeson County, North Carolina. Your
receipt of this letter verifies your acceptance of a valid request for certification in accordance
with Section 325.2(b)(ii) of our administrative regulations.
We are considering authorizing the proposed activity pursuant to Section 404 of the Clean
Water Act, and we have determined that a water quality certification is required under the
provisions of Section 401 of the same law. A Department of the Army permit will not be granted
until the certification has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days after receipt of a
request for certification is a reasonable time for State action. Therefore, if you have not acted on
the request, or asked for an extension of time, by February 9, 2000, the District Engineer will
deem that waiver has occurred.
Questions or comments may be addressed to the undersigned, Wilmington Field Office,
Regulatory Branch, telephone [phone].
Sin rely
G
Scott McLendon
Regulatory Specialist
Enclosure
MIKE McINTYRE
7TH DISTRICT, NORTH CAROLINA
COMMITTEE ON AGRICULTURE
SUBCOMMITTEES:
RISK MANAGEMENT, SPECIALTY CROPS
AND RESEARCH
LIVESTOCK AND HORTICULTURE
COMMITTEE ON ARMED SERVICES
SUBCOMMITTEES:
MILITARY PROCUREMENT
MILITARY READINESS
CO-CHAIRMAN
RURAL HEALTH CARE COALITION
REPLY TO:
Lumberton office
Mr. Scott McLendon
U.S. Army Corps of Engineers
Regulatory Division
P. O. Box 1890
Wilmington, NC 28402-1890
RE: Gary W. Deese
SSN 243-80-1614
Dear Mr. McLendon:

