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HomeMy WebLinkAbout19920262 Ver 1_COMPLETE FILE_19920101F 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 December 22, 1992 A. Preston Howard, Jr., P.E. William W. Cobey, Jr., Secretary Acting Director Mr. Don Broadwell Broadwell Land Company Post Office Box 53587 Fayetteville, North Carolina 28305 Dear Mr. Broadwell: Subject: Proposed Fill in Wetlands or Waters Development project - lot fill Cumberland County DEM Project # 92262 Upon review of your request for Water Quality Certification to place fill material in 0.32 acres of wetlands or waters for residential lot fill located at SR 1106 and SR 1104 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. No additional fill is authorized at this site. If you have any questions, please contact John Dorney at 919/733-1786. Sincerely, 4?eston Howard, J . P.E. APH:JD Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Wilmington Field Office Fayetteville DEM Regional Office Mr. John Dorney Central Files Kevin Martin; Soil andR&%y,18pjpFRtal Consultants Asheville st aq?ettVQ&zang11A@ rA,i11WRC Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919/395-3900 919/896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal opportunity Affirmative Action Employer A_w MOORCMAN, KIZER & REITZEL, INC. Gn91nZeti, -(PLppammu and <'u¢veyou 1 15 BROADFOOT AVENUE • POST OFFICE BOX 53774 FAYETTEVILLE, NORTH CAROLINA 28305 TELEPHONE: (919) 484.5191 FAX: (919) 484-0388 December 11, 1992 Mr. John Dorney North Carolina Department of Environment, Health and Natural Resources Environmental Management Water Quality Planning Post Office Box 29535 Raleigh, NC 27626 REF: Broadwell Tract Bailey Lake Road Cumberland County, NC Dear Mr. Dorney: i hFC i 61992 0 First, allow me to apologize for my slowness in responding to you concerning our proposed filling of 1.5 acres of jurisdictional waters of the U.S. above headwaters. Mr. Dohn Broadwell, the developer, has made arrangements to dispose of the majority of his excess excavation elsewhere, but would still propose to fill up to 0.32 acres of this site which we understand would be allowed and not a violation. Please let me know should you have questions or desire further clarifications concerning this project. Yours very truly, IZER & EITZEL, INC. James K' er, JMK:boa cc: Mr. Kevin Martin Mr. Dohn Broadwell Division of Environmental Management P.O. Box 29535 Raleigh, North Carolina 27626-0535 WATER QUALITY SECTION FAX # (919) 733-13 State of North Carolina Department of Environment, Health and Natural Resources TELECOPY TO: FAX 51 ?t?aS FROM: w I ) 04 PHONE- I B ?G l? I NUMBER OF PAGES, INCLUDING THE COVE SHEET: TRANSMISSION REPORT JAN 11 '93 09:10AM ) * DATE START REMOTE TERMINAL MODE TIME RESULTS TOTAL DEPT. FILE TIME IDENTIFICATION PAGES CODE NO. * JAN 11 09:08AM 9192514025 G3E ST 01'15" OK 03 ALO-13-19M 11:11 FROM MOOF41'H-K I ZER-RE I TZEL TO 19197339919 P.01 s .. MOORMAN, KIZER & RETTZEL, INC Engineers - Planners - Surveyors 115 Broadfoot Ave - FD Box 53774 Fayetteville - NC 28305 Telephone - (919) 484-5191 M. (919) 484-0388 ** FAX ** FAX ** FAX ** FAX ** FAX ** FAX ** FAX ** FAX ** FAX ** DATE: FROM LCT rift - Rq Iq TO: NUMBER OF PAGES (Including this cover sheet): m URGENT! o, PLEASE ACKNOWLEDGE RECEIPT! F1 PLEASE CALL ME! r7 PLEASE FQRWARD TO:?---- PLEASE NOTIFY: if FAX is illegible: Call (919) 484-5191 immediately * * FAX * * FAX * * FAX * * FAX* * FAX * * FAX * * FAX TOTAL P.01 Ed North 'Carolina Wildlife Resources Commission 512 N. Salisbury Street, Raleigh, North Carolina 27604-1188, 919-733-3391 Charles R. Fullwood, Executive Director MEMORANDUM TO: John Dorney Water Quality Planning, DEM FROM: Richard B. Hamilton Assistant Director i DATE: July 16, 1992 SUBJECT: Review of Application for 401 Water Quality Certification for nationwide Permit 26, Broadwell Land Company, Fayetteville, Cumberland County North Carolina. Professional staff biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject permit application and are familiar with habitat values associated with the proposed project area. An onsite investigation was conducted on July 6, 1992 