19920569 Ver 1_Complete File_19921112

X11 iNIT ee
n
DIVISION OF ENVIRONMENTAL MANAGEMENT DIV o?
March 5, 1993
M E M O R A N D U M
TO: A. Preston Howard, Jr., Acting Director
Di ision of Environmental Management
eke
In accordance with your instructions, I conducted a public hearing in
Raleigh at 7:00 pm on January 13, 1993, in order to receive comment on a
request for 401 Certification associated with a proposal to fill approximately
0.28 acres of Iris Lake near the Neuse River at Lakeside Subdivision in Wake
County. Based on completed registration forms, there were twenty-four (24)
people in attendance at the hearing. Seven (7) of those in attendance gave
oral statements. In addition, eight (8) written comments were received prior
to the close of the hearing record on February 13, 1993.
FROM: Ker T. Stevens, Water Quality Supervisor
Fayetteville Regional Office
SUBJECT: Hearing Officer's Report and Recommendations
401 Water Quality Certification Hearing
Russell Stoutt Project/DEM # 92569
Wake County
Project Summary
The applicant, Mr. Russell Stoutt, proposed to fill two (2) areas at the
north end of Iris Lake (northwest side .03 acres/northeast side 0.25 acres)
for a total of 0.28 acres. The reason given for the fill is to create enough
area for two (2) additional building lots. The proposal for mitigation is to
remove an existing 0.3 acre peninsula which would result in no net loss of
lake area.
Summary of Major Concerns
With the exception of the comments given by Mr. Stoutt's representative
(John W. Harris, P.E.) all commenters indicated that they were not supportive
of the project. The following are the main concerns expressed by both oral
and written comments:
- Contamination of the lake that would result in contamination of the
area groundwater supply
\\g?

?,W-
Mr. A. Preston Howard, Jr.
Page 2
March 5, 1993
- Additional contamination from silt
- Wetland loss
- Detrimental to migratory birds using lake
- If additional filling beyond this project was anticipated
- If the money received from the sale of the lots would go toward
repair of the dam
- Shoreline needs to be kept for recreational purposes
- Creating a greater flood potential by reducting lake capacity
- Reduction in property value
- Not in keeping with subdivision plan
- Question about ownership of area proposed to be filled
Discussion of Project Concerns
The concerns expressed at the hearing were primarily directed toward the
degradation in the quality of life and loss of some use of the lake if the
existing shoreline were further developed. The question over ownership of the
project area and the dam repair are matters that should be pursued through the
homeowners association.
There was no information given at the hearing relating to water quality
impact that had not been considered by the staff prior to the hearing. The
applicant's proposal to mitigate the lake filling by removal of the 0.3 acre
peninsula will result in no net loss of lake volume..
Recommendations
The project as proposed will not result in any loss of wetlands or lake
capacity nor does the staff review and/or comments presented at the public
hearing indicate that any significant water quality impact will be caused as a
result of this project.
-0-
Mr. A. Preston Howard, Jr.
Page 3
March 5, 1993
It is the hearing officers recommendation that a 401 Certification be
given for this project with the following stipulations:
1. That silt fencing be installed and maintained in the two (2) fill
areas to prevent further siltation of Iris Lake
2. That a coarse material be used as fill rather than clay to minimize
turbidity increases in the lake
if you have questions or wish to discuss this matter further, please let
me know.
KTS/mla
444,
ff P
IA
?
DIVISION IRONMENTAL MANAGEMENT
AieA March 5, 1993
M E M O R A N D U M
TO: A. Preston Howard, Jr., Acting Director
Di ision of Environmental Management
FROM: Ker T. Stevens, Water Quality Supervisor
IFayetteville Regional Office
SUBJECT: Hearing Officer's Report and Recommendations
401 Water Quality Certification Hearing
Russell Stoutt Project/DEM # 92569
Wake County

DIV. or
c.4 jTM 7i
SPa r?
MAR Q 199; ._u_..
T R
k. r a F
In accordance with your instructions, I conducted a public hearing in
Raleigh at 7:00 pm on January 13, 1993, in order to receive comment on a
request for 401 Certification associated with a proposal to fill approximately
0.28 acres of Iris Lake near the Neuse River at Lakeside Subdivision in Wake
County. Based on completed registration forms, there were twenty-four (24)
people in attendance at the hearing. Seven (7) of those in attendance gave
oral statements. In addition, eight (8) written comments were received prior
to the close of the hearing record on February 13, 1993.
Project Summar
The applicant, Mr. Russell Stoutt, proposed to fill two (2) area's. at the
north end of Iris Lake (northwest side .03 acres/northeast side 0.25 acres)
for a total of 0.28 acres. The reason given for the fill is to create enough
area for two (2) additional building lots. The proposal for mitigation is to
remove an existing 0.3 acre peninsula which would result in no net loss of
lake area.
Summary of Major Concerns
With the exception of the comments given by Mr. Stoutt's representative
(John W. Harris, P.E.) all commenters indicated that they were not supportive
of the project. The following are the main concerns expressed by both oral
and written comments:
- Contamination of the lake that would result in contamination of the
area groundwater supply
V
ti
MGW.

Mr. A. Preston Howard, Jr.
Page 2
March 5, 1993
- Additional contamination from silt
- Wetland loss
- Detrimental to migratory birds using lake
- If additional filling beyond this project was anticipated
- If the money received from the sale of the lots would go toward
repair of the dam
- Shoreline needs to be kept for recreational purposes
- Creating a greater flood potential by reducting lake capacity
- Reduction in property value
- Not in keeping with subdivision plan
- Question about ownership of area proposed to be filled
Discussion of Project Concerns
The concerns expressed at the hearing were primarily directed toward the
degradation in the quality of life and loss of some use of the lake if the
existing shoreline were further developed. The question over ownership of the
project area and the dam repair are matters that should be pursued through the
homeowners association.
There was no information given at the hearing relating to water quality
impact that had not been considered by the staff prior to the hearing. The
applicant's proposal to mitigate the lake filling by removal of the 0.3 acre
peninsula will result in no net loss of lake volume.
Recommendations
The project as proposed will not result in any loss of wetlands or lake
capacity nor does the staff review and/or comments presented at the public
hearing indicate that any significant water quality impact will be caused as a
result of this project.

F
Mr. A. Preston Howard, Jr.
Page 3
March 5, 1993
It is the hearing officers recommendation that a 401 Certification be
given for this project with the following stipulations:
1.. That silt fencing be installed and maintained in the two (2) fill
areas to prevent further siltation of Iris Lake
2. That a coarse material be used as fill rather than clay to minimize
turbidity increases in the lake
if you have questions or wish to discuss this matter further, please let
me know.
KTS/mla
DATE
MO DAY YR JNL DEPT/DIV
4 0 4 3 0 0
VENDOR
11 ADD 1:1 CHANGE
VENDOR NAME AND ADDRESS

Q g ed il 1 1. {'

ZIP CODE ID/CODE TAXPAYER I.D. NUMBER
Waj,d ? F =Fed ID Code
El?
REMARKS:
PAGE OF
N.C. Department of Environment, Health, and Natural Resources
Division of Fiscal Management For Division of Fiscal Management Use Only
DISBURSEMENTS ACCOUNTING CODE SHEET Audited for Payment Date
j?x( t l r 4
Prepared By Division Approval for Payment Date
CR=X
INVOICE NUMBER OR DESCRIPTION STUB TYPE ? S = Key Stub INVOICE AMOUNT
, 4-/ L a i

,

CHECK TOTAL d
PARTIAL = 1 --,

FUND
(4)
CONTROL
(4)
AMOUNT
(12) C
R
FRC
(2)
OBJECT
(4)
RCC
(4)
PROG.
(4)
DIST.
(2) PURCHASE
ORDER
(5)
p OP
ID
(2)
ASSET NUMBER
(6)
REFERENCE
NUMBER
e 7500 e -11.1

i

DEHNR XXXX (3/91)
General Accounting Section (Review 7/94) Part s (white) - Fiscal Management; Part 11 (yellow) - Division Offices
N slow
Invoice
remit to:
, f
or
LEGAL ADVERTISING LEGA
P .O. OA/R X 191T?
RALEIGH, NC 27602
ACCOUNT NUMBER
ACCOUNT NAME FOR CUSTOMER SERVICE:
73370150 NC DEPT OF EHNR 829-4586
DATE BILLED
03/12/93
BILLED TO:
NC DEPT OF EHNR r- CEjV CQ
ENVIRON. MGMT. BUDGET OFFICE Rc.
PO BOX 29535 ????pp Z
RALEIGH NC 27626-0535 AFU? r17J
D.E.M. BUDGET OFF{CE
INVOICE NR PUBLICATION DATE r ' DESCRIPTION SPACE RATE COST
TK7Y7E301 03/12/93 WATER QUALITY-JOHN DORNEY/ N 56.OOL 2.35 $131.60
03/12/93 ADDITIONAL AFFADAVIT
2.00
TOTAL DUE $133.60
?1/

APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003
(33 CFR 325) r ` Expires 30 September 1992
Public reporting burden for this collection of information Is estimated 10 average 5 hours per response for the majority of cases, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing tit colketion otlafgmtati0fll %tpplications for larger or more complex
projects. or lhoee in ecologically sensitive areas, could fake up to 500 hours. Sand comments regarding this burdwyesdmate,or any otirtf?dtt aspect of this collection of Information,
including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson
Davis Highway, Suite 1204, Arlington, VA 27202-4302; and to the Office of Management and Budget Paperwork Reduction Project (0710-0003), Washington, DC 20503. Please DO
NOT RETURN your completed form to eMw of these addresses. Send your completed forth to: .
The Department of the Army permit program is authorized by Section 10 of the Rivers and Harbors Act of 1899, Section 404 of the Clean Water Act and
Section 103 of the Marine, Protection, Research and Sanctuaries AcL These laws require permits authorizing activities in or affecting navigable waters of the
United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it
into ocean waters. Information provided on this form will be used in evaluating the application for a permit Information in this application is made a matter of
public record through issuance of a public notice. Disclosure of the information requested is voluntary; however, the data requested are necessary in order to
communicate with the applicant and to evaluate the permit application. If necessary information is not provided, the permit application cannot be processed nor
can a permit be issued.
One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application
(see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application
that is not completed in full will be returned.
1. APPLICATION NUMBER (To be assigned by Corps) 3. NAME, ADDRESS, AND TITLE OF AUTHORIZED AGENT
>4t ?: a?
? X9910 3s?3 '- too n e -
.t ..
Telephone no. during business hours

2. NAME AND ADDRESS OF APPLICANT
RUSSELL STOUT-T.__ _.
A/C ( ) (Residence)
1100 KAVAt4o -1712)-. A/C( 1 (Office)
STL . C [? t t __ - . Statement of Authorization: 1 hereby designate and authorize
RateGg? r tJ •_C • 2?(oog`--- to act in my
Telephone no. during business hours behalf as my agent in the processing of this permit application and to
furnish, upon request, supplemental information in support of the application.
acl3t_?)._8?Z-ZZoS __._ --
(Residence)
SIGNATURE OF APPLICANT
DATE
A/C (Office)
4. DETAILED DESCRIPTION OF PROPOSED ACTIVITY
4a. ACTIVITY
FLAd.IG IEMI' of FILL MA-MRIAL. OM Ubt`1D ??stc nlAT?D AS
? P?SI?ENTt?I, gut>_pltJC?_._LoT. -- -- --
?E >? /?TTAt ?N ESQ t1'1 AQS
4b. PURPOSE
THE 'FUR?051? A,"'P THS I?1>??L? FOR TkAG FILL ?Y1 -f?Rt L 1 S ?'?"o
?.t_Low Co?JSTRuc,-TtotJ a? ??5t'D?tJTtAt_ ?Aoryjtar oN L?N? T4?AT
15 ?uR?eNTLY R??o?{'DED ?( ?oNtisfl ?-oR 5?? u5? ? At??'D FaR
W u t c N 4?- E [? ? ? RQer?TtY 'PAY I Nl? `?,4X?5 ,
0wna r)
4c. DISCHARGE OF DREDGED OR FILL MATERIAL
>4?P?Ro ! rn ?T6 L 3 t q R 5 C-. Yds o F set T FILL rn AT?Rt .L v.! t t_L t3
"PL4GED ALONa 6k 114S SPOI:RIELJI.1 E of ,&,N EXISTI N6i L-"- 'E. LOT
221 wIt_L NEED t `L25 YAs (0•03A!? 5 OF SuRFpCC, EA? Amv L07 22.0
wtu. SEED ± 30-70 C,Yd5 (0.25 A55 0? SuRFacE A 6A? , A;-1-aT?1A- Or- 0.2$ Aa5 .
Omni
ENG FORM 4345, Jan 91 EDITION OF APIs 88 IS OBSOLETE. (Proponent: CECW-ON)
5. NAMES AND ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, ETC., WHOSE PROPERTY ALSO ADJOINS THE WATERWAY
OWC-M Poo LC 3112 S-recrr' DR. ; -RALFIGL?-t, 1?1, ?. ZTCP09
(jARY _ C"1?LLf?fZ j 3100 5-ro0-rr v13. j_RAL-Ia1-! ; tq•0-. 27!209.
-NfAcN' '5NY R-R 3100 BeANeR -REEK OR 1: iXLE-ICS K -N. ?. 2''llooq ;
KeNk.e-n4 VAIA.LL j 3112 BEAVGR CI.R68K 'DR TALC-1CV1-C- Z'74po`l
6. WATERBODY AND LOCATION ON WATERBODY WHERE ACTIVITY EXISTS OR IS PROPOSED
-- '5EA-INERVAI.M -
7.' LOCATION ON LAND WHERE ACTIVITY EXISTS OR IS PROPOSED
ADDRESS:
STREET, ROAD, ROUTE OR OTHER DESCRIPTIVE LOCATION
WA05 Co• N, C, 7.7(a01
COUNTY STATE ZIP CODE
CITY 0 P 'FZLSI G H
LOCAL GOVERNING BODY WITH JURISDICTION OVERETIE
8. Is any portion of the activity for which authorization is sought now complete? ? YES )KNO
If answer is "yes" give reasons, month and year the activity was completed. Indicate the existing work on the drawings.
9. List all approvals or certifications and denials received from other federal, interstate, state or local agencies for any structures, construction, discharges or other
activities described in this application.
ISSUING AGENCY TYPE APPROVAL IDENTIFICATION NO. DATE OF APPLICATION DATE OF APPROVAL DATE OF DENIAL
moms
10. Application is hereby made for a permit or permits to authorize the activities described herein. I certify that I am familiar with the information contained in the
application, and that to the best of my knowledge and belief such information is true, complete, and accurate. I further certify that I possess the authority to
undertake the proposed activities or I am, acting as the duly authorized agent of the applicant.
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 3 has been filled out and signed.
18 U.S.C. Section 1001 provides that Whoever, in any manner within the jurisdiction of any department or agency of The United States
knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact or makes any false, fictitious or fraudulent s
statements or representations or makes or uses any false writing or document knowing same to contain any false fictitious or
fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both.
(Reverse of ENG FORM 4345)
JOHN W. HARRIS , P. E.
5908 BAYBERRY LANE
RALEIGH, N. C. 27612
BILLING STATEMENT
TO : RUSSELL STOUTT
1100 NAVAHO DRIVE
RALEIGH, N.C. 27609
PROJECT : PREPARATION OF DRAWINGS AND APPLICATION FOR A WETLAND
PERMIT REQUIRED FOR SUBMITTAL TO THE ARMY CORPS OF
ENGINEERS.
DESIGN, AND DRAFTING 13.5 Hrs.
RATE $ 50.0/Hr.
SUBTOTAL $ 675.0
RETAINER $ 200.0
TOTAL AMOUNT DUE $ 475.0
?n/AKE Cocs?trf'Y -i"AX A SEAM E.NT
WAKE COUNTY REVENUE COLLECTOR CITY PROP
338 FAYETTEVILLE STREET MALL LL PEN
POST OFFICE BOX 550 VEH FEE
RALEIGH, N.C. 27602-0550 CITY TAX
-VALUE- ACRES:
REAL 20,500 5.12 WAKE PROP
DEFR 0 PARCEL-
W-H FIRE
USE 20,500 440 -0001 SPEC DIST
LL PEN
0
E CL VEH PEN
O WAKE TAX
LD
B FFALOE GRIPPIN
TON EVELOPMENT CORP
E
RI4
FEN
RALEIGH N C 27604
.00 TOTAL TAX 159.90
.00 ADVERTISING 2.50
_00 PENALTY/COST 4.00
-----------
.00 ADJUSTED TAX 166.40
PRIOR TAX PD .00
147.60 PRIOR INT PD .00
12.30 REBATES .00
.00 PRIN DUE 166.40
00 INTEREST DUE 52.37
-----------: TOTAL DUE 218.77
159.90 CURRENT PYMT. .00
(INRF)
*******************************
* BALANCE DUE 218.77
*******************************
TAX YR 1988 ACCTjj 0078176-88-
CORRECT IF PAID PRIOR TO 07101192
DUPLICATE TAX STATEMENT' 0682 BY WJ

WAKE COUNTY REVENUE COLLECTOR CITY PROP
338 FAYETTEVILLE STREET MALL LL PEN
POST OFFICE BOX 550 VEH FEE
RALEIGH, N.C. 27602-0550
CITY TAX
-VALUE- ACRES:
REAL 4,600 1.15 WAKE PROP
DEFR 0 PARCEUJ: W-H FIRE
USE 4,600 440 -0220 EC DIST
L
PEN
L
EXCL 0 VEH PEN

TOT
----
4 600
--------
WAKE TAX
BUFFALOE GR.IPPIN LD
RIVERBEND DEVELOPMENT CORP
124 FENTON ST
RALEIGH N C 27604
.00 TOTAL TAX 44.16
00
2.50
.
00 PENALTY OST
.00 ADJUSTED TAX 46.66
PRIOR TAX PD .00
40.48 PRIOR INT PD .00
3.68 REBATES .00

.00 PRIN DUE 46.66
00 INTEREST DUE 2.54
-----------_ TOTAL DUE 49.20
44.16 CURRENT PYMT 49.20
** ******************* **********
* BALANCE DUE .00
** *****************************
TAX YR 1991 ACCTjj 0183521-91-
PAID IN FULL 06108192 WJG
TAX RECEIPT 06108192 BY W,.
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NORTH CAROLINA
Wake County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and subject to
the North Carolina Division of Environmental Management Regulations in 15 NCAC
2H, Section .0500 to Russell Stoutt pursuant to an application filed on the 25
day of September 1992 to fill 0.28 acres of Lake Iris for residential
development.
The Application provides adequate assurance that the discharge of fill
material into the waters of Lake Iris in conjunction with the proposed
residential lot fill in Wake County will not result in a violation of
applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North' Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as to
prevent significant increase in turbidity outside the area
of construction or construction related discharge (increases
such that the turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That silt fencing be installed and maintained in the two (2)
fill areas to prevent further siltation of Iris Lake.
3. That a coarse-grained material be used as fill rather than
clay to minimize turbidity increases in the lake.
Violations of any condition herein set forth shall result in revocation
of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 31 day of March, 1993.
DIVISI OF E IRONMENT MANAGEMENT
A. Preston Howa P.E.
WQC# 2817
is STATF o, .
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor
March 31, 1993
Mr. Russell Stoutt
1100 Navaho Drive
Suite G-L 114
Raleigh, North Carolina 27609
Dear Mr. Stoutt:
Jonathan B. Howes, Secretary
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed lake fill for residential construction
Project # 92569, COE# 199203523
Wake County
Attached hereto is a copy of Certification No. 2817 issued
to Mr. Russell Stoutt dated March 31, 1993.
If we can be of further assistance, do not hesitate to
contact us.
Si i rely,
A. Preston Ho rd Jr. P.E.
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Regional Office
Raleigh DEM Regional Office
W . John Dor.neyl
Mr. John Parker
Central Files
p.0. Box 27687, Raleigh, Norm Carolina 27611-7687 Telephone 919-i33-4984 Fax J 919-733-0513
An Equal Opportunity Affirmative Action Employer
I P;
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Trr reference to

h?
advised that trte ?,,i?iY =. ? t' a 2t? ? ;t d L
.,._;
City of Raleigh 1s in ! C:nT pct wi LFt ?lte _YSY 1 3i
interpretation of cross section top wid tii _rat
by PEMA. Therefore, the proposed till is NOT ?z ==
regulatory floodway.
With regard to your 12/18/92 .letter, we offer :-. t nii
comments:
P.7
JAN 11 19:? ti :?cFl'1 .r
G- Wayno Wright
`["he applicat:iron dues ciearly identify the fill area via maps
Plan Vi.aw 2 And 3 of the application. If more datail. is
taepd.ad a prer.i nip. survey can be conducted . Wit -h Y-Pgard to the
flood ArnrAgp tahd ,pediment"s or pollutants, the small aMoyirt
of fill material will cause an insignificant aiteratian.
Other comments from the N.C. Wildlife Resource Commission in
effect would prohibit all development in any drai.r.age bas-in
if strictly enforced. We understand their concerns and
sympathize with them, however, we see no other alternative
for home construction.
1 n) P r 4'. Y
j. Rurpaell 'toutt
Attachments -- Sheet 4A
Shaer. 6A.
Plata View 9>2
Plan View #3
Nap of Subdivision
List of Property Owners by Lot
CC:
U. S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
355 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. John Parker
Division of C4aatal Managirtment
'North Carol.ina.'Department of Environment,
Health and Natural Rossnarces
P. O. Box 27687
Raleigh, NC 27611-7687
Mir . Jotx Dorney
Divi on'of Environmental Management
No kt Carolina Department o£ .
Enviiro,nment, Health and
Natural Resources
P. O. Box 29535
Raleigh, NC 27¢26--0535.
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-.-: STATE ,;
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street • Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor
May 12, 1993
Dr. G. Wayne Wright
Corps of Engineers
P. 0. Box 1890
Wilmington, NC 28402
Jonathan B. Howes, Secretary
W R 0
MAY 1 71993
Dear Dr. Wright:

In keeping with your request, this office has circulated to interested
state review agencies U. S. Army Corps of Engineers Public Notice Action ID.
199203523 dated September 24, 1992, which describes a project proposal by Mr.
Russell Stoutt of Raleigh. The project, involving wetland and lake fill to
increase lot size for residential use, is located on Iris Lake adjacent the
Neuse River, in Raleigh, in Wake County.
. During the course of this rather drawn-out review, all cooperating
agencies responded early on, six of the cooperating agencies submitted
comments of no objection. Additional agency comments follow:
Wildlife Resources Commission - in the fall of 1992 the Commission
objected to the project citing wetland values and lack of water
dependency as the reason. The Commission did, however, indicate
a willingness to reconsider provided the applicant clearly demon-
strated that non-wetland alternatives had been considered. (See
10/22/92 memorandum). At this point in time, the writer is unable
to make contact and determine if the Commission has received
additional information and has reconsidered its comments;
Division of Land Resources - reminds us that temporary sediment
control must be addressed in accordance with the requirements of
the City of Raleigh Local Sediment Control Program. Should a
permit be issued, we request the applicant be so notified;
Division of Environmental Management - on March 31, 1992 issued
dater Quality Certifica`t'ion No. 2817.
The writer wishes to point out for the record that the DEM received a
petition containing approximately fifty signatures opposing the project. The
petition was apparently forwarded to your staff member Eric Alsmeyer, but to
the DEM address. Therefore, your office may not have this item.
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] Fax ,# 919-733-0513
An Equal Opportunity Affirmative Action Employer
W Sox reryded/10%posl-consumer papa
Dr. G. Wayne Wright
Page 2
May 12, 1993
Additionally, it would occur to the writer, not knowing such detail, that lake
bottom ownership and the effect of the City of Raleigh flood plain rules on
proposed construction should enter into the decision-making process. Is this
a true need of the applicant or an effort to force one more building lot in
area waters and wetlands?
Should you require additional input from the state on this matter, do not
hesitate to contact this office or the commenting agencies.
Very sincerely,
Jo R. Parker, Jr.
Inland '404 Coordinator
JRP:jr/aw
cc: Wildlife Resources Commission
Land Quality
Division of Environmental Management
COE--Raleigh office
Enclosure
t
I- R

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
December 15, 1993 Fn.
IN HEI'LY HhI-I=H IU
Regulatory Branch
SUBJECT: Action ID. 199203523
qw,seli
1100 Navaho Drive, Suite G-L 114
Raleigh, North Carolina 27609
Dear Mr. Stoutt:
U
21993
The subject Department of the Army (DA) individual permit was issued to
you by this office on July 28, 1993, for a discharge of fill material into
0.21 acre of Iris Lake on Beaverdam Creek, adjacent the Neuse River, to
facilitate development of residential Lot No. 220+61 Riverbend Plantation
Subdivision, on Stoutt Drive, east of Raleigh, County, North Carolina.
On December 4, 1993, Mr. Eric Alsmeyer of my Raleigh Field Office regulatory
staff met with you on Lot No. 42 of Riverbend Plantation, at the south end of
Stoutt Drive. The purpose of this visit was to inspect unauthorized
activities you have undertaker`'within wetlands on your property.
Mr. Alsmeyer's inspection reve4fed that you have undertaken activities
involving tl discharge of dredged and fill material within surface waters and
wetlands .. located adjacent the Neuse River. You have been aware of, and have
obtained photocopies of, a plat indicating the presence and extent of
jurisdictional wetlands on the site. This survey plat was prepared by William
0. Yates, surveyor, and signed by S. Kenneth Jolly of my Raleigh Field office
regulatory staff on June 27, 1989. Several dumptruck loads of red clay
material from offsite, and material excavated from the peninsula on the west
side of the adjacent Lake Iris, as required by your July 28, 1993 individual
permit, were deposited on the lot with minor encroachment on the delineated
wetlands. In addition, your agent dredged with a dragline an area at the
south end of Lake Iris, adjacent the shore, resulting in an unauthorized
discharge of dredged material into the lake, incidental to the dredging, and
in the direct disposal of the dredged material into the wetlands on Lot No. 42.
Also, at an inspection of the subject site on December 9, 1993, Mr. Alsmeyer
found that several cubic yards of soil had been deposited in the Neuse River
as a result of your vegetation and debris removal activities on the bank.
Special Condition (i) of this approval states that "No excavated
or fill material will be placed at any time in waters or wetlands outside
the permitted fill area."
The area of wetlands impacted by your unauthorized activities is
approximately 0.1 acre. These unauthorized discharges, without prior DA
Y
-2-
approval and in violation of the subject permit you now have, are a violation
of Section 404 of the Clean Water Act (33 USC 1344).
On December 10, 1993, Mr. Alsmeyer met with you on site and confirmed that
you have satisfactorily removed the discharged materials from the wetlands and
the Neuse River and restored the previously existing grades. We are currently
in the process of determining further appropriate administrative or legal
action.
As you agreed, you should cease and desist from any further unpermitted
work within waters and/or wetlands on your property. Please note that failure
to honor your agreement to stop all unpermitted fill activities in waters
and/or wetlands will be considered a willful and intentional violation of
Federal law and will result in referral to the United States Attorney.
Thank you for your time and cooperation in resolving this matter of
importance. If you have any questions, please contact Mr. Alsmeyer, by
telephone at [phone], extension 23.
Siicerely,

George L. Cajigal
Colonel, Corps of Engineers
District Engineer
Copies Furnished:
United States Attorney 4. John Dorney
Eastern District of North Carolina Water Quality Section
310 New Bern Avenue Division of Environmental Management
Suite 800, Federal Building North Carolina Department of
Raleigh, North Carolina 27601-1461 Environment, Health and
Natural Resources
City of Raleigh Post Office Box 29535
Inspections Department Raleigh, North Carolina 27626-0535
Attn: Mr. Mike Johnson
Post Office Box 590
Raleigh, North Carolina 27602
110

