20030498 Ver 1_Complete Historical Record_20030911

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Date t ! It
Who Reviewed:
Plan Detail Incomplete j
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❑ Please provide a location map for the project. , r f f I
❑ Please show all stream impacts including all Hill slopes, dissipaters, and bank stabilization on the site plan.
❑ Please show all wetland impacts including fill slopes on the site plan.
❑ Please indicate all buffer impacts on the site plan.
❑ Please indicate proposed lot layout as overlays on the site plan.
❑ Please indicate the location of the protected buffers as overlays on the site plan.
❑ Please locate all isolated or non -isolated wetlands, streams and other waters of the State as overlays on the site plan.
❑ Please provide cross section details showing the provisions for aquatic life passage.
❑ Please locate any planned sewer lines on the site plan.
❑ Please provide the location of any proposed stormwater management practices as required by GC
❑ Please provide detail for the stormwater management practices as required by GC
❑ Please specify the percent of project imperviousness area based on the estimated built -out conditions.
❑ Please indicate all stormwater outfaIls on the site plan.
❑ Please indicate the diffuse flow provision measures on the site plan.
❑ Please indicate whether or not the proposed impacts already been conducted.
Avoidance and/or Minimization Not Provided
❑ The labeled as on the plans does not appear to be necessary. Please eliminate the or provide additional
information as to why it is necessary for this project.
❑ This Office believes that the labeled on the plans as
. Please revise the plans to avoid the impacts.
can be moved or reconfigured to avoid the impacts to the
❑ This Office believes that the labeled on the plans as can be moved or reconfigured to minimize the impacts to the
Please revise the plans to minimize the impacts.
❑ The stormwater discharges at the location on the plans Iabeled will not provide diffuse flow through the buffer because
. Please revise the plans and provide calculations to show that diffuse flow will be achieved through the entire buffer. If it
is not possible to achieve diffuse flow through the entire buffer then it may be necessary to provide stormwater management
practices that remove nutrients before the stormwater can be discharged through the buffer.
Other
❑ The application fee was insufficient because over 150 feet of stream and/or over 1 acre of wetland impacts were requested. Please
provide $ . This additional fee must be received before your application can be reviewed.
❑ Please complete Section(s) on the application.
❑ Please provide a signed copy of the application.
❑ Please provide copies of the application, copies of the site plans and other supporting information.
Mitigation
❑ of compensatory mitigation is requjred for this project. Please provide a compensatory mitigation plan. The
plan must conform to the requirements in 15 A NCAC 2H .0500 and must be appropriate to the type of impacts proposed.
❑ Please indicate which 404 Permit the.USACE would use to authorize this project.

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GENERAL NOTES:
ALL LOTS SHALL BE GRADED TO STREETS
UPON COMPLETION OF THE PROJECT
. CONTRACTOR RESPONSIBLE FOR DETERMNTG
AND PROVDND NECESSARY WATER AND
SEWER FITTINGS
L ELEVATIONS AND LOCATIONS OF EXISTING
UTL ITES ATE APPROXIMATE AND SHOULD BE
FELD VERFED PRIOR TO CONSTRUCTION
L CONTRACTOR SHALL PERFORM ALL UTLITY CONST-
RUCTION N ACCORDANCE WHIM PWC SPECFICATIONS,
AND ALL ROAD CONSTRUCTION TO TOWN
OF HOLLY SPRINGS BPECF1CATIONN
L ANY SUBSTITUTIONS, CHANGES, OR MODIFI-
CATIONS SHALL BE APPROVED BY THE
ENOREER OR OWNER PRIOR TO PERFORMING
THE WORK
1. GRADE LINES SHOWN DEMOTE THE WISHED
ELEVATION OF TIE FINAL SURFACE
T. GRADE LINES MAY BE ADJUSTED AT THEIR
BECOMING AND WONG AND AT STRUCTURES
AS DEECTED BY THE DER N ORDER
TO ESTABLISH A PROPER TE-ti.
SITE DATA:
TOTAL PROJECT AREA • 2S.8S ACRES
TOTAL NUMBER OF LOTS - 79
CURRENT ZONING, R 10
SETBACKS
FRONT • 30'
REAR - 35'
SIDE -,,io' (i STORY)
i2' (2 STORY)
:30' (CORNER)

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CURVE TABLE
CURVE
CI
LENGTH
45.76
CURVE
C35
LENGTH
86,06
C2
48.48
C36
60,82
C3
31.55
C37
54.04
C4
31.28
C38
31.60
C5
C6
C7
36,47
25,48
75.47
C39
C40
C41
27.00
18,22
79.97
C8
C9
31.24
45.50
C42
C43
35.16
27.67
CIO
76.23
C44
19.87
C11
C12
C13
78.03
78.03
32,74
C45
C46
C47
144.39,
81.02
17.33
C14
43.42
C48
114.48
C15
75.08
C49
79.28
C16
75.02
C50
71.68
C17
75.00
C51
33.01
C18
64.81
C52
30.09
C19
10.52
C53
77,19
C20
6.48
C54
44.99
C2I
C22
24.67
55.14
C55
C56
24.42
105.24
C23
49.98
C57
48.60
C24
50.13
C58
50.86
C25
20.41
C59
62.35
C26
62,69
C60
57.63
C27
24.11
C61
50.90
C28
68.61
C62
83.89
C29
C30
78,08
78.19
C63
C70
58.06
70,43
C31
C32
80.22
28.96
C71
C72'
59,34
62.20
C33
34.31
103,13'
C73
70.39
C34
C74
C75
138.75
22.93

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GENERAL NO TES=
ALL LOTS SHALL BE GRADED TO STREETS
UPON COMPLETION OF THE PROJECT
CONTRACTOR RESPONSIBLE FOR DErERMIING
AND PROVING NECESSARY WATER AND
SEWER FITTINGS
ELEVATIONS AND LOCATIONS OF MUSING
UTLITE8 ARE APPROXIMATE AND SHOULD BE
FED VERIFIED PRIOR TO CONSTRUCTION
CONTRACTOR SHALL PERFORM ALL UTLITY CONST-
RUCTION R ACCORDANCE WITH PWC SPECIFICATIONS..
AND AU. ROAD CONSTRUCTION TO TOWN
OF HOLLY SPRINGS SPECFlCATION8
ANY SUBSTITUTIONS, CHANGES, OR MODFI-
CATIONS SHALL BE APPROVED BY TIE
ENGNEER OR OWEEi PRIOR TO PERFORMS
TIE WORK
GRADE LR 8 SHOWN DENOTE THE FRISKED
ELEVATION OF TIE FRAL SURFACE
/amine 1 We IMY Re ADJUSTED AT THEIR
SITE DATA=
TOTAL PROJECT AREA - 26.88 ACRES
TOTAL NUMBER OF LOTS - 78
CURRENT ZONING' R 10
SETBACK&
FRONT •30'
REAR • 35'
SIDE - 10' !f STORY)
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CURVE TABLE
CURVE
LENGTH
CURVE
LENGTH
CI
45.76
C35
86,06
C2
48,48
C36
60.82
C3
31.55
C37
54.04
C4
31.28
C38
31.60
C5
36.47
C39
27.00
C6
25.48
C40
18.22
C7 _
75.47
C41
79.97
Ca
31.24
C42
35.16
C9
45.50
C43
27.67
C10
76.23
C44
19.87
C11
78.03
C45
144.39
_
C12
78.03
C46
81.02
C13
32,74
C47
17.33
C14
43.42
C48
114.48
C15
75.08
r C49
79.28
C16
75.02
C50
71.68
C17
75.00
C51
33,01
C18
64.81
C52
30.09
C19
10.52
C53
77.19
C20
6.48
C54
44.99
C21
24.67
C55
24.42
C22
55.14
C56
105,24
C23
49.98
C57
48.60
C24
50.13
C58
50.86
C25
20.41
C59
62.35
C26
62.69
C60
57.63
C27
24.11
C61
50.90
C2B
68.61
C62
83.89
C29
78,08
C63
58.06
C30
78.19
C70
70.43
C31
80.22
C71
59.34
C32
28.96
C72
62.20
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
January 24, 2004
Mr. Scott Mitchell
Spaulding and .Norris
92 Trinity Road
Raleigh,. NC 27607
Dear Mr. Mitchell:
RE: Woodland Hills stormwater management plan
DWQ # 03-0498
S&N Project # 328-01
Cumberland County
Thank you for your submittal of additional stormwater management information dated
December 23, 2003. Based on my notes from our meeting of November 21 „2003, your
submittal did not address the following areas of the project as we discussed. Please provide
stormwater management information for the following areas:
• Lots 35-37. We discussed use of a grassy swale for the stormwater from these
lots
• Lots 17 to 20. We discussed directing stormwater flow from these lots to the rear
of these lots to minimize downstream stormwater.
The remainder of the stormwater management plan provided in your December 23 letter
is acceptable to DWQ. This project shall remain on hold until the additional information is
supplied as outlined above.
I can be reached at 919-733-9646 if you have any questions.
Sin, erely yours,
il
AV"
.'. '-T' I orney
All
Cc: Ken Averitte, DWQ Fayetteville anal Office
Danny Smith
e. oc p
Central files
Mr Chuck Gore; GR&F, LLC,; P.O. Box 41936; Fayetteville, NC 28309
Paul Farley, Land Management Group
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [phone]
Customer Service
1-877-623-6748

sNSPAULDING & NORRIS, PA
Planning ♦ Civil Engineering • Environmental
December 23, 2003 \jc_.
Mr. John Dorney
NC Division of Water Quality '
Central Office
2321 Crabtree Boulevard
Suite 250 Pj
Raleigh, NC 27604-2260
Re: Woodland Hills Subdivision — Stormwater Management Plan
Cumberland County
DWQ Project #03-0498
S&N Project #328-01
Dear Mr. Dorney,
Per our meeting at your office on November 21, 2003, attached is a site plan displaying the
location of permanently protected grass swales designed to improve the quality of stormwater
runoff from Woodland Hills Subdivision. Also included with this letter are copies of:
1. Original Restrictive Covenants (Note Article II — Section 2)
2. First Amended Restrictive Covenants in July in reference to Lots 68-79 on the north side
of Hall Glen Drive
3. Amended Restrictive Covenants recently executed for Lots in Phase One affected by grass
swales
4. Amended Restrictive Covenants recently executed for Lots in Phase Two affected by grass
swales
5. Town of Hope. Mills acceptance letter for streets and drainage
6. Copy of invoice from Porter Environmental Company for cleaning out storm drains in
September (in response to Sedimentation Inspection Report dated August 26, 2003)
We hope you will find this information helpful in your review of this project. Thank you in
advance for your time spent reviewing this information. Please do not hesitate to contact me if
you have questions, comments or concerns about this information or if you require additional
information.
Sincerely,
Scott Mitchell, PE, LSS
Environmental Engineer/Scientist
Phone: [phone] • Fax: [phone] ♦ 972 Trinity Road • Raleigh, North Carolina 27607

5.4•A:li
B557 .
N59O8PC557
52'ai1;
Prel aced : Anderson & Strickland; P.A.
210 E. Russell Street, Suite 104
Fayetteville, North Carolina 28301
STATE OF"NORTH CAROLINA
COUNTY OF CUMBERLAND
RECEIVED
1.1-19-2002 ,PM 3:20: 8
• 1EORBE E. TAT.UM
REGISTER OF DEEDS
CUMBERLAND CO, , N. C.
RESTRICTIVE COVENANTS
THIS DECLARATION, made this the 14th day of Noverriber," 2002; by G'R, &
F., LLP, of Cu mb erland County, North Carolina, hereinafter referreti to as "Devei irper".
WTTN"ESSETH:
•
WHEREAS,. the Developer is the owner of Certain .real property in Rockfish
Township; Cumberland County, .Nortli Carolina which is more particularly described as
follows:
• Woodland Hills, Phase One, Book of l'lats"107; Page 195, Curnberland County
Registry orth *Carolina:'
•
• -: NOW, .I13EREFORE, Developer ".hereby declares that -all of the"properties ,
described" aboveshall be.lield sold.andreoitveyed subject to the foliowing,easements;
restrictsons, covenants; and:coti ditionis, Which"are.for the purpose of protecting the value
auct iiesirabthty of titaJand and whzrh shall run•with the real property and.b"e biadiug;on
'* all' parties'having anY right; title o{.interest in the described properties or auy part
thereof, their heirs, suecessors and assigns; and shall inure to•the benefit of each owner
thereof.

599E
A558
B BOBPG558
A:ItI'ICLE I: .
USE RES'r.R1.C.TIONS
Section I. Land Use; All "lots" shall be restricted to use as single family
residences
Section.e No structure shall be erected, altered, placed or
permitted to,remaiu on any lotother than one detached, single-family dwelling not to
exceed two stories in height, and a private garage for not Morethan two cars and other
outbuildings incidental to: residential use of the int. Allou[buildings.erected, altered,
— --placed--or,pertnitted_shall be of the same quality, workmanship and material as the
.principal dwelling. structure, and.. will be erected and -placed to t1i rear ofthe-dwelling—
.
: structure.
Section 3:'Set$aclt Reguirert►ents_. Set hack requirements shall he as provided
by recorded plat consistent with applicable ordinance. For the purposes of these
'covenants, eaves; "steps, and overhangs shall not be considered' as a part of the
building, provided forever, that•this shall not be construed to permit any portion o[ au
improvement on a lotto encraath upon another lot.
Section 4 Reservation afLot-or tots: for- kYeIL and. Water System:
Notwithstandiftg anyy;restrictions or limitations: on use of any of the property_ described'
..herein. Developer reserves the right for. itself, its Successors .or assigns, to construct,
'install.andmaintain a Well, elevated.or ground:water tank, putaiphouse and any.
necessary appurtenances on any af the Jots subjectto-theseRestrietive•Covenants-
Section 5 .Minimum.. Size: of Eacb DweiliiiicNo dwelling shall -be erected or
permitted'to remiinon auy lot which•shall, contain less than.one thousand two hundred
s[luare.teeb
The...grontid.11oor if --the main , e
structurexelussve"of one-story porches and'.'
.garages sballfnot be less than One Thousands Two-$uudred square feet fora one-:
story dwelling, and notless tban:seven hundred-sauare feet for the•first floor of a two -
'story divell►ng;. Square footage is determined by the outside diinensionsof the Main
structure, excluding any unheated space. Heated area•living space;shalt mean the
ordinary hying space in a house whichis designed and constructed so as to be capable
,of being:beated:for regular iiving use in cold weather. In the computation of floor
space, aialieaied storage area, garages. and. porches.shali not be. counted.
•
Section G Ll.rtvewa All driveways shall'be constructed of asphalt or
concrete. .

S90i3
0559
8K5908PG559
Section 7: T emporar;? Structure NO trailer, tent; shack, garage, barn or
Sitntlar type outbuilding shall be placed, erected or allowed to remain unsaid property
without the prior Written consent of G..R.&F.,LLF., partnership,,its successors or
;assigns. Nor shallany structure of a temporary character be used as a. residence
temporariiy, permanently, or otherwise.
•
Section 8. Restricted Activities; No•commercial, noxious or offensive trade or
activity'sliall,be carried on:ugon at•<y lot, nor shall.anything be done which nay be or
become -an annoyance or nuisance to the neighboricoo — — — -- '—' —
Section 9: Animals The Maintenance, keeping, boarding andlor raising of
animals, iivestock;'pouitry or reptilei. of. any kind, regardless of•number, sltali.be and is
• prohibited within any Lot, except that the keeping of coininon pets (dogs oreats) shall
be pertiaitted; provided, however, that such pets are not kept at -Maintained for
cnminerc►al purposes or for breeding and provided, further, that'any such petcausing.
orcreating a-nuisa-nceor unreasonable' distnrbance.or noise' shall.be-permanently ,
reinoved from the Property up dit ten: (10) .days; written notice from the Developer. All
. pets 'shall •otherwise he registered and inoculated as required by law.
Section.l0 M• otor Vehicles• lio automobile orother vehicle, mechanical
•deviee, tnachiine, machinery, or junk car shalt be.piated or:,allowed.to remain on said
pi -party. at:atiy tine. No cotarnerci'al vehicle may remain on the property overnight at
any flame eicceptby written permission of the developer.
Seefion 1:.Fences: No fence -shall be erected'or allowed. to remain upon' any
numbered building.iot, except that•a decorative fence measuring no 'trier& than 72
• inches, or a'eltain link.fence treasuring do more than 48 inches frdtn the ground may
be erected: in. the area'bettveen the.rear Corner -tithe house attd the rear property line.
In no ease', howerrer, shall such fence be erected which shall extend cioser.to the street
'than the rear line or. corners of ahouse. The frontof ahouse•is defined.as the front
elevation- shown onthe'biiilding plans in hal-Many-with the street address. A. deviation
may be cansidered only with the -written cons¢nt of Developer: No fence shall be
erectedor"allowed to -remain upon any lotwhich is' a corner lot closer to the
Setback (front or side):tban the primary dwelling.. '
Section ]2; Satc]IiteDish; No satellite dish.inay be erected, installed or
trraintaiaed on'anx lot unless it conforms to the foilvwing.requirements:

5998
9569
BK5900PG560
A., Dishes shall be no more than 42 inches in diameter
B,,Disbes shall be located at the rear of the liouse,,no nearer to the front than
the rear- line or rearearners of.the 'house:
C. Dishes shall -be screened from public view and themethod of screening shall
be approved in writing by the Developer, G. R .& F.,.l Lr.
•
Article II
5edta.on'.:1: utilities; The Developer, reserves the right to subject any of the real
property i.n'this,subdivision.to a contract for the installation of water and/or sewer,
underground electric cables and/or the installation of streetlighting, or any of them,
- — arty -of -which marrequire an -initial -payment and/or=a-continuing-monthly-payment by —
the, OWn er of each Lot:`
Scotian 2: Utility` andD-rainaee Easements, Easements for drainage and for
drainage swaies, and;easernent for installation and-rriaintenance for utilities and
drainage.facilities;,incliiding•pipeIines; are reserved as shown on the recorded. plat; and
•in.addltion thereto; an additional: ten (10), fod"t easement for ail such purposes is
reSei-Veir along all Interior lot lines,•such ten (1.4),footeasement being five-(5) feet on
each•:side-of each interior lot line of each of the .aforesaid fats; provided that if G: R: &
.F, LLLP, at the time -of the initial con'veyaiace of. anyiotor lots:ofsaid subdivision shall
change the size or shape:ofan.' buildinglot by adding a strip.of land to a lot by deleting
a.a strip of land from atu therlot., in' that event the ten.,(IO) foot easement herein'
',reserved'shall b'eDve;(5)[feet on. each side'ofthe interior let line of the lot as initially
i onvey:ed by G. R.:& F.,:LLP: Ali areas indicate:as streets and easements on said, plat
.are hereby dedicated to publicluse_for such uses forever, Within these easements; no'
structure, piantina.or other waterini shall be:placed or permitted to retain wl icii may
`interfere. With the installation and,mainterian'ce of utilities, or which -may cbauge the
direction..or llow.of;drainage, ar whicia may obstruct or retard: the flow of water. All
areas,ittdicated as,streets and-easements:on•the reeorded:plat.are hereby dedicated to
pub$e use for •sueb uses forever except side yardeasemetits whicii-are for the use and.
:•ben"efit of'tliose persons and lots as eescribedtherei
:.. ARTICLE'IZt•
Sectionil..Plan- Aipproval; No. new consiructibn,,building, fence, wall, pool,.decic,
;porch, or.ether struetisre.shall be coimmenced, erected or snaintained Upon the
iproperties, nor'shall-any exterior addition to or change -or alteration {II -ere' in be made
uritil:.tl a plant • and.specificatlons showing the nattjre, kind, shape, height; materials,'
and location-oF the same.shall .ha'ie.bee'i submitted to and approved in writing by the.

BK59 OS: PG 5 6 1
Developer or its assigns Approval shall also•be required for site plan, driveway
composition (miuiiamm concrete);-landscaping.plans,.. mail box designs, exterior colors,
and -roof: In•the event the-Deveioper, or its assigns, fails to approve or disapprove
such design andlocatibu Within thirty (30) days after said plans and specifications have
been submitted:ta; it; approval will not be required and'this Article will be deemed to
.have been fully complied with.
,..ARTICLE .I l'.
Except as, hereinafter provided, thesa restrictive covenants may be amended at
any time.byG ;l ' & E:, LLP, partnership, its'successors .and_ assigns, so.hmg as O. R.
-�--&.F LLP; Partnership; its, suecessbrs and assigns own a majority of the lats contained.
WOODLAND HILLS,'Phase One, Book of Plats 107, Page ids= Cumberland
Couiaty Registry; North Carolina:
ARTICLE Y .
To the extent:the provisions of these'Restrictive.covenants conflict with any
•
applicable provisions. of any tntrnicipality and/or the Cumberland County .
Ordinance, the conflicting provisiaos of the municipality and/or County Ordinance shall
control.

5908
0562
TO, THE TRUE AND PAITI-FUL, PERFORMANCE OF TTA :SE.Restrictive Covenants and
agreements, the Owner, G:R.&F:. LLP., a North Carolina Partnership, has caused this instrument to be
duly executed this the 14'h day of November, 2002
Attest:
• 1i'.,..
Seoretary,
State ofNoith Carolina
REF lai G
•County of Cumberland ,
-r n North Car a Aa er 'Flip
\T.[C.t}:l"., LLP., a North wvl�url ��. �.._x.
• By: R & F., LLC , a General Partner
By: -
,r v.
By: Thempson Buifders, a •mernbairerf21i qer of
Robert D. Thompson, President
•
I Bobbie H, Faircloth; a Notary,Public of the County and. State,aforesaid,,certify that R. Frank
and acknowted thtil.kis_Seci etary of
Thompson, personally appeared #i
•
ThompsonBuilders, a Mernberlmf
North. Carolina Partnership, arid.. at yauthorify
foregoing instrument in its name :o4 is•Aelia1r as t a
or seal; this the ILO day ofNove b t\4
4Ato CO
4ycorrtmission expires: 11./14f03
C whic
given
andd
titer of G-R. &•F, LLP a
‘entity, he signed the
tianli•and Notarial stamp
(SEAT:)
• • Notary Public Bobbie H. F.auclbth
•
Mr fotegoiog CertiFcat(s) of•
•
rn be corrcCf. This i
enc:and this cerii cats, src duty retisiered at the date ii4rime,and3K \hc Book and Page shown on the Crst page
.. RECtSTER OF DEEDS rOK.. — . CUMBERLAND
DcpuryfA nt • Rep-Ear.o Deeds , •
COUNTY.

8K6218PG7514
3539
Prepared By: Anderson & Strickland, P.A.
210 E. Russell St., Ste 104
Fayetteville, NC 28301
NORTH CAROLINA
COUNTY OF CUMBERLAND
I;r. ry VF D
8- 7--e003 PM 3 -1417 ; 43
l'. l EF WARREN SR.
CUMBERI AND OF CO, DEEDS
AMENDED RESTRICTIVE COVENANTS
THIS DECLARATION, made this the 28h day of July, 2003., by G. R. & F., LLP, Ray Rouse
Construction Co., Inc. and Gore Built Homes, Inc. all of Cumberland County, North Carolina,
hereinafter referred to as "Declarants".
WTTNESSETH:,
WHEREAS, the Declarants are owners of certain real property in Rockfish Township,
Cumberland County, North Carolina which is more particularly described as follows:
Woodland Hills, Phase One, Book of Plats 107, Page 195, Cumberland County Registry,
North Carolina,
NOW THEREFORE, Declarants wish to amend the Restrictive Covenants of Woodland Hills,
Phase One as follows:
Section 11A. Fences,As to Lots 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, and 79 of
Woodland Hills, -Phase One, Book of Plats 107, Page 195, Cumberland County, North Carolina, No
Fences or other obstructions shall be erected or placed or allowed to remain in or on the twenty (20)
foot drainage easement shown on the above referenced plat. •
All other conditions of the original restrictions recorded in Book 5908, Page 557, Cumberland
County Registry, North Carolina, remain the same.

acknowledged that he is the President
GORE BUILT'HOMES, .LNC.
a North Carolina •
and that by authority duly given and as the act of each entity,
he signed the forgoing instrument in its name on its behalf as its act and deed. Witness my hand and
Notarial stamp or seal this 2 8 th day. op ! , 2003
My Commission Expires:, Novemb '!
Corporation.
G. R.'& F., LLP
Prresident ofOThomppson Builders,BInc. Ray Raise, President
a Member/Manager of R&F, LLC
which is a general partner of G.R. & F., LLP
Gore Built Homes, Inc.
BK62lBPGi5'5
Ray Rouse Construction Co., Inc.
By:
Charles Gore, President
NORTH CAROLINA
CUMBERLAND COUNTY
I, the undersigned Notary Public of the County and State aforesaid, certify that
CHARLES GORE personally appeared before me' this day and
NotaryPublic

Prepared By: Anderson & Strickland, P.A.
210 E. Russell St., Ste 104
Fayetteville, NC 28301
NORTH CAROLINA
AMENDED RESTRICTIVE COVENANTS
COUNTY OF CUMBERLAND
THIS DECLARATION, made this the lst day of December, 2003, by G. R. & F., LLP, Ray
Rouse Construction Co., Inc. Gore Built Homes, Inc., Diamond Builders of Hope Mills, Inc., Timothy
S. Sewell, Torill Sewel and William D. Pope, Sr:& Angela R. Pope all of Cumberland County, North
Carolina, hereinafter referred to as "Declarants".
WITNESSETH:
WHEREAS, the Declarants are owners of certain real property in Rockfish Township,
Cumberland County, North Carolina which is more particularly described as follows:
Woodland Hills, Phase One, Book of Plats 107, Page 195, Cumberland County Registry,
North Carolina.
NOW THEREFORE, Declarants wish to amend the Restrictive Covenants of Woodland Hills,
Phase One as follows:
Article II Section 2A. Utility and Drainage Easements., There is a ten (10) foot drainage
easement on each of the Lots listed herein as described below. No temporary or permanent out
buildings, storage units or other obstructions shall be erected or allowed to remain in the ten (10) foot
drainage easement on the following Lots:

1. Ten (10) feet along rear lot lines of Lots 52, 53, 54, 59, 60, 61, 62, 63, 64, 65, and
66.
2. Ten (10) feet on each side of the common, lot lines of Lots 62 and 63, 62 and 64, 38
and 57.
Drainage shall not be altered to affect the flow of water.
The Declarants, the Town of Hope Mills, the State of North Carolina, or any other public
agency or entity shall have the right to enforce this covenant or maintain the easements.
All other conditions of the original restrictions recorded in Book 5908, Page 557, and Book
` 6218, Page 754, Cumberland County Registry, North Carolina, remain the same.
G. R. & F., LLP
Gore Built Homes, Inc.
By:
Diamond Builders of Hope Mills, Inc.
By: Norman R. Nelson, III
Timothy S. Se 11
Ray Rouse Construction Co., Inc.
William D. P,
6\
Angela' Pope
U9LW
Torill Sewell
e, President
(Seal)
(Seal)

Prepared By: Anderson & Strickland, P.A.
210 E. Russell St, Ste 104
Fayetteville, NC 28301
NORTH CAROLINA
AMENDED RESTRICTIVE COVENANTS
COUNTY OF CUMBERLAND
THIS DECLARATION, made this the 4tn day of December, 2003, by G. R. & F., LLP, Ray
Rouse Construction Co., Inc. Gore Built Homes, Inc., Diamond Builders of Hope Mills, Inc., all of.
Cumberland County, North Carolina, hereinafter referred to as "Declarants".
WITNESSETH:
WHEREAS, the Declarants are owners of certain real property in Rockfish Township,
Cumberland County, North Carolina which is more particularly described as follows:
Woodland Hills, Phase Two, Book of Plats 109, Page 33, Cumberland County Registry, North
Carolina.
NOW THEREFORE, Declarants wish to amend the Restrictive Covenants of Woodland Hills,
Phase Two as follows:
Article II Section 2A. Utility and Drainage Easements; There is a ten (10) foot drainage
easement on each of the Lots listed herein as described below. No temporary or permanent out
buildings, storage units or other obstructions shall be erected or allowed to remain in the ten (10) foot
drainage easement on the following Lots:

1. Ten (10) feet along rear lot lines of Lots 38 through 50 inclusive.
Drainage shall not be altered to affect the flow of water.
The Declarants, the Town of Hope Mills, the State of North Carolina, or any other public
agency or entity shall have the right to enforce this covenant or maintain the easements.
All other conditions of the original restrictions recorded in Book 6131, Page 119. Cumberland
County Registry, North Carolina, remain the same.
G. R. & F., LLP
Diamond Builders of Hope Mills, Inc.
L
By: Norman R. Nelson, III
NORTH CAROLINA
CUMBERLAND COUNTY
ron7--atinn
he signed the forgoing instrument in its name on its behalf as its act and deed. Witness my hand and
Notarial stamp or seal this 8th
Ray Rouse Construction Co., Inc.
By alter Ray Rise, President
Gore Built Harries, Inc.
By:
Charles A. Gore
I, the undersigned Notary Public of the County and State aforesaid, certify that
Charles A. Gore personally appeared before me this day and
acknowledged that he is the President of
Gore Built Homes, Inc. , allorth Carolina
and that by authority duly given and as the act of each entity,
My Commission Expires: 7/30/2007
day of December, 2003.
otary, Public
ackie L. Trinchitella

11/26/2002 16:15 9104244902
TOWN OF HOPE MILLS PAGE 02
STREET DEPARTMENT SUPERVISOR
3414 WO Town a'r�r� �• t+ Cumberland
St.; of toe Milt:, Cumberland County, North Carolina 28348-9998
O11010E-424-4555 ext 4106
FAX-424-4902
25, November 2003
F LLP
5135 Morganton Road
Fayetteville, NC, 28309
To: Developers
This letter is to verify that the Town of Hope NFtils accepts. All,tbe public drainage
and road improvement work in the Woodland Hills.Phase 1 and II development.
We require that all warranties, an storm drain systems and asphalt road ways, Be
met dnring the next months.
Sincerely,
Ira Peterson
Street Department Supervisor

MGR
wigwam -AL
719 Old Main Road
PO Box 1359
Pembroke, NC 28372
910.521.0549
BILL TO
Gk&F,LLP
PO Box 41935
Fayetfievi l [e, NC- 28309-
Invoice
BATE
INVOICE #
9/23/2003
2136
PO NO.
TERMS 1
PROJECT
per C. Gore
Net 30
Woodland Hills 5/b
DESCRIPTION
RATE
AMOUNT
QUANTITY
8.5
1.5
Vacuuming and Hydrojetting Services (HR)
Mobilization Fee
September 18 / 19, 2003
Ivy 1i' - zk'S
!rrejf —ql1 ~ 6 /z f
-7r 1;0
,
\t..., •
185.00
185.00
1,572.50
277.50
It has been a pleasure working with you!
,r
1 otal
$1,850.00

NOTES'
RE GRADED TO ililEM
ivAirmi *wallow FOR ONTEVININS
.. noottasmw WATER AN)
I -
ma)
APPROWMATA AND MOW) �!
TOCONSTRUCTION•
`, muff MST-
RIJUITOK; W *000ADANCII WINI PMC OPECIFICATIDO.
AND Att;'11010 CONSTRUCTION TO TOMUN.. a ,
Idler an
CA1MOW& S4 JJ. IIR APPROVID SY 11ii
O� FOIFOrille
'
QOM:G
18as wain Doom TIE misc.
.
GRADE WIC MAY MI ADJUSTED AT THEIR
�ra��Ma.A • am% ii..t
—A LT:00r
SITE DATA,

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GRAPHIC SCALE ° •
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•
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-1-
1
.PROJECT. NUMB
•

j

FIL f copy
Office Use Only:
USACE Action ID No.
Form Version April 2001
DWQ No. 0
3 04 g 8
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. P
WG4ND 01 G�
Processing S/4 OUP
1. Check all of the approval(s) requested for this project: APR 2 2 20p3
❑ Section 404 Permit WATER
X, Section 10 Permit �t� Q[�A��TvS,ECTfOh f
401 Water QualityCertification , l ►Y
❑ Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: Isolated wetland
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: n
4. If payment into the North Carolina Wetlands Restoration Program CWRP) is proposed for
mitigation of impacts (see section VIII — Mitigation), check here:
H. Applicant Information
1. Owner/Applicant Information
Name: GR&F, LLC, attn: Mr. Chuck Gore
Mailing Address: P.O. Box 41934
Fayetteville, NC 28309
Telephone Number: 910-864-4073 Fax Number: 910-864-1694
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Paul Farley
Company Affiliation: Land Management Group, Inc.
Mailing Address: P.O. Box 2522
Wilmington, NC 28402
Telephone Number: 910-452-0001 Fax Number: 910-452-0060
E-mail Address: [e-mail]
Page 3 of 12

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of .all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and-NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Woodland Hills Subdivision
2. T.I.P. Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Cumberland Nearest Town: Hope Mills
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): The property is located on Blacks
Bridge Road (SR-1115 just south of where Rockfish Creek crosses said road
5. Site coordinates, if available (UTM or Lat/Long): N 34° 51' 48", W78° 58' 22"
(Note — If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Residential subdivision
7. Property size (acres): 28 acres
8. Nearest body of water(stream/river/sound/ocean/lake): Rockfish Creek
9. River Basin: Cape Fear
(Note — this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/rnaps/.)
10. Describe the purpose of the proposed work:
To allow for completion ,of residential streets and homes
Page 4 of 12

11. List the type of equipment to be used to construct the project: standard contstruction
equipment to conform with building standards
12. Describe the land use in the vicinity of this project: residential and golf course across
Rockfish Creek
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date" permits and
certifications were issued or withdrawn. Proyide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the sarrie T.I.P. project, along with
construction schedules.
Non jurisdictional corps determination by Allen Davis of the USACE on 3/6/98. Action ID
#199800572
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: The subdivision work will be completed. No other work will be done in any
wetland without appropriate permits. No further wetland impacts are planned at this time.
VI. Proposed Impacts. to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may :be
included at the applicant's discretion. .If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in. Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on map)
Type of Impact*
Area of
Impact
(acres)
Located within
100-year Floodplain**"
(yes/no)
Distance to
Nearest Stream
(linear feet)
Type of Wetland***
Page 5of12