for the purpose of further assessing construction impacts on fisheries, wildlife, and wetland resources. These comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d), the Clean Water Act of 1977 (as amended), and North Carolina General Statutes (G.S. 113-131 et seq.). The applicant, Broadwell Land Company, of Fayetteville, is requesting permit authorization to place fill material in 1.5 acres of 404 wetlands adjacent to SR 1106 just south of the intersection of SR 1104 and SR 1106 in Cumberland County. The proposed work is to provide an area to dispose of unwanted fill generated by an adjacent development and to allow development of 8 new residential lots. Dominant vegetation on the site includes iNaa aquatica, Acer rubrum, Quercus falcata and Via, and Arundinaria ag ntea. The site consists of a typical bottomland forest drainage basin an sed rves as a natural corridor and refuge for a variety of wildlife species, as well as a vegetated buffer area between neighborhoods. We have determined that the proposed project is inconsistent with NCWRC Policies and Guidelines for Wetlands and Aquatic Habitat Conservation. It is NCWRC policy to oppose proposals directly or indirectly resulting in further degradation of wetlands or aquatic habitats. Proposals advocating filling of wetlands for the purpose of creating high ground for development cannot be supported by the NCWRC and any required permit authorization will receive a recommendation for denial unless the proposed project has significant public benefits, is a water-dependent activity, and/or that all impacted habitats Memo (2) July 16, 1992 are fully mitigated. As this project does not meet these requirements, we must recommend against 401 certification. Thank you for the opportunity to review and comment on this 401 Water Quality Certification application. If we can provide further assistance, please call on us. RBH/lp cc: The Honorable Ted B. Lockerman Keith Ashley, District 4 Fisheries Biologist Thomas Padgett, District 4 Wildlife Biologist Steve A. Pozzanghera, Piedmont Region Habitat Biologist ?& Environmental Consultants, Inc. 3818 Bland Road ¦ Raleigh, North Carolina 27609 ¦ (919) 790-9117 ¦ Fax (919) 790-1728 NC DEH&NR, DEM Water Quality Planning Attn: Mr. John Dorney P.O. Box 29535 Raleigh, NC 27626 Dear Mr. Dorney: MAY 2 710 May 22, 1992 The purpose of this letter is to request a 401 Water Quality Certification for the project known as the Broadwell tract. The project is located in Cumberland County as shown on the enclosed plans. Ernest Hayhurst of our firm previously met with Steve Chapin of the corps, on-site to review the wetland delineation. The detailed wetland delineations are shown on the attached map. We have applied to the Corps for a Nationwide 26 Permit and copied other agencies necessary with this application. Fill in some wetlands will be required under Corps Nationwide 26 to utilize the property for a combination of disposal of fill generated by an adjacent development and to allow development of 8 residential lots. (See attached map). Further details of the project and reasons for the necessary impacts are described in the attached letter from the project engineer (Moorman & Kizer). As soon as you have the opportunity to review this application please call so we can discuss this project further. It will be necessary to fill 1.5 acres (see map) of jurisdictional waters of the U.S. above headwaters for placement of the currently proposed facilities utilizing Nationwide Permit 26. Please call us immediately if this application is not complete, as per the current requirements. Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits On-Site Waste Treatment Systems, Evaluation and Design y i DIVISION OF ENVIRONMENTAL MANAGEMENT July 9, 1992 M E M O R A N D U M TO: John Dorney Water Quality Planning FROM: M. J. Noland, Regional Superviso Fayetteville Regional Office SUBJECT: 401 Certification Broadwell Land Company DEM Project No. 92262 Cumberland County The subject project involves the filling of approximately 1.5 acres of wetlands off State Road 1106, stretching from 600 to 1200 feet southeast of SR 1104. The area 'to be impacted is part of a drainage system which receives at least an intermittent discharge from one or more ponds upstream and is tributary to a series of other ponds approximately 3000 feet downsteam. The waterbody involved is an unnamed tributary to Beaver Creek, class "C" waters in the Cape Fear River Basin. According to information submitted with the application, the developer wishes to use this site to dispose of spoil from a major housing project he will be undertaking on the opposite side of SR 1106, while at the same time creating seven or eight additional lots in what is now wetland. Engineers for the applicant indicate that substantial economic savings would result from this very short haul distance, not to mention the additional lots which would be generated. Based on the site evaluation and rating sheet completed on June 26, 1992, and review of USGS maps not submitted with the application, it is the recommendation of this office that 401 Certification for this project be witheld until more adequate justification or need is demonstrated for this fill. The site in question provides significant wetland uses and is in fact a waterway for an upstream impoundment. These wetlands conceiveably could be considered streamside wetlands, even though the stream flow may be intermittent. Residential development already adjoins the site to the south. The. proposed development to the north will likely contribute significant amounts of stormwater. The value of this wetland as a filter should become increasingly important as residential development in the vicinity expands. If additional information or clarification is required, please advise. MJN/KA/mla Enclosure WETLAND RATING SYSTEM WORKSHEET, Project No. or description lE P',0?%.76d -]Rk4C Location c? County COM.er (o„4 Nearest road or town Lid I Ili & . l (0 1-" River basin g-- Nearest stream (/ and classification ?- -Evaluator /G Agency and address Date and time evaluated 4t-,\ -,2,/, Major Wetland Type S? a`?-- ( vs Gs J Approximate siz of wetland system acres _ Approximate extent of wetlands in area 10-1o-' acres within miles Three most common plant species (in order): ;??h, S5 t ,, Ael Soil Series (if known) `f7? cb? Hydrologic indicators leal-LaL Direct surface hydrol gic connec io ? YES 0 sv Existing Conditions Drainage -- ?? Disturbance Restoration potential Restoration value is site known to provide habitat for rare, endangered or threatened species?if so, list species observed or recorded. Item No. - Score (circle one) 1. Location/Landscape • 1 Natural area buffer 5 2 Sensitive watershed 5 4 3 2 1 3 Dispersal corridor system 5 4 2 1 II. Ecological Values 2 1- (b) • 4 Special ecological attributes 5 4 3 5 Wildlife habitat 5. 4 4 (?) 2 3 2 0 0 6 Aquatic life 5 7 8 Water storage Streambank stabilization 5 5 4 4 2 4, 1 1 0 0 9 Removal of pollutants 5 4 $ 1 0 III. Human Values 10 Outdoor recreation/education 5 4 3 0 1 0 11 Economic value 5 4 ©'2 1 0 • Total score ,s z Site description and notes: ? ? ^? ?// i?X ? ?• ??,. ' ? ? zu • N _!_ _ r X11 ?? :• ' \ ?? ? ? \ ? 1409 ,?s•? ``g? •,, o ,• 1 41 a ? y 71t s ?H?igh - '15' 401 Ilk p .°? '. t •: ,a =. •s/2'.•r?? ? p'?',•t \ rr? ' 1 0 to ? I' •?r r? . ? ? __ p yi I 1\\\• 1• •II. ?? `? t x+14' 6 4i1? ?xr?t ?.I`. `'?, 0. •I ?c?• - 1 I ==t I ?____-_1104 •`` I /`? 11 I ? ?? ' . ?-'?• •,. , • ... . i.. '' .- 1 P ? ,? i?s?ij ?\\ v i:i?`•, ? I, 'I? `.r.!;iiii? I -`.?sl.r ~J . ` O ??? I / I .??? iil 0? _ _ : %?:• .I. •1I• GiiiEf:E?li J N s /: ;; ; Vi'i' ?•, ?' ., 'U- • i - •„?/ /?'; f ,i•?': .?i: :'?:, ?' 'mil --..._- -- _? ? ;1411 0 ?? _ ; II h Q -JA III '_= - i M •\1 °•r. - ./ -- ?? ?.I ? p ?__ •ry ? \'•?? II '(ill n?? "• ! ' •i?:•''??•:' ?" n / 1107`°ii . a • .\.,? .'. ?•?. / , - _ - ? - - _ r •? Par '>\.;• / • •:..i"fi' ` • 1 i ± r ?? ? ? is -s? ? ? \. _ .?;? •'?: t'='' s " - `?,\\\\ z 2QQ , lit It 1141 It -0 •J cool- I ' et 1108 _ Tower 11 and?i 680 9 INTERIOR-GEOLOGICAL SURVEY, RESTON. VIRGINIA-1993 ry 7 G zz J G 681 682D m .E 79'0 683 ?!/? ? 1684 ????rrr ROAD CLASSIFICATION Mapped by the Army Map Service Primary highway, Light-duty road, hard or Published for civil. use by the Geological Survey hard surface ........................ improved surface.... Control by USGS, NOS/NOAA, and USCE Secondary highway, Topography by photogrammetric methods from aerial photogi hard surface ........................ Unimproved road . =========taken 1946-1947. Planimetric detail revised from aerial r~? photographs taken 1955. Field checked 1957 ,,J Interstate Route U U. S. Route C State Route ? Polyconic projection. 10,000-foot grid ticks based on North Carolina coordinate system. 1000-meter Universal Transverse Mercator grid ticks, zone 17, shown in blue. 19 'CATION C L I FDA LE, N.C. North American Datum. To place on the predicted North American Datum 1983 move the projection lines 12 meters south and 22 meters west as shown by dashed corner ticks Red tint indicates areas in which only landmark buildings are There may hp nriu2fn lni.nlrll..? ...:?t :_ .• _ _?__:_ 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 A. Preston Howard, Jr., P.E. William W. Cobey, Jr., Secretary July 29, 1992 Acting Director Mr. Don Broadwell Broadwell Land Co.- P.O. Box 53587 Fayetteville, N.C. 28305 Project #92262 Dear Mr. Broadwell: . The Division of Environmental Management, Water Quality Section has reviewed your plans for wetland fill for 1.5 acres of wetlands at SR 1106 near Fayetteville in Cumberland County for residential fill. Based on this review, we have identified significant uses which would be removed by this project. These are wildlife habitat, water storage, streambank stabilization and pollutant removal. Furthermore, insufficient evidence is present in our files to conclude that your project must be built in wetlands. Therefore, we are moving toward denial of your 401 Certification. To deny this project would require a Public Notice and public comment period since we have determined that our General Certification does not apply. Until we receive this information, we are requesting (by copy of this letter) that the U.S. Army Corps of Engineers place your project on administrative hold. Please provide us with information supporting your position that your project must be constructed in wetlands. Specifically can you construct your subdivision on nearby upland or prior converted farmland? A more substantial justification of the need to build these eight lots in wetlands will be needed considering your plans to develop the remainder of the subdivision nearby. REGIONAL OFFICES Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem 704/251-6208 919/486-1541 704/663-1699 919/733-2314 9 19/946-648 1 919/395-3900 919/896-7007 Pollution Prevention Pays P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-7015 An Equal Opportunity Affirmative Action Employer Mr. Don Broadwell July 29, 1992 Page 2 Any additional documentation such as maps and narrative which you can supply to address upland alternatives may be helpful in our review of your 401 Certification. Please respond within two weeks of the date of this letter. If you have any questions, please call me at 919/733-1786. )ncerely, n R. Dorney JRD/kls Broadwell.ltr/jrda cc: Fayetteville Regional Office Mr. Steve Pazzanghera, N.C. Wildlife Resources Commission Wilmington Office COE Central Files A ` lta Soil & Enwronrnental Consunts, Inc. 3818'Bland Road ¦ Raleigh, North Carolina 27609 ¦ (919) 790-9117-¦' Faz (919) 790=1728 u ?? ! May, 221992 Q v NC DEH&NR, DEM Water Oua1ity`Planning KAY 2 7 10 Attn : John Dorney P: A. Box 2.9 5 3 5 WETLANDS GROUP Raleigh, NC 27626 IMM)UALITY Dear Mr•."Dorney The ;purpose of this letter is to request a 401 WaterQuality Certification for the project known as the Broadwelltract.