19930772 Ver 1_COMPLETE FILE_19930913

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
July 21, 1993
Action ID. 199303116 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 March 22, 1993 meeting with Messrs. Scott McLendon
and Mike Smith of my staff in the Wilmington District Office. Also present was
your consultant, Mr. Robert N. Needham. The purpose of this meeting was to (1),
discuss previous filling in the Windtree Subdivision and (2), discuss your
proposed fill of 0.59 acres of jurisdictional wetlands located above the
headwaters of Buckhead Creek in the Buckhead subdivision, near the Rockfish and
Aberdeen RR,.Cumberland County, North Carolina.
Based on information provided at this meeting, it was determined that
approximately 2.74 acres of fill located at the end of Kinkead Court in the
Windtree. Subdivision was placed in 1979. In as much as fills located "above the
headwaters" were not regulated prior to 1982, this fill is considered
grandfathered and not subject to our regulatory authority.
With respect to the Buckhead Subdivision, you propose to relocate a
previously ditched stream channel and impact approximately 0.5 acres of
jurisdictional wetlands on Lot #'s 152, 153, and 154. In addition, you propose
to mitigate these adverse impacts on a 1:1 basis by removing historical fill in
wetlands on lot #'s 160, 161, and 162.
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; 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.
This verification will be valid for two years from the date of this letter
unless the nationwide authorization is modified, reissued or revoked. Also,
this verification will remain valid for the two 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

2
authorization. If during the two 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 twelve 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 [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copies Furnished (without enclosure):
Mr. John Parker Mr. Ken Averitte
North Carolina Department of Division-of Environmental
Environment, Health and Management
Natural Resources North Carolina Department of
Post Office Box 27687 Environment, Health, and
Raleigh, North Carolina 27611-7687 Natural Resources
22.5 Green Street, Suite 714, Wachovia
Mr John Dorney Building
W ter Quality Section Fayetteville, North Carolina 28301
Division of Environmental Management
North Carolina Department of Mr. Robert Needham
Environment, Health and Route 1, Box 36-10
Natural Resources Winnabow, North Carolina 28479
Post Office Box 27687
Raleigh, North Carolina 27611-7687
State of North Carolina IVA
Department of Environment,
Health and Natural Resources AT4 7**'D*AJ
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
E H
A. Preston Howard, Jr., P.E., Director
October 4, 1993
Mr. Don Broadwell
Broadwell Land Co.
P.O. Box 53587
Fayetteville, N.C. 28305
Dear Mr. Broadwell:
Subject: Proposed fill in Wetlands or Waters
Stream relocation
Cumberland County
DEM Project # 93772, COE 199303116
Upon review of your request for 401 Water Quality Certification
to place fill material in 0.65 acres of wetlands or waters which are
tributary to Buckhead Creek for stream relocation located on Raeford
Road in Cumberland County as described in your submittal dated 7
September 1993, we have determined that the proposed fill can be
covered by General Water Quality Certification No. 2671. 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. Annual Reports of mitigation progress shall be sent to DEM
for three years.
If this Certification is unacceptable to you, you have the right
to an adjudicatory hearing upon written request within thirty (30)
days following receipt of this Certification. This request must be in
the form of a written petition conforming to Chapter 150B of the North
Carolina General Statutes and filed with the Office of Administrative
Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. Unless such
demands are made, this Certification shall be final and binding.
If you have any questions, please contact John Dorney at 919-733-
1786.
Sincerely,
estop Howard,. P.E.
93772.1tr
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Wilmington Field Office
Wilmington DEM Regional Office
Mr. John Dorney
Central Files
Robert Needham; Needham, Jernigan & Associates
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
MEMORANDUM PRINT NAMES-
Reviewer:
/
TO: John Dorney WO Supv.:
Planning Branch DATE :
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (USE: N/A FOR NOT APPLICABLE) ***
PERMIT YR: 93 PERMIT NO: 0000772 COUNTY: CUMBERLAND
APPLICANT NAME: WINDTREE SUBDIVISION
PROJECT-TYPE: RECHANNELIZE STREAM PERMIT-TYPE: NW26
COE_#: DOT-#:
RCD_FROM_CDA: APP DATE_FRM_CDA: 09/10/93
REG_OFFICE: FRO RIVER_AND_SUB_BASIN_#: 05,0(,t5
STREAM-CLASS: C_
STR_INDEX_NO : I T - 31-Z4 -0
WL_IMPACT?: ON WL_TYPE:
WL_REOUESTED : ("p S ? WL_ACP._EST? : Y//G)
WL_SCORE(#): WATER IMPACTED BY FILL?: QY'N
HYDRO_CNECT?: ON MITIGATION?:LYjN
MITIGATION_TYPE: &xCA\/,,trty.J D??'/??? T G( MITI GATION_SIZE: e ? Z_ 6C
IS WETLAND RATING SHEET ATTACHED?: Y&)
RECOMMENDATION (Circle One): ISSITE ISSUE/COND DENY
COMMENTS : s7?z?4? ? S a?t?i? rrJRG? ??tGtE- 5 SI odes,
4,, U ft r ?v W t (4,,AS ? ? PO?vr1a ! J"? n 6 ?