1
fill
0.006
no
>1000
Pocosin/Caroiina Bay
2.
fill
1.371
no
>1000
Pocosin/Carolina Bay
*
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.fema.gov.
List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 1.377
Total area of wetland impact proposed: 1.377
Stream Impacts, including all intermittent and perennial streams
Stream Impact
Site Number
(indicate on map)
Type of Impact*
Length of
Impact
(linear feet)
Stream Name**
Average Width
of Stream
Before Impact
Perennial or
Intermittent?
(please specify)
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip -rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip -rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.usgs.gov. Several Internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
(indicate on map)
Type of Impact*
Area of
Impact
(acres)
Name of Waterbody
(if applicable)
Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.)
Page 6 of 12

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed Pond should.
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ❑ uplands n stream ❑ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw -down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography; building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower -impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed durin •n C c ' n to reduce impacts.
Property was determined to . e isolated d non jurisdictional by the USACE on 3/6/98.
Property owner had acquired pe its to c ar property prior to states assuming jurisdiction on
isolated wetlands. Developers did not realize that permits were needed to fill such wetlands
Developer has since sold lots in the project and a good deal of the project is now complete
VIII. Mitigation
DWQ In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
Page 7of12

mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or 'preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o. enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Developer_proposes to purchase credits from NC Wetland Restoration Program
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wro/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet):
Amount ofbuffer'mitigation requested. (square feet): -
Amount of Riparian wetland mitigation requested (acres):
Amount of Non -riparian wetland mitigation requested (acres): 1.377 acres or 1.5 acres
Amount of Coastal wetland mitigation requested (acres):
IX. - Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ❑ No ❑
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPAISEPA)?
Page 8of12

Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes No❑
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ❑ No ❑
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, .whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar -Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ❑ No ❑ If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation - is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone*
Impact
(square feet)
Multiplier
Required
Mitigation
1
3
2
1.5
Total
* Zone I extends out 30 feet perpendicular from near bank of channel Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed- in order to protect surface waters and wetlands
downstream from the property.
Page 9 of 12

XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
County sewer system
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes No❑
Is this an after -the -fact permit application?
Yes n No n
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw -down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
11
Applicant/cigent's Signature
Paul.M. FaAey
Wetland Scientist
Land Management Group, Inc.
oat
1-((D7
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army. Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Page 10of12

Asheville, NC 28801-5006
Telephone: [phone]
Fax: [phone]
Raleigh Regulatory Field Office
US Army Corps Of Engineers
6508 Falls of the Neuse Road
Suite 120
Raleigh, NC 27615
Telephone: [phone]
Fax: [phone]
Washington Regulatory Field Office
US Army Corps Of. Engineers
Post Office Box 1000
Washington, NC 27889-1000
Telephone: [phone]
Fax: [phone]
Wilmington Regulatory Field Office
US Army Corps Of Engineers
Post Office Box 1890
Wilmington, NC 28402-1890
Telephone: [phone]
Fax: [phone]
Cabarrus
Caldwell
Catawba
Alamance
Alleghany
Ashe
Caswell
Chatham
Davidson
Davie
Beaufort
Bertie
Camden
Carteret*
Chowan
Craven
Anson
Bladen
Brunswick
Carteret
Columbus
Cumberland
Graham
Haywood,
Henderson
Durham
Edgecombe
Franklin
Forsyth
Granville
Guilford
Halifax
Currituck
Dare
Gates
Green
Hertford
Hyde
Duplin
Harnett
Hoke
Montgomery
Moore
New Hanover
Madison
McDowell
Mecklenburg
Johnston
Lee
Nash
Northampton
Orange
Person
Randolph
Jones
Lenoir
Martin
Pamlico
Pasquotank
Perquimans
Onslow
Pender •
Richmond
Robeson
Sampson
Scotland
Stanley
Swain
Transylvania
Rockingham Wilson
Stokes Yadkin
Surry
Vance
Wake
Warren.
Wilkes
Pitt
Tyrrell
Washington
Wayne _
*Croatan National Forest Only
US Fish and Wildlife Service / National Marine Fisheries Service
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726 •
Raleigh, NC 27636-3726
Telephone: [phone]
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
Division of Coastal Management
1638 Mail Service Center
Raleigh, NC 27699-1638
Telephone: [phone]
Fax: [phone]
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
North Carolina State. Agencies
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
CAMA and NC Coastal Counties
Beaufort Chowan
Bertie Craven
Brunswick Currituck
Camden Dare
Carteret Gates
NCWRC and NC Trout Counties
National Marine Fisheries Service
Habitat Conservation Division
Fivers Island
Beaufort, NC 28516
Telephone: [phone]
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
Hertford
Hyde
New Hanover
Onslow
Pamlico
Pasquotank
Pender
Perquimans
Tyrrell
Washington
Page 11 of 12

Western Piedmont Region Coordinator Alleghany Caldwell - Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
Page 12 of 12

U.S, ARMS CORPS OF ENGINEERS
Wilmington District
*6057q County:
Notification of Jurisdictional Determination
Property owner/Authorized Agent Alabutig
Address
'Ilephone Number
S' f and Location of Pro
erty(waterbod
► * ALL. .0 _J. __A/
` .1f .I_F061) 10 -452't
Highway naraefnumbcr, town, etc.)
4 - I - L --
�r T
Indicate Which t ple opply: . , t1 14rittOy
. tt• ___ _,
+ °� bed r wire
There are et ud8 on e a described pap Y •
"Y r •ar - - -• �.
/L. ! 41Sit , u ' i l� 1, �.r•� .
riset
teri
to
wetlands cannot be accomplished in a timely manner. s .. has flagged awoytland if a consultant
prbtain a
more timely delineation of the wetlands
Corps staff will review • - ; accurate, we strongly recommend that you have the line surveyed for
.. •. . rps. The Corps v&i not make a E. nal jurisdictional determination ou your propc.rtY -
requirements of Section 404 of the Clean Water Act (33 US
or ow published ovulations, this determination may be re
from the date of this notification.
• The pto'eCt•
Yrrttutc�
The wetlands as your tat have beendeiiw v� published the limits of regulatier�.lurisdiction have beenthis determination maexplained relied
to you. rapers there is a changexceed
-e years from the date of thus notification.
upon for a period not toccsd y -•-
..,: , m ,e1aw
o • not to exceed three years
o the 20 Coastal Counties. You should contact the nearest State Office of
1344). 'Unless
f_.,. or fill material In wetlands on this proper without a Department of the Army
Placement of dredgedClean ii A permit permit is in most cases a violation of Sectionrestricted en�tiBraXy to exists hi ground. T� you have any
not required 1. work on the progers regulatory program, please contact
quest ns regar iag the Corps of__________________________
Property owner/Authorized
`
project Manager Signature �l t. , *
r _AP Expiration Date
F DESCRIBED PROPERTY AND THE WETLAND
Date v � �•
S
DELINEATION
PLAT OR FIELD SKETCHrTCHED TO THE YELLOW (FILM COPY OF THIS FORM.
DELIIVLATION FORM MUST BE ATTACHED
c "w Pam Oa
1OCT%

tr
;
In!
aALdSThOH 1-1R 3809 AVtg:.6 JON

Map Source: DeLorme Atlas & Gazeteer, pg 73.
SCALE 1" = 2.4 mi.
Rockfish Creek Tract
Cumberland County, NC
07-02-508
Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
March 2003
Vicinity Map

Map Source: Hope Mills Topoquad, 1986.
SCALE 1" = 2000'
Rockfish Creek Tract
Cumberland County, NC
07-02-508
Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
March 2003
Topographic
Quadrangle
I

Map Source: Soil Survey of Cumberland and Hoke Counties, 1984.
SCALE 1" = 2000'
Rockfish Creek Tract
Cumberland County, NC
07-02-508
Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
March 2003
Soils Map

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sxSPAULDING & NORRIS, PA
Planning • Civil Engineering • Environmental
February 20, 2004
Mr. John Dorney
NC Division of Water Quality
Central Office
2321 Crabtree Boulevard
Suite 250
Raleigh, NC 27604-2260
WETLANDS/40i G
ROUP
F.ES202004
*I TER QUALITYS
ECTjCjy
Re: Woodland Hills Subdivision — Revised Stormwater Management Plan
Cumberland County
DWQ Project #03-0498
S&N Project #328-01
Dear Mr. Dorney,
This letter is in response to your letter dated January 24, 2004 and the voicemail you left for me
on January 12, 2004, regarding grass swales for Woodland Hills Subdivision in Hope Mills.
Since receiving your voicemail, Mr. Chuck Gore and I have worked together to address the
remaining stormwater management issues for this project.
During our meeting at your office on November 21, 2003, Mr. Gore agreed to installgrass swales
near the rear lot lines of lots 17 through 20 and lots 35 through 37. Unfortunately, lots 18 and 36
were sold and occupied before Mr. Gore could amend the restrictive covenants and install the
swales we discussed. As a result, the owners of these two, lots are now unwilling to accept a new
grass swale with a restrictive covenant placed over it.
In an honest effort to supply the amount of stormwater treatment agreed to during the November
21' meeting, Mr. Gore had detailed elevation profiles surveyed on the rear of lots 18 through 20
and lots 34 through 37. This survey data revealed a high point near the lot line shared by lots 18
and 19. Additionally, Mr. Gore made detailed notes regarding his observations of the current
flow of stormwater behind lots 13 through 20 and lots 34 through 37. A copy of the surveyed
profiles and Mr. Gore's notes are attached for your reference. As you can see from Mr. Gore's
notes, stormwater from lots 19 and 20 do flow to the CSX Railroad at the south end of the site.
However, lots 13 through 18 flow to a low point at the rear of lot 14 where it is discharged from
the site through a vegetated conveyance on the adjacent Golfview Drive Baptist Church property.
After reviewing and discussing this information, we agreed that a protected grass swale at the rear
of lots 14 through 17 and lots 19 through 20, that treats stormwater runoff from lots 14 through
20, would compliment the stormwater management system in place on other lots within the
project. Unfortunately, we could not devise a practical way to capture and treat stormwater
runoff from lots 35 through 37 without the participation of the owner of lot 36. However, the
surveyed profiles do illustrate that stormwater from lots 35 through 37 sheds to the east into an
existing wooded area that will provide some degree of stormwater treatment.
The revised plan will provide treatment of stormwater runoff from the same total number of lots
as the plan agreed to during our November 21' meeting. We hope that you will fmd the
alternative stormwater management system, illustrated on the attached plan, acceptable in light of
Phone: [phone] ♦ Fax: [phone] • 972 Trinity Road • Raleigh, North Carolina 27607

the inability to secure permission to install protected grass swales at the rear of lots 18 and 36. In
addition to the survey information and notes mentioned above, copies of the existing recorded
amended restrictive covenants for lots 14 through 17 and lots 19 and 20 are attached for your
reference.
Thank you in advance for your time spent reviewing this information. It is our hope that this
revised stormwater management plan will satisfy the stormwater treatment requirements for this
site. We look forward to receiving your response to our revised plan. Please do not hesitate to
contact me if you have questions, comments or concerns about this information or if you require
additional information.
Sincerely,
Scott Mitchell, PE, LSS
Environmental Engineer/Scientist

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FEB-13-2004 la:km
u4a.1
F.WILCT LJI 1 a din +.-� h..
Prepared By: Anderson & Strickland, P.A.
210 E. Russell St,, Ste 104
Fayetteville, NC 28301
NORTH CAROLINA
COUNTY OF CUMBERLAND
8146426PG503
RECEitED
E-xa-EEO4 AM 036116
J. OISTE AOFEDEEDs
cumBERLA D CO., N. C
AMENDED RESTRICTIVE COVENANTS
THIS DECLARATION, made this the "14 day of February, 2004, by Gr R & F7 LLL, and
Ray Rouse Construction Co„ Inc., all of Cumberland County, North Carolina, hereinafter referred to
as "Declarants".
WCINE$$ETE:
WHEREAS, the Declarants are owners of certain real property in Rockfish Township,
Cumberland County, North Carolina which is more particularly described as follows:
Woodland Hills, Phase Two, Book of Plats 109, Page 33, Cumberland County Registry, North
Carolina.
NOW THEREFORE, Declarants wish to amend the Restrictive Covenants of Woodland Hills,
Phase Two as follows:
Article IS Scsjigal&iu ' d lreinagee l?asgrgtents; There is a tee, (10) foot drainage
easement on each of the Lots listed herein as described below, No temporary or permanent out
buildings, storage units or other obstructions shall be erected or allowed to remain in rho: ten (1 0) root
drainage easement on the following Lots;
�S3WaH 1lfil8 3609 Wd84:t _170H .84.(163_

HSO4
• BK6426PG504
1. Ten (10) feet along rear lot lines of Lois 15, 16, 17, 19, and 20 Woodland Hills, Phase
Two, Book of Plata 109, Page 33, Cumberland County Registry, North Carolina,
Drainage shall not be altered to affect the flow of water.
The Dedtts, the Town of Hope Mills, the State of North Carolina, or any otter public
agency -or entity shalt have the right to enforce this covenant or inaintain the easements,
All other conditions of the original restrictions recorded in Bonk 6131. Paget 19, Cumberland County Registry, North Carolina, remain the same,
Ray Rouse Construction Co., Inc.
alter R ; f oust, President
State of North Carolina
County of Cumberland
I Sharon L„ Hardin, a Notary' Palk of the County and State albresaid, certify that:ROBERT D .
Thompson, personally appeared before me this day and acknbwlcdgie that he is the - president
Thompson Builders. Lite. which i membrr4naneger of RdcP,Li.0 which, is a general partner of
G,R &F, L.L.P a North Caro ip, and drat byauthority
entity, he Signed the faro • * k duly given and as the act of such
S
and Notarial stamp or scat its name on its behalf as its act and deed. Witness my hand
y off =a . b
' �, roary /1i2004
My commission+ explres; 11
S tiron L. Hardin Notary Public
HAL)
£ 'd M££'oN S3NOH 11lfl8 307`11d£i tr —17C0£Iliad--

FEB—i0-2004 1510t,
$1 6426kG505
NORTH CAROLINA
CUMBERLAND COUNTY
Z, Sharon L. Hardin the undersigned Notary Public of the County and State
aforesaid, certify that Walter Ray Rau3a personally appeared Wore me this day and acknowledged
that he is the .President of Ray Rouse Construction Co., Inc., a North Carolina Corporation and that by
authority duly given and as the act of each entity, he signed the forgoing instrument in its name on its
behalf as its act and deed, Wit and and Notarial stamp or seal this 11 th —r
day of February, 1004, !
My Commission Expl'es;,200.
Notary Public
The Fent/ring Celli firmite(ti of
1
hiaereettlGrd to be cattail. ibis instrument and Ns ereetineete 41e duly rsg+lrtered at die rim and time and itt else &dice and page shown on the first page
hereof
_ L LEC WAPUN, JR. REGtsi a OF DEEDS FOft CUMtttttuaANo
By
Deputy/►mrsune • RegIuar of Deeds
' d SEC °
SOH 111119 3d09 Wd8[:t tIAZ •E1 9�3

June 19, 2003
Fayetteville Observer Times
P.O. Box 849
Fayetteville, NC 28302
Attn: Legal Ad Department
Dear Sirs:
Re: Public Notices
micnaei r. uuvdmui
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E., Director
1 Division of Water Quality
?i ccg- fez_
4A u‘laL0-- 11'562 -r1227-1—
Please publish the attached Public Notice one time in the sections set aside for Legal Advertisements in
your newspaper. The publication should run on or before June 27, 2003. Please send the invoice for the
publications and three copies of the affidavit of publication to the address given below. Please refer to project
number 03-0498 in any correspondence. Payment cannot be processed without the affidavit of publication.
N.C. Division of Water Quality
Water Quality Section
2321 Crabtree Boulevard
Raleigh, NC 27604
Attn: John Dorney
If you have any questions, please telephone John Dorney at 919-733-9646.
R. Dorney
er Quality
cc: Fayetteville DWQ Regional DWQ Office
Central Files
File Copy
Paul Farley, Land Management Group
Chuck Gore; GR&F,LLC
ation Program
NORTH CAROLINA DIVISION OF WATER QUALITY
PUBLIC NOTICE is hereby given that GR&R, LLC has applied to the North Carolina Division of Water Quality for an
Isolated Wetland Permit pursuant to the Environmental Management Commission's rules in 15A NCAC 2H 1300. The
activity for this Certification is sought to retain fill placed in 1.38 acres of isolated wetlands at the Woodland Hills
subdivision near Hope Hills,' NC. The applicant proposes to utilize the NC Wetlands Restoration Program to provide
compensatory mitigation at a 2:1 ratio for the wetland impact. In addition, if the percent impervious cover of the site
exceeds 30%, then on -site stormwater management will be required in the Permit.
The public is invited to comment on the above mentioned application to the Division of Water Quality. Comments shall be
in writing and shall be received by the Division no later than July 27, 2003. Comments should be sent to the N.C. Division
of Water Quality, Non -Discharge Branch, 2321 Crabtree Boulevard, Raleigh, NC 27604, Attn: John Dorney (919-733-9646
Fax: [phone]). A copy,of the application is on file at the Division office at Wachovia Building, Suite 714, Fayetteville,
NC 28301 during normal business hours and may be inspected by the public.
Alan Klimek, P.E., Director
N.C. Division of Water Quality
DATE: June 19, 2003
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mall Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
Division of Water Quality
Department of Environmental and Natural Resources
Wetlands/401 Unit
Street Address: 2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604-2260
Mailing Address: 1650 Mail Service Center
Raleigh, NC 27699-1650
Contact Information: Phone #: [phone]
Fax #: [phone]
Fax To: Pc,,+ Fax #: 9o-H5/
Company: Date: 7- 17 -03
Number of pages including cover sheet: 2
Notes or special instructions:
-*)
1)hont, td.- -73.3 -3!-71O
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax),(http://h2o.enr.state.nc.us/ncrvetlands

JUL.-2•1-2003 10:19
y
FAY OBSERVER
P.01/03
The Fayetteville Observer
North Carolina's Oldest Newspaper
The Fayetteville Observer
Carolina Trader
Paraglide
Carolina Flyer
458 Whitfield St:, P.O. Box 849, Fayetteville, NC 28302
To Reach Us By Phone:
Switchboard
Toll -Free
Retail Advertising
Classified Advertising
• Newsroom
DATE:
910-323-4848
800-682-3476
910-486-3538
910-678-9000
910-486-3500
# PAGES: 3
TO: % rl'' eruNttey
FROM;
SENDER'S FAX #.<91iO)4 r 5544-
Message:
i i7c, C,L
To Reach Us By Fax:
Business Office
Newsroom
Retail Advertising
Classified Advertising
910-486-3544
910-486-3545
910-486-3531
910-323-1451
FAx #: Al lq —
TELE, #;
A4 -
oLicikLn. ria.krcA .
910-323.4848
In NC 1-B00-582.3476
458 Whitfield Street
RO, Box 849
Fayetteville, NC 28302
vwdw.fayetl evillencca m

JUL-21-2003 10:19 FAY OBSERVER P.02'03
•
LEGAL INVOICE FILE COPY
THIS IS A REFERENCE INVOICE ONLY.
PLEASE FAY BY YOUR MONTHLY E T ATENENT.
DATE ACCOUNT NO. INVO[OE NO.
06/ 27/03 0643; 12011 073010001
DATES:
JUN 25
AMOUNT
DESCR. WOODLAND HILLS, HOPE MIL
NCDENl i
BUDGET OFFIC,
PO EMI 29535
RALEIGH
NC 27426
.•
•

_JUL-21-2003 10:20
FAY OB5El2UER P.03/03
AFFIDAVIT OF PUBLICATION
NORTH CAROLINA,
Cumberland -Con North Carolina`
Division of
Water Quality
Puhlir. Nnticn is hnrnhv
aim; that GAO. LLe. haw an-
olind to tha ninon f:.n,lin.
Div;w;.n ril W.Inr Qlinlity for
.n Isnhrnd Wntlnnd Pnrmit
pursuant to ton Fnvlrnnn+an-
tei Man,tonln.nl ['rnnrn;.-
airne. nil.. hi 1CiA NI'.AC 7H
1300. Thn arhvity fnr thin
CartIIIrnrnn i6 Annuli! In rM
Win rill olncad in i.aH afros
at ixninr1W rtruSlnudB nl tllo
W17c)L LANs HILLS
SUDDIvIstoN.
NEAR WOE MILLIf, NC.
Thn annllrant rarin.F.. m
„dL'.. ll.. NC Wntl•tnsln Rm
storation Prooram to nun•
virla ennlnanw.I„ ,. Neu,.t . 9t1 ,.Iin nr Ikr, wet•
land ima.rt. In addition. it
the Percent imnnruir.z rye,.
ar or tha ,it...r:..,l. 311%.
rl.0 n.-.it. .tnrmwnlnr man•
Annm“.1 will be required in
tho Pnrmit.
ThA nI4Ilri i ;nv;r.d rn
nn.nwr+r nn Ihrr nbr,w mgt.
lionnd aoolicatian to lha Divr•
Sion of Water Ulfalhy. nun,-
H.H.IN Moll be it wrilino and
shall ha raraivarl by u,. DM.
mini. no Inter than .lulu 17.
711113. Commenr>: AtuadJ ha
rho N.C. Division of
Watnr °entity. Nnh•
Rranch. 7:471
Cratttrnn Rn.lavara. Ra.I1,I :
776n6. Amy John
Dornnv. Phnnn: 9T1.739-
KAli. Fax: 9111.73a-SW 9. A
ceov nr u.. +n.nlir.,,Iian in on
Me at the Division 'attire et
Wtchevie Rldlrlu,a. Hull.
nA. Navan.vlll.. NC 2fIn1
d.rinrr unrrnnl husinnss
h..n:.nrf rrry ha inspoctod
by 1ho public.
2 Dor dt .l„n.1n.7nn7
Abe, Klimyk, Pk. Drroctor
N. Division et
We or Cualllu
6/25 41781a
MONTH
1
i
Before the undersigned, a Notary Public of said County and State, duly
commissioned and authorized to administer oaths, affirmations, etc., person-
ally appeared Cindy L. Orozco
who, being duly sworn or affirmed, according to law, doth depose and say that
he is Legal Secretary
of the FAYETTEVILLE PUBLISHING COMPANY, a corporation organized and
doing business under the Laws of the State of North Carolina, and publishing
a newspaper known as THE FAYETTEVILLE OBSERVER, in the City of
Fayetteville, County and State aforesaid, and that as such he makes this affi-
davit; that he is familiar with the books, files and business of said Corporation
and by reference to the files of said publication the attached advertisement of
LEGAL NOTICE
of NG"a 1 Q.
was inserted in the aforesaid newspaper in space, and on date as follows:
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
and at the time of such publication The Fayetteville observer was a newspaper meeting all the requirements and
qualifications prescribed by Sec. No. 1 - 597 G. S. of N.G.
The above is correctly copied from the books and files of the aforesaid corporation and publication.
My commission expires
S dLcek
Lega3. Secretary
Title
Sworn or affirmed to, and subscribed before me, this
of
icOr
day
, A.D., 2 0 03 .
In Testimony Whereof, i hav`hereunto set my hand and affixed my official seal,
the day and year aforesaid.
5th day of
44, lt_.e-uua%x�
December , 2 0 05
Notary Public
C 0•4.1 r,r*r.,
TOTAL P.03

:MEMORANDUM
TO:
SUBJECT:
Facility Name
Project Number
Recvd From'
Received Date
Protect Type
John Dorney
Non -Discharge Branch
Regional Contact: Ken Averitte
WQ Supervisor:
Date:
WETLAND STAFF REPORT AND RECOMMENDATIONS
Woodland Hills S/D
03 a1:1498
APP
4/22/03 . Recvd By Region 4/2S/2g03
presidential S/D`° and golf course
Certificates Stream
----� -, � -- .J
r Perrnit_ !Wetland, Wetland �Wetlandl Stream )
Type Type ;' Impact i€ -Score 1 Index iPrim 1 Sup
Paul Rawh
;County; ;Cumberland
YCounty2
Region =Fayetteville
Acres Feet_-
asin Req n . Rem ;l
Stream Impacts (ft.)
#Peren .
nial.
I l Y" POC �OO X O N
triter,,:
rnittent"
1-18-31-(23) 1 c 30,615. 1.38 1 1^'
19
Mitigation
Mit_igationT\ape
i7"'�_..
Wetland
Type ; Acres_
Feet
Wetland WRP POC 1.38 1
Is Wetland Rating Sheet Attached? Q Y 0 N Did you request more info? 0 Y Q N
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y QQ N
Is Mitigation required? QQ Y 0 N
Recommendation: ()Issue O) Issue/Cond 0 Deny
Provided by Region: Latitude (ddmmss) 345148 Longitude (ddmmss) 785822
Comments:
(this site is being considered for an enforcement action by FRO). This isolated wetland is now filled.
The developer, GR&F. LLC. purchased the property after a JD had been done by a previous owner.
Mitigation is required due to area of impact. Acceptable mitigation plan, if other than WRP, should be
submitted prior to approval. There is no evidence of avoidance or minimization in the project area.
Condition of recommendation: If impervious area of d. velopment is in excess of 30%, a storm water
management plan should be submitted for approval and implemented upon acceptance.
dr Frier I) )')QM
2t
o r p
cc: Regional Office
Central Office
Page Number 1

Facility Name Woodland Hills SID
County Cwnberland
Project Nurnber ;03 !,0498
Comments (continued from page 1):
Regional Contact:
Date:
Ken 'Averitte
cc: Regional Office
Central Office
Page Number 2

Office Use Only:
USACE Action ID No. DWQ No.
Form Version April 2001
Di 3 0 A' rr-
` A
ti
If any particular item is not applicable to this project, please enter "Not Applicable"
leaving the space blank.
I. Processing
1: -.Check all of the approval(s) requested for this project:
❑ Section 404 Permit
❑ Section 10 Permit
NI 401 Water Quality Certification
❑ Riparian or Watershed Buffer Rules
APR
IVAlaQii
'SE'CTinpI
U')
2. Nationwide, Regional or General Permit Number(s) Requested: Isolated wetland
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
-is not required, check here: ❑
4.' If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
"'mitigation of impacts (see section VIII — Mitigation), check here:
H. ' Applicant information
1. Owner/Applicant Information
GR&F, LLC, attn: Mr. Chuck Gore
41934 S 419 35-
Name:
Mailing Address: P.O. Bo
Fayettevil e, N ' 28309
Telephone Number: 910-864-4073
E-mail Address:
Fax Number: 910-864-1694
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Paul Farley
Company Affiliation: Land Management Group, Inc.
Mailing Address: P.O. Box 2522
Wilmington, NC 28402
Telephone Number: 910-452-0001 Fax Number: 910-452-0060
E-mail Address: pfarley@]mgroup.net
Page 3 of 12

M. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide,a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow'. The specific footprints of all buildings,
impervious surfaces, or other facilities roust be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and MRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Woodland Hills Subdivision
2. T.I.P. Project Nnrnber (NCDOT Only): _
3. Property Identification Number (Tax PIN):
4. Location
County: Cumberland Nearest Town:
Subdivision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.): The property is located on Blacks
Bridge Road (SR 1115 just south of where Rockfish Creek crosses said road
Hope Mills
5. Site coordinates, if available (UTM or Lat/Long): ,N 34° 51' 48", W78° 58' 22"
(Note — If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application:
Residential subdivision
7. Property size (acres): 28 acres
8. Nearest body of water (stream/river/sound/ocean/lake): Rockfish Creek
9. River Basin: Cape Fear
(Note — this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc:us/admin/maps/.)
10. Describe the purpose of the proposed work:
To allow for completion of residential streets. and homes

Date: '1 463
Triage Check List
Project Name: Wp / q/ //;/L,
To: ,❑O Mike Parker
•EI FRO Ken Averitte
`❑ MRO Alan Johnson
❑ RRO Steve Mitchell
From: 2-q7(',
riwQ#: lJ 3
County: 6J,6erlo,../
D WaRO Tom Steffens
❑ WiRO Noelle Lutheran
❑ WSRO Cyndi Karoly (Central Office)
Telephone (919)
The file attachedis being forwarded to your for your evaluation.
• PIease call if you need assistance.
❑ Stream length impacted
❑ Stream determination
❑ Wetland determination and distance to blue -line surface waters on USFW topo maps
Minimization/avoidance issues
❑ Buffer Rules (Neuse,,Tar-Pamlico, Catawba, Randleman)
❑ P dfill
Mitigation Ratios
El Ditching
Are the stream and or wetland mitigation sites available and viable?
❑ Check drawings for accuracy
❑ Is the application consistent with pre -application meetings?
0 Cumulative impact concern
Comments:

9N9'°N
ti
_ t 3111
0OH 11109 HOD W9:6 _OHJOH 11 "G

[Fwd: [Fwd: Region 4 Tips and/or Complaints]]
Subject: [Fwd: [Fwd: Region 4 Tips and/or Complaints]]
Date: Fri, 08 Aug 2003 09:38:03 -0400
From: Ken Averitte <[e-mail]>
Organization: Division of Water Quality
To: John Dorney <[e-mail]>
start at the bottom and read up. this is about the Woodland Hills S/D in
Hope Mills that we talked about on the phone.
Subject: [Fwd: Region 4 Tips and/or Complaints]
Date: Mon, 04 Aug 2003 17:09:22 -0400
From: Paul Rawls <[e-mail]>
To: Ken Averitte <[e-mail]>
fyi
Subject: Re: Region 4 Tips and/or Complaints
Date: Thu, 31 Jul 2003 14:19:20 -0400
From: Paul Rawls <Paul.Rawls @ncmail.net>
To: [e-mail]
Lisa,
We are aware of this situation.
This site is actually less than a mile from my home and I have been there 5 times over
I have spoken with several residents of this subdivision and the North Carolina Land Qi
Town of Hope Mills.
Issues I see at this time are
Post construction runoff,
Possible sedimentation erosion control,
Possible wetland fill,
Violations of municipal ordinances.
I have called the lady back and my staff is looking into it.
Thanks for the referral.
Paul Rawls
Uhl.LisaLaepamail.epa.gov wrote:
> Paul,
>
> I spoke with Ms. Patterson today & gave her your name & # to call.
> Please have someone give her a call. Her complaint is regarding
> stormwater runoff from a subdivision construction site in Hope Mills.
>
> Please let me know the status after your office follows up.
> Thanks, Lisa
1 of 3 8/9/03 10:09 AM

[Fwd: [Fwd: Region 4 Tips and/or Complaints]]
> Lisa J. Uhl
> Environmental Engineer
> EPA Region 4
> [phone]
> [phone] fax
> http://www.epa
>
>
> Please have someone
> Thanks, Lisa
Lisa J. Uhl
Environmental Engineer
EPA Region 4
[phone]
[phone] fax
http://www.epa.gov/region4/wpeb/
Forwarded by Lisa Uh1/R4/USEPA/US
Doug Mundrick
07/21/2003 11:08
AM
gov/region4/wpeb/
Lisa Uhl
07/25/2003 02:49
PM
To:
cc:
Subject:
[e-mail], brad.
Region 4 Tips and/or Compla.
from your staff followup on the citizen compliant
below regarding stormwater. I have called the lady & left a message,
but she hasn't called me back. Please let me know the status after the
State follows up.
on 07/25/2003 02:46 PM
Please follow-up...Doug
Forwarded by Doug Mundrick/R4/USEPA/US
Becky Allenbach
07/18/2003 01:45
PM
To: David Parker/R4/USEPA/US8ER
Uhl /R4 /USEPA/US8EPA
cc:
Subject: Region 4 Tips and/or Compla.
on 07/21/2003 11:07 AM
To: Doug Mundrick/R4/USEPA/US@E.
Welborn/R4/USEPA/US@EPA
cc: Cheryl Mcmenamin/R4/USEPA/U.
Subject: Region 4 Tips and/or Compla.
Becky B. Allenbach, Acting Chief
Accountability Management Branch
(404) 562--9687
[phone] (fax)
[e-mail]
Forwarded by Becky Allenbach/R4/USEPA/US on 07/18/2003
no. reply. oecafeedback@epam
ail.epa.gov
07/15/2003 06:09 PM
01:44 PM
To: Becky Allenbach/R4
cc:
Subject: Region 4 Tips and/
2 of 3 8/9/03 I0:09 AM

[Fwd: [Fwd: Region 4 Tips and/or Complaints]]
>▪ The following is feedback from the OECA web site. You will NOT be able
> to reply to this message!
> It was sent to the following recipients: [e-mail]
>
> Please use the following address (provided by the user) when responding
> to this message: [e-mail]
>
> Name: Tricia Patterson
>
> Reply via email to: [e-mail]
>
> Address: 5555HallWood Dr. HopeMills,N.C.28348
>
> Referring Page: http://www.epa.gov/compliance/complaints.html
>
> Subject: Region 4 Tips and/or Complaints
>
> Telephone Number: 910-423-4703
>
> Alleged Violators Gore Reality/Town of Hope Mills
> Name:
> Alleged Violators Gore Reality 5135 Morganton Rd. Fayetteville,N.C. Town of Hope
> Address: Mills, Hope Mills N.C.28348
>
• Tip/Complaint: my complaint is silt incedent and settlement. (MUD)((MEW
>
3 of 3 8/9/03 10:09 AM

7
r- Alan Klimek, P.E., Director
Division of Water Quality
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
June 19, 2003
Fayetteville Observer Times
P.O. Box 849
Fayetteville, NC 28302
Attn: Legal Ad Department
Dear Sirs:
Re: Public Notices
Please publish the attached Public Notice one time in the sections set aside for Legal Advertisements in
your newspaper. The publication should run on or before June 27, 2003. Please send the invoice for the
publications and three copies of the affidavit of publication to the address given below. Please refer to project
number 03-0498 In any correspondence. Payment cannot be processed without the affidavit of publication.
N.C. Division of Water Quality
Water Quality Section
2321 Crabtree Boulevard
Raleigh, NC 27604
Attn: John Dorney
if you have any questions, please telephone John Dorney at 919-733-9646.
fSOr R. Dorney
er Quality
cc: Fayetteville DWQ Regional DWQ Office
Central Files
opp
Paul Farley, Land Management Group
Chuck Gore; GR&F, LLC
ation Program
NORTH CAROLINA DIVISION OF WATER QUALITY
PUBLIC NOTICE is, hereby given that GR&R, LLC has applied to the North. Carolina Division of Water Quality for an
Isolated Wetland Permit pursuant to the Environmental Management Commission's rules in 15A NCAC 2H 1300. The
activity for this Certification is sought to retain fill placed in 1.38 acres of isolated wetlands at the Woodland Hills
subdivision near Hope Hills, NC. The applicant proposes to utilize the NC Wetlands Restoration Program to provide
compensatory mitigation at a 2:1 ratio for the wetland impact. in addition, if the percent impervious cover of the site
exceeds 30%, then on -site stormwater management will be required in the Permit.
The public is invited to comment on the above mentioned application to the Division of Water Quality. Comments shall be
in writing and shall be received by the Division no later than July 27, 2003. Comments should be sent to the N.C. Division
of Water Quality, Non -Discharge Branch, 2321 Crabtree Boulevard, Raleigh, NC 27604, Attn: John Dorney (919-733-9646
Fax: [phone]). A copy of the application is on file at the Division office at Wachovia Building, Suite 714, Fayetteville,
NC 28301 during normal business hours and may be inspected by the public.
DATE: June 19, 2003
Alan Klimek, P.E., Director
N.C. Division of Water Quality
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands

iviiur lttei r. CClylny, l.1VVC,IIV/
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E., Director
Division of Water Quality
June 19, 2003
DWQ # 03-0498
Cumberland County
CERTIFIED MAIL -RETURN RECEIPT REQUESTED
GR&F, LLC
Attn: Mr. Chuck Gore
P.O. Box 41935
Fayetteville, NC 28309
Dear Mr. Gore:
The Division of Water Quality has reviewed your plans for the discharge of fill material into 1.38
acres of isolated wetlands located at Woodland Hills subdivision in Cumberland County near Hope Mills
for residential development. Insufficient evidence ispresent 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, 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
► 1) Can you provide written assurance from the NC Wetlands Restoration Program that they are
willing to accept the responsibility for conducting compensatory mitigation at a 2:1 ratio for this impact?
Other mitigation options (including private mitigation banks) may also be acceptable to DWQ.
0-2) Please provide documentation as to the percent impervious cover for this project. If the percent
impervious cover exceeds 30%, then on -site stormwater management will be required. Please address
this issue.
0-3) We have recently placed this project on Public Notice in the Fayetteville Times. According to the
Isolated Wetland rules, the applicant is required to pay that notice. 1 will send a bill to you once we
receive it from the paper.
0-4) You will need to address the issues raised by the Fayetteville Regional Office with respect to the
after -the -fact nature of thisimpact as described in their Ndice of Violation letter.
Please respond within three weeks of the date of this letter by sending a copy of this information
to me and, one copy to Fayetteville Regional Office. If we do not hear from you in three weeks, we will
assume that you no longer want to pursue this project and we will consider the project as withdrawn. If
you have any questions, please telephone John Dorney at 919-733-1786 or Ken Averitte in .our
Fayetteville Regional Office at 910-486-1541.
R. Dopey
Water Quality Certi
cc: Fayetteville DWQ Regional Office
Wilmington Field Office Corps of Engineers
Central Files
FiT opy
Paul Farley, Land Management Group
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6693 (fax),(httpJ/h2o.enr.state.nc.us/ncwetlands
ication Program

5itoerA, J9w.
iri .00x 2522
'9 Umin aa, Ati.4 Molina 28402
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Wuriff Kanee
June 26, 2003
Mr. John Dorney
NCDENR
Division of Water Quality
1650 Mail Services Center
Raleigh, NC 27699-1650
and via fax [phone]
RE: Woodland Hills -Subdivision
DWQ #03-0498
Cumberland County
Dear John:
gl.93tancA.g'aeh
9805 �eigidstriik . as
9Vi nitan, ✓re 28403
NETLANDSl4o1 GROUP
JUL a 2 2003
NATERQUALITYSECTION
Mr. Chuck Gore of GR&F LLC has forwarded me a copy of your letter dated
June 19, 2003 regarding the above mentioned project. A copy of said letter is
enclosed. This is to advise you that the applicant is responding to your comments and
does not wish that the property be considered withdrawn. I will respond to your
comments in order.
1. Per your guidance, I sent a letter to the NC Wetlands Restoration Project
requesting mitigation for the project. 1 copied you on that letter.
2. Regarding the percent impervious cover, I sent a copy of your letter to Stephanie
Norris of Spaulding and Norris. Ms. Norris is the engineer for the project and will
advise as to the percent impervious cover.
3. Please forward a copy of the invoice and we will ensure prompt payment.