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
December 17, 1993
IN HhHLY HEI-tH I V
Regulatory Branch
SUBJECT: Action ID. 199203523
Mr gl1 Stoutt
1100 Navaho Drive, Suite G-L 114
Raleigh, North Carolina 27609
Dear Mr. Stoutt:
UU U
22 2 199,'i
The subject Department of the Army (DA) individual permit was issued to
you by this office on July 28, 1993, for a discharge of fill material into
0.21 acre of Iris Lake on Beaverdam Creek, adjacent the Neuse River, to
facilitate development of residential Lot No. 220 of Riverbend Plantation
Subdivision, on Stoutt Drive, east of Raleigh, - >County, North Carolina.
On December 4, 1993, Mr. Eric Alsmeyer of my Raleigh Field Office regulatory
staff met with you on Lot No. 42 of Riverbend Plantation, at the south end of
Stoutt Drive. The purpose of this visit was to inspect unauthorized
activities you have undertaken within wetlands on your property.
Mr. Alsmeyer's inspection revealed that you have undertaken activities
involving the discharge of dredged and fill material within surface waters and
wetlands`located adjacent the Neuse River. You have been aware of, and have
obtained photocopies of, a plat indicating the presence and extent of
jurisdictional wetlands on the site. This survey plat was prepared by
William O. Yates, surveyor, and signed by S. Kenneth Jolly of my Raleigh Field
office regulatory staff on June 27, 1989. Several dumptruck loads of red clay
material from offsite, and material excavated from the peninsula on the west
side of the adjacent Lake Iris, as required by your July 28, 1993 individual
permit, were deposited on the lot with minor encroachment on the delineated
wetlands. In addition, your agent dredged with a dragline an area at the
south end of Lake Iris, adjacent the shore, resulting in an unauthorized
discharge of dredged material into the lake, incidental to the dredging, and
in the direct disposal of the dredged material into the wetlands on Lot No. 42.
Also, at an inspection of the subject site on December 9, 1993, Mr. Alsmeyer
found that several cubic yards of soil had been deposited in the Neuse River
as a result of your vegetation and debris removal activities on the bank.
Special Condition (i) of this approval states that "No excavated
or fill material will be placed at any time in waters or wetlands outside
the permitted fill area."
The area of wetlands impacted by your unauthorized activities is
approximately 0.1 acre. These unauthorized discharges, without prior DA

-2-
approval and in violation of the subject permit you now have, are a violation
of Section 404 of the Clean Water Act (33 USC 1344).
On December 10, 1993, Mr. Alsmeyer met with you on site and confirmed that
you have satisfactorily removed the unauthorized materials from the existing
grades. You are to be commended on your decision to complete this action as
required. However, this is to advise you that, after reviewing the facts
involved in this case and in light of your history of unauthorized activity in
the Riverbend Plantation Subdivision, we are considering pursuing an
administrative or civil penalty in this matter.
As you agreed, you should cease and desist from any further unpermitted
work within waters and/or wetlands on your property. Please note that failure
to honor your agreement to stop all unpermitted fill activities in waters
and/or wetlands will be considered a willful and intentional violation of
Federal law and will result in referral to the United States Attorney.
Thank you for your time and cooperation in resolving this matter of
importance. If you have any questions, please contact Mr. Alsmeyer, by
telephone at [phone], extension 23.
Sincerely,
George.L. Cajigal
Colonel, Corps of Engineers
District Engineer
Copies Furnished:
United States Attorney '\IMr. John Dorney
Eastern District of North Carolina Water Quality Section
310 New Bern Avenue Division of Environmental Management
Suite 800, Federal Building North Carolina Department of
Raleigh, North Carolina 27601-1461 Environment, Health and
Natural Resources
City of Raleigh Post Office Box 29535
Inspections Department Raleigh, North Carolina 27626-0535
Attn: Mr. Mike Johnson
Post Office Box 590
Raleigh, North Carolina 27602
MEMO
DATE:
TO:
SUBJECT:
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1000 2000 3000 4000 5000 6000
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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890 D ?'
IN REPLY REFER TO December 24, 1992 U
AN ' 71990
Regulatory Branch
Action ID. 199203523
Mr. Russell Stoutt
1100 Navaho Drive, Suite G-L 114
Raleigh, North Carolina 27609
Dear Mr. Stoutt:
On September 4, 1992, you applied for Department of the Army authorization
to discharge fill material within a man-made lake on Beaverdam Creek, adjacent
to the Neuse River, for development of two residential lots in Raleigh, Wake
County, North Carolina.
After review of your proposal, the City of Raleigh Inspections Department
submitted comments regarding your application by letter dated December 4, 1992
(copy enclosed). These comments concern impacts to the FEMA designated
floodway and indicate that the information submitted with your application is
incorrect. We recommend that you respond to these comments to provide us with
complete information in making our permit decision, or revise your application
to address these concerns.
Mr. Eric Alsmeyer of my Raleigh Field office staff, telephone (919)
876-8441, extension 23, is responsible for processing your application and is
available to assist you. Please advise us of your intentions, in writing,
within 20 days of your receipt of this letter.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure

-2-
Copy Furnished (with enclosure):
Federal Emergency Management Agency
Region 4
Attn.: Mr. Glenn Woodard
1371 Peachtree Street, N.E.
Atlanta, Georgia 30309
Copies Furnished (without enclosure):
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Ms. L. K. (Mike) Gantt
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
U.S. Environmental Protection
Agency - Region IV
Wetlands Section - Wetlands, Oceans,
and Watersheds Branch
345 Courtland Street, N.E.
Atlanta, Georgia 30365
North Carolina Wildlife Resources Commission
Attn.: Dennis Stewart
Habitat Conservation Program Manager
512 N. Salisbury Street
Raleigh, North Carolina 27604-1188
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
City of Raleigh, Inspections Department
Attn.: Mr. Mike Johnson
Conservation Engineer II
Post Office Box 590
Raleigh, North Carolina 27602
9u?
Public Hearing for 401 Certification for Russell Stoutt
Project, Wake County
Archdale Building Ground Floor Hearing Room
Raleigh, N.C.
January 13, 1993
Good evening, I would like
order. My name is Tommy Stevens
officer tonight. I am the Water
Fayetteville Regional Office of
Management. First, I would like
Environmental Management staff
any help during this hearing, pl
will be glad to assist.
to call this public hearing to
and I will be the hearing
Quality Supervisor for the
the Division of Environmental
to recognize the Division of
members present. If anyone needs
ease contact a staff member who
Mr. Ron Ferrell
Ms. Cherri Smith
Others?
The purpose of this hearing is to solicit water quality
comments from all interested parties regarding the proposed fill
of 0.28 acres of Iris Lake near the Neuse River in Wake County at
the intersection of North Beaver Land and Stoutt Drive. Mr.
Stoutt applied for a 401 Water Quality Certification on September
30, 1992. Due to concerns expressed by the public, Mr. Preston
Howard, the Director of the Division of Environmental Management,
decided to have a public hearing on the matter to gather public
input.
In order to put this meeting into perspective, I will
briefly describe the 401 Certification process. Any project
which adds fill to water or wetlands of the U.S. requires a 404
permit from the U.S. Army Corps of Engineers. This project
requires an Individual Permit from the U.S. Army Corps of
Engineers since it is in the Neuse River floodplain. The Corps
of Engineers published a Public Notice on September 24, 1992.
According to the Clean Water Act, each 404 permit needs a Section
401 Water Quality Certification from DEM. A 401 Certification is
a Certification by DEM that the project will not violate any
relevant water quality standards and regulations.
A Corps 404 permit cannot be issued until a 401
Certification is issued or waived. Our review for 401
Certification follows 15A NCAC 2B .0109 and .0201. The basic
review process is as follows. DEM first determines whether
significant, existing uses are present in the water or wetland
and whether they would be removed by the project. If these uses
are present and would be removed, the applicant must then
demonstrate that these is no practicable alternative to the
project. Practicable is defined as taking into account cost,
f
technology and logistics. If no practicable alternative is
convincingly shown by the applicant, the next review step is
whether the fill can be minimized. Finally, DEM looks for the
applicant to adequately mitigate the lost uses, primarily through
water creation or mitigation. Based on several field visits, DEM
staff identified significant uses which are provided by this
portion of Iris Lake - namely, water storage, pollutant removal,
aquatic life habitat and wildlife habitat.
With this background information, let me discuss the
schedule for this evening. First Mr. John Harris (engineer for
Mr. Russell Stoutt) will present information concerning the
design of the project. Mr. Russell Stoutt will then present the
reasons for the project and any measures taken to protect the
environment and water quality. We will then take written or oral
statements from every individual who signed up to speak at the
front table. If you missed that opportunity, please see Mr. Ron
Ferrell or Ms. Smith in the back of the room sometime this
evening. I request that you limit your comments to five minutes
in length. More lengthy, detailed comments can be made in
writing to the following address:
Mr. Tommy Stevens
c/o Mr. John Dorney
Water Quality Planning
N.C. Division of Environmental Management
P.O. Box 29535
Raleigh, N.C. 27626-0535
The hearing record will remain open until February 13 for
this purpose. Anyone wishing to make a written statement is
welcome to do so by that time. After that time, I will evaluate
all the information and statements and make a recommendation
regarding the 401 Certification and any relevant conditions. My
recommendation will be made to Preston Howard. If he decides to
deny the 401 Certification, Mr. Stoutt will either have to modify
his plans to make them acceptable to DEM or appeal the decision
through the Office of Administrative Hearings. If Mr. Howard
issues the 401 Certification, Mr. Stoutt will need to obtain a
404 Permit from the Corps of Engineers before construction can
begin.
Now I will ask Mr. Harris to explain the project and its
design.
Now I will ask Mr. Stoutt to describe the environmental
impact of the project, alternatives and any planned measures to
protect the environment and water quality.
Now I will call on citizens who have asked to speak. I will
also call the name of the next speaker and ask that she or he be
ready to speak promptly. Mr. Dorney will assist me in keeping
the speakers to five minutes. Please be considerate of other
speakers and end your comments at five minutes."
Thank you for your respectful attention during this hearing.
As I mentioned earlier, the hearing record will remain open until
February 13, 1993. After that time, I will make a recommendation
regarding the Certification to the Director of the Division.
This concludes the public hearing for the 401 Certification for
the Russell Stoutt project in Wake County.
Stoutt.her
MECHANICAL
ELECTRICAL
GENERAL MEG CONSTRUCTION COMPANY, INC.
1100 Navaho Drive • Ste. G-L 114 • Raleigh, NC 27609
Office: [phone] FAX: [phone]
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n.
January 4, 1992 7199; ?wys;
?F
WATERTLUALLIIY SECTION
G. Wayne Wright
Chief, Regulatory Branch
Department of the Army
Wilmington District, Corps of Engineers
P. O. Box 1890
Wilmington, North Carolina 28402-1890
Re: Action ID_ 199203523
Dear Mr. Wright:
In response to your letter dated December 10, 1992 we
offer the following:
A. We are enclosing a subdivision plat showing all
lots and current owners. Please note that I no
longer have any developable lots other than the two
in question (re.: 19 & 22).
No practical alternatives exist that would allow home
construction in any other location.
B. We would be open to discussions with members of your
office as to other alternatives and assure you that we
are also concerned about the ecological condition of the
area.
C. Enclosed please find copies of sheets noted 4-A and 6-A
which show the proposed mitigation area to be used with
this permit. These sheets also show the previously
mitigated area which was established when the Lake was
constructed.
In reference to your December 24, 1992 letter, please be
advised that the floodway area noted by Mr. Johnson of the
City of Raleigh is in conflict with the technical
interpretation of cross section top width data as supplied
by FEMA. Therefore, the proposed fill is NOT within the
regulatory floodway.
With regard to your 12/18/92 letter, we offer the following
comments:
G.. Wayne Wright
Page Two
January 4, i992
The appl'icaiion.d.oes: clearly identify the fill area via maps
Plan View 2 and.3 of the application. If more detail is
needed 'a precise:;survey can?be' conducted. With regard to the
flood•sto'rage and sediments or pollutants, the small amount
of .fill ,material will cause' an insignificant alteration.
Other comments from the"N,.C. Wildlife Resource Commission in
effect would .prohibit' a11.: development in any drainage basin
if strictly enforced. We understand their concerns and
sympathize with them ,,however, we see no other alternative
for•home construction:,
in erely;
i
J. Russell toutt
Attachments Sheet,14A
Sheet •1`6A
Plafr Vi,e.w: #2.
Plan. View 43:
Map of Subdivision
List, of-'Property Owners by Lot
CC:
U. S. Environmental:P-ro.tection
Agency,.- Region, IV,!,_
Wetlands Rezgulato,ry,: Unit
345 Cour,tla'nd Street. 'N`,E."
Atlanta, Georgia $0365
Mir. John` Parker
Division of'Coastal.Management,
North.: Carolina De,partment;of Anvironment,.
Health and Natural. Resources
P. 0. Box27687,
Raleigh, NC276'11-7687
Mr. ?Jo Dorney
Divi on` of" Env'jronmental Management
No h Ca.roli:na De.parament -of
8nviro.nment, Health and
Natural, Resources
P. 0. Box 29535
Raleigh,:, NC :27626-0535
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0 too 150 AT' % RAd rz to A I N, d,
VAT U M ; Us 45 (i1s tool WO NTY OF WAKE
?
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t tEY> ttl?v?t•tro DR . Da'? ? 9 - 4 - °I Z
I R4-41it AA,., tAC-• Z?6o9 twLICATIOW BY: f?LP%;U, LOUT
9

LIST OF LOTS IN RIVERBEND PLANTATION AND PROPERTY OWNERS
NAME'
LOT NO. PROPERTY OWNER
1 TIM HOY
2 MORRIS JONES
3 WILLIAM HOLT
4 WILLIAM NANTZ
5 JEROME MURRAY
6 CARL SMITH
7 KHUSHNOOD ELI
8 WAYNE CRISSON
9 JOE BAILEY
10 JOHN THATCH
11 SHANE WEBSTER
12 MEL MATHESON
13 MARY BRYANT
14 JAUDKT HINDI
15 VAN BAKER
16 ARTHUR BOESCH
17 DAVID DIXON
18 KENNETH WALL
19 RIVERBEND DEVELOPMENT
20 MARGARET FISHER
21 MARGARET FISHER
22 RIVERBEND DEVELOPMENT
23 OWEN POOLE
24 WILLIAM JONES
25 ROBERT HARRISON
26 GARY MILLER
27 PAT VICKERS
28 JOE LYLES
LOT NO. PROPERTY OWNER
29 WILLIAM KING
30 DEBORAH WISE
31 THOMAS GULISANO
32 DAN ROBBINS
33 DONALD PATE
34 PETER HORST
35 RICHARD GLICK
36 ALEX HAWKINS
37 CHARLES YAWN
38 HALEY JONES
39 JIMMY MURRAY
40 JOY BRICKHOUSE
41 NEIL FARLEY
42 RALPH KELLY
43 DR. BROOKS
44 JESSIE SHIPP
t
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
WATER QUALITY SECTION
FAX # [phone]
TELECOPY TO:
FAX
Mw "-)1tj

. 1 J `? 3 3 1 86
PHONE•
NUMBER OF PAGES, INCLUDING THE COVER SHEET:
TRANSMISSION REPORT
******************************
• t JAN
: 5
8PM
11 '93 02
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T**TT****TT****T*****T****T******T*****T*T******TTTT******T******TTTT*******TT*******TT*****
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Ali *
*
*
* DATE START REMOTE TERMINAL MODE TIME RESULTS TOTAL DEPT. FILE
* TIME IDENTIFICATION PAGES CODE NO.
*
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* JAN 11 02:52PM NRCD DCA/FAYETTEVILL G3 ST 05'36" OK 10
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MEMO
TO:
DATE:
SUBJECT:
Ao.-+
U
3D
e 0 M
From:
sfnre a
North Carolina Department of Environment,
Health, and Natural Resources
?, +Ma.+* s ? ?? Printed on Recycled Paper
dW&
.? tie. > t
¢trM vm'
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, Govenor January 8, 1993 A. Preston Howard, Jr. P.E.
William W. Cobey' Jr., Secretary Acting Director
Raleigh News and Observer
ATTN: Legal Desk
P.O. box 191
Raleigh, N.C. 27602
Dear Sir:
SUBJECT: Public Notice
On 10 December 1992, the News and Observer published a
Public Notice for a Public Hearing this coming Wednesday evening.
It has come to our attention that I made an error in the Public
Notice by stating the wrong date for the hearing. The hearing
will be in 1993 not 1992. Please publish the following brief
correction as soon as possible and before January 13th.
Thank you for your help. If this request presents any
problems, please call me at 733-1786.
n?erel ,
,?N.
Jo R. Ddrney
Wetlands and Tec ical Review Group
stoutnot.cor/jrd2
cc: Kathryn Cooper
...Raleigh DEM Water Quality Regional Office
Tommy Stevens, Fayetteville Regional Office
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington
704/751.6208 919/486.1541 704/663.1699 919/571-4700 919/946.6481
Wilmington Weston-Salcm
919/395-3900 9191896.7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh North Carolina 27626.0535 Telephone [phone]
An Equal Opportunity Atrumative Action Employer
,s .
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
DIVISION OF ENVIRONMENTAL MANAGEMENT
CORRECTED PUBLIC NOTICE FOR PUBLIC HEARING FOR 401 WATER QUALITY
CERTIFICATION, RUSSELL STOUTT PROJECT, WAKE COUNTY
On 10 December 1992, the Division of Environmental
Management published a Public Notice in the Raleigh News and
Observer for a Public Hearing for the Russell Stoutt Project
which proposes to fill 0.28 acres of Iris Lake near the Neuse
River in Wake County at the intersection of North Beaver Lane and
Stoutt Drive. The date of the hearing was in error. This Public
Notice hereby corrects the data of the hearing to be January 13,
1993 rather than January 13, 1992. All other information in the
Public Notice is still correct. For further information, call
John Dorney with the Division of Environmental Management, Water
Quality Section at 919-733-1876.

4<? v?
FILE PnD?
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, Govenor January 8, 1993 A. Preston Howard, Jr. P.E.
William W. Cobey' Jr., Secretary server
Raleigh News an d Ob Acting Director
ATTN: Legal Desk
P.O. box 191
Raleigh, N.C. 27602
Dear Sir:
SUBJECT: Public Notice
On 10 December 1992, the News and Observer published a
Public Notice for a Public Hearing this coming Wednesday evening.
It has come to our attention that I made an error in the Public
Notice by stating the wrong date for the hearing. The hearing
will be in 1993 not 1992. Please publish the following brief
correction as soon as possible and before January 13th.
Thank you for your help. If this request presents any
problems, please call me at 733-1786.
n er 1 ,
Jo R. rney
We lands and Tec ical Review Group
stoutnot.cor/jrd2
cc: Kathryn Cooper
Raleigh DEM Water Quality Regional Office
Tommy Stevens, Fayetteville Regional Office
REGIONAL OFFICES
Asheville raycncvillc Mooresville Raleigh Washington
704/'251-6208 9191486-1541 704/663-1699 919/571.4700 919/946-6481
Wilmington Weston-Salem
919/395.3900 919/896.7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh North Carolina 27 626 05 35 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
DIVISION OF ENVIRONMENTAL MANAGEMENT
CORRECTED PUBLIC NOTICE FOR PUBLIC HEARING FOR 401 WATER QUALITY
CERTIFICATION, RUSSELL STOUTT PROJECT, WAKE COUNTY
On 10 December 1992, the Division of Environmental
Management published a Public Notice in the Raleigh News and
Observer for a Public Hearing for the Russell Stoutt Project
which proposes to fill 0.28 acres of Iris Lake near the Neuse
River in Wake County at the intersection of North Beaver Lane and
Stoutt Drive. The date of the hearing was in error. This Public
Notice hereby corrects the data of the hearing to be January 13,
1993 rather than January 13, 1992. All other information in the
Public Notice is.still correct. For further information, call
John Dorney with the Division of Environmental Management, Water
Quality Section at 919-733-1876.
at.V4
v+
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, Govenor January 8, 1993 A. Preston Howard, Jr. P.E.
William W. Cobey' Jr., Secr tars Acting Director
Raleigh News and Observer
ATTN: Legal Desk
P.O. box 191
Raleigh, N.C. 27602
Dear Sir:
SUBJECT: Public Notice
On 10 December 1992, the News and Observer published a
Public Notice for a Public Hearing this coming Wednesday evening.
It has come to our attention that I made an error in the Public
Notice by stating the wrong date for the hearing. The hearing
will be in 1993 not 1992. Please publish the following brief
correction as soon as possible and before January 13th.
Thank you for your help. If this request presents any
problems, please call me at 733-1786.
nc?er-l ,
I? ?,N
Jo R. 6 rney
wee lands and Tec ical Review Group
stoutnot.cor/jrd2
cc: Kathryn Cooper
Raleigh DEM Water Quality Regional Office
Tommy Stevens, Fayetteville Regional Office
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington
70401.6208 919/486.1541 704/663-1699 919/571.4700 919/9466481
Wilmington W=on-salcm
919/395-3900 9191896.7007
Pollution Prevention Pays
P.O. Box 29535. Ralcigh North Carolina 27 626-05 3 5 Telephorn 919-733-7015
An Equal Opportunity Allirmative Action Employer
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
DIVISION OF ENVIRONMENTAL MANAGEMENT
CORRECTED PUBLIC NOTICE FOR PUBLIC HEARING FOR 401 WATER QUALITY
CERTIFICATION, RUSSELL STOUTT PROJECT, WAKE COUNTY
On 10 December 1992, the Division of Environmental
Management published a Public Notice in the Raleigh News and
Observer for a Public Hearing for the Russell Stoutt Project
which proposes to fill 0.28 acres of Iris Lake near the Neuse
River in Wake County at the intersection of North Beaver Lane and
Stoutt Drive. The date of the hearing was in error. This Public
Notice hereby corrects the data of the hearing to be January 13,
1993 rather than January 13, 1992. All other information in the
Public Notice is still correct. For further information, call
John Dorney with the Division of Environmental Management, Water
Quality Section at 919-733-1876.
MEMO
TO:
DATE:
SUBJECT:
CA?
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North Carolina Department of
Health, and Natural Resources
Environment,
09 Printed on Recycled Paper
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
WATER QUALITY SECTION
TELECOPY TO: j vVAJ
FAX NUMBER:
FROM:-- _ I-
q-usa?
PHONE.
l ?
NUMBER OF PAGES, INCLUDING THE COVER SHEET

FAX # [phone]
I
TRANSMISSION REPORT
******************************
( JAN 08 '93 09:52AM )
********************************************************************************************
* *
*
* DATE START REMOTE TERMINAL MODE TIME RESULTS TOTAL DEPT. FILE
* TIME IDENTIFICATION PAGES CODE NO.
*
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* JAN 08 09:50AM 919 829 4824 G3E ST 81'07" OK 03
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MEMO
''''''''???' DATE: ? o
TO: r ` `e- SUBJECT: :PLL"IlEC- ?t uotic2
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tee. 1
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From:
3 ns STATE a
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North Carolina Department of Environment,
Health, and Natural Resources ?°?? printed on Recycled Paper
MEMO
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TO: U?
DATE: .:]?? 1?3
SUBJECT:
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Ga?f ,e,a? a?GUCrh?Gr/ pV J»N ?3/9? .-J
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From: ?W'-i
STATE q
North Carolina Department of Environment,
Health, and Natural Resources
eq
Printed on Recycled Paper
ObARW
Invoice
for
LEGAL ADVERTISING
ACCOUNT NUMBER ACCOUNT NAME
7 RA47P 1CCPDO NC DEPT OF EHNR
D E
`+??
12/09/92
BILLED TO: l? OFFICE
DEPT
ENVIRON. O MGMT. BUDGET OFFICE
PO BOX 29535
RALEIGH NC 27626-0535
remit to:
LEGAL A/R DEPT.
P.O. BOX 191
RALEIGH, NC 27602
FOR CUSTOMER SERVICE:
829-4586
DESCRIPTION SPACE RATE COST
INVOICE NR PUBLICATION DATE
JGDD01 12/09/92 JOHN DORNEY-WATER QUALITY/ N 97.OOL 2.21 $224007
12/09/92 ADDITIONAL AFFADAVIT
TOTAL DUE $216.37
RETURN REMITTANCE COPY WITH PAYMENT
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NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
DIVISION OF ENVIRONMENTAL MANAGEMENT
NOTICE OF PUBLIC HEARING FOR 401 WATER QUALITY CERTIFICATION, RUSSELL STOUTT
PROJECT, WAKE COUNTY
Notice is hereby given of a public hearing to be held by the N.C. Department
of Environment, Health and Natural Resources on behalf of the Environmental
Management Commission concerning a 401 Water Quality Certification for fill of
0.28 acres of Lake Iris. A 401 Certification is required by the Federal Water
Pollution Control Act and certifies that all appropriate state water quality
standards will be met by the proposed action.
PURPOSE: Mr. Russell Stoutt has applied for permission from
the Division of Environmental Management to fill
about 0.28 acres of Iris Lake near the Neuse
River, Wake County for the purpose of residential
construction near the Neuse River at the
intersection of North Beaver Lane and Stoutt
Drive.
DATE/TIME: January 13, 1992 at 7:00 pm
LOCATION: Ground Floor Hearing Room
Archdale Building
512 North Salisbury Street
Raleigh, N.C.
COMMENT All persons interested in this matter are invited
PROCEDURES: to attend. Comments, statements, data and other
information may be submitted in writing prior to,
during or within thirty (30) days after the
hearing (by February 13, 1992) or may be presented
orally at the hearing. Oral statements may be
limited at the discretion of the hearing officer.
Submittal of written copies or oral statements is
encouraged.
AUTHORITY: N.C.G.S. 143-215.3 (a)(1) and (c).. Water Quality
Certification regulations 15A NCAC 2H .0503.
INFORMATION: Further explanation and details of the proposed
action can be obtained by writing or calling:
John Dorney, 919-733-1786
Wetlands and Technical Review Group
Water Quality Planning
Division of Environmental Management
P.O. Box 29535
Raleigh, N.C. 27626-0535
or
Tim Donnelly, 919-571-4700
Water Quality Section
Division of Environmental Management
Raleigh Regional Office
3800 Barrett Drive
Raleigh, N.C. 27609
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
DIVISION OF ENVIRONMENTAL MANAGEMENT
NOTICE OF PUBLIC HEARING FOR 401 WATER QUALITY CERTIFICATION, RUSSELL STOUTT
PROJECT, WAKE COUNTY
Notice is hereby given of a public hearing to be held by the N.C. Department
of Environment, Health and Natural Resources on behalf of the Environmental
Management Commission concerning a 401 Water Quality Certification for fill of
0.28 acres of Lake Iris. A 401 Certification is required by the Federal Water
Pollution Control Act and certifies that all appropriate state water quality
standards will be met by the proposed action.
PURPOSE: Mr. Russell Stoutt has applied for permission from
the Division of Environmental Management to fill
about 0.28 acres of Iris Lake near the Neuse
River, Wake County for the purpose of residential
construction near the Neuse River at the
intersection of North Beaver Lane and Stoutt
Drive.
DATE/TIME: January 13, 1992 at 7:00 pm
LOCATION: Ground Floor Hearing Room
Archdale Building
512 North Salisbury Street
Raleigh, N.C.
COMMENT All persons interested in this matter are invited
PROCEDURES': to attend. Comments, statements, data and other
information may be submitted in writing prior to,
during or within thirty (30) days after the
hearing (by February 13, 1992) or may be presented
orally at the hearing. Oral statements may be
limited at the discretion of the hearing officer.
Submittal of written copies or oral statements is
encouraged.
AUTHORITY: N.C.G.S. 143-215.3 (a)(1) and (c).. Water Quality
Certification regulations 15A NCAC 2H .0503.
INFORMATION: Further explanation and details of the proposed
action can be obtained by writing or calling:
John Dorney, 919-733-1786
Wetlands and Technical Review Group
Water Quality Planning
Division of Environmental Management
P.O. Box 29535
Raleigh, N.C. 27626-0535
or
Tim Donnelly, 919-571-4700
Water Quality Section
Division of Environmental. Management
Raleigh Regional Office
3800 Barrett Drive
Raleigh, N.C. 27609
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
DIVISION OF ENVIRONMENTAL MANAGEMENT
NOTICE OF PUBLIC HEARING FOR 401 WATER QUALITY CERTIFICATION, RUSSELL STOUTT
PROJECT, WAKE COUNTY
Notice is hereby given of a public hearing to be held by the N.C. Department
of Environment, Health and Natural Resources on behalf of the Environmental
Management Commission concerning a 401 Water Quality Certification for fill of
0.28 acres of Lake Iris. A 401 Certification is required by the Federal Water
Pollution Control Act and certifies that all appropriate state water quality
standards will be met by the proposed action.
PURPOSE: Mr. Russell Stoutt has applied for permission from
the Division of Environmental Management to fill
about 0.28 acres of Iris Lake near the Neuse
River, Wake County for the purpose of residential
construction near the Neuse River at the
intersection of North Beaver Lane and Stoutt
Drive.
DATE/TIME: January 13, 1992 at 7:00 pm
LOCATION: Ground Floor Hearing Room
Archdale Building
512 North Salisbury Street
Raleigh, N.C.
COMMENT All persons interested in this matter are invited
PROCEDURES': to attend. Comments, statements, data and other
information may be submitted in writing prior to,
during or within thirty (30) days after the
hearing (by February 13, 1992) or may be presented
orally at the hearing. Oral statements may be
limited at the discretion of the hearing officer.
Submittal of written copies or oral statements is
encouraged.
AUTHORITY: N.C.G.S. 143-215.3 (a)(1) and (c).. Water Quality
Certification regulations 15A NCAC 2H .0503.
INFORMATION: Further explanation and details of the proposed
action can be obtained by writing or calling:
John Dorney, 919-733-1786
Wetlands and Technical Review Group
Water Quality Planning
Division of Environmental Management
P.O. Box 29535
Raleigh, N.C. 27626-0535
or
Tim Donnelly, 919-571-4700
Water Quality Section
Division of Environmental Management
Raleigh Regional Office
3800 Barrett Drive
Raleigh, N.C. 27609
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
DIVISION OF ENVIRONMENTAL MANAGEMENT
NOTICE OF PUBLIC HEARING FOR 401 WATER QUALITY CERTIFICATION, RUSSELL STOUTT
PROJECT, WAKE COUNTY
Notice is hereby given of a public hearing to be held by the N.C. Department
of Environment, Health and Natural Resources on behalf of the Environmental
Management Commission concerning a 401 Water Quality Certification for fill of
0.28 acres of Lake Iris. A 401 Certification is required by the Federal water
Pollution Control Act and certifies that all appropriate state water quality
standards will be met by the proposed action.
PURPOSE: Mr. Russell Stoutt has applied for permission from
the Division of Environmental Management to fill
about 0.28 acres of Iris Lake near the Neuse
River, Wake County for the purpose of residential
construction near the Neuse River at the
intersection of North Beaver Lane and Stoutt
Drive.
DATE/TIME: January 13, 1992 at 7:00 pm
LOCATION: Ground Floor Hearing Room
Archdale Building
512 North Salisbury Street
Raleigh, N.C.
COMMENT All persons interested in this matter are invited
PROCEDURES: to attend. Comments, statements, data and other
information may be submitted in writing prior to,
during or within thirty (30) days after the
hearing (by February 13, 1992) or may be presented
orally at the hearing. Oral statements may be
limited at the discretion of the hearing officer.
Submittal of written copies or oral statements is
encouraged.
AUTHORITY: N.C.G.S. 143-215.3 (a)(1) and (c). Water Quality
Certification regulations 15A NCAC 2H .0503.
INFORMATION: Further explanation and details of the proposed
action can be obtained by writing or calling:
John Dorney, 919-733-1786
Wetlands and Technical Review Group
Water Quality Planning
Division of Environmental Management
P.O. Box 29535
Raleigh, N.C. 27626-0535
or
Tim Donnelly, 919-571-4700
Water Quality Section
Division of Environmental Management
Raleigh Regional Office
3800 Barrett Drive
Raleigh, N.C. 27609
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JOR
tia AATro
h .
'i State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street a Raleigh, North Carolina 27604
James G. Martin, Governor December 1, 1992
William W. Cobey, Jr., Secretary
Raleigh News and Observer
P.O. Box 191
Raleigh,'N.C. 27602
ATTN: Legal Ad Department
Dear Sir:
SUBJECT: Public Notice
Please publish the attached Public Notice one time in the
section set aside for Legal Advertisements in'your newspaper.
The publication should run on or before •December 8, 1992v.
Please send the invoice for publication and three copies of the
affidavit of publication to the address given below. Payment
cannot be processed without the affidavit of publication.
N.C. Division of Environmental Management
Water Quality Section
Post Office 29535
Raleigh, North Carolina 27626-0535
Attn: John Dorney
If you have any questions concerning this matter, please call
me at 919/733-1786.
Sincerely,
J n
4 Dorne
Y
401 Certifications
JRD/kls
PubNot.ltr
cc: John Dorney
Raleigh DEM Water Quality Regional Office
Steve Tedder
Tommy Stevens, Fayetteville Regional Office
Preston Howard

