Richard Hinton

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
January 30, 1987
IN REPLY REFER TO
Regulatory Branch
SUBJECT: File No. SAWC086-N-041-0539
Mr. W. Richard Hinton
3078 Pleasant Ridge Road
Greensboro, North Carolina 27358
Dear Mr. Hinton:
R'' P?FE ,
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77
VVA
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On October 2, 1986, we announced by public notice your
application for Department of the Army after-the-fact
authorization for the placement of fill material in wetlands
adjacent to Reedy Fork Creek, northwest of Greensboro, Guilford
County, North Carolina. By letter of December 11, 1986, we
informed State and Federal agencies of your proposed modification.
The North Carolina Department of Natural Resources and
Community Development, by letter dated January 20, 1987 (copy
enclosed), provided the coordinated State viewpoint. The North
Carolina Wildlife Resources Commission (NCWRC) recommended that
after-the-fact authorization be denied. In addition, NCWRC
recommended that all fill material placed within the wetland area
(waterward of the staked and flagged Corps jurisdiction line) be
removed and the area be restored to its pre-work condition.
Additionally, we received unfavorable comments from Federal
review agencies (copies enclosed). Their reaction was the result
of significant adverse impacts your work had on the environment.
I have provided these Federal agencies' comments to alert you to
concerns in addition to those identified in the State's letter.
In view of these State and Federal objections to proposal, your
Department of the Army application is hereby denied and your file
is retired.
In accordance with prior correspondence, you are again ordered
to remove the illegally placed fill material. I will expect you
to comply with this order within 30 days of your receipt of this
letter. Your failure to comply will result in my referral of this
matter to the office of the U.S. Attorney.
3
-2-
Should you have any questions or comments,
Mr. Mike Smith at telephone [phone].
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
please contact
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer
Enclosures
Copies Furnished (without enclosures):
U.S. Fish and Wildlife Service
Post Office Box 25039
Raleigh, North Carolina 27611-5039
Mr. John Parker Mr. William Mills
North Carolina Department of Water Quality Section
Natural Resources and Division of Environmental Management
Community Development North Carolina Department of
Post Office Box 27687 Natural Resources and
Raleigh, North Carolina 27611-7687 Community Development
Post Office Box 27687
Ms. L. K. (Mike) Gantt Raleigh, North Carolina 27611
Mr. William L. Kruczynski, Chief
Wetlands Section
Region IV
Marine and Estuarine Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
Mr. R. D. Douglas, Jr.
Douglas, Ravenel,Hardy, Crihfield and
Lung
Attorneys-at-Law
Post Office Box 419
110 Commerce Place
Greensboro, North Carolina 27402
Mr. T. B. Doggett, President
T. B. Doggett Construction Company
Incorporated
Scalesville Road
Summerfield, North Carolina 27358

_.r _..
DIVISION OF ENVIRONMENTAL MANAGEMENT
Water Quality Section
November 14, 1986
M E M O R A N D U M
TO: 7ill n Parker
FROM: Mills
SUBJECT: Comments on After-the-fact Permit
,Mr. W. Richard Hinton
Guilford County
The following comments relative to Water Quality are
offered:
1. Since the fill has already been placed, we will
not be processing a 401 Water Quality
Certification for the project.
2. The embankment on the side of the fill near the
creek needs to be stabilized with either
vegetation or rip-rap material as may be
appropriate for this location to prevent erosion
of the slope.
BM/dkb
cc: Steve Mauney

. "? srATf 4`
State of North Carolina
Department of Natural Resources and Community Development
512 North Salisbury Street • Raleigh, North Carolina 27611
James G. Martin, Governor
October 7, 1986
Mr. R. Paul Wilms, Director
Water Quality Section
Division of Environmental Management
Raleigh, North Carolina 27611
Dear Mr. Wilms:
S. Thomas Rhodes, Secretary
The attached U. S. Army Corps of Engineers Public Notice No. 0539 dated
10/2186 describing a project proposed by Mr. W. RiC a1-Ft inton
is being circulated to interested state agencies for comments on applicable
Section 404 and/or Section 10 permits.
Please indicate below your agency's position or viewpoint on the proposed
project and return this form by 10/31/86
Very sincerely,
Jolin R. Parker, Jr.
404 Coordinator
REPLY .This office objects to the project as proposed.
Comments on this project are attached.
This office supports the project proposal.
No comment.
Signed
Date
Agency,
JRP : j r. / aw
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity / Affirmative Action Employer