4. I will contact Ken Averitte tomorrow morning regarding the notice received from the
Fayetteville office.
Thank you for your assistance in this matter. Please feel free to contact me if
you have further comments.
Paul M. Farley
Wetland Scientist
cc: Mr. Chuck Gore
Ms. Stephanie Norris
Mr. Ken Averitte

U07►.GiU
ate .93oz 2522
9Notri gtan, ✓ ott/t Vaud14ua 28402
910-452-0001
RaeAt 2 ..dam
°l(!Yteftlten .4624e4.40n
y. W&arg Ja 4zeo
July 7, 2003
Mr. John Dorney
NCDENR
Division of Water Quality
1650 Mail Services Center
Raleigh, NC 27699-1650
and via fax [phone]
RE: Woodland Hills Subdivision
DWQ #03-0498
Cumberland County
Follow up on June.26, 2003 letter
Dear John:
gai e 14
gland epee gath
3805 94/4lte .fie
9(fihnagton, AV 28403
VETLANDS 1401 GROUP
JUL 1 1 2003
AIRIER QUALITY SECTION
I am sending this to follow up on my letter to you dated June 26, 2003 regarding
the above mentioned project. That letter was written in response to your letter dated
June 19, 2003. 1 believe that we can now addressed al of the concerns mentioned in
your letter. I have addressed the comments in the ord r that you mentioned.
1. The NC Wetlands Restoration Program has agreed to provide mitigation for the
project. A copy of their letter is enclosed.
.Ms. Stephanie Norris of Spaulding and Norris hasi•roposed impervious cover
projections for the project. A copy of Ms. Norris' letter is enclosed.
3. Please forward a copy of the invoice for the bill and we will pay it.
4. I spoke recently with Ken Averitte regarding the comments addressed in the letter
from the Fayetteville office. I will summarize the after the fact nature of the project in

the following paragraphs.
The wetlands in question were determined to be "isolated" and therefore non -
jurisdictional by the Corps on March 6, 1998 (Action ID 199800572). The property
owners believed that the wetlands could be filled and obtained all necessary permits to
clear and develop the tracts. However, they did not complete all of the clearing work
prior to the adoption of the isolated wetland regulations by DWQ.
I met on -site with Ken Averitte on February 26, 2003 to address the situation.
Ken explained that the options were to remove the fill or apply for a permit. I advised
the applicants as such. They then applied the permit. This decision was made based
on the fact that much of the work had been completed and that the applicants had
invested a substantial amount of time and money in the project. The applicants did not
realize they had violated any regulations after having undergone the process of
obtaining subdivision approval.
Thank you for your assistance in this matter. I hope that this information will
help to expedite the permit process. Please feel free to contact me if you have
questions.
Sincerely:
P u[ M. r ey
Wetland Sci ntist
cc: Mr. Chuck Gore
Mr. Ken Averitte
Ms. Stephanie Norris

Jul 09 03 12:21p SPRULDING&NORRIS, PA [phone] p.2
July 3, 2003
SPAULN& NRR
Planning DI
+Civil EngineeringG O
+EnvirIS, PAonmental
Mr. Paul Parley
Land Management Group
P. O. Box 2522
Wilmington, North Carolina 28402
RE: W 00DJ AND HILL SUBDIVISION (DWQ #03-0498)
Dear Paul:
Per your request, lam providing information related to impervious area for the above referenced project, in
response to Division of Water Quality comments dated June 19, 2003. The Developer, GR&F, LLC,
intends to develop the site such that the total impervious area is below the 30% threshold. The following
calculations are provided for your use:
Total Project Area
Total Allowable Impervious Area
Area of All Streets (Curb to Curb)
Allowable Impervious Area far Ali Lots
Allowable Impervious Area per Lot
• 26.88 AC
U
-ck Ac6
8.06 AC (30% of the Total Project Area)
2.96 AC
5.10 AC
• 0.065 AC
2830 SF
(5.10 AC -: 79 Lots)
The Allowable impervious Arca per Lot includes the house footprint, concrete driveway, and concrete
patio. The Developer indicated that some lots will have wood decks in Iieu of concrete patios.
Please advise if you have additional comments or questions regarding these calculations. Let me know if 1
can be of further assistance in the permitting process.
�0,01,1)1,,,,,/J
SinperelY, _ ��o pd k: CwROl �
ep1 anie L. Norris, PEA SEAL
23048 e
L• N,‘
4
,,,it\�{y�
Spaulding & Norris, PAI
Phone: [phone] * Past [phone].972 Trinity Road + Raleigh, North Carolina 27607

North Carolina
Department of Environment and Natural Resources
Michael F. Easley, Governor
William G. Ross Jr., Secretary .
June 25,'2003
Paul M. Farley, Wetland Scientist
Land Management Group, Inc.
P.O. Box 2522
Wilmington,'NC 28402
Subject: Project: Woodland Hills
County: Cumberland.
ATA
NCDENR
The purpose of this letter is to notify you that the North Carolina Wetlands Restoration Program (NCWRP) is
willing to accept payment for non -riparian wetlands impacts associated with the subject project. Please note that
the decision by the NCWRP to accept the mitigation requirements of this project does not assure that this .payment
will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water -Quality Wetlands/401
Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCWRP for
impacts associated with this project is appropriate.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued
404 Permit/401 Certification within this time frame, this acceptance will expire.
Based on the'information supplied by you in a letter dated June 4, 2003 the non -riparian wetlands restoration that
is necessary to satisfy the compensatory mitigation requirements for this project is summarized in the following
table. The maximum amount of mitigation that the NCWRP will accept for this project is also indicated in this
Streams
(linear feet)
Non -Riparian
Wetlands (acres)
Buffers (sq. ft.)
Impacts
1.377
Mitigation Maximum
2.754
The non -riparian wetlands mitigation will be provided as specified in the 401 Water Quality Certification and/or
Section 404 Permit for impacts associated with the subject project in Cataloging Unit 03030004 of the Cape Fear
River Basin. The mitigation will be performed in accordance with the Memorandum of Understanding between
the N.C. Department of Environment and Natural Resources and the U.S. Army Corps of Engineers dated
November 4, 1998.
If you have any questions or need additional information, please contact, Carol Shaw at [phone].
Sincerely,
Rofiald01"1-
E. Ferrell,
Program Manager
cc: Cyndi Karoly, Wetlands/401 Unit
Lillette Moore, USACOE-Wilmington
Ken Averitte, DENR Fayetteville Regional Office
file
Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619
[phone] Fax: [phone]

Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
July 23, 2003
To: John
From: Todd
Re: Woodland Hi Is
DWQ# 030498
Cumberland County
The applicant shows about 3600 feet of 50 foot wide road and about 700 feet of 30 foot wide road. I estimate about 4.5
acres of imperviousness which is different from their road estimate of 3 acres. Anyway, based on that it would leave about
1990 ft2 per lot. Assuming 30' by 20' driveways and 15' by 15' patios, that would leave an averagebuilding footprint of
about 1160 ft2 which is probably reasonable for 1/4 ac Tots and two story houses... Anyway, I guess the site plan does not
contain enough detail to show road width, curb to curb. Also, I do not agree with their estimates as provided. If these are
ranch homes 1160 ft2 would be really small. I think they need to provide more information to justify their estimates.
However, if their road estimates are correct (they did not provide sufficient plan detail to confirm), their building foot prints
could be as large as 2000 ft2.
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/

Yemzi
Zia Aid
9G: *AM .10.0661467t.
wuzif Tutnet
July 7, 2003
Mr. John Dorney
NCDENR
Division of Water Quality
1650 Mail Services Center
Raleigh, NC 27699-1650
and via fax [phone]
540(0, !.1 rnc.
VolzudiamA
e 'ce Aix 2522
9edinengto74 ./roof% Viewing 28402
Tel [phone]
RE: Woodland Hills Subdivision .
DWQ #03-0498
Cumberland County
Follow up on. June 26, 2003 letter
Dear John:
guile 14
a5d unwA, epee Oa
3805 9446444 il4 uie
9047tL1251071., .4e6 28403
VETLANDS 1401 GROUP
JUL 1 12003
(VATER QUALITY SECTION
I am sending this to follow up on my letter to you dated June 26, 2003 regarding
the above mentioned project. That letter was written in response to your letter dated
June 19, 2003. I believe that we can now addressed all of the concerns mentioned in
your letter. I have addressed the comments in the order that you mentioned.
1. The NC Wetlands Restoration Program has agreed to provide mitigation for the
project. A copy of their letter is enclosed.
2. Ms. Stephanie Norris of Spaulding and Norris has proposed impervious cover
projections for the project. A copy of Ms. Norris' letter is enclosed.
3. Please forward a copy of the invoice for the bill and we will pay it.
4. I spoke recently with Ken Averitte regarding the comments addressed in the letter
from the Fayetteville office. I will summarize the after the fact nature of the project in

the following paragraphs.
The wetlands in question were determined to be "isolated" and therefore non -
jurisdictional by the Corps on March 6, 1998 (Action ID 199800572). The property
owners believed that the wetlands could be filled and obtained all necessary permits to
clear and develop the tracts. However, they did not complete all of the clearing work
prior to the adoption of the isolated wetland regulations by DWQ.
I met on -site with Ken Averitte on February 26, 2003 to address the situation.
Ken explained that the options were to remove the fill or apply for a permit. I advised
the applicants as such. They then applied the permit. This decision was made based
on the fact that much of the work had been completed and that the applicants had
invested a substantial amount of time and money in the project. The applicants did not
realize they had violated any regulations after having undergone the process of
obtaining subdivision approval.
Thank you for your assistance in this matter. I hope that this information will
help to expedite the permit process. Please feel free to contact me if you have
questions.
Sincerely:
PUf M. F ey
Wetland Sci ntist
cc: Mr. Chuck Gore
Mr. Ken Averitte
Ms. Stephanie Norris

—:.3u1r a9 63 1J2:21p SPFAULDING&NORRIS, PA
19191854-7925 p.2
128-41
sNsPAULDING & NORRIs, PA
Planning • Civil Engineering • Environmental
July 3, 2003
. Mr. Paul Farley
Land Management Group
P.O. Box 2522
Wilmington, North Carolina 28402
RE: WOODLAND HILL SUBDIVISION (DWQ #03-0498)
Dear Paul:
Per your request, I am providing information related to impervious area for the above referenced project, in
response to Division of Water Quality comments dated June 19, 2003. The Developer, GR&F, LLC,
intends to develop the site such that the total impervious area is below the 30% threshold. The following
calculations are provided for your use:
Total Project Area
Total Allowable Impervious Area
Area of All Streets (Curb to .Curb)
Allowable Impervious Area for All Lots
Allowable Impervious Area per Lot
• 26.88 AC
8,06 AC
2.9b AC
5.10 AC
• 0.065 AC
2830 SF
(30% of the Total Project Area)
(5.10 AC _ 79 Lots)
The Allowable impervious Arca per Lot includes the house footprint, concrete driveway, and concrete
patio. The Developer indicated that some lots will have wood decks in lieu of concrete patios.
Please advise ifyou have additional comments or questions regarding these calculations. Let me know if l
can be of further assistance in the permitting process.
1.00tirirrrrr���<<
Sinperely, �.� H CARoi "',,�,.
a•�O�ESS�p,��tiI'd'-�
{mow
ra
SEAL
23048 ,
NN```
I riti� �+`�
ep nie L. Norris, PE%
Spat) ding & Norris, PAI
Phone: [phone] • Fax: [phone] Trinity Road •:Raleigh, North Carolina 27607

North Carolina
Department of Environment and Natural Resources
} 4ichael F. Easley, Governor
William G. Ross 'Jr., Secretary
June 25, 2003
Paul M. Farley, Wetland Scientist
Land Management Group, Inc.'
P.O. Box 2522
Wilmington, NC 28402
Subject: Project: Woodland Hills
County: Cumberland
ATA
NCDENR
The purpose of this letter is to notify you that the North,Carolina Wetlands Restoration Program (NCWRP) is
willing to accept payment for non -riparian wetlands impacts associated with the subject project. Please note that
the decision by the NCWRP to accept the mitigation requirements of this project does not assure that this payment
will be approved by the U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401
Unit. It is the responsibility of the applicant to contact these agencies to determine if payment to the NCWRP for
impacts associated with this project is appropriate.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued
404 Permit/401 Certification within this time frame, this acceptance will expire.
Based on the information supplied by you in a letter dated June 4, 2003 the non -riparian wetlands restoration that
is necessary to satisfy the compensatory mitigation requirements for this project is summarized in the following
table. The maximum amount of mitigation that the NCWRP will accept for this project is also indicated in this
table.
Streams
(linear feet)
Non -Riparian
Wetlands (acres)
Buffers (sq. ft.)
Impacts
1.377
Mitigation Maximum
2.754
The non -riparian wetlands mitigation will be provided as specified in the 401 Water Quality Certification and/or
Section 404 Permit for impacts associated with the subject project in Cataloging Unit 03030004 of the Cape Fear
River Basin. The mitigation will be performed in accordance with the Memorandum of Understanding between
the N.C. Department of Environment and Natural Resources and the U.S. Army Corps of Engineers dated
November 4, 1998.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
Sincerely,
Ro ald Ferrell,
Program Manager
cc: Cyndi Karoly, Wetlands/401 Unit
Lillette Moore, USACOE-Wilmington
Ken Averitte, DENR Fayetteville Regional Office
file
Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619
[phone] Fax: [phone]

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
rr- Alan Klimek, P.E., Director
Division of Water Quality
s
August 6, 2003
DWQ # 03-0498
Cumberland County
CERTIFIED MAIL -RETURN RECEIPT REQUESTED
GR&F, LLC
Attn: Mr. Chuck Gore
P.O. Box 41935
Fayetteville, NC 28309.
Dear Mr. Gore:
' The Division of Water Quality has reviewed your plans for the discharge of fill material into 1.38 acres of isolated wetlands
located at Woodland Hills subdivision in Cumberland County near Hope Mills for residential development. 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, 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
0-1) Staff from this Office reviewed the submittal from Land Management dated July 7, 2003. The information shows about
3600 feet of 50 foot wide road and about 700 feet of 30 foot wide road resulting in about 4.5 acres of imperviousness
which isdifferent from the road surface estimate of 3 acres. Based onthat it would leave about 1990 ft2 per lot.
Assuming 30' by 20' driveways and 15' by 15 ' patios, that would only leave an average building footprint of about 1160
ft2. In any event, it does not appear that the development will be less than 30% impervious. As such, please submit a
stormwater management plan designed to remove 85% TSS from the runoff from the entire site according to the NC
DENR Stormwater Best Management Practices Manual.
Please respond within three weeks of the date of this letter by sending a copy of this information to me and, one copy
to Fayetteville Regional Office. If we do not hear from you in three weeks, we will assume that you no longer want to pursue
this project and we will consider the project as withdrawn. If you have any questions, please telephone John Dorsey at 919-
733-1786 or Ken Averitte in our Fayetteville Regional Office at 910-486-1541.
Sincerely,
401 Water Quality Certification Program
cc: Fayetteville DWQ Regional Office
Wilmington Field Office Corps of Engineers
Central Files
FIle:Copy
Paul Farley, Land Management Group
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetiands -

4 �
v •G
August 4, 2003
Paul Farley
Land Management Group
P. O. Box 2522
Wilmington, NC 28402
Dear Mr. Paley:
O
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
RE: Isolated wetland permit for Woodland Hills subdivision, Hope Mills
Payment of public notice
Cumberland County
DWQ # 03-0498
Attached please find a copy of the Public Notice for the above -mentioned project for $151.28. DWQ
rules require that the applicant pay for the Public Notice (15A NCAC 2H .1303(a)(1). Please pay the bill
directly to the Fayetteville Observer and copy me on the letter so we can be certain that this requirement has
been met. Please note the DWQ Project number on your letter so we can be certain that the information reaches
the proper file.
I can be reached at 919-733-9646 if you have any questions.
Sincerely yours,'
n Dorney
CC: File,cop .
Central files
Chuck Gore; GR&F, LLC
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
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JUL.-21-2003 10 :20
FAY OBSERVER
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AFFIDAVIT OF PUBLICATION
NORTH CAROLINA,
Cumberland Cou North Carolina --
Division of
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Before the undersigned, a Notary Public of said County and State, duly
commissioned and authorized to administer oaths, affirmations, etc.,' person-
ally appeared Cindy L. Orozca
who, being duly sworn or affirmed, according to law, loth depose and say that
he is Legal Secretary
of the FAYETTEVILLE PUBLISHING COMPANY, a corporation organized and
doing business under the Laws of the State of North Carolina, 'and publishing
a newspaper known as THE FAYETTEVILLE OBSERVER, in the City of
Fayetteville, County and State aforesaid, and that as such he makes this affi-
davit; that he is familiar with the books, files and business of said Corporation
and by reference to the files of said publication the attached advertisement of
LEGAL NOTICE
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was inserted in the aforesaid newspaper in space, and on date as follows:
13,
14
16
16
17
18
19
20
21
22
23
24 25 26 27
x
28
29
30
31
and at the time of "such publication The Fayetteville observer was a newspaper meeting all the requirements and
qualifications prescribed by Sec. No. 1 - 597 G. S. of N.C.
The above is correctly copied from the books and files of the aforesaid corporation and publication..
My commission expires
e' cR.o4c
Legal. Secretary
Title
Sworn or affirmed to, and subscribed before me, this day
of - -, A.D., 2 0 03
In Testimony Whereof, IIhhav hereunto set my hand and affixed my official seal,
.the day and year aforesaid.
5th day of
Deeembet , 2 0 05
Notary Public

JUL-21-2003 10:19
FAY OBSERVER
ti.
LEGAL INVOICE FILE COPY
THIS IS A REFERENCE INVOICE ONLY.
PLEASE PAY EY YOUR MONTHLY e3T ATEMENT.
DATE
06/27 /03
DATES:
•
• ACCOUNT NO. INVOICE NO.
064331201 073010001
SUN 23
AMOUNT
S3.5L 2E3
(ESOR. WOODLAND N I LL$' . HOPE M I L
NCDEN1 ,
BUDGET CUFF I C •
PA DO ; 2V B
RAL,EI'
NC 274 26

SN
August 19, 2003
SPAULDING & NORRIS, PA
Planning • Civil Engineering ♦ Environmental
Mr. Todd St. John
NC Division of Water Quality
Central Office
2321 Crabtree Boulevard
Suite 250
Raleigh, NC 27604-2260
Wer44149/4016HAUP
AUG 1 9 2003
4140011111m
Re: Woodland Hills Subdivision — Impervious Surface Calculations
Cumberland County
DWQ Project #03-0498
S&N Project #328-01
Dear Mr. St. John,
ON
Per our telephone conversation on Tuesday, August 19, 2003, please find attached a copy
of the site plan for Woodland Hills Subdivision (formerly Fairway Forest Subdivision) in
Cumberland County. This site plan illustratesthe typical section for all roads in the
subdivision. This plan is submitted to you in response to your letter dated August 6,
2003, in which you dispute the accuracy of the previously submitted impervious surface
calculations dated July 3, 2003, and sealed by Ms. Stephanie Norris, PE. Land
Management Group, Inc., originally submitted these calculations, on July 7, 2003. An
additional copy of these calculations is attached for your reference.
Thank you in advance for your time spent reviewing this site plan and corresponding
impervious surface calculations. Please do not hesitate to contact me if you have
questions, comments or concerns about this informati n.
Sincerely,
Scott Mitchell, PE, LSS
Environmental Engineer/Scientist
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July 3, 2003
SPAULDING & NORRIS, PA
Planning • Civil Engineering • Environmental
Mr. Paul Farley
Land Management Group
P. O. Box 2522
Wilmington, North Carolina 28402
RE: WOODLAND HILL SUBDIVISION (DWQ #03-0498)
Dear Paul:
Per your request, I am providing information related to impervious area for the above referenced project, in
response to Division of Water Quality comments dated June 19, 2003. The Developer, GR&F, LLC,
intends to develop the site such that the total impervious area is below the 30% threshold. The following
calculations are provided for your use:
Total Project Area — 26.88 AC
Total Allowable Impervious Area = 8.06 AC
Area of All Streets (Curb to Curb) = 2.96 AC
Allowable Impervious Area for All Lots = 5.10 AC
Allowable Impervious Area per Lot 0.065 AC
2830 SF
(30% of the Total Project Area)
(5.10 AC - 79 Lots)
The Allowable Impervious Area per Lot includes the house footprint, concrete driveway, and concrete
patio. The Developer indicated that some lots will have wood decks in lieu of concrete patios.
Please advise if you have additional comments or questions regarding these calculations. Let me know if I
can be of further assistance in the permitting process.
CA
Sin erely, sty av 0N;„..RO�/%-
eplanie L. Norris, PEA t • SEAL f
Spaulding & Norris, PAI‘1/4,...
2 3 0 4 8 a R
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Phone: [phone] • Fax: [phone] . 972 Trinity Road • Raleigh, North Carolina 27607

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
November, 16, 2003
CERTIFIED MAIL — RETURN RECEIPT REQUESTED
GR&F, LLC
Attn: Mr. Chuck Gore
Post Office Box 41936
Fayetteville, NC 28309
Subject Property: Woodland Hills subdivision near Hope, Mills, NC
DWQ # 03-0498
Cumberland County
Dear Mr. Gore:
On November 10, 2003 DWQ received a letter from your, consultant (Mr. Paul Farley of
Land Management Group dated November 4, 2003) concerning the above mentioned project.
In particular, Mr. Farley asked why DWQ was requiring on -site stormwater management for this
project since it has been designed to be less than 30 impervious cover (based on a letter to
DWQ from your engineer (Scott Mitchell of Spaulding and Norris) dated August 19, 2003). As
discussed with you on August 13, 2003, DWQ has been contacted by several concerned
citizens regarding stormwater from this project. In addition, the Isolated Wetland rules (15A
NCAC 2H .1305(d)(3), require us to provide protection for downstream uses with on -site
stormwater measures. Given this rule, the public concern and the data submitted by your
engineer that the percentage of impervious cover is high, DWQ will require on -site stormwater
management for this project. As stated in our September 15, 2003 letter, please provide a
stormwater management plan so we can complete action on your project.
I can be reached at 919-733-9646 if you have any questions.
Sincerely yours,
hn Dorney
Cc: Ken Averitte, DWQ Fayettevilleional Office
Danny Smith, DWQ
Paul Farley, Land Management Group
Scott Mitchell, Spaulding and Norris, 972 Trinity Road, Raleigh, NC 27607
File•co r
Central files -
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina 27699-1617 (919) 733-70I5
Customer Service
1-877-623-6748

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November 4, 2003
Mr. John Domey
NC DWQ
2321 Crabtree Blvd.
Suite 250
Raleigh, NC 27604
RE: Woodland Hills Subdivision
DWQ #03-0498
Cumberland County
Dear John:
WEILIADS 401 GROUP
1011 0 2003
*PIER QUp.1 Y SE��ION
1 am sending this to follow up on your last letter which requested a stormwater plan for
the project. Rob Moul has contacted Spaulding and Norris regarding this request.
However, it is my understanding that the project has been designed and shown to have
less than 30% impervious coverage. We would like clarification as to why the plan is
required.
Thank you for your assistance in this matter.
Wetland Scientist
cc: Mr. Chuck Gore

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
September 15, 2003
DWQ # 03-0498
Cumberland County
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
GR&F, LLC
Attn: Mr. Chuck Gore
Post Office Box 41936
Fayetteville, NC 28309
Subject Property: Woodland Hills subdivision near Hope Mills, NC
Dear Mr. Gore:
On April 22,-2003 the Division of Water Quality (DWQ) was .notified by receipt of your application regarding
your plan to fill wetlands or waters for the purpose of constructing a residential subdivision and golf course in
Cumberland County. Approval from DWQ is required to disturb these areas. Please provide 7 copies of the
following information and refer to the DWQ # listed above in your reply. Please show these on maps of suitable
scale (for instance 1" 100 feet) so we can begin to determine your projects' compliance with 15A NCAC 2H
.0500.
1. Please provide a copy of the stormwater management plan.
Please telephone Danny Smith at 919-733-9716 if you have any questions or would require copies of our rules or
procedural materials. This project will remain on hold as incomplete in accordance with 15A NCAC 2H .0505(c).
The processing time for this application will begin when this information is received. If we do not hear from you
by writing or by fax at [phone] within three (3) weeks we will assume you no longer want to pursue the
project and will consider it withdrawn.
Sincerely,
R. Dorney
Water Quality
JRD/bs
cc: Fayetteville DWQ Regional Office
Wilmington Corps of Engineers
Central Files
<FiieOopy
Spaulding and Norris, 972 Trinity Road, Raleigh, NC 27607
ication Program
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax),(httpa/h2o.enr.state.nc.usincwetlands)
Customer Service #: 1-877-623-6748

wA1 Michael F. Easley, Governor
Q William G. Ross Jr., Secretary
pG North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
North Carolina Isolated Wetland Permit Number 12
This Permit is issued in conformity with the requirements of the North Carolina Division of Water Quality
(DWQ) Regulations in 15 NCAC 2H, Section 0.1300. It is issued to Chuck Gore, GR&LLC resulting in
1.38 acres of wetland impact in Cumberland County pursuant to an application filled April 22, 2003 with
final stormwater revision dated February 20, 2004 to construct the Woodland Hills subdivision at Blacks
Bridge Road (SR 1115) near the Rockfish Creek crossing.
The application provides adequate assurance that the discharge of fill material into wetlands in the
watershed of Rockfish Creek in conjunction with the proposed development will not result in a violation
of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina
certifies that this activity will not violate the applicable proportions of Section 301, 302, 303, 306, 307 of
PL 92-500 and PL 95-214 if conducted with the applicable and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your application, as
described in application dated April 22, 2003 with finalstormwater revision dated February 20, 2004. If
You change your project,eyou must notify us and send a new application for a new Permit. If the
property is sold, the new owner must be given a copy of this Permit and approval letter and is thereby
responsible for complying with all conditions. For this approval to be valid, you must follow the
conditions listed below. 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.
Condition(s) of Permit
1. Appropriate sediment and erosion control practices must be utilized, which equal or exceed
those outlined in the most recent version of two manuals, either "North. Carolina Sediment and
Erosion Control Planning and Design Manual" or the "North Carolina Surface MiningManual
(available from the Division of Land Resources in the DEHNR Regional or Central Offices). The
control practices shall be utilized to prevent exceedances of the appropriate turbidity water
quality standards (50 NTUs in all fresh water streams and rivers not designated as trout waters;
25 NTUs in all lakes and reservoirs, all saltwater classes; and 10 NTUs in trout waters);
2 All temporary sediment and erosion control measures placed in wetlands or waters shall be
removed and natural grade restored after the Division of Land Resources has released the
project;
3. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters
of the state until the concrete had hardened;
4. An additional condition is that the final written stormwater management plan dated February 20,
2004 shall be constructed as submitted and maintained in perpetuity as agreed in the plan
5. Compensatory mitigation for this project shall be done as agreed using the Ecosystem
Enhancement Program (the successor to the N.C. Wetlands Restoration Program) for 2.76
acres of non -riparian wetlands.
6. Issues related to previous non-compliance with the Isolated Wetland rules shall be addressed
through the Division's Fayetteville Regional Office and are separate from this approval.
7. Upon completion of this project, the applicant shall complete and return the enclosed "Permit of
Completion Form" to notify DWQ that all work included in the Wetland Permit has been
completed. The responsible party shall complete the attached form and return it to the
401/Wetland' Unit of the Division of Water Quality.
Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: [phone] Fax: [phone] Customer Service
1 800 623-7748

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
North Carolina Division of Water Quality
Isolated Wetland Permit
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.1300, Chuck Gore, GR&R, :LLC has permission as outlined below to impact 1.38 acres of
wetlands for the purpose(s) of constructing the proposed Woodlands Hills subdivision near Hope Mills in Cumberland County. All
activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal
letter. THIS PERMIT IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS WETLANDS RESTORATION PROGRAM
LOCATION: Blacks Bridge Road (SR 1115) near Rockfish Creek
COUNTY Cumberland
BASIN/ SUB BASIN 030615
As required by 15A NCAC 2H.1300, and the conditions of this Permit, you are required to compensate for the above impacts
through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to conducting
any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one -quarter
acre increments according to 15 2R.0503(b).
Acres of Class WL wetlands
Acres of riparian wetland
2.76 Acres of non- riparian wetlands
Acres of Class SWL wetlands
Linear feet of stream buffers
Other
One of the options you have available to satisfy the compensatory mitigation, requirement is through the payment of a fee to
the Wetlands Restoration Fund NCAC 2R.0503. If you choose this option, please sign this form and mail to the Ecosystem
Enhancement Program at the address below. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU
RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYSTEM ENHANCEMENT PROGRAM.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
Department of Environment and Natural Resources
1619 Mail Service Center
Raleigh, NC 27669-1619
[phone]
Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: [phone] Fax: [phone] Customer Service .
1 800 623-7748

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
North Carolina Isolated Wetland Permit
This Permit is issued in conformity with the requirements of the North Carolina Division of Water Quality (DWQ) Regulations in
15 NCAC 2H, Section 0.1300. it is issued to Chuck Gore, GR&LLC Ethel Burnette, et.al resulting in 138 acres of wetland
impact in Cumberland County pursuant to an application filled April 22, 2003 with final stormwater revision dated February 20,
2004 to construct the Woodland Hills subdivision at Blacks Bridge Road (SR 1115) near the Rockfish Creek crossing.
The application provides adequate assurance that the discharge of fill material into wetlands in the watershed of Rockfish
Creek in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and
discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable proportions
of Section 301, 302, 303, 306, 307 of PL 92-500 and PL 95-214 if conducted with the applicable and conditions hereinafter set
forth.
This approval is only valid for the purpose and design that you submitted in your application, as described in application dated
April 22, 2003 with final stormwater revision dated. February 20, 2004. If you change your project, you must notify us and send
a newapplication for a new Permit. If the property is sold, the new owner must be given a copy of this Permit and approval
letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now and in the future)
exceed one acre or total perennial stream impact exceeds 150 feet, compensatory mitigation may be required as described in
15A NCAC 2H.1300. For this approval to be valid, you must follow the conditions listed below. 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.
Condition(s) of,Permit
•
1. Appropriate sediment and erosion control practices must be utilized, which equal or exceed those outlined•in:the
most -recent version of two manuals, either "Ndrth'Carolina Sediment and Erosion Control Planning andnesign
Manual" or the "North Carolina Surface Mining Manual" (available from the Division of Land Resources'in the
DEHNR Regional or Central Offices). The control practices shall be utilized to prevent exceedarlces of
the appropriate turbidity water quality standards (50 NTUs in all freshwater streams and rivers not
designated as trout waters; 25 NTUs in all lakes and reservoirs, all saltwater classes; and 10 NTUs in
trout waters);
2. All temporary sediment and erosion control measures placed in wetlands or waters shall be removed and
natural grade restored after the Division of Land Resources has released the project;
3. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters of the
state until the concrete had hardened;
4. An additional condition is that the final written stormwater management plan dated February.20, 2004 shall
be constructed as submitted and maintained in perpetuity as agreed in the plan
5. Compensatory mitigation for this project shall be done as agreed using the Ecosystem Enhancement
Program (the successor to the N.C. Wetlands Restoration Program) for 2.76 acres of non -riparian
wetlands.
6. Upon completion of this project, the applicant shall complete and return the enclosed "Permit of
Completion Form" to notify DWQ that all work included in the Wetland Permit has been completed. The
responsible party shall complete the attached form and return it to the 401/Wetland Unit of the Division of
Water Quality.
A
Wetlands/401 Unit 1650 Mail Service Center
CDC
Raleigh, NC 27699-1650 Ph: [phone] Fax: [phone] Customer Service
1 800 623-7748