- The project is located in Cumberland County as shown :on the ,enclosed plans. Ernest Hayhurst of our firm previously met with Stevie Chapin of the corps, ion-site to review the -wetland' delinea?ti!on. The detailed wetland delineations are shown.,on the att'ar?hed map., We have' appl ied to the Corps f or a` Nationw?i&6 26 Permit and copied 'other agencies necessary. with this application. Fill in,some wetlands will be required under Corps Nationwide 26 to ut ize-the property fora combination.of disposal of, fill generated by an adjacent development and to allow development of 8 residential lots. (See attached map). Further'deta is of the project and reasons for the necessary impacts:are described in the attached letter from the project engineer ,(Moorman '& Kizer). As `soon as you have the opportunity to review this application please call soave can discussithis project further. It will?be'necessary to fill 1.5 acres (see map) of jurisdictional waters of the U.S. above headwaters for placement of the currently proposed.facilities utilizing Nationwide Permit 26. Please call us immediately if this applicationis not complete, as per the current requirements. i Soil/Site Evaluation ,M ;Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits On-Site Waste Treatment Systems, Evaluation and Design :. , Si= Raleigh, North Carolina 27609 (919) 790-9117 ¦ May 22, 1992 US Army Corps of Engineers Regulatory Branch Attn: Mr. Scott Mclendon P.O. Box 1890 Raleigh, NC 28402 Dear Mr. McLendon: The purpose of this letter is to request a Nationwide 26 Permit for the project known as the Broadwell tract. The project is located in Cumberland County as shown on the enclosed plans. Ernest Hayhurst of'our firm previously met with Steve Chapin of the corps, on-site to review the wetland delineation. The detailed wetland delineations are shown on the attached map. We have applied to the DEN for our 401 Water Quality Certification and copied other agencies necessary with this application. Fill in some wetlands will be required under Corps Nationwide 26 to utilize the property for a combination of disposal of fill generated by an adjacent development and to allow development of 8 residential lots. (See attached map). Further details of-the project and reasons for the necessary impacts are described in the attached letter from the project engineer (Moorman & Kizer). As soon as you have the opportunity to review this application please call so we can discuss this project further. It will be necessary to fill 1.5 acres (see map) of jurisdictional waters of the U.S. above headwaters for placement of the currently proposed facilities utilizing Nationwide Permit 26. Please call us immediately if this application is not complete, as per the current requirements. 4 Soil & Environmental Consultants, Inc. Soil/Site Evaluation ¦ Mapping and Physical Analysis ¦ Wetlands Mapping and Mitigation ¦ Environmental Audits On-Site Waste Treatment Systems, Evaluation and Design 0 .w Please call if you have any questions or require further information. We appreciate your willingness. to work with us toward the economical and timely completion of this project. Sincerely, Kevin C. Martin President Enclosures cc: With Enclosures N.C. Division of Environmental Mgt., Water Quality Planning Regional Office, Ken Averette. NC Dept. of Cultural Resources USF&WS p-, DEM ID: JOINT APPLICATION FORM FOR NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO THE DISTRICT ENGINEER NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION WILMINGTON DISTRICT ENGINEER CORPS OF ENGINEERS DEPARTMENT OF THE ARMY P.O. BOX 1890 WILMINGTON, NC 28402-1890 ATTN: CESAW-CO-E Telephone (919) 251-4511 ACTION ID: WATER QUALITY PLANNING DIVISION OF ENVIRONMENTAL MANAGEMENT NC DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES P.O. BOX 29535 RALEIGH, NC 27626-0535 ATTN: MR. JOHN DORNEY Telephone (919) 733-5083 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 : Broadwe ll Land Co., attn : Mr. 'ion Broadwe l l 2. OWNERS ADDRESS: PO Box 53587 aye evi e, NC 8305 3. OWNERS PHONE NUMBER (HOME): (WORK): 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: Soil and Environmental C'nn-s„1 i-antG A n• Mr Kevin Martin 3818 Bland Road Raleigh NC 27609 (919) 790-9117 5. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: Cumberland NEAREST TOWN OR CITY: SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): Adjacent to western side of SR 1106 lust south of the intersection of SR 1104 (Strickland Ridge Rd.) and SR 1106 (Bailey Lake Rd.). See attached map. 6. NAME OF CLOSEST STREAM/RIVER: Unnamed t ri hutary i-a Reaver creak 7. RIVER BASIN: Cape Fear 8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, HQW, ORW, WS I, OR WS II? YES [ ] NO [ x] 9. HAVE ANY SECTION 404 PROPERTY? YES IF YES, EXPLAIN. 