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
SAWC086-N-041-0539 October 2, 1986
PUBLIC NOTICE
MR. W. RICHARD HINTON, 3078 Pleasant Ridge Road, Greensboro, North
Caroliona 27358, has applied for a Department of the Army after-the-fact
permit TO AUTHORIZE THE PLACEMENT OF FILL MATERIAL IN WETLANDS ADJACENT TO
REEDY FORK CREEK, NORTHWEST OF GREENSBORO, Guilford County, North Carolina.
This public notice does not imply, on the parts of the Corps of Engineers
or other agencies, either favorable or unfavorable opinion of the work
performed; but it is issued to solicit comments on the factors listed above on
which a final decision will be based. Legal action has been suspended pending
the outcome of this consideration.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the completed, unauthorized placement of approximately 14,000
cubic yards of fill material in wetlands adjacent to Reedy Fork Creek and an
unnamed tributary. Review of aerial photography indicates that approximately
1.4 acres of wetlands have been filled during the last four to five years.
The depth of the fill, consisting primarily of building debris and vegetative
material, is 4 to 6 feet. The applicant indicates that the purpose of the
work is to expand pasture land. Plans showing the completed work are included
with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
G'
t ?
-2-
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable -u I r -es
impacts which the proposed activity - est-rrea
a
o a those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resour
-- - ns--ere__including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards, flood plain values, land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of
the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Hugh Heine, until 4:15 p.m.,
November 3, 1986, or telephone [phone].
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer
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NORTH CAROLINA DEPARTMENT OF NATURAL RESOURCR 0 UNITY DEVELOPMENT
DIVISION OF ENVIRONMENTAL MANAGEOM, T.31986
Winston-Salem Regional Office UxOTY SECTION
October 22, 1986 W0PER , loNS BRANCH
MEMORANDUM
TO: Bill Mills
Environmental Engineer - WQ, Archdale
THROUGH: M. Steven Mauney
Water Quality Superviso
FROM: Arthur R. Hagstrom Q- fib'
Environmental Engineer - WQ
SUBJECT: Unpermitted Placement of Fill in Wetlands Adjacent to Reedy
Fork Creek by Mr. W. Richard Hinton, Guilford County, Corps
of Engineer's Project No. SAW086-N-041-0539
The Water Quality Staff of the Winston-Salem Regional Office has
visited the subject site on October 17, 1986, and has reviewed the
materials submitted by the Corps of Engineers concerning the landfilling
of wetlands with soil, construction debris, and materials from clearing
land prior to obtaining proper Corps of Engineers and State.approvals
and permits. The filling appears to have been done to recover land for
possible use as building sites in an area that had probably served as
a flood plain along Reedy Fork Creek.
Generally, the fill appears to.have done little harm to the area
or to the wet lands involved. However, there did not appear to be any
rip-rap on the side of the fill near the creek. Before any permits
are granted the owner should be required to stabilize and protect the side
of the fill that faces the creek so as to minimize any erosion. No water
quality problems are anticipated from this fill.
ARH/cm
Copy to: WSRO
Central Files
4
J?\tE0 St,Ir?s
o
Z e
02
tirq? PR01t-0`
OCT
4KMD-MEB/LP
REGION IV
345 COURTLAND STREET
ATLANTA. GEORGIA 30365
Colonel Paul W. Woodbury
District Engineer
U.S. Army Corps of Engineers, Wilmington
P.O. Lox 1890
Wilmington, North Carolina 28402
ATTENTION: Mr. Hugh Heine
SUBJECT: Richard Hinton
(Public Notice No. 86-N-041-0539)
Dear Colonel Woodbury:
WATER QUALITY SECTION
OPERATIONS 6RANCH
-TV-7 D
OCT 27 198
Div. of Environmental Mgt,
Raleigh, N. C.
This is in response to the subject after-the-fact public notice requesting
authorization for the placement of 14,000 cu. yds. of fill material in
wetlands adjacent to Reedy Fork Creek, Guilford County, North Carolina.
As a result of this illegal activity, approximately 1.4 acres of wooded
wetlands characterized by red maple (Acer rubrum) and button bush
(Cephalanthus occidentalis) have been eliminated. The applicant has
stated that the purpose of the work is to expand pasture land. Bottomland
hardwood wetlands perform valuable functions within the aquatic system
including: wildlife habitat values, water quality services, detrital
export, and vital storm water retention capabilities.
It is evident that the non water dependent, unauthorized fill activity
eliminated a valuable aquatic resource and resulted in unacceptable
adverse environmental impacts. Consequently, it is our opinion that the
subject after-the-fact permit application fails to comply with the Section
404(b)(1) Guidelines and should be denied.
Sincerely yours,
E.T. Heinen, Chief
Marine and Estuarine Branch
Water Management Division
fi?EC E I V E D
UNITED STATES ENVIRONMENTAL PROTECTION AGENMT 3 1986
cc: See enclosed

