20051672 Ver 1_Other Agency Correspondence_20071119

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DEPARTMENT OF THE ARMY ~ /
~~~°~~~~ WILMINGTON DISPO BOX 890S OF ENGINEER tad ~
~ WILMINGTON NC 28402-1890
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November 7, 2007
Regulatory Division
Action ID Nos. 200500470 and 200500471
Mr. and Mrs. Bruce and Tammy Wheeler
4431 Ferncreek Drive
Fayetteville, North Carolina 28314
Mr. and Mrs. Terry and Catherine McKnight
4427 Ferncreek Drive
Fayetteville, North Carolina 28314
Dear Ladies and Gentlemen:
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Please reference your August 26, 2005 request for after-the-fact Department of Army
authorization for the discharge of fill material into 0.09 acres of Section 404 wetlands adjacent to
Buckhead Creek, for the purpose of developing Lots 205 and 206 at 4427 and 4431 Ferncreek
Drive respectively, in the Buckhead residential subdivision, located in the City of Fayetteville,
Cumberland County, North Carolina. Please also reference the North Carolina Division of
Water Quality's 401 Certifications #2005-1672 and #2005-1673 issued to you September 7,
2007 and the Revised Wetland Mitigation Plan for the Wheeler/McKnight Properties developed
by Dr. J. H. Carter III & Associates, Inc., dated October 12, 2007, copies enclosed for your
reference.
Upon review of the Revised Mitigation Plan and the 401 Water Quality Certifications, and
the ensuing administrative record, we have determined that your proposal to address the
unauthorized activity is satisfactory, with the following special conditions:
1) In accordance with Part 1. (Restoration) of the Revised Mitigation Plan, you shall
remove 0.03 acres of unauthorized material (rip-rap) from the jurisdictional area at the
rear of Lots 205 and 206. Upon removal of the rip-rap, you must return the area to the
original wetland grade and seed with a wetland seed mix and/or plant with native
woody species. Please see the attached Guidelines for Riparian Buffer Restoration for
planting information. You must install and maintain the proper sediment and erosion
control measures, such as silt fencing, at the downslope edge of your restoration area
until the area is stabilized with vegetation. You shall complete this condition within 30
days of receipt of this letter.

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2) In accordance with Part 2. (Preservation) of the Revised Mitigation Plan, you shall
execute and cause to be recorded in the Cumberland County Register of Deeds, a
Declaration of Restrictions or similar mechanism (see attached) for the purpose of
maintaining 0.88 acres of wetlands, stream channel and floodplain, in their natural
and/or mitigated state in perpetuity, within 60 days of receipt of this letter. At the time
of recordation of the Declaration, you must also record with the Cumberland County
Register of Deeds, a final survey map of the Preservation Area, sealed by the licensed
surveyor. These provisions relating to the Preservation Area cannot be amended or
modified without the express written consent of the U.S. Army Corps of Engineers,
Wilmington District. This includes changes as a result of any local government
drainage easement requirements. You shall enforce the terms of the Declaration and,
prior to conveyance of the property, shall take no action on the property described in
the Declaration inconsistent with the terms thereof. Each property owner shall provide
a copy of the recorded Declaration and recorded Survey to the Corps of Engineers
within 15 days of recording.
3) In accordance with Part 3. (Enhancement) of the Revised Mitigation Plan, you shall
remove the debris from the stream channel at Lots 205 and 206 within 30 days of
receipt of this letter. You may not utilize heavy machinery, conduct any mechanized
land clearing, or otherwise disturb or alter the existing channel profile and root mats.
Upon removal of the debris, you must transport the material to an appropriate upland
disposal area.
4) In accordance with Part 4. (Restoration) of the Revised Mitigation Plan, you shall fully
implement the restoration of 0.06 acres of historic fill material from the 0.88 acre
parcel, identified for preservation in 2) above. You must complete all fill removal and
vegetation plantings within 60 days of receipt of this letter. In addition, you must
conduct monitoring (visual) of the area for vegetation success and erosion control for a
minimum of three years or until the deemed successful by the Corps of Engineers,
Wilmington District. You shall provide annual monitoring reports to the Corps by
April 1St of each year, the first submittal within 30 days of initial vegetation plantings.
If you do no further work in waters or wetlands, and comply with the conditions listed above,
the Corps of Engineers will take no further action in this matter. If you fail to perform the above,
the Corps may refer your case to the U.S. Attorney with a recommendation for civil prosecution.
Please be aware that any further unauthorized work in waters or wetlands will be considered an
intentional violation of federal law.

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Should you have questions, please contact Mrs. Jennifer Frye of the Wilmington Regulatory
Field Office, at [phone].
Sincerely,
Keith A. Harris, Chief
Wilmington Regulatory Field Office
Enclosures
Copies Furnished (with enclosures):
Dr. J. H. Carter III & Associates, Inc.
Post Office Box 891
Southern Pines, North Carolina 28388
Mr. Kurt J. Olson
Maupin Taylor P.A.
3200 Beechleaf Court, Suite 500
Raleigh, North Carolina 27604=1064
Copy Furnished (without enclosures):
United States Attorney
Eastern District of North Carolina
310 New Bern Avenue, Suite 800
Raleigh, North Carolina 27611
Mr. Ronald J. Mikulak, Chief
Wetlands Section-Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Ken Averitte
N.C. Department of Environment
and Natural Resources
Division of Water Quality
225 Green Street, Suite 714
Fayetteville, North Carolina 28301

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s. Cyndi Karoly
.C. Department of Environment
and Natural Resources
Division of Water Quality
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604