19920128 Ver 1_COMPLETE FILE_19920101

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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
William W. Cobey, Jr., Secretary
April 29, 1992
George T Everett, Ph.D.
Director
John F. Davis
Post Office Box 642
Fayettevile, North
Dear Mr. Davis;
Carolina 28302
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Lot and fill
Cumberland County
DEM Project 92128
Upon review of your request for Water Quality Certification
to place fill material in 0.85 acres of wetlands for residential
fill and road crossing located at Village Commons Subdivision in
Cumberland County, we have determined that the proposed fill can
be covered by General Water Quality Certification No.. 2671 issued
January 21, 1992. A copy of the General Certification is
attached. This Certification may be used in qualifying for
coverage under Corps of Engineers' Nationwide Permit No. 26.
If you. have any questions, please contact John Dorney at
919/733-1786 or 919/733-1787.
Sincerely,
Pge Everett
GTE: JD
Attachment
CC: Wilmington District Corps of Engineers
Fayetteville DEM Regional Office
Mr. John Dorney
Central Files
Rob Moul, Land Management Group
RFUONAI. OI=FICFS
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/940-6481 919/395-3900 919/8967(07
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 276260535 Telephone [phone]
l qu.J OLIr?r.unity Alhn-ti,, t Employer
IMPORTANT
Date Time
WHILE YOU WERE OUT
of
Phone
AREA CODE NUMBER EXTENSION
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
Message
Signed N
N.C. Dept. of Environment, Health, and Natural Resources
??3 Printed on Recycled Paper
Z?j " `Jz w7: 4b NMUD ijum/ r h T C 1 I CV 1 LLG c,JO r YJc

John Dorney
re 2
'il 15, 1992
it is the recommendation of this office that the requested certifications
granted. This recommendation is based on the following:
1. The developers have cooperated in removal of wetland fill in
designated areas, and
2. A condition be included requiring that wetland areas of lot
Mos. 856 and 857, middle Creek, Section 9, remain undisturbed.
if additional information or clarification is required, please advise.
M,7 /xA/tf
-19 '92 09:46

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Post-it" brand fax transmittal memo 7671 # Of pages ? ?.
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DIVISION 01
April 15, 1992
N E O R A N R N N
TO: John Dorney
Water Quality Planning
FROM: M. J. Noland, Regions upervis
f'ayettevi 1e Regional
SUBJECT: 401 Certifications
Village Commons Subdivision
After-the-Fact, NW 26, No. 92128
Cumberland County
Middle Creek Subdivision
After-the--Fact, NW 26, No. 92131
Cumberland County
The subject projects involve the placement of fill in what was a man-made
pond, now permanently drained by the breaching of the dam. The boundary line
separating the two subject subdivisions runs through the old pond bottom,
therefore, implicating both developers. Also included is a request for
certification for a minor road crossing over an unnamed tributary to Bones
Creek in the village Commons'section and a very small (.06 ac.) road crossing
in Middle Creek. These projects have been an issue for some time. In
response to the first request for 401 certification, a site assessment was
conducted by regional office staff as well as Mr. Ron Ferrell and yourself.
It was determined at that time that the road crossing was approvable fill, but
certification would be withheld until a second area of unpermitted fill (the
cul-de-sac) was restored to original contours. This work has now been
completed.
The pond fill includes a total wetland area estimated at approximately
.5 acre. in the wetland survey provided by Mr. Robert Moul of the Land
Management Group, it is indicated that lot Nos. 856 and 857 have been deleted
from the request. A portion of these two lots contain a small cattail marsh
which is apparently to be preserved. Mr. Moul indicates that the developers
have agreed to leave these lots in their natural state. The remaining portion
of the pond bottom has no significant wetland uses.

