19910216 Ver 1_COMPLETE FILE_19910202

e STATE
3
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
.512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Governor George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary June 14, 1991 Director
Arthur Harden
Arthur, Manns, Harden AIA Architects
One Downer- Avenue
Muntoloking, New Jersey 08738
A

Dear Mr. Harden:
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Pond Construction
Moore County
Upon review of yotur,request for Water Quality Certification
to place till material in 2.0 acres of Wetlands for :pond
construction, we have determined that the propo fill can be
covered by General Water Quality Certification"'Ln 76 issued
November.14, 1987. A copy of the General Certi€l, is
attached: ?v' This Certification may be,us.ed in qual ng for
.coverage'under corps of Engineers','Nationwide Permit,`o. 26.
If ybu have any questions, please contact John Dorney
at 919/3-5083.
} Sincerely,
t
,t
George T. Everett
GTE:JD V
Attachment
cc:, Wilmington 'District Corps of Engineers
axl< Of?'ce
.Fayetteville Region
Mr. ` John DorneyN
Central Fide R
r
.REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Vashin?gton. ViWilmington
704/251-6208 919/486-1541 704/663-1699 919/733-2314 919/94'61-6A81 919/395-3900
Pollution PreveMio6i P*0
P.O. Box 29535,'Raleigh; North Carolina 27626-0535 1 hone 919-733-7015
An Equal Opportunity, Affirm V e Action yer
,.
Winston-Salern .
919/896-7007

i
DIVISION OF ENVIRONMENTAL MANAGEMENT
23456;
June 7, 1991
n N
MEMORANDUM
TO: John Dorriey
Water Quality Planning
FROM: M. J. Noland, Regional Supervisor
Fayetteville Regional Office
SUBJECT,:.,.,, .401 Certification
Arthur Harden Pond Construction
Country Club of North Carolina.
Lots 21 and 22
Moore County
The subject project involves.'the clearing of approximately 2 acres of
wetlands,:that are considered to be abgve the headwaters of Aberdeen Creek. An
intermittent stream flows through tl site, 'under a subdivision street, and
into a lake which is tributary to Watsoris Lake : Although the site is not
considered an isolated wetland, it has been found subject to Corps of Engineer
Nationwide Permit 26 due to low ,stream,flowe.' Mr. Harden intends to excavate
the wetland and create two small,,ponds separated by an existing private drive.
He indicates that the. water level will remain at approximately the same
elevation and that no adverse impactor surface water quality is expected.
` It appears " reasonable to assume that a properly managed pond would
effectively protect water quality in this case, although there is doubt about
the efficiency when compared..rto the existing wetland. Aquatic habitat would
likely improve after construction and stabilization of the banks.
With these 'considerations in mind, it is the recommendation of this
office that therequested certification be granted, contingent on the
inclusion;of the :following conditions:
1. Mr. Harden must demonstrate compliance. with the sedimentation
and-erosion control requirements of''the Land Quality Section.;
2. Met6xrea shall be implemented to control;in-strum turbidity in,
the receiving waters at a level less than 50 NTU's after 'a
reasonable opportunity for dilution andaiixture.
If additional information or clarification is. required, please advise.
ARC ANNS HARDEN AIA ARCHITECTS
ONE DOWNER. AVENUE MANTOLOKING NEW JERSEY 08738 908 295 4020 FAX [phone]
23 -Apri 1 1991
APR 26 1991
Mr. John horney ENV. MANAGEMENT
.:Water Quality Section FAYETTEVILLE REG. OFFICE
Division of Environmental Management
NC Department of Natural Resources and Community Development
P.O. Box 29535
Raleigh, North Carolina 27626-0535
Re: Request for Section 401 Water Quality Certification for
property located in Moore County, North Carolina.
Dear Mr. Dorney:
Pursuant to our telephone conversation of 22 April 1991, I am
forwarding the information you requested regarding the two
adjoining lots I own at the Country Club of North Carolina,
Pinehurst, North Carolina.
1. Property Location: see.attached map no. 1. Property is
located near the intersection of Highway 15-501 and Morganton
-,,Road in the Country C1 ub. bf North Carolina.
s.
2. Attached is drawing of the existing wet area (map no. 2).
,.The existing wet area is approximately two acres and is not
to be increased in size. It is the intention to develop a
pond with the existing drivercrossing the pond. The, water
level is to,remain about the same elevation.
3. Map no. 3 shows the topogrAphy of the property..
4. The reason for wanting to create the and is that it p will
enhance the property visually and will provide a habitat
for water animals and plants.
I have also enclosed a copy of the Pre-Discharge Notification
Form for Nationwide Permit 26. If there is any additional
information you would like please contact me.
:.Sincerely, k.
Arthur M. H #den
AMH:rdf
Enclosures
cc Mr. Ken Averette (with enclosures)
SAW26-
IrDEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Mrn __ awl:
ENV. MANAGEMENT
FAYEREVIU.E REG. OFFia
PRE-DISCHARGE NOTIFICATION FORM FOR NATIONWIDE PERMIT 26
,y
i
OWNERS NAME Arthur M. Harden
2. OWNERS ADDRESS: 215 Channel Lane, Mantoloking, New Jersev 08738
3. OWNERS PHONE NUMBER (HOME); [phone] (WORK): [phone]
4. LOCATION OF PLANNED WORK: COUNTY: Moore
SPECIFIC LOCATION (INCLUDE STREAK NAMES. ROAD NUMBErS_ ETC_;1-
6. PURPOSE OF PROPOSED'WORK: To create two connected pond depressions
7. APPROXIMATE SIZE OF WATERS AND WETLANDS WHICH WILL BE LOST OR
SUBSTANTIALLY ADVERSELY MODIFIED AS A RESULT OF THE PROPOSED.WORK (EXPRESS
IN TENTHS OF ACRES): Approx. 2 acres of existing wetlands to be`excavated
8. INFORMATION THAT THE APPLICANT BELIEVES TS APPROPRTATF'-

