19940310 Ver 1_Complete File_19940405

DEC-01-1994 17:59 FROM AG ENl!IRCNJ,IENTAL TO 9959 P.01
' p..suR?`'vti ?t
Mate of North Carolina
LACYH- THORNBURC Department of Justice Phone: [phone]
ATT()RNEVOL'.,Nh ,L P10. Box 629 Fax: [phone]
RALEIGH
27602-06'29
'T'ELECCPIE,R TRANSMITTAL SHEET
FAX Nt7MBER : q5q
FROM:
C?J ?Qrtil / _
NUMBER OF PACES (INCLUDING TRANSMITTAL, SHEET) : _
COMMENTS :
k4lu4td- 114%,
An Equal Opportunity/Affirmative Action Employer

CONFIRM RECEIPT OF DOCUMENT(S) IF MARKED HERE:
.i
DFC.-ti-1994. 1^:59 FPCI[I i G PII.!IP'IJ 1ENTHL TCI ,9959 P. 2
-10-
REQUEST FOR PRODUCTION OF DOCUMENTS
1. All documents which were identified in answer to the
foregoing interrogatories.
2. All documents Which support or in any way relate,
pertain or refer to the position in the contested case hearing.
3• All wetland delineation maps and dredge and fill permit
applications for your land adjacent to White Lake, the parcel of
land that is the subject of this contested case proceeding.
4. All documents containing development plans your parcel
of land adjacent to White Lake, for the parcel of land that is
the subject of this contested case proceeding.
L?Ec -??1-1q d 1-7:F9 FRIDM Ai_i EP+)11POHMEHTAL TO 79959 P. L73
-11-w
.REQUESTS FOR ADMISSION
For the purpose of this action only and subject to all
pertinent objections as to admissability which maybe -interposed
at hearing, admit the truth of the following facts;
I. InA I qa- you applied for a permit to dredge and fill
acres of wetlands on your property adjacent to white Lake.
2. The Division granted a 401 water quality certification
for your application to fill acres of wetlands on your
property adjacent to White Lake.
3. 0 you filled ?• acres of wetlands, pursuant to
a dredge and fill permit issued by the U.S. Army Corps of
Engineers, ' q?f 3
r?
4 In you a plied f r a ermit o dre ge Od f 11
cres of etla ds on ur pro e a ' / a e.
-- Y y 7 ent to WY?i e,
5. he Div si n de ed a 4 1 t7 ter quality
Ce ti is tion fo yo r 'Sure f pli a on o fil o`Z acres of
tla a on y r pro rty adj cent to Whit Lake.
6. The U.S. Army Corps of Engineers issued a Nationwide
No. 26 permit to you for the application to fi_11 02,6 acres.
7. IAA ,-?ou f4-1-1?d ------'acres a wetlands on-vauTr
propqpt?y adjdcent fo White Take.
?y Npd?wd2a& lgg3
8. In the U.S-Army Corps of Engineers ordered you to
remove 4.6 acres of unauthorized wetland fill on your property
adjacent to White Lake because the amount of fill exceeded the
DFC-01-1994 12: 00 FROM AC, ENU T ROHMENTAL- TO 39959 P. 04
-12-
amount permitted by the Department of the Army Natiowide No. 26
pei:.-tnit.
9. Inc June, 1993 you applied for a permit to dredge
and till approximately 18 acres of wetlands and excavate a 4.1
acre pond on your property adjacent to White Lake for the purpose
of planting trees and landscaping.
10. The Division denied the 401 water quality certification M
for your 1993 application to excavate a 4.1 acre pond and to fill
approximately 18 acres of wetlands on your property adjacent to
White Lake for the purpose of planting trees and landscaping.
11. On March 8, 1994 you applied for a dredge and fill
permit to excavate a 4.1 acre pond and to fill approximately 18
acres of wetlands adjacent to White Lake for the purpose of
creating a residential development.
12. The excavation of a 4.1 acre pond and the filling of 18
acres of wetlands on your property adjacent to White Lake will.
diminish the capacity of the property for water storage.
13. The excavation of a 4.1 acre pond and the filling of. 18
acres of wetlands on your property adjacent to White Lake will
destroy the aquatic habitat for wetland species.
14. The excavation of a 4.1 acre pond and the filling of 1.8
acres of wetlands on your property adjacent to White Lake will
diminish the capacity of the land to act as a filter to remove
pollutants.
T)FC-01-1';94 12: OA FROM HG D,1OIRCR,I MENTAL TO 399;59 F'.05
1.3-
15. The excavation of a 4.1 acre pond and the filling of 18
acres of wetlands on your property adjacent to White Lake will
diminish the capacity of the property for flood flow attenuation.
This the day of December, 1994.
MICHAEL F. EAS.LEY
Attorney General
Ji.11 B. Hickey
Assistant Attorney General
N.C. Department of Justice
Post office Box 629
Raleigh, NC 27602-0629
(91.9) 733-7247
TI ITHI : P. ff?
rr?i• N.C. DEPT. OF ENVIRONMENT, HEALTH ,
AND NATURAL RESOURCES
?.o. Box 27687
alcigh N.C. 27611
TELECOPY TO:
FAX NUMB
FROM:
Env i r-- wenta l Sciences Branch
FAX [phone]