0/ re

cc: Regional Office
Central Files
DEM ID: v ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit ##): a
JOINT FORM. FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENT
DEPARTMENT OF THE-ARMY NC DEPARTMENT OF ENVIRO prl }j
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535 SEP 1993 ? 4 .J
ATTN: CESAW-CO-E -Raleigh, NC 27626-0535
Telephone [phone] ATTN: MR JOHN DORNEY
Telephone [phone] -?° - `
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO TJiECORP-S-'OR?ENGINEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: T) 0 n 13 r o ad w e_1 I
2. Owners Address: N roa4w e,t l Lance 'Coy->,?any , P• D. 1$o, 535F'7 rau e ff e v i I (c . NC-. a 8305
3. Owners Phone Number (Home): - (Work): A 1 '!' Y - 511'3
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
lRoloer+- CUeedharn N2eo?ha?r.? ri?gav. assoc., DAC
RlVS.r 371- (Poe.).
(,J 1 r1%n,iz 66L,j,' NC- D'94111,
5. Location of work (MUST ATTACH MAP). County: & ,Lm be-r land
Nearest Town or City:
e- v i •e-
Specific Location (Include road numbers, landmarks, etc.):
to] Solis k
re.rA Creek Dr. ( I 6?ockk or,.,-V of All Ameri cr-?• Pr
eroo-er? 1xc,ins ih ?our4 block oh lY??
6. Name of Closest Stream/River: 6uc.kV\ omd Creek a { ri bw-4-ar4 o? LCifle. F.vc k?isi? Cr c e/<
7. River Basin: rxo e. Pt"'r° v 10- P10 ck - ?i s k C re_ e.k
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [) NO [e
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [4"'
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
a.3v acres
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0. 59 t . 0, v ?
Drained: h0 n,-c
Flooded: ho n
Excavated: no n ?-
Total Impacted: 0: 5 S c e yT,; [ i o
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
R
IN REPLY REFER TO July 21, 1993
Regulatory Branch
Action ID. 199303116 Nationwide Permit No. 26 (Headwaters
Mr. Don Broadwell
Broadwell Land Company
Post Office Box 53587
Fayetteville, North Carolina 28305
Dear Mr. Broadwell:
A 'e.2 199
q
RFC Fi?T
and Isolated Q " )
H
Please reference your March 22, 1993 meeting with Messrs. Scott McLendon
and Mike Smith of my staff in the Wilmington District Office. Also present was
your consultant, Mr. Robert N. Needham. The purpose of this meeting was to (1),
discuss previous filling in the Windtree Subdivision and (2), discuss your
proposed fill of 0.59 acres of jurisdictional wetlands located above the
headwaters of Buckhead Creek in the Buckhead subdivision, near the Rockfish and
Aberdeen RR, Cumberland County, North Carolina.
Based on information provided at this meeting, it was determined that
approximately 2.74 acres of fill located at the end of Kinkead Court in the
Windtree Subdivision was placed in 1979. In as much as fills located "above the
headwaters" were not regulated prior to 1982, this fill is considered
grandfathered and not subject to our regulatory authority..
With respect to the Buckhead Subdivision, you propose to relocate a
previously ditched stream channel and impact approximately 0.5 acres of
jurisdictional wetlands on Lot #'s 152, 153, and 154. In addition, you propose
to mitigate these adverse impacts on a 1:1 basis by removing historical fill in
wetlands on lot #'s 160, 161, and 162.
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; 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.
