19920131 Ver 1_COMPLETE FILE_19920101

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Y. `-* March 24, 1992
John R. Dorney
DEM
P.O. Box 29535
Raleigh, N.C. 27626-0535
Dear Mr. Dorney:
f F??r! MAR 2 71992 x?
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dminptm, M MV.Y
Per our telephone conversation this morning I am enclosing 7 copies
of the 401 Permit request for the Middle Creek Project being
developed by the Alliance Group out of Fayetteville. Approximately
.89 acres of 404 wetlands above the headwaters of "Bone Creek" will
be filled.
Thank you for your assistance.
Sincerely,
Rob Moul, M.E.M.
Environmental Consultant
RM/dm
Enclosures:
7 copies of 401
cc: Bill Hayes
John Davis

DEM ID:
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRI
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATIO rCC
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 C
WILMINGTON DISTRICT ENGINEER
CORPS OF ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
ACTION ID:
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENT L
NC DEPARTMENT OF ENVIRO
AND NATURAL RESOURC
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
Telephone [phone]
01
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MAR 2 7 1992 ??M .,?? ::
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: P Ij; a.)ve e_ ?ro p DF ?? ye.tf?v?I(G ?hlC?
2. OWNERS ADDRESS: C/o 173 ?.
3. OWNERS PHONE NUMBER (HOME):
S
(WORK): ?4R(„-905x.
4. IF APPLICABLE: AGENT'S NAME OR RESP0712L5"), IBLE CORP RATE OFFICIAL.,•ADDRESS,
PHONE NUMBER: o , M t M . !
5. LOCATION OF PLANNED WORK (ATTACH MAP).
COUNTY: c k r_. ?t r a, cj
NEAREST TOWN OR CITY: ?- V Q-? v I l ?-
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, 1
S Gc.?;n,) 014- MivI.?1 1-_r0+
AN j A.1 C.
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6. NAME OF CLOSEST STREAM/RIVER: O r - k v r +r e e K
7_ RIVER BASIN:
t:
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW,
WS I, OR WS II? YES [ ] NO 94
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? YES j ] NO [A
IF YES, EXPLAIN. ?.r5T
10. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
1?8 acre
2/3/92
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11. NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT:
FILLED: 1) cre s
DRAINED:
FLOODED:
EXCAVATED:
TOTAL IMPACTED : t3 ?}c rc 5
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): q`
13. PURPOSE OF PROPOSED WORK : -7-e!D
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v.r t .
n-, ,,,.-. r/ w.an vo r? o,- Aj
= XiSI't'4 Rte .#a a S
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'i?2. r- a ` - cyar ; u hR rop, -tka y-•-e w4,, 4
k to 44 d. o ' rt - -0 14 is b f tee 7-[4" s 63'tr?
it, J .G_1/ n ` .i . . 4 .. .. -.& - • 1 e-5- :J VA .• n.... _ . 1
n8 ),J
LDxrra1 yol4w,,,, j.S ?,j;1& 't 04 Fallouo c.l •
15. YOU ARE REQUIRED TO CONTACZ 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? N.# YES [A NO [Vr'
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 PROPO ED PROJECT?
HAVE YOU DONE SO? A? eHOULD YES [ ] NO [XI
RESPONSE FROM THE SHPO BE ATTACHED.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETL DS, STREAMS, AND LAKES ON
THE PROPERTY.
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?
F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
EXi c-i`fi -,6 .,S,0t.,'Ie„r .S ! ,4 9 let, one--
Peale
SIGNATURE DATE
?/t,w 'All-4r-rice
LOCATION MAP
SCALE: - 1 "=5 MILES LAND MANAGEMENT GROUP, INC.
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ARMY CORPS HEADWATERS MAP
ABOVE THE HEADWATER 5cfs PT. ON BONE CREEK
SCALE: 1"=20001 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 March 19, 1992 George T. Everett, Ph.D.
William W. Cobey, Jr., Secretary Director
Mr. William G. Hayes
Alliance Group of Fayetteville Inc.
Post Office Box 768
Fayetteville, North Carolina 28302
Dear Mr. Hayes:
SUBJECT; 401 WATER QUALITY CERTIFICATION
Cumberland County
DEM Project # 92131, COE Project # 199200437
On March 4, 1992, I received a letter from the Corps of
Engineers advising that your project entitled Middlecreek
Subdivision, Section 9 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,
?IDo > V.-e
4nJ'o R. n ey
y
JRD/kls
cc: Corps of Engineers Wilmington Regional Office
Fayetteville DEM Regional Office
Mr. John R. Dorney REGIONAL OFFICES
Division of Coastal Management
Asheville Fayetteville Mooresville Raleigh 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
10,
A

DEPARTMENT OF THE ARMY og
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890,..-
February 24, 1992
IN REPLY REFER TO
Regulatory Branch
Action ID. 199200437 and Nationwide Permit No. 26
(Headwaters and Isolated Waters)
Mr. William G. Hayes
Alliance Group of Fayetteville, Inc.
Post Office Box 768
Fayetteville, North Carolina 28302
Dear Mr. Hayes:
1
This is in regards to your property located at Middlecreek Subdivision,
Section 9 (Mazzarron Drive/Santiago Drive Extensions) 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
0.31 acres of headwater wetlands have been filled. We understand that your
intentions are to fill an additional 0.58 acres of headwater wetlands for a
total of 0.89 acres of fill. Since the total fill is less than an 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 1 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.
P
Ik
-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
f-
14
-3-
Copies Furnished (Without enclosure):
Mr. John Dorney
Water Quality Section
Division of Environmental Management
North Carolina Department of
E ironment, 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