NTO. OF PAGES LNCL
COMIC NTS:
`'C THIS SKEET:

12/02/94 09:34 $919 733 9959 NC DE)l WO ENN'SCI 001.
TR:1\S%IISSIO% OK
C0?\EC"I"10? TEL
CO\_AECI'I(1\ 11)
START TINIF
t SAGE "I" I Ill:
PAGL:S
ACTIVITY REPORT
11IS8
97330 91
G3
12 02 09*52
o2,0I
3
] • 4a , F-'CIf,1 P! ErPJ I fT7?'rdf' P JPL Ti-: aS=. P. c1
State of North Claro(it1a
VcYH.Tr,oR`:a tc; Dc'partmentof ,1,_,stice Phone: (9i9) 733-5725
,7TO RN2Y(;r\tit,L P.0. B(-)X 624 Fax: [phone]
f?LAL"E. f G H
27602 062'?4
TELECOPIER TRILNSMITTAT, SHE'EN'
FAX N
--? ?,
?IB3FR
FROM.,
:lIJMBsER OF PAGES (T NC.T. UD y NG TRANSMT`C i AL
CONFIRM RECi;IPaOF
MARK JME:Ii' LF r:`)

u; Equal Opporturiity/ ',if:rrrati%,eActlc,n r mpiayer
1-i,T-14-7 +'=+ 11 :4^ ! F'i-lf,i _:? Etd.. 1 9_IrJMFhJTwL

STATE OF NORTH CAROLINA
COUNTY OF CUMBERLAND
TOM KE I Th
v.
Pot it i Onor.•,
NORTH CAROLINA DF'PARTMENT
OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES,
DIVISION OF ENVTRONMFNTAr.
MANAGEMENT,

T1--1 799F'P F. Dom'
TN THE OFFICE OF
ADMiNTSTR.ATIVE HEARINGS
FILE NO. 94 EHR 0961
PREI{FARINq S'T'ATEMENT
Of' RESPONDENT
NOW COMES the Division of Fnvironmental Management of tiro
North. Carolina Department of EnvirQnment, Health and Natural
Resources, Respondent, by and through the undersigned pursuant to
O.S. 150B-33(b)(4) and Rule 26 NCAC 3 .0004 and files its
prehearing statements in the abvva_captioned matter in accordance
with the Order of Septomber 16, 1994.
1. This matter involves the denial of water quality
cert.itication under section 401 of the federal Clean Water Act. by
the Division of Environmental Management for the filling of 18.5
acres of wet lands and the c:onstruc•t:.ion of a 4 acre ,take on
property owned by Petitioner.
Respondent cannct state with certainty the issues to bib
resolved because Petitioner's Petition for A C:ontestorl Case
Hearing does not specify the grounds upon which Petit.i.oner. seeks
a h -rf:r ing.
7!"'T-14-i.' ?' +µ ? 1 : 41,7 P F:11 ;!3 Eh;U I F'iJh it 1P lTHL T-1 :9'=+c' + R. !-1-
-2-
The statutes involved are the federal. Clean Water .Act, SS401
and 404 (33 U.S.C. 5§1341, 1344) and N.C.G.S. 143-214.1. The
rules involved are 15A NCAC 2B .0109 and .0201 and 40 CF'R Part
230, Subparts A and F. The current procedure, foi- evaluating
requests for certi.ficatiorl are contained in "Interim Gizidance for
Wetlands Protection" (DEM Report, No. 92•-•03, May, 1992).
At this early stage of the proceedings, Respondent cannot
cite any legal precedent. which might be relevant or controlling
in this contested case.
2• Petitioner owns 28.6 acres of land adjacent to white,
Lake in Bladen County, most of which is classfied as wetlanrs
under the Clean Water Act. On Fpb.r.nary 7, 1994 Pptif-.ioner
submitted an application to the U.S. Army Corps of l ngi neers
(COO) for a par-.mit under sec_t.i_on 404 of the Clean Wat.ex Art. (5404
permit) to fill 18.5 acres of wetlands and construct a 4 acre
lake can this property 1n order to develop a residont:ial
subdivision. The COE requested that the State issue a water_
quality certification on the proposed project under 5 401 of the
C-tean Wa pr Act-.
Based on its review of Petitioner's permit application, the
statutes, r?uleQs/ and guidance cited above, and several site
inspectir?ns,V L EEM
denied the § 401 water quality
certification for the project for the reasons discussed in its
letter of. August 8 1.994, the dc)urnent constituting agency
action, a copy of wh ch is attached,
110-?
Ci"T-14-;,:?94 11:47 FP71M Vii,. EhU.JIRCIhd?1EIdThL. 7-1 :1799FS E.@4
-3-
3 . Witnesses for the Respc_>ndent. inc Made, but are not
limited t-, the f(,-Yl ]"-)Wing
,fohn Do.rnpy - t) i v, of Envi. rnnrnF,,nta l ManagPmpnt. (DEM),
Wetlands and Techn 1c ;31 RevJ ew Group
Kell Ave vit.te - ITEM, i nspc-rtor
H(,)n Ferre i l - DEM, Wet lanes and Tctc. h . RAt•iew Croup
%41C'ott: M(".laendon - U.S. Army ^c?r f,a of Eng i nwprs
Gravid DeJl - U.S. Fish & wild]ifi Sr-rvira
Alvin F3rasweJ. 1 - N . C. . Mtrsaurir c,f Nat.it rr? 1. r i_enr cis
Alart Weekly - Natuic-- ('onse-r°vai)ry
MiY.e S c h a f e 1 - N . C . 14aLui aI He1:1 t.ac°l?. Pr r) aTl;
Additif?na11y, Responndent may c:ai.i as ,-j wit_rj(Fs any peru n
familiar with Peti tivner ' s appl icat if,,n for a 5 404 parmi t:, as
well as any person named as a wirtrto?ss by any otter party.
Respondent reserves the z_i yht, to supplement; this 1 i.at as it
prepares for a hearing in this mat:twr.
4. itesponcient wJshes to pursue discovery- the length of
time set forth in the St hpdulir)g Orrdtz?r is ac,c-ept?tble?.
5. The location of the hearing spt forth in the Schpdul i.ng
Order is acceptab r - to lze? pn:t:',?nt. .
6. The hearing Jp-jiqth is at 011F- .?I
1
8. Respondent will bi;: pzepared to have a hear i nq in this
case on the date set forth in the Schoduling or.cier.
9. There are no special matters at this point in time.
Ti ffcai P 1711
I H
D
?x F„ti ??,a (ti?a) ale
- ------ - -----