This verification will be valid for two years from the date of this letter
unless the nationwide authorization is modified, reissued or revoked. Also,
this verification will remain valid for the two 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
1
authorization. If during the two 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 twelve 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 [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. John Dorney
Water Quality Section
Division of Environmental
North Carolina Department
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina
Ken Averitte
Nte
of Division of Environmental
Management
North Carolina Department of
Environment, Health, and
27611-7687
Management
of
27611-7687
Natural Resources
225 Green Street, Suite 714, Wachovia
Building
Fayetteville, North Carolina 28301
Mr. Robert Needham
Route 1, Box 36-10
Winnabow, North Carolina 28479
DEM ID:? ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit #): a 4
F JOINT FORM FOR
Nationwide permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401certification.
WILMINGTON DISTRICT ENGINEER WATER QUALITY PLANNING
CORPS OF ENGINEERS DIVISION OF ENVIRONMENT
DEPARTMENT OF THE ARMY NC DEPARTMENT OF ENVIRO
P.O. Box 1890 AND NATURAL RESOURCES
Wilmington, NC 28402-1890 P.O. Box 29535
ATTN: CESAW CO-E Raleigh, NC 27626-0535 SEP I O 1993
Telephone [phone] ATTN: MR. JOHN DORNEY
Telephone [phone]
WETLA, 55 -s ;,fiJ
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO Gf[EERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT .
1. Owners Name: Don 13 roaAw e.( I
2. Owners Address:
3. Owners Phone Number (Home): - (Work): (cllej) q g y - 51f3
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
Rokr4- YU e f.d.haw, - N eeoR.ha?ry.?---?rt l4 r' Assoc., I'nc .
2-15"1 Riytr 1 . S. t=. 614) 371- &tg i
(.,J i ^v0. buw? N C ag ?i'19 ,
5. Location of.work (MUST ATTACH MAP). County: e um be.r Iand
Nearest Town or City: f= a.!A. e-if e vi I I -e-
Specific Location (Include road numbers, landmarks, etc.): US '10 1 so- A (P-4 e Fork
hiAltik owA-o re.rn Cntek Dr. bloce_ wts-,' o-F N1 Arner? c,u?, kretko,+1
J
Proocri4 ?eGi nS ih Lxr" block on It
?-I•
6. Name of ClosestStream/River. PuakhtJ_ C.rett k a ? ri 6m;6-,r!4 o? L*ie- Rvc.kCi,.k Cr-F,
7. River Basin: 0"e_ Pto_r° v?a fucktr-'?sly Cree-k
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS 11? YES [ ] NO [ y''
9. Have any Section 404 permits been previously requested for use on this property? YES [ ] NO [e
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
.? .3o acres
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: 0. 59 t '0.64
Drained: h o v?
Flooded: ho A -C
Excavated:
o n 4-
Total Impacted: 0. (a 5 ' r Se t m; ?-'?
Needham, Jernigan
& Associates, Inc.
Environmental Consultants Robert N. Needham [phone]
Leon S. Jernigan, Jr., Ph.D. (919) 8947882
2737 River Rd. SE, Winnabow, N.C. 28479
7 September 1993
Mr. John Dorney
DEM
P.O. Box 29535
Raleigh, Nc 27626-0535
Dear Mr. Dorney:
Attached is a PDN for a proposed fill by Mr. Don Broadwell in Fayetteville. Wetlands
onsite are above headwaters and have been historically disturbed. Aerial photo research was
submitted to Corps indicating all historic disturbance was prior to 1984 change in
Nationwide Permits. The Corps concurred with findings of NJ&A (see attached Corps letter
of 21 July 1993).
NJ&A feel a brief description of existing wetlands necessary. Area 1 (to be filled) resembles
a wide ditch through uplands as a result of historic fill. Water source is an approximate 60"
storm drain which. collects runoff from existing high ground development. Due to flows
from runoff and original wetland soils, NJ&A referred to Area 1 as a "channelized stream".
We do not want the term "stream" to invoke a "pristine" image of what functions and
appears as an "open ditch" through high ground.
Wetland vegetation associated with Area 1 should become established in the relocated
stream/ditch parallel to the railroad right of way (area 5). Thus, filling of Area 1 does not
result in permanent loss of wetlands.
Additional onsite mitigation is proposed by removal of historic fill which was authorized by
Nationwide Permit prior to 1984. Area 2 is historic fill covering a storm drain. Area 3 is
historic fill access road for maintenance dredging of stream/ditch continuation from Area
1. Historic fill in Area 6 will be removed up to the sanitary sewer easement. The applicant
does not wish to remove fill covering the sanitary sever for concerns of damage or breakage.
Removal of historic fill in areas 2,3, & 6 will result in abandonment of plotted lots 160, 161
& 162. Proposed cul-de-sac access to these lots will be abandoned. Lots 165 & 164 will be
extended to include remaining upland portion of lot 163 which will then be abandoned.