REGIONAL OFFICES
Asheville Fayetteville Mooresville 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 [phone]
An Equal Opportunity Affirmative Action Employer
A. Preston Howard, Jr., P.E.
Acting Director

NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
DIVISION OF ENVIRONMENTAL MANAGEMENT
NOTICE OF PUBLIC HEARING FOR 401 WATER QUALITY CERTIFICATION, RUSSELL STOUTT
PROJECT, WAKE COUNTY
Notice is hereby given of a public hearing to be held by the N.C. Department
of Environment, Health and Natural Resources on behalf of the Environmental
Management Commission concerning a 401 Water Quality Certification for fill of
0.28 acres of Lake Iris. A 401 Certification is required by the Federal Water
Pollution Control Act and certifies that all appropriate state water quality
standards will be met by the proposed action.
PURPOSE: Mr. Russell Stoutt has applied for permission from
the Division of Environmental Management to fill
about 0.28 acres of Iris Lake near the Neuse
River, Wake County for the purpose of residential
construction near the Neuse River at the
intersection of North Beaver Lane and Stoutt
Drive.
DATE/TIME: January 13, 1992 at 7:00 pm
LOCATION: Ground Floor Hearing Room
Archdale Building
512 North Salisbury Street
Raleigh, N.C.
COMMENT All persons interested in this matter are invited
PROCEDURES': to attend. Comments, statements, data and other
information may be submitted in writing prior to,
during or within thirty (30) days after the
hearing (by February 13, 1992)" or may be presented
orally at the hearing. Oral statements may be
limited at the discretion of the hearing officer.
Submittal of written copies or oral statements is
encouraged.
AUTHORITY: N.C.G.S. 143-215.3 (a)(1) and (c). Water Quality
Certification regulations 15A NCAC 2H .0503.
INFORMATION: Further explanation and details of the proposed
action can be obtained by writing or calling:
John Dorney, 919-733-1786
Wetlands and Technical Review Group
.Water Quality Planning
Division of Environmental Management
P.O. Box 29535
Raleigh, N.C. 27626-0535
or
Tim Donnelly, 919-571-4700
Water Quality Section
Division of Environmental Management
Raleigh Regional Office
3800 Barrett Drive
Raleigh, N.C. 27609

NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
DIVISION OF ENVIRONMENTAL MANAGEMENT
NOTICE OF PUBLIC HEARING FOR 401 WATER QUALITY CERTIFICATION, RUSSELL STOUTT
PROJECT, WAKE COUNTY
Notice is hereby given of a public hearing to be held by the N.C. Department
of Environment, Health and Natural Resources on behalf of the Environmental
Management Commission concerning a 401 Water Quality Certification for fill of
0.28 acres of Lake Iris. A 401 Certification is required by the Federal Water
Pollution Control Act and certifies that all appropriate state water quality
standards will be met by the proposed action.
PURPOSE: Mr. Russell Stoutt has applied for permission from
the Division of Environmental management to fill
about 0.28 acres of Iris Lake near the Neuse
River, Wake County for the purpose of residential
construction near the Neuse River at the
intersection of North Beaver Lane and Stoutt
Drive.
DATE/TIME: January 13, 1992 at 7:00 pm
LOCATION: Ground Floor Hearing Room
Archdale Building
512 North Salisbury Street
Raleigh, N.C.
COMMENT All persons interested in this matter are invited
PROCEDURES: to attend. Comments, statements, data and other
information may be submitted in writing prior to,
during or within thirty (30) days after the
hearing (by February 13, 1992) or may be presented
orally at the hearing. Oral statements may be
limited at the discretion of the hearing officer.
Submittal of written copies or oral statements is
encouraged.
AUTHORITY: N.C.G.S. 143-215.3 (a)(1) and (c).. Water Quality
Certification regulations 15A NCAC 2H .0503.
INFORMATION: Further explanation and details of the proposed
action can be obtained by writing or calling:
John Dorney, 919-733-1786
Wetlands and Technical Review Group
Water Quality Planning
Division of Environmental Management
P.O. Box 29,535
Raleigh, N.C. 27626-0535
or
Tim Donnelly, 919-571-4700
Water Quality Section
Division of Environmental Management
Raleigh Regional Office
3800 Barrett Drive
Raleigh, N.C. 27609
App- R
EHNR - ENVIRONMENTAL MANAGEMENT T15A: 02B .0100
Amended Eff. October 1, 1989; January 1, 1985; September 9, 1979.
0107 DEFINITION OF REGULATIONS: CLASSIFICATIONS: AND STANDARDS
History Note: Statutory Authority. G. S. 143-214.1;
Eff. February 1, 1976;
Repealed Eff. January 1, 1985.
.0108 CONSIDERATIONS IN ASSIGNING THE SHELLFISHING AREA CLASSIFICATION
In determining the safety or suitability of Class SA waters to be used for shellfishing for market purposes,
the Commission will be guided by the existing water quality of the area in relation to the standards to protect
shellfishing uses, the potential contamination of the area from both point and nonpoint sources of pollution,
and the presence of harvestable quantities of shellfish or the potential for the area to have harvestable
quantities through management efforts of the Division of Marine Fisheries. Waters will not be classified SA
without the written concurrence of the Division of Health Services, North Carolina Department of Human
Resources.
Histon! Note: Statutory Authority G. S. 143-214.1;
Ef. .. January 1, 1985;
Amended Eff. October 1, 1989.
.0109 WATERS AFFECTED BY DREDGE AND FILL ACTIVITIES
Projects that alter the reach and extent of a freshwater wetland will not be considered as removing existing
uses of the wetland in violation of the Antidegradation Policy (pursuant to 15A NCAC 2B .0201(b)) if the
alteration protects all existing and designated uses of all waters of the state. In malting this determination,
the Director will be guided by 40 CFR Part 230, Subparts A through F.
Histon, Note: Statutory Authority G. S. 143-214.1;
Eff. October 1, 1989.
S.
EHNR - ENVIRONMENTAL MANAGEMENT T15A: 02B .0200
SECTION .0200 - CLASSIFICATIONS AND WATER QUALITY STANDARDS APPLICABLE
TO SURFACE WATERS OF NORTH CAROLINA
.0201 ANTIDEGRADATION POLICY
(a) It is the policy of the Environmental Management Commission to maintain, protect, and enhance water
quality within the State of North Carolina. Pursuant to this policy, the requirements of 40 CFR 131.12 are
adopted by reference in accordance with General Statute 150B-14(b). These requirements will be implemented
in North Carolina as set forth in Paragraphs (b), (c) and (d) of this Rule.
(b) Existing uses, as defined by Rule .0202(16) of this Section, and the water quality to protect such uses
shall be protected by properly classifying surface waters and having standards sufficient to protect these uses.
In cases where the Commission or its designee determines that an existing use is not included in the
classification of waters, a project which will affect these waters will not be permitted unless the existing uses
are protected.
(c) The Commission shall consider the present and anticipated usage of waters with quality higher than the
standards, including any uses not specified by the assigned classification (such as outstanding national resource
waters or waters of exceptional water quality) and will not allow degradation of the quality of waters with
quality higher than the standards below the water quality necessary to maintain existing and anticipated uses
of those waters. Waters with quality higher than the standards are defined by Rule .0202(39) of this Section.
The following procedures will be implemented in order to meet these requirements:
(1) Each applicant for an NPDES permit or NPDES permit expansion or renewal to discharge treated
waste will document an effort to consider non-discharge alternatives pursuant to 15A NCAC 2H
.0105 (c) (2).
(2) Public Notices for NPDES permits will list parameters that would be water quality limited and state
whether or not the discharge will use the entire available load capacity of the receiving waters and
may cause more stringent water quality based effluent limitations to be established for dischargers
downstream.
(3) The Division may require supplemental documentation from the affected local government that a
proposed project or parts of the project are necessary for important economic and social
development.
(4) The Commission and division will work with local governments on a voluntary basis to identify
and develop appropriate management strategies and/or classifications for waters with unused
pollutant loading capacity to accommodate future economic growth.
Waters with quality higher than the standards will be identified by the Division on a case-by-case basis through
the NPDES permitting and waste load allocation processes (pursuant to the provisions of 15A NCAC 2H
.0100). Dischargers affected by the requirements of Paragraphs (c)(1) through (c)(4) of this Rule and the
public at large will be notified according to the provisions described herein, and all other appropriate
provisions pursuant to 15A NCAC 2H .0109. If an applicant objects to the requirements to protect waters
with quality higher than the standards and believes degradation is necessary to accommodate important social
and economic development, the applicant can contest these requirements according to the provisions of
General Statute 143-215.1(e) and 15013-23.
(d) The Commission shall consider the present and anticipated usage of High Quality Waters (HQW),
including any uses not specified by the assigned classification (such as outstanding national resource waters
or waters of exceptional water quality) and will not allow degradation of the quality of High Quality Waters
below the water quality necessary to maintain existing and anticipated uses of those waters. High Quality
Waters are a subset of waters with quality higher than the standards and are as described by 15A NCAC 2B
.0101(e)(5). The following procedures will be implemented in order to meet the requirements of this part:
(1) New or expanded wastewater discharges in High Quality Waters will comply with the following:
(A) Discharges from new single family residences. will be prohibited. Those that must discharge will
install a septic tank, dual or recirculating sand filters., disinfection and step aeration.
(B) All new NPDES wastewater discharges. (except single family residences) will be required to
provide the treatment described below:
0) Oxygen Consuming Wastes: Effluent limitations will be as follows: BODS= 5 mg/1, NH;-N
= 2 mg/l and DO = 6 mg/1. More stringent limitations will be set, if necessary, to ensure
EHNR - ENVIRONMENTAL MANAGEMENT .lih. "°u ._.=w
The values listed in (i) through (xv) in Subparagraph (B) of this Rule may be adjusted by the
Commission or its designee on a, case-by-case basis to account for site-specific or
chemical-specific information pertaining to the assumed BCF, FCR or CPF values or other
appropriate data.
(b) Temperature. The Commission may establish a water quality standard for temperature for specific %vater
bodies other than the standards specified in Rules .0211 and .0212 of this Section, upon a case-by-case
determination that thermal discharges to these waters, which serve or may serve as a source and/or receptor
of industrial. cooling water provide for the maintenance of the designated best use throughout a reasonable
portion of the water body. Such revisions of the temperature. standard must be consistent with the provisions
of Section 316(a) of the Federal Water Pollution Control Act as amended and will be noted in Rule .0218 of
this Section.
History Note: Statutory Authority G. S. 143-214.1; 143-215.3(a) (I);
Eff. February 1, 1976;
Amended Eff. October 1, 1989; January 1, 1985; September 9, 1979.
.0209 VARIANCES FROM APPLICABLE STANDARDS
.0210 BEST USE CRITERIA
History Note: Statutory Authority G. S. 143-214.1;
Eff..February 1, 1976,•
Amended Eff. September 9, 1979;
Repealed Ef. .. January 1, 1985.
.0211 FRESH SURFACE WATER CLASSIFICATIONS- AND STANDARDS
(a) General. The water quality standards for all fresh surface waters are the basic standards applicable to
Class C waters. Additional and more stringent standards applicable to other specific freshwater classifications
are specified in Paragraphs (c) through (f) of this Rule.
(b) All fresh surface waters (Class C).
(1) Best Usage of Waters. Aquatic life propagation and maintenance (including fishing, and fish),
wildlife, secondary recreation, agriculture and any other usage except for primary recreation or as
a source of water supply for drinking, culinary or food processing purposes;
(2) Conditions Related to Best Usage. The waters will be suitable for aquatic life propagation and
maintenance, wildlife, secondary recreation, and agriculture; sources of water pollution which
preclude any of these uses on either a short-term or long-term basis will be considered to be
violating a water quality standard;
(3) Quality standards applicable to all fresh surface waters:
(A) Chlorophyll a (corrected): not greater than 40 ug/l for lakes, reservoirs, and other slow-moving
waters not designated as trout waters, and not greater than 15 ug/l for lakes, reservoirs., and other
slow-moving waters designated as trout waters (not applicable to lakes and reservoirs less than
ten acres in surface area); the Commission or its designee may prohibit or limit any discharge of
waste into surface waters if, in the opinion of the Director, the surface waters experience or the
discharge would result in growths of microscopic or macroscopic vegetation such that the
standards established pursuant to this Rule would be violated or the intended best usage of the
waters would be impaired;
(B) Dissolved oxygen: not less than 6.0 mg/I for trout waters; for non-trout waters, not less than a
daily average of 5.0 mg/l with a minimum instantaneous value of not less than 4.0 mg/1; swamp
waters, lake coves or backwaters, and lake bottom waters may have lower values if caused by
natural conditions;
(C) Floating solids; settleable solids.; sludge deposits: only, such amounts attributable to sewage,
industrial wastes or other wastes as will not make the water unsafe or unsuitable fur aquatic life
and wildlife or impair the waters for any designated uses;
(D). Gases, total dissolved: not greater than 110 percent of saturation;
(E) Organisms of the coliform group: fecal coliforms not to exceed a geometric mean of 200/100m)
(MF count) based upon at least five consecutive samples examined during any 30 day period; nor
NORTH CAROLINA ADMINISTRATIVE CODE 10122192 Page 12
h.. r. • 4.
T 15A: 021I .0500
EHNR - ENVIROt\`14fE•/\'TAL ,1fA,VAGEjl.I NT
.0502 PUBLIC NOTICE
(a) Notice by Publication. Notice of each pending application for certification shall be published
one time in a newspaper having general circulation in the county in which the discharge will occur.
Publication shall be made at least IS days prior to proposed final action by the Director upon the ap-
plication and not more than 20 days after acceptance of a completed application.
(b) Contents of Notice. The notice shall set forth the name and address of the applicant; the action
requested in the application; the nature and location of the discharge; and the date of final action to
be taken by the Director upon the application. The notice shall also state that additional information
is on file with the department and may be inspected at any time during normal working hours. Copies
of such information on file will, be made available upon request and upon payment-of the-cost thereof
to the department.
(c) Notice of Hearing. If the Director determines that a hearing should be held concerning the
granting or denial of the application, the Director shall publish notice of the hearing one time in a
newspaper having general circulation in the county in which the discharge will occur. The notice shall
be published at least 30 days prior to the date of the hearing. The notice shall state the time, place,
and nature of the hearing.
(d) Environmental Mailing List. Any person, may request that he or she be mailed copies of all
public notices required by this Rule. The Director shall add the name of any such person to an envi-
ronmental mailing list and shall mail copies of notices to all persons on the list.
(e) 'Notice to Other Persons. The Director may give written notice to such other persons.
(f) Payment of Costs of Public Notice. The applicant shall pay to the department the costs of ad-
vertising public notice required by Paragraphs (a) and (c) of this Regulation. Certification shall be
withheld until such costs have been paid.
History Note: Statutory Authority G.S. 143-2152(a)(1); 143-215.3(c);
Eff. February 1, 1976;
Amended Eff. December 1, 1984; September 1, 1954.
.0503 HEARING
,(a) Public Hearing on Certification. If the Director determines that it is in the public interest that a
public hearing for the purpose of reviewing public comment and additional information be held prior
to granting or denying certification, the Director shall so notify the applicant by registered or certified
mail, return receipt requested, and shall publish and give notice as required by Paragraphs .0502(c) and
(d) of this Section. Such hearing will be held within 90 days following date of notification. The record
of each hearing held under this Paragraph shall remain open for a period of 30 days.
(b) Hearing for Applicant Upon Certification Denial. An applicant whose certification is denied or
granted subject to unacceptable conditions, shall have the riJht to a contested case hearing pursuant to
the provisions of G.S. 15013-23.
History Note: Statutory Authority G.S. 143-215.3(a)(1); 143-2153(c);
Eff. February 1, 1976;
Amended Eff. July 1, 1988; December 1, 1984.
.0504 ISSUANCE OF CERTIFICATION
(a) Time Limit for Final Action on Certification Application. All applications for certification shall
be granted or denied within 130 days after receipt at the offices. of the Director in Ralcigh,'North Ca-
rolina, unless:
(1) The applicant agrees, in writing, to a longer period;
(2) Final decision is to be made pursuant to a public hearing;
(3) Applicant fails to fumish information necessary to the Director's decision;
(4) Applicant refuses the staff access to its records or premises for the purpose of gathering infor-
mation necessary to the Director's decision;
(5) Information necessary to the Director's decision is unavailable.
(b) Time Limit for Final Action on Certification Application After I-learin-g. 1\11 applications for
certification shall be granted or denied within 130 days after public hearing unless applicant otherwise
agrees in writing, or unless Subdivision (a)(3), (4); or (5) of this Regulation shall apply.
Prr; c 2
A'OR TH C,,1 ROL1.\'A ,4 D.1II:\7STRA TII'E CODE: 02122190

NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
DIVISION OF ENVIRONMENTAL MANAGEMENT
NOTICE OF PUBLIC HEARING FOR 401 WATER QUALITY CERTIFICATION, RUSSELL STOUTT
PROJECT, WAKE COUNTY
Notice is hereby given of a public hearing to be held-by the N.C. Department
of Environment, Health and Natural Resources on behalf of the Environmental
Management Commission concerning a 401 Water Quality Certification for fill of
0.28 acres of Lake Iris. A 401 Certification is required by the Federal Water
Pollution Control Act and certifies that all appropriate state water quality
standards will be met by the proposed action.
PURPOSE: Mr. Russell Stoutt has applied for permission from
the Division of Environmental Management to fill
about 0.28 acres of Iris Lake near the Neuse
River, Wake County for the purpose of residential
construction near the Neuse River at the
intersection of North Beaver Lane and Stoutt
Drive.
DATE/TIME: January 13, 1992 at 7:00 pm
LOCATION: Ground Floor Hearing Room
Archdale Building
512 North Salisbury Street
Raleigh, N.C.
COMMENT All persons interested in this matter are invited
PROCEDURES: to attend. Comments, statements, data and other
information may be submitted in writing prior to,
during or within thirty (30) days after the
hearing (by February 13, 1992) or may be presented
orally at the hearing. Oral statements may be
limited at the discretion of the hearing officer.
Submittal of written copies or oral statements is
encouraged.
AUTHORITY: N.C.G.S. 143-215.3 (a)(1) and (c).. Water Quality
Certification regulations 15A NCAC 2H .0503.
INFORMATION: Further explanation and details of the proposed
action can be obtained by writing or calling:
John Dorney, 919-733-1786
Wetlands and Technical Review Group
Water Quality Planning
Division of Environmental Management
P.O. Box 29535
Raleigh, N.C. 27626-0535
or
Tim Donnelly, 919-571-4700
Water Quality Section
Division of Environmental Management
Raleigh Regional Office
3800 Barrett Drive
Raleigh, N.C. 27609
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
DIVISION OF ENVIRONMENTAL MANAGEMENT
NOTICE OF PUBLIC HEARING FOR 4,01 WATER QUALITY CERTIFICATION, RUSSELL STOUTT
PROJECT, WAKE COUNTY
Notice is hereby given of a public hearing to be held by the N.C. Department
of Environment, Health and Natural Resources on behalf of the Environmental
Management Commission concerning a 401 Water Quality Certification for fill of
0.28 acres of Lake Iris. A 401 Certification is required by the Federal Water
Pollution Control Act and certifies that all appropriate state water quality
standards will be met by the proposed action.
PURPOSE: Mr. Russell Stoutt has applied for permission from
the Division of Environmental Management to fill
about 0.28 acres of Iris Lake near the Neuse
River, Wake County for the purpose of residential
construction near the Neuse River at the
intersection of North Beaver Lane and Stoutt
Drive.
DATE/TIME: January 13, 1992 at 7:00 pm
LOCATION: Ground Floor Hearing Room
Archdale Building
512 North Salisbury Street
Raleigh, N.C.
COMMENT All persons interested in this matter are invited
PROCEDURES: to attend. Comments, statements, data and other
information may be submitted in writing prior to,
during or within thirty (30) days after the
hearing (by February 13, 1992) or may be presented
orally at the hearing. Oral statements may be
limited at the discretion of the hearing officer.
Submittal of written copies or oral statements is
encouraged.
AUTHORITY: N.C.G.S. 143-215.3 (a)(1) and (c).. Water Quality
Certification regulations 15A NCAC 2H .0503.
INFORMATION: Further explanation and details of the proposed
action can be obtained by writing or calling:
John Dorney, 919-733-1786
Wetlands and Technical Review Group
Water Quality Planning
Division of Environmental Management
P.O. Box 29535
Raleigh, N.C. 27626-0535
or
Tim Donnelly, 919-571-4700
Water Quality Section
Division of Environmental Management
Raleigh Regional Office
3800 Barrett Drive
Raleigh, N.C. 27609
FILE COPY
December 2, 1992
Mr. Ed McCallum, Secretary
Riverbend at Lakeside Homeowers Association
5821 Iris Lake Court
Raleigh, N.C. 27604
Dear Mr. McCallum:
RE: Public Hearing for Russell Stoutt project
Wake County
DEM # 92569, COE # 199203523
As we discussed on the telephone earlier this week, the Director
of the Division of Environmental Management has decided that it is in
the public interest to hold a public hearing concerning plans to fill
0.28 acres of Iris Lake for residential lot construction. The
attached copy of the public notice will give you information
concerning the timing and location of the hearing. As we discussed,
Mr. Stoutt's engineer will give a brief presentation on the design and
plans for this project in order to put it into perspective for the
hearing officer and the public in attendance. The hearing officer
will be Mr. Tommy Stevens who is in charge of the Water Quality
Program in the Fayetteville Regional Office.
I have also enclosed copies of the relevant regulations for the
public hearing and our decision making process as you requested. If
you have any questions concerning the hearing or our decision making
process, please call me at 733-1786.
Sincerely,
John R. Dorney
Wetlands and Technical Review Group
mccallum.ltr
cc: Tommy Stevens, Fayetteville Regional Office
Steve Tedder
Boyd DeVane
Eric Almsmeyer, Corps of Engineers Raleigh Field Office
R?DER FltE
December 2, 1992
Mr. Russell Stoutt
1100 Navaho Drive, Suite G-L 114
Raleigh, N.C. 27609
Dear Mr. Stoutt:
RE: Public Hearing for Russell Stoutt project
Wake County
DEM # 92569, COE # 199203523
As we discussed on the telephone earlier this week, the
Director of the Division of Environmental Management has decided
that it is in the public interest to hold a public hearing
concerning your plans to fill 0.28 acres of Iris Lake for
residential lot construction. The attached copy of the public
notice will give you information concerning the timing and
location of the hearing. As we discussed, it would be helpful if
your engineer could plan to give a brief presentation on the
design and plans for this project in order to put it into
perspective for the hearing officer and the public in attendance.
The hearing officer will be Mr. Tommy Stevens who is in charge of
the Water Quality Program in the Fayetteville Regional Office.
I have also enclosed copies of the relevant regulations for
the public hearing and our decision making process as you
requested. If you have any questions concerning the hearing or
our decision making process, please call me at 733-1786.
Sincerely,
John R. Dorney
Wetlands and Technical Review Group
stout2.ltr
cc: Tommy Stevens, Fayetteville Regional Office
Steve Tedder
Boyd DeVane
Eric Almsmeyer, Corps of Engineers Raleigh Field Office
4+ RAT o
y4J
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 November 30, 1992 Acting Director
MEMORANDUM
TO: Tammy Dodd
General Services, EHNR
FROM: John Dorne
Wetland and Tech ica Review Group
Water Quality Secti DEM
RE: Public Hearing for 401 Certification for Russell Stoutt
project, Wake County
DEM # 92569
As we discussed on the phone this morning, please reserve
the Ground Floor Hearing Room of the Archdale Building on
Wednesday evening, January 13 from 7 to 11 pm. We will be
holding a public hearing for the Russell Stoutt project. I
anticipate that the hearing will be over by 9 pm but please
reserve the room until 11 pm to be safe.
I can be reached at 733-1786 if you have any questions.
stoutt.hrg
cc: Steve Tedder
Boyd DeVane
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 919r395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