r?

ALI) VA ?C,
? n1?n r cry 1 1 1n n I/ ?. CJ ? ? .
G)6y
lI1?IY?!AlC?1?V ?iYY£ttY ?,? V •'•
w^k
I.
4 ?
AN
'
RAI
QKrice of Administrative Heari
Post Office Box 27447
Raleigh, NC 27611-7447
Re: 401 Water Quality Certifice
DEM #94310
COE #199401539
Gentlemen:
(91()),133-2222
FAX (910),196-6081)
[V
SEP ? 1994
"'IV. OF EtlylROHME,NTAL MCfANT
QFFICF
c
Enclosed is an original and one copy of a Petition for Adjudicatory
Hearing to be filed in the above matter. Once this has been filed,
please return a copy to me.
If you have any questions, do not hesitate to call me.
Sincerely yours,
Anthony E. Rld
AER/cjt
Enclosures

.SEP 4 1994
VNV[
1
? 104
oy? J6,
?Fy
?
J
CG
?I
MAILING AIYURESS- v
?
1111 MORGAN M N RD., S(11117
nt
I"'IS 1-IIiVILLIi, NUI L-III ('A RUI.INA ?x1115

NORTH CAROLINA
CUMBERLAND COUNTY
IN RE:
FILE NO. DEM 94310
PETITION FOR ADJUDICATORY
HEARING
REQUEST FOR 401 WATER QUALITY CERTIFICATION
BLADEN COUNTY
NOW COMES the petitioner Tom Keith, and hereby requests an
adjudicatory hearing on the denial of the Division of Environmental
Management for a Water Quality Certification under Section 401 of
the Federal Clean Water Act for the filling or excavation of 22
acres of wetlands for pond and residential development dated August
8, 1994.
This the 9th day of September, 1994.
TOM KEITH

NORTH CAROLINA
CUMBERLAND COUNTY
CERTIFICATE OF SERVICE
I, Tom Keith hereby certify that I have served the foregoing
Petition for Adjudicatory Hearing on A. Preston Howard, Jr., P.E.,
Director, Division of Environmental Management, Post Office Box
29635, Raleigh, North Carolina, 27626-0535 by depositing same in
the United States Post Office for delivery by First Class Mail,
postage prepaid.
This the _ day of September, 1994.