October 25, 1999
W1L'
119-131
WASHINGTON OFFICE:
1605 LONGWORTH BUILDING
WASHINGTON, DC 20515-3307
[phone]
FAX' [phone]
DISTRICT OFFICES:
218 FEDERAL BUILDING
FAYETTEVILLE, NC 28301-5088
[phone]
701 N. ELM STREET
LUMBERTON, NC 28358-4895
[phone]
208 POST OFFICE BUILDING
WILMINGTON, NC 28401-3957
[phone]
Enclosed you will find an Application for Permit which has been completed by Mr. Deese. I
would kindly request that you keep my Lumberton office informed as this matter progresses. My
office would also like to participate in any on-site visits conducted by the Corps.
My Lumberton office address is 701 North Elm Street, Lumberton, North Carolina 28358. The
telephone number is 910-671-6223.
Thank you in advance for your consideration of this application on behalf of Mr. Deese. I look
forward to hearing from you.
Sincerely,
Mike McIntyre
Member of Congress
MM:mt
eongregg of the Nniteb &tateg;
i0ouge of Repregentatibeg
Ma.5bington, W 20515-3307
PRINTED ON RECYCLED PAPER
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT ( OMB APPROVAL NO. 0710-003
(33 CFR 325) Expires October 1996
Public reporting burden for this collection of information is estimated to average 5 hours per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send
comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to
Department of Defense, Washington Headquarters Service Directorate of InformationOperations and Reports, 1215 Jefferson Davis Highway, Suite
1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC
20503. Please DO NO RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10; 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting,
navigable waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged
material for the purpose of dumping it into ocean waters. Routine Uses: Information provided on this form will be used in evaluating the application
for a permit. Disclosure: Disclosure of requested information is voluntary. If information is not provided, however, the permit application cannot be
processed nor can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this
application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed
activity. An application that is not completed in full will be returned.
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORP
1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETED
O T C M C RC1 AW T A RC F O J F A OV ADD/ lr`A AM
5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required)
Gar W. Deese / Edwina L. Deese
6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS
P. 0. Box 306
Fairmont, NC 28340
7. APPLICANT'S PHONE NOS. W /AREA CODE 10. AGENT'S PHONE NOS. W /AREA CODE
a. Residence [phone] Home # a. Residence
b. Business 910 738-3047 Work b. Business
11. STATEMENT OF AUTHORIZATION
I hereby authorize, to act in my behalf as my agent in the processing of this application and to
furnish, upon request, supplemental information in support of this permit application.
APPLICANT'S SIGNATURE DATE
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
Agricultural Pasture sprigged with Tifton 44 and Pond
13. NAME OF WATERBODY, IF KNOWN (ifapplicab/e) 1 14. PROJECT STREET ADDRESS (ifappiicabie)
Old Field Swamp
15. LOCATION OF PROJECT
Robeson
COUNTY
N. C.
STATE
13788 HWY 130 E.
P. 0. Box 306
Fairmont, NC 28340
16. OTHER LOCATION DESCRIPTIONS,. IF KNOWN, (see instructions)
See attached N.C. Deed of Trust
17. DIRECTIONS TO THE SITE HWY 130 toward Fairmont. Intersection of old stage
road and HWY 130. Turn left on Old Stage Road. Property is
located corner of Old Stage Road and to the Bridge of old
field swamp on left side of road.
ENG FORM 4345, Feb 94 EDITION OF SEP 91 IS OBSOLETE. (Proponent:
CECW-ORT
18. Nature of Activity (Description of project, inc/udea//features) See attached MAP. 1A approx. ' mile long and approx. 8