F/I r COPY
December 1, 1992
Raleigh News and Observer
P.O. Box 191
Raleigh, N.C. 27602
ATTN: Legal Ad Department
Dear Sir:
SUBJECT: Public Notice
Please publish the attached Public Notice one time in the
section set aside for Legal Advertisements in your newspaper.
The publication should run on or before •December 8, 1992•.
Please send the invoice for publication and three copies of the
affidavit of publication to the address given below. Payment
cannot be processed without the affidavit of publication.
N.C. Division of Environmental Management
Water Quality Section
Post Office 29535
Raleigh, North Carolina 27626-0535
Attn: John Dorney
If you have any questions concerning this matter, please call
me at 919/733-1786.
Sincerely,
04
Jo n Dorney
401 Certific tions
JRD/kls
PubNot.ltr
cc: John Dorney
Raleigh DEM Water Quality Regional Office
Steve Tedder
Tommy Stevens, Fayetteville Regional Office
Preston Howard
^Ti
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
DIVISION OF ENVIRONMENTAL MANAGEMENT
NOTICE OF PUBLIC HEARING FOR 401 WATER QUALITY CERTIFICATION, RUSSELL STOUTT
PROJECT, WAKE COUNTY
Notice is hereby given of a public hearing to be held by the N.C. Department
of Environment, Health and Natural Resources on behalf of the Environmental
Management Commission concerning a 401 Water Quality Certification for fill of
0.28 acres of Lake Iris. A 401 Certification is required by the Federal Water
Pollution Control Act and certifies that all appropriate state water quality
standards will be met by the proposed action.
PURPOSE: Mr. Russell Stoutt has applied for permission from
the Division of Environmental Management to fill
about 0.28 acres of Iris Lake near the Neuse
River, Wake County for the purpose of residential
construction near the Neuse River at the
intersection of North Beaver Lane and Stoutt
Drive.
DATE/TIME: January 13, 1992 at 7:00 pm
LOCATION: Ground Floor Hearing Room
Archdale Building
512 North Salisbury Street
Raleigh, N.C.
COMMENT All persons interested in this matter are invited
PROCEDURES: to attend. Comments, statements, data and other
information may be submitted in writing prior to,
during or within thirty (30) days after the
hearing (by February 13, 1992) or may be presented
orally at the hearing. Oral statements may be
limited at the discretion of the hearing officer.
Submittal of written copies or oral statements is
encouraged.
AUTHORITY: N.C.G.S. 143-215.3 (a)(1) and (c). Water Quality
Certification regulations 15A NCAC 2H .0503.
INFORMATION: Further explanation and details of the proposed
action can be obtained by writing or calling:
John Dorney, 919-733-1786
Wetlands and Technical Review Group
Water Quality Planning
Division of Environmental Management
P.O. Box 29535
Raleigh, N.C. 27626-0535
or
Tim Donnelly, 919-571-4700
Water Quality Section
Division of Environmental Management
Raleigh Regional office
3800 Barrett Drive
Raleigh, N.C. 27609
MEMO
TO:
7Vj
DATE:
SUBJECT:

_1go ,(?-
?I
nn
vv?? dam- ??' r'', C '
From,
? ?s STATE ?y, '?I ?/
? N,nY xo. i»
North Carolina Department of Environment,
?g Health, and Natural Resources
? ?(? Printed on Recycled Paper
FILE COPY
November 30, 1992
MEMORANDUM
TO: Tammy Dodd
General Services, EHNR
FROM: John Do=4
Wetland and echnical Review Group
Water Quality Section, DEM
RE: Public Hearing for 401 Certification for Russell Stoutt
project, Wake County
DEM # 92569
As we discussed on the phone this morning, please reserve
the Ground Floor Hearing Room of the Archdale Building on
Wednesday evening, January 13 from 7 to 11 pm. We will be
holding a public hearing for the Russell Stoutt project. I
anticipate that the hearing will be over by 9 pm but please
reserve the room until 11 pm to be safe.
I can be reached at 733-1786 if you have any questions.
stoutt.hrg
cc: Steve Tedder
Boyd DeVane
MEMO
DATE:
TO: SUBJECT:
MV11v?
J
C.J

ve f
From:
North Carolina Department of Environment,
J', Y? Health, and Natural Resources ??? Printed on Recycled Paper
MEMO,
?-
DATE: ( -TO: -r(-?e460r\
SUBJECT:
1 _(.1Cj(- ? -
((/Y-
? ual ,
FOY\
a/YA 1 OA-cadytS
o
1144
f2
CA-
tss
S From.
J5
M...n North Carolina Department of Environment,
Health and Natural Resources
tkI Recyded gaper
{? Quu.+.no?
T15: 02H .0500
NRCD - EI`v,,Eo ri' FINTAL MAEAGEMEY'
the director upon the application and
proposed fir1a 1. action by
not more thar_ 20 days after acceptance of a completed
application.
_1o) Contents of Rotice. The the notice action shall tforth tin tithe
requested
and address of the applicant;
application; the nature and location of the discharge; and the
date of final action to be taken by the director upon the
application. The notice shall also state that additional
information is on file with the department and may be inspected
at any time during normal working hours. Copies of such
informs tion or: file vi11 he made available upon request and upon
payment of the cost thereof to the department.
(c) Notice of Hearing. If the director determines that a
hearing should be held concerning the granting or denial of the
apflica.tion, the director shall publish notice of the hearing one
time in a newspaper having general circulation in the county in
which the discharge will occur. The notice shall he published at
least 30 d&.ys prior to the date of the hearing. The notice shall
state the time, place, anu nature of the hearing- request that
(d) Environmental Mailing List. Any, person, may he or st:e be mailed copes of all public notices required by this
Rule- The director shall add the name of any such person to an
environmental m.riling list and shall mail copies of notices to
all -)ersons on the list. give written
Se) 2;otice to Other Persons. The director may g
noticE to suc}: other persons;. Notice. The applicant shall
?L) Payment of Costs or ? Public
Fay to the nep_rtment the costs of advertising public notice
required ha. P;?rt-graphs (a) and (c) of this Reculation.
Certification shEl.l be withheld until such costs have been paid.
History Tote: ority G.S. 143-215.3 (a) (1) ;
St_ tutory Auth
14 3-215.3' (c) ;
Eff. February 1, 1970;
Amended Eff. December 1, 1984;
Ser.tember 1, 1984.
.050 H?,AFTNG
Certification. If the director
Public Bearing on
) pub public interest that a public
determines thz_t it is in the P public 'comment and
hearing for the purpose of reviewing _
additional information be held prior to granting or denying
certification, the director shall so notify the applicant by
registered or certi fled mail, return receipt requested, and shall
publish and give notice as required by Paragraphs .0502(c) a
1d) of this Section. Such hearing will be held within 90 days
followin date of r:otification. The record of each hearing held
under this Paragraph shall remain open for a period of 30 days-
09 22 88 2-438
?' NOP_^I? CAEOLIi'A tiD?IIt'ySTRATIVL CODE / /
,,.. SrAtr a
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
Mr. Russell Stoutt
1100 Navaho Drive, Suite G-L 114
Raleigh, North Carolina 27609
Dear Mr. Stoutt:
A. Preston Howard, Jr., P.E.
Acting Director
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed fill of 0.28 acres of Lake Iris
for residential development
Project #92569, COE # 199203523
Wake County
Attached hereto is a copy of Certification No. 2792 issued
to Russell Stoutt.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
A. Preston Howard, Jr. P.E.
Attachments
stoutt.crt
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
Copies to local citizens
REGIONAL OFFICES
Asheville. Fayetteville Mooresville 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 [phone]
An Equal Opportunity Affirmative Action Employer
NORTH CAROLINA
Wake County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the
requirements of Section 401 Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to Russell Stoutt pursuant to an application filed on the 25th
day of September, 1992 to fill 0.28 acres of Lake Iris (portions
of lots 220 and 221) for residential building purposes.
The Application provides adequate assurance that the
discharge of fill material into the waters of Iris Lake in
conjunction with the proposed residential fill in Wake County
will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted
in accordance with the application and conditions hereinafter set
forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less are not
considered significant).
2. That no additional fill be allowed on lots 220 and
221 and that deed restrictions stating such be
placed on the deeds for these lots.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
This the day of , 1992.
DIVISION OF ENVIRONMENTAL MANAGEMENT
A. Preston Howard, Jr. P.E.
Acting Director
WQC# 2792
46,
READER FILE
Mr. Russell Stout
1100 Navaho Drive, Suite G-L 114
Raleigh, North Carolina 27609
Dear Mr. Stoutt:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed fill of 0.28 acres of Lake Iris
for residential development
Project #92569, COE # 199203523
Wake County
Attached hereto is a copy of Certification No. 2792 issued
to Russell Stoutt.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
A. Preston Howard, Jr. P.E.
Attachments
stoutt.crt
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
Copies to local citizens
- W' ., .•
NORTH CAROLINA
Wake County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the
requirements of Section 401 Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to Russell Stoutt pursuant to an application filed on the 25th
day of September, 1992 to fill 0.28 acres of Lake Iris (portions
of lots 220 and 221) for residential building purposes.
The Application provides adequate assurance that the
discharge of fill material into the waters of Iris Lake in
conjunction with the proposed residential fill in Wake County
will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted
in accordance with the application and conditions hereinafter set
forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less are not
considered significant).
2. That no additional fill be allowed on lots 220 and
221 and that deed restrictions stating such be
placed on the deeds for these lots.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
This the day of , 1992.
DIVISION OF ENVIRONMENTAL MANAGEMENT
A. Preston Howard, Jr. P.E.
Acting Director
WQC# 2792

fQECOPy
Mr. Russell Stout
1100 Navaho Drive, Suite G-L 114
Raleigh, North Carolina 27609
Dear Mr. Stoutt:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed fill of 0.28 acres of Lake Iris
for residential development
Project #92569, COE # 199203523
Wake County
Attached hereto is a copy of Certification No. 2792 issued
to Russell Stoutt.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
A. Preston Howard, Jr. P.E.
Attachments
stoutt.crt
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DEM Regional Office
Mr. John Dorney
Mr. John Parker, Division of Coastal Management
Central Files
Copies to local citizens
w...
NORTH CAROLINA
Wake County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the
requirements of Section 401 Public Laws 92-500 and 95-217 of the
United States and subject to the North Carolina Division of
Environmental Management Regulations in 15 NCAC 2H, Section .0500
to Russell Stoutt pursuant to an application filed on the 25th
day of September, 1992 to fill 0.28 acres of Lake Iris (portions
of lots 220 and 221) for residential building purposes.
The Application provides adequate assurance that the
discharge of fill material into the waters of Iris Lake in
conjunction with the proposed residential fill in Wake County
will not result in a violation of applicable Water Quality
Standards and discharge guidelines. Therefore, the State of North
Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted
in accordance with the application and conditions hereinafter set
forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as
to prevent significant increase in turbidity
outside the area of construction or construction
related discharge (increases such that the
turbidity in the Stream is 25 NTU's or less are not
considered significant).
2. That no additional fill be allowed on lots 220 and
221 and that deed restrictions stating such be
placed on the deeds for these lots.
Violations of any condition herein set forth shall result in
revocation of this Certification.
This Certification shall become null and void unless the
above conditions are made conditions of the Federal Permit.
This the day of , 1992.
DIVISION OF ENVIRONMENTAL MANAGEMENT
A. Preston Howard, Jr. P.E.
Acting Director
WQC# 2792
K
October 5, 1992
Mr. John Dorney
North Carolina Division of Enviro
P.O. Box 27687
Raleigh, N.C. 27611-7687
Dear Mr. Dorney,
tal Man n
oa t 1
i
We, the undersigned residents of Riverbend at Lakeside Subdivision in
Raleigh, North Carolina are aware that Mr. Russell Stout has applied
for a Department of the Army (DA) permit to authorize the proposed
placement of fill material into 0.28 acre of Iris Lake on Beaverdam
Creek, adjacent to the Neuse River, for developement of residential
lots in Raleigh, Wake County, North Carolina.
We are opposed to any such action taking place. We feel that by
allowing such action to be taken, that it would have adverse effects
on conservation, economics, aesthetics, general environmental
concerns, wetlands, cultural values, fish and wildlife values, flood
hazards, flood plain values, land use, navigation, shore erosion and
acreation, recreation, water supply and conservation, water quality,
considerations of property ownership, and in general, the needs and
welfare of the people of our neighborhood.
We feel that this proposed placement of fill material into Iris Lake
will be in violation of Section 401 of the Federal Clean Water Act,
and will result in a violation of applicable Water Quality Standards
and discharge guidelines.
Furthermore, this proposed placement of fill dirt would cause a
significant increase in turbidity outside the area of construction or
construction related discharge, and would cause noticible deposition
of sediment in Lake Iris, Beaverdam Creek, and the adjacent Neuse
River.
We, the undersigned object to this proposed placement of fill into the
lake that makes our neighborhood attractive and unique, a haven for
fish and wildlife, and strongly encourage you to deny this permit
action ID 199203523.
signed
address
C'k e -------
phone
19 SW/- IRe5

OPPOSED Action ID 199203523 CONTINUED page 2
gned address phone
--- -°-?- - - ------ X 01 - ----- -?? _3 03
LQ ---------- ---- --- -
?o ?43
- - ---- -- - ---- - ?ozz -?-------- ------
13 > WLIY --- -- - ---- -- -------°- ?{ ----- r- ='----- - S?? = ZR5
-----------?-------- -- --- ----I-j''?ddv ------------- - --------
. -1 -- - -- --- L- --a-------- -----
-
MECHANICAL
ELECTRICAL
GENERAL MEG CONSTRUCTION COMPANY, INC.
1100 Navaho Drive • Ste. G-L 114 • Raleigh, NC 27609
Office: [phone] FAX: [phone]
O
November 9, 1992 ? ! v
John R. Dorney
Department of Environment, Health, and Natural Resources
Division of Environmental Management
P. 0. Box 27687
Raleigh, NC 27611-7687
Subject: 401 Water Quality Certification Application
Russell Stoutt Project
Wake County
DEM #92569, COE #199203523
In response to your letter dated October 30, 1992, we have
no intentions of ever filling in any more of Lake Iris than
the 0.28 acres for which we have requested permission. The
Lake and the remainder of Lot 220 and 221 will be left as is
for the ducks, geese and swans which we own as well as all
other wildlife.
ASiere y
1 Stoutt
MEMORANDUM
TO:
John Dorney
Planning Branch
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
***EACH ITEM MUST BE ANSWERED (N/A-NOT APPLICABLE)***
INITIALS:
?/? Reviewer: TQ Supv :
? Date : /? ?2
PERMIT_YR: 92 PERMIT _NO: 0000569 COUNTY: WAKE
APPLICANT NAME: RUSSELL STQUTT
PROJECT-TYPE: RESIDENTIAL FILL PERMIT-TYPE: IND
COE_#: 199203523 DOT-#:
RCD
FRON CDA: COE FRN CDA:
DATE 09/25/92
_
REG_OFFICE:
RRO _
RIVER AND_SUB_BASIN _#: yu
,aeaverdav G??
STREAM-CLASS: 0 IJS&j
STR INDEX_NO : a-7- A-7
WL_IMPACT? :l,_?YN
WL REQUESTED : ^- "4,e-:J
HYDRO_CNECT?:('N
MITIGATION?: Y15?
MITIGATION SIZE: AA
03 0q 0z
WL_TYPE : A141-67,eS" tic a,5,
WL_ACR_EST?:a'IN
WL_SCORE ( # ) : OZ?
MITIGATION TYPE:/VJ4
IS WETLAND RATING SHEET ATTACHED?:6'N
RECOMMENDATION (Circle One): ? ISSUE/COND DENY
COMMENTS : f`?I JCl.?eL? 411 iS aA-d J. .? arwe oz -7 au-u? .
` V
_av al

?.7r?cw..' 7Y/ ?7'?tx-lC.?• _/LC?.?LIX?iK?? .i'?:.lo''C' ' / / t9J`? .!/) Q , / ?--?LL Q/ !?Z- 3 /?7Oi'?..f.2 ?v?
j
cc:
nigiVtlal vt t 1C:C
Central Files
`r11
WETLAND RATING SYSTEM WORKSHEET
:oject No. or description--:5-1-6a-
)cation Ir f1
County t/V t? _Nearest road or town
River basinc6t5E
Nearest stream 5cA- VEapAj,yA Cgr,,5A and classification
Taluator
jency and address
to and time evaluated /d Z7 g:Oro f'
jor Wetland Type (,iU
Approximate size of wetland system -7 acres PDIJp
Approximate extent of wetlands in arearacres
within miles (IJtT?-AIJ05
A,p? M E,gE/cp?I/?rvtC'/Zl
Three most conurion plant species (in order) : 4 VA
it Series (if known)_4 _ POAf ; ILL owl
drologi c indicators /A/ UNP/3--77?7'6
Direct surface hydrologic connection?
NO
isting Conditions
Drainage F6-nr.3 prF
Disturbance O4F:ec Fz?opEC _ M?rJn?a4rE $,/}
Restoration potential Restoration value
site known to provide habitat for rare, endangered or
tined species?_A/() if so, list species observed or recorded.
'm No.
ation/Landscape
L Natural area buffer
? Sensitive watershed
3 Dispersal corridor system
)logical Values
! Special ecological attributes
i Wildlife habitat
> Aquatic life
' Water storage
Streambank stabilization
9 Removal of pollutants
Human Values
10 Outdoor recreation/education
11 Economic value
Total score
Score (circle one)
5
5 4 3 2 1 0
5 4 3 2 (J1 0
5 4 3 2 1 Q
5 4© 2 1 0
5 ?}4 3 2 1 0
5 4 3 1 0
5 4 3 2 1 0
5® 3 2 1 0
5 0 3 2 1 0
5 4 3 2 Q 0
ss
Site description and notes:
A. W; s To fad . 30 0-'r? ? ? M??
SrAJIC
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 October 30, 1992 A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary Acting Director
Mr. Russell Stout
1100 Navaho Drive
Suite G-L 114
Raleigh, N.C. 27609
Subject: 401 Water Quality Certification application
Russell Stoutt project
Wake County
DEM # 92569, COE # 199203523
Staff from the Division of Environmental Management have
reviewed your application for fill of 0.28 acres of water in Iris
Lake near the Neuse River.. A Water Quality Certification is a
prerequisite for a 404 Permit from the Corps of Engineers and
states that there will be no violation of water quality standards
or removal of existing uses. We have concerns about additional
development which might be planned on lots 220 or 221 or
otherwise adjacent to the lake. Please advise us whether any
additional development is planned on these lots or adjacent to
the lake. We would also be interested in any suggestions you may
have concerning measures to prevent additional fill of wetlands
or waters on lots 220 and 221 beyond what you have applied for.
Please respond within two weeks of receipt of this letter.
Until you have responded to this letter, I will ask by copy if
this letter that the U:S. Army Corps of Engineers place this
project on hold. I can be reached at 733-1786 if you have any
questions.
Sincere
Jo n R. Dorney
stoutt.ltr I
cc: DEM Raleigh Regional Office
U.S. Army Corps of Engineers Raleigh Field Office
U.S. Army Corps of Engineers Wilmington Office
Central Files
REGIONAL OFFICFS
Asheville Fayetteville Mooresvillc 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 [phone]
An Equal Opportunity AffuTnaiive Action Employer
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO September 22, 1992
Regulatory Branch
Action ID No. 199203523
Mr. Russell Stoutt
1100 Navaho Drive, Suite G-L 114
Raleigh, North Carolina 27609
Dear Mr. Stoutt:
Reference your application for Department of the Army (DA) authorization
to discharge fill material within a man-made lake on Beaverdam Creek, adjacent
to the Neuse River, for development of two residential housing lots in
Raleigh, Wake County, North Carolina.
On February 6, 1990, the DA and the U.S. Environmental Protection Agency
(EPA) signed a memorandum of agreement (MOA) establishing procedures to
determine the type and level of mitigation necessary to comply with the Clean
Water Act Section 404(b)(1) Guidelines. This MOA provides for first, avoiding
impacts to waters and wetlands through the selection of the least damaging,
practical alternative; second, taking appropriate and practical steps to
minimize impacts on waters and wetlands; and finally, compensating for any
remaining unavoidable impacts to the extent appropriate and practical. To
enable us to process your application in full compliance with this MOA, we
request that you provide the following additional information:
a. Permits for work within waters of the United States are not available
if there is a practicable alternative to the proposed discharge which would
have less adverse impact on the aquatic ecosystem. Please furnish information
regarding any other alternatives, including upland alternatives, to the work
for which you have applied and provide justification that your selected plan
is the least damaging to water or wetland areas. This information should
include the status of the entire property which you have had available to be
developed, what has been done to avoid impacts on waters of the United States,
and the status of upland properties that have not been developed.
b. It is necessary for you to have taken all appropriate and practical
steps to minimize losses of waters of the United States. Please indicate all
that you have done, especially regarding development and modification of plans
and proposed construction techniques, to minimize adverse impacts.
c. The MOA requires that appropriate and practical compensatory
mitigation will be required for all unavoidable adverse impacts remaining
after all appropriate and practical minimization has been employed. Please
indicate your plan to mitigate for the projected, unavoidable loss of waters
or wetlands or provide information as to the absence of any such appropriate
and practical measures.

-2-
This information is essential to our expeditious processing of your
application and it should be forwarded to us by October 22, 1992. Also, a
copy of this information must be sent to the North Carolina Division of
Environmental Management to enable them to adequately evaluate your
application for a Water Quality Certification pursuant to Section 401 of the
Clean Water Act.
If you have questions, please do not hesitate to contact Mr. Eric
Alsmeyer, Regulatory Branch, telephone [phone], extension 23.
Sincerely,
Copies Furnished:
G. Wayne Wright
Chief, Regulatory Branch
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. John Dorney
Division of Environmental Management
brth Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
MECHANICAL
ELECTRICAL,
GENERAL MEG CONSTRUCTION COMPANY, INC.
1100 Navaho Drive • Ste. G-L 114 • Raleigh, NC 27609
Office: [phone] FAX: [phone]
October 14, 1992
Mr. G. Wayne Wright
Chief, Regulatory Branch
U. S. Army Corps of Engineers
Regulatory Field Office
69 Darlington Avenue
Wilmington, NC 28405
RE: Permit Action ID No. 199203523
Dear Mr. Wright:
In response to your letter of 9/22/92 the following
information is provided as per your request.
1. There is no practicable alternative to the proposed fill.
Of the "entire" property relevant to this subdivision, no
other upland areas or "lots" are available nor do these
two lots; for which the fill is proposed; have any
suitable upland areas (see topo submitted with permit).
The lots in question are approved subdivision lots for
which annual taxes have been levied and paid since 1984
as "buildable" developed residential lots.
The proposed fill utilizes a minimum of impacted area.
Nothing other than what is necessary to construct the
structure will be filled. Construction will be conducted
in strict accordance with all applicable soil erosion
control regulations. This small degree of fill area is
justifiably the least damaging to the wetland area.
2. Since no upland area is available on this lot or any
others in this subdivision, this is the alternative of
"minimized adverse impacts". The proposed fill will be
placed so as to avoid soil washing into the major wetland
areas. Intensive use of rock and filter stone as well
as silt screens and sediment basins (if necessary) will
be used to protect the non-permited areas. These steps
will be designed by a Registered Professional Engineer
and approved by all relevant agencies.
4'
Mr. G. Wayne Wright
U. S. Army Corps of Engineers
Page Two
October 14, 1992
3. Mitigation was not in our plans; however, we may be able
to accommodate a 1 l exchange due to the possible
removal of an existing area along the edge of lot 221 or
via the removal of an existng'peninsula along the east
side of the lake. This area ks not shown on the
submitted drawings but can be provided if necessary. Due
to the time constraints it was not possible to obtain a
survey.
It is my understanding that,such permits are not suppose to
be decided based'up,on emotion or sentimental statements but
rather strictly upon factual'and technical examination and
analysis.
If you should need.`additional information please advise as
soon as possible.
i cerely,
Russell Stoutt
CC: Mr. John Doney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
P. 0. Box 27687
Raleigh, NC 27611-7687
G. Kenneth Wall
3712 Beaver Creek Drive --
Raleigh, N.C. 27604 Oc
T.C. Division of Environmental Management
Post Office Box 27687
Raleigh, N.C. 27611-7687
Attention: Mr. John Dorney GROUP
WA
RE: Russell Stoutt application for Clean Water Ac cert I
Dean SIR,`
Your consideration for application to permit the fillin of
portion of Iris Lake on Beaverdam Creek adjacent to the T LITY GROUP SECTI
LI N,_._.m: .
Y great deal go 5
affords me, my family, ma ; , neighbors a im's
First, I should submit my request for a hearing concerning the matter.
Secondly, many proceedures concerning environmental impact have been
totally ignored by the applicant during the almost 5 years we have
lived hare, therefore the wetlands designation concerns me first.
Third, the proposed lots will have to have septic systems and this
may cause a discharge into. the. lake thts,mt#grating,into the river.
Forth, the applicant has not provided information concerning. alter=
natives to the:proposed`discharge or compensatory mitigation for
the unavoidable.impacts.
Fifth, Several neighbors will experience lowered property value as
purchase price originally was based on " lake front property
This, although, is not the case with my property.
In conclusion, I would welcome an oppotunity to meet personally
and express the full overview of past events and actions taken
by the applicant.
Very truly yours,
.
. Kenneth W 11
cc; Mr. Eric Alsmeyer
Wilmington District Office, Corps of Engineers
Post Office Box 1870
Wilmington, N.C. 28402-1890
5825 North Beaver Lane
Raleigh, NC 27604
5 October 1992
J
Mr. John Dorney
North Carolina Division of Environmental
Management
Post Office Box 27687
Raleigh, NC 27611-7687
Dear Mr. Dorney:

It has come to my attention that Mr. Russell Stoutt has applied
for a Department of the Army permit (Action ID 199203523) to
place fill material into a portion of Iris Lake on Beaverdam
Creek, adjacent to the Neuse River. He has also asked for State
certification required by Section 401 of the Clean Water Act.
Mr. Stoutt's application, if approved, would allow for develop-
ment of residential lots on a part of Iris Lake. I write to
express my complete opposition to Mr. Stoutt's application and my
hope for its disapproval by the Corps of Engineers and the N. C.
Division of Environmental Management.
Iris Lake is a beautiful body of water that needs to be preserved
in its present state. It is a haven for migratory birds whose
annual pilgramages would be severely threatened or terminated if
the configuration of the lake is changed to accommodate the re-
quest of Mr. Stoutt. The resident wildlife, especially fish and
foul, would also be unduly disturbed if a part of their natural
habitat is taken from them. For certain some of the wildlife
would be destroyed or frightened away.
I am also concerned that the quality of the lake water would be
affected by the content and quantity of the fill material which
would be used. Without question the quality of life enjoyed by
those of us who have homes in the immediate vicinity of the lake
would surely change.
On a more personal note, the beauty of the existing lake and its
attraction to migratory birds were primary reasons for building
my home in the area. I suspect that many of my neighbors built
homes there for the same reasons.
It is my sincere wish that Mr. Stoutt's application be denied.
Sincerely,
Carl W. Smith
Odv? .. S- 111-72-
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2 7 6 97
27611 - 7687
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October 5, 1992
wAT RiS GROUP
Mr. John Dorney UAUTyg?GTfON
North Carolina Division of Environmental Managemen
P.O. Box 27687
Raleigh, N.C. 27611-7687
Dear Mr. Dorney,
We, the undersigned residents of Riverbend Plantation Subdivision in
Raleigh, North Carolina are aware that Mr. Russell Stout has applied
for a Department of the Army (DA) permit to authorize the proposed
placement of fill material into 0.28 acre of Iris Lake on Beaverdam
Creek, adjacent to the Neuse River, for developement of residential
lots in Raleigh, Wake County, North Carolina.
We are opposed to any such action taking place. We feel that by
allowing such action to be taken, that it would have adverse effects
on conservation, economics, aesthetics, general environmental
concerns, wetlands, cultural values, fish and wildlife values, flood
hazards, flood plain values, land use, navigation, shore erosion and
acreation, recreation, water supply and conservation, water quality,
considerations of property ownership, and in general, the needs and
welfare of the.people of our neighborhood.
We feel that this proposed placement of fill material into Iris Lake
will be in violation of Section 401 of the Federal Clean Water Act,
and will result in a violation of applicable Water Quality Standards
and discharge guidelines.
Furthermore, this proposed placement of fill dirt would cause a
significant increase in turbidity outside the area of construction or
construction related discharge, and would cause noticible deposition
of sediment in Lake Iris, Beaverdam Creek, and the adjacent Neuse
River.
We, the undersigned object to this proposed placement of fill into the
lake that makes our neighborhood attractive and unique, a haven for
fish and wildlife, and strongly encourage you to deny this permit
action ID 199203523.
sianed
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a copy of this letter has been sent to:
Eric Alsmeyer
N.C. Division of Environmental. Management
P.O. Box 27687
Raleigh,,N.C. 27611-7687
Robert D. Volz
Major, Corps of Engineers
Wilmington District
P.O. Box 1890
Wilmington, N.C. 28402-1890
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York St.
Norfolk, Va. 23510
Mike Gantt
Field Supervisor
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
P.O. Box 33726
Raleigh, N.C. 27636-3726
Randy Cheek
National Marine Fisheries Service
Habitat Conservation Service
P.O. Box 570
Beaufort, N.C. 28516
U.S. Environmental Protection Agency - Region IV
Wetlands Section - Water Quality Branch
345 Courtland St.
Atlanta, GA. 30365
John Parker
Division of Coastal. Management
N.C. Department of Environment, Health, and Natural Resources
P.O. Box 27687
Raleigh, N.C. 27611-7687
i
D
I OCT 2 5
Mr. John Dorney
N. C. Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re.Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
ele&7'
Pl ,? Al, 6e,4 v el- /Al'
g4jt'j- ?, /U/' C' ;'2L0 ?
Respectfully,
L

Mr. John Dorney
N. C. Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re.Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,
36 3 L g&f{' ?? .
P le I y ?, ?,C 0?? ?Z)A

Mr. John Dorney
N. C. Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re.Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,
3??? . t I? 1 tJf ??.