10. E=$ftZ?V-TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: 2.86 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS [ ] NO [x] 2/3/92 r -2- NUMBER OF ACRES OF WETLAND IMPACTED BY THE PROPOSED PROJECT: FILLED: 1.5 DRAINED: 0 FLOODED: 0. EXCAVATED: 0 TOTAL IMPACTED: 1.5 12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): Fill associated with development of residential su hcliVigion_ See attached letter from project engineer--'(Moormaniz-r) for details. 13. PURPOSE OF PROPOSED WORK: Provide for disposal of fill mater; al generated by adjacent development and allow for deve-lopMent f lots. Mee attached Moorman & Kizer.'libtter). 14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND IMPACTS. See attached letters from Moorman &-Kizer and _ of an Environmental Consultants 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? .YES tc ] NO [ ] 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? YES [X) NO ( ] RESPONSE FROM THE SHPO SHOULD BE ATTACHED. 17. ADDITIONAL INFORMATION REQUIRED BY DEM: A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, 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? Rura I F r)P_ nmI np4zd F. IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? Municipal Sewer System OWNER'S SIGNATURE -? T Don Broa well MOORMAN & KiZ/E(R, INC. 2-9inEE41, -PiannE41 and c5- uz TE1,021 1 15 BROADFOOT AVENUE • POST OFFICE BOX 53774 FAYETTEVILLE. NORTH CAROLINA 28305 TELEPHONE: (919) 484-51 91 FAX: (919) 484-0388 April 21, 1992 Mr. Kevin Martin Soil & Environmental Consultants 3818 Bland Road Raleigh, NC 27609 REF: Broadwell - Farmer Tract Bailey Lake Road Cumberland County, NC Dear Kevin: Enclosed herewith is a copy of our preliminary of the Farmer Tract showing the proposed lot layout on the north side of Bailey Lake Road whereas the area that we're asking to have removed from wetlands designation, lies on the southern side of the road. The area on the north side of the road is high and good developable land with no place to dispose of excess excavation from the streets. It is anticipated that the grading of the streets to subgrade elevations to allow for proper storm water collection within the subdivision on the northern side of the road will generate approximately 9,000 cubic yards of soil that will need to be disposed of off site. If this amount of soil has to be trucked from the site, and disposed elsewhere, it will cost the developer approximately $55,000. On the other hand, if it can be placed on the southern side of the road on the now designated wetland area and used to build up the area and create lots, the haul cost is reduced to approximately an economic savings to the developer of approximate, 35,000 In addition to the economic loss of the expense of the earthwork hauling, if the;sol 's allowed to be placed on the south side of the road, 8 citiona lots are created that would have a market value of so a 96,000. Reducing the marketing cost of the lots by the developm nt co and adding the hauling cost results in a total economic loss .tie developer of approximately $100,000 should this area not be all wed to be filled and lots created. Also, by this development bein allowed, the County's tax base is increased and the infrastructio ing of roadways, sanitary sewers, water lines, etc. are more of 'ciently utilized. Y A Mr. Kevin Martin April 21, 1992 Page 2 I would appreciate your review of this submitted information and would welcome any questions you may have. Yours very truly, M tKKIZER, INC James M, P.E JMK:boa Encl. cc: Mr. Dohn Broadwell i • e HA`i'-2G-1992 09: 53 FROM MOORMAI.1I I.IZER' ?Ir['I ` TO 1 19 .=?1 "2 P.02. 02 r@y a - • a _\ ? ' /? ?.? ?? po a., 4' ..) ?.--•V ?? fl ?; • ?r f? .7Ci1 ?' l?? ( `I ••.i ; :a/ - sY• .'apP '. ppt ,, 1 ? •?4 ?!? .r,? •- ?' °iry7• ? ? J. 4:' ••?;? .? • ? •''? .r? •J? 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V' ?: 17 ?• -a?F•;'; dX+ik'"y?`y??'r • ? •'' ? ? % ? ??-'?>?y?•-4. ' ?`?'' ••r •" ':s• ..•' •?` ?' rr','/ ! _ __ ?. • •00!lr?? }? : ? ."?a'?•'Y^.