feet in width and depth is approx. 5 feet. 1B (the pond) is 80 wide and 50 long. 1C 50
feet wide and 75 feet long. 2A is 30 feet wide and 70 feet long. 2B approx. 30 feet wide
and 150 feet long. 3A Ditch B is approx. 8 feet wide and 200 feet long. Area A 3B approx.
7 acres cleared and sprigged with Tifton 44. 4A is remaining property to be cleared and
establish pasture land.
19. Project Purpose /Describe the reason or purpose of the project, see instructions/
Purpose was to clean and widen existing ditches and dig a pond to be stocked with fish.
Clear timberland to be use as horse pasture land. 15 acres of land to be cleared and
USE BLOCKS 20-22 IF DRE D AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
Cleaning and widing.existing ditches and planting with Tifton 44 for
erosion control and prevent flooding of neighbors property as well as mine.
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
Sand and clay. Sand is about 40 yards and clay about 10 yards. Black dirt about 50 yards.
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
Rock check dam between filled area D and Ditch B (3A) highlighted in red 4B. Track
backhoe. Sloped and planted grass seed.
23. Is Any Portion of the Work Already Complete? Yes X No IF YES, DESCRIBE THE COMPLETED WORK
See MAP. Area lA thru 1C was existing ditch widen and cleaned out and pond dug. Areas 2A,
2B new ditches were developed. Ditch 3A was extended 50 feet. Highlighted in orange and
blue. Area 3B was cleaned of stumps, leveled and sprigged with Tifton 44 (See item #21)
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here,
please attach a supplemental list).
See attached North Carolina General Warranty Deed for addresses of adjoining property owners.
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application.
AGENCY _ TYPE APPROVAL* IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
Verbal approval by Kim Wolfe and David Rabon.
*Would include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. 1 certify that the information in this
application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the
duly horized agent of the applicant.
SI ATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.
' U.S.GP0:1 9 94-5 20-4 7 8/8 201 8
-? the note(s) secured thereby has been satisfied in full.
This the day of
Signed:
19 ., - ---- I :;? / e
Recording: Time, Book and Page
Tax Lot No. Parcel Identifier No.
Verified by
County on the day of
------------
Mail after recording to Earl K Strickland.
This instrument prepared by Earl IE Strickland.
Brief Description for the index
NORTH CAROLINA DEED OF TRUST
TIES DEED of TRUST made FEBRUAR V
GRANTOR
GARY WAYNE DEESE and
EDWINA LYNN PHILLIPS
1999 , by and between:
TRUSTEE
:EARL H. STRICKLAND
BENEFICIARY
MARGERY P. WALLACE
1502 LAKE VIEW ROAD
FAIRMONT NC 28340
Enter in a to riate block for each rty. name address, and, if a ro riate, character of entity , e.. co 1 ration or Lrtnershiv
The designation Grantor, Trustee, and Beneficiary as used herein shall include said parties, their heirs, successors, and assigns, and shall include sin lar lur:
masculine, feminine or neuter as required by context.
Su >P
WITNESSETH, That whereas the Grantor is indebted to the Bene6ci in the _
cial sum Of THEN
(S13,000.00), as evidenced by a Promissory Note of even date herewith, the terms of prin whi ch are incorporated eherein T ?OUANDA gal due date for Ym
of said Promissory Note, if not sooner paid, is AS PROVIDED IN NOTE Dolls
pa en
NOW, THEREFORE, as security for said indebtedness, advancements and other stuns expended by Benefici
of collection (including attorneys fees as provided in the Promissory Note) and other valuable consideration, the receipt of which is hereby acknowledged, tf..
Grantor has bargained, sold, given and conveyed and does by these presents bargain, sell, ive ? pursuant to this Deed of Trust and cos
