19860017 Ver 1_COMPLETE FILE_19860820

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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street * Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
Mr. J. J. Barnes
118 Drake Street
Fayetteville, NC 28301
Dear Mr. Barnes:
August 25, 1986
R. Paul Wilms
Director
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Dam for New Lake
J. J. Barnes
McPherson Creek
Cumberland County
Attached hereto are two (2) copies of Certification No. 1964
issued to Mr. J. J. Barnes dated August 25, 1986.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
Original Signed By
William C. MNIs
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
Fayetteville Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
? r
NORTH CAROLINA
Cumberland County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to J. J. Barnes pursuant to an
application filed on the 25th day of July, 1986 to construct a dam for a
new lake on McPherson Creek.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of McPherson
Creek in conjunction with the proposed dam construction in Cumberland
County 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 Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 50 NTU's or less
are not considered significant).
2. That the applicant obtain a Dam Permit from the
Division of Earth Resources, Dam Safety Section,
unless exempted from the requirement for such a
permit.
3. That appropriate sedimentation and erosion control
measures shall be employed to minimize siltation
and turbidity impacts.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 25th day of August, 1986.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Original Signed By
William C. Mills
For R. Paul.Wilms, Director
WQC# 1964

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State of North Carolina
Department of Natural Resources and Community Development
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
S. Thomas Rhodes, Secretary
August 25, 1986
Mr. J. J. Barnes
118 Drake Street
Fayetteville, NC 28301
R. Paul Wilms
Director
Subject: Certification Pursuant to Section
401 of the Federal Clean Water Act,
Proposed Dam for New Lake
J. J. Barnes
McPherson Creek
Cumberland County
Dear Mr. Barnes:
Attached hereto are two (2) copies of Certification No. 1964
issued to Mr. J. J. Barnes dated August 25, 1986.
If we can be of further assistance, do not hesitate to contact us.
Sincerely yours,
original sivwd BY
William C. Mots
For R. Paul Wilms
cc: Wilmington District Corps of Engineers
Fayetteville Regional Office
Mr. William Mills
Mr. David Owens
Pollution Prevention Pays
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

t
T " NORTH CAROLINA
Cumberland County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and
subject to the North Carolina Division of Environmental Management
Regulations in 15 NCAC 2H, Section .0500 to J. J. Barnes pursuant to an
application filed on the 25th day of July, 1986 to construct a dam for a
new lake on McPherson Creek.
The Application provides adequate assurance that the discharge of
fill material into a wetlands area adjacent to the waters of McPherson
Creek in conjunction with the proposed dam construction in Cumberland
County 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 Sections 301,
302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner
as to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 50 NTU's or less
are not considered significant).
2. That the applicant obtain a Dam Permit from the
Division of Earth Resources, Dam Safety Section,
unless exempted from the requirement for such a
permit.
3. That appropriate sedimentation and erosion control
measures shall be employed to minimize siltation
and turbidity impacts.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 25th day of August, 1986.
DIVISION OF ENVIRONMENTAL MANAGEMENT
Originst SlgmW By
winiam C. MNk
For R. Paul Wilms, Director
WQC# 1964