{s•^ ?? +`` 111 n: r ?fJ ? r ' ?? ? • •+" 1?+.?? 13?1i ??f (- ? a s • ::;;:e •:/. ,? :,, A°? ?,\r +„'1/.• +,}7?• •.'?' ?r 1 :+.'; dl ri4?? ,• i ?_' i+i1 n'• • •'p4 _I 1/1 J 'Ct,?,,` r$?•ty;+. '. `; _'' , ?G, `sn' 4'`•' ? ,? lei. `r'\ ?4_ jl ,•-.\ ?,I /: - E •??• •?? ?'vs`+_ !r 'a * s'. ?,C .?? '?'\• ••u?- ? s?<-'r? 4,•r• { :11° •.,.c .?+..t. `? y >. 41, . ?, vlra a •^ir; SF.. `\.£•.. -1, ,,, J.:' 4 t, a^/?• ^a:l'r%.' r•? •%'?+ _-+ y"t14. r/ r.,,; ?. 1 ?1 • k ? •}??.•` ? t ,;,,? ' ? yai' r ?, ;, .y?' ?\ r ? :. 4kh Too ?;, ?,o •'.'r 'y??'?.r::.••i.• r@ {:..? \' rr '.thy" w`9` ,,_?'.. ?\?j . •.1:.' >s? -?- ?• . / - ? __ ..,?. 1' 9... ?••'` \ 't ???? ??qq . , s' ._?Yt?-' `• C' - Y??',`i'"O•' i.. .'.}I9rot `1 ?:,' }., t ? ` i•. 'st "'?? r®A?r t'• •'_ ••/6i??• lr,'.???.•' 1? •?'. ij!.1 •?*i,.?.F?•• `'ya l ?1•,T..:- •c?'? J,.?:_?rrr ??.y? -i • _ !! :. ?, 1k t!•:•. ••??'!ti'. ?•Y „ _ -':?? y°, c:,b! ll-.•.&i•? I!r c • •? _ : • c1.k0 _v 1 / a .• °?? •y ?"•4?`ey,_ ;Y:,. ,? f t_ ;'1;'C\Y?r? `!:s??A1 sl,?,,_.^,°`?? -,?? tfi "!s. `fi't '', '(I r; i :. e•.•'?7. r.'av!!ea__-f=?; ,F •. tl .. i •{ '" t f , ' ?li'';•`'' _r ?; ?i.3;•.. .?•''t•-y .. y`? :,.,.ay..••4 +,. f ?' J:. .^-)J ./' F?•• _ `?i. T_ o .,:y'Z?lt J , a.: pane' li`:ru .•.i : Y.. ('r' ?:tca'';, ' e % I m;ow`er••; ,• . 7,OI0000 FE?'r 5i v.1" r 3a 0• Mapped by the Army Map Service Published for civil use by the Geological Survey rAYE77` v?t.G? Quho A tX10 Ccr+trol ey USGS, USC&GS, and USCE 3- 1 Topoftraphy from aerial photographs by photogrammetriC methods Aerial photographs taken 19a6-1947• Planimetric detail revised T fTQrn aerial photographs taken 1955. Field c`+etk 1957 Polyconic proiection. 1927 North American datum it kK I0,000.foot grid based on North Carolina coordinate systen+ i I000'meter Universal Transverse Mercator grid ticks, zone i/ 1 shown in blue z = .. ..-- -___ ._ .•.....?........ APPROXIMATE MEAN , • 4 s COORDINATOR: TIME: ! I DATE: 2/ 19 /12.COUNTY: CiA fiber fQ#Vd NEAREST TOWN: Fa4 r He J, I I WATERWAY: QUAD: LOCATION:` PROPERTY OWNtER:(NAME/ADDRESS) PARTY UUING WORK: (NAME/ADDRESS) Menrwt& 4 Kizer Soil 4+ ?"iy/rgometi4al Causulfkw1S INC_ 3f31A 81aud !2d (3ax S31774 r_?._y?.?,!tr NC 28365 kclei NC .27 0 J s„Rawett Trae4' _ Pii()NG: (R)Q) a8`f _ s-!?/ PJLONE: (?) 190- 41! _ O'rljER LNDIVLUUALS PRESEN'r: 5+cyG Ch?,9(i.v ?Cer/J't? ?+? ?i`1^ Lam/zir Jr. IS PROPE1trY UNIFORM ? OR SEPARATE DISCRETE VEGETATIVE UNLI-) ---------------------------------------------------- Do normal environmental conditions exist at the plant community? Yes ? No (If no, explain on back) Has the vegetation, soils, and/or hydrology been significantly disturbed? Yes -_ No (If yes, explain on back) ------------------------------------ VEGETATION: (IN ORDER OF DOMINANCE, DRAW LINE ABOVE NON-DOMINANT SPECIES) TREES: SPECIES---% COVER--INDICATOR GROUND COVER: SPECIES-% COVER-INDICATOR 1. PlOw TADEA Go% FAc 1. 2\ Qu EQCus FA1 CATA 46 7o FAc u - 2. 3. 3. 4. 4. 5. 5. SAPLINGS/SHRUBS: 6. 1. A UVOINIA GIGAWTEA 15q, rAcLj 7. 2. 8. 3. WOODY VINES: 4. 1. 5. 2. Percent of dominant species that are OBE, FACW, and/or FAC 75,% Is the hydrophytic vegetation criterion met? Yes ? No Rationale: SOILS Sed9s/phase• b l a a e.t l o 4 m - Q is +t e b e d -Subgroup.2 Is the soil on the hydric soils list? Yes No ? Undetermined Is the soil a Histosci? Yes No y Histic spipedon present? Yes No L, is the soil: Mottled? Yes No ?' Gleyed? Yes No e Colors: Matrix Color: _-L y s l Mottle k Other hydric soil Indicators. isyw sa, Is the hydric soil criterion met? Yes No V Rationale: HYDROLOGY Is the ground surface inundated? Yes No ? Surface water depth: Is the soil saturated? Yes No ? Depth to free-standing water in pit/soil probe hole: > qe It List other field evidence of surface inundation or soil saturation. iS the wefl?nd hv, dre! -- crN°rian met? Yes No ? Rationale: JURISDIC71ONAL DETERMINATION AND RATIONALE Is the plant community a wetland? Yes No ? ?? a Rationale for jurisdictional decision: 5o z 4 ra I ag y PHOTOS TAKEN: YES NO AUTHORITY: 10 404 10/404 NONE_ .JURISDICTION: ABOVE HEADWATERS ISOLATED- ADJACENT NWP'# DETERMINED BY: f- ? ti COORDINATOR: o TIME: LL: DATE: Z 9 /f Z. COUNTY: d t4 M 6 er/a wCl ? - NEARL':ST TOWN: wvHev,11 a WATERWAY: QUAD: LOCATION: - PROPF.RTY OWNER:(NAME/ADDRESS) PARTY DOING WORK:(NAME/ADDRESS) J K/icr 56i l d &lyi 6ou clu4al C"saNay4-5 M . Zvc eermn? O riex 33774 3AIS Qlaord Rd E. - - -{a eHavil e, NC .2. A3DS aleicrl,,me, A7Gos ?? ?cl we LL l_ Trac 1' _ PHONf:: (4t9) $ l?r PHONE: ( 15 790 -4117- OTHER INDIVIDUALS PRESENT: 5?