20051672 Ver 1_General Correspondence_20050826

LAW OFFICES OF
MCCOY WEAVER WIGGINS CLEVELAND ROSE RAY PLLC
POST OFFICE BOX 87009
RICHARD M. WIGGINS FAYETTEVILLE• NORTH CAROLINA 28304-7009
ALFRED E. CLEVELAND
ROBERT G. RAY
202 FAIRWAY DRIVE
STEVEN J. O'GONNOR
ANNE MAYO EVANS FAYETTEVILLE, NORTH CAROLINA 28305
~TEFF DUNHAM
JIM WADE GOODMAN
R. WILLIFORD MCGAULEY August 26, 2005
cTAMES A. MCLEAN. III
Ms. Lillette Granade
US Army Corps of Engineers
Wilmington Regulatory Field Office
69 Darlington Ave.
Wilmington, NC 28403
L. STACY WEAVER, JR.
OF COUNSEL
DONALD W MCCOY
(1919-1995)
CHARLES G. RosE, JR.
(1912-1998)
TELEPHONE [phone]
FACSIMILE 910-483-0094
20051672
Re: Action ID 200500470 (McKnight)
Action ID 2005004 (Wheeler) 2 0 0 5 1 7 3
Dear Mrs. Granade:
Pursuant to the meeting held in your office on May 19, 2005 in which we
discussed the unauthorized discharge of fill into wetlands on lots adjacent to Buckhead
Creek I am enclosing applications for those property owners for an After the Fact
Individual Permit which would authorize these property owners to keep the unauthorized
fill. I am also enclosing a copy of a letter from Dr. Jay Carter who assisted in the
preparation of these applications.
The favorable review of your office for these applications would be most
appreciated.
Yours very truly,
f ~ F~
r
Richard M. Wiggins
RMW:mcp
Enclosures
Cc: Cyndi Karoly
NC Division of Water Quality
Q~~~oe~~
AUG 3 n 2005
DENf~ • WATEf~ GtUALtTY
VYETLAND3 AND 3TORMWATER BRANCH

~~
DR. J.H. CARTER III & ASSOCIATES, INC.
Environmental Consultants
S15F Midland Road • Southern Pines, N.C. 28388
[phone] • Fax [phone]
j carter@j hcarterinc. com
16 August 2005
Ms. Lillette Granade
Physical Scientist
Wilmington Regulatory Field Office
U.S. Army Corps of Engineers
P.O. Box 1890
Wilmington, N.C. 28402-1890
Action ID 200500470 (McKnight)
Action ID 2005004 (Wheeler)
Dear Lillette:
Enclosed are the Individual Permit applications for the McKnight and Wheeler lots in the
Buckhead Subdivision in Fayetteville, Cumberland County, N.C. We ask that the Corps review these
applications favorably for the following reasons.
1) The amounts of unpermitted fill are very small (1568 sq. ft.- McKnight) and 2352 sq. ft.-
Wheeler.
2) Though the fill amounts are small, the resulting backyards are critical to the functionality of
these sites as family residences. For instance, Dr. Wheeler would not have purchased Lot 206
without a backyard that could be used by his family.
3) Removal of the small amounts of fill would have minimal positive effects on the environment,
while allowing normal floodwaters from Buckhead Creek to come within a few feet of the
residences, thereby creating health and safety concerns, particularly for children living at or
visiting the residences.
4) The McKnights and Wheelers were not responsible for the unpermitted fill.
5) Nevertheless, both parties are willing to consider reasonable mitigation for leaving the fill in
place.
Thank you for your consideration.
Endangered Species Surveys • Environmental Assessments • Land Management • Wetlands Mapping and Permitting

,~.
Sincerely,
Cc: Katherine McKnight
Dr. Bruce Wheeler
R.M. Wiggins, Esq.
Dr. J.H. Carter III
Environmental Consultant
Endangered Species Surveys • Environmental Assessments • Land Management • Wetlands Mapping and Permitting