TOM KEITH

,
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Certified Mail
Return Receipt Requested
Mr. Tom Keith
121 South Cool Springs Street
Fayetteville, N.C. 28301
Dear Mr. Keith:
A4?rjjpo
WOO&
I D FE Fl`
FILE COPY
Subject: Denial of request for 401 Water Quality Certification
DEM # 94310, COE # 199401539
Bladen County
Your application for a Water Quality Certification under
Section 401 of the Federal Clean Water Act was received by the
Division on 30 May 1994, with supplemental information dated 25
May 1994. The activity for which the Certification is sought is
to fill or excavate about 22 acres of wetlands for pond and
residential development. A water Quality Certification is a
determination by the Division that the activity for which the
federal permit or license is sought is not expected to result in
a violation of state water quality standards for the waters of
the state.
After a thorough, on-site inspection of your property, my
staff has determined that existing uses are present in the
wetlands for which you have requested a certification. These
uses include water storage, pollutant removal, and aquatic life
habitat. As provided by 15A NCAC 2B .0109, the 404(b)(1)
Guidelines are used as guidance in determining if a proposed
project will remove the existing uses of a wetland. In
accordance with these guidelines the Division has determined that
the subject project is not water dependent and that you have not
demonstrated that practicable alternatives to the proposed
project cannot be constructed in an upland area. Due to these
findings, I have determined that the subject project would result
in a violation of 15A NCAC 2B .0201(b). Therefore, in accordance
with 15A NCAC 2H .0504(e), I have determined that the 401 Water
Quality Certification for this project shall be denied.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
r
r ? r
Mr. Keith
Page 2
If this denial is unacceptable to you, you have the right to
an adjudicatory hearing upon written request within thirty (30)
days following receipt of this denial. This request must be in
the form of a written petition conforming to Chapter 150B of the
North Carolina General Statutes and filed with the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, NC 27611-7447.
Unless such demands are made, this denial shall be final and
binding. Finally, we are available to further discuss
modification to your proposal which would answer our objections
and allow issuance of a 401 Certification.
If you have any questions concerning this denial, please
contact Mr. John Dorney in the Water Quality Planning Branch of
this Division at [phone].
Sincerely,
A. Preston Howard, Jr. P.E.
94310.den
cc: Fayetteville DEM Regional Office
U.S. Army Corps of Engineers Wilmington Office
U.S. Army Corps of Engineers Wilmington Field Office
John Parker
John Dorney
Central Files
Larry Baldwin; Land Management Group
t
q
' Z
Y
t
f s
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
August 31, 1994
Regulatory Branch
Action ID. 199401539
Mr. Tom Keith
121 South Cool Spring Court
Fayetteville, North Carolina 28301
Dear Mr. Keith:
By copy of North Carolina Department of Environment, Health and Natural
Resources letter dated August 8, 1994, we have learned that State
authorization for you to excavate a 4.1 acre lake and to fill approximately 18
acres of wetlands on your property at White Lake, Bladen County, North
Carolina, has been denied. Under the administrative rules of our regulatory
program, denial of required State authorization precludes favorable
consideration of a Federal permit. Accordingly, your Department of the Army
application is hereby denied, and your file has been retired.
Additionally, we received unfavorable comments from Federal review
agencies (copies enclosed). Their reaction to your proposal is the result of
anticipated significant adverse impacts. I have provided these Federal
agencies' comments to alert you to concerns in addition to those identified in
the State's denial letter. While appealing the State permit is the next step
in pursuing State authorization, you should be aware that Federal agency
comments will be unchanged by the outcome of that appeal. Because of the
Federal agencies' influence on Department of the Army permit decisions, it is
unlikely a Department of the Army permit would be available unless your
project can be modified to lessen its impacts.
Your patience and cooperation during this process is appreciated. Mr.
Scott McLendon of my staff is available to answer any questions you may have
or to assist you in developing a revised plan. Mr. McLendon may be reached at
telephone [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Enclosures
? C?4
i
-2-
Copies Furnished (without enclosures):
