Cumberland Homes, Inc.

Regulatory Division
Action ID No 2006-00289
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890
June 16, 2008
Mr Danny Norris
Cumberland Homes, Inc
108 Commerce Drive
Dunn, North Carolina 28334
Dear Mr Norris

On December 26, 2007, we received a copy of the Restoration Strategy Plan - Revised
(Version 1 1), dated December 20, 2007, submitted on your behalf by your agent, Enoch
Engineers, P A to resolve violations of the Clean Water Act Specifically, Cumberland Homes,
Inc failed to obtain Department of Army (DA) authorization for a discharge of fill material into
approximately 0 20 acres of Section 404 jurisdictional wetlands adjacent to Reedys Swamp,
located at Lots 151 and 152, at the intersection of Spindale Place and Lattimore Road, in the
Northridge Plantation Phase III, Richmond Park Section III residential development, northeast of
NC Highway 87, Spout Springs, Harnett County, North Carolina We have enclosed a copy of
the Plan for your reference
Upon review of the Restoration Strategy Plan and the ensuing administrative record, we
have determined that this proposal to address the unauthorized activity is satisfactory, with the
following modifications and conditions
1) In accordance with the Plan, you are required to remove the 0 096 acres of
unauthorized fill material from the jurisdictional area on Lots 151 and 152 Upon
removal of the fill material, you must return the area to the original wetland grade and
seed with a wetland seed mix and/or plant with native woody species You must install
and maintain the proper sediment and erosion control measures, such as silt fencing, at
the downslope edge of your restoration area until the stabilize with vegetation You
shall complete this condition within 30 days of receipt of this letter
2) You shall conduct monitoring (visual) of the area for wetland criteria success and
erosion control for a minimum of three years or until the deemed successful by the
Corps of Engineers, Wilmington District (Corps) The restoration area shall be
evaluated using the wetland methodology of the 1987 Corps of Engineers Wetland
Delineation Manual
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You shall provide annual monitoring reports to the Corps by June 1St of each year, the
first submittal within 30 days of initial vegetation plantings
3) There shall be no removal, burning, destruction, harming, cutting or mowing of trees,
shrubs, or other vegetation within the wetland restoration area, except as described in
the Plan, until the monitoring period is complete and the success criteria have been met
to the satisfaction of the Corps
4) In order to compensate for impacts to 0 113 acres of non-riparian wetlands, you shall
make payment to the North Carolina Ecosystem Enhancement Program (NC EEP) in
the amount determined by the NC EEP, sufficient to perform the restoration of 0 339
acres of non-riparian wetlands in the Cape Fear River Basin, Cataloging Unit
03030005 Construction within jurisdictional areas on the property shall begin only
after the permttte has made full payment to the NC EEP and provided a copy of the
payment documentation to the Corps, and the NC EEP has provided written
confirmation to the Corps that it agrees to accept responsibility for the mitigation work
required, in compliance with the MOU between the North Carolina Department of
Environment and Natural Resources and the United States Army Corps of Engineers,
Wilmington District, dated November 4, 1998 As this authorization is after-the-
fact, you may not proceed with any additional construction at the project location
(except for the on-site restoration), or sell or convey any portion of this property,
until the Corps receives written confirmation (a copy of the NC EEP Receipt) that
this In-Lieu-Fee payment is satisfied.
5) In an effort to ensure continued compliance with the Clean Water Act, you shall
execute and cause to be recorded with the Harnett County Register of Deeds, a deed
notification, or similar legal mechanism, for Lots 151 and 152 prior to the sale or
conveyance of any or part of these parcels or within 30 days of receipt of this
correspondence, which ever occurs first This notification must clearly state that these
Lots contain jurisdictional Waters of the United States subject to the permitting
requirements of the Section 404 of Clean Water Act You must also submit a copy of
the recorded document(s) to the Corps within 15 days of recordation
If you do no further work in waters or wetlands, comply with the conditions listed above, and
the restore the wetlands to our satisfaction, the Corps of Engineers will take no further action in this
matter If you fail to perform the above, the Corps may refer your case to the U S Attorney with a
recommendation for civil prosecution Please be aware that we will consider any further
unauthorized work in waters or wetlands an intentional violation of federal law
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Should you have questions, please contact Mrs Jennifer Frye at the Wilmington Regulatory
Field Office, at [phone]
Sincerely,
Keith A Hams, Chief
Wilmington Regulatory Field Office
Enclosures
Copies Furnished (with enclosures)
Mr Jason Godwin
Enoch Engineers, P A
1403 NC Highway 50 South
Benson, North Carolina 27504
Mr Chad Turlmgton
N C Department of Environment
and Natural Resources
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, North Carolina 28301
Copies Furnished (without enclosures)
United States Attorney
Eastern District of North Carolina
310 New Bern Avenue, Suite 800
Raleigh, North Carolina 27611
Mr Ronald J Mikulak, Chief
Wetlands Section-Region IV
Water Management Division
U S Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
iiv Jo hn Hennessy
ision of Water Quality
N C Department of Environment
and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27699-1617