assigns, the parcel(s) of land situated in the City of g > grant and convey to said Trustee, his heirs, or successorsan
particularly described as follows: Township, Robeson County, North Carolina, (the "Premises") and mot
In Old Field Swamp and bounded on the North by the Public Road and on the East by the land of the Floyd Estate and on the
and South by Tract #4. This being the upper half of a 60.5 acre tract of Old Field Swamp lands of the Pittman Estate. BEGIN Wes
NINC
at a stake in the center of the public road where the High Water line of the Swamp crosses said Road, a corner of the Floyd Estate anc
Pittman lands and runs as center of said road S 40 degrees W 10.00 chains to a dividing corner of tracts 3 and 4, and runs thence
the dividing line of aforesaid tracts of land, S 31 degrees 02 minutes E 37.61 chains to a stake by pointers in the of ae
the
Swamp; thence as the high water line N 13 degrees 30 minutes E 4.71 chains to a stake and poi ters N 36 degrees 1h
minutes a W 3.34
chains to a stake and pointers N 11 degrees 15 minutes E 4.76 chains to a stake and pointers; N 59 degrees 15 minutes W 1.51 .34
to a stake and pointers; due North 9.00 chains to a stake and pointers N 9 degrees W 1.96 chains to a stake and pointers N 24 W4.4.40
chains to a stake and pointers; N 50 degrees W 105 chains to a stake and pointers; N 15 degrees W 1.50 chains to a stake and 0
pointers;
N 65 degrees 30 minutes W 2.50 chains to a stake and pointers; N 53 degrees W 2.00 chains to a stake and pointers' N 69
degrees 30
minutes W 1.80 chains to a stake and pointers; N 27 degrees 30 minutes W 1.36 chains to a stake and pointers N 21 degrees 30
E 2.10 chains to a stake and pointers; N 11 degrees 16 minutes W 2.34 chains to a stake and pointers; N 60 degrees 30 minutes W 3.00
chains to the beginning, containing 30.30 acres. minutes
.f
IA is the only access to old field swamp. It was an existing ditch.
1 A Recommendations: Block main access with a dam and use overflow pipes 2-3 feet above
water level. This would prevent water from the pond from entering Old Field Swamp. Also, the
overflow pipe will assist in controlling water during heavy rains and also prevent flooding the
neighbors.
1 B has a 12' grassy clearing between Old Field Swamp and a ditch that comes to a dead end.
There is no way for water to enter old field swamp. Highlighted in red.
1B Recommendations: Leave as is.
2A Recommendations: backfill this area about 25 feet, this was new ditch added (in red).
2B is the remaining part of 2A. This area was cleaned out because in summer months this area
woulg dTyw The- f4h bRA gw§$
hundred fish dead in this area (Ditch B highlighted in orange).
3A/3B are one of the areas that Mr. David Rabon and Kim Wolfer said I could dig a pond
without a permit because it was dry land. Now Mr. Scott McLendon says I must to backfill this
pond.
3A/3B Recommendations: Dam the area highlighted in purple with overflow pipe to prevent
flooding.
3C this dirt is to be pushed back into the pond as shown in photographs 3A/3B.
3C Recommendations: That area not be filled in. Take the dirt to the left of red line and slope
back to the tree line. This area is sprigged with Tifton 44 Bermuda grass. These ponds have
brought Canadian geese and ducks into the area. See notes 3A/313
4A in pink this area can be filled.
4B Highlighted in blue is stocked with fish. This area has no access to any other waterway
4B Recommendations: This area remains as is. There is no outlet to old field swamp. The map
shows 19.2 acres as woodlands to the right of picture 4B and to Old Stage Road is where Kim
Wolfer also said I could dig without a Corps of Engineers permit.
5A is the land to the right of picture 413, however, this land was no cleared and was part of the
timberland.