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
Mr. Larry Hardy
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Thomas Welborn, Chief
Wetlands Regulatory Section - Region IV
Wetlands, Oceans and Watersheds Branch
U.S. Environmental Protection Agency
345 Courtland Street
Atlanta, Georgia 30365
T ' John Dorney
Division of Environmental Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
r
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Ms. Mary Bear, Staff Assistant
Office of Senator Lauch Faircloth
310 New Bern Avenue
Suite 366
Raleigh, North Carolina 27601
Dear Ms. Bear:
&14
C) FE F1
May 20, 1994 r
p.? -..?u..? UN _ 5
f;` . ?! riY L b 1y94
Thank you for your interest in the Division of Environmental Management's (DEM)
correspondence with Senator Faircloth's constituent, Ms. Helen S. Sharpe, in regard to her
concerns about an application to fill in wetlands at White Lake. The Division's Water
Quality Section incorporated Ms. Sharpe's comments into the public input phase of the
review process but did not develop a formal reply. The section considered many of the
points she raised in her letter as part of its review.
The Division has completed a review of the plans for wetlands fill for 22 acres at
White Lake in Bladen County for pond and residential development. Based upon this
review, we have identified significant uses which would be removed by the project. These
uses include water storage, pollutant removal, wildlife habitat and aquatic life habitat.
Furthermore, we found insufficient evidence to conclude that the project must be built
in wetlands. Therefore, we are moving toward denial of certification to fill wetlands as part
of this project. Until we receive additional information which causes us to change this
opinion, we are requesting that the U.S. Army Corps of Engineers and/or the Division of
Coastal Management place the project on administrative hold.
I have enclosed a copy of a letter detailing our conclusions for your information. If
you have any questions, please feel free to contact Don Reuter, DEM's Public Information
Officer, at [phone].
Sincer ly,
A. Preston Howard, Jr.
APH:dgr
cc: Fayetteville Regional Office
John Dorney, DEM-WQ
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
State of North Carolina
Department of Environment,
Health and Natural Resources • •
Divislon of Envlronmentai Management
James B. Hunt, Jr„ Governor
Jonathan B. Howes, Secretory
A. Preston Howard, Jr., P.E., Director
April 19, 1994
Mr. Thomas Keith
121 S. Cool Spring St.
Fayetteville, N.C. 28301
Project # 94310, COE # 199401539
Dear Mr. Keith
The Division of Environmental Management, water Quality Section has
reviewed your plans for wetland fill for 22 acres of wetlands at White Lake in
Bladen County for pond and residential development. (Based on this review, we
have identified significant uses which would be removed by this project;.
These uses are water storage, pollutant removal, wildlife habitat and aquatic
life habitat. Furthermore, insufficient ev;.dence is present in our files to
conclude that your project must be bi)ilt as planned in wetlands. Therefore,
we are moving toward denial of your 401 Certification. Until we receive
additional information, we are requesting (by copy of this letter) that. the
U.S. Army Corps of Engineers and/or the N_C. Division of Coastal Management
place your project on admin,i,st.rat..ve hold.
Please provide us with information supporting your position that your
project must be constructed as planned and that you have no practicable
alternative to fill of these wetlands. Specifically can you construct your
residential development on nearby uplands or wetlands which have been approved
for fill? Any documentation such as maps and narrative which you can supply
to address upland alternatives may be helpful in our review of your 401
Certification. Please be sure to send us a copy of any information sent to
the Corps of Engineers concerning site plans, alternatives or mitigation
plans. Also please inform us of the differences (if any) between this
application and your earlier project (Public Notice dated June 2 1993).
Please respond within two weeks of the date of this; letter by sending a copy
of this information to me and one.copy to our Mr. (fen Averitte at the
Fayetteville Regional. Off?.ce at wachovia Building, Suite 714, Fayetteville,
N.C. 28301-
l
c q r e
Jo In R. Doy'-ney
We lands and Techn cal Review Group
9?311,1tr
cc: Fayetteville DL•'M Regional Office
John Parker, Division of Coastal Management; ?
Wilmington Office Corps of. Engineers
Central Files
Larry Baldwin; Land Management Group
RO. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An F.quol Opportunity nffirmotivo /Action Employer 6M rocyclad/ 10% post-consumer popor