s i¢ T
fe.a F` 4'
NOTES: If Item i.7. (below) is 10 acres or more or if any of the conditions
listed in Section B..(below) are not met, the applicant must submit an
individual permit application. Please contact the District for forms and
information.
Applicant is required to obtain a Section 401 Water quality Certification from
-the State of North-Carolina for NWP 26 to be valid. This certification should
be furnished'.aith this pre-discharge notification.
PLEASE PRINT
A.
5. DESCRIPTION OF PROPOSED WORK: Excavation of material within existing
wetlands (±2 acres) to develov 2 Donds without intrndiirtinn of fill

9. DO Y KNOWLEDGE OF THE EXISTENCE OF ENDANGERED SPECIES ON OR
NEAR THE P OSED PROJECT AREA? YES [ ] NO [X]
IF YES, INDICATE WHAT SPECIES.
10. DO YOU HAVE KNOWLEDGE OF HISTORIC PROPERTIES WHICH ARE LISTED OR
DETERMINED ELIGIBLE FOR LISTING ON THE NATIONAL REGISTER OF HISTORIC
PLACES THAT OCCUR IN THE VICINITY OF THE PROPOSED PROJECT? YES [ ] NO [X]
11.. WILL THE ACTIVITY INTERFERE WITH NAVIGATION? YES [ ] NO [X]
B. CONDITIONS. THE FOLLOWING CONDITIONS MUST BE MET FOR THE NATIONWIDE
PERMITS TO BE VALID (33 CFR 330.5-.6):

1. DISCHARGE OF DREDGED OR FILL MATERIAL WILL NOT MET NOT MET
[X] [ ]
OCCUR IN THE PROXIMITY OF A PUBLIC WATER SUPPLY
INTAKE.
2. DISCHARGE OF DREDGED OR FILL MATERIAL WILL NOT [X] [ ]
OCCUR IN AREAS OF CONCENTRATED SHELLFISH PRODUCTION
UNLESS THE DISCHARGE IS DIRECTLY RELATED TO AN AUTHORIZED
SHELLFISH HARVESTING ACTIVITY.
3. THE ACTIVITY SHALL NOT SIGNIFICANTLY DISRUPT THE [X]
MOVEMENT OF THOSE SPECIES OF AQUATIC LIFE INDIGENOUS TO
THE WATERBODY (UNLESS THE PRIMARY -PURPOSE OF THE FILL IS
TO IMPOUND WATER).

4. DISCHARGE OF DREDGED OR FILL MATERIAL SHALL CONSIST [X]
OF SUITABLE MATERIAL FREE FROM TOXIG.POLLUTANTS IN TOXIC
AMOUNTS.
5. ANY STRUCTURE OR FILL AUTHORIZED SHALL BE PROPERLY [X]
MAINTAINED.
6. THE ACTIVITY WILL NOT OCCUR IN A-COMPONENT OF THE [X]
NATIONAL WILD AND SCENIC RIVER SYSTEM; NOR IN A RIVER
CURRENTLY DESIGNATED BY CONGRESS AS
A "STUDY RIVER" FOR
.
POSSIBLE INCLUSION.
7. THE CONSTRUCTION OR OPERATION OF THE ACTIVITY WILL [X]
NOT IMPAIR RESERVED TRIBAL RIGHTS.