February 29, 2004
GR&R. LLC
Attn: Chuck Gore
P.O. Box 41934
Fayetteville, NC 28309
Dear Mr. Gore:
Michael P. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
RE: Isolated Wetland Permit
Woodland Hills subdivision
WQC Project # 03-0498
Cumberland County
Attached hereto is a copy of Isolated Wetland Permit No. 12 issued to GR&R. LLC for the Woodland
Hills subdivision project dated February 29, 2004.
If we can be of further assistance, please do not hesitate .to contact us.
limek, P.
Attachments
CC: Fl�a etteville DWQ Regional Office
mile copy
Central files
Scott Mitchell; Spaulding and Norris, 972 Trinity Road, Raleigh, NC 27607
Paul Farley; Land Management Group; P.O. Box 2522, Wilmington, NC 28402
Ron Ferrell; Ecosystem Enhancement Program
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
North Carolina Division of Water Quality
Isolated Wetland Permit
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.1300, Chuck Gore, GR&R, LLC has permission as outlined below to impact 1.36 acres of
wetlands for the purpose(s) of constructing the proposed Woodlands Hills subdivision near Hope Mills in Cumberland County. All
activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal
letter. THIS PERMIT IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS WETLANDS RESTORATION PROGRAM
LOCATION: Blacks Bridge Road (SR 1115) near Rockfish Creek
COUNTY Cumberland
BASIN/ SUB BASIN 030615
As required by 15A NCAC 2H.1300, and the conditions of this Permit, you are required to compensate for the above impacts
through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to conducting
any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one -quarter
acre increments according to 15 2R.0503(b).
Acresof Class WL wetlands -
Acres of riparian wetland
2.76 Acres of non- riparian`wetlands
Acres of Class SWL wetlands
Linear feet of stream buffers
Other
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to
the Wetlands Restoration Fund NCAC 2R.0503. If you choose this option, please sign this form and mail to the Ecosystem
Enhancement Program at the address below. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU
RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYSTEM ENHANCEMENT PROGRAM.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
Department of Environment and Natural Resources
1619 Mail Service Center
Raleigh, NC 27669-1619
[phone]
Aira
NCDENR
Wetlands/401 Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ph: [phone] Fax: [phone] Customer Service
1 800 623-7748

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
January 24, 2004
Mr. Scott Mitchell
Spaulding and Norris
92 Trinity Road
Raleigh, NC 27607
Dear Mr. Mitchell:
RE: Woodland Hills stormwater management plan
DWQ # 03-0498
S&N Project # 328-01
Cumberland County
Thank you for your submittal of additional stormwater management information dated
December 23, 2003. Based on my notes from our meeting of November 21, 2003, your
submittal did not address the following areas of the project as we discussed. Please provide
stormwater management information for the following areas:
• Lots 35-37. We discussed use of a grassy swale for the stormwater from these
lots
• Lots 17 to 20. We discussed directing stormwater flow from these lots to the rear
of these lots to minimize downstream stormwater.
The remainder of the stormwater management plan provided in your December 23 letter
is acceptable to DWQ. This project shall remain on hold until the additional information is
supplied as outlined above.
I can be reached at 919-733-9646 if you have any questions.
Sin, erely yours,
orney
Cc: Ken Averitte, DWQ Fayetteville ='•nal Office
�Dar�r y Smith
File copy
Central files
Mr Chuck Gore; GR&F, LLC,; P.O. Box 41936; Fayetteville, NC.28309
Paul Farley, Land Management Group
N. C. Division of Water Quality . 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [phone]
Customer Service
1-877-623-6748

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G., R. & F., LLP
330 CQLLINWOOD DRIVE PH, 910-867-8667
FAYETTEVILLE, NC 28303
68-85/531 1138
0242178776
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M�RIs
&Iai LLP
VIA U.S. MAIL
MAILING ADDRESS:
P.O. Box 2060
Raleigh, North Carolina 27602
Margaret P. EagIes
Assistant Attorney General
N.C. Department of Justice
114 W. Edenton Street
Raleigh, NC 27603-1712
RE: GR & F LLP v. DENR
Our File: 5479.001
Dear Ms. Eagles:
LOCATION:
Two Hannover Square, Suite 2010
Raleigh, North Carolina 27601
February 8; 2004
TELEPHONE:
FACsiivMILE:
TOLL -FREE:
919.420.7826
919.420.7838
888.285.7634
wwis..hpn:h_com
E@EIIWED
FEB
1 5 20D5
F E B 5 2005
DENR - WATER QUALITY
POINT SOURCE BRANCH
Enclosed please find a fully executed original copy of the Settlement Agreement and
Withdrawal of Petition, together with a check payable to NC DENR in the amount of One
Thousand Twenty Three and 87/100 Dollars (S1,023.87). -Unless F hear from you prior to
February 21, 2005, we shall file the Settlement Agreement and Withdrawal of Petition in 'Elie
Office of Administrative Hearings, which shall finally conclude this matter.
Please call me with any questions.
Sincerely,
HOLT YORK McDARRIS & HIGH, LLP
Enclosures
cc Chuck Gore (w/o enclosure)
Kathy Cooper RE.SED
FEB 1 1 2005
N.C. AT TORZ-, Y GENERAL
01vision
Raleigh Edenton

STATE OF NORTH CAROLINA IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF CUMBERLAND 04-EHR-0410
G R & F, LLP, )
)
Fetirion�r, )
v. - ) SETTLEMENT AGREEMENT
) AND
NORTH CAROLINA DEPARTMENT OF ) WITHDRAWAL OF PETITION
ENVIRONMENT AND NATURAL )
RESOURCES, DIVISION OF WATER )
QUALITY, )
)
Respondent. )
G R & F, LLP ("Petitioner") and the North Carolina Division of Water Quality ("DWQ")
of the Department of Environment and Natural Resources ("DENR" or "the Department"),
Respondent, hereby enter into this Settlement Agreement ("Agreement") in order to resolve
several matters in controversy between the parties, pursuant to N.C. Gen. Stat. § 150B-31(b).
This matter arose out of the assessment of a civil penalty totaling nine thousand five hundred
twenty three dollars and eighty-seven cents ($9,523.87), including five hundred twenty-three
dollars and eighty-seven cents ($523.87) in investigative costs, which was imposed upon
Petitioner on February 11, 2004 for alleged violations of N.C. Gen. Stat. § 143-215.1 et seq. and
the North Carolina Administrative Code, Title 15A Chapters 02H .1300 and 02B .023(a)(1) and
(b)(1).
Without any hearing of fact or law in the above -styled matter, IT I5 THEREFORE
AGREED BY THE PARTIES THAT:
1. In order to avoid the cost and delay of litigation and without admitting liability,
the parties have entered into this Agreement and have agreed that all parties have been correctly
designated and that there is no question as to misjoinder or nonjoinder.

2. Petitioner shall pay one thousand twenty-three dollars and eighty seven cents
($1,023.87) (Settlement Amount) to Respondent, which consists of$500.00 in civil penalties and
S523.87 in enforcement costs, in complete satisfaction of the February 11, 2004 Assessment
(7W7 r'=S(1-t SI. 75.`711is Jettl:ern enLAmouni Shall 5eriaidwithin 30 days_ cr tile.ex ecution of this
Agreement.• Payment shall be made by check and made payable to the "North Carolina
Department of Environment and Natural Resources" or to "DENR" and delivered to the
following address:
Margaret P. Eagles
Assistant Attorney General
N.C. Department of Justice
Environmental Division
Post Office Box 629
Raleigh, North Carolina 27602-0629
3. If the terms of Paragraph 2 of this Agreement are violated, Petitioner shall owe
the Department the total amount of the civil penalty assessment, WQSS 03-0317, including
investigative costs, nine thousand five hundred twenty-three dollars and eighty-seven cents
(S9,523.87).
4. Petitioner agrees to fully comply with the "After the Fact" Permit (No. 12), issued
on February 29, 2004, including but not limited to payment into the EEP for compensatory
mitigation for 2.76 acres of non -riparian wetlands; and
5. Respondent agrees that full execution of this Agreement should be considered
as Petitioner's compliance with Condition No. 6, contained in the "After the Fact" Permit (No.
12), issued by DWQ on February 29, 2004.
6. Both Parties represent that, as of the date of execution of this Agreement, and
based on information available to each party at this time, Petitioner will be in full compliance
2

with the "After the Fact" Permit (No. 12) issued to Petitioner on February 29, 2004, after
Petitioner makes payment into the EEP for compensatory mitigation for 2.76 acres of non -
riparian wetlands as required by Paragraph 4 of this Agreement.
i . N thimz in t17is .-' eeriien shall restricc.1 the rian: of ].;N"i( -co rnspek,t -or taike
enforcement action against G R & F, LLP, for any new or subsequent violations of the Water
Quality Laws and the relevant rules promulgated thereunder. Similarly, nothing in this
Agreement shall restrict the right of G R & F, LLP to contest a new or subsequent enforcement
action arising outside of the civil penalty, SS-03-0317, assessed by DWQ on February 11, 2004.
8. Petitioner expressly agrees that by entering into this Agreement, he waives, for
purposes of collection of the Settlement Amount due hereunder, any and all defenses to the
underlying civil penalty assessment, and that the issue in any action to collect said Settlement
Amount will be limited to issues of compliance with this Agreement.
9. The parties agree that the consideration for this settlement is the promises
contained herein and that this Agreement contains the whole agreement between them.
10. This Agreement shall be binding upon the parties, their successors and assigns,
upon execution by the undersigned, who represent and warrant that they are authorized to enter
into this Agreement on behalf of the parties hereto. In the event that either party hereto is later
found not to have the authority to enter into this Agreement for any reason, the other party shall
not be deemed to have waived any rights or claims as a result of its or their execution of this
Agreement.
3

WITHDRAWAL OF PETITION
Full Execution of this Agreement by Petitioner and Respondent serves as Petitioner's
Voluntary Withdrawal with Prejudice of the Petition for Contested Case Hearing in this matter.
The parti es -?a &re-3 tl'Es matter is concrildeci.-and thatii6 furdierlptoceedinc.t-ai ededor.teguired
to resolve the contested case.
GR&F,LLP
Charles A. A. Gore
Gore Built Homes
Date: c:Z/ 8165
NORTH CAROLINA DEPARTMENT
OF ENVIRONMENT AND
NATURAL RESOURCES, DIVISION
OF WATER QUALITY
Jeffre oup art .
Division of Water Quality
DENR
Date: 05
4

ioLi
o1/u
WDAfPJs
&HIGH LIT
Attorneys at Law
VIA U.S. MAIL
MAILING ADDRESS:
P.O. Box 2060
Raleigh, North Carolina
Margaret P. Eagles
Assistant Attorney General
N.C. Department of Justice
114 W. Edenton Street
Raleigh, NC 27603-1712
RE: GR & F LLP v. DENR
Our File: 5479.001
Dear Ms. Eagles:
LOCATION:
Two Hannover Square, Suite 2010
27602 Raleigh, North Carolina 2760I
February 8, 2004
TELEPHONE: [phone]
FACSIMILE: 919.420.7838
TOLL -FREE: 888.285.7634
Ra'kz,
-41'7
�RNpsR•W�,r .:,
lii'`'7y
wwu: hvmh.corn
Enclosed please find a fully executed original copy of the Settlement Agreement and
Withdrawal of Petition, together with a check payable to NC DENR in the amount of One
Thousand Twenty Three and 87/100 Dollars ($1,023.87). Unless I hear from you prior to
February 21, 2005, we shall file the Settlement Agreement and Withdrawal of Petition in the
Office of Administrative Hearings, which shall finally conclude this matter.
PIease call me with any questions.
Enclosures
cc Chuck Gore (w/o enclosure)
Kathy Cooper
Sincerely,
HOLT YORK McDARRIS & HIGH, LLP
E CE VED
FEB Z . 2005
N.C. ATTORNEY NE.
Division
Raleigh e Edenton

/.1E@MOWIRO -
FEB 1 5 2005
_DENR- WATER QUALITY
m7[ANDSANO STORMWATER BRANCH
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STATE OF NORTH CAROLINA
COUNTY OF CUMBERLAND
GR&F, LLP, )
)
Petitioner, )
v. )
)
NORTH CAROLINA DEPARTMENT OF )
ENVIRONMENT AND NATURAL )
RESOURCES, DIVISION OF WATER )
QUALITY, )
)
Respondent. )
IN THE OFFICE OF
ADMINISTRATWE HEARINGS
04-EHR-0410
SETTLEMENT AGREEMENT
AND
WITHDRAWAL OF PETITIO���n�
�JJ
FEB 1 5.2005
DS ATOit4�NATEf�B H
ER QUALITY
WETLANDS
pS AND
40
G R & F, LLP ("Petitioner") and the North Carolina Division of Water Quality ("D WQ")
of the Department of Environment and Natural Resources ("DENR" or "the Department"),
Respondent, hereby enter into this Settlement Agreement ("Agreement") in order to resolve
several matters in controversy between the parties, pursuant to N.C. Gen. Stat. § 150B-31(b).
This matter arose out of the assessment of a civil penalty totaling nine thousand five hundred
twenty three dollars and eighty-seven cents ($9,523.87), including five hundred twenty-three
dollars and eighty-seven cents ($523.87) in investigative costs, which was imposed upon
Petitioner on February 11, 2004 for alleged violations of N.C. Gen. Stat. § 143-215.1 et seq. and
the North Carolina Administrative Code, Title 15A Chapters 02H .1300 and 02B .023(a)(1) and
(b)(1).
Without any hearing of fact or law in the above -styled matter, IT IS THEREFORE
AGREED BY THE PARTIES THAT:
1. In order to avoid the cost and delay of litigation and without admitting liability,
the parties have entered into this Agreement and have agreed that all parties have been correctly
designated and that there is no question as to znisjoinder or nonjoinder.

2. Petitioner shall pay one thousand twenty-three dollars and eighty seven cents
($1,023.87) (Settlement Amount) to Respondent, which consists of $ 500.00 in civil penalties and
S523.87 in enforcement costs, in complete satisfaction of the February 11, 2004 Assessment
(u,S5=€J3L03173.-This Settlement Amount shall be paidwithin 30 days of tl e-execution of this
Agreement. Payment shall be made by check and made payable to the "North Carolina
Department of Environment and Natural Resources" or to "DENR" and delivered to the
following address:
Margaret P. Eagles
Assistant Attorney General
N.C. Department of Justice
Environmental Division
Post Office Box 629
Raleigh, North Carolina 27602-0629
r21E@IEDWIEB
FEB 1 5 1005
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
3. If the terms of Paragraph 2 of this Agreement are violated, Petitioner shall owe
the Department the total amount of the civil penalty assessment, WQSS 03-0317, including
investigative costs, nine thousand five hundred twenty-three dollars and eighty-seven cents
($9,523.87).
4. Petitioner agrees to fully comply with the "After the Fact" Permit (No. 12), issued
on February 29, 2004, including but not limited to payment into the EEP for compensatory
mitigation for 2.76 acres of non -riparian wetlands; and
5. Respondent agrees that full execution of this Agreement should be considered
as Petitioner's compliance with Condition No. 6, contained in the "After the Fact" Permit (No.
12), issued by DWQ on February 29, 2004.
6. Both Parties represent that, as of the date of execution of this Agreement, and
based on information available to each party at this time, Petitioner will be in full compliance
2

with the "After the Fact" Permit (No. 12) issued to Petitioner on February 29, 2004, after
Petitioner makes payment into the EEP for compensatory mitigation for 2.76 acres of non -
riparian wetlands as required by Paragraph 4 of this Agreement.
7. Nothing in this- Agreement shall restrict the right of DENR to inspector take
enforcement action against G R & F, LLP, for any new or subsequent violations of the Water
Quality Laws and the relevant rules promulgated thereunder. Similarly, nothing in this
Agreement shall restrict the right of G R & F, LLP to contest a new or subsequent enforcement
action arising outside of the civil penalty, SS-03-0317, assessed by DWQ on February 11, 2004.
8. Petitioner expressly agrees that by entering into this Agreement, he waives, for
purposes of collection of the Settlement Amount due hereunder, any and all defenses to the
underlying civil penalty assessment, and that the issue in any action to collect said Settlement
Amount will be limited to issues of compliance with this Agreement.
9. The parties agree that the consideration for this settlement is the promises
contained herein and that this Agreement contains the whole agreement between them.
10. This Agreement shall be binding upon the parties, their successors and assigns,
upon execution by the undersigned, who represent and warrant that they are authorized to enter
into this Agreement on behalf of the parties hereto. In the event that either party hereto is later
found not to have the authority to enter into this Agreement for any reason, the other party shall
not be deemed to have waived any rights or claims as a result of its or their execution of this
Agreement.
3
yr
5 AO
DENR VNVa VA ii
WEft DSANDSf

WITHDRAWAL OF PETITION
Full Execution of this Agreement by Petitioner and Respondent serves as Petitioner's
Voluntary Withdrawal with Prejudice of the Petition for Contested Case Hearing in this matter.
The,par"ties agr-ee;tlits matter is cohcltided-and thatno furtlier_ptoeeedings are n eeded`orrequired
to resolve the contested. case.
G R & F, LLP
6—'1) ,
Charles A. Gore
Gore Built Homes
Date: c7V g/ (7,5
NORTH CAROLINA DEPARTMENT
OF ENVIRONMENT AND
NATURAL RESOURCES, DIVISION
OF WATER QUALITY
Jeffrey- . oupart
Division of Water Quality
DENR
Date: IL QS
LIN e,-.7211771 '
t-,d.L6Z005
DENR -WP _ 7 ;
WETLANDS AND SIUhhitirni lin �`+k1NCHI

ROY COOPER
ATTORNEY GENERAL
MEMORANDUM
TO:
Tom West
Mediator
Poyner & Spruill
State of North Carolina
Department of Justice
9001 Mail Service Center
RALEIGH, NORTH CAROLINA
27699-900 I
FROM: Margaret P. Eagles
Assistant Attorney General
DATE: August 13, 2004
Reply to:
Margaret P. Eagles
Environmental Division
Tel: [phone]
Fax: [phone]
[e-mail]
RE: G, R & F, LLP v. NC Dept. of Environment and Natural Resources,
Division of Water Quality
This case involves the assessment of a civil penalty in the amount of $9,523.87, which
includes $523.87 in investigative costs for failure to. secure authorization to fill in isolated
wetlands and for violations of wetland standards as contained in Chapter 15A, Sections 2B and
2H of the Administrative Code of N.C.
BACKGROUND
The subject property is known as the Woodland Hills Subdivision, and it is located along
Blacks Bridge Road (State Road 1115) in Cumberland County. The wetlands on the property
drain to the Rockfish Creek, which are Class B Waters of the State in the Cape Fear River Basin.
TIMELINE
1. 1997 G, R & F's predecessors purchased the property.
2. March 6, 1998 U.S. Army Corp of Engineers determined that 1.35 acres of
wetlands on the site were isolated wetlands and not under the
jurisdiction of Section 404 of the Clean Water Act.
3. September 1998 Predecessors received conditional use approval from Hope Mills
for construction of "Fairway Forest, Section 9". Such approval was
effective until September 2000.
4. October 1998 DENR issued permits for sanitary sewer service.

August 13, 2004
Page 2
5. July 1999
6. JuIy 1999
7. Aug/Sept 2001
8. October 8, 2001
9. October 22, 2001
10. February 2002
11. ApriI2002
12. October 2002
13. November 2002
14. November 8, 2002
15. December 20, 2002
16. February 11, 2003
17. February 20, 2003
18. April 22, 2003
.19. August 14, 2003
DENR, LQS approved the erosion control plan for the Property.
Predecessors delayed actual construction of Fairway Forest,
Section 9 based on economic reasons. -
Predecessors approached G, R & F about purchasing interest in
development.
Predecessors again received conditional approval from Hope Mills
Planning Board for construction of "Fairway Forest, Section 9". It
included eight conditions that were required to be satisfied prior to
any permit issuance or subsequent development of the land. Such
approval was effective until October 2003.
Temporary rules governing discharge into isolated wetlands or
isolated waters of this state went into effect as a temporary rule.
G, R & F purchased an interest and development rights to site.
Construction began.
The name of the project was changed to Woodland Hills.
Construction on Phase I of Woodland Hills was completed,
including grading and filling work.
Petitioners recorded the Plat for Phase I of Woodland Hills.
According to Petitioner, all roads for entire subdivision were paved
prior to recording of the plat.
DWQ staff observed wetland impacts, including excavation,
grading and the installation of roads and single-family lots,
associated with the development of Woodland Hills Subdivision.
No 401 Water Quality Certification or Individual Permit or a
Certificate of Coverage to operate under a General Permit has
been issued for the impacts to wetlands that have occurred on
the tract.
A Notice of Violation was issued to G, R & F, LLC noting two
violations: Failure to secure a Permit to Discharge into Isolated
Wetlands and Waters (15A NCAC 2H.1301) and Violation of
Wetland Standards (15A NCAC 2B.0231(a)(1) and (b)(5)).
Paul Farley of Land Management Group (hired by G, R & F) sent
a:letter to the Fayetteville Regional Office asking to meet with
staff to seek a resolution.
G, R & F, LLC submitted an "after -the -fact" Pre -Construction
Notification (PCN) application for 1.377 acres of isolated wetland
fill.
DWQ staff observed wetland impacts, including excavation,
grading and the installation of roads and single-family lots,
associated with the development of Woodland Hills Subdivision.
Development was continuing in the wetlands prior to the issuance
of the after -the -fact permit.

August 13, 2004
Page 3
20. February 10, 2004
21. February 29, 2004
22. March 15,.2004
The Supervisor of the Non -Discharge Compliance and
Enforcement Unit issued a civil penalty in the amount of $9000
plus $523.87 in enforcement costs against G, R & F, LLC for
Failure to secure a Permit to Discharge into Isolated Wetlands and
Waters (15A NCAC 2H.1301) and Violation of Wetland Standards
(15A NCAC 2B.0231(b)(1) and (5)).
DWQ issued Isolated Wetland Permit Number 12 to G, R & F,
LLC for the Woodland Hills subdivision, which contained seven
conditions.
G, R & F filed a contested case petition with OAH.
POSITION SUMMARY
This matter involves the assessment of civil penalties against Petitioner for violations of
N.C. Gen. Stat. § 143-215.1 and rules promulgated thereunder in the amount of nine thousand
five hundred twenty-three dollars and eighty-seven cents ($9,523.87) on February 11, 2004.
CIVIL PENALTY ASSESSMENT
Respondent contends that Petitioner violated Article 21 of Chapter 143 of the North
Carolina General Statutes concerning water and air resources and the rules promulgated
thereunder, specifically 143-215.1(a)(6), 15A NCAC 2H.1301 and 15A NCAC 2B.0231(a)(1)
and (b)(5). Petitioner violated this statute and rules by filling wetlands without first applying for
and securing the issuance of an Individual Permit or a Certificate of Coverage to operate under a
General Permit and by causing the impact to wetlands from excavation, grading, and filling of
wetlands which may cause adverse impacts on existing wetland usage.
When determining the amount of the civil penalty, the Supervisor of the Non -Discharge
Compliance and Enforcement Unit looked at the following eight factors, as required by
N.C. Gen. Stat. § 143B-282.1 (2004):
(1) The degree and extent of harm to the natural resources of the State, to the
public health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with
programs over which the Environmental Management Commission has regulatory
authority; and
(8) The cost to the State of the enforcement procedures.
The Petitioners destroyed over an acre of wetlands, which removed the benefits of their

August 13, 2004
Page 4
uses for almost a year's time. 15A N.C.A.C. 2B.0231(b)(1) states that in order to assure the
maintenance of the existing uses of wetlands, "(1) Liquids, fill or other solids or dissolved gases
may not be present in amounts which may cause adverse impacts on existing wetland uses." One
use that was removed from this site was storm and flood water storage and retention and the
moderation of extreme water level fluctuations. The damage done by the Petitioners cannot be
rectified. Petitioners saved a significant amount of money through non-compliance, because
retention of the wetland area in its original state would have caused the loss of several lots.
There were also issues concerning off -site erosion and sedimentation, as well as stormwater
control problems. The loss of water storage, which was one of the wetland functions impacted.,
resulted in significant flooding and off site sedimentation to adjacent properties after a large rain.
DWQ has requested a stormwater management plan to be submitted by G, R & F, LLC.
Furthermore, Petitioners continued to impact the wetlands prior to receiving their permit.
On August 14, 2003, DWQ staff observed that not only had fill been added into the wetlands, but
a house had been partially constructed, and a road, lots and utilities had all been constructed
within the wetlands.
On February 29, 2004; DWQ issued Isolated Wetland Permit Number 12 to G, R & F,
LLC for the Woodland Hills subdivision, which contained seven conditions. The sixth condition
stated "Issues related to previous non-compliance with the Isolated Wetland rules shall .be
addressed through the Division's Fayetteville Regional Office and are separate from this
approval." The issuance of the civil penalty addresses the non-compliance prior to the issuance
of the after the fact permit.
VESTED RIGHTS
Petitioner contends that they are exempt for the requirements of 15A NCAC 2H.1301
because they have vested rights, as detailed in 15A NCAC 2H.1301(e)(5)(D). On October 22,
2001, the temporary rules governing discharge into isolated wetlands or isolated waters of this
state went into effect, and the permanent rules were not passed until April 1, 2003. Therefore,
based on the time frame, the temporary rules would govern this situation. The pertinent portion
of the temporary rule states:
(e) The following are exempt from this Section:
(5) A discharge resulting from an activity if:
(D) The applicant has been authorized for a
discharge into isolated wetlands or isolated waters
for a project which has established a Vested Right
under North Carolina zoning law prior to the
effective date of this Rule.
15A NCAC 2H.1301(e)(5)(D). Petitioners contend that they qualify for the vested right's
exemption and were not required to obtain an Individual Permit or a Certificate of Coverage to

August 13, 2004
Page 5
operate under a General Permit, as required by 15A NCAC 2H.1301.
North Carolina zoning law in part states that:
A vested right shall be deemed established with respect to any property upon
the valid approval, or conditional approval, of a site specific development
plan or a phased development plan, following notice and public hearing by
the city with jurisdiction over the property. Such vested right shall confer upon
the landowner the right to undertake and complete the development and use of
_ said property under the terms and conditions of the site specific development plan
or the phased development plan including any amendments thereto. A city may
approve a site specific development plan or a phased development plan upon such
terms and conditions as may reasonably be necessary to protect the public health,
safety, and welfare. Such conditional approval shall result in a vested right,
although failure to abide by such terms and conditions will result in a forfeiture of
vested rights. A city shall not require a landowner to waive his vested rights as a
condition of developmental approval. A site specific development plan or a phase
development plan shall be deemed approved upon the effective date of the city's
action or ordinance relating thereto.
N.C. Gen. Stat. § 160A-385.1 (c) (2004). Within the definition of"Site specific development
plan," the statute also states that:
(5) "Site specific development plan" means a plan which has been submitted to a
city by a landowner describing with reasonable certainty the type and intensity of
use for a specific parcel or parcels of property. Such plan may be in the form of,
but not be limited to, any of the following plans or approvals: A planned unit
development plan, a subdivision plat, a preliminary or general development plan,
a conditional or special use permit, a conditional or special use district zoning
plan, or any other land -use approval designation as may be utilized by a city.
Unless otherwise expressly provided by the city, such a plan shall include the
approximate boundaries of the site; significant topographical and other natural
features effecting development of the site; the approximate location on the site of
the proposed buildings, structures, and other improvements; the approximate
dimensions, including height, of the proposed buildings and other structures; and
the approximate location of all existing and proposed infrastructure on the site,
including water, sewer, roads, and pedestrian walkways. What constitutes a site
specific development plan under this section that would trigger a vested right
shall be finally determined by the city pursuant to an ordinance, and the
document that triggerssuch vesting shall be so identified at the time of its
approval.
N.C. Gen. Stat. § 160A-385.1(b)(5) (2004).

August 13, 2004
Page 6
The Town of Holly Mills zoning ordinance complies with the requirements detailed in
N.C. Gen. Stat. § 160A-385.1(b)(5) (2004). Article XIII,,Sec. 102-413(a) of the Town of Hope
Mills ordinance states that:
A zoning vested right shall be deemed established upon the valid approval, or
conditional approval, by the board of commissioners or board of adjustment, as
applicable, of a site specific development plan, following notice and public
hearing.
Town of Hope Mills, Article XIII, Sec. 102-413(a).
Petitioners have provided to the State a copy of a letter from Hope Mills Planning Board
dated October 22, 2001. Within that letter, the Hope Mills Planning Board approved
conditionally construction of "Fairway Forest, Section 9" on October 8, 2001. It included eight
conditions that were required to be satisfied prior to any permit issuance or subsequent
development of the land. Such approval was effective until October 2003. However, there is no
information when the Town's Board of Commissioners or Board of Adjustment approved the
plan. Also, there is no information that there was the necessary notice and public hearing.
Therefore, we do not feel that Petitioners have qualified for a vested right, and therefore, an
exemption from the Rule.
In order to continue a discussion with regards to vested rights, Petitioners would have to
provide to the State sufficient written documentation establishing that the Board of
Commissioners approved the conditional permit, and the notice and public hearing requirements
were satisfied, prior to the implementation of the Temporary Rules.
If Petitioner decides to pursue a common law vested right from the temporary rule, they
must satisfy the following common law vested rights criteria:
(1) Substantial expenditures or contractual obligations incidental to the
. project incurred prior to the change in the law;
(2) Expenditures or obligations incurred in good faith;
(3) Expenditures or obligations made in reasonable reliance upon
governmental permits or approvals; and,
(4) Detriment as a result of the amendment to the law.
Browning -Ferris Industries v. Guilford County Board of Adjustment, 126 N.C. App. 168, 484
S.E.2d 411 (1997). In dealing with a vested right from complying with wetlands uses and water
quality standards, the governmental permits or approval relied upon would have to have
addressed water quality issues.