' DI VISION O ENVIRONMENTAL MANAGEMENT
f Office of'Director <

'
Attached is referred to: z
,`.
Please prepare afinal / draft _ reply by
for signature by the: M;

Governor Deputy Secretary
Director e?
_
Secretary _ Asst. Secretary
Asa't. Director
_ Al. .
In your response, please note correspondence was
" . referred by:
Indicate carbon copies to
_ Indicate blind carbond copies to

w. In taking action, coordinate efforts with
-
I
Please review attached and give me your comments by 4.
Coordinate your review and comment with ,
Please handle '

Please note and advise me as appropriate
Please note and fi le
Please discuss with me

For your information

Remarks: please return background infornation
with drafted responses.

S
F
Log Number

' Jet
r•S

*4,

f%

LAUCH FAIRCLOTH
NW;6-AROI!NA '
united states 0enate
WASHINGTON, DC 20510-3305
May 12, 1994
Mr. Preston Howard
Director of Environmental Management
Department of Environment, Health
and Natural Resources
512 North Salisbury Street
Raleigh, North Carolina 27604
Dear Mr. Howard:
R41 (V jTiku I zlk
D
NAY 16 1994
DIV. OF ENVIRONMENTAL MUNT.
DIRECTORS OFFICE
Because of the desire of this office to be responsive
to all inquiries and communications, your consideration
of the attached is requested.
I would appreciate receiving a copy of any
correspondence your office sends to Ms. Sharpe for my
files. Please address correspondence to me in our
Raleigh office at the following address:
Office of Senator Lauch Faircloth
310 New Bern Avenue
Suite 366
Raleigh, North Carolina 27601
[phone]
Thank you for your attention to this matter.
Best regards,
cp?a't'c? / aar??
Mary Bear
Staff Assistant
MB:mr
Attachment: Helen Sharpe
PRINTED ON RECYCLED PAPER

pwor -)p ?1V
N.C. Division of Environm". 0-rataNIAAge eicii. 36
Post Office Box 27687
Raleigh, N.C. 276 1 1-7687
Dear Environmental Management Officials:
April 16,1994
I am writing in regard to the application filed by Thomas Keith and Larry Baldwin
of the Land Management Group in Wilmington to develop the area into residential sites
with access to White Lake.
Plans show the proposed excavation of a 4.1-acre lake in the center of the 29-acre
tract and the deposit of the spoil material over the remainder of the property.
I would llike to call to your attention that White Lake is one of the unique bay areas
in Southeastern North Carolina. It is a crystal clear, shallow body of water formerly fed by
springs, renewed by the water table regenerated by adjacent wetlands. The eco-system of
the lake is fragile and already suffering from overdevelopment. The Keith land is some of
the last remaining adjacent wetlands.
It is unfortunate that Mr. Keith filled in seven acres last year when he only was
given permission to fill two acres. It is a sad sight to see the dying trees and vegetation,
especially the wonderful old cypress trees. There seems to be little or no correction of this
so-called mistake.
I have been going to White Lake for over 50 years, and it is sad to see the
consequences of overdevelopment.
It is said that there has been some flooding in developments near Mr. Keith's land,
and there is water standing near the highway. This did not happen before Mr. Keith filled
in seven acres of lowlands. Needless to say, this standing water breeds mosquitoes and
has other undesirable effects.
There is no way the water can remain clear and environmentally desirable if Mr.
Keith is allowed to proceed with his plan to change the natural environment of White Lake,
which is one of the most beautiful and desirable natural resources in the world.
Thank you for your attention to this matter.
cc: Governor James Hunt
Head of the Department of Natural Resources
Congressman Charles Rose
Senator Lauch Faircloth
Senator David Parnell
Sincerely,