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John R. Dorney
DEM
P.O. Box 29535
Raleigh, N.C. 27626-0535
Dear Mr. Dorney:
March 25, 1992
Per our discussions this morning I am enclosing 7 copies of the new
401 Permit application for "Village Commons" subdivision being
developed by Mr. Oscar Norris out of Carolina Beach. Approximately
.85 acres of 404 wetlands above the headwaters of "Bone Creek" will
be filled.
As discussed this is one site you visited with Ken Averitte of the
Fayetteville DEM office a few weeks ago and your major concern was
the fill materials in 404 wetlands surrounding the cul-de-sac. As
of this date that fill material has been removed and the cul-de-sac
shorted so it is behind the 404 line. The 4 lots have also been
labeled as "out lots" with the planning board and will not be
buildable.
Thank you for your assistance and should you have further
questions, please advise.
Sincerely,
Rob Moul, M.E.M.
Environmental Consultant
RM/dm
Enclosures: 7 copies of 401
cc: Oscar Norris
John Davis
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DEM ID:
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CON
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIF
ACTION ID:
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL
NC DEPARTMENT OF ENVIRONM
AND NATURAL RESOURCES
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
RFtE d it
ATION '
i MAR 27 1992
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS OF
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME:
2. OWNERS ADDRESS : O Sc p !L N o r r, S
3. OWNERS PHONE NUMBER (HOME): C 5 S - p (WORK): _
4. IF APPLICABLE: AGENT'S NAME OR SPONSIBLE CORPORATE OFFICIAL,
PHONE NUMBER: "ice. IZ
a r. u
D
(31) 6 ly
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: C rr. bo.? L.? )
NEAREST TOWN OR CITY: +Fck.1t-AL+/; II f-- _
I
6. NAME OF CLOSEST STREAM/RIVER: % 0Att- CnwLt
7. RIVER BASIN: tt4:
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS is OR WS II? YES [ ] NO [y]
,Z')v<,
03
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES j ] cNO [?O r
IF YES, EXPLAIN. ? ' F4 D& j `t ra"/ l 4;r- R
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
T1 ?.
2/3/92
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11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: S ,q
_ DRAINED: '
FLOODED:
EXCAVATED:
TOTAL IMPACTED: 4cr?
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): -77,.- `c
¢.i r Sec F >( c ,1
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13. PURPOSE OF PROPOSED WORK:
--/1/.? lct.sY-
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. `1 . mad dross;),,s a?.e a"f loe otzn-s 4,&,,..
15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR ANY FEDERALLY LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED
SPECIES OR CRITICAL HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE
PROPOSED PROJECT. HAVE YOU DONE SO? polg- YES [A NO [OC]
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE ATTACHED.
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH
MAY BE AFFECTED BY THE PROPOSED PROJECT?
HAVE YOU DONE SO? /Jl/q- YES [ ] NO [7?]
RESPONSE FROM THE SHPO SHO LD BE ATTACHED.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION M P SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY. COY `t ?a ?J
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? R-QS ii` ?a7?S
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
C?SC?... /110?r? S 3- ?--9
OWNER'S SIGNATURE DATE
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_ LOCATION MAP
SCALE: - 1 "=5 MILES LAND MANAGEMENT GROUP, INC.
ARMY CORPS HEADWATERS MAP
ABOVE THE HEADWATER 5cfs PT. ON BONE CREEK
SCALE: 1"=2000' LAND MANAGEMENT GROUP, INC.
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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 March 19, 1992 Director
Mr. Oscar Norris
Post Office Box 1249
Carolina Beach, North Carolina 28428
Dear Mr. Norris:
SUBJECT; 401 WATER QUALITY CERTIFICATION
Cumberland County
DEM Project # 92128, COE Project # 199200438
On March 4, 1992, I received a letter from the Corps of
Engineers advising that your project entitled Village Commons
Subdivision at Fayetteville, North Carolina in Cumberland County
qualifies for a Nationwide Permit. Please be advised that this
Nationwide permit 26 is not valid until a 401 Water Quality
Certificate is issued by the State of North Carolina.
Our existing regulations (15A NCAC 2H .0501(a)) require that
all applicants for 401 Certifications submit seven complete
copies of 401 Applications. These copies must be supplied by the
Division of Environmental Management to various state and federal
agencies.
Therefore, please complete the attached form and send six
additional copies (a total of seven copies) of your 401
Certification application so we can initiate the comprehensive
review required by our rules. If you have any questions, please
call me at 919-733-1786.
Sincerely
(4o?? 4
John R. Dorney
Applic.ltr/JRD
CC. Corps of Engineers Wilmington Regional Office
Fayetteville DEM Regi ?)NR?? S
Mr. John R. Dorney
Asheville D1 t3meirt of 1Gl T4fk1 Ma ment Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/733-2314 919/946-6481 919/395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
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9/m 37
Steve Chapin ZM
US Army Corps of Engineers FF8 5 1992
P.O. Box 1890
Wilmington, N. C. 28402 ENV. MANAGEMENT
FAYETTEVILLE REG. OFFICE
Dear Steve:

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Re: Nationwide Permit Request #26 to Fill .85 Acre at
"Village Commons".
As discussed last week in your office my clients "Montibello
Associates", desire to apply for a less than one acre NWP #26
filling request of previously disturbed 404 wetlands which lie
above the headwaters of Bone Creek, Cumberland County. The major
portion of this filling request is for an after-the-fact approval
of the placement of fill in an old man-made lake. Also, two
existing road crossings and a stone riprap check dam is involved.
About .09 acre of extra fill impact was placed at the end of the
cul-de-sac of Daharan Drive. The previously filled acreage totals
.66 acre which.includes utility crossings.
Out of the total 1.07 acres identified the property owners desire
to fill .85 acres in order to complete their subdivision plans.
All filled and denuded areas will be promptly stabilized per the
approved S&E control plan. The attached 404 Wetland Survey shows
"Village Commons" wetlands as north to south hatch lines.
Should you need any further information, please feel free to
contact me at your convenience.
Sincerely,
Rob Moul, M.E.M.
Environmental Consultant
REM/dm
Enclosures: Wetland Survey Map
Headwaters Map
cc: -D.E.M.
cc,. -Oscar Norris
P.O. Box 1249
Carolina Beach, N.C. 28428
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Steve Chapin
US Army Corps of
P.O. Box 1890
Wilmington, N.C.
Dear Steve:
Engineers
28402
January 31, 1992
1805
VdV& agtow ?1'rB AW3
Re: Nationwide Permit Request #26 to fill .89 acre at
"Middle-Creek Section #9.
As discussed last week in your office my clients "The Alliance
Group" desires to apply for less than a one acre NWP #26 filling
request of previously disturbed 404 wetlands which lie above the
headwaters of Bone Creek, Cumberland County. The major portion of
this filling request is for an "after-the-fact" approval of the
placement of fill in an old man-made lake. Also one road crossing
on Section #10 is added as well as a new segment of a small
tributary drain situated down stream to the old dam breast. The
previously filled acreage totals .31 acres.
Out of the total 1.28 acres identified, the property owners desire
to fill .89 acres in order to complete their subdivision plans.
All filled and denuded areas will be promptly stabilized per the
approved S&E control plan. The attached 404 wetland survey shows
"Middle-Creek" wetlands as east to west hatch lines.
Should you need any further information, please feel free to
contact me at your convenience.
Sincerely,
Rob Moul, M.E.M.
Environmental Consultant
REM/dm
Enclosures: Wetland Survey Map
Headwaters Map
cc: D.E.M. Vo'
cc: Alliance Group of Fayetteville, Inc.
Mr. Hayes
P.O. Box 768
Fayetteville, N.C. 28302
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LOCATION MAP
SCALE: V=5 1LES LAND MANAGEMENT GROUP, INC.
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ARMY CORPS HEADWATERS MAP
ABOVE THE HEADWATER 5cfs PT. ON BONE CREEK
SCALE: 1"=2000 ' LAND MANAGEMENT GROUP, INC.

