19980096 Ver 1_COMPLETE FILE_19980204

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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NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
February 10, 1998
Cumberland County
DWQProject #980096
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. W.G. Hayes
c/o Fayetteville Building Supply
1135 Robeson Street
Fayetteville NC 28305
Dear Mr. Hayes:
You have our approval, in accordance with the attached conditions and those listed below, to place
fill material in 0.2 acres of wetlands or waters for the purpose of constructing a road and a sewer line at
Whisper Lakes Condominium at Morgan Place, as you described in your application dated February 3,
1998. After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Numbers 3101 and 3106. These certifications allow you to use Nationwide Permit Numbers
12 and 18 when the Corps of Engineers issues them. 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. 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) (6) and (7). For this approval to be
valid, you must follow the conditions listed in the attached certification and any additional conditions
listed below.
1. Deed notification 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. Stormwater shall be directed to flow at non-erosive velocities across the floodplain buffers before
discharging into streams.
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
Paul Farley; Land Management Group 980096.Itr
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Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
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February 3, 1998
Mr. John Dorney
Division of Water Quality
4401 Reedy Creek Road
Raleigh NC, 27607
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Dear John:
Enclosed you will find a NWP 12 & 18 application by Mr. W.G. Hayes which proposes to
impact a total of 0.196 acres of wetlands (0.046 NWP 18 & 0.15 acres NWP 12) in Cumberland
County, North Carolina. The NWP 18 is necessary to provide a more safe road access adjacent
to an existing dam. The NWP 18 is necessary for a 20' sewer easement for a proposed 8'
sanitary sewer line. The sewer line will be installed and then returned to grade.
Thank you for your assistance in this matter. If you have questions, please contact Rob
Moul or me.
Sincerely,
Paul M. Farley
Wetland Scientist
Enclosure: 7 copies of application
cc: Allen Davis, C.O.E.
Ken Averitte, D.W.Q.
Renee Gledhill-Early, S.H.P.O.
Mr. W.G. Hayes