11/05/2004 15:58 9197333407 OAH PAGE 02/02
STATE OF NORTH CAROLINA
COUNTY OP GUMBERLA.ND
mum
opus OF
ADMINrdrnLTrva HSAWr4Os
Now 00 9 00 Am 2004
IN TEE OFFICE OF
ADNIINISI'RATIVE HEARINGS
04 EF3R 0410
e,R&F,L.L.P. )
Petitioner )
)
vs. )
)
North Carolina Department of Natural )
Resources, Division of Water Quality )
Respondent )
NOTICE OF CHANCE OF
VENUE
NOTICE IS HEREBY GIVE T that, due to a conflict with, the previously scheduled
location, the hearing of this matter has been 'moved to LilIingtan, North Carolina at the same
date and time. The hearing is now set to be heard as follows:
DATE: Tuesday, November 9, 2004
TIME:' 9;00 a.m.
PLACE: Harnett County Courthouse
Courtroom #1
301 W. Cornelius Boulevard
Lillington, North Carolina
This the 8th day of November, 2004.
c�a 'C
60s
Administrative Law Judge
...... r - ..., . .rir • ..-.-on rt► rum urn

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2 of 2 11/8/2004 11:09 AM

COY E R
SHEET
FAX
To:
Paul Rawls (B)
Ken Averiette (B)
Danny Smith 733-6893
Jeff Poupart (Y)
Fax #: Programmed
Subject: • GR&F LLP v. NC DENR, DWQ
Date; April 27, 2004
Pages: 1 1, including this cover sheet.
COMMENTS:
Please see attached for important dates and petition for the above -subject case.
THE PETITION MENTIONS THE FOLLOWING EXWB1TS. I ATTACHED EXHIBITS '1 &
3, THE OTHERS, YOU SHOULD HAVE.
EXHIBIT 1 - attached
EXHIBIT 2 - see: ENR-ENVIRONMENTAL MANAGEMENT COMMISSION
Title 15A-02H.1300
§ .1300-Discharges to isolated wetlands and isolated waters pages 1 & 2 of 7.
EXHIBIT 3 - attached
EXHIBIT 4 - Assessment of Civil Penalties for Wetlands Standards
EXHIBIT 5 - North Carolina Isolated Wetland Permit Number 12
If you have any questions, please call.
From the desk of...
Janet D. Lech
Paralegal
Department of Justices
p. o. Box 629
Raleigh, NC 27202-0629
pis) 716-6948
Fax: [phone]
[e-mail]
Tn'J
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ROY COOPER
ArTORNL--Y CiF.NEFtAL
State: of North Carolina
Department of Justice
F. U. Box 629
RALEIGH
27602-0629
MEMORANDUM
TO: Paul Rawls
Ken Averiette
Danny Smith
Jeff Poupart piek
FROM: Margaret P. Eagles, Assistant Attorney General
DATE: April 27, 2004
RE; Civil Penalty Appeal by GR&F, LLP of Cumberland County
A enc No.: SS 03-0317 OA1-1No.: 04-EIR 0410
Please note that f have been assigned to handle the above referenced contested case. I will
need to begin preparing our case as soon as possible. Please review the important dates listed
below and provide me with the requested information by either inter -office mail or by hand
delivery to the Attorney General's Office. A copy of the Petition jis attached.
Prehearing Statement and Doeuni nts Constituting Agency
Action. I need a copy of the Civil P malty Assessment document,
along with a copy of the enforcement file, including, but not
limited to and any worksheets drafted prior to the assessment.
Please send these materials, a list ofreveryone who participated in
the assessment, and all other documentation associated with this
case within three (3) weeks of the date of this memo,
Any Discovery must be sent to Petitioner by this date to give us
enough time to receive answers prior to hearing. Any discovery
sent to us by Petitioner must be resp anded to within 15 days of
receipt of the questions. Ail discovery must be completed by July
26, 2004.
Reply to:
tvtur ro Y. }nales
Environmental Division
TO. (919) 716-66(X1
Fax: (9l9)716.6766
April 26, 2004
il6
June 21, 2004
Week Beginning
August 9, 2004 Hearing is set in Fayetteville, NC with Beecher R. Gray,
Administrative Law Judge presiding. You have been listed as
witnesses in this case_ If you feel you should not be listed as a
witness or if you know of additional witnesses, please notify this
office immediately.
7n • I
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STATE OF NORTH CAROLINA
COUNTY OF (1)
CUMBF.RLAND
.411
(2) G, R & F. L.L.P.
FL >v� R TVPI(
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
(your namc) PETITIONER,
v.
(3) North Carolina Department of Natural Resources,
Division of Water Quality
RESPONDENT.
(The State agency or board about which you are complaining)
PETITION
FOR A.
CONTESTED CASE HEARING
1 hereby ask for a contested case hearing as provided for by North Carolina General Statute § 150E+23 because the Respondent has:
(Briefly State facts showing how you believe you have been harmed by the Scam agency or board)
See Statement Attached as Exhibit A.
(If more space is needed, attach additional pages.)
(4) Because of these facts, the State agency or board has: (check et least one
✓ deprived me of property,
r ordered me t4 pay a fine Or civil penalty; or
✓ otherwise substantially prejudiced my rights;
(5) Date: March 15, 2004
(7) Print your full addrors:
(8) Print your name:
(9) Your Signature:
AND
nt � -r
E'
from each column) rr
yo oceded its authority or jurisclteisei.
✓ actederronedusly; ,1
✓ failed to use proper procedure;'
.. r acted arbitrarily or capriciouslkfOr
✓ailed to act as required by Iaw ar rule
(6) Your phone number: [phone]
P.O- Box 2060 Raleigh NC 27602
(street aortressip o. bos}t city) (s t) (rip)
You must mail or deliver a COPY of this Petition
board to determine the name of the person to be servo
CERTIFICATE OF SERVICE
1 certify that this Petition has been served on the State agency or board named below by depositinga copy of it with the United States Postal Service
with sufficient postage affixed OR by delivering it to the named agency or board:
Mr. Dan Oakley (11) NCDENR, Division of Water Quality
(10) - (State agency or beard listed on line 3)
(ttamc afperson served}
(12) NCDENR. Offitce of General Courtse1, 164) Mail Center, Rate (state)
27699-11 01
(streetaddress/p.o. box)
cn
- rn
tV
•
State agency or board named on line (3) of this form. You should contact the agency or
(l3) This the 15 day of March
(14)
04
(your signature)
When you have completed this form, you MUST mail or deliver the ORIGINAL AND ONE COPY to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, NC 27699-6714,
11-U6 01/99)
Cfl ' I 7C:'T T tin . R7 JdH
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Exhibit A
Statement of Contested Case Before the Office of Administrative Hearings
Facts and Procedural History
G, R & F, L.L.P. (hereinafter "Petitioner") is the current owner and developer of a
26 +1- acre tract of land located on the east side of State Road 1115 South of Hope Mills
(hereinafter the "Property") that is the subject of this case. O & T, LLP is Petitioner's
predecessor in title to the Property.
In 1997, 0 & T, LLP, purchased the Property. At that time, the United States
Army Corps of Engineers ("USACE") had issued a Notification of Jurisdictional.
Determination delineating 1:35 acres of isolated wetlands, thereby excluding such
wetlands from the jurisdiction of Section 404 of the Clean Water Act. This Notification
of Jurisdictional Determination was effective for 5 years.
In September 1998, 0 & T, LLP, applied for and received conditional use
approval from the Town of Hope Mills for the construction of "Fairway Forest, Section
9." In October 1998, NCDENR issued permits for sanitary sewer service. In July 1999,
the Land Quality Section of NCDENR approved the erosion control plan for the Property.
Shortly thereafter, the decision was made by 0 & T, LLP, to delay actual construction of
Fairway Forest, Section 9 due to the "soft" residential real estate market at that time.
In the late sumnierlearly fall of 2001, 0 & T, LLP approached Petitioner about
purchasing an interest in developing Fairway Forest, Section 9. However, because the
conditional use approval that had already been issued by the Town of Hope Mills was
only effective for two years (through September 2000), 0 & T, LLP was required to
again ask for development approval from the Town. Therefore, 0 & T,. LLP again
applied for conditional use approval from the Town of Hope Mills for construction of
Faitvhy Forest, Section 9. On October 8, 2001, the Town of Hope Mills again issued a
conditional use approval for the construction of Fairway Forest, Section 9, as evidenced
by the letter from the Town Planning Director attached hereto as Exhibit 1. Fourteen
days later, on October 22, 2001, rules governing discharges into isolated wetlands or
isolated waters of this state went into effect as a temporary rule. See 15A NCAC.02H
.1301 attached hereto as Exhibit 2.
In February 2002, G, R & F, LLP purchased an interest and development rights to
the Property, including rights under, the conditional use permit issued by the Town of
Hope Mills on October 8, 2001. In April 2002, construction was started on Phase I of
Fairway Forest, Section 9. In October 2002, the name of the project' was changed from
Fairway Forest, Section 9 to "Woodland Hills." In November 2002, construction on
Phase I of Woodland Hills was completed, including grading and filling work necessary
for the development of Woodland Hills. Petitioners recorded the Plat for Phase'I of
Woodland Hills on or about November 8, 2002. Evidence of the recorded plat for
Inn • _1
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Woodland frills is attached as Exhibit 3. In Cumberland County, plats may not be
recorded showing the subdivision of land until all streets in the project are paved. At this
point, Petitioner started selling individual lots to builders who began construction of
homes thereon. Phase I included all portions of the isolated wetlands at issue in this case.
In January, 2003, Petitioner began construction of Phase II of Woodland Hills. On
February 13, 2003, Petitioner received a letter from NCDENR including a notice of
violation of rules governing isolated wetlands and isolated waters arising from fill
. activities that had already been completed during Phase I construction of Woodland Hills.
Subsequently, on February 27, 2003, Mr. Ken Averitte of NCDENR's Fayetteville
Regional Office visited the site and met with Petitioner regarding the alleged violation of
wetland regulations. At that time, Mr. Averitte advised that! Petitioner must do one of
two options as follows: (1) remedy the violation by restoring the impacted area to its
original condition; or (2) submit an "After the Fact" permit for the impacts to wetlands
and pay into the Wetlands Restoration Fund an amount necessary to replace the impacted
isolated wetlands elsewhere.
Based on the representations from Mr. Averitte, on =April 15, 2003, Petitioner
submitted to DWQ for review and consideration an "After the Fact" permit application
for approval of wetlands impacts to Phase I of Woodland HMS. Subsequent to Petitioner
filing the application, on February 11, 2004, Jeffrey O. Poupart, Supervisor of the Non -
Discharge Compliance and Enforcement Unit, sent a Notice of civil penalty to Petitioner,
which was received by Petitioner on February 14, 2004 (hereinafter the "Notice").
Attached to the Notice was a document purporting to be Findings of Fact, Conclusions of
Law, and a Decision signed by Mr. Poupart, acting pursuant to alleged authority provided
by the Secretary of tite Department of Environment and Natural Resources and the
Director of the Division of Water Quality. The Notice and Decision attempt to set forth
the proposed basis of the assessment of civil penalties against Petitioner (hereinafter the
"Decision"). Attached as Exhibit 4 is a copy of the Notice and Decision. According to
the purported Conclusions of Law in the February 11, 2004 Decision:
"G, R & F, L.L.P. violated 1 5A NCAC 02H .1300 `by the fill of wetlands without
first applying for and securing the issuance of an Individual Permit or a
Certificate of Coverage to operate under a General Permit... .
G, R & F, L.L.P. violated 1SA NCAC 02B4O231(a)(1) and (b)(1) by the impacts
to wetlands from excavation, grading, and filling of wetlands in amounts which
may cause adverse impacts on existing wetland uses."
Mr. Poupart's Notice and Decision goes on to make various Findings of Fact,
Conclusions of Law, and assesses civil penalties against Petitioner in the amount of
$9,523.87.
Approximately two weeks later, Petitioner received a letter from Alan Klimek
with DWQ with an attached copy of Isolated Wetlands Permit No. 12 issued to G, R & F,
LLP for the Woodland Hills subdivision project ("Wetlands Permit"). A copy of the
2
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Wetlands Permit is attached as Exhibit 5. According to the Wetlands Permit, it is "issued
in conformity to [DWQ rules set forth] in 1SA NCAC.02H .1301-" According to the
Wetlands Permit, Petitioner's application:
. . . provides adequate assurance that the discharge of fill material into
wetlands in the watershed of Rockfish Creek in conjunction with the proposed
development will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North Carolina
certifies that this activity will not violate the applicable proportions [sic] of
Section 301, 302, 303, 306, 307 of PI- 92-500 and PL 95-214 if conducted
with the applicable and conditions [sic] hereinafter isset forth."
Thereafter, on March 15, 2004, Petitioner filed a Petition for Contested Case Hearing
challenging the assessment of penalties in the document signed by Mr. Poupart and also
challenging the requirement in the Wetlands Permit to pay into the Wetlands Restoration
Fund.
Vested Rights Exemption
The provisions of 15A NCAC.02H .1300, which is the rule cited by Mr. Poupart
as the basis for imposing penalties in this case, states in pertinent part as follows:
(a) The provisions of this Rule shall apply to Division of Water Quality
(Division) regulatory and resource management determinations
regarding isolated wetlands and isolated classified waters. This
Section shall only apply to discharges resulting from activities that
require state review after the effective date of this Rule and which
require a Division determination cone rning effect on isolated
wetlands and isolated classified waters. For the purpose of this Rule,
discharge shall be the deposition of dredgl or fill material including
but not limited to fill, earth, construction debris and soil....
Based on the terms of subsection (a) above, the provisions set forth in 15A NCAC.02H
.1301 apply generally to situations where a person proposes to fill or dredge isolated
wetlands or isolated waters that are not otherwise covered by Section 404 of the Clean
Water Act as determined by the USACE. See 15A NCAC.0211 .1301(a) and (b). As
stated above, USACE had previously determined that theie existed on the Property
approximately 1.35 acres of isolated wetlands. Thus, any impacts to such property were
not under the jurisdiction of Section 404 of the Clean Water Act, but potentially subject
to applicable DWQ rules regarding same.
However, 15A NCAC.02H .1300 also provides several exemptions which take
certain "projects" outside the jurisdiction of DWQ in terms of the agency's authority to
require aperson to first apply for and secure an Individual Permit or Certificate of
3
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Coverage under a General Permit prior to impacting any isolated wetlands or isolated
waters within the state. Specifically, 15A NCAC.02H .1301(e) provides as follows:
(e) The following.are exempt from this Rule:
(5) A discharge resulting from an activity if:
(D) The applicant has been authorized for a discharge into isolated
wetlands or isolated waters for a project which has established a
Vested Right under North Carolina: zoning taw prior to the
effective date of this Rule.
Based on 15A NCAC.0211 .1301(e)(5)(D), any project which has established a "vested
right" under North Carolina zoning law is therefore exempt from the rules that would
otherwise require a permit in the form of an Individual Permit or Certificate of Coverage
under a General Permit prior to impacting any isolated wetlands or isolated waters within
the state,
A vested right may be established under North Carolina zoning law by one of two
methods: (a) by statute, or (b) by common law. This case deals with the first method of
establishing a vested right: by statute. 'According to N.C. Gen. Stat. § 160A-385.1(c):
"A vested right shall be deemed established with respect to any property upon
the valid. approval, or conditional approval, of a site specific development
plan or a phased development plan, following n5tice and public hearing by
the city with jurisdiction over the property. Such vested right shall confer
upon the landowner the right to undertake and complete the development and
use of said property under the terms and conditions of the site specific
development plan or the phased development plan. including any amendments
thereto. A city may approve a site specific development plan or a phased
development plan upon such terms and conditions as may be reasonably
necessary to protect the public health, safety, and welfare. Such conditional
approval shall result in a vested right .... A site specific development plan or
phased development plan shall be deemed approved upon the effective date of
the city's action or ordinance relating thereto.
(Empahsis added). A copy of the relevant portion of N.C. Gen. Stat § I60A-385.1 is
attached as Exhibit 6. According to N.C. Gen. Stat. § 160A-385.1(b)(5), the term "site
specific development plan" is defined as follows:
".. , a plan which has been submitted to a city by a landowner describing with
reasonable certainty the type and intensity of use for a specific parcel or
parcels of property. Such plan maybe in the form of, but not limited to, any
of the following plans or approvals: A planned unit development, a
subdivision plat, a preliminary or general development plan, a conditional
4
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or special use pernsit, a conditional or special use district zoning plan, or
any other land -use approval designation as may be utilized by a city...."
According to N.C. Gen_ Stat. § 160A-385.1(b)(3), the term "phased development plan" is
defined as follows:
". . . a plan which has been submitted to a city by a landowner for phased
development which shows the type and intensity of use for a specific parcel or
parcels with a lesser degree of certainty than the plan determined by the city to
be a site specific development plan."
As explained in detail above, conditional approval to develop the Property now
known as Woodland Hills was issued to Petitioner's predeces3or in interest on October 8,
2001. See Exhibit 1. Petitioner's plans to develop the property meets the definition of a
"site specific development plan" or "phased development plan" under N.C. Gen. Stat. §
160A-385.1(b)(3) and/or (5). As such, and in accordance with N.C. Gen. Stat. § 160A-
385.1(c), the Woodland Hills subdivision established vested rights under North Carolina
zoning law upon the effective date of the Town of Hope Mills conditional approval dated
October 8, 2001.
1t is undisputed that DWQ Rule 15A NCAC.02H .01300, the rule cited as the
basis for penalties in this case, became effective on October 22, 2001. The provisions of
this rule also state that any project which had established a vested right under North
Carolina zoning law prior to the effective date of the rule was not subject to the
requirements of the rule and "exempt" therefrom. Seel SA NCAC.02H .1301(e)(5)(D).
As set forth above, Petitioner established vested rights with respect to Woodland
Hills on October 8, 2001, fourteen days prior to the effective date of DWQ's rules
governing isolated wetlands and isolated waters. Therefore, Petitioner was not required
to file an "After the Fact" permit application for the impacts to isolated wetlands or
isolated waters located on the Property, despite Mr. Averitte's statements to the contrary.
Moreover, because Petitioner had vested rights on and after October 8, 2001, they have
never been in violation of the requirement stated in Mr. Poupart's ]Decision that Petitioner
was required to first apply for a permit •from DWQ before 'filling the wetlands on the
Property. See Exhibit 4, Sections TIC, and III. The requirement in DWQ's rules
regulating isolated wetlands and isolated waters only applies to projects that have not
secured a "vested right" prior to October 22, 2001. Petitioner established vested rights
with respect to Woodland Nills as of October 8, 2001. Therefore, Mr. Poupart's findings
of fact and decision that Petitioner has violated 15A NCAC.02H .1301 is in error, in
excess of DWQ's authority and jurisdiction, is based on improper procedure, and is
arbitrary and capricious. For these reasons, the Notice and Decision must be dismissed in
its entirety and all penalties assessed withdrawn or dismissed,
5
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DWQ Was Without Jurisdiction or Authority to Require Petitioner to File. an
After The Fact Permit Applation and Payments into the Wetlands Restoration
Fund in Connection with Wetland Impacts to the Property.
Because Petitioner bad vested rights under North Carolina zoning law prior to the
effective date of 15A NCAC.02H .1301, there was simply no 'requirement that Petitioner
submit an application either prior to or after the impacts to the isolated wetlands located
on the Property. According to 15A NCAC.02H .1301, any irinpacts to isolated wetlands
or isolated waters on the Property were exempt' from the requirement to apply for a
permit from DWQ prior to impacting such isolated wetlands or isolated waters. 15A
NCAC.02H .1301(e)(5)(D). Given these circumstances, there was simply no jurisdiction
or authority in DWQ to even consider the After the Fact permit application that was filed
pursuant to the direction of Mr. Ken Averitte in DWQ's Fayetteville Regional Office.
Petitioner's filing, and DWQ's subsequent review and approval of the. After the Fact
permit application, were entirely useless. There was no jurisdiction to require such a
fling, and also no authority or jurisdiction in DWQ to consider and approve the
application. Most importantly, there was no jurisdiction or authority in DWQ to require
any rennediation, or alternatively, payment by Petitioner into the Wetlands Restoration
Fund. As a result, the After the Fact permit issued by DWQ, including the order for
Petitioner to pay into the Wetlands Restoration Fund should be deemed null and void,
and of no force or effect, due to the lack of jurisdiction and authority in DWQ to require,
review, and approve such an application in the first instance.
The Notice and Decision Issued By Mr. Po art Finding Adverse Im acts to
Existin 's Jurisdiction
and Authority and is Directly Contrary to DWQ's Findings Set forth in the After
the Fact Permit Finding that there would be no Violation of Applicable Water
Quality Standards From the Impacts to Wetlands Detailed by the Application.
As set forth in more detail above, the Woodland Hill's project established vested
rights prior to the effective date of the rules cited by Mr. Poupart's Notice and Decision,
and therefore is not subject to DWQ Hiles regulating impacts to isolated wetlands and
isolated waters located on the Property. The finding, decision, and penalty assessed by
Mr. Poupart's Notice and Decision are therefore in excess of his authority and outside the
jurisdictional reach of DWQ rules regarding isolated wetlands and isolated waters. Any
and all such alleged violations and assessed penalties should therefore be deemed null
and void and of no further force and effect in connection viwith the Property known as
Woodland Hills.
In several instances within Mr. Poupart's Notice and in the Decision, it states that
he was acting pursuant to some alleged authority "delegated",to him by "the Secretary of
the Department of Environment and Natural Resources and the Director of the Division
of Water Quality." See Exhib_ i� Notice, p. 1, and Decision, p. 1, and § II.H. No
statutory reference is given in any document (neither the Notice nor the Decision) citing
the original statutory authority of the Secretary or the Director of DWQ to make
Wetlands and Assessin
Penalties is in Excess of DW
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determinations with respect to the alleged violations. More importantly, Mr. Poupart's
Notice and Decision fails to cite to any statute or other authority which permits the
Secretary or the Director of DWQ to delegate any of their powers to the Supervisor of the
Non -Discharge Compliance and Enforcement Unit within the Division of Water Quality.
Mnreover, Mr. Poupart's Notice and Decision fail to set forth any statutory basis for his
exercise of authority in issuing the Notice and Decision with respect to the alleged
violations in this case and the assessment of fines, penalties and costs against Petitioner.
It ,is important to note the Mr. Poupart's Decision to assess :penalties in the amount of
$9,523.87 was made without notice and an opportunity for Petitioner to be heard in
opposition to the "findings of fact" and "conclusions of law" set forth therein. Mr.
Poupart is the Supervisor of the Non -Discharge Compliance and Enforcement Unit
within the Division of Water Quality. He has no demonstrated knowledge or training as a
lawyer or judge in applying the law by making formal finding's of fact and conclusions of
law. In tum, neither Mr. Poupart nor the Secretary have demonstrated any statutory basis
for delegating such broad and far-reaching powers to make decisions with regard to the
law and policy of this State in connection with environmental matters to the Supervisor of
the Non -Discharge Compliance and Enforcement Unit within the Division of Water
Quality. For these reasons, Mr. Poupart's Notice and Decision are in excess of his
authority and jurisdiction,as well as the authority and jurisdiction of DWQ and the
Secretary.
Additionally, Mr. Poupart's Decision finds and concludes as a matter of law that
Petitioner violated 15A NCAC.02B .0231(a)(1) and (b)(1) as a result of the "impacts to
wetlands from excavation, grading, and filling of wetlands ini amounts which may cause
adverse impacts to existing wetland uses." See Exhibit 4. Two weeks later, however,
DWQ issued to Petitioner an After the Fact permit stating that the impacts noted by the
application:
". •. provides adequate assurances .that the discharge of fill material into
Wetlands of Rockfish Creek in conjunction with =the proposed development
will not result in a violation of applicable Water Quality Standards and
discharge guidelines. Therefore, the State of North Carolina certifies that this
activity will not violate the applicable proportions [sic] of Section 301, 302,
303, 306, 307 of PL 92-500 and PL 95-214 if conducted with the applicable
and conditions [sic] hereinafter set forth."
The Notice and Decision have the affect of taking property from Petitioner
($9,523.87 in fines as well as over S33,000 in payments to the Wetlands Restoration
Fund) in the form of fines, a penalty, and costs, which substantially prejudices
Petitioner's rights for the reasons stated herein. Based on the above, Respondent has
exceeded its authority and jurisdiction, acted arbitrarily, capriciously and erroneously,
failed to use proper procedure, and failed to act as required by law or rule.
7
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Conclusion
For the reasons set forth above, Petitioner requests that the Notice and Decision of
Mr. Poupart be dismissed in its entirety, and that any and all findings, conclusions of law,
decisions, and assessed penalties be deemed null, void and of no further force and effect.
Further, Petitioner requests that the After the Fact Permit Application previously
submitted, considered, and approved by DWQ also be deemed null and void, including
the requirement set forth therein for Petitioner to pay into, the °Wetland Restoration Fund,
and that the Woodland Hills project be deemed "exempt" from DWQ rules requiring an
application prior to impacting isolated wetlands and/or isolated waters within the State in
accordance with 15A NCAC.02H .1301(e)(6).
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12 04 04:16p SPAULDINGLNORRIS, PR
From : ]t]NN F DRAMS $ AISLICIAlts
I919Je54-7925 p-4
TOWN . OF - ' #:$.E. MILtS
5770 AD:101 M MO- HOPE lditLS. tloR7tl CM01. hu 28348.93+9e •7r'Lii>si6siE (8t,ol 4244902
Ply
October 22, 2001
0 Lik. T,1,.L.P
Oscar t4c iris'
P.U. Box 1249
Carolina Brach, NC 2842B
Dear Sir,
www.townofti opcmillo.corn
EXHIBIT
1
i71c 26.89 acre parcel afield presented sod known sa "l�airwiy I°'orest, Sc 1iorl 9", was
approv°o.i nd §pays y.lhc RAP 1•d;11a.P1anning ».card at Omit regular meeting on
Odelier'4, 2001. ppe folldwit4g are the t onditipns or approval fiat must he complied
with prior to eny peanut invoice or subxeciw:su development of the land,
1. The Fayetteville Public Works Commission (MC) shall approve water and
sewwar'p'Ixtls rior.to peraait application.
2. Tile iltiA: arolina Department ofTransportation (Nt DOT) trust approve
the proposed rurbcut from 13i a k's Bridge Red to the t u ghee into the
dev4lo niat'shoivtt as ilir 1lYi!e» Drive,
3. ' . 401,, it,4**v *0,1ko ortilinsihcrectf, tnost be submitted to •
the pi ttitr%Dreetor of the Town of 13ope Mills for review .lie. approval for
f4 - , "gij. r cf, Tial 1 J .,Qr, ,iiy:,pDrtion
c e sit tYih' j111'6170ftl;eMittel rlitinds.'df
11tt 3! iirt il;C,Salt`orur1y lot within i•Iris•iltvelopmeni. 'At
th'e:#irm liir na1 plat: rl�lfty:p i il.t is itr�a rot rcyiew and
- -aPPER4O %i ,4 i4i)lll 1ktippv_po lc, ct 'tin 1t.forrayment
iri�ie1r F14 ,,Qi400Olotp:#i.'ks-and rccesilo, �nr. thr.d6NiiIoprn&ii, or pan
thei to to•bareci+rdfed. •thetnh:utatcd-fee for the endre•dcvclopment is
$1.031.11Qs $132 3S:perao'I snn a jaAhleto 41p.t Ttiwn atf%?e Mt ill.
4. Sli rupjgi uaucp le p for to file ;+fat pl c auli iutiii for review
an diapprova 1.forrccrnding.
5. addresses must by provided at the time of i minglbuilding permit
Application.
6, 'l c t']!a oper 'must coordipate. with the liop.Mills 116tic Works Director
and Sheets Supervisor prior to and doting street constTnctioii to insure that
Me:guile diainiq c is provided.
Co '" te3idewalks, or other approved. material that is AT)A compliant, are
co fired to be installed on both eidev of each street wilkin the development.
All streets and sidewalks within rho devetopritccn hl►ail be dedicated for public
use and the responsibility For rrl#ialemtnce or eitsv >;trcels and sidewalks ,tfta
Ineper installation and dedication shall be the 'I'nwn's.
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: To*a F routs & gs.tOCIOITEs
'toy Davis Taylor, MCP
Naming Dimcfor
Town of Hope Mills, NC
ralaYlaaA _uhv a�t�-milismt,us
cc: Larry lvcr$Qn, Pubhic Works Director
,tames Helfer, Streets Supervisor
Jerry Tompson,EuiMing hector
John F. Davis A Associates, Profes iorial Surveyors arul Sobineers
t+, All other permits, standards and requircntionN or the Town of Hope Nitif5.and
the State' of North Carolina most br secured and complied wi11i as they apply,
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MAP OF WOODLAND HILLS S/D
as provided in application for isolated wetlands permit, received 4/22/03
(wetlands are shaded area)
r
.006 Acres
404 Wetlands
vow
F
1.371 Acres
404 Wetlands
Rockfish Creek Tract
Cumberland County, NC
07-02-508
Land Managen
Environments
Wilming
March

5607 3168
7002 2410 000[
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'OP —916010104-
Postage
C erttfled Fee
Return Reclept Fee
tErsdorsemenl Required)
Restricted DeTivey Fee
(Ertdereement Required)
Total Postage i6 Fees
Sent To
Street, Apt. Ne.,; ,;
or PO Box No.
i t Sims„Z!P+4;
SENDER. COMPLETE T!4!S SEC770N.,,..
Complete items 2, and 3''Also complete
item 4 ii;Resiricted Delivery Is desfred
Pnnt your name'and address `on,:the reverse
so that we can: return the card tayou
Attach this card to the back of the' mailplece
ar an the front.if'space permits
Z. Article -Numb!)
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Alto %41107,69ALEV,
Postmark
Here
�-zt63-031'7
COMPLETE THIS SEeriomC)N DELlIIERY' 4 „
(iitrictod17,01v
7002 2410 0000 5607 3168
'(llgnslerf?oms
ent
,Adds
•urn Receipt for Marohandise;

Michael F. Easley
Govemor
William G. Ross Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Coleen H. Sullins, Deputy Director
Division of Water Quality
Mr. R. Frank Thompson
G, R & F, L.L.P.
330 Collinwood Drive
Fayetteville, NC 28303
SUBJECT: Assessment of Civil Penalties
for Wetlands Standards
Woodland Hills Subdivision
Cumberland County
File No. SS-2003-0317
February 11, 2004
CER 1'IBIED MAIL
RETURN RECEIPT REQUESTED
Dear Mr. Thompson:
This letter transmits notice of a civil penalty assessed against G, R & F, L.L.P. in the amount of
$9,523.87 which includes $523.87 in investigative costs. Attached is a copy of the assessment
document explaining this penalty.
This action was taken under the authority vested in me by delegation provided by the Secretary
of the Department of Environment and Natural Resources and the Director of the Division of
Water Quality. Any continuing violation(s) may be the subject of a new enforcement action,
including an additional penalty.
Within thirty days of receipt of this notice, you must do one of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of Environment
and Natural Resources. Payment of the penalty will not foreclose further
enforcement action for any continuing or new violation(s). Do not include
the attached waiver form if making payment.
Please send payment to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617 A721
NCDENR
Customer Service: Mailing Address: Telephone [phone] Location:
1-877-623-6748 1617 Mail Service Center Fax [phone] N. Salisbury St.
Raleigh, North Carolina 27699-1617 State Courier #52-01-01 Raleigh, NC 27699-1617
An Equal Opportunity / Affirmative Action Employer
50% recycled / 10% post -consumer paper
http://h2o.enrstate.nc.us

OR
2. Submit a written request for remission or mitigation including a
detailed justification for such request:
A request for remission or mitigation is limited to consideration of the reasonableness
of the amount of the penalty and is not the proper procedure for contesting the
accuracy of any of the statements contained in the assessment letter. Because a
remission request forecloses the option of an administrative hearing, such a request
must be accompanied by a waiver of your right to an administrative hearing and a
stipulation that there are no factual or legal issues in dispute. You must execute and
return to this office the attached waiver form and a detailed statement which you
believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage resulting from
the violation;
(c) the violation was inadvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Please submit this information to the attention of:
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must request an
administrative hearing. This request must be in the form of a written petition to the
Office of Administrative Hearings and must conform to Chapter 150B of the North
Carolina General Statutes. You must file your original petition with the:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714

AND
Mail or hand -deliver a copy of the petition to:
And to:
Mr. Dan Oakley
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh, NC 27699-1601
Mr. Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Failure to exercise one of the options above within thirty days, as evidenced by a date stamp (not
a postmark) indicating when we received your response, will result in this matter being referred
to the Attorney General's Office with a request to initiate a civil action -to collect the penalty.
Please be advised that additional assessments may be levied for future violations which occur
after the review period of this assessment.
If you have any questions, please contact Mr. Steve Lewis at [phone], ext. 539 or Ms.
Linda Fitzpatrick at [phone], ext. 526.
Sincerely,
/Jeffrey O. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
JOP/scl
ATTACHMENTS
cc: Paul Rawls, Fayetteville Regional Supervisor w/ attachments
Ken Averitte, FRO w/ attachments
Danny Smith, 401/Wetlands Unit
z e 80310- 4w/ attachments
Central Files w/ attachments
Public Information Officer w/ attachments

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT
COMIVIISSION
COUNTY OF CUMBERLAND
IN THE MATTER OF ASSESSMENT
OF CIVIL PENALTIES AGAINST
G, R & F., L.L.P.
WAIVER OF RIGHT TO AN
ADMINISTRATIVE HEARING AND
STIPULATION OF FACTS
FILE NO. SS-2003-0317
Having been assessed civil penalties totaling $9,523.87 for
violation(s) as set forth in the assessment document of the Director of the Division of Water Quality
dated February 10, 2004 , the undersigned, desiring to seek remission of the civil
penalties, does hereby waive the right to an administrative hearing in the above -stated matter and
does stipulate that the facts are as alleged in the assessment document.
The undersigned further understands that all evidence presented in support of remission of
this civil penalty must be submitted to the Director of the Division of Water Quality within thirty
(30) days of receipt of the civil penalty assessment. No new evidence in support of a remission
request will be allowed after thirty (30) days from the receipt of the civil penalty assessment.
This the day of , 20 .
SIGNATURE
ADDRESS
TELEPHONE

JUSTIFICATION FOR REMISSION REQUEST
DWQ Case Number: SS-2003-0317
Assessed Party: G, R & F, L.L.P.
Permit No. (if applicable): N/A
County: Cumberland
Amount Assessed: $9,523.87
Please use this form when requesting remission of this civil penalty. You must also complete the
"Request For Remission, Waiver of Right to an Administrative Hearing, and Stipulation of
Facts" form to request remission of this civil penalty. You should attach any documents that
you believe support your request and are necessary for the Director to consider in evaluating
your request for remission. PIease be aware that a request for remission is limited to
consideration of the five factors listed below as they may relate to the reasonableness of the
amount of the civil penalty assessed. Requesting remission is not the proper procedure for
contesting whether the violation(s) occurred or the accuracy of any of the factual statements
contained in the civil penalty assessment document. Pursuant to N.C.G.S. § 143B-282.1(c),
remission of a civil penalty may be granted only when one or more of the following five factors
applies. Please check each factor that you believe applies to your case and provide a detailed
explanation, including copies of supporting documents, as to why the factor applies (attach
additional pages as needed).
(a) one or more of the civil penalty assessment factors in N.C.G.S. 143B-282.1(b)
were wrongfully applied to the detriment of the petitioner (the assessment factors are listed in
the civil penalty assessment document);
(b) the violator promptly abated continuing environmental damage resulting from the
violation (i.e., explain the steps that you took to correct the violation and prevent future
occurrences);
(c) the violation was inadvertent or a result of an accident (i.e., explain why the
violation was unavoidable or something you could not prevent or prepare for);
(d) the violator had not been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for the remaining necessary
remedial actions (i.e., explain how payment of the civil penalty will prevent you from performing
the activities necessary to achieve compliance).
EXPLANATION:

STATE OF NORTH CAROLINA
COUNTY OF CUMBERLAND
IN THE MATTER OF
G, R & F, L.L.P.
FOR VIOLATIONS OF'
15A NCAC 02B .0231 AND
15A NCAC 02H .1301
NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND
NATURAL RESOURCES
FILE No. SS 2003-0317
FINDINGS AND DECISION
AND ASSESSMENT OF
CIVIL, PENALTIES
Acting pursuant to delegation provided by the Secretary of the Department of
Environment and Natural Resources and the Director of the Division of Water Quality, I, Jeffrey
O. Poupart, Supervisor of the Non -Discharge Compliance and Enforcement Unit of the Division
of Water Quality (DWQ), make the following:
I. FINDINGS OF FACT:
A. G, R & F, L.L.P. is a corporation organized and existing under the Iaws of the
State of North Carolina.
B. G, R & F, L.L.P. is the owner of a tract know as the Woodland Hills Subdivision,
Iocated along SR 1115 in Cumberland County in the Cape Fear River Basin.
C. On March 6, 1998, the US Army Corps of Engineers determined the 1.35 acres of
wetlands on the site were isolated wetlands and not under the jurisdiction of
Section 404 of the Clean Water Act.
D. On December 20, 2002 and August 14, 2003 DWQ staff observed wetland
impacts including excavation, grading, and the installation of roads and single-
family lots, associated with the development of Woodland Halls Subdivision.
E. A review of DWQ files confirmed no 401 Water Quality Certification or
Individual Permit or a Certificate of Coverage to operate under a General Permit
has been issued for the impacts to wetlands that have occurred on the tract.
F. On April 22, 2003, DWQ files confirm that G, R & F, L.L.P. submitted an "after -
the -fact" Pre -Construction Notification application (PCN) for 1.377 acres of
isolated wetland fill.

