19920057 Ver 1_COMPLETE FILE_19920101 (2)

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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
February 28, 1991,
Robert Moul
Land Management Group
Post Office Box 2522
Wilmington, North Carolina 28402
Dear Mr.'Moul:
George T. Everett, Ph.D.
Director
Subject: Proposed Fill in Headwaters or Isolated Wetlands
Fairway Forest Subdivision after-the-fact
Cumberland County
DEM Project # 92057
Upon review of your request for Water Quality Certification to
place fill material in 3.7 acres of wetlands for residential
development located at Hope Mills 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,
j?)
"eo ge T. Everett
GTE:JD
Attachment
cc: Wilmington District Corps of Engineers
Fayetteville Regional Office
Mr. John Dorney
Central Files
REGIONAL 01-FICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Sales,
704/251-6208 919/480-1541 7()4/663-1699 919/571-4700 919/946-(A81 9191395-3(Xx) 919/896-7(X)7
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 1clephone 919733-7015
An Equ.d ()pf-xwnit% Affirmative Action Emplovur

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DIVISION OF ENVIRONMENTAL MANAGEMENT
February 17, 1992
M E M O R A N D U M
TO: John Dorney
Water Quality Planning
FROM: M. J. Noland, Regional Supervisor 5.f ?srr`
Fayetteville Regional Office
SUBJECT: 401 Certifications'
NC DOT, Bridge Replacement
Bridge No. 208 over Turnbull Creek, SR 2046
#92042, Cumberland County
After the Fact, NW 26
Fairway Forest, Residential Development
#92057, Near Hope Mills
Cumberland County
The subject DOT project involves the replacement of a deteriorating
bridge in southeastern Cumberland County. According to the application, an
area of approximately .09 acre will be filled to provide a stable bed for the
approaches and culverts. No significant wetland values are associated with
this site. It is therefore the recommendation of this office that the
appropriate certification be provided.
The Fairway Forest project is a request for another after-the-fact
certification. One of the developers involved in this project is a partner in
the Middle Creek-Village Commons development, also being considered for an
after-the-fact. The two projects were put on notice by the COE at or around
the same time.
According to Rob Moul of the Land Management Group, approximately 3.7
areas of wetlands exist within the development. A significant amount of that
area has been disturbed and homes built. Additional lots have been cleared
and footings poured, and a few remain undisturbed.
A site visit was conducted on February 10, 1992 and the attached wetland
rating sheet completed. This isolated wetland is considered to be of low
value (less than 10%) based on the worksheet results. Dominant vegetation
consists of pond pines and sweetgum.
Based on the site evaluation and low scores associated with this project,
it is the recommendation of this office that the requested certification be
ir Mr. John Dorney
Page 2
February 17, 1992
granted. However, the applicant(s) should also be advised of the proper
procedures to be followed in obtaining such a certification.
If additional information or clarification is required concerning either
of these projects, please contact Ken Averitte in the Fayetteville Regional
Office.
MJN/KA/mla
WETLAND RATING SYS EM WORKSHEET
Project No. or description
Location
Nearest road or town
County
a"kz
River basin
Nearest/sstrea 6-1112- and classification
Evaluator ,e
Agency and address
Date and time evaluated

Major Wetland Type \? x '5 fa? /
Approximate size of x4btland system "?.:Z acres
Approximate extent of wetlands in area/o,/5' acres
within Iles 'V I
Three most co on plant species (in order)
Soil Series (if known)
Hydrologic indicators
Direct surface hydrologic connection? YES
Existing Conditions
Drainage fry
Disturbance
Restoration otential
Restoration value
Is site known to provide habitat for rare, endangered or
threatened species?If so, list species observed or recorded.
Item No.
I. Location/Landscape
1 Natural area buffer
2 Sensitive watershed
3 Dispersal corridor system
II. Ecological Values
4 Special ecological attributes
5 Wildlife habitat
6 Aquatic life
7 Water storage
8 Streambank stabilization
9 Removal of pollutants
III. Human Values -
10 Outdoor recreation/education
11 Economic value
Total score
Site description and notes:
i14
Score (circle one)
5 0
5 4 3 2 1 0
5 4 3 2 1
5 4 3 2 1 CO
5 4 .3 2 1'
5 4 3 2 1
5 4 3 2 10 0
5 4 3 2 1
5 4 3 2 3Q 0
5 4 3 2 0
5 4 3 2 1 0