5B,C, D this area was timberland. Timber was cut around 1997 then cleared of stumps in
February, 1999 and sprigged with Tifton 44 Bermuda grass and seeded with Pearl Millet in
April, 1999. Corps of Engineers wants this area pushed back into ditch 6A,B.
5B,C,D Recommendations: Do not back fill this area. If this ditch is back filled, my neighbors
will be flooded out. 6A was an existing small ditch that was widened and cleaned out to prevent
flooding of Mr. Oscar Floyd's property.
7A is the roadway Corps of Engineers said to push back into photographs 3A13R,
7A Recommendations: Slope to the left of the red line. This would prevent any contamination of
wetlands and preserve the duck, goose. and fish populations. This area is also planted with
to t tart J?o,
7B was an existing ditch that was widened to create the main pond. When digging into this area
the current road area was dry. The red dots indicate flag area.
7B Recommendations: Make an embankment and slope to left of red line.
7C Recommendations: To leave as is and slope to left of red line.
7D the dirt left of flag marker supposed to be sloped and pushed up to flag marker.
7D Recommendations: Slope to the left of red line. This would allow me to use the tractor to
bushhog around the pond.
7E Recommendation: Slope to the right of red line to maintain road. The entire road has been
sprigged and planted with Pearl Millet.
7F slope to the left of red line to maintain road area.
7G Recommendations: Slope to the right of red line. This area was part of the timberland in
photograph 5A, which was the only other part of the property I was going to use for pasture land
along with 5B through 5D.
!352 ??'S?w?1 13n ?.
-? 44 3 0 x J
PRIVACY ACT RELEASE FORM
(From the Office of Congressman Mike McIntyre)
Name (Please Print): 0
Address: R 0 • dok 2D rv /-/w y /go e:? IY79
City, State, Zip Code: 61414,2 W,v 7` t J
Telephone Number (Home): 9l0 (Work):
w*#*w***+##w**w#*+ww*##ww*######*#####w#**#w**#######w***#####*#w*w+#w****#*###w*##w##w*####*##w##*##+**w***#w**#**ww***w#*****#w*ww
(PLACE A CHECK MARK IN THE APPROPRIATE SPACE BELOW)
Request Case Opinion/Suggestion Legislation
(OFFICE CONTACTED FOR ACTION)
Washington Fayetteville Lumberton Wilmington Mobile Office
PRIVACY ACT STATEMENT
Dear Honorable Mike McIntyre, I authorize your office to obtain any information pertaining to my request for assistance with a
matter involving the following government agency:
####################################################################################################################################
Identification Number {
(if applicable) Social Security Number VA File Number
OPM laim Number Workers' Compensation Claim Number
Signature Date
##ww*##*###w*ww##ww*###* w#**###*####*#**###w####ww+#####*#*########*###**###*w###** w##**w####*##w#w*###*##*w########ww####w#*##*
REMARKS: (Continue remarks on the back of this form, if necessary.)
Please include a copy of the latest communication from the government agency, if applicable.
s
NG 130
,!
Z
l
I
1
c
o
of
m ?