G. The water quality standards for wetlands, as found in 15A NCAC 02B .0231(a),
are designed to protect, preserve, restore and enhance the quality and such uses of
wetlands as storm and flood water storage and retention. As required by 15A
NCAC 02B .0231(b)(1), "liquids, fill or other solids or dissolved gases may not
be present in amounts which may cause adverse impacts on existing wetland
uses."
H. 15A NCAC 02H .1300 applies to discharges to waters or wetlands that are
determined to be non -regulated under Section 404 of the Clean Water Act.
Section .1300 also outlines the application and review procedures for permitting
of discharges into isolated wetlands.
I. The wetlands Iocated at the site drain to Rockfish Creek which are Class B Waters
of the State in the Cape Fear River Basin.
J. The cost to the State of the enforcement procedures in this matter totaled $523.87.
Based upon the above Findings of Facts, I make the following:
II. CONCLUSIONS OF LAW:
A. G, R & F, L.L.P. is a "person" within the meaning of G.S. 143-215.6A pursuant to
G.S. 143-212(4).
B. The wetlands located within the Rockfish Creek watershed constitute waters of
the State within the meaning of G.S. 143-212(6).
C. G, R & F, L.L.P. violated 15A NCAC 02H .1300 by the fill of wetlands without
first applying for and securing the issuance of an Individual Permit or a
Certificate of Coverage to operate under a General Permit.
D. G, R & F, L.L.P. may be assessed civil penalties pursuant to G.S. 143-215.6A
(a)(2) which provides that a civil penalty of not more than twenty-five thousand
dollars ($25,000.00) per violation may be assessed against a person who is
required but fails to apply for or to secure a permit required by G.S. 143-215.1, or
who violates or fails to act in accordance with the terms conditions,or
requirements of such permit or any other permit or certification issued pursuant to
authority conferred by this Part.
E. G, R & F, L.L.P. violated 15A NCAC 02B .0231(a)(1) and (b)(1) by the impacts
to wetlands from excavation, grading, and filling of wetlands in amounts which
may cause adverse impacts on existing wetland uses.

F. G, R & F, L.L.P. may be assessed civil penalties in this matter pursuant to G.S.
143-215.6A(a)(1), which provides that a civil penalty of up to twenty-five
thousand dollars ($25,000.00) per violation may be assessed against a person who
violates any classification, standard, limitation, or management practice
established pursuant to G.S. 143-215.3, 143-214.2, or 143-215.
G. The State's enforcement cost in this matter may be assessed against G, R & F,
L.L.P. pursuant to G.S. 143-215.3(a)(9) and G.S. 143B-282(b)(8).
H. The Supervisor of the Non -Discharge Compliance and Enforcement Unit,
Division of Water Quality, pursuant to delegation provided by the Secretary of the
Department of Environment and Natural Resources and the Director of the
Division of Water Quality, has the authority to assess civil penalties in this matter.
Based upon the above Findings of Fact and Conclusions of Law, I make the following:
III. DECISION:
Accordingly, G, R & F, L.L.P. is hereby assessed a civil penalty of:
000
$ S000
for violation of 15A NCAC 02H .1300 by the fill of
wetlands without first applying for and securing the
issuance of an Individual Permit or a Certificate of
Coverage to operate under a General Permit.
for violation of 15A NCAC 02B .0231(a)(1) and (b)(1) by
impacts to wetlands from excavation, grading, and filling of
wetlands which may cause adverse impacts on existing
r} wetland uses.
TOTAL CIVIL PENALTY
$ 523.87 Enforcement costs
$ �J 523 . S J TOTAL AMOUNT DUE
As required by G.S. 143-215.6A(c), in determining the amount of the penalty I have
considered the factors listed in G.S.143B-282.1(b), which are:
(1) The degree and extent of harm to the natural resources of the State, to the public
health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;

(5)
(6)
(7)
(8)
The amount of money saved by noncompliance;
Whether the violation was committed willfully or intentionally;
The prior record of the violator in complying or failing to comply with programs
over which the Environmental Management Commission has regulatory authority;
and
The cost to the State of the enforcement procedures.
(Date)
Je 4. Poupart, Supervisor
Non -Discharge Compliance and Enforcement Unit
Division of Water Quality

Non -Discharge Branch Fast Track Review and Recommendation
Case # SS-2003-0317
Facility Name G, R & F, L.L.P/Woodland Hills
Permit or Farm # N/A
Regional Office FRO
Coleen Sullins Date
Jeff Poupart Date
Steve Lewis Date //244,1
Please return to Steve Lewis
The attached case has been sent to the Non -Discharge Compliance/Enforcement Unit for
review and processing. Please review the file and make any comments or
recommendations. I'll be glad to answer any questions that you have along the way.
-Steve
F&D
2nd/3`d page L/
Folder label made,.
Region rec.

Memorandum:
TO:
FROM:
PREPARED BY:
SUBJECT:
55 •2003-03/7
WATER QUALITY SECTION
October 22, 2003
ieoleen H. Sullins
puty Director
Division of Water Quality
�\
Paul Ra
Water Qua Regional Supervisor
Fayetteville Regional Office
Ken Averitte
Danny Smith
a o 0300 313
Enforcement Recommendation
G, R& F, L.L.P.
Woodland Hills Subdivision
Violation of N.C.G.S. 143-215.1(a)(5)
15A NCAC 02B .0231
15A NCAC 02H .1301 .
Failure to Secure authorization to fill in Isolated Wetlands
Cumberland County, NC
RE.CENED
t OV 1 2003
Q�yA;. i sE nceE►�i.
Wain nal
Comp
iyon D��
1003 D43ia
Agra])
NOV l 2 2003
DIU OF PATER QUALITY
DIRECTOR'S OFFICE
Attached is an enforcement recommendation package for G, R & F, L.L.P., developers of a subdivision
known as Woodland Hills, off Blacks Bridge Road (SR 1115) in Cumberland County. Ken Averitte,
Danny Smith, and John Dorney conducted a site inspection on December 20, 2002. Several additional
site visits have been conducted by FRO staff since that time. A Notice of Violation was issued to
G, R & F, L.L.P. on February 11, 2003, noting the following violations:
1. Failure to secure a Permit to Discharge into Isolated Wetlands and Waters, as required
pursuant to 15A NCAC 2H .1301
2. Violation of Wetland Standards found in 15A NCAC 2B .0231(b)(1) and (5)
Work has continued in the wetland areas of this development, although the Isolated Wetlands Permit
issue is yet to be resolved.
If additional information or clarification is require df please advise.
tb9.6

Type:
DIVISION OF WATER QUALITY
ENFORCEMENT CASE FACTORS
Failure to Secure an Individual Permit or a Certificate of Coverage
to operate under a General Permit and a Wetland Standard
violation
Violator: G, R & F, L.L.P.
Address:
Location:
G,R&F,L.L.P
330 Collinwood Drive
Fayetteville NC 28303
The tract now known as the Woodland Hills Subdivision is located along
Blacks Bridge Road, SR 1115, in Cumberland County, just south of
Rockfish Creek.
Regional Office: Fayetteville
1. The degree and extent of harm to the natural resources of the State, to the public health,
or to private property resulting from the violation;
G, R & F, L.L.P is the owner of a site known as the Woodland Hills Subdivision,
located along SR 1115 in Cumberland County within the Cape Fear River Basin.
On December 20, 2002 and August, 14, 2003 DWQ staff observed wetland impacts
including grading, grubbing and the installation of roads, associated with, the
development of Woodland Hills Subdivision. A subsequent review of DWQ files
confirmed no 401 Water Quality Certification, isolated wetlands permit, Individual
Permit, or Certificate of Coverage to operate under a General Permit had been issued
for the tract.
On April 22, 2003, DWQ files confirm that G, R & F, L.L.P submitted an "after -the -
fact" PCN application for 1.377 acres of isolated wetland fill.
Staff from the US Army Corps of Engineers (USACE) confirmed that the wetlands
located on the Woodland Hills Subdivision, approximately 1.3 acres, were not under
the jurisdiction of Section 404 of theClean Water Act.
The wetlands located on the Woodland Hills Subdivision are located in Rockfish
Creek watershed, a Class "B" Water in the Cape Fear River Basin.
2. The duration and gravity of the violation;
On December 20, 2002 DWQ staff observed impacts to wetlands on the Woodland
Hill subdivision tract. , On April 22, 2003, G, R & F, L.L.P submitted an "after -the -
fact" application to secure an isolated wetlands permit. On August 14, 2003, DWQ

staff revisited the site and observed not only impacts to wetlands but a house now
partially constructed within the wetlands, a road installed in wetlands, and lots and
utilities that had also been installed. A file review confirmed that an isolated
wetlands permit has not been secured for these impacts.
3. The effect on ground or surface water quantity or quality or on air quality;
Impacts to wetlands have occurred from the fill of wetlands. [Note: Water storage is
one of the wetland functions impacted by the unauthorized fill. It is the understanding
of staff that a large rain even occurred at this site and caused significant flooding
impacts and off site sedimentation to adjacent properties (in houses)]
4. The cost of rectifying the damage;
The cost for rectifying the damage to the environment is difficult to provide. The main costs
would result from the removal of the fill and/or properly securing an after -the -fact permit which
may require mitigation, minimization and stormwater management.
5. The amount of money saved by noncompliance;
Costs associated with securing the proper permits include the minimization and avoidance of
wetland impacts which may have resulted in a reduction of usable Iots.
Also, it should be clearly understood that if the DWQ staff had not encountered the violation
and required after -the -fact permitting, no mitigation would have been secured for the 1.37
acres of impacts (mitigation is currently proposed in the "after -the -fact" application), and
permanent stormwater management would not have been thoughtfully addressed (Note:
DWQ is currently requesting that G, R & F, L.L.P. submit.a stormwater management
plan. G, R & F, L.L.P. is reluctant to do so.)
6. Whether the violation was committed willfully or intentionally;
There is not sufficient evidence to conclude the violations were committed willfully or
intentionally. However, this site was surveyed for the presence of wetlands prior to the sale to
the G, R and F, L.L.P.
7. The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission has regulatory authority;
DWQ is unaware of a prior record with G, R & F, L.L.P.
8. The cost to the State of the enforcement procedures.
Danny Smith 8 hours @ $22.33
Ken Averitte 8 hours @ $26.67
Paul Rawls 1 hour @ $31.87
Central Office Review and Processing
$178.64
$213.36
$ 31.87
$100.00
Total $523.87

9. Type of violator and general nature of business (i.e. individual vs. large
corporation):
G, R & F, L.L.P is a corporation developing a subdivision known as Woodland Hills
Subdivision.
10. Violators degree of cooperation (including efforts to prevent or restore or
recalcitrance):
In response to the NOV dated February 11, 2003, G, R & F contacted the Land
Management Group, Inc., to obtain assistance in resolving this matter. On February
20, '03, the FRO received a letter from Paul Farley of that company explaining that
they had been contacted and would meet with DWQ staff to seek a solution to the
NOV. Although an after -the -fact application for an isolated wetland permit has been
filed, there are concerns remaining to be addressed before this permit can be issued.
Development has proceeded within the wetland area, even though this issue has not
been satisfactorily resolved.
11. Mitigating circumstances:
None known.
12. Assessment Factors:
a) IWC: NA
b) Receiving Stream: Isolated wetlands within the Rockfish Creek watershed, in
the Cape Fear River Basin
c) Damage: failure to a secure a permit and a wetland standard violation.

Woodland Hills Subdivision, Isolated Wetland Fill
View of filled area as seen from corner of
Shady Pine Court and Hall Glen Drive
December 18, 2002

Woodland Hills Subdivision, Isolated Wetland Fill
View of filled area as seen from junction of
Shady Pine Court and Ascent Drive
December 18, 2002

Woodland Hills Subdivision, Isolated Wetland Fill
View of filled area as seen from junction of
Shady Pine Court and Ascent Drive
December 18, 2002

Woodland Hills Subdivision, Isolated Wetland Fill
View of filled area as seen from
Rising Ridge Drive
December 18, 2002

Woodland Hills Subdivision, Isolated Wetland Fill
View of filled area as seen from
Rising Ridge Drive
August 1, 2003
(house on left under construction is on uplands, Lot 53, Ascent Drive)

Woodland Hills Subdivision, Isolated Wetland Fill
View of filled area as seen from
Rising Ridge Drive
August 1, 2003
(silt fence is between lots 54 and 55 an Ascent Drive)

Woodland Hills Subdivision, Isolated Wetland Fill
View of filled area as seen from
Rising Ridge Drive
August 14, 2003
(first gray house on left center of photo is on lot 55, part of wetland fill)

•
T7
Ani
11,
NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor
February 11, 2003
Certified Mail
Return Receipt Requested
Mr. R. Frank Thompson, Registered Agent
G,R&F,LLP
330 Collinwood Drive
Fayetteville, North Carolina 28303
Dear Mr. Thompson:
William G. Ross, Jr., Secretary
Alan Klimek, Director
Division of Water Quality
Subject: Notice of Violation
Violation of Wetland Standards and
Failure to Secure Permit for Wetland Fill
Woodland Hills Subdivision •
State -Road SR1115
Cumberland County
On December 20, 2002, Ken Averitte of the Fayetteville Regional Office and
Danny Smith and John Dorney of the Central Office of the Division of Water Quality
(DWQ) inspected a land disturbing activity involving the installation of roads,
excavation, and grading associated with the construction of a subdivision located along
Blacks Bridge Road (SR1115) in southern. Cumberland County.
During the site visit, the investigators took photographs and made observations of
substantial impacts to wetlands (comparing the tract .to wetland delineation maps as
signal by the U.S. Army Corps of Engineers). Specifically, the inspection revealed that
the construction of access roads and deposition of soil for lot fill had adversely impacted
approximately 1.37 acres of wetlands, based on a survey done in November 1997 and
signed by Mr. Allen Davis of the U.S. Army Corps of Engineers.
A DWQ file review and a review of the Corps of Engineers files confirms impacts
to approximately 1.37. acres of wetlands. The U.S. Army' Corps of Engineers Notification
of Jurisdictional Determination for this tract dated 3 March 1998 indicated that these
wetlands are isolated. Such activities in isolated wetlands require a permit pursuant to
15A NCAC 2H .1301. As a result of the site inspection and file review, the following
below listed violations, are noted: 1) failure to properly secure a permit to discharge into
isolated wetlands and waters; and 2) wetland standard violations.
Fayetteville Regional Office
225 Green Street — Suite 714, Fayetteville, North Carolina 28301-5043
Phone: [phone]FAX: [phone] Internet: www.enr.state.nc.RisIENR
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 1 10% Post Consumer Paper

Mr. R. Frank Thompson
February 11, 2003
Page 2
Item 1. Failure to Secure a Permit to Discharge into Isolated Wetlands and Waters
ADWQ site visit and file review confirmed that approximately 1.37 acres of
wetlands had been impacted (graded and filled) prior to the acquisition of a permit as
required pursuant to 15A NCAC 2H .1301. A file review indicates that the U.S. Army
Corps of Engineers (COE) has not authorized use of a Nation Wide Permit for this
activity and that the proper notification has not been provided to the DWQ for this
activity. The review confirmed that no Permit application has been received by the
Division of Water Quality for this project and no 401 Water Quality Certification has
been issued. It was also determined that the activity is not covered by a General 401
Water -Quality Certification. A permit to fill isolated wetlands .and waters is required for
the above -mentioned impacts pursuant to 15A NCAC 2H .1300.
Item 2. Wetland Standard Violation
Wetland disturbance corresponding to mechanized fill and grading associated
with the back filling/grading of the"subject tract constitutes a wetland standard violation.
This work has been done without the appropriate DWQ isolated wetlands permit..
Further, no COE permit or DWQ 401 Water Quality Certification has been,issued for the
subject tract. Lacking prior authorization, the above -described activity represents
. violations of the following North Carolina wetland standards found in 15A NCAC 2B
.0231(b)(1) and (5):
15A NCAC 2B .0231(b)(1):
"Liquids, fill, or other solids or dissolved gases may not be present in'amounts
which may cause adverse impacts on existing wetland uses;"
15A NCAC 2B .0231(b)(5):
"Hydrological conditions necessary to support the biological and physical
characteristics naturally present in wetlands shall be protected to prevent adverse
impacts on:
C) The chemical, nutrient and dissolved oxygen regime of the wetland;
D) The movement of aquatic fauna;
F) Water levels or elevations.
This Office recommends that you take immediate measures to abate and resolve the
above mentioned violations. Also please note, these violations and any future violations
are subject to civil penalty assessment of up to $25,000.00 per day for each violation.

- Mr. R. Frank Thompson
February 11, 2003
Page 3
This Office requests that you respond to this letter, in writing, within 20 days of
receipt of this Notice. Your response should address the following items`
- Please explain why no authorization was sought for these impacts. Please explain the
reasoning for the grading/filling activities that have occurred in wetlands.
- Please provide a map that exactly details the number of square feet of wetland
impacts.
You may choose to either restore the wetlands, request an "after -the -fact" permit for
impacts to the whole site (1.37 ac. of wetlands which will require appropriate DWQ
review), or a combination of the two, such that impacts are minimized. In order to
proceed and regardless of your approach, an application for a permit will be required.
(Note: the DWQ review will include the applicability of minimization and mitigation
to proposed impacts).
- .If wetlands are to be restored you must include a Restoration Plan with your
application and clearly detail areas that are to be restored. -This plan must be
'submitted -to this office for review and approval, as weIl,as to Mr. Danny Smith of
the 401/Wetlands Unit -Central Office (address: 2321 Crabtree Blvd., Parkview
Building, Raleigh, NC 27604-2260):
a.) Wetland Restoration Plan: Any fill placed in wetlands must be removed.
Please provide a schedule of dates by which this work will be done.
b.) It is required that a planting plan be developed such that at least two native
wetland hardwood tree species be planted at a density sufficient to provide
320 trees per acre at maturity. This density can be achieved by planting
approximately 436 (10x10 feet spacing) to 681 (8x8 feet spacing) trees per
acre. Also, re -vegetation of these areas with a wetland herbaceous seed mix is
required.. Please indicate in your response a schedule with dates detailing
when this will be accomplished.
c.) Fill material must be removed from the wetlands and placed on high ground.
d.) This restoration effort must also be addressed in a manner that is in full
compliance with the Division of Land Resources and the US Army Corps of -
Engineers.
Please clearly indicate in your response your intentions with respect to securing
proper authorizations for the above mentioned impacts and include a time schedule for
submission of Pre -Construction Application necessary to secure the proper authorization
for the wetland impacts.

Mr. R. Frank Thompson
February 11, 2003
Page 4
Thank you for your attention to this matter. This Office is considering sending a
recommendation for enforcement to the Director of the Division of Water Quality
regarding these issues and any future/continued violations that may be encountered. Your
prompt response to this correspondence will be considered in this process. Should you
have any questions regarding these matters, please contact Ken Averitte at or myself at
[phone].
Y,
!r
Paul Rawls
WQ Regional Supervisor
cc: FRO — Water Quality — Ken Averitte
FRO --Division of Land Resources
US Army. Corps of Engineers — Tom Ferrell
Central 401/Wetlands Unit -Danny Smith
Central Files

SENDER: COMPLETE THIS SECTION
M C:ornplete items 1 2, and '3. Also'compiete
item 4 if Restricted Dellvery'is,desired.
piPrint your name and address on "the.reverse
so that we can return the card to.you.
■ Attach thlscard to the back of the mailpiece,
or on"the _front if space permits.
1. 'Article Addressed to
MR FRANC TFIOMPSON
330 COLLTNWOOD DR
FAYETTEVILLE NC 28303
COMPLETE THIS SECTION ON DEL VERY •
a 2
A. Received.by'(Plese Print Clearly)'
113
C. Signature
X a
:Date of Deliver
0 Agent
❑ Address(
D. Is delivery address different from item 1? ❑ Yes
If YES, enter delivery address below: ❑ No
a Service Type
0 Certified Mali 0 Express Mail
0 Registered 0 Return Receipt for Marchand!:
0 Insured Mail 0 G.O.D.
4. Restricted Delivery? (Extra Fee)
2., Article Number, r-
(Transfer frog] service Woe') r ; i70,01 2; 510 ,, p iJ 0 p 6 6 $, 0 l k11.516
PS Form 381'1 , Maroh 2001 4 Domestic Return4Receipt ,
0 Yes
102595-e1-M-1,

D•IV OF WATER QUALITY Fax:[phone]
T rarnsm i t Conf_ Repo
P. 1
Sep 21 2004 14:14
Fax/Phone Number
Mode
Start
Time
Page
Result
Note
97166766 /
NORMAL
21,14:14
1'51"
6
* 0 K
RECEIVED
SEP 2 1 2004
PERCS UNIT o
0
P6tup
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\NAT:G.,
Cci
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NORTH CAROLINA DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
1617 Mail Service Center
Raleigh, NC 27699-1617
Fax: [phone]
Phone: [phone] •
TELECOPY TO:
FAX NUMBER: W - 6 za�
FROM:
C 41s - 4&f22J
1
PHONE: 735 7?/i` s 0e3 # OF PAGES INCLUDING THIS SHEET:
COMMENTS:

STATE OF NORTH CAROLINA
COUNTY OF WAKE
The undersigned, Coleen Sullins, first being duly sworn, deposes and says that she is
'responding in her capacity as the Deputy Director of the Water Quality Section, Division of
Water Quality, within the N.C. Department of Environment and Natural Resources, and verifies
that the DELEGATION OF AUTHORITY from Secretary William G. Ross, Jr. of the North
Carolina Department of Environment and Natural Resources to Alan Klimek, Director, Division
Of Water Quality, dated June 1, 2002; the MEMORANDUM ENTITLED DELEGATION OF
AUTHORITY from Alan W. Klimek, Director, Division of Water Quality to Coleen H. Sullins,
Deputy Director, Division of Water Quality, dated October 15, 2003; and the
MEMORANDUM ENTITLED DELEGATIONS OF AUTHORITY from Coleen H. Sullins,
Deputy Director, Division of Water Quality, to Non -discharge Compliance and Enforcement
Unit Supervisor, dated October 27, 2003; which are attached to this verification, are true and
accurate copies of the documents constituting the delegati+ 1 of authority assess civil penalties.
Subscribed and sworn to before me
this the l day of September, 2004..
Notary Public
My Commission Expires:
(SEAL)
VERIFICATION
Coleen H. Sul
Deputy Director, Division of Water Quality
ottutwino
rT/�i (TI��lp
M
-
mac. ***
V4-;;1/41, PUBL1C ern
,11,),,i11171Uo''t,,

DWQ USER
(S19)733-Uu3�
Sep 08 04,O1:llp
State of North Caro
Department of Envi
and Natural Resour
ina
onment
es
DELEGA ION OF AUTHORITY
In accn dance with Genera Statute 143B-10, I hereby deie ate to:
K.
POSITION: DIRECTOR, DIVISION OF WATER QT.: ITY
NAME: ALAN KLIIh
THE FOLLOWING AUT ORITY: TO PERFORM THE F
RESPONSIBILITIES DELE ATED TO THE SECRETARY
ENVIRONMENT AND NA t RESOURCES:
1. TO ASSESS CIVIL PE - TIES IN ACCORDANCE W
AND 15A NCAC 8F.05+1; GS 143-214.2A (b); 143-215.6
1D2'a); •
2. TO ISSUE PERMITS IN
NCAC 8F .0501;G.S. 14
.88A, .94W, AND .102(a
3. TO REQUEST THE A
IN ACCORDANCE WI
.88A, .102(a), .214.2A (b
ATA
NCDE$IR
LLO i' G DUTIES AND
F THE DEPARTMENT OF
GS :7-94;;GS 90A-47.5(b)
A., .17(ij, 36(b), 88A, 94W, AND
CCORDANCE WITH GS 87-9 . ; GS 47 5(b) AND I5A
-214.2A(b); 143-215.6A.17(b), . 6(b),
ORNEY GENERAL TO INSTI
H GS 87-94(e); 143-214A(b); 14
(5), 87-94(e) AND 143B-2B2.1 (
. TO REQUEST THE ATTORNEY GENERAL TO INSTI
FOR INJUNCTIVE RELrEF IN ACCORDANCE WITH
GS 143-215.94Y.
TE CIVIL ACTIONS
-215.6A(g), .17(b)(6),
TE CIVIL ACTIONS
S 143-215.6C and
AND TO SIGN ALL INSTRUMENTS REASONABLY NECESSARY TO C
SUCH LUTES AND RESPONSIBILITIES.'
Signed:
'Wiliam G. Ross,,Jr.
Secretary
Date: FJUN 0 1 2062
NO: DWQ-12
Y OUT

Sep 08 04 Olsllp
DLJQ USER
r_•
MEM
To:
From:
Subject:
position
are spec
decisio
individ
same si
delegati
Environ
authori
promoti
Deputy
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Nan W. Klimek, P. E. Director
Division of Water Quality
Colecn H. Sullins, Deputy Director
Division of Water Quality
October 15, 2003
UM
Coleen H. Sullins
Alan W. Klim k, P.E.
Delegation of • uthority
he purpose of this Ii emorandum is to clarify the
of Deputy Director of the Division of Water Qu
fically delegated in rule, statute, Environmental
s, or other actions, order to provide clarity, I
al in the position o Deputy Director of the Divi
atory and admini t ative authorities provided
ns provided in a • • ' • strative rules, statutes, sp
ental Managemen Commission actions, but e
es given to me with a stipulation that they shall
he delegations to th
n to that position.
irector until speci
N. C. Division of Water Iuality 1617 Mail Service
existing Deputy Director
ese delegations are also t
cally rescinded by me or m
de egation of duties to the
ali . Although some authorities
Management Commission
o 1}ereby ceclare that the
of Water .Quality has the
e irecto-. This includes the
letters of delegation or
ck des those delegated
of be furt.ier delegated.
ere effect rvc on the date of
reiiinain vested in the position of
Si1CCeSSOI.
;enter Raleigh, North Carolina 27699-Lil7 (919)i33-7015
"NCEENR
Customer Service
1-S77-62B-6748

Sep, 08 01 11:34a
•45101-
BWQ USER
fS19)733-0053 P•2
wary
North Carolina
epartme
• Michael F. Easley, Governor
William C, Ross Jr-, Secretary
t of Emn onment and Natural Resources
Alan W. Klimek, P. E., Director
C leen H. Sullins, Deputy Director
Division of Water Quality
ME • • I UM:
TO:
FRO
SUB
proc
Corn
sign
redel
indiv:
CT:
ilia ke
s ing of
ance
folio
giate the
dimally n
.1.
13.
October 27, 2003
on -Discharge Compliance and Enforcement Unit Su ervisar
oleen H. Su llins
elegati ons of Auth
mg with the Division's organization and in order td simplify and speed up the
ompliance/enforcement actions, I am hereby delegating to the Non -Discharge
d Enforcement Unit Supervisor, effective this date tiatil rescinded, authority to
- g documents for me with the understan g tha�you have the authority to
e functions to the appropriate staff, excep those pecific program elements
ted.
ublic notices for Special Orders by Consent
ocuments relating to the scheduling of pers�
(SOC);
ns to appear before the
nvironmental:Managesnent Commission's Committee on Civil Penalty
emissions.
o sign Notice$ of Violation issued for violations of ater quality statutes or
es.
4. ign Civil Penalty Assessments for the folly
Violations of NCGS 143-215.1, inclu
outlet to waters of the state without a
Violations of any Non -Discharge pe
401 certification conditions or limits.
Violation of any NPDES Permits or C
facilities or collection systems.
Violation an any isolated wetland p
Violation of any applicable water quali
DischarggA of oil as defined- in N.C.G.S.
215.83.
Failure to obtain a required 401 water
Violation of wetland standards in Title
.0200.
types of cases
but not liimite to making an
r permit.
Certifigate of overage, and /or
cates of Coverages for animal
Certificate of Coverage.
dard
-215.77 and N.C.G.S. 143-
ty certincatio . ,
NCAC Subciaper 2B Section
1617 Mail Ss rvice Center, Leigh, NC 27699-1617
C tamer Service Center
An Equal Oppo unity Action Employer
Teeepho a [phone]
Telepho e 1 800 623-7748
50% re cled//10% post -consumer paper
STA
t+ICDENR

Sep', 08 04 11:34a
`DWQ USER
(91S)733-0059
P - 3
Delegati
Non-Dis
Page 2
n of All
huge C
i.
J-
As quired by
set ut in N.C.
any a you ar
for nsiderati
S ,Ou1d you find that
be with pro so; That
supervise n and c ncurrence
redelega d by the on-Disch
In the ev of your
Discharg Compli ce and E
ese dele _ ations
Compli.. e and orcennent
ority
f•pliance
.w
1
Cc: Dire. or's Del
Boy • Devane
uffer viol
ocumente
}
gation File
t,
d Enfo
.on
rove
-C.G.
.S. 143
tt icon
. I.
y redele
e 1ss
The
ge Cor
seiace,
orceme
to
nit Su
-
ement Unit Supervisor
ative cost
143 215.6A(c), you
282.1(b) when makin
fortable in assessing t
ration is appropriate,
3nce of all docum
authority for civil
�pliance and Enforc
_a
.I
O11
these delegations wil
Unit Supervisor.
ain� vested in the
ervisor until rescinde
consider the assessment factors
y ur decilsions. You may forward
e Non -Disc . ge Branch Head
w. uld like for ' e redelegation to
e conducted with your close
en ty asessme may not be
en Unit S upezvi or,
b a_ssurn`ed by the acting Non-
j
po. ition bf the Non -Discharge
b me or my su • cessor.

YORK
MCDARRIS
IIIGH LLP
Attorneys at Law
MAILING ADDRESS: LOCATION: TELEPHONE: [phone]
P.O. Box 2060 Two Hannover Square, Suite 2010 FACSIMILE: 919.420.7838
Raleigh, North Carolina 27602 Raleigh, North Carolina 27601 TOLL -FREE: 888.285.7634
www, hymh. corn
March 15, 2004
Clerk
Office of Administrative Hearings
424 North Blount St.
Raleigh, NC 27601
RECE V ED
MAR 16 2004
WEBflllartSEa i.
{\lon•Sischa Comp
RE Petition for Contested Case Hearing (G, R & F, LLP v. North Carolina
Department of Environment — Division of Water Quality)
Dear Clerk:
Enclosed are the original and one copy of a Petition for a Contested Case Hearing
in the above -referenced matter. Copies have been forwarded per the certificate of service
to the person listed by the Agency as the contact for serving copies of the Petition. Please
do not hesitate to call me at 719-1250 with any questions.
Sincerely,
HOLT YORK MCDARRIS & HIGH, LLP
Enclosure
Cc Dan Oakley,, General Counsel
✓Steve Lewis, DWQ
Scott Mitchell, Spaulding & Norris
Chuck Gore, Gore Built Homes
Raleigh + Edenton

PLEASE PRINT CLEARLY OR TYPE
STATE OF NORTH CAROLINA
COUNTY OF (1) CUMBERLAND
IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
(2) G, R & F, L.L.P.
(your name) PETITIONER,
v.
(3) North Carolina Department of Natural Resources,
Division of Water Quality
RESPONDENT.
(The State agency or board about which you are complaining)
PETITION
FOR A
CONTESTED CASE HEARING
I hereby ask for a contested case hearing.as provided for by North Carolina General Statute § 150B-23 because the Respondent has:
(Briefly statefacts showing how you believe you have beenharmed by the State agencyor board.)
See Statement Attached as Exhibit A.
(If more space is needed, attach additional pages.)
(4) Because of these facts, the State agency or board has: (check at least one from each column)
✓ deprived me of property;
✓ ordered me to pay a fine or civil penalty; or
✓ otherwise substantially prejudiced my rights;
(5) Date: March 15, 2004
(7) Print your full address: P.O. Box 2060
(street address/p.o. bo)
(8) Print your name: Beniamlrl R. Kuhn
(9) Your signature:
You must mail or deliver a COPY of this Petition
board to determine the name of the person to be served.
CERTIFICATE OF SERVICE
1 certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United States Postal Service
with sufficient postage affixed OR by delivering it to the named agency or board:
(10) Mr. Dan Oakley (11) NCDENR, Division of Water Quality
(name of person served) (State agency or board listed on line 3)
(12) NCDENR, Office of General Counsel,.1601 Mail Center, Raleigh, NC 27699-1601
(street address/p.o. box) (city) (state) (zip code)
AND
rn
rU
cD
r exceeded its authority or jurisdiction;
✓ acted erroneously;
✓ failed to use proper procedure;
✓ acted arbitrarily or capriciously; or
✓ failed to act as required by law or rule.
(6) Your phone number: [phone]
Raleigh NC 27602
(city) (s te) (zap)
(13) This the 15
(14)
day of March
/ \ L
State agency or board named on line (3) of this form. You should contact the agency or
(your signature)
When you have completed this form, you MUST mail or deliver the ORIGINAL AND ONE COPY to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, NC 27699-6714.
H-06 (11/99)

Exhibit A
Statement of Contested Case Before the Office of Administrative Hearings
Facts and Procedural History
G, R & F, L.L.P. (hereinafter "Petitioner") is the current owner and developer of a
26 +/- acre tract of land located on the east side of State Road 1115 South of Hope Mills
(hereinafter the "Property") that is the subject of this case. 0 & T, LLP is Petitioner's
predecessor in title to the Property.
In 1997, 0 & T, LLP, purchased the Property. At that time, the United States
Army Corps of Engineers ("USACE") had issued a Notification of Jurisdictional.
Determination delineating 1.35 acres of isolated wetlands, thereby excluding such
wetlands from the jurisdiction of Section 404 of the Clean Water Act. This Notification
of Jurisdictional Determination was effective for 5 years.
In September 1998, 0 & T, LLP, applied for and received conditional use
approval from the Town of Hope Mills for the construction of "Fairway Forest, Section
9." In October 1998, NCDENR issued permits for sanitary sewer service. In July 1999,
the Land Quality Section of NCDENR approved the erosion control plan for the Property.
Shortly thereafter, the decision was made by 0 & T, LLP, to delay actual construction of
Fairway Forest, Section 9 due to the "soft" residential real estate market at that time.
In the late summer/early fall of 2001, 0 & T, LLP approached Petitioner about
purchasing an interest in developing Fairway Forest, Section 9. However, because the
conditional use approval that had already been issued by the Town of Hope Mills was
only effective for two years (through September 2000), 0 & T, LLP was required to
again ask for development approval from the Town. Therefore, 0 & T, LLP again
applied for conditional use approval from the Town of Hope Mills for construction of
Fairway Forest, Section 9. On October 8, 2001, the Town of Hope Mills again issued a
conditional use approval for the construction of Fairway Forest, Section 9, as evidenced
by the letter from the Town Planning Director attached hereto as Exhibit 1. Fourteen
days later, on October 22, 2001, rules governing discharges into isolated wetlands or
isolated waters of this state went into effect as a temporary rule. See 15A NCAC.02H
.1301 attached hereto as Exhibit 2.
In February 2002, G, R & F, LLP purchased an interest and development rights to
the Property, including rights under the conditional use permit issued by the Town of
Hope Mills on October 8, 2001. In April 2002, construction was started on Phase I of
Fairway Forest, Section 9. In October 2002, the name of the project was changed from
Fairway Forest, Section 9 to "Woodland Hilts." In November 2002, construction on
Phase I of Woodland Hills was completed, including grading and filling work necessary
for the development of Woodland Hills. Petitioners recorded the Plat for Phase I of
Woodland Hills on or about November 8, 2002. Evidence of the recorded plat for