DEM ID- CORPS ACTION ID: '
NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1. NOTIFICATION TO THE CORPS OF ENGINEERS
2. APPLICATION FOR SECTION 401 CERTIFICATION
3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD OFFICE
OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7) COPIES SHOULD
BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES
SHEET). PLEASE PRINT.
OWNERS NAME: Mr. W.G. Hayes
c/o Fayetteville Building Supply
1135 Robeson Street
Fayetteville, NC 28305
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM MAILING
ADDRESS ABOVE): Tract is located off Mount Gilead Drive which is located offCliffdale Road between
Reilly Road and U.S. 401 By-pass in Cumberland County, North Carolina. Vicintiy map is located in
package..
TELEPHONE NUMBER (HOME): (WORK): 919-485-1111
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: Paul Farlev or Rob Moul. c/o Land Manaaement Group. Inc. P.O. Box 2522
Wilmington, NC 28401 [phone] [phone] (fax)
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC
MAP OR AERIAL PHOTOGRAPHY WITH SCALE):
COUNTY: Cumberland NEAREST TOWN OR CITY: Fayetteville
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
see above for description, vicinity map is located in package
6. IMPACTED OR NEAREST STREAM/RIVER: Beaver Creek
RIVER BASIN: Cape Fear River
7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH
QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (OR", WATER SUPPLY (WS-I OR
WS-II)? YES [] NO [x] IF YES, EXPLAIN:
7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [x]
7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? N/A
8a. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES [x] NO [x ] IF YES, PROVIDE ACTION ID NUMBER OF PREVIOUS PERMIT
AND ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
8b. ARE ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YES[ ] NO [x] IF YES, DESCRIBE ANTICIPATED WORK:
9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: - 50 acres
9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
-15 acres
10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING: 0.0.046 - NWP 18 EXCAVATION: 0.15 - NWP 12
FLOODING: OTHER:
DRAINAGE: TOTAL ACRES TO BE IMPACTED: 0.196
10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION):
LENGTH BEFORE: FT. AFTER: FT.
WIDTH BEFORE (based on normal high water contours): FT.
AVERAGE DEPTH BEFORE: FT. AFTER: FT.
(2) STREAM CHANNEL IMPACT WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL:
CHANNEL EXCAVATION: CONSTRUCTION OF A DAM FLOODING:
OTHER:
11. IF CONSTRUCTION OF A POND IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? NIA
12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL
EQUIPMENT TO BE USED (ATTACHED PLANS: 8 %" X 11" DRAWINGS ONLY): Fill is needed to
complete a proposed 8" sanitary sewer line across Beaver Creek as well as to to widen an existing dam and
travelway which is necessary for safety rasons. All work will be completed to acceptable building and
engineering standards.
13. PURPOSE OF PROPOSED WORK: See question 12.
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS):
Sewer easement is necessary to be in with existing sewer line and will be restored to grade after installation.
The fill for a road crossing minimizes impacts because the current site plan minimizes the need for fill by
utilizing the existing dam. No other fill is requested.
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS)
AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET)
REGARDING THE PRESENCE OF ANY FEDERALLY LISTED OR PROPOSED FOR LISTING
ENDANGERED OR THREATENED SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY
BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: No longer contact F&WS on PCN
applications per their request
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO)
(SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN
THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED: mailed application 2/3/98
17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF
PUBLIC (STATE) LAND?
YES[ ] NO [x] (IF NO, GO TO 18)
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OR FILL MATERIAL INTO WETLANDS:
a. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26,29 AND 38). ALL
STREAMS (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON THE MAP.
MAP SCALES SHOULD BE 1 INCH EQUALS 50 FEET OR 1 INCH EQUALS 100 FEET OR THEIR
EQUIVALENT.
b. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
c. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
d. ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
e. WHAT IS LAND USE OF SURROUNDING PROPERTY? Residential
f. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? County sewer
g. SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
1. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF ENVIRONMENTAL
MANAGEMENT (WATER QUALITY) CERTIFICATION, AND,
3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH CAROLINA
DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED ACTIVITY IS CONSISTENT WITH
THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM.
NER'S/AGENT'S SIGNAT E
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DATE
Paul M. Farley
Wetland Scientist
Land Management Group, Inc.
(AGENTS SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED (18g.))
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Not to scale
Whisper Lakes Condominiums
at Morgan Place
Cumberland County, NC
LAND MANAGEMENT
GROUP, INC
January 1998
NWP Request
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Whisper Lakes Condominiums LAND MANAGEMENT NWP Request
at Morgan Place GROUP INC U.S.G.S. Topo Map
Cumberland County, NC January 1998 Fayetteville Quad
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1000 2000 4000
SCALE 1 " = 2000'
Whisper Lakes Condominiums
at Morgan Place
Cumberland County, NC
LAND MANAGEMENT
GROUP, INC
NWP Request
N.R.C.S. Soils Map
January 1998
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DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Delineation Manual)
I
Project/Site: Morgan Place Tract Date: January 23, 1998
Applicant/Owner: W.G. Hayes County: Cumberland
Investigator: Paul Farley State: North Carolina
3 Normal Circumstances exist on the site? Community ID: wetland
the site significantly disturbed (Atypical Situation)? o Transect ID:
the area a potential Problem Area? Yes o Plot ID:
needed, explain on reverse.)
VEGETATION
Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator
Nyssa sylvatica Tree FACW 9.
Acer rubrum Tree FAC 10.
Gordonia lasianthus Shrub FACW 11.
Acer rubrum Shrub FAC 12.
Ilex glabra Shrub FACW
1 5. 13.
14.
15.
16.
Percent of Dominant Species that are OBL, FACW or FAC
(excluding FAC.) 100%
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Recorded Data (Describe in Remarks): Primary Indicators
_ Stream, Lake, or Tide Gauge Inundated
Aerial Photographs x Saturated in Upper 12 Inches
Other _ Water Marks
_
x No Recorded Data Available _ Drift Lines
_ Sediment Deposits
_ Drainage Patterns in Wetlands
I Field Observations: Secondary Indicators (2 or more required):
Oxidized Root Channels in Upper 12 inches
Depth of Surface Water: 0 (in.) Water-Stained Leaves
_ Local Soil Survey Data
Depth to Free Water in Pit: <12 (in.) x FAC-Neutral Test
-Other (Explain in Remarks)
Depth to Saturated Soil: <12 (in.)
Remarks:
r
SUiLS yrojecysite: Morgan mace Nage 2 of 2
1
Map Unit Name
(Series and Phase): Johnston Drainage Class:
Field Observations
Taxonomy (Subgroup): Cumulic Humaquepts Confirm Mapped Type? Yes No
Profile Description:
Depth Matrix Color Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) Abundance/Contrast Structure,,etc.

0-15 A 10YR 3/1 loam
Hydric Soil Indicators
Histosol
_ Histic Epipedon
_ Sulfidic Odor
_Aquic Moisture Regime
_ Reducing Conditions
x Gleyed or Low-Chroma Colors
Concretions
x High Organic Content in Surface Layer in Sandy
-Organic Streaking in Sandy Soils
Listed on Local Hydric Soils List
x Listed on National Hydric Soils List
-Other (Explain in Remarks)
WETLAND DETERMINATION
Hydrophytic Vegetation Present? ? s No (Circle) (Circle)
Wetland Hydrology Present? es No
Hydric Soils Present? . E) No Is this Sampling Point Within a Wetia Yes No
Data translated from field observations of Chip Jackson by Paul Farley
Longitude 78 58'25"
Latitude 35 4' 10"
W.J. Hayes Land Management Group, Inc.
Go Fayetteville Building Supply Post Office Box 2522
113 Robeson Street Wilmington, N.C 28402
Fayetteville, NC 28305 910-452-0001