Mr. John Dorney
N. C. Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re-Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully
Z' ( ' °C
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Mr. John Dorney
N. C. Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re-Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
X --16?
ej?-J' dp
'9 q©I
? ? ? ? ? h1 jyt ???o?
Mr. John Dorney
N. C. Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re.Id 199203523
Dear Mr. Dorney,
D ?e
OCT ? 2 ?
_,.. WATER,-QQU 1.I11? In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,
3 T S?aLN Dr.
?14Ivjj h,AU - a-7& 0?

Mr. John Dorney
N. C. Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re.Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,

d
D
Mr. John Dorney
N. C. Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re-Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.

It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,
?v,
0 0 pV, eAv f,/
Mr. John Dorney
N. C. Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re.Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,
B4t fir,

v?
Mr. John Dorney
N. C. Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re.Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,
P? Ad „
Al E??(2 L A,1
h, -1v a 76?I-V
Mr. John Dorney
N. C. Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re.Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake or. Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,
Cwk ?7q,:,'?? -- / / ?3 9

Wr 1210
Mr. John Dorney
N. C. Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re.Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notificati rior to any approval being given
to Mr. Stoutt's Wiest. , /
Respectfully,

oeeg? ?D'/Z

x
Mr. John Dorney
N. C. Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re.Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,
V ?N~
t AA&t-
-7 0 (9 Vi, IPRt
Mr. John Dorney
N. C. Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re-Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,

/ r.
C?
Mr. John Dorney
N. C. Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re.Id 199203523
Dear Mr. Dorney,
OCT 12 W
WETLANDS GROUP
WATER QUALITY SECTION
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,
N???3eGwe?-
/I/6a760 el
U
rocT 12 W ,
Mr. John Dorney
N. C. Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re.Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,
W
?c a??o4-
Mr. John Dorney
N. C. Division of Environmental Management WD LANDS GROUP
WATER
P. 0. Box 27687 - UAL13Y SECTI?IN?
._-.? r.....
Raleigh, N. C. 27611-7687
Re.Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,

P/4c,1AM
4A?G . /VA AO 7Z

S ? ? 7 /v , /?'?r4 v E?
p 11910WR
OCT 121992
Mr. John Dorney
N. C. Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re-Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,
.3708 ?ea, C
OCT 1219?tt.:
Mr. John Dorney
N. C. Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re-Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,
Cl,
l? ?e?? IV, c„ 2? ? 12
OCT 1 2 IM
Mr. John Dorney WETLANDS GROUP
WATER QUALITY SEI<TlOf
N. C. Division of Environmental Management _ - "r,
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re.Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,
?a+
OCT 1
Mr. John Dorney
N. C. Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re.Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,
R
37K ?e4otr ? ??
Mr. John Dorney
N. C. Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re.Id 199203523
Dear Mr. Dorney,
Jt ??> rNU
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr- Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity .
to voice my objections at a public hearing. I have a vested interest
given
and would like notification prior to any approval being
to Mr. Stoutt's request.
Respectfully,
3?2R In/Ilo-s I3lwff' pr.
Mr. John Dorney
N. C. Division of Environmental Management
P. 0. Box 27687 WMANDS GROUP
Raleigh, N. C. 27611-7687 VM1?fER UA ITYSECTION
Re.Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,
//f/s
Mr. John Dorney
N. C. Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re.Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,
(3m--o ?6 , yOj C ,-1 7 (00 ?
C911 9'5Y //9/u:?
Off 141M

Mr. John Dorney
N. C. Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re.Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,
/C .
C
1 ?r U?Z G ? e-
0
?o'le
5
Mr. John Dorney E
N. C. Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611-7687
WETLANDS GROUP
Re.Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,

CY ?() 9
tod??
y
Mr. John Dorney
N. C. Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re-Id 199203523
Dear Mr. Dorney,
F. t
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
..haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfu y,
Mr. John Dorney
N. C. Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re.Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,
Mr. John Dorney
N. C. Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re.Id 199203523
Dear Mr. Dorney,
OCT 4 1992
4fiCti'P
UAUTY S00
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully, X-b
Mr. John Dorney
N. C. Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re.Id 199203523
Dear Mr. Dorney,

In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,
inn fi A0Aeriq-
Mr. John Dorney?g
N. C. Division of Environmental Management Off ' 4i?
P. 0. Box 27687
Raleigh, N. C. 27611-7687
WETLANDS GROi 10
WATER QUAU Y S
Re.Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,
IV ef
Mr. John Dorney
N. C. Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re.Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,
Mr. John Dorney
N. C. Division of Environmental
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re-Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,
Mr. John Dorney Y1'
N. C. Division of Environmental Management
P. 0. Box 27687' (4 1992
Raleigh, N. C. 27611-7687 WE1tAPlr,, ??
WATEC? C .
Re-Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a .danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,
Mr. John Dorney D
N. C. Division of Environmental Management
P. 0. Box 27687 OCT 14 1992
Raleigh, N. C. 27611-7687
WETLANDS GROUP
Re.Id 199203523 WATER UALITY SECTION
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,

Mr. John Dorney
N. C. Division of Environmental Management OCT 1 41992 1
P. 0. Box 27687
Raleigh, N. C. 27611-7687 WEhANflQnn..._
Re-Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,
Mr. John Dorney
N. C. Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re-Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to author a t?4d
placement of fill material into .28 Acres of Iris Lake on Beaver
en-
Dam Creek, I would like to recommend that the request be en?a
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.

I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,
Mr. John Dorney
N. C. Division of Environmental Management
P. 0. Box 27687
Raleigh, N. C. 27611-7687
Re.Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,
13 16- Clt-
?-C •,`-76O
S

October 5, 1992 Q
Mr. John Dorney OCT 1 4 1992
North Carolina Division of Environmental Mana em nt
P.O. Box 27687 WUINDSGROUP
Raleigh, N.C. 27611-7687 WATEROUALITYSMinm
Dear Mr. Dorney,
We, the undersigned residents of Riverbend Plantation Subdivision in
Raleigh, North Carolina are aware that Mr. Russell Stout has applied
for a Department of the Army (DA) permit to authorize the proposed
placement of fill material into 0.28 acre of Iris Lake on Beaverdam
Creek, adjacent to the Neuse River, for developement of residential
lots in Raleigh, Wake County, North Carolina.
We are opposed to any such action taking place. We feel that by
allowing such action to be taken, that it would have adverse effects
on conservation, economics, aesthetics, general environmental
concerns, wetlands, cultural values, fish and wildlife values, flood
hazards, flood plain values, land use, navigation, shore erosion and
acreation, recreation, water supply and conservation, water quality,
considerations of property ownership, and in general, the needs and
welfare of the people of our neighborhood.
We feel that this proposed placement of fill material into Iris Lake
will be in violation of Section 401 of the Federal Clean Water Act,
and will result in a violation of applicable Water Quality Standards
and discharge guidelines.
Furthermore, this proposed placement of fill dirt would cause a
significant increase in turbidity outside the area of construction or
construction related discharge, and would cause noticible deposition
of sediment in Lake Iris, Beaverdam Creek, and the adjacent Neuse
River.
We, the undersigned object to this proposed placement of fill into-''the
lake that makes our neighborhood attractive and unique, a haven for ,,t
fish and wildlife, and strongly encourage you to deny this permit
action ID 199203523.
signed address phone
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OPPOSED Action ID 199203523 CONTINUED page 6
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October 5, 1992
Division of Environme
Raleigh, N.C. 27611-7687
Mr. John Dorney
North Carolina
P.O. Box 27687
Dear Mr. Dorney,
We, the undersigned residents of Riverbend Plantation Subdivision in
Raleigh, North Carolina are aware that Mr. Russell Stout has applied
for a Department of the Army (DA) permit to authorize the proposed
placement of fill material into 0.28 acre of Iris Lake on Beaverdam
Creek, adjacent to the Neuse River, for developement of residential
lots in Raleigh, Wake County, North Carolina.
We are opposed to any such action taking place. We feel that by
allowing such action to be taken, that it would have adverse effects
on conservation, economics, aesthetics, general environmental
concerns, wetlands, cultural values, fish and wildlife values, flood
hazards, flood plain values, land use, navigation, shore erosion and
acreation, recreation, water supply and conservation, water quality,
considerations of property ownership, and in general, the needs and
welfare of the people of our neighborhood.
We feel that this proposed placement of fill material into Iris Lake
will be in violation of Section 401 of the Federal Clean Water Act,
and will result in a violation of applicable Water Quality Standards
and discharge guidelines.
Furthermore, this proposed placement of fill dirt would cause a
significant increase in turbidity outside the area of construction or
construction related discharge, and would cause noticible deposition
of sediment in Lake Iris, Beaverdam Creek, and the adjacent Neuse
River.
We, the undersigned object to this proposed placement of fill into'the
lake that makes our neighborhood attractive and unique, a haven for
fish and wildlife, and strongly encourage you to deny this permit
action ID 199203523.
signed
address
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OPPOSED Action ID 199203523 CONTINUED page 4
sial-l- address phone
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--7 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - +.4
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
A.
.r
a copy of this letter has been sent to:
Eric Alsmeyer
N.C. Division of Environmental Management
P.O. Box 27687
Raleigh, N.C. 27611-7687
Robert D. Volz
Major, Corps of Engineers
Wilmington District
P.O. Box 1890
Wilmington, N.C. 28402-1890
Director, Atlantic Marine Center
National Ocean Service
ATTN: MOA 232X1
439 West York St.
Norfolk, Va. 23510
Mike Gantt
Field Supervisor
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
P.O. Box 33726
Raleigh, N.C. 27636-3726
Randy Cheek
National Marine Fisheries Service
Habitat Conservation Service
P.O. Box 570
Beaufort, N.C. 28516
U.S. Environmental Protection Agency - Region IV
Wetlands Section - Water Quality Branch
345 Courtland St.
Atlanta, GA. 30365
John Parker
Division of Coastal Management
N.C. Department of Environment, Health, and Natural Resources
P.O. Box 27687
Raleigh, N.C. 27611-7687
d
A

t7
a?,M
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor Roger N. Schecter
William W. Cobey, Jr., Secretary Director
September 30, 1992
MEMORANDUM
TO: Mr. A. Preston Howard, Jr.
Acting Director
Division of Envirom-entai Managerrlent
FROM: John R. Parker, Jr.
Inland "404" Coordinator
SUBJECT: "404" Project Review
The attached U.S. Army Corps of Engineers Public Notice for Action No. 199203523
dated September 24, 1992 describing a proposed project by Mr. Russell Stoutt,
Raleigh, NC is being circulated to interested state agencies for comments on
applicable Section 404 and/or Section 10 permits.
Please indicate below your agency's position or vidwpoint on the proposed project
and return this form by Or-toter 26, 1992. If you have any questions regarding the
proposed project, please contact me at 733-2293. When appropriate, in-depth
comments with supporting data is requested.
REPLY This office supports the project proposal.
No comment.
Comments on this project are attached.
This office objects to the project as proposed.
Signed
Date
P.O. Box 27687, faleigh, North Carolina 27611-7687 Telephone [phone]

DEPARTMENT OF THE ARMY
Wilmington District, Corps-of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID 199203523
September 24, 1992
PUBLIC NOTICE
MR. RUSSELL STOUTT, 1100 Navaho Drive, Suite G-L 114, Raleigh, North
Carolina 27609, has applied for a Department of the Army (DA) permit TO
AUTHORIZE-THE PROPOSED PLACEMENT OF FILL MATERIAL INTO 0.28 ACRE OF IRIS LAKE
ON BEAVERDAM CREEK, ADJACENT TO THE NEUSE RIVER, FOR DEVELOPMENT OF
RESIDENTIAL LOTS IN Raleigh, Wake County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the U.S. Army Corps of Engineers (USACE). Plans submitted
with the application show the placement of approximately 3,995 cubic yards of
clean fill material into an unvegetated area of an existing lake on Beaverdam
Creek, adjacent to the Neuse River to allow development of two residential
lots. Lot.No. 221 will require approximately 925 cubic yards of fill material
over 0.03 acre of the lake. Lot No. 220 will require approximately 3,070
cubic yards of fill material over 0.25 acre of the lake. One house will be
constructed on Lot No. 221, and two houses will be constructed on Lot
No. 220. The stated purpose of the work is to allow construction of
residential homes. The applicant has not yet provided any information
concerning alternatives to the proposed discharge, or compensatory mitigation
for the unavoidable impacts. Plans showing the proposed construction are
included with this public notice.
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No DA
permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management has determined
the applicability of a Water Quality Certificate as required by PL 92-500..
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register

-2-
constitutes the extent -of-.cultural-resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by the applicant and onsite observations, that the activity'will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards, flood'plain values, land use, navigation, shore erosion.and
accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of
the United States, a permit will be denied if the discharge that would be
authorized-by such permit would not comply--with the Environmental-Protection
Agencies, 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria, a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State, and local agencies and officials; Indian Tribes, and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition, or deny a permit for this
proposal. To make this decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general environmental
effects, and the other public interest factors listed above. Comments are
used in preparation of an Environmental Assessment and/or Environmental Impact
Statement pursuant to the National Environmental Policy Act. Comments are
also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity.

-3-
Generally, the decision whether to issue this DA permit will not be made
until the North Carolina Division of Environmental Management (DEM) issues,
denies, or waives State certification required by Section 401 of the Clean
Water Act. The DEM considers whether or not the proposed activity will comply
with Sections 301, 302, 306, and 307 of the Clean Water Act. The application
and this public notice for the DA permit serves as application to the DEM for
certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North-
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
October 16, 1992.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before October 13, 1992, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Eric Alsmeyer, until 4:15 p.m.,
October 26, 1992, or telephone [phone].
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Mr. John Dorney FNO N. C. Division of Environmental Management Q P. 0. Box 27687 Raleigh, N. C. 27611-7687
Re-Id 199203523
Dear Mr. Dorney,
In response to the notice regarding the permit to authorize the
placement of fill material into .28 Acres of Iris Lake on Beaver
Dam Creek, I would like to recommend that the request be denied.
One of the main features for consideration in purchasing a home
in this subdivision was having full access to the lake, enjoying
the fishing and watching the hundreds of migratory birds that
come in daily.
I oppose Mr. Stoutt's request as it will obstruct most of the
public access to the lake, it will impose a danger to the fish,
reduce the space available for migratory birds to find a protective
haven and it will add to the flood hazard of the Neuse River by
displacing areas with fill dirt where flood waters can now rise.
It appears that the reasons for denying Mr. Stoutt's request are
obvious but should the Army Corp feel that there is a justifiable
reason for approving this request, I would like an opportunity
to voice my objections at a public hearing. I have a vested interest
and would like notification prior to any approval being given
to Mr. Stoutt's request.
Respectfully,
ZX4-
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WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
N.C. Dept. of Environment, Health, and Natural Resources

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Wilmington District, Cor
Post Office Bo
Wilmington, North Carol
Action ID 199203523
E c eeOsi992
8402-1890
September 24, 1992
PUBLIC NOTICE
MR. RUSSELL-STOUTT, 1100 Navaho Drive, Suite G-L 114, Raleigh, North
Carolina 27609, has applied for a Department of the Army (DA) permit TO
AUTHORIZE THE PROPOSED PLACEMENT OF FILL MATERIAL INTO 0.28 ACRE OF IRIS LAKE
ON BEAVERDAM CREEK, ADJACENT TO THE NEUSE RIVER, FOR DEVELOPMENT OF
RESIDENTIAL LOTS IN Raleigh, Wake County, North Carolina.
The following description of the work is taken from data provided by the
applicant and from observations made during an onsite visit by a
representative of the U.S. Army Corps of Engineers (USACE). Plans submitted
with the application show the placement of approximately 3,995 cubic yards of
clean fill material into an unvegetated area of an existing lake on Beaverdam
Creek, adjacent to the Neuse River to allow development of two residential
lots. Lot No. 221 will require approximately 925 cubic yards of fill material
over 0.03 acre of the lake. Lot No. 220 will require approximately 3,070
cubic yards of fill material over 0.25 acre of the lake. One house will be
constructed on Lot No. 221; and two houses will be constructed on Lot
No. 220. The stated purpose of the work is to allow construction of
residential homes. The applicant has not yet provided any information
concerning alternatives to the proposed discharge, or compensatory mitigation
for the unavoidable impacts. Plans showing the proposed construction are
included with this public notice. _
The State of North Carolina will review this public notice to determine
the need for the applicant to obtain any required State authorization. No DA
permit will be issued until the coordinated State viewpoint on the proposal
has been received and reviewed by this agency, nor will a DA permit be issued
until the North Carolina Division of Environmental Management has determined
the applicability of a Water Quality Certificate as required by PL 92-500..
This application is being considered pursuant to Section 404(b) of the
Clean Water Act (33 U.S.C. 1344). Any person may request, in writing within
the comment period specified in the notice, that a public hearing be held to
consider this application. Requests for public hearing shall state, with
particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the
National Register of Historic Places for the presence or absence of registered
properties, or properties listed as being eligible for inclusion therein, and
this worksite is not registered property or property listed as being eligible
for inclusion in the Register. Consultation of the National Register
f
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constitutes the extent of cultural resource investigations by the District
Engineer, and he is otherwise unaware of the presence of such resources.
Presently, unknown archeological, scientific, prehistorical, or historical
data may be lost or destroyed by work under the requested permit.
The District Engineer has determined, based on a review of data furnished
by.the applicant and onsite observations, that the activity will not affect
species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973.
The decision whether to issue a permit will be based on an evaluation of
the probable impacts, including cumulative impacts, of the proposed activity
and its intended use on the public interest. Evaluation of the probable
impacts which the proposed activity may have on the public interest requires a
careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. The
decision whether to authorize a proposal, and if so the conditions under which
it will be allowed to occur, are therefore determined by the outcome of the
general balancing process. That decision should reflect the national concern
for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative
effects thereof. Among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards, flood plain values, land use, navigation, shore erosion and
accretion, recreation, water supply and conservation, water quality, energy
needs, safety, food and fiber production, mineral needs, considerations of
property ownership, and, in general, the needs and welfare of the people. For
activities involving the placement of dredged or fill materials in waters of
the United States, a permit will be denied if the discharge t_hat___would_1bs_---------
authorized by such_permit_would-not--comply-with-the Environmental Protection ..
Agencies' 404(b)(1) guidelines. Subject to the preceding sentence and any
other applicable guidelines or criteria; a permit will be granted unless the
District Engineer determines that it would be contrary to the public interest.
The Corps of Engineers is soliciting comments from the public; Federal,
State, and local agencies and officials; Indian Tribes, and other interested
parties in order to consider and evaluate the impacts of this proposed
activity. Any comments received will be considered by the Corps of Engineers
to determine whether to issue, modify, condition, or deny a permit for this
proposal. To make this-decision, comments are used to assess impacts on
endangered species, historic properties, water quality, general.environmental
effects, and the other public interest factors listed above. Comments are
used in preparation of an Environmental Assessment and/or Environmental Impact
Statement pursuant to the National Environmental Policy Act. Comments are
also used to determine the need for a public hearing and to determine the.
overall public interest of the proposed activity.

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Generally, the decision whether to issue this DA permit will not be made
until the North Carolina_ Division of Environmental Management (DEM) issues,
denies, or waives state certification required by Section 401 of the Clean
Water Act. The DEM considers whether or not the proposed activity will comply
with Sections 301, 302, 306, and 307 of the Clean Water Act,. The application
and this public notice for the DA permit serves as application to the DEM for
certification.
Additional information regarding the Clean Water Act certification may be
reviewed at the offices of the Environmental Operations Section, North
Carolina Division of Environmental Management, Salisbury Street, Archdale
Building, Raleigh, North Carolina. Copies of such materials will be furnished
to any person requesting copies upon payment of reproduction costs.
The North Carolina Division of Environmental Management plans to take
final action in the issuance of the Clean Water Act certification on or after
October 16, 1992.
All persons desiring to make comments regarding the application for Clean
Water Act certification should do so in writing delivered to the North
Carolina Division of Environmental Management, Post Office Box 27687, Raleigh,
North Carolina 27611-7687, on or before October 13, 1992, Attention:
Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will
be received in this office, Attention: Eric Alsmeyer, until 4:15 p.m.,
October 26, 1992, or telephone [phone].

Public Hearing for 401 Certification for Russell Stoutt
Project, Wake County
Archdale Building Ground Floor Hearing Room
Raleigh, N.C.
January 13, 1993
Tommy Stevens: Good evening, I would like to call this
public hearing to order. My name is Tommy Stevens and I will be
the hearing officer tonight. I am the Water Quality Supervisor
for the Fayetteville Regional Office of the Division of
Environmental Management. First, I would like to recognize the
Division of Environmental Management staff members present. If
anyone needs any help during this hearing, please contact a staff
member who will be glad to assist.
Mr. Ron Ferrell
Ms. Cherri Smith
Others?
The purpose of this hearing is to solicit water quality
comments from all interested parties regarding the proposed fill
of 0.28 acres of Iris Lake near the Neuse River in Wake County at
the intersection of North Beaver Lan$t and Stoutt Drive. Mr.
Stoutt applied for a 401 Water Quality Certification on September
30, 1992. Due to concerns expressed by the public, Mr. Preston
Howard, the Director of the Division of Environmental Management,
decided to have a public hearing on the matter to gather public
input. Before we ask for comments from the public and the
applicant, I will ask Mr. John Dorney to explain the 401
Certification process.
John Dorney: In order to put this meeting into
perspective, I will briefly describe the 401 Certification
process. Any project which adds fill to water or wetlands of the
U.S. requires a 404 permit from the U.S. Army Corps of Engineers.
This project requires an Individual Permit from the U.S. Army
Corps of Engineers since it is in the Neuse River floodplain.
The Corps of Engineers published a Public Notice on September 24,
1992. According to the Clean Water Act, each 404 permit needs a
Section 401 Water Quality Certification from DEM. A 401
Certification is a Certification by DEM that the project will not
violate any relevant water quality standards and regulations.
A Corps 404 permit cannot be issued until a 401
Certification is issued or waived. Our review for 401
Certification follows 15A NCAC 2B .0109 and .0201. The basic
review process is as follows. DEM first determines whether
significant, existing uses are present in the water or wetland
and whether they would be removed by the project. If these uses
are present and would be removed, the applicant must then

• demonstrate that these is no practicable alternative to the
project. Practicable is defined as taking into account cost,
technoloay and logistics. If no practicable alternative is
convincingly shown by the applicant, the next review step is
whether the fill can be minimized. Finally, DEM looks for the
applicant to adequately mitigate the lost uses, primarily through
water creation or mitigation. Based on several field visits, DEM
staff identified significant uses which are provided by this
portion of Iris Lake - namely, water storage, pollutant removal,
aquatic life habitat and wildlife habitat.
Tommy Stevens: With this background information, let me
discuss the schedule for this evening. First Mr. John Harris
(engineer for Mr. Russell Stoutt) will present information
concerning the design of the project. Mr. Russell Stoutt will
then present the reasons for the project and any measures taken
to protect the environment and water quality. We will then take
written or oral statements from every individual who signed up to
speak at the front table. If you missed that opportunity, please
see Mr. Ron Ferrell or Ms. Smith in the back of the room sometime
this evening. I request that you limit your comments to five
minutes in length. More lengthy, detailed comments can be made
in writing to the following address:
Mr. Tommy Stevens
c/o Mr. John Dorney
Water Quality Planning
N.C. Division of Environmental Management
P.O. Box 29535
Raleigh, N.C. 27626-0535
The hearing record will remain open until February 13 for
this purpose. Anyone wishing to make a written statement is
welcome to do so by that time. After that time, I will evaluate
all the information and statements and make a recommendation
regarding the 401 Certification and any relevant conditions. My
recommendation will be made to Preston Howard. If he decides to
deny the 401 Certification, Mr. Stoutt will either have to modify
his plans to make them acceptable to DEM or appeal the decision
through the Office of Administrative Hearings. If Mr. Howard
issues the 401 Certification, Mr. Stoutt will need to obtain a
404 Permit from the Corps of Engineers before construction can
begin.
Now I will ask Mr. Harris to explain the project and its
design.
Now I will ask Mr. Stoutt to describe the environmental
impact of the project, alternatives and any planned measures to
protect the environment and water quality.
Now I will call on citizens who have asked to speak. I will
also call the name of the next speaker and ask that she or he be
ready to speak promptly. Mr. Dorney will assist me in keeping
?? •- ?) ? +, tip" u?1..E:"? .
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the speakers to five minutes. Please be considerate of other
speakers and end your comments at five minutes.
Thank you for your respectful attention during this hearing.
As I mentioned earlier, the hearing record will remain open until
February 13, 1993. After that time, I will make a recommendation
regarding the Certification to the Director of the Division.
This concludes the public hearing for the 401 Certification for
the Russell Stoutt project in Wake County.
Stoutt.her

AFFIDAVIT OF PUBLICATION
Before the undersigned, a Notary Public of said County and State, duly
commissioned and authorized to administer oaths, affirmations, etc.,
personally appeared .Robert M. Woronoff; Jr_
who, being duly sworn or affirmed, according to law, doth depose and say
that he is Treasurer
of THE NEWS AND OBSERVER PUBLISHING COMPANY, a corporation
organized and doing business under the Laws of the State of North Carolina,
and publishing a newspaper known as THE NEWS AND OBSERVER, in the'
City of Raleigh, County and State aforesaid, the said newspaper in which
such notice, paper, document, or legal advertisement was published was, at
the time of each and every such publication, a newspaper meeting all of the
requirements and qualifications of Section 1-597 of the General Statutes of
North Carolina and was a qualified newspaper within the meaning of Section
1-597 of the General Statutes of North Carolina, and that as such he makes
this affidavit; that he is familiar with the books, files and business of said
corporation and by reference t the files of said p%blication the attac,ed
advertiseme t of .. ?r? ?j tG n6gLCL
...:nl.. .. u?... C?.! .c?a-icy
was inserted in the aforesaid newspaper in space, nd on dates as follows:
MONTH
1
The above is correctly copied from the books and files of the aforesaid Corporation and publication.
SEAL
Title Treasurer /
Sworn or affir and subscribed before me, this ......... 1. ... day of
QL??) .... AA In Testimony Whereof, I hve he my han nd affixed my official seal, the
day and year aforesaid. .? ...`/`.? .......... .
Notary Public.
My commission expires. 2nd ........ day of. . July......... 19 .95 ...........
NORTH CAROLINA.
Wake County. )SS.