cc: Mike Gantt, Field Supervisor
U.S. Fish and Wildlife Service
Raliegh, NC
R. Paul Wilms, Director
NC Division of Environmental Management
Preston Pate, Chief
Field Supervisor
NC Office of Coastal Management
W. Donald Baker
NC Wildlife Resources Commission
John Parker, Permits Coordinator
NC office of Coastal Management
Randy Cheek, Area Supervisor
National Marine Fisheries Service
Beaufort, NC
J.T. Brawner, Regional Director
National Marine Fisheries Service
St. Petersburg, FL
•f

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers F", f-1 ,.,
Post Office Box 1890 -"''
Wilmington, North Carolina 28402-1890
SAWC086-N-041-0539 October 2, 1986
PUBLIC NOTICE
MR. W. RICHARD HINTON, 3078 Pleasant Ridge Road, Greensboro, North
Caroliona 27358, has applied for a Department of the Army after-the-fact
permit TO AUTHORIZE THE PLACEMENT OF FILL MATERIAL IN WETLANDS ADJACENT TO
REEDY FORK CREEK, NORTHWEST OF GREENSBORO, Guilford County, North Carolina.
This public notice does not imply, on the parts of the Corps of Engineers
or other agencies, either favorable or unfavorable opinion of the work
performed; but it is issued to solicit comments on the factors listed above on
which a final decision will be based. Legal action has been suspended pending
the outcome of this consideration.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the Corps of Engineers. Plans submitted with the
application show the completed, unauthorized placement of approximately 14,000
cubic yards of fill material in wetlands adjacent to Reedy Fork Creek and an
unnamed tributary. Review of aerial photography indicates that approximately
1.4 acres of wetlands have-been filled during the last four to five years.
The depth of the fill, consisting primarily of building debris and vegetative
material, is 4 to 6 feet. The applicant indicates that the purpose of the
work is to expand pasture land. Plans showing the completed work are included
with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No
Department of the Army permit will be issued until the coordinated State
viewpoint on the proposal has been received and reviewed by this agency, nor
will a Department of the Army permit be issued until the North Carolina
Division of Environmental Management has determined the applicability of a
Water Quality Certificate as required by PL 92-500.
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing wl'thin
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
. J
-2-
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
care a factors which become relevant in each particular
case. The benefits which reasona q froffi the
proposal must be balanced against its reasonably foreseeable detrimen s. -
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
want to the proposal must be considered including the cumulative
effects thereo - -- - __ n economics, aesthetics, general
environmental concerns, wetlands, cultural values, - _
flood hazards, flood plain values, land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of
the United States, a permit will be denied if the discharge that would be
authorized by such permit would not comply with the Environmental Protection
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Mr. Hugh Heine, until 4:15 p.m.,
November 3, 1986, or telephone [phone].
Paul W. Woodbury
Colonel, Corps of Engineers
District Engineer
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