Helen S. Sharpe
1015 Riverside Blvd.
Lumberton, N.C. 28358

At 2522
Vdmaim?, AoWA Vawi6w 28402
Larry Saidwin
Ow. 94
MAY 1 n 1994
WET AIN G:,,'
WATER (li dj Y
Coe
TO: MR. o,,--
MR. WAYNE WRIGH-i &
REGULATORY BRANCH
ARMY CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NC 28402-1890
[phone]
99uik ;4
"wy op. Ad
405 °wt,Sp1da w& . 4m"
wd. L, .tea 28403
JCERNING
IIZATION-
TH TRACT
:ES FILL.
& SOUTH
MR. TOM KEITH
121 S. COOL SPRING STREET
FAYETTEVILLE, NC 28301
[phone]
THIS IS IN RESPONSE TO THE ARMY CORPS' REQUEST TO ADDRESS AVOID-
ANCE, MINIMIZATION, AND/OR MITIGATION (DA/EPA MOA 2/6/90) ISSUES
AS THEY RELATE TO THE TOM KEITH INDIVIDUAL 404 PERMIT APPLICATION
(ID #199401539) FOR A 4.1 ACRE LAKE AND 18.5 ACRES FILL WITHIN
404 WETLANDS.
THE TOM KEITH TRACT IS "28.6 ACRES IN TOTAL SIZE AND HAS BEEN
OWNED BY THIS FAMILY SINCE THE 1940'S. UNDER CURRENT 404 REGULA-
TIONS "24.6 ACRES ("86%) OF THIS TRACT ARE CLASSIFIED AS ISOLATED
JURISDICTIONAL WETLANDS. PRIOR TO 1985, NONE OF THIS TRACT WOULD
HAVE BEEN CLASSIFIED AS JURISDICTIONAL WETLANDS OR SUBJECT TO
PERMITTING RESTRICTIONS, AS THESE REGULATIONS APPLIED ONLY TO
ADJACENT AND BELOW HEADWATERS 404 WETLANDS. PRIOR TO 1978,
WETLANDS WERE ONLY REGULATED WITHIN OR ALONG NAVIGABLE INTERSTATE
WATERS.
THUS, THE TOM KEITH TRACT HAS BEEN REGULATED BY 404 WETLAND
REGULATIONS FOR ONLY "8 Yrs OUT OF "50 Yrs OF PRIVATE OWNERSHIP.
THE OWNER DESIRES TO DEVELOPE THIS TRACT IN ORDER TO REALIZE AN
ECONOMIC RETURN ON THIS LONG-TERM INVESTMENT. THE TRACT IS ONE
OF THE FEW UNDEVELOPED, WATERFRONT TRACTS ALONG WHITE LAKE, WHICH
HAS A STRONG MARKET POTENTIAL FOR SALES.
THE PERMIT APPLICATION REQUESTS TO BUILD A 4.1 ACRE LAKE IN THE
CENTRAL. PORTION AND ESSENTIALLY FILLING THE BALANCE OF THE TRACT
PAGE 2.
TOM KEITH, INDIVIDUAL 404 PERMIT
WITH 18.5 ACRES OF CLEAN FILL. THE 404 WETLANDS TO BE FILLED ARE
OF TYPICAL POCOSIN VARIETY THAT ARE COMMONLY FOUND THROUGHOUT
THE SOUTHEASTERN COASTAL PLAINS. THE WETLAND IS VEGETATED WITH
COMMON POCOSIN VEGETATIVE SPECIES AND HYDRIC SOILS AS STATED
WITHIN THE PUBLIC NOTICE. THERE APPEARS TO BE NO SPECIAL OR
SIGNIFICANT QUALITIES TO THESE WETLANDS EXCEPT THEY OCCUR NEXT TO
THE LAKE. WE AGREE WITH THE PUBLIC NOTICE THAT THE LAKE RE-
CHARGES/DISCHARGES PRINCIPALLY THROUGH RAINFALL AND EVAPORATIONAL
EVENTS. THUS, THESE WETLANDS PLAY NO SIGNIFICANT ROLE AS TO THE
LAKE'S HYDROLOGY DESPITE THEIR PROXIMITY TO IT.
AVOIDANCE:
THE TRACT HAS -86% JURISDICTIONAL 404 WETLANDS. WITH THIS EX-
PANSE OF WETLANDS THERE ARE NO FEASIBLE ALTERNATIVES AS TO AVOID-
ING THESE AREAS.
MINIMIZATION:
IN ORDER TO REALIZE THE TRACT'S FULL POTENTIAL VALUE IT IS NECES-
SARY TO FILL 18.5 ACRES TO ALLOW SUFFICIENT LOT DIMENSIONS FOR
LOT LAYOUTS FROM BOTH SIDES OF THE TRACT. THE 4.1 ACRE LAKE
PLANNED IN THE CENTRAL PORTION IS FOR PRODUCING DREDGE SPOILS FOR
FILLING THE 18.5 ACRES, DRAINAGE RUN-OFF CONTROL, AND AESTHETICS.
IT COULD BE POSSIBLE TO CONVERT THIS AREA INTO A CYPRESS/TUPELO
LAKE WITH INUNDATED WETLAND FUNCTIONS CONSERVED IN ORDER TO
MINIMIZE IMPACTS TO THIS AREA.
MITIGATION:
THERE WILL BE A LOSS OF THE 18.5 ACRE WETLANDS TO BE FILLED, EVEN
THOUGH SIGNIFICANT WETLAND VALUES AND LOSSES ARE QUESTIONABLE.
IF REQUIRED FOR ISSUANCE OF THE INDIVIDUAL 404 PERMIT, MITIGATION
WILL BE COMPLETED BY CONVERTING OFF-SITE PRIOR-CONVERTED WETLANDS
OR OFF-SITE UPLANDS TO WETLANDS. CONSIDERING THE POCOSIN WETLAND
TYPE WE FEEL A 1:1 RATIO IS APPROPRIATE FOR THE FILL WITHIN THE
18.5 ACRE WETLANDS AREA. THE 4.1 ACRE LAKE WILL CONTINUE TO
FUNCTION AS AN INUNDATED 404 WETLANDS WITH CYPRESS/TUPELO CON-
SERVED AT "5-8 TREES/ACRE. THE LAKE AREA WILL HAVE WETLAND
FUNCTIONS/VALUES OF RUN-OFF DETENTION AND POLLUTENT REMOVAL,
AQUATICS VEGETATION, AQUATICS WILDLIFE, BIRD SANCTUARY, FISHER-
IES, AND UNCONFINED AQUIFER/LAKE RECHARGE. WE FEEL THIS 4.1 ACRE
OF WETLANDS DISTURBANCE FOR THE LAKE SHOULD NOT BE MITIGATED AS
WETLAND VALUES WILL BE ACCENTED AND NOT REMOVED.
WE WILL BE GLAD TO DISCUSS ANY SUGGGESTIONS OR RECOMMENDATIONS
YOUR AGENCY MAY HAVE REGARDING MINIMIZATION/MITIGATION FOR THIS
NECESSARY PERMIT ON THIS PROJECT.
LARRY F.
i
BALDWIN, CPSS/SC
c,'C Mr. ,:John Dornoy, NCDE[d&NR
9?a4a' ?9?' jwc.
?nctml 'Conetc&aiata
Ad &x,25,2.2
Vdmi yAw, AoWA Vawlma 28402
Yd- 999-452-0009