70
J
Pr
I?

? v"1 1
?IJ I

T
9_ -A
o,
S n
t
i
o
N
1
r
I?
i

Z
Z
W
0
?a

State of North Carolina
Department of Environment
and Natural Resources / AT.R;WA •
Division of Water Quality
James B. Hunt, Jr., Governor D E N R
Bill Holman, Secretary Kerr T. Stevens, Director
Division of Water Quality
Environmental Sciences Branch & Wetlands/401 Unit
Location: 4401 Reedy Creek Road
Raleigh, N.C. 27607
Mailing Address: 1621 Mail Service Center
Raleigh, N.C. 27699
FAX: [phone]
FAX TO: I / ll f I FAX NUMBER: I
FROM: CPHONE' l
NO. OF PAGES INCLUDING THIS. SHEET:
If you receive this fax by mistake call: ESB [phone] or Wetlands [phone].
I
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID No. 199900981
J
December 13, 1999
PUBLIC NOTICE
MR. GARY DEESE, POST OFFICE BOX 306, FAIRMONT, NORTH CAROLINA
28340, has applied for an after-the-fact Department of the Army (DA) permit TO PLACE FILL
MATERIAL INTO APPROXIMATELY 15 ACRES OF JURISDICTIONAL WETLANDS
ADJACENT TO OLD FIELD SWAMP, NEAR FAIRMONT, ROBESON COUNTY, NORTH
CAROLINA
This public notice does not imply, on the part of the Corps of Engineers or other agencies,
either favorable or unfavorable opinion of the work done; but it is issued to solicit comments
regarding the factors on which a final decision will be based. Legal action has been suspended
pending the outcome of this consideration. Work that has been completed includes the
excavation of ponds, ditches, access roads, and clearing and filling of wetlands for pasture.
The following description of the work is taken from data provided by the applicant and
from observations made during site visits by a representative of the Corps of Engineers.
Mr. Gary Deese has commenced the conversion of wetlands adjacent to Old Field Swamp
to high ground for pasture, ponds, and drainage ditches.
Impacts to waters and wetlands associated with completed work are as follows:
Approximately 7 acres of land downstream (east) of the existing bridge over Old Field
Swamp at NC Highway 130 (Old Stage Road) has been cleared, stumped, partially filled and
planted with bermuda grass and "Tifton 44".
A drainage ditch, pond, and road along the northern property boundary has been installed.
Two ditches have been excavated perpendicular to the run of Old Field Swamp and earthen
material placed into jurisdictional wetlands.
A ditch parallel to Old Field Swamp has been excavated and earthen material placed into
wetlands on the south side of the property.
In addition, the application shows the clearing of approximately 5 additional acres of for
pasture.
t?
An unscaled map showing the approximate location of the work is included with this
public notice.
According to the applicant, a portion of the property was clear-cut prior to the
commencement of his work.
Wetlands to be impacted by the proposed project are dominated by a mixed overstory
containing sweet gum (Liquidambar s , aciflua), green ash (Fraxinus pennsylvanicus), bald
cypress (Taxodium distichum), and loblolly pine (Pinus taeda). Wetlands adjacent to the project
site are seasonally to permanently flooded with the primary hydrologic input from Old Field
Swamp located on the south side of the property boundary. Old Field Swamp eventually drains
to Hog Swamp and the Lumber River southeast of the project site. According to the Robeson
County soil survey, the property is underlain primarily with Johnston Soils.
A mitigation proposal to compensate for all unavoidable impacts to wetlands associated
with the project was not received with the application. The purpose of the work is to create high
ground for pasture.
The State of North Carolina will review this public notice to decide the need for the
applicant to obtain any required State authorization. No Department of the Army (DA) permit
will be issued until the coordinated State viewpoint on the proposal has been received and
reviewed by this agency, nor will a DA permit be issued until the North Carolina Division of
Water Quality (NCDWQ) has decided the applicability of a Water Quality Certificate as required
by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean Water Act (33
U.S.C. 1344). Any person may request, in writing within the comment period specified in the
notice, that a public hearing be held to consider this application. Requests for public hearing
shall state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of
Historic Places for the presence or absence of registered properties, or properties listed as being
eligible for inclusion therein, and this site is not registered property or property listed as being
eligible for inclusion in the Register. Consultation of the National Register is the extent of
cultural resource investigations by the District Engineer, and he is otherwise unaware of the
presence of such resources. Presently, unknown archeological, scientific, prehistoric, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed
activity will affect species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
2
The decision, whether to issue a permit, will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the
public interest. Evaluation of the probable impacts that the proposed activity may have on the
public interest requires a careful weighing of all those factors that become relevant in each
particular case. The benefits that may be expected to accrue from the proposal must be balanced
against its foreseeable detriments. The decision whether to authorize a proposal, and if so the
conditions under which it will be allowed to occur, are therefore decided by the outcome of the
general balancing process. That decision should reflect the national concern for both protection
and use of important resources. All factors that may be relevant to the proposal must be
considered including the cumulative effects of it. Among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (according to Executive Order 11988), land use, navigation,
shore erosion and accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of property ownership,
and, in general, the needs and welfare of the people. For activities involving the placement of
dredged or fill materials in waters of the United States, a permit will be denied if the discharge
that would be authorized would not comply with the Environmental Protection Agency's
404(b)(1) guidelines. Subject to the preceding sentence and any other applicable guidelines or
criteria, a permit will be granted unless the District Engineer decides that it would be contrary to
the public interest.
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials; Indian Tribes and other interested parties to consider and evaluate the
impacts of this proposed activity. Any comments received will be considered by the Corps of
Engineers to decide whether to issue, modify, condition or deny a permit for this proposal. To
make this decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects and the other public interest factors listed
above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to decide the need for a public hearing and to decide the
public interest of the proposed activity.
Generally, the decision whether to issue this Department of the Army (DA) permit will not
be made until the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives
State certification required by Section 401 of the Clean Water Act. The NCDEM considers
whether the proposed activity will comply with Sections 301, 302, 306, and 307 of the Clean
Water Act. The application and this public notice for the Department of the Army (DA) permit
serves as application to the NCDEM for certification.
Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the Environmental Operations Section, North Carolina Division of Water Quality
(NCDWQ), Salisbury Street, Archdale Building, Raleigh, North Carolina. Copies of such
materials will be furnished to any person requesting copies upon payment of reproduction costs.
3
All persons wanting to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the North Carolina Division of Water Quality
(NCDWQ), 1621 Mail Service Center, Raleigh, North Carolina 27699-1621, on or before
January 14, 2000, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be received in
this office, Attention: Mr. Scott McLendon, until 4:15 p.m., January 18, 2000.
4
r
w O-1
w w
3 cu 0
! o; „ z o
- RDWLAND (U. S. 301) 73 M!. ?°
r- 03
b /?jZ Vmm'
13% riq -j
100
Ell
z
CW,
c, CO
//. .„/ // \ 111 /'?, ///?"? \`?\ i 1a •'?! ?'< 3 CO
r:r?\° /i;/ "? pp°t 'r..?i. . ;,' : (1 .. ,,rn .• y K' '"i
°+°Ibw O m
/, m r' %/ ?/ • ° I ao3, . \ \ o \b??/y?\/ ?- ?- /-T' ?^, /// L , ' , I ti •`_- 'L ! I'? 2
/6 ?Jm.1 ?o ???^ "O `? ?tyi i _lu? ???? is ••;-?;?.•? 0; .. II` y O
r o' ?
17
Q
"r..?•r
,? i I I\? ! I I I I i \/?% Gnu // \ \ v
?I I.EI:iI?I !'II .ICI I .\,?f I OBI ?1" ?I / ii Q
'I ,? i ?'? I(: I'F' \ ''( T I? I IL r 1(: If I I I? (: i'?.r? I F :F' I °
!I I i I IIi?I F 'PI r' pI IF F . I b J ??jr of • /? / c`y\%c =? 1
. iI I IEI ?!I I I?" O \\
k i IF I "I I `! I7 I IE i IE ! I I I I ,? 4 / '.. \o..? o?-, /
(p ?
5 I I E E I \ ` C `?o?/ o ° ?
I S °
IF LTI
? ? ?.? ?'-' \ iF I? ? !C; I I `? I IF I L '? I ,c I I?\ b/ G ??; [?{1y '? l` //yJo o ? / ° ? ? \Ih °'
I???
i D4; 1\ / O j i I IE I; r J r i
/• ? /.J ?.?i+o J.'-? '-?• e? -a, \l ? 16 I! E ? L.I' I( I I-. / i /.- ?.?? i /rel. ` \\
,
???? ? ? " ?y'o fam "% ?'? I •? \ / !?' I L ;o li\' !? ? 'III , , ?,f?F?- ` i • _
a °i I / •1? / ? ?7e? / ', ?/ ? ?'y , i ? `,? L I[: I? i ; ? I?! I?Ykk ;? F ? I ;? i If .I? I !? IE I I? I? ? ?
" I , F I I I II! ;FF
`e ? ?. ? ° . ??",?°?/ ;• ( ?i l.? ??/?`, ''?' ' `? ! .' I? ? I? I ? I? III! '?, ,? ? ;???•?,
I'
'
IF I IE ,? ? I F I If: I •? 'F I! I? I Ikl ? ,?. , IF
° i1 o' • ° / 's • \`?1? i ?lj ?>' oil It IF' E I I ?n ! I I ,
J( I
$ o / ?? / .;11 I ° p u a/J/ \ V/?? '? E t t I IL, I' Ip I