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The
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Invoice
for
LEGAL ADVERTISING
ACCOUNT NUMBER ACCOUNT NAME
7RA47@Epp NC DEPT OF EHNR V?V
01/10/93
BILLED TO:
ENVI BUDGET OFFICE 6V?? ?FF?CE-
DEPT O T.MGMT. R
PO BOX 29535 DEM
RALEIGH NC 27626-0535
remit to:
LEGAL A/R DEPT.
P.O. BOX 191
RALEIGH, NC 27602
FOR CUSTOMER SERVICE:
829-4586
INVOICE NR PUBLICATION DATE DESCRIPTION SPACE RATE COST
5WE101 01/10/93 JOHN DORNEY-CORRECTED NOT/ N 42.OOL 2.65 $111.30
TOTAL DUE $111.30
L
RETURN REMITTANCE COPY WITH PAYMENT
DATE
MO DAY YR JNL DEPT/DIV
4 0 4 3 0 0
VENDOR
N.C. Department of Environment, Health, and Natural Resources
Division of Fiscal Management
DISBURSEMENTS ACCOUNTING CODE SHEET
ADD [] CHANGE
VENDOR NAME AND ADDRESS

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ZIP CODE ID/CODE TAXPAYER I.D. NUMBER
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REMARKS:
Prepared By Division Approval for Payment Date
CR=X
PAGE OF
For Division of Fiscal Management Use Only
Audited for Payment Date
INVOICE NUMBER OR DESCRIPTION STUB TYPE a S = Key Stub INVOICE AMOUNT
/ ij ` ' C`

11 1 1 7 7 1 1 M

1 1 1 1 1 1 1 1 1 1

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DIST.
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ASSET NUMBER
(6)
REFERENCE
NUMBER
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DEHNR XXXX (3/91)
General Accounting Section (Review 7/94) Part I (white) - Fiscal Management; Part 11 (yellow) - Division Offices
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7 ? _ ?
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State of?North Carolina ENV. MANAGEMENT .
FAYETTEVILLE REG. OFFICE
Department of Environment, Health, and Natural Resources
• Divi;;ion of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. A?Zartin, Governor A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary December 2, 1992 Acting Director
Mr. Ed McCallum, Secretary
Riverbend at Lakeside Homeowers Association
5821 Iris Lake Court
Raleigh, N.C. 27604
Dear Mr. McCallum:
RE: Public Hearing for Russell Stoutt project
Wake County
DEM # 92569, COE # 199203523
As we discussed ors the telephone earlier this week, the Director
of the Division of Environmental Management has decided that it is in
the public interest to hold a public hearing concerning plans to fill
0.28 acres of Iris Lake for residential lot construction. The
attached copy of the public notice will give you information
concerning the timing and location of the hearing. As we discussed,
Mr. Stoutt's engineer will give a brief presentation on the design and
plans for this project in order to put it into perspective for the
hearing officer and the public in attendance. The hearing officer
will be Mr. Tommy Stevens who is in charge of the Water Quality
Program in the Fayetteville Regional Office.
I have also enclosed copies of the relevant regulations for the
public hearing and our decision making process as you requested.. If
you have any questions concerning the hearing or our decision making
process, please call me at 733-1786.
Sincerely,
J hn R. orney
W tlands and Techni al Review Group
mccallum.ltr
cc: Tommy Stevens, Fayetteville Regional Office
Steve Tedder
.Boyd DeVane
Eric Almsmeyer, Corps of Engineers Raleigh Field Office
`r
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Vliimington 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 Psys
P.O. Box 29535, Raleigh, I?TOrth Cazolina 27625-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer
y ?g?o ® II }
DEC 3 1992
ENV. MANAGEMENT
FAYETTEVILLE REG. OFFICE
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 2, 1992 A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary Acting Director
Mr. Russell Stoutt
1100 Navaho Drive, Suite G-L 114
Raleigh, N.C. 27609
Dear Mr. Stoutt:
RE: Public Hearing for Russell Stoutt project
Wake County
DEM # 92569, COE # 199203523
As we discussed on the telephone earlier this week, the Director
of the Division of Environmental Management has decided that it is in
the public interest to hold a public hearing concerning your plans to
fill 0.28 acres of Iris Lake for residential lot construction. The
attached copy of the public notice will give you information
concerning the timing and location of the hearing. As we discussed,
it would be helpful if your engineer could plan to give a brief
presentation on the design and plans for this project in order to put
it into perspective for the hearing officer and the public in
attendance. The hearing officer will be Mr. Tommy Stevens who is in
charge of the Water Quality Program in the Fayetteville Regional
Office.
I have also enclosed copies of the relevant.regulations for the
public hearing and our decision making process as you requested. If
you have any questions concerning the hearing or our decision making
process, please call me at 733-1786.
S' cer l
I
Jo n R.. Dorney
W lands and Technica Review Group
stout2.ltr

cc: Tommy Stevens, Fayetteville Regional Office
Steve Tedder
Boyd DeVane
Eric Almsmeyer, Corps of Engineers Raleigh Field Office
REGIONAL OFFICES
Asheville Fayetteville Mooresville 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 [phone]
An Equal Opportunity Affirmative Action Employer
,iJ ......-.
o• ASE o
N .
DEC 3 1992
ENV. MANAGEMENT
AYETTEVII.LE REG. OFFICE
F
State of North Carolina
Department of Environment, Health, and Natural Resources
Division of Environmental Management
512 North Salisbury Street s Raleigh, North Carolina 27604
James G. Martin, Governor December 1, 1992 A. Preston Howard, Jr., P.E.
William W. Cobey, Jr., Secretary Acting Director
Raleigh News and Observer
P.O. Box 191
Raleigh, N.C. 27602
ATTN: Legal Ad Department
Dear Sir:
SUBJECT: Public Notice
Please publish the attached Public Notice one time in the
section set aside for Legal Advertisements in-your news-paper.
The publication should run on or before •December 8, 1992•.
Please send the invoice for publication and three copies of the
affidavit of publication to the address given below. Payment
cannot be processed without the affidavit of publication.
N.C. Division of Environmental Management
Water Quality Section
Post Office 29535
Raleigh, North Carolina 27626-0535
Attn: John Dorney
If you have any questions concerning this matter, please call
me at 919/733-1786.
Sincerely,
J n Dorney
401 Certifications
JRD/kls
PubNot.ltr
cc: John Dorney
Raleigh DEM Water Quality Regional Office
Steve Tedder
Tommy Stevens, Fayetteville Regional Office
Preston Howard

REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington Winston-Salem
704/251-6208 919/486-1541 704/663-1699 919/571-4700 919/946-6481 9191395-3900 919/896-7007
Pollution Prevention Pays
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone]
An Equal Opportunity Affirmative Action Employer

NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION ?-
DIVISION OF ENVIRONMENTAL MANAGEMENT
NOTICE OF PUBLIC HEARING FOR 401 WATER QUALITY CERTIFICATION, RUSSELL STOUTT
PROJECT, WAKE COUNTY
Notice is hereby given of a public hearing to be held by the N.C. Department
of Environment, Health and Natural Resources on behalf of the Environmental
Management Commission concerning a 401 Water Quality Certification for fill of
0.28 acres of Lake Iris. A 401 Certification is required by the Federal Water
Pollution Control Act and certifies that all appropriate state water quality
standards will be met by the proposed action.
PURPOSE: Mr. Russell Stoutt has applied for permission from
the Division of Environmental Management to fill
about 0.28 acres of Iris Lake near the Neuse
River, Wake County for the purpose of residential
construction near the Neuse River at the
intersection of North Beaver Lane and Stoutt
Drive.
DATE/TIME: January 13, 1992 at 7:00 pm
LOCATION: Ground Floor Hearing Room
Archdale Building
512 North Salisbury Street
Raleigh, N.C.
COMMENT All persons interested in this matter are invited
PROCEDURES': to attend. Comments, statements, data and other
information may be submitted in writing prior to,
during or within thirty (30) days after the
hearing (by February 13, 1992) or may be presented
orally at the hearing. Oral statements may be
limited at the discretion of the hearing officer.
Submittal of written copies or oral statements is
encouraged.
AUTHORITY: N.C.G.S. 143-215.3 (a)(1) and (c). Water Quality
Certification regulations 15A NCAC 2H .0503.
INFORMATION: Further explanation and details of the proposed
action can be obtained by writing or calling:
John Dorney, 919-733-1786
Wetlands and Technical Review Group
Water Quality Planning
Division of Environmental Management
P.O. Box 29535
Raleigh, N.C. 27626-0535
or
Tim Donnelly, 919-571-4700
Water Quality Section
Division of Environmental Management
Raleigh Regional Office
3800 Barrett Drive
Raleigh, N.C. 27609
1

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ract:eZ41d, t'a ne,?urA' :anuty a! ra"d
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h4phada d ar. .r;ha;ACnicus icy:OVade^= of lace; to eec
end ndaquar.a ti. ca anac,o j?ec'waan
p 1Y i a h qh t,"na and
ropa::y a+st?acks fron s*.testa,
??ard
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M A F F FR P'= 1 1 7 V1 1? _ ?3 ! R' « N '•l I L_ L. M s s.? r,: J.

170 LOc sin=` be "Std txCar?t for :d_iQen ;unpin on any ot
'aged, or permitted ai d:c'i ,,,It ,aeaily dwelling no to axtt4 o`a tnan
o:har ,han one ?ltcnc.,eci ger.d a privetb garage ,or set
three Cerra,
+ chi?eetuYal b rauty Y LhIS rtc: io. 4pora
beauty
;n order to :?a_nea.n 4r r.d 4r re?atA
to guard rgmir?e eha ezeccion eher.ain allowed to
c. p said 11
tioned ar.Y_C'vrts, no buildinv anal'. ba OA dxcc " rya at said tWild%n on said property, roe shall any4p7,enstahowinQR any location
n e
until tha plot licarione showing rh• typ
b and 41"Ce» vad in
grooeray be :cad's and
uildir.q On th'a lot and the Pl to and aggro
end exr.erio« iistas ehereoE hAV• baen aybmitkad
l=ee appoinrad by ':• aoerd of Directors
writs q by an lines
to off4cer a Mou eomsesosixvit bd of dither colon el, vkit-ta4mfails
Comm
of TALK ;tm Co Pn• c :aid officer or
i•ional ddailir• in the avtn or location wi'chi eaC Oath+r4i*
or trod.. rove Such, dt"91%
"2'. >
have
Kav4 or di-app su
ch
to app eafica+.ion¢ oi'l nth+e?erection oa
day% alter said 714, nrd dpi! na suit r4 tn9
rcquiCeC, or In anY eve ?t'such e a'Jte«ar,aroval ion wiat: ?:aa not be cot?ttnCCd ?ri4?his
requ!;td a
Dui:d»nc, a: the sax nq a. Sadh
.`. atCa•
a boc+tols`.0a su eh eheecof. id wit,% fully.
w;,l bs7 ned to ..dvha benn Cosapl4 CC aA°
any nroval
-avtr.Ana- dee r t`cd' no ap
this eovtnaC' • ;SO ,.
err c: mert`o?-a of 1%;:h Committer nhail n09 a tss-.
a;formad ur carnt to
ians by an a!`_ictr tlv cc,aAitt4*
saeien for services P and specif-ca a aru'!esa 4t
rs. ;Lc p Lans iaa:on to violate tbesa 4QVenonisca?iona ts ..raPlY
sha:r be daera?#d parh the plat la:, ard/Q«' plans and spc-•. otside« or Cony
rnd *;,ct that F +? aporova, by sa.cll
iadicA.0 n,he vidJae on; and no sue' heta eQVansrtt.
tit.".te Rh?I! ?CCUCnt Ends en:GS''OmeMt 04 t
nni2C;.G :?
ur w?:CStn par:-4?:On 6E
,.c dwe:lin4 shall 0 pa=aitcsd with" Yeund t'-oor 4rad
n n buiedinS u11 uhi.:t dwaLling ha* a g
g
exClusivb of tbaae;nat?tY, perches, arag•$ and
wtc;:y dw* 7.in9
pee_`ra :< ar,Yu:nura,
cR t:,e to., cart Ict: ;or a One-
a dread, o. Lest than 185p aq s ooT o! a one and
-tsb?r p l.aa than 1250 squa_t+ `.4;p that tdwa j.,inas 0! one and one-ha;t
s r wa11i191 pz;v•dnd ! nisrad Livia'. aria OA
or.a.?a1. a.Cry d qua: 4 feet of ' ar..1 wcr'<aan-
;ri shall hard ate, .aa#cn5sai?q ahA11 be 04 mataY-44hA.l
t;:e c.c0nd -nose Tft t"..4 5_0vnd oar uttt*
s't? equal Co a_4 loan on thr !>cs= t oar fandwve houacs
hav¦ a at:n=:,,;= c?f1 agCC,g 6aufta on the pec-nd :loos. •qp" ®4xoLusivt o#?
fta- ct !inis:+cd .-'?st uar?e
a ;, Nn+
:nimun d fL??or #or Shall ? havr ?a ?inla?4n !"oor #=ra o!
ardA? s' unfi;;ishod aYtd
s;-,al40sqauvaer.e nisra iP xhs
barettnt Ct txc:ua:v4 0: ba#•mant c ,east 300 sQuecw
-set , , ;?pennl !?4or sz4a a• at -
basersent ;evai .c.r.ta:ns ac.a_ wnr'?.ma°+ahip and ,atar:a:a t-.4p4r-
143 ;:-:D EL r, :'! is to
yLt ?. 4t L'_•.i3 a.' LavC iA•
yr; Ldi+9 shall b a loeated on any lot nvaear to the 'rent ttn4
bui
? least
thv SC feat, prav:ded, hOw¦vae. rho o ore spCeet c?tramd 1$ iit naX
'as '-CCa?rd nsarar
to laeaaed n. k nearer :!tan aTM a+va bu.ldi ?q shall
tQ Eder .rod c:-a octet at-#a' on Sn.er.CY O ,t 111na. For the puTPCS4e of this
t;ass L$ Ceee a:;. peec`,es *ha.". not b4 tonalderta' A
ro
Cov4tlane, .cvas, snags. a+n edoptowe'.11t, t'°,ar. *his anal'. not Ct ?^.of"
a ;u?L inq, ?^•oy a puil.ling on a ion *o anCTn i n4
at
7
{a. 'SEA r,? ?rr'7`rh'n1 ?h8?:gad:?s 1ti0 c; r }3? 9{hyirn`n , ?a?a? F, r8 h4
and /td• :itta regv;ron+n y au-+ rt?u:rwfian's 01,al«
at r, nn Kbr ?ecx an t et .3! ct nnrt
(`j?o;9P.!OdI nun, t:1 ss.
r
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41

© dwglSing that. ba exec=ad or placed on ar 'back y Let line hav nor of +e of on nqae a width
go L4so than
Lesx than ? S faoe at tht minimua bui Ld;nq $e than
dweijin9 be effiat=c3 or p'a?ces! cn any Lot havS>Zq en tired
rnMaver, a d+ielSing may be
;0.`d9o bc{'IArA featr 4Yaviu ra!arrad to recorded map,
an any ,`•,. ihC?+T1 d!! C..e AGO'f4
,+ nnu
caiattnar'" of t?i?.zief and
?asamfac for' iarta4 at ion and shoran on the recorded plat
drainage aeii:t+e3 era 4aeerved as ftier OM each tide Tina un:ass
over Cho "ea: 'C :Vtz of 04th lot and S ?gh ca#tl the
shown in excess 41 such distanvas on rzv o,dad plat ? in aP whh Stinting yr
p?at thos control, Within placed Lhasa atted+tooremain whichgmay damage
o
ocher mi mnto r;al shall CR placed or,Pexmi and matytenance of uxilltas and
Cr inter"era +Lt F ate instal: .%ay than a the directiork Ct 'flaw OL
i n nhe aaenants, or drainage fneiLi-ids. or weae '+a r Which asy obye;uCt Or retard
d=ainagw »Sow ,e at : water ? '-' 1atl8 channels in the raa4men The
?
t1le eas be aaist-
r%, uSr Q-a 4 l all! a mai e,samana axaa of such ;or, at,d all improvafic^.ts in it shall!
y resporl Baia,
tatne3 aan..nu©u3Ly by th,& owner of thetJ0 , 4X,0ee;t!OC thoild
ncACS for sJ;tizch 4 public Auzhoriry or ui%lty company ." ?a t the road ]property in
The developer rexetves the :ieahr. to slab c.
a cbn.za-t with Casolloa power. and Ll ht Company
r•hi9 tubdivia"3n Chi fi r - / ;t uiY® an
lot tMa installation of undargraund *,tOtriC C01ts an¢ or the na
scallation of straf.s llght:yg, eir.rier or `both of which may 4
a nd/o: a ccnE inuirg manth.y paymon t W CEtrolits4 , Owot
g -enz a
and L'-9112 nd ^;tmrar.y by the owner of ea-1i
asda or aativLey she l '40 :arriad an ,upon
any Ltoon'g, rr.07 a ot-trtairin, ba dome thdraon which -.14Y or beCvOc any
uia .sn;zh'
kn;toyanci or nuisnnce t4 the naighbozhcod. Na tie ;f or Imii.ooards
shnik Sra.praeead or maintsinod on t`w pramisao. Nb trade sacwrisLs Or
inventor.as may bw stored or ra u=arty parxed on the promises. No
bus:nals activity is t-ado cl a"Y rind wha?soave: which shall incLvd*
„ or 's 0t.l --cs of
Yocniaq 1lcsusR,
Sur, net to SiriCed .O the uaa?4f any r-eler-ildin= cy as hous a e, a oc.
prp!ess rLrj af.is_ of any "S tip ore gift shop, steel.'. ?t Cntried an
a bca;d`n9 houaa, an nnriQ? .
vpoe , any ,o*
A(
taM:or4tY cza.-a-za=, rat-"_,ricnal vwhic!sr
r.:3ef osatb+aL_d#Cq
$o tf-44a o_ a ataWa, barn or
z,•xilar, bment sh dCt+ 3 zla as a rQaidenct,
tyal, ha j;0,4 Mn my ,oc or Sai_ in'3 unza 4r. any ti
eithsr `4?^ar9C==y or pccaanont: .
AK:. ' ? t 1
e:LaC ,.;r:n ?Jn_r9frt.&PhA:L r?C
A:S driveways Ahw'ml be paved Ln 4 dirt dr gra"4
Ur,'t r, r ?YQ •j i? rwEtir9 wt:l
Is_•; `CiI
v '.i-.d shaaLl td ra;?tM?', b?sd
C a..^. a3:z, 1,71 *0.= OC poul.tY o. Sn. r prLrC
or kc7P Gn any La* r?r Ou::?inq ur?ir, tcc?niing Sags. cs S, ar
'su ?? pr_ Tided tney er sdr bred or
iGud ih.?i? 94"' ,h:C. i 4? u C? 19.
mn :Sr2 ??C for any an 10CC:?:
c:
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IkRTTCL,u :4v+
,gxtcutel and filar o= racv:d, sddiela,lALvs
np^"oi::sad documents subjseted to thews FtatCOr.i
_¢ su'e n {ivvr Send ?Ibv'tat ion MAY bq
xaTICT.F X, I:
> t2sa :and and s;+a11 be bind7•Nh4'
tee ./e7anPS prb ca ;un i?r ?t1deC t1? Unc.1 2014, a•
al! par=:tla and a:. pe=;ang =-aiai?9
la F:re•
ri°a id C?•.ve,;e7;`s a'r.a1.1 nssr,omaat'.cdil`j 09
Rit°.1C4r x:V
' I r. ut-.y a,}ale:ffie
rccatd.n9a cis ate daialaca a :y GQVenaot
rn"orCenen- rhaJ l atirpiq or attitm 9
any person Or Pcrsonsa i0 O a recover dasaecaa.
sith*r :o .oar„sin violA cn or o
C? any nna Of chess epyanants of any part thastaf by
o? sd then lailuro
nvali,?a,,;on no way 8.lsCt any
judgment or a7ars OCda.f shall M R9t E and tf:srt, and
to enfOZeer e:te vtolatiatt a
Vi,aNn. which %hell tpsaain in f%UL 5 conrits??
Of as a
any Person Or Persons to taka action s ahnlr net
f chess ravenants 111d rtstandfiOb±onshall nos pr4tren: tha az:Orcr?aerit
try v oer Of any !, G ?em cenvr fntj in the i'ucure,
n,
f+n?`, ;Qvc^ s:t o> Ona
-V
AavGf.?a Z* by G'ec:arana.
laid ?X, it ctmpp.4y and 14R:
;?? ; ?S?:s1Cc Y WKIMM the la, its their na?ss b'?
this inat.ueene to to e?e'Crata saris be hartto
all
6A:?h ha'.s °atised V{CS p:egident, %!;air c„zpca: tanr
their ?reeident or "heir yistct.$ee:dCra tarY or Rzsis 'to °tJ
And artairad b? "cal. t!%4 Said ?
a'.e Y ar
by c_!e= of -:leis SCA_d ' and saal. all ad o: t"t day an
s;-ec :,aa ",a:runeo wan his hand
f, st 4 Eva +r.et-,?i•

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I,+. r,%:A? SAUCE Y. R?E'SI
tho undaraigna tiocnry p,l?, a xee:»_/
pBCSar. .ley appGardd %Y!U"0:14 VA* t i& ySY ar.d v!Xnow t?d4ad that h® is
e5 yada y ?i? C'ALK AND ,OM?A0X# b Nor h Ca '9) .na Carpar,eian, and that
gy authoLity duly given and as ;he ae% at ?ths C040vatlon tIs L°fh
f?
Pzes iQSnC, aecaLadt:*
gditi4 in.se_wamo? a '.+as ?ignad ir?t¢ name 9Y .t3
its t:Orpor "e seal, af5d ,ttestad 'ay himsel« da its . C'Cr't?Ct r f
tf f^TQ w .,,•, ,
wi!'nems -AY hand and, mccarial, ssa3 Lh"s dav
?y ;?o,nrl:sa:,,ft BxpS•S67lc ' '.``•,;?f ,:??' '
i
1on,TH C',%AOLZNA
;, ?ha t:rdn:aa;?rd ,,otRry Ptb1fd CQV?I?y that
,tartd ? -;DC t'a c. .s aY end
gd_sOrafly b? E54?`rr'! °ej.:7Ko
»t a ?o .4Ad:?-antsac.sr.
that a:Y o by o faa?y g:'Ye
` ?ar na :?ansa; °vcpora aen?.3? g_.
s acs o: tha Corporat'.0A h? eoregaing anstru?e::t was Sa wed
iz4 ?? ? ti9 'ii.PM ^d?f B:^ta i4t2sQd W=t:: ICY Cdi'i.7C?et8 Ital. In1 4
,.,.r•: 9Ei? as .to A3ii3tant Sadreta.l.
.. a sa&r t:ais,.„"„? ?daY of
-+a<a .,\' .. may, i• ?.1:Y??Y•u9

:e }?? li ,gplet ?e C.>F9,?94 = KA+.S C??aw+P ''0 {
+ yA,,' !1 n t`s j1` ??"ti !'ae •aea t°f ew,xmas ?- w ?_ -' __-`? -_?,..?.,•?w?..-`.
._ .r .. ,.,_--.i ?. "• . faei? ?F? iw.ww..+.M Shia i?nnhd •wi Nrr..r...p..ewW W r.9.M wf ?.•?
..". ...try lets T•K /M40 +M"•ri ^,,,? I•..l ."..1 '-her,
I I!IM(Tr, ?, w,( 1195 faic,l, ? (?I
I t
?,??"?. ;i'•.'.ltf ??'.m?• $$ t?ta? f ?•
';';°41-sa: ptrclla «! airs e. * Q.C 3 ??. ;.r ay t$ •eairt
R?.'y .!;•iFA?,SCUrinSe tq; C:1@ tor.ugcing ?AatrahtsrlC :fir shd
t:'^tfvva'd
'day 0.4 ! ,. .-.?
:71'.t@89 `1V 'na.^.d 9nd '1d`.3;^, `Ai $d4u.'. this r
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11

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JAN 12 199- r
ENV. MANAGEMENT
State of North Carolina FAYETTEVILLE REG. OFFICE
Department of Environment, Health and Natural Resources
Division of Environmental Management
512 North Salisbury Street • Raleigh, North Carolina 27604
James G. Martin, Govenor
William W. Cobey' Jr., Secretary
Raleigh News and Observer
ATTN: Legal Desk
P.O. box 191
Raleigh, N.C. 27602
Dear Sir:
SUBJECT: Public Notice
January 8, 1993
A. Preston Howard, Jr. P.E.
Acting Director
On 10 December 1992, the News and Observer published a
Public Notice for a Public Hearing this coming Wednesday evening.
It has come to our attention that I made an error in the Public
Notice by stating the wrong date for the hearing. The hearing
will be in 1993 not 1992. Please publish the following brief
correction as soon as possible and before January 13th.
Thank you for your help. If this request presents any
problems, please call me at 733-1786.
• n?e? , 3?
Jo R. D-drney
We lands and Tec ical Review Group
stoutnot.cor/jrd2
cc: Kathryn Cooper
-....Raleigh DEM Water Quality Regional Office
Tommy Stevens, Fayetteville Regional Office
REGIONAL OFFICES
Asheville Fayetteville Mooresville Raleigh Washington Wilmington W?nston.Salcrn
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 27676.0535 Telephone [phone]
An Equal Opportunity AfEumative Action Employer
"j-, ..'%.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
DIVISION OF ENVIRONMENTAL MANAGEMENT
CORRECTED PUBLIC NOTICE FOR PUBLIC HEARING FOR 401 WATER QUALITY
CERTIFICATION, RUSSELL STOUTT PROJECT, WAKE COUNTY
On 10 December 1992, the Division of Environmental
Management published a Public Notice in the Raleigh News and
Observer for a Public Hearing for the Russell Stoutt Project
which proposes to fill 0.28 acres of Iris Lake near the Neuse
River in Wake County at the intersection of North Beaver Lane and
Stoutt Drive. The date of the hearing was in error. This Public
Notice hereby corrects the data of the hearing to be January 13,
1993 rather than January 13, 1992. All other information in the
Public Notice is still correct. For further information, call
John Dorney with the Division of Environmental Management, Water
Quality Section at 919-733-1876.
t,
It is unfortunante that got all of the residents who wrote to
you in opposition to Mr Stoutt's proposal did not receive
notice of this hearing. The Corps of Engineers did send us
individual letters to let us know that they would not be
holding a hearing so it was a little surprising and confusing
to learn from a neighbor that this hearing was being held.
I am here in behalf of myself, my wife and neighbors who were
unable to attend. I am here to express our opposition to
placing any fill dirt into Lake Iris for the following
reasons:
1. I get all of my drinking water from a well as do all of my
neighbors. My well is about 200 feet from Lake Iris and
is subject to contamination by pollutants that find their
way into the waters of the lake. My immediate neighbors
and I are not willing to have our health and the health of
our families put at risk by having foreign materials that
may in any way pollute our drinking water.
2. When Lake Iris was built it was stocked by Mr Stoutt and
has become a favorite fishing spot for children and adults
in the area. People eat the fish that are caught in Lake
Iris. What justification could you have for allowing more
silt to be dumped into this waterway to endanger the fish
and health of those who catch and eat them.
3. Lake Iris has become a stop-over for hundreds of migratory
birds. Canadian geese, mallard ducks, swan and blue heron
are plentiful. Mallard ducks and Canadian geese have been
nesting and raising their young in the lake every year
since I have been a resident there. Lets not remove any
of their natural habitat with further development of these
wetlands.
4. During the winter of 1988 the lake froze over solid except
for the protected corner where Mr Stoutt plans to fill in
the lake and build a house. This spot has a higher bank
and was kept clear by the geese, ducks and swan. Are we
now going to allow a house to be built where the water
fowel can now find refuge from the ice when the lake
freezes.
5. Mr Stoutt graciously donated the land along Beaver Dam
Creek as a greenway for the people of Raleigh. He then
built a dam and flooded the greenway making it unuseable.
As compensation the residents in the area now enjoy the
shoreline on North Beaver Lane and Stoutt Drive with its
park like setting. Mr Stoutt owes it to the residents of
Riverbend to leave the shoreline as it is now. The lot
that he proposes to fill runs most of the length of Stoutt
Drive.
VOV6-06L-6T6
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FEB 2 1993 0;
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ENV. MANAGEMENT C
FAYETTEVILLE. REG. OFFICE

N.C. Environmental Man. Comm.
Division of Environmental Man.
P. 0. Box 29535
Raleigh, N.C. 27626-0535
Dear Sir:
?? ?..
3704 Beaver Crete.? E? CIpr?S ofFICE
Raleigh, N.C..27604.
January 25,.:1993
JAN 29 1993
V,.,jER QUALITY.
SECTION
We would like to take this opportunity to state that
we are opposed to Mr. Russell Stoutt getting permission to
fill in 0.28 Acres of Iris.Lake Near the Neuse River, in
Wake County.
First of all we know that filling in that wet land
would be harmful to the environment; to the animals and
fish that live in and near the lake.
Second when Mr. Stoutt sold us the lake front property
to build our house he gave us a map to show us what the
subdivision looked like. That map showed the lake as it
is and was then, it did not show that there were buildable
lots in that area that he wants to fill in now.
Letting Mr. Stoutt fill in the lake and altering the
lake in any way sets a very bad precedent. Allowing
developers to advertise and sell their lots as lake front
lots and then allowing them to alter or fill in part of a
lake is no less then fraudulent.
We are sure the the commission will not let this
precedent be set, and that you will allow Lake Iris to
remain as it is.
Thank you for your concideration of this problem.