DIVISION OF ENVIRONMENTAL MANAGEMENT
August 12.,.198b
M E M O R A N D U M
TO: Bill Mills
Permits and Engineering F
'IhFtw
FROM: M. J. Noland, Regional Supervisor ?? .
Y
Fayetteville. Regional Office. A`? ? _?'? 1 _ > 11386
SUBJECT: 401 Certification •r'i10
McPherson.Creek near Hwy.: 401 N.
Fayetteville, Cumberland County .
The subject-project involves the placement of f i11_material in McPherson Creek
and adjacent wetlands for the purpose of. constructing a.dam ..and impounding water
in a proposed subdivision lake. No excavation of wetland material is.indicated,
although some is normally required in dam construction.. The application indicates
that less than 200 cubic yards of fill material will be used.in.the.overall dam
construction.
The total length of the fill is approximately 265 feet. ..The dam is
designed to be approximately 15 feet high with a base width of 60 feet..
Control measures to prevent.short term sedimentation accumulation in the
stream have not.been presented, therefore, we cannot comment on the short
term sedimentation effects.
However, it is recommended that the appropriate certification be issued
requiring that the following "standard" conditions be met:
1. That the instream turbidity not be increased to more than
50 JTU's as a result of the.proposed activity after a
reasonable opportunity for dilution and mixture.
If additional information or clarification is required; please. advise.
v
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10SIC 111D P1IRC£bL, Ile.
SURVEYORS - ENGINEERS PLANNERS
0o ao
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„ rK m..x.sw...
104 GILLESPIE STREET
TELEPHONE [phone]
POST OFFICE BOX 103
FAYETTEVILLE, N.C. 28302
July 23, 1986
Mr. William Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural Resources
and Community Development
Post Office Box 27687
Raleigh, North Carolina 27611-7867
Subject: Application for Water Quality Certification
Dear Mr. Mills:
RECEIVED
J U L 2 5 1986
WATER QUALITY SECTION
OPERATIONS BRANCH
A client of ours is contemplating construction of a small
impoundment dam across McPherson Creek located on the west side of
U.S. 401, north of the City of Fayetteville.
In applying for a permit to fill, from the Corps of Engineers,
we were advised that an application should be submitted to your office.
Enclosed are copies of correspondence with the Corps and response
thereto, including the application submitted to the Corps.
If any other information is required for your review, or if such
data should be supplied in a different manner, please advise.
Yours very truly,
ROSE, , PU
ol.-d. Rose
Enclosures
SCR/lk
41
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402.1890
July 21, 1986
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC086-N-026-0416
Mr. J. J. Barnes
118 Drake Street
Fayetteville, North Carolina 28301
Dear Mr. Barnes:
Reference your plans to discharge fill materials in McPherson
Creek for the purpose of constructing a dam impounding water for a
lake associated with a residential development off of Raleigh
Road, Fayetteville, Cumberland County, North Carolina.
A Department of the Army permit, pursuant to Section 404 of
the Clean Water Act, must-be obtained prior to the placement of
any excavated or fill material into any waters of the United
States or any adjacent wetlands. Before processing your
application to us for this Federal authorization, you must apply
for and obtain a Section 401, Clean Water Act, Water Quality
Certification from the North Carolina Department of Natural
Resources and Community Development, Division of Environmental
Management in Raleigh. A copy of your State Water Quality
Certification must be submitted to this office to accompany your
application for Federal authorization. Mr. William Mills,
telephone [phone], should be contacted regarding this
required State authorization.
Questions regarding the Corps of Engineers regulatory program. ,
may be addressed to Mr. David Baker, Regulatory Branch, telephone
[phone].
Sincerely,
Charles W. Hollis
Chief, Regulatory Branch
.4?
-2-
Copies Furnished:
Mr. William'Mills
Water Quality Section
Division of Environmental Management
North Carolina Department of Natural
Resources and Community Development,
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Parker
Division of Coastal Management
North Carolina Department of Natural.
Resources and Community Development
Post Office Box 27687
Raleigh, North Carolina 28557
Rose and Purcell, Inc.
Attention: Mr. Gordon Rose
./104 Gillespie Street
Post Office Box 103
Fayetteville, North Carolina 28302
808E IND PHBCELL, INC.
SURVEYORS • ENGINEERS -PLANNERS

104 GILLESPIE STREET
TELEPHONE [phone]
POST OFFICE BOX 103
FAYEWEVILLE, N.C. 28302
July 8, 1986
District Engineer
Wilmington District Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402
Attention: Mr. David Baker
Subject: Application for Permit to Excavate and/or Fill
Dear Mr. Baker:
Enclosed is an application' for filling across McPherson Creek for
the purpose of constructing a small impoundment dam.
The application form indicates that a copy should be sent to an agency
of the State of North Carolina. However, there is no office listed that
has jurisdiction .in Cumberland County. If a copy has to be submitted
to the State, please advise.
Yours very truly,
ROSE AND PURCELL, INC.
C
Rose
Enclosures
SCR/lk

AFFLICATION
FOR

PERMIT TO EXCAVATE ANOMA FILL WATER QUALITY CERTIFICATION
EASEMENT IN LANDS COVERED aY WATER LAMA PERMIT FOR MAIM DEVELOPMENT
Deowo wt et1 AdmkbtrttNw $1111 1111411 Norm cmeilne OeNertatwt M the AMY
(GS 14612l asp rt t N.}saws Itese 1. 4? cam( AU" O lr.lww wst (3car" R 1 @1 w1? OWN"
143 1113-2210. VkM type or print sew IW in all Wanlsa It intotrtnatiott Is net "luble. so it ks&* by pied" MIA M blattlt.