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Biel V)Fm,V. 2522
Wdmiy&a, AoWA Watol.- 28402
.Yd-.- 999-452-0009
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John Dorney
D.E.M.
P.O. Box 29535
Raleigh, N.C. 27626-0535 ?P. v'~ r
cam, °? r= C? ??,?
Dear John:
Enclosed please find an after-the-fact "401 Certification Request"
to place fill material (i.e. existing concrete, asphalt and
building materials) over front portions of 14 lots within 404
wetlands of the "Fairway Forest" Subdivision located near Hope
Mills, N.C. The gross acreage of the existing yard/lot
disturbances totals 3.7 acres as flagged by myself and surveyed by
John Davis of Fayetteville.
Steve Chapin with the Army Corps initially stopped the building
until the 404 wetlands were identified and appropriate permits were
applied for. This 401 request is a prerequisite of the Corps
Nationwide PDN permit and it is hoped that it can be processed as
expeditiously as feasible. The isolated 404 wetlands exist on a
flat plateau south of a small watershed of Rock Fish Creek (see
attached maps). It consists of typical pine flatwood vegetation
with modified hydrology (less than 24") in Pactolus Torhunta soils.
Should you need any other information please feel free to contact
me at your convenience.
Sincerely,
RwQx?-
Rob Moul, M.E.M.
Environmental Consultant
RM/dm
Enclosures: Maps
cc: Steve Chapin
Oscar Norris
John Davis

DEPARTMENT OF THE ARMY APR 5 1992
WILMINGTON DISTRICT, CORPS OF ENGINEERS &
P.O. BOX 1890 a -.. y ,.., . , ?_ ._..... .
WILMINGTON, NORTH CAROLINA 28402-1890 WrTLAN9 GROUP
... ,rv orrvz'u „tit
IN REPLY REFER TO April 7, 1992
Regulatory Branch
Action ID. 199200543, Nationwide Permit No. 26 -
(Headwaters and Isolated Waters) /j 4J L
Mr. Oscar Norris
Post Office Box 768
Fayetteville, North Carolina 28302
Dear Mr. Norris:
Reference the pre-discharge notification application dated January 13,
1992, that your agent, Mr. Rob Moul, submitted to this office. You requested
permission to impact approximately 3.7 acres of wetlands in the headwaters of
Rockfish Creek, S.R. 1115, near Hope Mills, Cumberland County, North Carolina.
The development is known as "Fairway Forest". A portion of this 3.7 acres had
already been impacted by work you were performing for residential development
purposes. On December 13, 1991 we issued you a Cease and Desist Order for
violations of section 301 of the Clean Water Act.
We are now authorizing the above referenced "after-the-fact" work for 3.7
acres of wetland impact under Nationwide Permit Number 26 (as long as the
conditions listed below are met). This permit also resolves the issue of a
violation of our regulations on your property. We are recommending, by copy
of this letter, that the U.S. Attorney take no further action in this matter
and that we consider this matter closed.
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 greater than 1 but not more than 10 acres into
headwaters and isolated waters of the United States. Your work is authorized
by this nationwide permit provided it is accomplished in strict accordance
with the enclosed conditions.
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 ar!L--under
contract to commence in reliance upon the nationwide permit will remain
authorized provided the activity i§ completed within 12 months of the date of
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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 Mr. Steve Chapin, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker
North Carolina Department
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina
Mr. Rob Moul
of Land Management Group
Post Office Box 2522
Wilmington, North Carolina 28402
27611-7687
Mr. John Do-rney
Water Quality Section
Divis*, of Environmental Management
No;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` "'
Assistant United States Attorney
Eastern District of North Carolina
Post Office Box 26897
Raleigh, North Carolina 27611