Woodland Hills is attached as Exhibit 3. In Cumberland County, plats may not be
recorded showing the subdivision of landuntil all streets in the project are paved. At this
point, Petitioner started selling individual lots to builders who began construction of
homes thereon. Phase I included all portions of the isolated wetlands at issue in this case.
In January 2003, Petitioner began construction of Phase II of Woodland Hills. On
February 13, 2003, Petitioner received a letter from NCDENR including a notice of
violation of rules governing isolated wetlands and isolated waters arising from fill
activities that had already been completed during Phase I construction of Woodland Hills.
Subsequently, on February 27, 2003, Mr. Ken Averitte of NCDENR's Fayetteville
Regional Office visited the site and met with Petitioner regarding the alleged violation of
wetland regulations. At that time, Mr. Averitte advised that Petitioner must do one of
two options as follows: (1) remedy the violation by restoring the impacted area to its
original condition; or (2) submit an "After the Fact" permit for the impacts to wetlands
and pay into the Wetlands Restoration Fund an amount necessary to replace the impacted
isolated wetlands elsewhere.
Based on the representations from Mr. Averitte, on April 15, 2003, Petitioner
submitted to DWQ for review and consideration an "After the Fact" permit application
for approval of wetlands impacts to Phase I of Woodland Hills. Subsequent to Petitioner
filing the application, on 'February 11, 2004, Jeffrey O. Poupart, Supervisor of the Non -
Discharge Compliance and Enforcement Unit, sent a Notice of civil penalty to Petitioner,
which was received by Petitioner on February 14, 2004 (hereinafter the "Notice").
Attached to the Notice was a document purporting to be Findings of Fact, Conclusions of
Law, and a Decision signed by Mr. Poupart, acting pursuant to alleged authority provided
by the Secretary of the Department of Environment and Natural Resources and the
Director of the Division of Water Quality. The Notice and Decision attempt to set forth
the proposed basis of the assessment of civil penalties against Petitioner (hereinafter the
"Decision"). Attached as Exhibit 4 is a copy of the Notice and Decision. According to
the purported Conclusions of Law in the February 11, 2004 Decision:
"G, R & F, L.L.P. violated 15A NCAC 02H .1300 "by the fill of wetlands without
first applying for and securing the issuance of an Individual Permit or a
Certificate of Coverage to operate under a General Permit... .
G, R & F, L.L.P. violated 15A NCAC 0213.0231(a)(1) and (b)(1) by the impacts
to wetlands from excavation, grading, and filling of wetlands in amounts which
may cause adverse impacts on existing wetland uses."
Mr. Poupart's Notice .and Decision goes on to make various Findings of Fact,
Conclusions of Law, and assesses civil penalties against Petitioner in the amount of
$9,523.87.
Approximately two weeks later, Petitioner received a letter from Alan Klimek
with DWQ with an attached copy of Isolated Wetlands Permit No. 12 issued to G, R & F,
LLP for the Woodland Hills subdivision project ("Wetlands Permit"). A copy of the
2

Wetlands Permit is attached as Exhibit 5. According to the Wetlands Permit, it is "issued
in conformity to [DWQ rules set forth] in 15A NCAC.0211 .1301." According to the
Wetlands Permit, Petitioner's application:
". . . provides adequate assurance that the discharge of fill material into
wetlands in the watershed of Rockfish Creek in conjunction with the proposed
development will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North Carolina
certifies that this activity will not violate the applicable proportions [sic] of
Section 301, 302, 303, 306, 307 of PL 92-500 and PL 95-214 if conducted
with the applicable and conditions [sic] hereinafter set forth."
Thereafter, on March 15, 2004, Petitioner filed a Petition for Contested Case Hearing
challenging the assessment of penalties in the document signed by Mr. Poupart and also
challenging the requirement in the Wetlands Permit to pay into the Wetlands Restoration
Fund.
Vested Rights Exemption
The provisions of 15A NCAC.02H .1300, which is the rule cited by Mr. Poupart
as the basis for imposing penalties in this case, states in pertinent part as follows:
(a) The provisions of this Rule shall apply to Division of Water Quality
(Division) regulatory and resource management determinations
regarding isolated wetlands and .isolated classified waters. This
Section shall only apply to discharges resulting from activities that
require state review after the effective date of this Rule and which
require a Division determination concerning effect on isolated
wetlands and isolated classified waters. For the purpose of this Rule,
discharge shall be the deposition of dredged or fill material including
but not limited to fill, earth, construction debris and soil... .
Based on the terms of subsection (a) above, the provisions set forth in 15A NCAC.02H
.1301 apply generally to situations where a person proposes to fill or dredge isolated
wetlands or isolated waters that are not otherwise covered by Section 404 of the Clean
Water Act as determined by the USACE. See 15A NCAC.02H .1301(a) and (b). As
stated above, USACE had previously determined that there existed on the Property
approximately 1.35 acres of isolated wetlands. Thus, any impacts to such property were
not under the jurisdiction of Section 404 of the Clean Water Act, but potentially subject
to applicable DWQ rules regarding same.
However, 15A NCAC.02H .1300 also provides several exemptions which take
certain "projects" outside the jurisdiction of DWQ in terms of the agency's authority to
require a person to first apply for and secure an Individual Permit or Certificate of
3

Coverage under a General Permit prior to impacting any isolated wetlands or isolated
waters within the state. Specifically, 15A NCAC.02H .1301(e) provides as follows:
(e) The following are exempt from this Rule:
(5) A discharge resulting from an activity if:
(D) The applicant has been authorized for a discharge into isolated
wetlands or isolated waters for a project which has established a
Vested Right under North Carolina zoning law prior to the
effective date of this Rule.
Based on 15A NCAC.02H .1301(e)(5)(D), any project which has established a "vested
right" under North Carolina zoning law is therefore exempt from the rules that would
otherwise require a permit in the form of an Individual Permit or Certificate of Coverage
under a General Permit prior to impacting any isolated wetlands or isolated waters within
the state.
A vested right may be established under North Carolina zoning law by one of two
methods: (a) by statute, or (b) by common law. This case deals with the first method of
establishing a vested right: by statute. According to N.C. Gen. Stat. § 160A-385.1(c):
"A vested right shall be deemed established with respect to any property upon
the valid approval, or conditional approval, of a site specific development
plan or a phased development plan, following notice and public hearing by
the city with jurisdiction over the property. Such vested right shall confer
upon the landowner the right to undertake and complete the development and
use of said property under the terms and conditions of the site specific
development plan or the phased development plan including any amendments
thereto. A city may approve a site specific development plan or a phased
development plan upon such terms and conditions as may be reasonably
necessary to protect the public health, safety, and welfare. Such conditional
approval shall result in a vested right .... A site specific development plan or
phased development plan shall be deemed approved upon the effective date of
the city's action or ordinance relating thereto.
(Empahsis added). A copy of the relevant portion of N.C. Gen. Stat § 160A-385.1 is
attached as Exhibit 6. According to N.C. Gen. Stat. § 160A-385.1(b)(5), the term "site
specific development plan" is defined as follows:
"... a plan which has been submitted to a city by a landowner describing with
reasonable certainty the type and intensity of use for a specific parcel or
parcels of property. Such plan may be in the form of, but not limited to, any
of the following plans or approvals: A planned unit development, a
subdivision plat, a preliminary or general development plan, a conditional
4

or special use permit, a conditional or special use district zoning plan, or
any other land -use approval designation as may be utilized by a city...."
According to N.C. Gen. Stat. § 160A-385.1(b)(3), the term "phased development plan" is
defined as follows:
". . . a plan which has been submitted to a city by a landowner for phased
development which shows the type and intensity of use for a specific parcel or
parcels with a lesser degree of certainty than the plan determined by the city to
be a site specific development plan."
As explained in detail above, conditional approval to develop the Property now
known as Woodland Hills was issued to Petitioner's predecessor in interest on October 8,
2001. See Exhibit 1. Petitioner's plans to develop the property meets the definition of a
"site specific development plan" or "phased development plan" under N.C. Gen. Stat. §
160A-385.1(b)(3) and/or (5). As such, and in accordance with N.C. Gen. Stat. § 160A-
385.1(c), the Woodland Hills subdivision established vested rights under North Carolina
zoning law upon the effective date of the Town of Hope Mills conditional approval dated
October 8, 2001.
It is undisputed that DWQ Rule 15A NCAC.02H .01300, the rule cited as the
basis for penalties in this case, became effective on October 22, 2001. The provisions of
this rule also state that any project which had established a vested right under North
Carolina zoning law prior to the effective date of the rule was not subject to the
requirements of the rule and "exempt" therefrom. See 15A NCAC.02H .1301(e)(5)(D).
As set forth above, Petitioner established vested rights with respect to Woodland
Hills on October 8, 2001, fourteen days prior to the effective date of DWQ's rules
governing isolated wetlands and isolated waters. Therefore, Petitioner was not required
to file an "After the Fact" permit application for the, impacts to isolated wetlands or
isolated waters located on the Property, despite Mr. Averitte's statements to the contrary.
Moreover, because Petitioner had vested rights on and after October 8, 2001, they have
never been in violation of the requirement stated in Mr. Poupart's Decision that Petitioner
was required to first apply for a permit from DWQ before filling the wetlands on the
Property. See Exhibit 4, Sections II.C, and III. The requirement in DWQ's rules
regulating isolated wetlands and isolated waters only applies to projects that have not
secured a "vested right" prior to October 22, 2001. Petitioner established vested rights
with respect to Woodland Hills as of October 8, 2001. Therefore, Mr. Poupart's findings
of fact and decision that Petitioner has violated 15A NCAC.02H .1301 is in error, in
excess of DWQ's authority and jurisdiction, isbased on. improper procedure, and is
arbitrary and capricious. For these reasons, the Notice and Decision must be dismissed in
its entirety and all penalties assessed withdrawn or dismissed.
5

DWQ Was Without Jurisdiction or Authority to Require Petitioner to File an
After The Fact Permit Application and Payments into the Wetlands Restoration
Fund in Connection with Wetland Impacts to the Property.
Because Petitioner had vested rights under North Carolina zoning law prior to the
effective date of 15A NCAC.02H .1301, there was simply no requirement that Petitioner
submit an application either prior to or after the impacts to the isolated wetlands located
on the Property. According to 15A NCAC.02H .1301, any impacts to isolated wetlands
or isolated waters on the Property were exempt from the requirement to apply for a
permit from DWQ prior to impacting such isolated wetlands or isolated waters. 15A
NCAC.02H .1301(e)(5)(D). Given these circumstances, there was simply no jurisdiction
or authority in DWQ to even consider the After the Fact permit application that was filed
pursuant to the direction of Mr. Ken Averitte in DWQ's Fayetteville Regional Office.
Petitioner's filing, and DWQ's subsequent review and approval of the After the Fact
permit application, were entirely useless. There was no jurisdiction to require such a
filing, and also no authority or jurisdiction in DWQ to consider and approve the
application. Most importantly, there was no jurisdiction or authority in DWQ to require
any remediation, or alternatively, payment by Petitioner into the Wetlands Restoration
Fund. As a result, the After the Fact permit issued by DWQ, including the order for
Petitioner to pay into the Wetlands Restoration Fund should be deemed null and void,
and of no force or effect, due to the lack of jurisdiction and authority in DWQ to require,
review, and approve such an application in the first instance.
The Notice and Decision Issued By Mr. Poupart Finding Adverse Impacts to
Existing Wetlands and Assessing Penalties is in Excess of DWQ's Jurisdiction
and Authority and is Directly Contrary to DWQ's Findings Set forth in the After
the Fact Permit Finding that there would be no Violation of Applicable Water
Quality Standards From the Impacts to Wetlands Detailed by the Application.
As set forth in more detail above, the Woodland Hills project established vested
rights prior to the effective date of the rules cited by Mr. Poupart's Notice and Decision,
and therefore is not subject to DWQ rules regulating impacts to isolated wetlands and
isolated waters located on the Property. The finding, decision, and penalty assessed by
Mr. Poupart's Notice and Decision are therefore in excess of his authority and outside the
jurisdictional reach of DWQ rules regarding isolated wetlandsand isolated waters. Any
and all such alleged violations and assessed penalties should therefore be deemed null
and void and of no further force and effect in connection with the Property known as
Woodland Hills.
In several instances within Mr. Poupart's Notice and in the Decision, it states that
he was acting pursuant to some alleged authority "delegated" to him by "the Secretary of
the Department of Environment and Natural Resources and the Director of the Division
of Water Quality." See Exhibit 4, Notice, p. 1, and Decision, p. 1, and § 1.H. No
statutory reference is given in any document (neither the Notice nor the Decision) citing
the original statutory authority of the Secretary or the Director of DWQ to make
6

determinations with respect to the alleged violations. More importantly, Mr. Poupart's
Notice and Decision fails to cite to any statute or other authority which permits the
Secretary or the Director of DWQ to delegate any of their powers to the Supervisor of the
Non -Discharge Compliance and Enforcement Unit within the Division of Water Quality.
Moreover, Mr. Poupart's Notice and Decision fail to set forth any statutory basis for his
exercise of authority in issuing the Notice and Decision with respect to the alleged
violations in this case and the assessment of fines, penalties and costs against Petitioner.
It is important to note the Mr. Poupart's Decision to assess penalties in the amount of
$9,523.87 was made without notice and an opportunity for Petitioner to be heard in
opposition to the "findings of fact" and "conclusions of law" set forth therein. Mr.
Poupart is the Supervisor of the Non -Discharge Compliance and Enforcement Unit
within the Division of Water Quality. He has no demonstrated knowledge or training as a
lawyer or judge in applying the law by making formal findings of fact and conclusions of
law. In turn, neither Mr. Poupart nor the Secretary have demonstrated any statutory basis
for delegating such broad and far-reaching powers to make decisions with regard to the
law and policy of this State in connection with environmental matters to the Supervisor of
the Non -Discharge Compliance and Enforcement Unit within the Division of Water
Quality. For these reasons, Mr. Poupart's Notice and Decision are in excess of his
authority and jurisdiction, as well as the authority and jurisdiction of DWQ and the
Secretary.
Additionally, Mr. Poupart's Decision finds and concludes as a matter of law that
Petitioner violated 15A NCAC.02B .0231(a)(1) and (b)(1) as a result of the "impacts to
wetlands from excavation, grading, and filling of wetlands in amounts which may cause
adverse impacts to existing wetland uses." See Exhibit 4. Two weeks later, however,
DWQ issued to Petitioner an After the Fact permit stating that the impacts noted by the
application:
". .. provides adequate assurances that the discharge of fill material into
wetlands of Rockfish Creek in conjunction with the proposed development
will not result in a violation of applicable Water Quality Standards and
discharge guidelines. Therefore, the State of North Carolina certifies that this
activity will not violate the applicable proportions [sic] of Section 301, 302,
303, 306, 307 of PL 92-500 and PL 95-214 if conducted with the applicable
and conditions [sic] hereinafter set forth."
The Notice and Decision have the affect of taking property from Petitioner
($9,523.87 in fines as well as over $33,000 in payments to the Wetlands Restoration
Fund) in the form of fines, a penalty, and costs, which substantially prejudices
Petitioner's rights for the reasons stated herein. Based on the above, Respondent has
exceeded its authority and jurisdiction, acted arbitrarily, capriciously and erroneously,
failed to use proper procedure, and failed to act as required by law or rule.
7

Conclusion
For the reasons set forth above, Petitioner requests that the Notice and Decision of
Mr. Poupart be dismissed in its entirety, and that any and all findings, conclusions of law,
decisions, and assessed penalties be deemed null, void and of no further force and effect.
Further, Petitioner requests that the After the Fact Permit Application previously
submitted, considered, and approved by DWQ also be deemed null and void, including
the requirement set forth therein for Petitioner to pay into the Wetland Restoration Fund,
and that the Woodland Hills project be deemed "exempt" from DWQ rules requiring an
application prior to impacting isolated wetlands and/or isolated waters within the State in
accordance with 15A NCAC.02H .1301(e)(6).
8

.,12 04 04:16p
SPRULDINGINORRIS, PA
•
• • • •
From JOHN F DFItHE & ri..130Cl1rts
(9191854-7925
Ptti
p . 4
5770 ROCKFISH ROAD. HOPE MILLS. NORTH CAROLINA 2834 8-999Ef•TELIVHONE (910 456 (910) 4244902
October 22, 2001
0 4t. L.L.P
Oscar Norris
P.0, Box 1249
Carolina Beach, NC 28428
• '-
Dear Sir;
www.townofitoriemili6.corn
.0
13
EXHIBIT
The 26.88 acre parcel of land presented and known at; ".1,Airway Vorest, Section 9", was
V.IMORT144303!.-.11Y-1110 liPpe Mals.Planning Board at their regular meeting on
October, 2001, The followipt are OK conditions of approval that MUM he complied
with prior to any, perinit i$soonee or subsequent development of the land.
1. The Fayetteville Public Works Commission (PWC) shall approve water and
3:iv!70015 Prior 10 all y nfiltopplication.
2. The Ntirth.Csrolina. Departntient of Transportation (NCDOT) must approve
theproposed 1;44)qt frourp.14ek's Bridge Road to thc eta -Ace into thc
qa.n.qen Drive,
3.
The11.140449;04.0e4.0,00ili,-orP0.rit012.Clhore04, must be subrnilled io
the'Plaiiii,i4.Diredter 0416 To.y.rn. of 1-lope Mills ,for review .and.appr,oval for
r#10#1-tebtto y prnItapJJI1dD,oii ThO.fili41,11111i,Pr.ipy:pprlio»
tOrndc Mte Rite of i;tiettr or
1444.b.calamItspunty.peiroo.the..#6 ofnny lot withi.njio.c.l4vcloprocnt. At
4itik:FiCiiiitgiiiiiireof, is piFs'etIted for review and
-1113.1041.04,041...915Pgiggit0.4,14kil.Pl1l?Pti1itPlc•*.r10401fOrluYnleIlt
iiiljeigtirifiledimioo.zfott.atksluni recreation fortbe.ilaloparient, or pan
thereof,-to-beterrOrded. .Thecaleuiated fee for the entire.develoPment is
payAble.to th& 1 wn of Hpe Mi lig.
4 b tflc1 pnorto t iflIipia ior review
anclipprovalierrecording.
5 Spocilit.loi addresses mnSt b; provided at the time of 'inning/building permit
application..
6. iii4iiv4)per must coordinate' with the Hope 4v1ill‘s .Public Works.Direclor
and Streets gupetvisor prior io and (hiring Street etinstniction to insure that
adequ'ilo'ditintigc is prtiVided.
Concrete Sidewalks, or other approver! m*ateriAl that is ADA compliant, are
;Wired to be installed on both sides of each street within the development.
All streetsquid.sidewalks within the develop:Man shall be dedicated for public
NC and the responsibility for maintenance of thew streets And sidewalks after
proper installation and dedication sl�lj bc the Town'::.

From : SOHN F DAVIS S. A5SDG1ATES
P02
h. All other permits, standards and requirements of the 'own oftlOpe 3%4111s.and
the State of Noah Carolina lnusl be sccurcd and complied willi, as they apply.
Roy Davis,TayJor, MCP
Planning Director
Town of Hopc Mills, NC
rdtaylor(town.hoj lnills,»c.us
cc: Larry 1vcraon, Public Works Director
James Helfer, Streets Supervisor
Jerry 'rompson, Building Inspector
John F. Davis & Associates, Professional Surveyors and Engineers
.. �,. ik4. ��•L .r Iti._ cif �.:}r�.. y" •••• ..e-r.:.. . •r ., .
`Approved
Pim
day of.
C14SEAo. 0f-
0pU11111 l tt.r/fh•
'„ Mills
f�4,,9 r411
t5t.�it���:

hare 10 04 06:25p SPAULDIMG&r'IORRIS, PA
(9 19) 854-7925 EXlill3l 1
a
ENR--ENVIRONMENTAL. MANAGEMENT COMMISSION T1SA: 0211.13i7T!
SECTION .1309— DISCHARGES TO ISOLATED WETLANDS ANI) ISOLATED WATERS
15A Newt' OEii .13a1 $COPE ANn PURPOSE
ta) 'I1te provisions cif this Rule shall apply to l)iv'isietn of Water Quality (1)ivisioft) regulatory and resource
management determinations regarding isolated wetlands and isolated classified surline waters. This Swim
shall only apply to dieu:barge': t'ex:uities, from cctivitier: that require state review alter the effective data or
this Rule and which rcquilt:. a Division determination concerning, effects on isolated wetlands and isolated
classified surface watery. For the purpose of this Rule, discharge shall he the deposition of dredged or till
material including but not limited to till. earth, construction debris and sail.
(h) These Rules outline the application and review procedures for permitting or discharges into isolated
wetland,: and isolated elassilied surface watery. lithe t1S Amy Corps or Engineers ur Natural Resources
Conservation Service: determine that a particular water is isolated and not regulated under Sectitn.401 nl'
the Clean water Act, then discharges to that water shall be covered by these Rules (15A NCAC 0211 .1301
- .I305). For the purpose of this Rule during field determinations made by the Division, isolated wetlands
are these waters which are inundated or saturated by an accumulation or surface or ground water at a
frequency arid durrttion SuCfleicnt to support. and under normal circumstances do huppu L. a prevalence or
vegetation typically adapted for life in saturated soil conditions and under normal circumstances have no
visible surface water cxmncetitrn to downstream waters of the state. Visible surface water Connection may
include but is not limited to a connection to other surface water via:
(11 continuous wetlands;
(2) intermittent or perennial streams; and
(3) ditches with intermittent or perennial flow. Isolated classified surface waters are those
which have been listed in I5A NCAC 02R .0300.
(c) Activities which result in a discharge may be authorised by the issuance urcithcr an Individual Permit
or a Certificate of Coverage to Operate under a General Permit;
(1) Individual Perueits arc iaiaued on a lat..c-(ty-case basis and the procedures outlined In the
following rules arc required for each Individual Permit. lltcac Individual Permits do not
require approval by the U.S. Rnvironmental Protection Agency.
(2) C ertilie.ates of ('.e,ver:egr. for General Permits may be issued (w specific type% or groups
of discharges resulting from activities that are similar in nature and considered to have
minimal impact. General Permits shall be given public notice at least 45 days before the
proposed effective date of the General Permit. These General Permits do not require
approval by the U.S. linvirnnmental Protection.Agaicy.
(3) Individual Permits and Certificates nr Coverage for General Permits shall be issued for
no more than five years after which time the Permit shall be void unless the discharge is
complete or an extension is granted ac described In 15A NCAC 02H . I304(e).
(d) Discharges resulting from activitim which receive an Individual. Pernut or Certificate of Coverage
under -a (',metal Permit pursuant to these pror:edurec shall not be considered to remove existing uses of the
4etigterl wetland or isolated solace waters or an extension is granted as described in iSA NCAC 0211
.1304(0.
(e) The following are exempt from this Rule;
(1) Activities that arc described in 1 SA NC:AC D213.0230:
(2) Discharges to isolated farm ur stock ponds or 'isolated Irrigation ditches constructed in
hydrie soil as long as the original surface elevation is re-established for those isolated
ponds and ditches;
(3) Discharges of treated eflluenl Into isolated wetlands and isolated classified Nurracc waters
resulting from activities which receive NPDES Permits.:
(4) Discharges for water dependent structures as defined in ISA.NCAC 0214 .0202(67);
(5) A. discl+arr;e resultinb From an activity if;
(Al The discharge resulting 0•orn an activity requires a 401 Certification and 404
Permit and these were issued prior In the effective; date or this Rule;
(13) The project required -,,a state permit, such as landfills. WPDES discharges or
treated effluent, Non-1)isc:barge permits, hind application of residuals and road
construction activities, that has begun construction or arc under contract to begin
construction and have received all required state; permits prior to the efTcctive
date: of this Itule:
NOR7'II (:AROLINA ADM INIS'IItA'I•IVF t'()DK
Effective October 22, 2001 Pace. I of 7

10 04 06:25p SPRULDING&NORRIS, PA
(9191854-7925 p.16
ENR-ENVIRONMENTAL MANAGEMENT COMMISSION T7SA: 02II.1300
((:) The project is being conducted by the N.C. Department of Transportation and
they ha c. completed 30% of the hydraulic design tine the project prior Iu the
etfcetivc date or this Ruts: ur.
4 (1)1 •1'hc applicant has been authorized for a discharge into isolated wetlands ur
isolattx1 twatcrs for a pnuject which has eiLahlishcd a Vested Right under North
(:arolin»nnind law pelor w the cI'fectivi date: orthic Rule.
Nistal y Nrrtc'
Authority G.S. 143-215.3(a)(i): 143-215 3(c), 143-215.40 (6);
f udificr determined that finding)• did not meet critcrr•in for temporary nde on September
26. 2001 and October 12. 2001;
T ntporaty Adoption E.(j; October 22. 2001.
i5A NCAC 02H .1302 APPLICATION PROCESS
(a) Application lur a Permit. Any person, as dctined in (i.S. 143. Article 21, desiring issuance of a State
Individual Permit or Certificate of Coverage under :i Cameral Permit for discharges resulting from activities
which :.ffcat ieplated cias»ificd surface waters «r aolatcd wetlandshall file with the Director or the North
Carolina Division of Water Quality (Director). an original and six conies nr an application for a Permit.
The application shall specify:
(I 1 the date ofapplicatinn;
(2) the name, address. and phone number of the properly owner;
(3) if the applicant is a corporation, the state in which it is domesticated, the name of its
principal officers, the name and address of the North Carolina process agency, and the
name of the individual who shall be primarily riiptlnsihle for the conduct of the
discharge resulting from an activity for which a Permit is sought;
(4) the nature of the discharge including cumulative impacts to isolated and non -isolated
wellandt and belated and non -isolated waters that eauae nr will cause a violation of
downstream water quality standards resulting from an activity to he conducted by the
applicant;
(5) whether the discharge has occurred or is rrnpnsed:
(6) the location and extent of the discharge, stating the applicable municipality, the county;
the drainage basin; the name or the nearest named surface waters: and the location of the
point of discharge with regard to the nearest named surface waters:
(7) description of the type of waste treatment facilities~ il'applicable;
(8) an application fee tt, required by G.S. 143-215.3D(c) with a check or money order to he
made payable to the North Carolina Division of Water Quality. if payment of a fee is
tuyuitt'd rui a d0l Water Quality CettiIi [ion, Olen that fen shall suftiee rur this Rule;
and
(9) the information requested in Subparagraphs (1) through (8) of this Rule must be provided
on or atracthe1 to rhemost current version of the. North Carolina Division of Water
Quality Isolated Wetlands Notification application form.
(h) Maps. '['here shall be attached to the application forma map(s) with scales and north an-ows and of
sufficient detail to accurately delineate the boundaries of the lands owned or to be utilized by the applicant
in carrying out the dischargc: the location. dimensions and type of any structures that affect isolated
wetlands or waters Ibr use in connection with the discharge; and the location and extent of the isolated
waters including wetlands within the boundaries or saki lands.
(c) Request For Additional information. The Director may request. in writing within 60 days of receipt of
an apptication and the applicant shall furnish, any additional iniiermation that may be thund necessary for
the proper consideration ol'the application. Incomplete applications will he returned to the applicant.
(d) Omi:;siona From Applications. if the applicant believer that it in not I'easit,lc or in unne*cear.c ry tr
Furnish any pnrtion of the information required by Paragraphs (a). (b) and (c) o('this Rule, applicant shall
submit a detailed statement explaining the reasons for omission of any such information. The final decision
regardine. omissions al'information shall be made by the Division of Water Quality.
(el Investigations. The start' ol'the Department, of Environment and Natural Resources (Department) shall
conduct such investigation as the Director deems necessary and applicant shall cooperate in the
investigation to the extent that it shall furnish necessary information. allow the staiTaccess to the lands and
facilities of the applicant and lend such assistance as shall be reasonable.
NOItt'Fi C'Ait[)I-INA ADM 1N1Sc'RA'I'IVR('01W
Effective October 22, 2001 Pace 2 or 7

.41
v
1181HX3 t69T !9$ OT6 XYd TO'4, 170k1Tt£0

toonoo
t69T t9? OT6 XV TO: lad tobtr

mar U UT Uo.c-r_r
aeAn I v.1
•;y,
It:::Pw
.a,,.,. a..,• �•�
i!-;,..,..;i ,.
amp
•
vow a, Rota Jr., Beort+taiy
1;euw;r1rrmera or Environment aria Natural Ragouraan
Alan W. Klimek, P.!.'Direeter
Ccletm+ H. Sullins, Dopisty Meow
Division of Water Ovelitv
Mr. R. Prank Thompson
O R & 11, L.L.P.
330 Collinwood Drive
Fayetteville, *2C 18303
SUBJECT; Assea,srnent of Civil Penalties
for Wetland: Standards
Woodland Hills Subdivision
Cumberland County
File No. SS-2003-0317
Dear Mr. Thompson:
February 11, 2004
CEKUEZDIMJL
B, IRNRECELDT RFOUE D,
'Die letter transmits notice of a civil penalty assessed a.gainet 0, R & P, L.L.F, in t11a utnwullt of
$9,523,89 which includes S523.87In investigative costs. Attacbed is a copy of the assessment
document explaining this penalty.
This acuon was taken under the authority vested in me by delegation provided by the Secretary
of the Department of Environment and Natural Resources and the Director of the Division of
Water Quality. Any continuing violatloa(s) may be the subject of at new enforcement action,
including an additional penalty.
Within t irEy dasy!i of receipt of this notice, you must do oo c of the following three items:
1. Submit payment of the penalty:
Payment should be made to the order of the Department of EI1,vironment
and Natural Resources. Payment of the penalty will not forecloses further
enforcement action for any continuing or new violation(s), Do not include
the attached waiver form if making payment.
Please send payment to the attention of:
Mr, Steve Lewis
DWQ
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
a isroMer Servfrae: Miffing Mdrraer TelsphotIa (91917s9-a:oss
1•a77-6Q3-G74S 1817 M&I Service O nler Fax [phone]
rltlelgh, Nord, Carolina Ilan-1 ett saw C uner si5a-01-o1
An Egli.' Qppotrunhy/Aff)rmarA a Acion Erliayer
$0% reopaled 110V pternrew Alpo
Lc�ClCr.;
512 N. 9idieeury Rt.
Raleigh, NC 27E199-1017'

Mar 10 04 06:22p SrHULvints&nurc+<.b, rh
1.7 J. J Gam•!'- rocs
rru:•r. ZAir4 DLL" _;•sL.
r•�
OR
2. Sulorii wrii n request for remission or mitigation including a
detailed justification for such retest:
agsest for remission or mitigation is limited to consideration of the reasonableness
of the armful'. of the penalty and is not the proper procedure for contesting the
accuracy of any of the statements contained in the assessment letter. Because a
remission request forecloses the option of an administrative hearing, such a request
must be accompanied by a waiver of your right to an administrative hearing and a
stipulation that them arc no factual or legal issues in dispute. You must execute and
return to this office the attache.d waiver form and & detailed statement which you
believe establishes whether:
(a) one or more of the civil penalty assessment factors in G.S. l 438-282. ] (b)
were wrongfully applied to the detriment of the petitioner;
(b) the violator promptly abated continuing environmental damage rcculting from
the violation:
(c) the violation was bladvertent or a result of an accident;
(d) the violator had been assessed civil penalties for any previous violations;
(e) payment of the civil penalty will prevent payment for site remaining necessary
remedial actions.
Please submit this information to the attention of:
Mr. Stove Lewis
DWQ .
1617 Mail Service Colter
Raleigh, North Carolina 276 J4• i 61 /
OR
3. Submit a written request for an administrative hearing:
If you wish to contest any portion of the civil penalty assessment, you must request an
administrative hearing. This request must be in the form of a written petition to the
Office ofAdministrative Hearings and must oontorm to Chapter 150E of the North
Carolina Gcnoral Statutes. You must file your original petition with the:
Office of Administrative Hearings
6714 Mall Service Center
Raleigh. North Carolina 27699-6714

Mar` 10 04 06:23p rn
AN»
Mai i or band -deliver a copy of the pctttion to:
And to:
Mr. Dan Oa 1 y
NCDENR
Office of General Counsel
1601 Mail Service Center
Raleigh. NC 27 699-1601
Mr. Steve Lewis
DWQ
1617 Mail Service Colter
Raleigh, North Carolina 27699-1617
Pasture to exercira one of the options above within thirty days, as evidenced by a date stamp (not
a postmark) indicating when we received your response, will result In this matter bairtg referred
to the Attorney General's Office with a moot to initiate a•civil action'to collect the penalty.
Please be advised that additional uses ments may be levied for &tire violations which occur
after the review period of this assessment.
If you have any questions. please contact Mr, Steve Lewis at [phone], ext. 539 or Ms.
Linda Fitzpatrick at [phone], ext. 52G.
Sincerely,
Jeffrey O. poupart, Supervisor
Non-Disebargc Caiupliaicc and Enforcement Unit
3OP/sc1
ATTACHMENTS
cc: Paul Rawls, Fayetteville Regional Supervisor w/ atta haaents
Ken Averitta, FRO w/ attachments
Danny Smith, 401/Wetlandss Unit
File « SS-2003-0317 w/ attachments
Central Files wJ attachments
Public Information Officer w/ attachments

Applet Frame http://ncrules.state.nc.us/ncadministrativ /titlel5aenviron...
SUB CRAFTER 2J- CIVIL PENALTIES
15A NCAC 02J 11101 PURPOSE AND SCOPE
These regulations provide the procedures and standards governing the assessment, remission, mitigation and appealofciwl
penalties by the Environmental Management Commission and its delegates.
History Note: Authority G.S. 143-215.3(a)(1);
go: February 1, 1976.
15A NCAC 02J A102 DEFINITIONS
The terms used herein shall be as defined in G.S. 143-213, G.S. 143-213.77, and as follows:
(1) "Commission" means the N.C. Environmental ManagementCommission;
(2) "Delegate" means any person to whom the Commission has delegated authority to act in its stead in
relation to civil penalties;
(3) "Director" me ens the Director, Division of Environmental Management; except with regard to dam safety
violations, it shall mean the Director, Division of Land Resources; and with regard to violations of41 CFR
61.19, 61.,145, 61.146, and 61.147 as adopted at 1SA NCAC 2D .0525(a)(1), it shell mean the Director of the
Division of Epidemiology; provided that the definitions of 40 CFR 61.02 and 61.141 shall apply to 40 CFR
61.19, 61.145, 61.146, and 61.147;
(4) "Respondent" means the pers on against whom a penalty has b e en assessed;
(3) "Waste", "Wastes" and "Other wastes" shall include, but shall not be limited to, medical wastes, refuse,
litter, bottles, cans, paper, rubbish, garbage, debris and plastic materials; and
(6) "Into waters of the state", "to the waters of the state", and "to the open waters of the Atlantic Oceanover
which the state has jurisdiction" shall include the act of discharging or placing wastes into or ontoweters
adjacent to waters of the state in suchproximity that the wastes are likely to, and sub sequen lydg enleethe
waters of the state.
History Note: Filed as a Temporary Amendment ES: September 9, 1988 for a Period of
180 Days to Expire on March 8, 1989;
Statutory Authority G.S. 143-212(6); 143-213(18); 143-214.2; 143-215.3(a)(I);
Eff February 1, 1976;
Amended 8, January 1, 1991; March 1, 1989.
15ANCAC 02JA103 WHO MAY ASSESS
Civil penalties may be asses se d by the Commission or by the Director, except for dam safety violations, which civilpenalties
may be assessed by the Commission or by the Director, Division of Land Resources, end except for violations of asbestos
demolition and renovation requirements of 40 CFR 61.145, 61.146, and 61.147, and the circumvention prohibition of 40 CFR
61.19 as it may relate thereto, as adopted in 15A NCAC 2D .0525(a)(1), which civil penalties may be assessed by the
Commission or by the Director, Division of Epidemiology.
History Note: Authority G.S. 87-94;143-215.3(a)(4); 143-215.6(A);;143-215.17(b);
143.21536(b); 143.215,88.4143-215.114(a);
Ey: February 1, 1976;
Amended Ejy. January 1, 1991; November 1, 1978; September 10, 1976.
15ANCAC 02J .104 WHEN ASSESSABLE
Civil penalties may b e assessed against any person for:
(1) water violations as prescribed in G.S. 143-215.6(a),
(2) oil violations as prescribed in G.S. 143-215.91(a),
1 of 1 9/23/2004 1:54 PM

ROY COOPER
ATTORNEY GENERAL
MEMORANDUM
TO:
Tom West
Mediator
Poyner & Spruill
State of North Carolina
Department of Justice
9001 Mail Service Center
RALEIGH, NORTH CAROLINA
27699-9001
FROM: Margaret P. Eagles
Assistant Attorney General
DATE: August 13, 2004
Reply to:
Margaret P. Eagles
Environmental Division
Tel: [phone]
Fax: [phone]
[e-mail]
RE: G, R & F, LLP v. NC Dept. of Environment and Natural Resources,
Division of Water Quality
This case involves the assessment of a civil penalty in the amount of $9,523.87, which
includes $523.87 in investigative costs for failure to secure authorization to fill in isolated
wetlands and for violations of wetland standards as contained in Chapter 15A, Sections 2B and
2H of the Administrative Code of N.C.
BACKGROUND
The subject property is known as the Woodland Hills Subdivision, and it is located along
Blacks Bridge Road (State Road 1115) in Cumberland County. The wetlands on the property
drain to the Rockfish Creek, which are Class B Waters of the State in the Cape Fear River Basin.
TIMELINE
1. 1997 G, R & F's predecessors purchased the property.
2, March 6, 1998 U.S. Army Corp of Engineers determined that 1.35 acres of
wetlands on the site were isolated wetlands and not under the
jurisdiction of Section 404 of the Clean Water Act.
3. September 1998 Predecessors received conditional use approval from Hope Mills
for construction of "Fairway Forest, Section 9". Such approval was
effective until September 2000.
4. October 1998 DENR issued permits for sanitary sewer service.