-cVe Ckc,DI •,% CCorn'3) GNCl Tin:, ?tZCr Jr, IS PROPERTY UNIFORM ? OR SEPARATE DISCRETE 'P VEGETATIVE UNITS ------------------------------ ----- --- --------- ---- Do normal environmental conditions exist at the plant community? Yes _ No (11 no, explain on back) Has the vegetation, soils, and/or hydrology been significantly disturbed? Yes _ No V_ (If yes, explain on back) --------------------- --- --------------------------- VEGETATION: (IN ORDER OF DOMINANCE, DRAW LINE ABOVE NON-DOMINANT SPECIES) TREES: SPECIES---% COVER--INDICATOR GROUND COVER: SPECIES-y COVER-INDICATOR 1.AlyS5A AZ?UATJCA 5o% opL 1.1-1614STRtIM SINENSE /6`26 FAC 2. ARuN 01,vA G1&AorV-A /5% 2. ACER A4*Mpt- c-' irct 30")o Foe FAcAt - 3. 3. [.O N r c Ek a JA P ON /C R 51% FAc - 4. 4. 5. 5. SAPLINCS/SHRUBS: 6. 1. II EX Cok/ACEq /5071D FACW 7 2. PERSEA f3oeB OWA 16 02, FACW 8. 3. WOODY VINES: 4. 1.SIMLAX 502, FAC. 5. 2. Percent of dominant species that are OBL, FACW, and/or FAC 106 96 Is the hydrophytic vegetation criterion met? Yes V No Rationale: SOILS Series/phase: 13 ? b.b Subgroup:2 Is the soil on the hydric soils list? Yes ? No Undetermined Is the soil a Histosol? Yes No y Histic epipedon present? Yes No V Is the soil: Mottled? Yes No Gleyed? Yes No Matrix Color: inYX Mottle Colors: Other hydric soil indicators: Is the hydric soil criterion met? Yes ? No Rationale: HYDROLOGY Is the ground surface inundated? Yes No ? Surface water depth: Is the soil saturated? Yes ? No 1,241 Depth to free-standing water in pit/soil probe hole: ListS?w61leri evidence Tr of surface inundation or soil satuSration. Is the wev!and hydro! ;y criterion met? Yes ? No Rationale: JURISDICTIONAL DETERMINATION AND RATIONALE Is the plant community a wetland? Yes ? No Rationale for jurisdictional decision: yeg 4-,2 1, PHOTOS TAKEN: YES NO AUTHORITY: 10 404 10/404 NONE_ JURISDICTION: ABOVE HEADWATERS ISOLATED- ADJACENT NWP"# DETERMINED BY: V I I II i i i I ( ( ( - ;'• rt En 0 rt r 7 13, rt N JW 9 N • ;\.r/ too in r ,3.51 ? ? , , ? ??' ? '?? ,.• ? --- •? 7-1 r.t• , DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGIN P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO January 14, 1993 Regulatory Branch Action ID. 199201287 Nationwide Permit No. 26 (Headwaters and Isolated Waters) Mr. Don Broadwell Broadwell Land Company Post Office Box 53587 Fayetteville, North Carolina 28305 Dear Mr. Broadwell: Please reference your application dated May 20, 1992, to place fill material in approximately 1.5 acres of jurisdictional wetlands located above the headwaters of an unnamed tributary to Beaver Creek, on the west side of S.R. 1106 (Baily Lake Road), Fayetteville, Cumberland County, North Carolina. According to information supplied to us by the North Carolina Division of Environmental Management, we understand that revisions to your project have been made and impacts to waters and wetlands now total 0.32 acres. For the purposes of the U.S. Army 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; or 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. 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. .4 `". -2- 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. Questions or comments may be addressed to Scott McLendon, Wilmington Field Office, Regulatory Branch, telephone (919) 251-4725. Enclosure Copies Furnished (without enclosure): Mr. John Parker North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 h. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Sincerely, G. Wayne Wright Chief, Regulatory Branch Mr. Ken Averitte Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 225 Green Street, Suite 714, Fayetteville, North Carolina Mr. Kevin Martin Soil and Environmental 3818 Bland Road Raleigh, North Carolina Wachovia Building 28301 Consultants 27609