a 'r
G
LA
NG i3? l

D?r??m
G /

?' 33 m a
d ?
0
0

0 /
G
1 /
,, r IIIGGG
rn
r
?

a

( 4

W

! D

_
N
o
O

•
a ? O U

• n, ti
\
1
r ?
v
0

a

der

f ??S
• r
i
O ?
-? o
I4 ?
r
zt
to

,: ,r'R
UNITED STA'T'ES ENVIRONMENTAL PROTECTION AGENCY
• A .
?Sel)
4WM-WCNPS/KM
Colonel James W. DeLony
District Engineer
ATTN: Mr. Scott McLendon
REGION 4
Sam Nunn Atlanta Federal Center
61 Forsyth Street, S.W.
Atlanta, Georgia 30303 - 8960
07

Wilmington Regulatory Field Office
Wilmington District, Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 28402-1890 G"
SUBJ: Gary Deese
Action ID No. 199900981
Dear Colonel DeLony:
1.$ n
The U.S. Environmental Protection Agency, Region 4 Wetlands Section has reviewed the
public notice for an after-the-fact permit for Mr. Gary Deese, to place fill material into
approximately 15 acres of jurisdictional wetlands adjacent to old field swamp, near Fairmont,
Robeson County, North Carolina. According to the public notice, the purpose of the proposed
activities was to create high ground for pasture. No mitigation is proposed.
The U.S. Environmental Protection Agency (EPA) has reviewed this proposal and sees no
evidence that there was any attempt to avoid or minimize the impact generated by the project.
Prior to a discharge of fill material into waters of the United States, the 404(b)(1) Guidelines of
the Clean Water Act require a sequential evaluation and reduction in impact. By Memorandum of
Agreement (MOA) between the U. S. Army Corps of Engineers (Corps) and EPA dated February
6, 1990, this sequencing may be circumvented when the Corps and EPA agree that the proposed
discharge is either necessary to avoid environmental harm, or can be reasonably expected to result
in environmental gain or insignificant environmental loss. At this point in time, we have not
agreed that this project meets these requirements. From the public notice, the impacted area
appears to be a high quality forested riverine swamp. Areas such as the one impacted are
important to North Carolina in terms of water quality, water quantity, sediment stabilization, and
wildlife habitat and food chain maintenance. It appears that there may be other project designs
which will not cause such a significant impact to wetlands. We will gladly review the alternatives
analysis, if one is available.
It is the opinion of EPA that this project, as proposed, may result in substantial and
unacceptable impacts to aquatic resources of national importance. This design does not avoid,
minimize or compensate for the proposed impacts, and therefore appears contrary to the
404(b)(1) Guidelines of the Clean Water Act (Guidelines).
'.' . ' r it
2
EPA notes that although fill in wetlands constitutes 15 acres of impacts, it appears from
the public notice that a much larger acreage of wetlands was and continues to be impacted by
excavation of drainage ditches and the pond. Further, the accelerated drainage of the site
by the ditches will potentially cause adverse water quality impacts to Old Field Swamp and Hog
Swamp, which are located downstream of the project area.
Because EPA does not believe that this project has complied with the 404(b)(1)
Guidelines, and because of the direct and secondary impacts to high quality forested wetlands, we
request that authorization for this project be denied. Further, we recommend that the permit
applicant be required to restore the impacted area. This letter follows the field level procedures
outlined in the August 1992 Memorandum of Agreement between the EPA and the Corps, Part
IV, paragraph 3, regarding Section 404(q) of the Clean Water Act, 33 U.S.C. §1344(q). Thank
you for the opportunity to comment on this project. If you have any questions regarding these
comments, please contact Kathy Matthews at the above address or by telephone at (404) 562-
9373.
Sincerely,
illiam L. Cox, Chief
Wetlands Section
cc: USFWS, Raleigh
DWQ/NCDENR, Wilmington
DWQ/NCDENR, Raleigh?
J

The Peoples National Bank
March 24, 2000
Mr. Allen S. Davis
Department of the Army
Wilmington District, Corps of Engineers
P.O. Box 1890
Wilmington, North Carolina 28402-1890
RE: Regulatory Division, Action ID 199901407
Block 5A Long Beach Properties
Dear Mr. Davis:
Robert E. Dye
Chairman and CEO
In your March 21, 2000 letter concerning an application we made on the above
referenced project, you indicate that the North Carolina Division of Coastal Management
(NCDCM) responded that the project might be in conflict with the North Carolina
Coastal Management Program and with the rules and regulations of the Coastal Area
Management Act. You advised that we revise our plans to satisfy the interests of the
NCDCM and notify you in writing of our intentions.
Having review the Division of Coastal Management letter, please be advised that we are
in the process of revising a proposed development plan to attempt to better satisfy those
interests. When plans are sufficiently developed for consideration, we will forward them
through the regulatory channels.
Thanks for your offer of assistance in processing the application and for coordination
with the review agencies. We hope to continue that pursuit as soon as possible.
Sincerely,
Robert E. Dye
Managing Partner
Block 5A Long Beach Properties
Post Office Box 1989 - Easley, South Carolina 29641-1989 - 864-859-2265
R
Page 2
Mr. Allen S. Davis
CC: Mr. Todd Ball
East Coast Environmental Consultants, Inc.
6482 Rolling Run Southeast
Southport, NC 28461.
Mr. Doug Huggett
NC Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, NC 28516
Dr. Garland Pardue
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
POB 33726
Raleigh, NC 27636
MAR 2 7 1
Mr. William L. Cox, Chief
Wetlands Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
Atlanta Federal Center
61 Forsyth St., SW
Atlanta, GA 30303
WETLANDS GROUP
WATER DUAL" SECTION
Mr. John Dorney
NC Department of Environment and Natural Resources
Water Quality Division
1621 Mail Service Center
Raleigh, NC 27699