Timber was harvested from wetland portion of lots 160-163 approximately 3-6 years ago.
Early stages of vegetation succession exist. Areas of proposed mitigation are former
wetlands. Historic fill material will be removed to pre-existing hydric soil levels.
Regeneration of wetland vegetation is expected to be successful and similar to adjoining
wetlands. Total mitigation of areas 2,3 & 6 is approximately 0.62 acres plus area of new
ditch/stream along railroad right-of-way which contributes 0.65 acre. The project will result
in a 0.62 acre increase of wetland area.
Should you or your staff have questions regarding this project please call [phone].
If your staff wishes to make an onsite inspection please notify our office or Mr. Broadwell.
We will be available for onsite questions.
Sincerely,
A?L?
Robert Needham, President
cc:
Don Broadwell
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
July 21, 1993
Action ID. 199303116 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 March 22, 1993 meeting with Messrs. Scott McLendon
and Mike Smith of my staff in the Wilmington District Office. Also present was
your consultant, Mr. Robert N. Needham. The purpose of this meeting was to (1),
discuss previous filling in the Windtree Subdivision and (2), discuss your
proposed fill of 0.59 acres of jurisdictional wetlands located above the
headwaters of Buckhead Creek in the Buckhead subdivision, near the Rockfish and
Aberdeen RR, Cumberland County, North Carolina.
Based on information provided at this meeting, it was determined that
approximately 2.74 acres of fill located at the end of Kinkead Court in the
Windtree Subdivision was placed in 1979. In as much as fills located "above the
headwaters" were not regulated prior to 1982, this fill is considered
grandfathered and not subject to our regulatory authority.
With respect to the Buckhead Subdivision, you propose to relocate a
previously ditched stream channel and impact approximately 0.5 acres of
jurisdictional wetlands on Lot #'s 152, 153, and 154. In addition, you propose
to mitigate these adverse impacts on a 1:1 basis by removing historical fill in
wetlands on lot #'s 160, 161, and 162.
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 l 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.
This verification will be valid for two years from the date of this letter
unless the nationwide authorization is modified, reissued or revoked. Also,
this verification will remain valid for the two 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 two 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 twelve 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 [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
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
Mr. John Dorney
Water Quality Section
Division of Environmental
North Carolina Department
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina
225 Green Street, Suite 714, Wachovia
Building
Fayetteville, North Carolina 28301
Mr. Ken Averitte
Division of Environmental
Management
North Carolina Department of
Environment, Health, and
Natural Resources
Management /
of ?.Mf. Robert Needham
d Route 1, Box 36-1.0
Winnabow, North Carolina 28479
27611-7687

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Branch
July 21, 1993
Action ID. 199303116 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 March 22, 1993 meeting with Messrs. Scott McLendon
and Mike Smith of my staff in the Wilmington District Office. Also present was
your consultant, Mr. Robert N. Needham. The purpose of this meeting was to (1),
discuss previous filling in the Windtree Subdivision and (2), discuss your
proposed fill of 0.59 acres of jurisdictional wetlands located above the
headwaters of Buckhead Creek in the Buckhead subdivision, near the Rockfish and
Aberdeen RR, Cumberland County, North Carolina.
Based on information provided at this meeting, it was determined that
approximately 2.74 acres of fill located at the end of Kinkead Court in the
Windtree Subdivision was placed in 1979. In as much as fills located "above the
headwaters" were not regulated prior to 1982, this fill is considered
grandfathered and not subject to our regulatory authority.
With respect to the Buckhead Subdivision, you propose to relocate a
previously ditched stream channel and impact approximately 0.5 acres of
jurisdictional wetlands on Lot #'s 152, 153, and 154. In addition, you propose
to mitigate these adverse impacts-on a 1:1 basis by removing historical fill in
wetlands on lot #'s 160, 161, and 162.
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; 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.
This verification will be valid for two years from the date of this letter
unless the nationwide authorization is modified, reissued or revoked. Also,
this verification will remain valid for the two 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
t
2
/authorization. If during the two years, the nationwide permit authorization
expires or is suspended or revoked, or is modified, such that the activity would
y 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 twelve 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 [phone].
Sincerely,
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
Mr. 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
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, Wachovia
Building
Fayetteville, North Carolina 28301
?.Mf. Robert Needham
Route 1, Box 36-10
Winnabow, North Carolina 28479
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