Sincerely,
f'
Is ct?d
Arthur Boesch
Anna Boesch
11
FEB 23 '93 06:58AM
February 10, 1993
NC Ew*onmcvW Management Committee
Dhision of Environmental Management
PO Box 29535
Raleigh, NC 27626-0535
To Whom It May Concern:
P.2
l
t
piV. OF EhV1alOFFICE
h o1V
fEB Is

We have been residents of Rhimbend for seven (7) years. At the time of purchase we,
were the third family to move into this area. We now have over ffity (50) residents. The
information all of us received referred to various pleasures we could experience while
living in this subdivision; one of which was Itis Lake. I could wntinue with numerous
examples of misleading information, however, I will keep to the issue at hand; the partial
filling of Iris Lake to develop two (2) additional building lots.
Mr_ Stdutt has consistently shown his disregard for people, animals, land and the
environment. He repeatedly carries out platys without obi proper licenses', permits
or inspections. Once he has completed a project, he than obtained pem dcnl, suggesting
it is easier and less expensive to use as opposed to working within the system. W.
Stoutts' continued negligW behavior has disrupted the fowl and fishes habitat; not to
mention continual unrest for the residents.
Residents of North Carolina are becoming aware of the importance in maintaining good
controls of developers whose only concern is the money. For us to support your policies,
we need your support.
Sirloorely, e?
Mel and Bonnie MAtheson
3709 Bescver Creek Dr.
Ralei8k NC 27604
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FAYETTEVILLE k L? . WFiCE
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TO I I
FE P
UXEttMUE ENV. MANAGEMENT
-Q O FIC® EViLL-6 kc.?. c... s?F=
e
NEi?Yr try'.;' „
FF., iM :`di-: Id TLDI_TFF RF'=p11R_:FS C: i7M1-1T5'=T011 1=:2.09.1993 14:47 F. 2
I
t o North Carona Wildlife Resources Commission
512 N. Salisbury Street, Raleigh, North Carolina 27604.1188, 919733-3391
Charles R. Fullwood, Executive Director
M1ii MORAMDUM
(WA
TO., John R. Parker, Jr. D
:15,9M
Inland 040411 Coordinator c
FED J WIT
YROMI Richard B. Hamilton, `Assistant Director
?Ls $r'N3Q t?1_°. `1?5t? ? i, 199 ?iJ!'? RJR ?+(iV?'•.yY?'. ?;,i= eEG 0ii'CE
BCSBaXCT7 ass Project Review, Public Notice No ?99523,
iwasall Stout, Wake county, North Carolina
t`^-?ioA_f ha!LF
f
r+rs.._ ...... r'<s t bloc°t parmIts applica ° H o-a and 1 f a.'1 a , n th this
j. _ Cy ?*, ,g yy py.j? y I? $? g ? as y'? g
hay$ ._ ?. as of It?i biii pro-',act aie? ¢ Asa of Llime` - i r" ix, ?), 1 Was
` , 1992 for the p rirpoas :5 eur ina-_-
as a?ni 1.; -. '47ct impact is on wildlife and fi 4ee W>a ?? at.
C)u are prop lda d in acoordanco With 2 zo ?i. ?zs than
{ - , ,?.'. X& ccordin&tion Act (48 Bt&t. 40', as ati , led; 16
Fish
i .' L ?;_'?ut wishes to place fill in 0.28 acme of ;t :man-made
lake" the ji7=a4ediate vicinity of the Nouae River ot: th purpose
'Tao ?. :. -•.N. bul lading .'`'t.11.+?• 9
F. azi -agora t+h. :informration provided in the permit;
appl . cmi" 2 c: n,, and the results of our onsite investigation, we
ann::aw• e.cesmnond approval of the. subject permAt app-, ",elation for
the
application toes not Ilea- dan- a. ?y t_ o Area in
WhI h fill will be placed.
The 2wakc provides
see-v€= is a catch
` The appl i?-: xt: has
wetland &?""pgndant
a€3t;er.nativaas have
imp.. .ant flood 1hpioity and
basin for sediment's * i,?.>.Ta ;ants.
not demonstrated teat-, thtl r,:" #Ject is
and/or that all pons l:,le ncn-wet land
baton investigated,
FRiIN NF: bdTL1) L I F F RF 01IRCF'= C0MMIS;T0N k? '. 09. 19 9 3 14:4? R. 3
a
Memo
page 2 October 22, 1992
4) The NOUNS River is already heavily impacted from
runoff containing sediment, nutrients, and toxins.
Activities which indepohdantly, or cumulatively lead
to further degradation of the Nouso River should be
avoided.
our agency's concerts regarding this project could be
reduced if the applicant clearly demonstrates that non-wetland
alternatives have been examined and that the project is wetlands
dependent.
Thank you for the opportunity to review and comment on this
application. If you need to discuss these commentat or if you
need additional assistance please contact Habitat Conservation
Program Manager Mr. Dennis Stewart, at [phone].
mis/ sp
cc: Grad; Barnes
Miks Scruggs
?a f r,:s*aa; Pozzangher'a

a:1? CMI a: a: a:

Post-!t', brand fax trarn;m;ttal memo 7671 at pages ? ?
Co.

N
A r . Jobn DurnrjY
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FF c lay
EB 9 199"
00 N, F v r ,ENV. MANAGEMENT
R?? 3 1r , N.C. F,aYRUVILLE REG. OFFICE
_tsxau?z•zr ?J, 1t79a
We?,tlands and Technical Group

RaIele'h, N -C 2' i 626-0 , 2 }

e
li f' ??4r : S>;?z'I?ey WOLAhCaGROUF

H?IVTER , IIALI'_ 1Y $FCTiGf\ -
.. hLi ran d an•:.! .°a "I teiridi d a heai,irig 3 eizait-;i n« 1 4r. Ru ,^r-,I1
-,t:'itl.tt a appIicat1^n for p,--rT2?m to f'l 0.28 arr e?n- of
It'is Luke rar the purpc, t? t tv i Erin 1`.w r, hotiF; r
7p:j.0 t2.L Tr,-pc ti n ;)r!Y. r'h?HS:JTI
yYF r c.._i?r.:l1 3 iha the lake an mpCiT't?Y17t factor Ili
hk-;n<a u.,;j.ir,fenancC of the 44-iIdIiFe irl the ?'trea Z_'"'t2
<3( .0 wj jCl J%a+ `r'f CJ 4tii ?'r aI'Z' d8Z7 C'; 1.S I'IT. the ._4l
In=`: .T.onth 1.a an grt? e u se w'ai.erfo- l i_2S+- Takc-- Virie and tl
r-c-o- -fns-aia (--rn a continuing bas; i. They rep ;,t *i;?r l t.hf- :v n
'. Ciei'F tllr the), rai,7,c their young there. Any int('_II_LIptirl n
tn-is- process should not be al !owed
,s_ cc during the hearing Rus5e ; 1 z -rat:-,d t ha t.. ho P1 e,rt,-tom:
re;?:<_ - 1i-i-ic _sland that ?s their prima r-z- nPPtiniE FR,rni,nd,
r'.k: char_!=ed _s poi :i I.tl.<_fn, savirlp: that hie hog il`..1' r??-II: Cl °•'t=: ??'?. +. -:'7 'r
PQ n_n- r:hich is also an imp<>i'tF1nt r<?ct. ing f?la< i r,r
!
., G• ,? F[: H 1','' c << in rI2<?C! ?t}I.t Ki !.I) h't 'i id r; f?t111nn I. fit'(!
that does not pork. He will have to run 1% ' ' ti]?i't.
;vi11 aci;>r_•I'_c ,:r' ,:aff.:ct. Wate.1 qualiti- dur7T']: ;t>21F f :z,^ti ;r,
procTIiQ runoff of chemical t sed to rr eFAt thf, nr,'w IV.
reated lawns wi-! l bc, a --ntinu ing pr,r_blem to ±n.e q'l„tality' cif
!.ht, r,otc r in -rh { E<a.
Stow?; b.-?ke em,'i.-r i:P.ental iNw :
t':? Re r;1Sp ?',U7 'i
: t >ll :l s 1: :.t i <£i? d o dE In t)'.-.e QcZ'C.._ c! .
tflt=:I1 ?_ IF th his f= -t rcC coi-d , ht:! cannot be i 'u <<=:i'
meet ali arnD., o*riate -- t ate water qua] itZ ;1..,-)i,tit)- .
!. i s e s «2: S a 'e ,- i i3 e s - ;? P t ; . H, rI ti r 1I M '=l kS P v (-,• t t " =• . :t c; 7. o .11 .
This Et f(--?Ctz Ei ,_,., >•Y? '{y __._=', t`- °••->d. not iu t, a dY1'P,i<iPFir.
??? - "K f
FEB 10 '93 03:361'M
Thomas C. Worth, Jr.
Attoi,ney
Post. Office Box 213 1.
Raleigh, .Nortli C'arolirta 27602
Phone: [phone] Fix: [phone]
f ENV. MANAGEMENT
MTTEVILLE REG. OFFICE
Post-it'" brand fax transmittal memo 7511 # of pages 0,
To
'" C (l From
Cr C`C c [s ??-
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Dept.
Fax N Phone #
Fax #
,cary 8, 1993
Mr. John R. Dorney
Wetlands and Technical. Review Group
Water Quality Planning
Division of Envirorunental Ma.nagement
Post Office Box 29535
Raleigh, North Carolina 27626-0535
RE: 401 Water Quality Certification,
Russell Stoutt Project, Wake County, North Carolina
(DEM No. 92569, COE #199203523)
Dear Mr. Dorney:
r.1
1
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Officers of Riverbend at Lakeside Homeowners Association,
Inc. have requested that I communicate directly with you in
connection with the above referenced pending application. in
that I have been involved for several years in behalf of
Central Carolina Bank and 'bust Company in effoxts to resolve
multiple problems which have plagued the Riverbend at Lakeside
Subdivision and its residents, in addition to our client, I do
have some background in these matters.
It is my understanding that Mr. Stoutt is now seeking
approval from the Division of Environmental Management to fill
in a portion of Lake Iris (which lake abuts Riverbend at
Lakeside Subdivision) and to mitigate this filling by
excavating and removing a small peninsula of land adjacent to
the Riverbend at Lakeside Subdivision. This peninsula was the
subject of ooanflicting positions between Mr. Stoutt and the
Homeowners Association well over a year ago at which time the
Bank retained the local engineering firm of Bass, Nixon &
Kennedy to survey certain property lines of a tract foreclosed
by the Bank to determine if the peninsula was within the
foreclosed tract. I am informed and believe that the field
work of this respected firm confirmed that the peninsula was
within the tract foreclosed upon..
As you are probably aware, Central. Carolina Bank and
Trust Company, is an effort to fulfill obligations to the
Homeowners Association which had not been fulfilled by the
e:QA Aff 10 1993
FEB 10 '93 03:37PM P.
'Mr. Jahn R. Dorney _`_. February 8, 1993
developer of this subdivision, conveyed certain properties to
the Association by deed dated January 31, 1991 and recorded in
Book 4852, page 501, Wake County Registry at 4.29 pan. on
February 11, 1991• A copy of this instrument is enclosed for
your information. It is my belief that the peninsula is
included within the properties conveyed to the Homeowners
Association by Central Carolina Bank.
If you have any questions or comments about any aspect of
this matter, please do not hesitate to contact me. I am
providing a copy of this letter to Mr. Don Kennedy of Bass,
Nixon & Kennedy in order that he will be informed of this
latest effort by Pair. 5toutt and therefore be prepared to
answt:sr any k-piest:ions which yo-u or your staff may have.
Sincer•e'l y Yours,
Thomaz G .tea Ch , Jr .
TC;W3rl -WP
Enclosure
^: nr.-. Don Ke3nn6dY
MI ' S(2(.3tt rarSOTTI
;r-)c?. Richard H. Glover
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ATTENDEE LIST
tel and Bonnie Matheson
Scott Parsons, President
Riverbend at Lakeside HOA
Thomas C. Worth, Jr., Attorney
VDennis Stewart, N.C. WRC
Jackie and Richard Glick
v 'William H. King
V Robert G. Harrison
Ed McCallum, Secretary
Riverbend at Lakeside HOA
Kenneth'Wall
VCarl Smith
/Gary Miller
MEMO
TO: I ?,J)/Y\

c+6j+F- T

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In (?'
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11? 0;?-3 C L
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DATE:
SUBJECT: TU5410-
IL ` I
WATER ?lt?u sr a L42

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1--n- Gj-
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From
?.?. STATE o.-
\ \` ,QUAMVWaY .
V?
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APR 1 1993
North Carolina DepartmeniF?Health and Natural Resourc es°??.? FICE
Printed ? Printed on Recycled Paper
State of North Carolina
Department of Environment, Health, and Natural Resources
512 North Salisbury Street . Raleigh, North Carolina 27604
James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary
March 31, 1993
Mr. Russell Stoutt
1100 Navaho Drive
Suite G-L 114
Raleigh, North Carolina 27609
Dear Mr. Stoutt:
Subject: Certification Pursuant to Section 401 of the Federal
Clean Water Act,
Proposed lake fill for residential construction
Project # 92569, COE# 199203523
Wake County
Attached hereto is a copy of Certification No. 2817 issued
to Mr. Russell Stoutt dated March 31, 1993.
If we can be of further assistance, do not hesitate to
contact us.
Sincerely,
A.,Preston Howard, Jr. P.E.
Attachments
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Regional Office
Raleigh DEM Regional Office
Mr. John Dorney
Mr. John Parker
Central Files
P.O. Box 27687, Raleigh, North Carolina 2760--7687 Telephone [phone] Fax f 919.733-0513
An Equal opportunity AfFirmadve Action Employer
NORTH CAROLINA
Wake County
CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of
Section 401 Public Laws 92-500 and 95-217 of the United States and subject to
the North Carolina Division of Environmental Management Regulations in 15 NCAC
2H, Section .0500 to Russell Stoutt pursuant to an application filed on the 25
day of September 1992 to fill 0.28 acres of Lake Iris for residential
development.
The Application provides adequate assurance that the discharge of fill
material into the waters of Lake Iris in conjunction with the proposed
residential lot fill in Wake County will not result in a violation of
applicable Water Quality Standards and discharge guidelines. Therefore, the
State of North Carolina certifies that this activity will not violate Sections
301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance
with the application and conditions hereinafter set forth.
Condition(s) of Certification:
1. That the activity be conducted in such a manner as to
prevent significant increase in turbidity outside the area
of construction or construction related discharge (increases
such that the turbidity in the Stream is 25 NTU's or less
are not considered significant).
2. That silt fencing be installed and maintained in the two (2)
fill areas to prevent further siltation of Iris Lake.
3. That a coarse-grained material be used as fill rather than
clay to minimize turbidity increases in the lake.
Violations of any condition herein set forth shall result in revocation
of this Certification.
This Certification shall become null and void unless the above
conditions are made conditions of the Federal Permit.
This the 31 day of March, 1993.
DIVISION OF ENVIRONMENTAL MANAGEMENT
A. Preston Howard, Jr. P.E.
WQC# 2817
IMPORTANT
To _ O L-k _
Date 3 & Time
WHILE YOU WERE OUT
M
of-
Ph
0"' AREA CODE NUMBER EXTENSION
"I 1?
M sage
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a ?I?S Signed
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
N.C. Dept. of Environment, Health, and Natural Resources
??(? Printed on Recycled Paper
MRRI 04 ' JJ 15: 5'( NKI.U ULH/I- HYt 1 1 tv 1 LLt 14 r.3 refit
EHN'R FAYETTEVILLE REGIONAL OFFICE
DATE : ~ L1 ` ?{ 3
ATTENTION : J a h k-N a Y V.,
COMPANY NAME
AND LOCATION:
NUMBER OF PAGES BEING SENT INCLUDING COVER PAGE:
FROM: oM?+,y S?cvc r
FAX PHONE NO.: [phone]
OUR ADDRESS IS:
Suite 714, Wachovia Building
Fayetteville, NC 28301-5043
North Carolina Department
Y " of Environment, Health, and
a?ff Natural Resources
KERR T. STEVENS
Water Ouallty Supervisor
Division of Environmental Management
Suite 714, Wachovia Bldg.
Fayetteville, N. C. 28301 Telephone: (919) 48&-1541
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7M4 C)b 717 T(17I I71H Ji" )a a-))JKI )C'CT CC _ i M'>J"KI
MAR 04 '93 15:58 NKC D DC;H/F HYt I I tV 1 LLt 4'(15 tlu_.

Mr. A. Preston Howard, Jr.
March 3, 1993
Page -2-
- Wetland loss
- petremental to migratory birds using lake
- If additional filling beyond this project was anticipated
- If the money received from the sale of the lots would go toward
repair of the dam
- Shoreline needs to be kept for recreational purposes
- Creating a greater flood potential by reducing lake capacity
- Reduction in property value
- Not in keeping with subdivision plan
- Question about ownership of area proposed to be filled
The concerns expressed at the hearing were primarily directed toward the
depredation in the quality of life and loss of some use of the lake if the
existing shoreline were further developed. The question over ownership of the
project area and the dam repair are matters that should be prusued through the
homeowners association.
There was no information given at the hearing relating to water quality
impact or wetland loss that had not been considered by the staff prior to the
hearing. The applicant's proposal to mitigate the wetland loss by removal of
the 0.3 acre peninsula will result in no net loss of wetland.
Recommnoatigag
The project as proposed will not result in any loss of wetlands nor does
the staff review and/or comments presented at the public hearing indicate that
any significant water quality impact will be caused as a result of this
project.
it is the hearing officers recommendation that a 401 Certification be
given for this project with the following stipulations:
(1) That silt fencing be installed and maintained in the two (2) fill
areas to prevent further siltation of Iris take
MAR 04 '93 15:58 NRCD DCA/FAYETTEUILLE 473 H04
.? . M
Mr. A. Preston Howard, Jr.
March 3, 1993
Page -3-
(2) That a coarse material be used as fill rather than clay to minimize
turbidity increases in the lake
If you have any questions or wish to discuss this matter further, please
let me know.
MEMO
TO:
DATE:
ti
SUBJECT:

Y r55 , r
ro?jk YAS
ccr\?eo'aj?
?Ds,:fl' c:c?l',.. 5rcc? e
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From:
a STATE, North Carolina Department of Environment,
Health and Natural Resources g
,,{p1 Printed on Recycled Paper
*? QUAM ?`?

State of North Carolina
Department of Environment, Health and Natural Resources
WATER QUALITY SECTION
FAX # (9] 9) 733-1338
TELECOPY TO: ? ?Vw"I
FAX
FRO
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
PHONE. ((2 -13-3 0a1c,
NUMBER OF PAGES, INCLUDING THE COVER SHEET:
AV
TRANSMISSION REPORT

( MAR 04 '93 10:47AM )
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* DATE START REMOTE TERMINAL MODE TIME RESULTS TOTAL DEPT. FILE
TIME IDENTIFICATION PAGES CODE NO.

* MAR 04 10:44AM NRCD DCA/FAYETTEVILL G3 ST 02'45" OK 05

?kjK?k?k>k?k%k?k?k:k?KN??ksk5k?7k?k?k?K?k7k?K?k?k>k?kyk?k??K??k?k?k3k?k7k?k?K?F:?k?K?K?k7k5ksk?k?K ??k?K?K?K?K?k3k?k?k?k5k5k5k?k?K?K%K?K?k?k?k>k?k7k?k?k?K?K?K?K?KN??k?k?k?k?k?k?K?k?K
February 10, 1993
NC Environmental Management Committee
Division of Environmental Management
PO Box 29535
Raleigh, NC 27626-0535
To Whom It May Concern:
b I j 'nil
OTIMM) Off GE
D1V. p1R?
x
fEB 16 1993 wr

We have been residents of Riverbend for seven (7) years. At the time of purchase we
were the third family to move into this area. We now have over fifty (50) residents. The
information all of us received referred to various pleasures we could experience while
living in this subdivision; one of which was Iris Lake. I could continue with numerous
examples of misleading information, however, I will keep to the issue at hand; the partial
filling of Iris Lake to develop two (2) additional building lots.
Mr. Stoutt has consistently shown his disregard for people, animals, land and the
environment. He repeatedly carries out plans without obtaining proper licenses', permits
or inspections. Once he has completed a project, he than obtained permission, suggesting
it is easier and less expensive to use as opposed to working within the system. Mr.
Stoutts' continued negligent behavior has disrupted the fowl and fishes habitat; not to
mention continual unrest for the residents.
Residents of North Carolina are becoming aware of the importance in maintaining good
controls of developers whose only concern is the money. For us to support your policies,
we need your support.
Singerely,
Mel and Bonnie Matheson
3709 Beaver Creek Dr.
Raleigh, NC 27604
State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
WATER QUALITY SECTION
FAX # [phone]
TELECOPY TO:
FAX NUMBER:
FROM:- _-C
M
PHONE:
??
NUMBER OF PAGES, INCLUDING THE COVER SHEET:
jl?j

YN
0-
qjfAk-? ?jj

MA-ur r?? U`S ? d?1
TRANSMISSION REPORT
******************************
( FEB 23 '93 06:58AM )

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* TIME IDENTIFICATION PAGES CODE NO.
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* FEB 23 06:57AM NRCD DCA/FAYETTEVILL G3 ST 01'04" OK 02
* *