August 13, 2004
Page 2
5. July 1999
6. July 1999
7. Aug/Sept 2001
8. . October 8, 2001
9. October 22, 2001
10. February 2002
11. April2002
12. October 2002
13. November 2002
•14. November 8, 2002
15. December 20, 2002
16. February 11, 2003
17. February 20, 2003
18. April 22, 2003
19. August 14, 2003
DENR, LQS approved the erosion control plan for the Property.
Predecessors delayed actual construction of Fairway Forest,
Section 9 based on economic reasons.
Predecessors approached G, R & F about purchasing interest in
development.
Predecessors again received conditional approval from Hope Mills
Planning Board for construction of "Fairway Forest, Section 9". It
included eight conditions that were required to be satisfied prior to
any permit issuance or subsequent development of the land. Such
approval was effective until October 2003.
Temporary rules governing discharge into isolated wetlands or
isolated waters of this state went into effect as a temporary rule.
G, R & F purchased an interest and development rights to site.
Construction began.
The name of the project wag changed to Woodland Hills.
Construction on Phase I of Woodland Hills was completed,
including grading and filling work.
Petitioners recorded the Plat for Phase I of Woodland Hills.
According to Petitioner, all roads for entire subdivision were paved
prior to recording of the plat.
DWQ staff observed wetland impacts, including excavation,
grading and the installation of roads and single-family lots,
associated with the development of Woodland Hills Subdivision.
No 401 Water Quality Certification or Individual Permit or a
Certificate of Coverage to operate under a General Permit has
been issued for the impacts to wetlands that have occurred on
the tract.
A Notice of Violation was issued to G, R & F, LLC noting two
violations: Failure to secure a Permit to Discharge into Isolated
Wetlands and Waters (15A NCAC 2H.1301) and Violation of
Wetland Standards (15A NCAC 2B.0231(a)(1) and (b)(5)).
Paul Farley of Land Management Group (hired by G, R & F) sent
a letter to the Fayetteville Regional Office asking to meet with
staff to seek a resolution.
G, R & F, LLC submitted an "after -the -fact" Pre -Construction
Notification (PCN) application for 1.377 acres of isolated wetland
fill.
DWQ staff observed wetland impacts, including excavation,
grading and the installation of roads and single-family lots,
associated with the development of Woodland Hills Subdivision.
Development was continuing in the wetlands prior to the issuance
of the after -the -fact permit.

August 13, 2004
Page 3
20. February 10, 2004
21. February 29, 2004
22. March 15, 2004
The Supervisor of the Non -Discharge Compliance and
Enforcement Unit issued a civil penalty in the amount of $9000
plus $523.87 in enforcement costs against G, R & F, LLC for
Failure to secure a Permit to Discharge into Isolated Wetlands and
Waters (15A NCAC 2H.1301) and Violation of Wetland Standards
(15A NCAC 2B.0231(b)(1) and (5)).
DWQ issued Isolated Wetland Permit Number 12 to G, R & F,
LLC for the Woodland Hills subdivision, which contained seven
conditions.
G, R & F filed a contested case petition with OAH.
POSITION SUMMARY
• This matter involves the assessment of civil penalties against Petitioner for violations of
N.C. Gen. Stat. § 143-215.1 and rules promulgated thereunder in the amount of nine thousand
five hundred twenty-three dollars and eighty-seven cents ($9,523.87) on February 11, 2004.
CIVIL PENALTY ASSESSMENT
Respondent contends that Petitioner violated Article 21 of Chapter 143 of the North
Carolina General Statutes concerning water and air resources and the rules promulgated
thereunder, specifically 143-215.1(a)(6), 15A NCAC 2H.1301 and 15A NCAC 2B.0231(a)(1)
and (b)(5). Petitioner violated this statute and rules by filling wetlands without first applying for
and securing the issuance of an Individual Permit or a Certificate of Coverage to operate under a
General Permit and by causing the impact to wetlands from excavation, grading, and filling of
wetlands which may cause adverse impacts on existing wetland usage.
When determining the amount of the civil penalty, the Supervisor of the Non -Discharge
Compliance and Enforcement Unit looked at the following eight factors, as required by
N.C. Gen. Stat. § 143B-282.1 (2004):
(1) The degree and extent of harm to the natural resources of the State, to the
public health, or to private property resulting from the violation;
(2) The duration and gravity of the violation;
(3) The effect on ground or surface water quantity or quality or on air quality;
(4) The cost of rectifying the damage;
(5) The amount of money saved by noncompliance;
(6) Whether the violation was committed willfully or intentionally;
(7) The prior record of the violator in complying or failing to comply with
programs over which the Environmental Management Commission has regulatory
authority; and
(8) The cost to the State of the enforcement procedures.
The Petitioners destroyed over an acre of wetlands, which removed the benefits of their

August 13, 2004
Page 4
uses for almost a year's time. 15A N.C.A.C. 2B.0231(b)(1) states that in order to assure the
maintenance ofthe existing uses of wetlands, "(1) Liquids, fill or other solids or dissolved gases
may not be present in amounts which may cause adverse impacts on existing wetland uses." One
use that was removed from this site was storm and flood water storage and retention and the
moderation of extreme water level fluctuations. The damage done by the Petitioners cannot be
rectified. Petitioners saved a significant amount of money through non-compliance, because
retention of the wetland area in its original state would have caused the loss of several lots.
There were also issues concerning off -site erosion and sedimentation, as well as stormwater
control problems. The loss of water storage, which was one of the wetland functions impacted,
resulted in significant flooding and off site sedimentation to adjacentproperties after a large rain.
DWO has requested a stormwater management plan to be submitted by G, R & F, LLC.
Furthermore, Petitioners continued to impact the wetlands prior to receiving their permit.
On August 14, 2003, DWQ staff observed that not only had fill been added into the wetlands, but
a house had been partially constructed, and a road, lots and utilities had all been constructed
within the wetlands.
On February 29, 2004; DWQ issued Isolated Wetland Permit Number 12 to G, R & F,
LLC for the Woodland Hills subdivision, which contained seven conditions. The sixth condition
stated "Issues related to previous non-compliance with the Isolated Wetland rules shall be
addressed through the Division's Fayetteville Regional Office and are separate from this
approval." The issuance of the civil penalty addresses the non-compliance prior to the issuance
of the after the fact permit.
VESTED RIGHTS
Petitioner contends that they are exempt for the requirements of 15A NCAC 2H.1301
because they have vested rights, as detailed in 15A NCAC 2H.1301(e)(5)(D). On October 22,
2001, the temporary rules governing discharge into isolated wetlands or isolated waters of this
state went into effect, and the permanent rules were not passed until April 1, 2003. Therefore,
based on the time frame, the temporary rules would govern this situation. The pertinent portion
of the temporary rule states:
(e) The following are exempt from this Section:
(5) A discharge resulting from an activity if:
(D) The applicant has been authorized for a
discharge into isolated wetlands or isolated waters
for a project which has established a Vested Right
under North Carolina zoning law prior to the
effective date of this Rule.
15A NCAC 2H.1301(e)(5)(D). Petitioners contend that they qualify for the vested right's
exemption and were not required to obtain an Individual Permit or a Certificate of Coverage to

August 13, 2004
Page 5
operate under a General Permit, as required by 15A NCAC 2H.1301.
North Carolina zoning law in part states. that:
A vested right shall be deemed established with respect to any property upon
the valid approval, or conditional approval, of a site specific development
plan or a phased development plan, following notice and public hearing by
the city with jurisdiction over the property. Such vested right shall confer upon
the landowner the right to undertake and complete the development and use of
said property under the terms and conditions of the site specific development plan
or the phased development plan including any amendments thereto. A city may
approve a site specific development plan or a phased development plan upon such
terms and conditions as may reasonably be necessary to protect the public health,
safety, and welfare. Such conditional approval shall result in a vested right,
although failure to abide by such terms and conditions will result in a forfeiture of
vested rights. A city shall not require a landowner to waive his vested rights as a
condition of developmental approval. A site specific development plan or a phase
development plan shall be deemed approved upon the effective date of the city's
action or ordinance relating thereto.
N.C. Gen. Stat. § 160A-3:85.1 (c) (2004). Within the definition of"Site specific development
plan," the statute also states that:
(5) "Site specific development plan" means a plan which has been submitted to a
city by a landowner describing with reasonable certainty the type and intensity of
use for a specific parcel or parcels of property. Such plan may be in the form of,
but not be limited to, any of the following plans or approvals: A planned unit
development plan, a subdivision plat, a preliminary or general development plan,
a conditional or special use permit, a conditional or special use district zoning
plan, or any other land -use approval designation as may be utilized by a city.
Unless otherwise expressly provided by the city, such a plan shall include the
approximate boundaries of the site; significant topographical and other natural
features effecting development of the site; the approximate location on the site of
the proposed buildings, structures, and other improvements; the approximate
dimensions, including height, of the proposed buildings and other structures; and
the approximate location of all existing and proposed infrastructure on the site,
including water, sewer, roads, and pedestrian walkways. What constitutes a site
specific development plan under this section that would trigger a vested right
shall be finally determined by the city pursuant to an ordinance, and the
document that triggers such vesting shall be so identified at the time of its
approval.
N.C. Gen. Stat. § 160A-385.1(b)(5) (2004).

August 13, 2004
Page 6
The Town of Holly Mills zoning ordinance complies with the requirements detailed in
N.C. Gen. Stat. § 160A-385.1(b)(5) (2004). Article XIII, Sec. 102-413(a) of the Town of Hope
Mills ordinance states that:
A zoning vested right shall be deemed established upon the valid approval, or
conditional approval, by the board of commissioners or board of adjustment, as
applicable, of a site specific development plan, following notice and public
hearing.
Town of Hope Mills, Article XIII, Sec. 102-413(a).
Petitioners have provided to the State a copy of a letter from Hope Mills Planning Board
dated October 22, 2001. Within that letter, the Hope Mills Planning Board approved
conditionally construction of "Fairway Forest, Section 9" on October 8, 2001. It included eight
conditions that were required to be satisfied prior to any permit issuance or subsequent
development of the land. Such approval was effective until October 2003. However, there is no
information when the Town's Board of Commissioners or Board of Adjustment approved the
plan. Also, there is no information that there was the necessary notice and public hearing.
Therefore, we do not feel that Petitioners have qualified for a vested right, and therefore, an
exemption from the Rule.
In order to continue a discussion with regards to vested rights, Petitioners would have to
provide to the State sufficient written documentation establishing that the Board of
Commissioners approved the conditional permit, and the notice and public hearing requirements
were satisfied, prior to the implementation of the Temporary Rules.
If Petitioner decides to pursue a common law vested right from the temporary rule, they
must satisfy the following common law vested rights criteria:
Substantial expenditures or contractual obligations incidental to the
project incurred prior to the change in the law;
Expenditures or obligations incurred in good faith;
Expenditures or obligations made in reasonable reliance upon
governmental permits or approvals; and,
Detriment as a result of the amendment to the law.
Browning -Ferris Industries v. Guilford County Board of Adjustment, 126 N.C. App. 168, 484
S.E.2d 411 (1997). In dealing with a vested right from complying with wetlands uses and water
quality standards, the governmental permits or approval relied upon would have to have
addressed water quality issues.

10 04 06:24p
SPRut-J]ING&NORRIS, PR 1919J 854-7925
February 29, 2004
G R&R. LLC
Attn: Chuck Gore
P.Q. Rcx 41g34
Fayetteville, NC 28309
Dear Mr. Gore:
RE: Isolated Wetland Permit
Woodland Hills subdivision
WQC .Project # 03-0498
Cumberland County
Mir.
William,G. Rnss Jr., S,
North Carolina L)epartmenl o[ Enviranrnnul and Naulral knsn.
Alan W. Klimek, P.Y'.., 1]iscc4
k?iviaiun u( Water QualRy
•
i;
): BAR W 2ao
l
Attached hereto is a copy of isolates for the Woodland
Hills subdivision project dated February 29,
If we can be of further assistance, p
Attachments
2,c,;\6;\-
CC: Fayetteville DWQ Regional
File copy
Central files
Scott Mitchell; Spaulding an
Paul Farley; Land Managerr,,..,, _
Ron Ferrell; Ecosystem Enhancement Program
1402
N Warnr r}naiily, 441 WWed:nrds Cflailien110n Unit.
11550lvinrl'Service ('cnier, Raleigh. NC. 27691.1450 Nailing Addre. )
27111 (•r.thi roe Rlv,! `[ta birth N(' 276nit.]lfin (1 Ale:11Le41

(9191854-7925 p.13
10 04 06:24p SPAULDING&NORRIS, PA
?Aloha el F. Easley. Govamor
' `NAr William G. FloJr., Secretary
ate --/„a
North Carolina Department of Environment and Natural Resources
� T Gregory J. Thorpe, Ph.D
�]� Acting oiroclor
Nz Division of Water Quality
North Carolina Isolated Wetland Permit Number 12
This Permit is issued in conformity with the requirements of the North Carolina Division of Water Quality
(DWQ) Regulations in 15 NCAC 2H, Section 0.1300. It is issued to Chuck Gore, UR&LLC resulting in
1.38 acres of wetland impact in Cumberland County pursuant to an application filled April 22, 2003 with
final stormwater revision dated February 20, 2004 to construct the Woodland Hills subdivision at Blacks
Bridge Road (SR 1115) near the Rockfish Creek crossing.
The application provides adequate assurance that the discharge of fill material into wetlands in the
watershed of Rockfish Creek in conjunction with the proposed development will not result in a violation
of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina
certifies that this activity will not violate the applicable proportions of Section 301, 302, 303, 306, 307 of
PL 92-500 and PL 95-214 if conducted with the applicable and conditions hereinafter set forth.
This approval is only valid for the purpose and ciesigil lhat you submitted in your application, as
described in application dated April 22, 2003 with final stormwater revision dated February 20, 2004. If
you change your project, you must notify us and send a new application for a new Permit. !f the
property is sold, the new owner must be given a copy of this Permit and approval letter and is thereby
responsible for complying with all conditions. For this approval to be valid, you must follow the
conditions listed below. 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.
Condition(s) of Permit
1. Appropriate sediment and erosion control practices must he l rlilieed, which equal nr exceed
those outlined in the most recent version of two manuals, either "North Carolina Sediment and
Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual"
(available from the Division of Land Resourcca in the DEI-INR Regional or Central Offices). The
control practices shall be utilized to prevent exceedances of the appropriate turbidity water
quality standards (50 NTUs in all fresh water streams and rivers not designated as trout waters;
25 NTUs in all lakes and reservuirs, dII saltwater classes; and 1'0 NTUs in trout waters);
2. All temporary sediment and erosion control measures placed in wetlands or waters shall be
removed andnatural grade restored after the Division of Land Resources has released the
project;
3. Measures shall be taken to prevent live or fresh concrete from coming into contact with waters
of the state until the concrete had hardened;
4. An additional condition is that the final written stormwater management plan dated February 20,
2004 shall be constructed as submitted and maintained in perpetuity as agreed in the plan
5. Compensatory mitigation for this project shall be done as agreed using the Ecosystem
Enhancement Program (the successor to the N.C. Wetlands Restoration Program) for 2.76
acres of non -riparian wetlands.
6. Issues rolatcd to previous non-compliance with the Isolated Wetland rules shall be addressed
through the Division's Fayetteville Regional Office and are separate from this approval.
7. Upon completion of this project, the applicant shall complete and return the enclosed "Permit of
Completion Form" to notify DWQ that all work included in the Wetland Permit has been
completed. The responsible party shall complete the attached form and return it to the
401/Wetland Unit of the Division of Water Quality.
. w.n u_., a .... ....
emee,h Kin 2769i1. 1 Cisu Ph. r11191 733.7015 rak: (91 g) 733-C8 3 (;lislOrrler Service

10 04 06:24p SPAULDINGI.NORRIS, PA
[phone] p.14
. O�-,NA4'
(f �.
v;
r_ �r
Miahaal F. Easley, Governor
William G. Ross Jr.. Secretary
fJonh Carolina Department of Environment end Natural Resour.es
Grogoiy J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
North Carolina Divisiun of Water Quality
Isolated Wetland Permit
Summary of Permitted impacts and Mitigation Requirements
In accordance with 15A NCAC 21-1.1300, Chuck Gore, GR&R, LLC has permission as outlined below to impact 1.38 acres of
wetlands for the purpose(s) of constructing the proposed Woodlands Hills subdivision near Hope Mills in Cumberland County. All
activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal
letter. THIS PERMIT IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS WETLANDS RFSTORAT1ON PROGRAM
LOCATION: Blacks Bridge Road (SR 1115) near Rockfish Creak
COUNTY Cumberland
BASIN/ SUB BASIN 030615
As required by i 5A NCAC 2H.1300, and the conditions of this Permit, you are required to compensate for the above impacts
through the restoration, creation, enhancement or preservation of wetlands and surface waters as outlined below prior to conducting
any activities that impact or degrade the waters or the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one -quarter
acre increments according to 15 2R.0503(b).
2.76
.Acres of Class WLwetlands
Acres of riparian wetland
Acres of non- riparian wetlands
Acres of Class SWL wetlands
Linear feet of stream buffers
Other
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to
the Wetlands Restoration Fund NGAC 2R.0503. If you choose this option. pleasc sign this form and mail to the Ecosystem
Enhancement Program at the address below. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU
RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYSTEM ENHANCEMENT PROGRAM.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM
Department of Environment and Natural Resources
1619 Mail Service Center
Raleigh, NC 27669-1619
[phone]
r
Dt K
Colmar Servir.e
nnn n2A-T7ss
WetiWn SMOI Uieit
650 Mail Servico Center
Aalclgli. NC 2759:;1.1i1So Ph: 019, 7:43-7t1b Fax: (919) 7:i3•61i93

Man 10 04 06:25p SPRULDIMG&NORRIS, PR
t 919 J 854-7925, EXHIBIT
§ 1.60A-385.1. Vested rights.
(a) The General Assembly finds and declares that it is necessary and desirable. as
a matter of public policy, to provide for the establishment of certain vested rights in order
to ensure reasonable certainty, stability, and fairness in the Iand-use planning process,
secure the reasonable expectatiuns of landowners, and luster cooperation between the
public and private sectors in the area of land -use planning. Furthermore, the General
Assembly recognizes that city approval of land -use development typically follows
significant landowner investment in site evaluation, planning, development costs,
consultant fees, and related expenses.
The ability of a landowner to obtain a vested right after city approval of a site specific
development plan or a phased development plan will preserve the prerogatives and
authority of local elected officials with respect to Iand-use matters. There will be ample
opportunities for public participation and the public interest will be served. These
provisions will strike an appropriate balance between private expectations and the public
interest, while scrupulously protecting the public health, safety, and welfare.
(b) Definitions.
(l) "Landowner" means any owner of a legal or equitable interest in real
property, including the heirs, devisees, successors. assigns, and personal
representative of such owner. The landowner may allow a person
holding a valid option to purchase to act as his agent or representative
for purposes of submitting a proposed site specific development plan or
a phased development plan under this section, in the manner allowed by
ordinance.
(2) "City" shall have the same meaning as set forth in G.S. 1 b0A- l (2).
(3) "Phosed development plan" means a plan which has hen submitted to a
city by a landowner for phased development which shows the type and
intensity of use for a specific parcel or parcels with a lesser degree of
certainty than the plan determined by the city to be a site specific
development plan.
(4) "Property" means all real property subject to zoning regulations and
restrictions and zone boundaries by a city.
(5) "Site specific development plan" means a plan which has been
submitted to a city by a landowner describing with reasonable certainty
the type and intensity of use for a specific parcel or parcels of property.
Such plan may be in the form of, hut not be limited to, any of the
following plans or approvals: A planned unit development plan, a
subdivision plat, a preliminary or general development plan, a
cpnd tional or spsial use permit, a conditional or special use district
zoning plan, or any othcr land -use approval designation as may be
utilized by a city. Unless otherwise expressly provided by the city, such
a plan shall include the approximate boundaries orhe site; significant
topographical and other natural features effecting development of the
ite; the approximate location on the site of the proposed buildinis,
(i.S. INUa-J b.1 Page

Mar 10 04 06:26p SPRULDEN0 10RRIS, PP
(919J854-7925 p.18
structures, and other improvements; the approximate dimensions,
including height, ol'the proposed buildings and other structures: and the
approximate location of all existing and proposed infrastructure on the
site, including water, Sewer. roads, and pedestrian walkways. What
constitutes a site specific development plan uzidcr this section that
would trigger a vested right shall be finally determined by the city
pursuant to an ordinance, and the document that triggers such vesting
shall be so identified at the time of its approval. However, at a
minimum, the ordinance to be adopted by the city shall designate a
vesting point earlier than the issuance of a building perniit. A variance
shall not constitute a site specific development plan, and approval of a
site specific development plan with the condition that a variance be
obtained shall not confer a vested right unless and until the necessary
variance is obtained. Neither a sketch plan nor any other document
which fails to describe with reasonable certainty the type and intensity
of use for a specified parcel or parcels of property may constitute a site
specific development plan.
(6) "Vested right" means the right to undertake and complete the
development and use of property under the terms and conditions of an
approved site specific development plan or an approved phased
jk. development plan.
(c) Establishment of vested right.
A vested right shall be deemed established with respect to any property upon the valid
approval, or conditional approval, of a site specific development plan or a phased
development plan, following notice and public hearing by the city with jurisdiction over
the properly. Such vested right shall confer upon tlae landowner the right to undertake
and complete the development and use of said property under the terns and conditions of
the site specific development plan or the phased development plan including any
amendments thereto. A city may approve a site specific development plan or a phased
development plan upon such terms and conditions as may reasonably be necessary to
protect the public health, safety, and welfare. Such conditional approval shall result in a
vested right, although failure to abide by such terms and conditions will result in a
forfeiture of vested rights. A city shall nut require It landowner to waive his vested rights
as a condition of developmental approval. A site specific development plan or a phase
development plan shall be deemed approved upon the effective date of the city's action or
ordinance relating thereto.
(d) Duration and termination of vested right.
(1) A right which has been vested as provided for in this section shall
remain vested for a period of two years. This vesting shall not be
extended by any amendments or modifications to a site specific
development plan unless expressly provided by the city.
(2) Notwithstanding the provisions of subsection (d)(1), a city may provide
that rights shall be vested for a period exceeding, two years but not
G.S. 160a-385.1 Page 2

Mar~ 10 04 08:2Sp SPRULDINGINORRIS, PR
(91S1854-7825 P•i�
(e)
exceeding five years where warranted in light of all relevant
circumstances, including, but not limited to. the size and phasing of
development, the level of investment, the need for the development,
economic cycles, and market conditions. These deterrninatians shall be
in the sound discrctien of the city.
(3) Notwithstanding the provisions of (d)(1) and (d)(2), the city may
provide by ordinance that approval by a city of a phased development
plan shall vest the zoning classification or classifications so approved
for a period not to exceed five years, The document that triggers such
vesting shall be so identified at the time of its approval. The city still
may require the landowner to submit a site specific development plan
for approval by the city with. respect to each phase or phases in order to
obtain • final approval to develop within the restrictions of the vested
zoning classification or classifications, Nothing in this section shall be
construed to require a city to adopt an ordinance proviciing for vesting
of rights upon approval of a phased development plan.
(4) Following approval or conditional approval of a site specific
development plan or a phased development plan, nothing in this section
shall exempt such a plan from subsequent reviews and approvals by the
city to ensure compliance with ibe terms and conditions of the original
approval, provided that such reviews and approvals are not inconsistent
with said original approval. Nothing in this section shall prohibit the
city from revoking the original approval for failure to comply with
applicable terms and conditions of the approval or the zoning ordinance.
(5) Upon issuance of a building permit, the provisions of G.S. 160A-41S
and G.S. 160A-422 shall apply, except that a permit shall not expire or
be revoked because of the running of time while a vested right under
this section is outstanding.
(6) A right which has been vested as provided in this section shall terminate
at the end of the applicable vesting period with respect to buildings and
uses for which no valid building permit applications have been filed.
Subsequent changes prohibited; exceptions.
(1) A ve3ted rigbt, once established as provided for in this Section,
precludes any zoning action by a city which would change, alter, impair,
prevent, diminish, or otherwise delay the development or use of the
property as set forth in an approved site specific development plan or an
approved phased development plan, except:
a. With the written consent of the affected landowner;
b. Upon findings, by ordinance after notice and a public hearing,
that natural or man-made hazards on or in the immediate vicinity
of the property, if uncorrected, would pose a serious threat to the
public health, safety, and welfare if the project were to proceed
(i.S. 160a-3S5. l Page 3

Mar 10 04 06:27p SPRULDING&NORRIS, PR
(91S)854-7925 p.20
as contemplated in the site specific development plan or the
phased development plan;
c. To the extent that the affected landowner receives compensation
for all costs, expenses, and other losses incurred by the
landowner, including, but not limited to, all fees paid in
consideration of financing, and all architectural, planning,
marketing, legal, and other consultant's fees incurred after
approval by the city, together with interest thereon at the legal
rate until paid. Compensation shall not include any diminution in
the value of the property which is caused by such action;
d. Upon findings, by ordinance after notice and a hearing, that the
landowner or his representative intentionally supplied inaccurate
information or made material misrepresentations which made a
difference in the approval by the city of the site specific
development plan or the phased development plan; or
e. Upon the enactment or promulgation of a State or federal law or
regulation which precludes development as contemplated in the
site specific development plan or the phased development plan,
in which case the city may modify the affected provisions, upon
a finding that the change in State or federal law has a
fundamental effect on the plan, by ordinance after notice and a
hearing.
(2) The establishment of a vested right shall not preclude the application of
overlay zoning which imposes additional requirements' but does not
affect the allowable type or intensity of use, or ordinances or regulations
which arc general in nature and are applicable to all property subject to
land -use regulation by a city, including, but not limited to, building, fire,
plumbing, electrical, and mechanical codes. Otherwise applicable new
regulations shall become effective with respect to property which is
subject to a site specific 'development plan or a phased development
plan upon the expiration or termination of the vesting rights period
provided for in this section.
(3) Notwithstanding any provision of this section, the establishment of a
vested rigbt shall not preclude, change or impair the authority of a city
to adopt and enforce zoning ordinance provisions governing
nonconforming situations or uses.
Miscellaneous provisions.
(1) A vested right obtained under this section is not a personal right, but
shall attach to and run with the applicable property.. After approval of a
site specific development plan or a phased development plan, all
successors to the original landowner shall be entitled to exercise such
rights.
G.S. 160a-385.1 rage 4

Mir 10 04 06:27p
SPAULDING&N0RRIS, PA
(S191854-7925 p.21
(2) Nothing in this section shall preclude judicial determination, based on
common law principles or other statutory provisions, that a vested right
exists in a particular case or that a compensable taking has occurred.
Except as expressly provided in this section, nothing in this section shall
be construed to alter the existing continua law.
(3) In the event a city fails to adopt an ordinance setting forth what
constitutes a site specific development plan triggering a vested right, a
landowner may establish a vested right with respect to property upon the
approval of a zoning permit, or otherwise may seek appropriate relief
from the Superior Court Division of the Gcncral Court of Justice. (1989
(Reg. Sess., 1990), c. 996, s. 2.)
(;.S. 160a-385.I Page 5

22 074 5039
State of North Carolina
Department of the Secretary of State
APPLICATION FOR REGISTRATION
Registered Limited Liability Partnership
SOS1D: 624289
Date Filed: 3/18/2002 11:47 AM
Elaine F. Marshall
North Carolina Secretary of State
co- S67 - 6 67
Pursuant to §59-84.2 of the General Statutes of North Carolina, the undersigned hereby submits this application for
registration as a Registered Limited Liability Partnership.
1. The name of the partnership is: G,R & F, L.L.P.
(The name must contain the words "Registered Limited Liability Partnership," "Limited Liability Partnership, or
the abbreviation "L.L.P.," "R.L.L.P.," "LLP," or "RLLP".)
2. The street address of the partnership's principal office is:
Number and Street 330 Col l inwood Drive
City, State, Zip' Code Fayetteville, NC 28303 County Cumberland
The mailing address, if different from the street address, of the partnership's principal office is: N/A
3. The name of the initial registered agent is: R. Frank Thompson
4. The street address and county of the initial registered office of the limited liability partnership is:
Number and Street 330 Cal inwood Dri ve
City, State, Zip Code Fayetteville, NC 28303 County Cumberl and
5. The mailing address, if different from the street address, of the initial registered office is:
N/A
6. The fiscal year end of the partnership December 31
7. This registration will be effective upon filing, unless a date and/or time is specified:
This the 7th day of March , 20 0?
NOTES:
Filing fee is $125. This document must he riled with the Secretary of State,
CORPORATIONS DIVISION P.O.BOX 29622
(RevisedJanuary, 2002)
Sigrfature
Robert D. Thompson, President of
Thompson Builders; Inc. Partner
Type or Print Name and Title
RALEIGSi,NC 27626-06222
Farrar LLP-01

NORTH CAROLINA DIVISION OF WATER QUALITY
Violator: G, R & F, L.L.P.
County: Cumberland Case Number: SS-2003-03 17
Permit Number: NIA
ASSESSMENT FACTORS
1) The degree and extent of harm to the natural resources of the State, to the public health, or
to private property resulting from the violation;
Over one rcre of Wetla,J eiesrro ei
2) The duration and gravity of the violation;
4i- PIi e yer
3) The effect on ground or surface water quantity or quality or on air quality;
U/C1-474415 4ft, r parr; rr lett,5/5 `fin 494)!I1'1 4 c
4) The cost of rectifying the damage;
OVA dr, otm d k re th J
5) The amount of money saved by noncompliance;
ASS of 0-4 hie 1045- .51) 4,1j -047-
6) Whether the violation was committed willfully or intentionally;
4,/Gr e r Q�
7) The prior record of the violator in complying or failing to comply with programs over
which the Environmental Management Commission kasregulatory authority; andebilTj
8) The cost to the State of the enforcement procedures.
Noy 511r14ffic.m-)—
/o 4pq
Date
rey O. Poupart
REMISSION FACTORS
Whether one or more of the civil penalty assessment factors were wrongly applied to the
detriment of the petitioner;
Whether the violator promptly abated continuing environmental damage resulting from
the violation;
Whether the violation was inadvertent or a result of an accident;
Whether the violator had been assessed civil penalties for any previous violations; and
Whether payment of the civil penalty will prevent payment for the remaining necessary
remedial actions.
Alan W. Klimek, P.E.