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGI
P.O. BOX 1890 1
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO February 24, 1992
Regulatory Branch
MAR 41992
Action ID. 199200438 and Nationwide Permit No. 26
(Headwaters and Isolated Waters)
Mr. Oscar Norris
Post Office Box 1249
Carolina Beach, North Carolina 28428
Dear Mr. Hayes:
This is in regards to your property located at Village Commons
Subdivision, in Fayetteville, Cumberland County, North Carolina. In a letter
to you dated November 22, 1991, we cited you for violations of Section 301 of
the Clean Water Act. Since that time, we have concurred with your consultant,
Mr. Rob Moul, that 0.75 acres of headwater wetlands have been filled. We
understand that your intentions are to fill an additional 0.10 acres of
headwater wetlands for a total of 0.85 acres of fill. Since the total fill is
less than one acre of headwater wetlands, we are authorizing the work under
our Nationwide Permit Number 26 (provided that the conditions listed below are
met).
For the purposes of the Corps of Engineers' Regulatory Program, Title 33,
Code of Federal Regulations (CFR), Part 330.6, published in the Federal
Register on November 22, 1991, lists nationwide permits. Authorization was
provided, pursuant to Section 404 of the Clean Water Act, for discharges of
dredged or fill material into headwaters and isolated waters provided:
a. the discharge does not cause the loss of more than an acre of waters
of the United States;
b. the permittee notifies the District Engineer if the discharge would
cause the loss of waters of the United States greater than one but less than
10 acres in accordance with the "Notification" general condition. For
discharges in special aquatic sites, including wetlands, the notification must
also include a delineation of affected specific aquatic sites, including
wetlands; and
c. the discharge, including all attendant features, both temporary and
permanent, is part of a single and complete project.

-2-
Your work is authorized under paragraph a. above by this nationwide permit
provided it is accomplished in strict accordance with the enclosed conditions.
This nationwide permit does not relieve you of the responsibility to obtain
any required State or local approval. Please contact Mr. Jim Gregson or
Mr. Ken Averitte, North Carolina Division of Environmental Management,
telephone [phone] or 486-1541, to obtain a waiver or water quality
certification for the proposed work. This permit is effective upon receipt of
the waiver or certification.
This verification will be valid for 2 years from the date of this letter
unless the nationwide authorization is modified, reissued, or revoked. Also,
this verification will remain valid for the 2 years if, during that period,
the nationwide permit authorization is reissued without modification or the
activity complies with any subsequent modification of the nationwide permit
authorization. If during the 2 years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity
would no longer comply with the terms and conditions of the nationwide permit,
activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity is completed within 12 months of the date of
the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case-by-case basis to modify,
suspend, or revoke the authorization.
Please be advised, by copy of this letter, that we are recommending that
the U.S. Attorney take no further action and that we consider this matter
closed.
Questions or comments may be addressed to Mr. Steve Chapin, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure

-3-
Copies Furnished (without enclosure):
Mr. John Dorney
Water Quality Section
Divon of Environmental Management
Noy h Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Ken Averitte
Division of Environmental Management
North Carolina Department of
Environment, Health, and
Natural Resources
225 Green Street, Suite 714,
Wachovia Building
Fayetteville, North Carolina 28301
Mr. Rob Moul
Land Management Group, Inc.
Post Office Box 2522
Wilmington, North Carolina 28402
Assistant United States Attorney
Eastern District of North Carolina
Post Office Box 26897
Raleigh, North Carolina 27611
Mr. Gary Skaggs
Cumberland County Planning Department
Post Office Box 1829
Fayetteville, North Carolina 28302

® North Carolina Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 1"3 01 _?q
Charles R. Fullwood, Executive Director
992
AY I Q 1
MEMORANDUM
ETiv
TO : John R . Dorney ER UAL11 i
Division of Environmental Management
FROM: Dennis Stewart, Manager
Habitat Conservation Program
4w4-
DATE: May 13, 1992
SUBJECT: Comments on Section 401 Water Quality Certification for
Section 404 Nationwide Permit Requests
Biologists on the Wildlife Resources Commission staff have
reviewed the following Nationwide 404 Permit applications. Due
to insufficient staff and time limitations we are unable to
conduct the necessary field investigations to comment on these
applications. This "no comment" should not be considered as
either approval or disapproval of the work proposed. These
projects are:
1. Billy R. Daughtry, Sampson County
2. Betty and Philip Rivers, Brunswick County
K 3. Alliance Group of Fayetteville, Inc., Cumberland County
6 Village Commons Subdivision, Cumberland County
We appreciate the opportunity to review and comment on these
projects. If we can provide further assistance, please call on
us.
DLS/lp
cc: Thomas Padgett, District 4 Wildlife Biologist