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1tiaVGl alGllll OV 1. aH"-?1C1?
1 ?
Homeowners
F Association
0
February 2, 1993
Mr. John R. Dorney
Wet lands and Technical Review Group.
P.O. Box 29535
Raleigh, N.C. 27626-0535
Dear Mr. Dorney:
0
LANDS GIROUp--.--.
AUTY SECTION
This letter is in response to the Public Hearing for
the Russell Stoutt project: Wake County: DEM # 92569, COE #
199203523 held on January 13, 1993.
Based on extensive surveying that was undertaken by
Central Carolina Bank during the past year, it is our belief
that the portion of the peninsula in Iris Lake that Mr.
Stoutt proposes to remove (in order to offset. the other,
areas that are to be filled) is owned by the Riverbend at
Lakeside Homeowners Association, Inc.
The Association has no intentions to allow this to
happen. We feel this to be a significant factor for you to
consider in your decision making process. You will be
receiving correspondence from Mr. Tom Worth, Esq. in the
near future concerning documentation of the ownership of the
land in question.
Please call me if you have questions about this matter.
My number is 954-0999. Thank you for your consideration.
Sincerely,
Scott Parsons,
President
SP/em
cc: Tom Worth
Scott Parsons, President
Nellie Gardner, Vice President
6022 River Lake Circle
Raleigh, North Carolina 27604
(gig) 790-1343
Rick Lynch, Treasurer
Ed McCallum, Secretary
t
r
Thomas C. Worth, Jr.
Attorney
Post Office Box 2131
Raleigh, North Carolina 27602
Phone: [phone] Fax: [phone]
February 8, 1993
Mr. John R. Dorney
Wetlands and Technical Review Group
Water Quality Planning
Division of Environmental Management
Post Office Box 29535
Raleigh, North Carolina 27626-0535
RE: 401 Water Quality Certification,
Russell Stoutt Project, Wake County, North Carolina
(DEM No. 92569, COE #199203523)
Dear Mr. Dorney:
Officers of Riverbend at Lakeside Homeowners Association,
Inc. have requested that I communicate directly with you in
connection with the above referenced pending application. In
that I have been involved for several years in behalf of
Central Carolina Bank and Trust Company in efforts to resolve
multiple problems which have plagued the Riverbend at Lakeside
Subdivision and its residents, in addition to our client, I do
have some background in these matters.
It is my understanding that Mr. Stoutt is now seeking
approval from the Division of Environmental Management to fill
in a portion of Lake Iris (which lake abuts Riverbend at
Lakeside Subdivision) and to mitigate this filling by
excavating and removing a small peninsula of land adjacent to
the Riverbend at Lakeside Subdivision. This peninsula was the
subject of conflicting positions between Mr. Stoutt and the
Homeowners Association well over a year ago at which time the
Bank retained the local engineering firm of Bass, Nixon &
Kennedy to survey certain property lines of a tract foreclosed
by the Bank to determine if the peninsula was within the
foreclosed tract. I am informed and believe that the field
work of this respected firm confirmed that the peninsula was
within the tract foreclosed upon.
As you are probably aware, Central Carolina Bank and
Trust Company, in an effort to fulfill obligations to the
Homeowners Association which had not been fulfilled by the
Mr. John R. Dorney -2- February 8, 1993
developer of this subdivision, conveyed certain properties to
the Association by deed dated January 31, 1991 and recorded in
Book 4852, page 501, Wake County Registry at 4:29 p.m. on
February 11, 1991. A copy of this instrument is enclosed for
your information. It is my belief that the peninsula is
included within the properties conveyed to the Homeowners
Association by Central Carolina Bank.
If you have any questions or comments about any aspect of
this matter, please do not hesitate to contact me. I am
providing a copy of this letter to Mr. Don Kennedy of Bass,
Nixon & Kennedy in order that he will be informed of this
latest effort by Mr. Stoutt and therefore be prepared to
answer any questions which you or your staff may have.
Sincerely yours,
Thomas C. o h, Jr.
Z??
TCW3r/jwp
Enclosure
cc: Mr. Don Kennedy
Mr. Scott Parsons
Mr. Richard H. Glover
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1 NC WILDLIFE RESOURCES COMMISSION 02.09.1993 14:42 P. 1
_1V
'E73" North Carolina Wildlife Resources Commission NZ3
512 N. Salisbury Street, Raleigh, North Carolina 27604-1188,919-733-3391
Charles R. Fullwood, Executive Director
XzX0yA?NDdX
T0: John R. Parker, Jr.
Inland 0404" Coordinator
1PROOM: Richard B. Hamilton, Assistant Director
DATat October 22, 1992 p*" 0.604w' 4kv_
SUBJECT: "404" Project Review, Public Notice No. 199203523,
Russell Stout, Wake County, North Carolina
A biologist on the Wildlife Resources Commission staff has
reviewed the subject permit application and is familiar with the
habitat values of the project area. An onsite investigation was
conducted on October 13, 1992 for the purpose of further
assessing project impacts on wildlife and fisheries resources.
our 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).
Hr. Stout wishes to place fill in 0.28 acres of a man-made
lake in the immediate vicinity of the Neuse River for the purpose
of creating building lots.,
Based upon the information provided in.the permit
application, and the results of our onsite investigation, we
cannot recommend approval of the subject permit application for
the following reasons:
1) The application does not clearly identify the area in
which fill will be placed.
2) The lake provides important flood storage capacity and
serve as a catch basin for sediments and pollutants.
3). The applicant has not demonstrated that the project is
wetland dependent and/or that all possible non-wetland
alternativea have been investigated.
NC WILDLIFE RESOURCES COMMISSION 02.09.1993 14:42 P. 2
-to,
Memo Page 2 October 221 1992
4) The House River is already heavily impacted from
runoff containing sediment, nutrients, and toxins.
Activities which independently, or cumulatively lead
to further degradation of the Nauss River should be
u avoided.
Our agency's concerns regarding this project could be
reduced if the applicant clearly demonstrates that non-wetland
alternatives have been examined and that the project is wetlands
dependent.
Thank you for the opportunity to review and comment on this
application. If you need to discuss these comments, or if you
need additional assistance please contact Habitat Conservation
Program Manager Mr. Dennis Stewart, at [phone].
MJg/sp
cc: Grady Barnes
Mike Scruggs
Stephen Pozzanghera
***END***
6004 N.Beaver Lane
Raleigh, N.C. 27604
January 29, 1993
Mr. John Dorney
Wetlands and Technical Review Group
Water Quality Planning
Division of Environnmental Management
P.O. Box 29535
Raleigh, N.C. 27626-0535
Dear Mr. Dorney:
U
cG?? - 9 1993
My husband and I attended a hearing regarding Mr. Russell
Stoutt's application for permission to fill 0.28 acres of
Iris Lake for the purpose of building two houses.
We are opposed to this proposed action. One reason we
are opposed is that the lake is an important factor in the
health and maintenance of the wildlife in the area. This
applies to the wild waterfowl. Every day during the fall,
winter, and spring months Canadian geese use Iris Lake as a
stopover.
The "resident" waterfowl use the lake, the islands, and the
peninsula on a continuing basis. They rest there, they nest
there, and they raise their young there. Any interruption of
this process should not be allowed.
Twice during the hearing Russell stated that he plans to
remove the island that is their primary nesting ground. Then
he changed his position, saying that he would remove part of
the peninsula, which is also an important resting place for
the waterfowl.
We are especially concerned about him building houses on land
that does not perk. He will have to run sewer lines that
will adversely affect water quality during the construction
process. The runoff of chemicals used to treat the newly
created lawns will be a continuing problem to the quality of
the water in the lake.
Russell Stoutt broke environmental laws while building
the lake. He also built substandard roads in the develop-
ment. With his past record, he cannot be trusted to
meet all appropriate state water quality standards.
Please consider these points when you make your decision.
This affects a whole neighborhood, not just a developer.
Sinberely? yours,
MEMO
TO: &2c LLI?
/Y!- Gu;emH?o' 4vzud
DATE:
SUBJECT:

From: - ¢?
a STAT£ 4
? Mnv 10. »y.
North Carolina Department of Environment,
Health, and Natural Resources printed on
e, ?nM v o Recycled Paper

RECEIVED
FEB 0 2 199-)
®EHNR-RAL RO
6004 N.Beaver Lane
Raleigh, N.C. 27604
January 29, 1993
Mr. Tim Donnelly
Water Quality Section
Division of Environmental Management
Raleigh Regional Office
3800 Barrett Drive
Raleigh, N.C. 27609
Dear Mr. Donnelly:
--.'-f ; - {1i 026
My husband and I attended a hearing regarding Mr. Russell
Stoutt's application for permission to fill 0.28 acres of
Iris Lake for the purpose of building two houses.
We are opposed to this proposed action. One reason we
are opposed is that the lake is an important factor in the
health and maintenance of the wildlife in the area. This
applies to the wild waterfowl. Every day during the fall,
winter, and spring months Canadian geese use Iris Lake as a
stopover.
The "resident" waterfowl use the lake, the islands, and the
peninsula on a continuing basis. They rest there, they nest
there, and they raise their young there. Any interruption of
this process should not be allowed.
Twice during the hearing Russell stated that he plans to
remove the island that is their primary nesting ground. Then
he changed his position, saying that he would remove part of
the peninsula, which is also an important resting place for
the waterfowl.
We are especially concerned about him building houses on land
that does not perk. He will have to run sewer lines that
will adversely affect water quality during the construction
process. The runoff of chemicals used to treat the newly
created lawns will be a continuing problem to the quality of
the water in the lake.
Russell Stoutt broke environmental laws while building
the lake. He also built substandard roads in the develop-
ment. With his past record, he cannot be trusted to
meet all appropriate state water quality standards.
Please consider these points when you make your decision.
This affects a whole neighborhood, not just a developer.
Sincerely yours,
,
9 1
f?,k? luk,?k

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO January 22, 1993
Regulatory Branch
Action ID 199203523.
Mr. Russell Stoutt
1100 Navaho Drive, Suite G-L 114
Raleigh, North Carolina 27609
Dear Mr. Stoutt:
S
N
On September 4, 1992, you applied for Department of the Army authorization
to discharge fill material within a man-made lake on Beaverdam Creek, adjacent
to the Neuse River, for development of two residential housing lots in
Raleigh, Wake County, North Carolina.
In response to the public notice issued for your proposal, Mr. C. Michael
Yawn has submitted a letter dated December 24, 1992 (copy enclosed) providing
information concerning your request. We are providing a copy of this letter
for your information.
Mr. Eric Alsmeyer of my Raleigh Field office staff, telephone (919)
876-8441, extension 23, is responsible for processing your application and is
available if you have any questions. Please respond, if you intend to do so,
in a timely manner, so we can consider any additional information in our
decision.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosure
Copy Furnished (with enclosure):
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

Jai `:61W

3628 Willow Fluff Drive
Raleigh, North (.7arolina, 27604
[phone]
December 24, 1992
Mr. G. Wayne Wright
US Army Corps of t nginecrs
PO Box 1890
Wilmington. NC, 28402-181)0
Dear Mr. Wright:
RECOEI ED
DEC 2 8 1902
REGULATORY RRANC:1
ago
I spoke recently with Fric ;\lsmeyer in reference to Action II) I(Y)203523. 1 have enclosed the
covenants for River Bend Plantation that indicate certain lot -circ and set hack requirements. Please
note that Mr. Stotttt'c planned (ill % ould not ,rllc? r for luor.c. z Ix, built np:m the lot:: wit%tin the
rules in the covenants.
Please forward this information on to %1r. ,\lsmeyer
Thank You.
I
C. Michael Yawn

9
S -1" 14

0LssC
(-1- -I?.4
NORTH CAROLINA
WAKE COUNTY
t«' 3.119 Js'.L.3 C, a
PROTECTIVE COVENANTS
RIVER BOND PLANTATIOVi
BOOK OF MAPS 1985, PAGES 44 At1D AS
WAKE COUNTY REGISTRY
THIS DECLARATION, made this 18th day of January, 1985, by FALK AND
J. BAERf Trusteaalled "Declarant',
and Corporation,
com
And P by YNORTHr:STERN Carolina
W I T N E S S E T Ht
A

THAT WHEREAS, FALK AND COMPANY is the caner of the real Property
described in Article I of this Declaration and desires to subject said
real property to the Protective Covenants hereinafter set forth, each
and all of which is and are for the bene!_t of such property and for ass run
paof and rcel the a of and
each owner d th ere^f, and inure shall he ?enetit
and
with s sae'al props ey, and each and every lot or
shall apply to and bind the successors in interest and any owner
thereof; and
WNER£AS, GEMCON, INC. execut"d a Deed of Trust to ARTHUR J. 9AER,
Tri:s:ae, recorded Book 3363, Page 710 and rerecorded in Book 3385,
Paae 905, Wake ,CCU-.t7 Registry, conveying certain lands described
therein, including tht lands hereinafter deacribed, as security for a
Promissory Not* payat:le to NORT:IWESTERN BANK, which Promissory Noke, i¦
now held and owed by NORTHWESTERN
cing of and it is oonsthe
partite to consent to the placing
property hereinafter described.
NOW THERE°ORE. the Declarant hereby declares that. the real pro-
perty described in and referred to in Article I hereof is and shall be
held, transferred, sold and conveyed subject to the Protective Cove-
nants set forth below:
ARTICLE I
The real property which is and shall be hold, transferred, sold
and co'h'vayed subject to the Protective Covenants set forth in the
articles of the Declaration is located in the County of wake, Stitt of
North Carolina, and is more particularly described as fc l v e
T
BEING all Of Lots 4, 8 through 16, inclusive, 3
23 through 26, inclusive, 29 through 31, inclusi _ r
and 34 through 41, inclusive, as shown on map --; 4.
titled "River Send Plantation," recorded in Booker .•
Maps 1985, at page 44 and 45, Wake County Registry':' F o v
ARTICLE II ?-
C7 ? N t.1't
The real property described in Article I hereof is subjected to
the Protective Covenants and restrictions hereby declared to insure
of lots against improvement
thd best n the most p the owners development
such v
each lot thereat, to protect impropeP
use of surrounding lots as will depreciate the value of their proms
party; to preserve, so far as practicable, the natural t*auty of said
prtpartyl to guard against, the erection thereon of poorly -'eiigned or
proportioned structures; to insure the highest and beet davaiopmene of
said property) to encourage and secure the erection of attractive
homes thereon, with appropriate locations thereof on lotsJ to prevent
haphazard and inharmcnious improvement of lots; to securs and maintain
property setbacks from streets, and adequate :rte spaces type wand
struc!ures, ari in general to provide adeg,aely lor ato -enhance and
quality o9 it:rovemenr, n petalospe rs a d heob
of less therein.
valsys of in ':mantes made .7y p• 'p -

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ARTICLC II1
N -Duilding
No lot shall be used exctpt for recidenki8l P r os A'i I on any lot
,h,13. be erected, altered, placed, or dwelling net to exceed two and
one-half not more than
other than deinhheightgandfaaiprivate garage for
three cars.
In order to maintain architectural beauty in this subdivision an
to guard agai to the erection thezain of Poorly designed or on propor-
said
tinned sr.raaiftl S, no buildinI shall be erected or abuildingo remain
on said property, :1 shall any altanathowing any lOCAtiOn of said
property be made until the Lana and specifics*.lons showing appthe type
building on the lot and the p roved in
and exr.eriar lines eherect have been submitted to an amsburg
ointed by f .he app he Board Of Directors
writing by an officer or Committ
of FaLK AND COMPANY. Houses must be at either colonial , Willi
(30)
witbinmthirty fail
or traditional design.. a sue the deevent sign said1officer
to approve or diaapprov specifications have been submitted as herein
days alter said plans And i riot to
required, or in any event, if no suit to enjoin the erection of such
iuildinq or the making of such alterations has b?ea commenced p
he comeletion thereof, such aporoval will not be required and t!1 is
:ovenanx will be deemed to have been complied with lolly. Such ofEi-
eom en-
cer or membirs of such committee shall not be entitled' to any
saeion for services performed pursuant to this covenant. 40 approval
t an oftieer or committed
of plot plan or plans and apecitiea.ions by
shall. be indicate d the eem viedolatpermiions; siolanoand%ortplans andospeCifieatiansdclesrlY
the fact thrt the plot and no such approval by such officer or c0m•-
mittee
mir.ee shall prevent the enfor,emant og these Covenants. .
ARTICLE Iv
No dwelling shall be permitted without has a written p4r.'at.6fiLoft at
Declarant on any building unit, which dwelling orches, garages and
of the main structure, exclusive ousts base-me s one-story dwelling
storage arses, of leas th8 less on the ground floor of a one and
.Mr Ot. loss than 1250' square that dwellings of one and one-half
one-half story dwallingl provided
stories snail have a yarn feet of finished living aria on
whichfinishing shall be of rstsriaLfi andhq?r,shail
h second floor, wall dwel ship equal to those on t feet. onothe i,rstsfloor and 900 sq
have a mininum of 960 square houses
0-10t, exclusive of
fear. o! finished living area on the second floor. Split-level shall have a minimum floor area at 800 qunre a 4lnimum floor live of
basement unfinished area, or shall. 100 square tact, exclusive of basement or unfinished area if the
basement level,canta1. additional floor area of at least 300 square
16
able co the living area finished as to and :?acerials Compar-
teer.
hRTICLE V
No building shall be located on any lot nearer to the front line
ot. & dislatn may
that So lent, provided, however, that none cornet lof Fame least
be located not nearer than 40 feet this
So feet from t other serior - Nlo; line ldi Forshe ?e purposes of carer
then 15 feet to en., porches shall not be considered a
pacorvet,nanoft,a c bavuiil,ldisngr., ap 8s,ov and ded,p howa?er, that this shall not be con-
strued to permit any portion of a building on a lot . to encroach upon
another lot. Declarant reserves the rtght to? aiver "hyf` Violations
of the sotback and std* lino roquirem+nrs Get .orth in
M otations not to e:ccasa of 10? of th4 minimum r4quiremene.s shill to
d,d-Ae;d ninot. )
1
ARTICLE VI
No dwelling shall be erected or placed or nay Lot having a width not lass than 75 feet. at minimum the buildinghavingsetb Of lesslthan
dwelling be erected or placed on
30.890 squeto faaat provided, however, a dwelling may be constructed
on any lot shown on the above referred to recorded map.
ARTICLE VII
Easements for' installation and maintenance of utilities and
drainage facilities are reserved art shown on the recorded plat and
over tthe rear each lot 5 feet on each plat, inlwhichn casa unless
shown in excess of such distances on racord the
plat shall control. Within these easements,tn rstructure" planting go
other material shall be placed or p
or interfere with the installation and maintena
the do ectionu oflites and
drainage facilities, or which nay change drainage channels in the easements, or which may obstruct or retard
the flow of water through drainage channels in the easements. s in it
be main easement atin at such the owner all of theylot,e except for those improve ,
tanned continuously by i
meats for which a public authority or utility company is respona b Q•
ARTICLE VIIZ
The developer reserves the right to subject the real property in
this subdivision to a contract with Carolina Power and LiPPhe Company ctric
r the for this installation ali of underround lighting, either oreboth ofa ,whichamayor a ireian
initiation of ste.r g ment to Carolina Power
initial payment and/or a continuing monthly pay
and Light Company by the cw3er of vaCls building.
AWrICLE 1X
be done activity
thereon which may or ibed an ecome uany
*;a noxious sshaor of!tnaivt ll. trade or
any totp p
aenithe o promises. No trade aaterialsr
shall be erected or maintained on or
inventories may be stored or regularly parked on the promises. No
business activity or trade of any kin what stew aw i etor sh all iicauor
but not be limited to the use of any resident L' of
she ll bo ming house,
Professional office of any kind, a !rati house, a
a boarding house, an antique shop or gift D rried on
upon any lok.
ARTICLE X
No structure of a temporary ca aargact erI tecr or e0ther ao vehicia,
trailer, basement. Rine, shack, g
shall be used on any lot or building unit at any time as a reoidoncs,
either t4opararily or permanently.
haTICLE X1 ways t or
All Noidri a ays willbbe aar:sir.ted eo re ainoin atdirt orh gravel
brick
state.
ARTICLE XII
oultry Of any rind shall bd rsiYrd. bred
so animals, liveyr,oe!c or p
or xant on any lot or building unit„ sseapting dogs, eats, or other
household pops, which nay bd kopr provided they are no! kept, bced or
maintained for any c,,moratal purpos4s-

1'1 w K r t -71? s r rc t . . - - - -

,Qy
ARTICLE X111
on
perto:ens run with claiming the undl erand theft and tint, shall be 2014, biatnd nq which
These Coven nts all are
all parties an expire,
time said Covenants shall autometieally
ARTICLE XIV
any per at law or in e,uity against
roeaedings
Enforcement shall be by p or attcrapting to violate any covenant
son or persons violating
either to restrain violation or to recover damages.
ARTICLE XV
or any part thereat by
Invalidation of any one of these covenants her
a!lact any o! the other pre-
judgment or court order shall in no way
ns to takue action todenlorcerehedviola ion of
es a
visions. whit h all rel
.
of any person P
enforcement
any of these ecOvenantS ntorcementnrights rand shbli no 1 Prevent the construed
wsiver of any
Of auah covenant or eonvenanta in the luture.
ARTICLE XVI addi By ApijrQprjata Plantationocuments cutebed subjected to ethese Protec?ivs
lots in River Send
Covenants by 0eelarnnt-
1M TESTIMONY thiso Lt themsaid .t ALK ANDeeut dNIna their na?STERN
9A.vK have caused alt
their President or ViCS President, their corporate seals to behersto
f 911
affixed, and Attestad by their Secretary or Assistant Secretary
by a:der of their Boa.d Of Directors, and the said ;ATMUR J- BAER*
Trustee has hereunto act his hand and seal, all as at the day and Year
first above written.
FALK AND COMPANY
BY$
_ 4 S a

t ; • '' TAN 8AN
,.•,.o,i.>;, .. ?, .,,... C'•?rt?,

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11ORTH CAROLINA

E7

WAKE COUNTY
REEVE-
I, the undersigned Notary public certify that SAUCE F.
personally- appeared before " this day and acknowledged that he is
Secretary of FALK AND COMPANY, a North Carolina Corporation, and that
by authority duly given and as the act of the corporation the fore-
goinq instrument was signed in its name by its president, sealed',tith
its Corpor to seal, and attested by himself as its Secretar fry ,;??1,• ?,f,y
witness my hand and notarial seal this day o`-,
1985. ?-'??'??.':'` ??''?'?t•f
't J
My Commission Expires:
NORTH CAROLINA
MEC%'LSN8URC COUNTY
I, the undersigned Notary Public certify that •,??/%!!•.
personally appeared be re mo t I ay and
a:::z= +le a t: an a 1s Assistant Secretary of NORTfiWESTER:t BA-4K.
Carolina HanRirq Corpora"ion, and that by authority duly g
the act of the corporation the foregoing instrument was signed
ae+n by its Vice President, sealed with its corporate seal, and
by??,se1f as ins Assistant Secretary.
+ v hand and notarial teal this :'; ''day o! + 7- IMP L
.t=iess,?, i
' otary ?U0110
i domu?ssExpireeI
r
NOtLTPt ' CAROLINA
MECXLENBL'R6 COUNT:
I, the undersigned Notary Public, do Rereby certify than. ARTHUR J.
tho due executions fn theyforogoinq instrument this the purposesCtherein appeared before me expressed.
?i ? i??? '? '
Witness my hand and notarial seal this ?"??day of
1985; +.. ?«... ^ ^ ,+ mot,
;,•.,?c, ...,. rr,•?e. ,ovary uo >.c
7'IZ i?CO :xpi Cee

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State of North Carolina
Department of Environment, Health and Natural Resources
Division of Environmental Management
P.O. Box 29535
Raleigh, North Carolina 27626-0535
TELECOPY TO:
WATER QUALITY SECTION
FAX # [phone]
S
FAX NUMBER:
_N
FROM:- e'" c- 644 b PHONE:
NUMBER OF PAGES, INCLUDING THE COVER SHEET: S
NCB Ihrrln4'04 Oki
l Spoor
A //y
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7

3704 Beaver CreQ` 0 crt
Raleigh, N.C..27604..
January 25,.;1993 -

N.C. Environmental Man. Comm.
Division of Environmental Man.
P 0 Box 29535
- I 1993
FEB
Raleigh, N. C. 27626-05350{2NT.E 'QUALITY
SECTION WEI I WATER
Dear Sir:
We would like to take this opportunity to state that
we are opposed to Mr. Russell Stoutt getting permission to
fill in 0.28 Acres of Iris-Lake Near the Neuse River, in
Wake County.
C -
,
First of all we know that filling in that wet land
would be harmful to the environment; to the animals and
fish that live in and near the lake.
subdivision looked like. That map showed the lake as it
Second when Mr. Stoutt sold us the lake front property
to build our house he gave us a map to show us what the
is and was then, it did not show that there were buildable
lots in that area that he wants to fill in now.
Letting Mr. Stoutt fill in the lake and altering the
lake in any way sets a very bad precedent. Allowing
developers to advertise and sell their lots as lake -front
lots and then allowing them to alter or fill in part of a
lake is no less then fraudulent.
We are sure the the commission will not let this
precedent be set, and that you will allow Lake Iris to
remain as it is.
Thank you for your concideration of this problem.

Sincerely,
Arthur Boesch
Anna Boesch
JAN- ?? 199?

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°?`? °,S •
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Legibly print, please! Public Hearing Registration Form
Hearing Date
Please furnish the information requested below and indicate whether you wish to be
heard `during this public hearing. This information is necessary in order that you
be given an opportunity to speak and so that your name and affiliation will be'cor-
rectly entered in the hearing record.
Name / Title
Employer/Representing
Mailing Address 1/k, .,
City and State.. A f C Z3,p Code
Yes No
Q Do. you wish to be heard? If your presentation will exceed three minutes,
please submit three copies of your statement to the hearing clerk along
Y145 with this `registration form.
Do you wish to receive a copy of regulations, if any, resulting from this
hearing?
Division of Environmental Management, North Carolina Department of Environment,
Health and Natural Resources
Legibly print, please! Public Hearing Registration Form
Hearing Date
Please furnish the information requested below and indicate whether you wish to be
heard during this public hearing. This information is necessary in order that you
be given an opportunity to speak and so that your name and affiliation will be cor-
rectly entered in the hearing record.
Name b4v ?MOW Title
Employer/Representing
Mailing Address 3 7??Av
City and State RR L.?'C/(y• NG Zip Code
Yes No /
Do you wish to be heard? If yourpresentation will exceed three minutes,
please submit three copies of your statement to the hearing clerk along
with this registration form.
Do you wish to receive a copy of regulations, if any, resulting from this
hearing?
Division of Environmental Management, North Carolina Department of Environment,
Health and Natural Resources
Legibly print, please. Public Hearing Registration Form
Hearing Date
Please furnish the information requested below and indicate whether you wish to be
heard during this public hearing. This information is necessary in order that you
be given an opportunity to speak and so that your name and affiliation will be cor-
rectly entered in the hearing, record.
Name` Title
Employer/Representing
Mailing Address tl
City and State Zip Code
Yes No
?/
Do you wish to be heard?
. If your presentation will exceed three minutes,
please submit three copies of your statement to the hearing clerk along
with this registration form.
Do you wish to receive a copy of 'regulations, if any, resulting from this
hearing?
Division of Environmental Management, North Carolina Department of Environment,
Health and Natural Resources
Legibly print, please! Public Hearing Registration Form
Hearing Date 1- ` -
Please furnish the information requested below and indicate whether you wish to be
heard during this public hearing. This information is necessary in order that you
be given an opportunity to speak and so that your name and affiliation will be cor-
rectly entered in the hearing record.
Name
Title
Employer /Representing
Mailing Address
City and State 4 Zip Code Q
Yes No ZDo you wish to be heard? If your presentation will exceed three minutes
please submit three copies of your `statement to the hearing clerk along
with this registration form.
Do you wish to receive a copy of regulations, if any, resulting from this
hearing?
Division of Environmental Management, North Carolina Department of Environment,
Health and Natural Resources
Legibly print, please! Public Hearing Registration Form
Hearing Date ?-- 13-25,
Please furnish the information requested below and indicate whether you wish to be
heard during this public hearing. This information is necessary in order that you
be given an opportunity to speak and so that your name and affiliation will be cor-
rectly entered in the hearing record.
Name Title
Employer/Representing ?(] '
Mailing Address -3 ZQ (? d Sjo-fJ Drl'o-2i
City and State A /i C ?: Zip Code
790
Yes No
Do you wish to be heard? If your presentation will exceed three minutes,
please submit three copies of your statement to the hearing clerk along
with this registration form.
Do you wish to receive a copy of regulations, if any, resulting from this
hearing?
Division of Environmental Management, North Carolina Department of Environment,
Health and Natural Resources
Legibly print, please! Public Hearing Registration Form
Hearingd Date
?ussP?/ ??u
Please furnish the information requested below and indicate whether you wish to be
heard during this public hearing. This information is necessary in order that you
be given an opportunity to speak and so that your`name and affiliation will be cor-
rectly entered in the hearing record.
Name -D p N'N'lG 1V'q-c 1e1•c,4.r Title
Employer/Representing
Mailing Address , W/' LL 0 LA-) ClIX 11 U-
City and State 'IF14,L,45/ G ?¢ /V21 Zip Code g , O;i
Yes No
Do you wish to be heard? If your presentation will exceed three minutes,
Division of Environmental Management, North Carolina Department of Environment,
Health and Natural Resources
please submit three copies of your statement to the hearing clerk a1Qng
with this registration for?.???O?P?
?v2T/o
Do y?j?ai to receive a copy of regulations, if any, resulting from this
hearing?
Legibly print, please Public Hearing Registration Form
Hearing ?d l? A ? ?t (X a 4 c r r `/ e -t'LTt 1C# CAT`ty,1 Date / Z/ / S 3
-r-r
Please furnish the information requested below. and indicate whether you wish to be
heard during this public hearing. This information is necessary in order that you
be given an opportunity to speak and so.that your name and affiliation will be cor-
rectly entered in the hearing record.
Name a! C'g6tz/> ct 44 GL>? Title
Employer/Representing
Mailing Address ? DO A 3 -e(,allt 4
Uty and State ?A Zip Code '7 6
Yes No ??? 3•a? w?SI.. fia r?`,??
Do you wish to be heard? If your presentation will exceed three minutes,
please submit three copies of your statement to the hearing clerk along
/ with this registration form.
V Do you-wish to receive a copy of regulations, if any, resulting from this
hearing?
Division of Environmental Management, North Carolina Department of Environment,
Health and Natural Resources
Legibly print, please! Public Hearing, Registration Form
t
Hearing Date_
Please furnish the information requested below and indicate whether you wish to be
heard during thisfpublic hearing. This information is necessary in order that you
be given an opportunity to speak and so that your name and affiliation will be cor-
rectly entered in the hearing record.
Name -- - C I?eI1 I?1?11G'1 _ _ Title kQVW_&U)n6f'
Employer/Representing
koter MailingAddress ON LaKc- 0r
i
City and State 0?e( Yl , ?• Zip Code
Yes No
V Do you wish to be heard? If your presentation will exceed three minutes,
please submit three copies of your.statement to the hearing clerk along
with this registration form.
Do you wish to receive a copy of regulations, if any, resulting from this
hearing?
Division of Environmental Management, North Carolina Department of Environment,
Health and Natural Resources

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