L ApOkant Intorteatioe T T
A. Name Barnes
Last Firu Middle
EL Address 118 Drake Street
Street, P 0.,80s or Routs
Fayetteville North Carolina 281ol 483-7171
City ru Town State Zip Code Phone
IL Location o! Proposed howl.,
A. County Cumberland
L 1. City. town, community or landmarks Fayetteville - --
2. Is proposed work within city limtts0 Yes ?No Annexation Pending
C. Creels, river, sound or bay upon which project is located or nearest named body at water to proiect
McPherson Creek
IIL Description of Proiect
A. 1. Maintenance of existing project 2. New work Dam - for new lake.
0. Purpose of excavation or fill
1. Access channel N/A length _width depth
I Goat basin N/A lentth? width -depth
3. Fill arts N/A lentth? width_depth
4. Other Dam length 265 r wrdt Of 'TO death 15'
o.
C 1. Bulkhead length N/A-' Average distance waterward o MHW (s reline)
2. Type of bulkhead construction (material), N/A
0. Excavated material (total for project( _
_- " 1. Cubic yards 2. ype o maaru N/A
E. Fill muerwl to be Placed below MHW (see also VI A)
1. Cubic yards Less than 2200 2. Type of maternal Sand clay
IV. Lard Type. Oistsoial Area. and Construction Equipment N/A
A. Does the area tube excavated include any marshland, swamps or other wettandt Yes No
0. Does the drsonsal area include any fn4iWand, swamps or other wettand r Yes _No
C. Disposal Area
1. Location
2. Do you claim title to disposal area.'
0. Fill material vwrce of fill is to be trueied in
E. How will excavated material be entrapped and erounn Lontrolledr
F. Type of equipment to he used
Q Will mushland he crossed in transporting equipment to protect site' 11 Yes, explain
aF?t
Ma ltlji7t
n ?1
V, rood Lino of halter Amen ('t'eem)
A. L A WIN
2 Canu?id
1 Moult's Dradasnrnnt or IrAw tw Housing development
L ONtgr
J
L I. Lot rinds) '
I Elwradw of forte) awn man MO wad. -
1 Soil tM and tsz{wm
4. T"m of building halties or strttcatres
1 Sewase ditoosal andlor waste seater traatrnent A. E:isnr:a City of Fay.planned
L Oesuibe Sewer intercepters (existing) will serve collection system to be built
6. Land Classification (ctrde ene) OEVE LOP` O TRAw!?, i lrjAA;, COMMUNITY RURAL.
CONSERVATION OTH ?. (Ste CAMA Local Land Use Plan Synopsis)
VI. Polubtind to Fin and Water Quality N/A Y
A. 'DOp the orooosed protect :rwaive tots olacement of nil TateriaN he}gw •?ein l?mZtt watery Yh.yNo
L 1. -Wail any runoff or dmstttuge enter adtacent waters as a result of oratet +cttvity or planned use of the
area following protect comofetion) Yes-se X
2 Type of divhm"
S. Lotatton of dischartle
VIi. Fluent rats o( dimv ine eremien Iif known): N/A
VUL 1 sip r" numbers and Wait dates of previous Oeoatttaent of Army Carps of Es*nwn ar Stan permits fm
Work In prsjerct aria. if aopifeable: N/A
IX Lawph of *m neoxired to cowtolesa weieet:. 6 months
X. M atldldew to the cowofteed asolkaden firm% the feller.rim ism% amps be prtwidad:
A. At &ch a coot' of the dud (wide Stale application onty) or now inwument under which aop sum
daitta title to the affected orvowty. OR if aochcant Is not claiming to be the diner of sad property.
titan forward a coos of the deed or other insmonent under which the owner claieft tide plus written
permission kern the owner to carry out the wroiect on his land.
L Attach an accurate wwk plat drawn to scale on 8'h X 1 t" white pacer (see inuruanon booklet for
dataiis). Note: Original drawings preferred • only h.ttt duality coptes accented.
G A coot' of the AoOlwatron and WAS must be served uoon adiscant noartan landowners by teglstered at
certified mail or by outtbcatmon (G.S. 113.229 (d))Enter date seared
0. Lien names and camolete addresses of the rmoanan landowners with orcowty adjoining apWKant's.
Swett owners have 30 darn in which to submit comments to agenues listed below,
N/A
Xi. Crrtifimatien requirement: 1 candy that to the best of My knowisda, the prooosed activity compotes
wink the Stott of North Cualmnaos sooroved coastal management oromtran and will be conducted in a
manner consistent with such program.
Xis. Any permit issued pursuant to this aeetmcation will allow only the devaiaoment described mn this appli
cation and plat. Aoolicants should therefore describe in the aeeficatton and plat i anticipated deveMj
ofament aetivitmee, including construction, excavation. lillint, end dearin
OAtE / a q?7 .
Aotalicant's Signature
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