C.r
'`THE FOLLOWING MANAGEMENT PRACTICES SHALL BE
FOLLOWED TWTHE UM EXTENT PRACTICABLE. FAILURE TO COMPLY WITH THESE
PRACTICES MAY BE CAUSE FOR REQUIRING AN INDIVIDUAL PERMIT. APPLICANT
SHOULD PROVIDE EXPLANATION FOR MANAGEMENT PRACTICES NOT MET.
MET NOT MET
1. DISCHARGE OF DREDGED OR FILL MATERIAL INTO WATERS [X] [ ]
OF THE UNITED STATES SHALL BE AVOIDED OR MINIMIZED
THROUGH THE USE OF OTHER PRACTICAL ALTERNATIVES.
2. DISCHARGES IN SPAWNING AREAS DURING SPAWNING [X] [ ]
SEASONS SHALL BE AVOIDED.
3. DISCHARGES SHALL NOT RESTRICT OR IMPEDE THE [X] [ ]
MOVEMENT-OF AQUATIC SPECIES INDIGENOUS TO THE WATERS OR
THE PASSAGE OF NORMAL OR EXPECTED HIGH FLOWS OR CAUSE
THE RELOCATION OF THE WATER (UNLESS THE PRIMARY PURPOSE
OF THE FILL IS TO IMPOUND WATERS).
4. IF THE DISCHARGE CREATES AN IMPOUNDMENT OF WATER, [X] [ J
ADVERSE IMPACTS ON THE AQUATIC SYSTEM CAUSED BY THE
ACCELERATED PASSAGE OF WATER AND/OR THE RESTRICTION OF
ITS FLOW SHALL BE MINIMIZED.
5. DISCHARGE IN WETLAND AREAS SHALL BE AVOIDED. [X] [ ]
6. HEAVY EQUIPMENT WORKING IN WETLANDS SHALL BE PLACED [X] [ ]
ON MATS.
Y_ .
7. DISCHARGES INTO BREEEDING IREAS FOR MIGRATORY [X] [ ]
WATERFOWL SHALL BE AVOIDED.
8. ALL TEMPORARY FILLS SHALL BE REMOVED IN THEIR [X] [ ]
ENTIRETY.
2/28/91
OWNER'S SIGNATURE DATE
IF APPLICABLE:
AGENT'S NAME:
AGENT'S ADDRESS: ;
AGENT'S PHONE NUMBER:
AGENT'S SIGNATURE "DATE
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M E M O R A N D U M
TO:
DIVISION OF ENVIRONMENTAL MANAGEMENT
June 7, 1991
John Dorney 01
Water Quality Planning;:; .! "
M. J. Noland, Regional S
Fayetteville Regional Of ice
401 Certification
Arthur Harden Pond Construction
Country Club of North Carolina
Lots 21 and 22
Moore County
The subject project involves the clearing of approximately 2 acres of
wetlands that are considered to be above the headwaters of Aberdeen Creek. An
intermittent stream flows through the site, under a subdivision street, and
into a lake which is tributary to. Watsons Lake. Although. .the site is not
considered an isolated wetland,.it has been found subject to Corps of Engineer
Nationwide Permit 26 due.to low stream flows. Mr. Harden intends to excavate
the wetland and create twq#small ponds separated by an existing private drive.
He indicates that the water level will remain at approximately the same
elevation and that no adverse impact or surface water quality is expected.
_ It appears reasonable to assume that a properly managed pond would
effectively protect water quali°ty.in this case, although there is doubt about
the efficiency when compared,to the existing wetland. Aquatic habitat would
likely improve after construction and stabilization of the banks.
4 With these considerations in mind, it is the recommendation of this
office that the requested certification be granted, contingent on the
inclusion of the following conditions:
1. Mr. Harden must demonstrate compliance witlfi tll& -sedimentation
and 'erosion control requirements of the Land Quality Section.
2. Measures shall be implemented to control in-stream turbidity in
the receiving waters at a level less than 50 NTU's after a
.reasonable opportunity for dilution and mixture.
If additional information.or,clarification is required, please advise
MJN/KA/tf
:4 .
r?
ONE DOWNER
A
S HARDEN AIA ARCHITECTS
I'OLOKING NEW JERSEY 08738 908 295 4020 FAX [phone]
s„.r
Iz.
' April 1991
Mr 'Jahn Dorney '
}. der i?ual,ty Section -;
y. vision of Environmental Management
,
' NC Department of Natural Resources and Community Develooird fC
?. KP Box 29535
igh, North Carolina 27;626-0535
Re: Request for Section 401 Water Quality Certification for
' property located in Moore County,,North-Carolina.,
Dear Mr. Dorney:
Pursuant to our telephone conversation of 22 April 1991, I am
forwarding the information you requested regarding the two
adjoining lots I own at the Country Club of North Carolina,
P141ehurst, North Carolina. -
1. Property Location:. see attached map no. 1. Property is
located near the intersection of "Highway 15-501 and Morganton
Road in the Country Club. of North Carolina.
2. Attached is drawing of--', _e existing wet area (map no. 2).
The existing wet area is approximately two acres and. -i,s not
to be increased i n . size. It is-the intention to de??o't;op ;a
pond with_the existg drive crossing the pond. The water
level is to remain out the same elevation.
3. Map no. 3 shows the topography of the property.
4. The reason for wanting to create the pond is that it will
enhance the property visually and will provide>a habitat
for water animals and plants.
I 'have also enclosed a copy of the Pre.Discharge Not-i>fication
-Form for Nationwide Permit 26.- If there is any additional
information. you would like please contact me.
Sincerely,
Arthur M. H rden

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