DATE:
APRIL 15, 1994
SUBJECT: 404 WETLANDS REEVALUATIOP
NEERS OF THE TOM KEITH TR.
UPLAND AREAS, EXEMPT HIS
FILL AREAS, AND OVER-FILL
LOCATED ON THE NORTH SIDE C.
HWY 701/N.C. HWY 41, BLADEN
TO: MR. SCOTT McLENDON
MR. ERNIE JAHNKE &
REGULATORY BRANCH
ARMY CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NC 28402-1890
[phone]
?te 94
op", Ad
,2840.1
\ n?
M?
r .j.,.. j i
IN C
,-j-3222
afREET
28301
OUR FIRM MET WITH THE ARMY CORPS OF ENGINEERS REPRESENTATIVE MR.
ERNIE JAHNKE ON 04/12/94 IN ORDER TO: (1) CONFIRM THE CURRENT
404 WETLANDS STATUS; (2) AGREE UPON HISTORIC VS RECENT FILL
ACTIVITIES WITHIN 404 WETLAND AREAS; (3) DETERMINE EXTENT OF
PERMITTED/NON-PERMITTED FILL ACTIVITIES, AND (4) DETERMINE RESTO-
RATION EFFORTS/PROGRESS WITHIN NON-PERMITTED FILL AREAS.
THE ENCLOSED PRELIMINARY WETLANDS MAP SHOWS THE REVISED AND/OR
AGREED UPON DELINEATIONS FOUND WITHIN THE TOM KEITH TRACT AS TO
404 WETLANDS, UPLANDS, HISTORIC FILL, AND PERMITTED/NON-PERMITTED
FILL AREAS WITHIN 404 WETLANDS. THE FOLLOWING ARE DESCRIPTIONS
OF THE VARIOUS LAND CLASSIFICATIONS:
THE "oooooo" AREAS ("1.0 Acres; See Map) ARE NATURAL UPLAND AREAS
THAT WERE AGREED UPON WITH THE ARMY CORPS AND SHOULD NOT BE CLAS-
SIFIED AS 404 WETLANDS. THESE AREAS HAVE NON-HYDRIC SOILS OF
MANDARIN, CENTENARY, AND LEON-DRY PHASE. THESE AREAS HAVE BEEN
RECENTLY CLEARED AND SURFACES DISTURBED IN THE PROCESS. THESE
AREAS ARE DELINEATED IN THE FIELD WITH "Pink/Black-Striped" FLAG-
GING.
THE AREAS
("3.0 Acres; See Map) ARE HISTORIC, SANDY-
FILL, UPLAND AREAS THAT WERE AGREED UPON WITH THE ARMY CORPS.
THESE AREAS WERE FILLED AND ESTABLISHED PRIOR TO 1985, BEFORE 404
WETLAND JURISDICTION WAS EXTENDED TO THESE AREAS. THESE AREAS
PAGE 2.
TOM KEITH TRACT, 404 WETLANDS
ARE DELINEATED IN THE FIELD WITH "Pink/Black-Striped" FLAGGING.
THE "WHITE/----" AREAS ("1.5 Acres; See Map) ARE HISTORIC FILL
ROADS ALONG THE TRACT'S EAST & WEST PERIMETER FROM U.S. HWY 701
TO WHITE LAKE, AND ALSO AN OLD WOODS ROAD ACROSS THE NORTHERN
PORTION OF THE TRACT ("0.4 of above -1.5 Acs). THESE FILL ROADS
WERE ESTABLISHED PRIOR TO 1985, BEFORE 404 WETLANDS JURISDICTION
WAS EXTENDED TO THESE AREAS WHICH WAS AGREED UPON WITH THE ARMY
CORPS. THE PERIMETER ROADS AVERAGE 18-22 Ft IN WIDTH. THE OLD
WOODS ROAD HISTORIC FILL IS -15 Ft IN WIDTH, IS FLAGGED WITH
"Pink/Black-Striped" FLAGGING WITHIN THE EASTERN DISTURBED AREA
OF THE TRACT, AND WAS AGREED UPON WITH THE ARMY CORPS.
THE "++++++" AREAS ("2.6 Acres; See Map) ARE RECENTLY FILLED
PERMITTED AREAS OVER 404 WETLANDS. THESE AREAS WERE FILLED UNDER
FULL COMPLIANCE WITH ARMY CORPS/EPA NWP# 26 PREDISCHARGE NOTICE
PERMIT DATED 5/17/90. THESE 404 WETLANDS HAVE BEEN DEFINED AS
ISOLATED WETLANDS BY THE ARMY CORPS. THIS 2.6 ACRE AREA IS
RECOGNIZED BY THE ARMY CORPS TO BE FILLED IN FULL COMPLIANCE.
THE "+/+/+/+/" AREAS ("3.3 Acres); See Map) ARE RECENTLY FILLED
NON-PERMITTED AREAS OVER 404 WETLANDS. THESE AREAS WERE FILLED
IN ERROR AS PART OF THE. 5/17/90 NWP #26 PERMIT. THESE AREAS ARE
BEING RESTORED BACK TO THEIR NATURAL CONTOUR ELEVATIONS. AS OF
4/12/94 -1.8 ACRES ("55%) OF THIS AREA HAS BEEN RESTORED WHICH
LEAVES A BALANCE OF "1.5 ACRES MORE TO BE COMPLETED. THERE HAS
BEEN SOME CONFUSION AS TO THE TOTAL AMOUNT OF AREA TO BE RESTORED
BUT IT WAS AGREED UPON WITH THE ARMY CORPS THE RECENT FILL WITHIN
THE NORTHERN AREA TO THE UPLANDS LINE AND EXCLUSIVE OF THE OLD
WOODS ROAD WOULD NEED RESTORATION BACK TO NATURAL CONTOUR ELEVA-
TIONS WHICH IS "1.5 ACRES. IT WAS DISCUSSED WITH THE CORPS IF
THIS FILL COULD REMAIN IN PLACE UNTIL THE CURRENT INDIVIDUAL 404
PERMIT FILL APPLICATION HAD BEEN PROCESSED IN ORDER TO REDUCE
FURTHER SITE DISTURBANCES AND REPETITION. THE ARMY CORPS EX-
PLAINED THIS HAS ALREADY BEEN REVIEWED AND DENIED FOR "AFTER-THE-
FACT" PERMIT PROCESSING IN THEIR 02/18/94 LETTER. THUS, THE -1.5
ACRE OF NON-PERMITTED FILL WITH THE NORTHERN SECTION MUST BE
REMOVED AND RESTORED BACK TO ORIGINAL ELEVATIONAL CONTOURS.
THE "+#+#+#+#+" AREAS ("1.8 Acres; See Map) PREVIOUSLY FILLED,
NON-PERMITTED 404 WETLANDS THAT HAVE BEEN RESTORED AS OF
04/1.2/94. THIS AREA WAS MEASURED AND CONFIRMED WITH THE ARMY
CORPS TO ESTABLISH THE TOTAL RESTORED ACREAGE.
THE "(Pond)" AREA ("0.3 Acres; See Map) IS A HISTORIC MAN-MADE
POND WITHIN CURRENTLY DEFINED 404 WETLANDS. THIS POND WAS ESTAB-
LISHED PRIOR TO 1985, BEFORE 404 WETLANDS JURISDICTION WAS EX-
TENDED TO THESE AREAS. THE POND HAS ACCLIMATED WITH AQUATIC
SPECIES AND FUNCTIONS AS 404 WETLANDS AND THUS WOULD BE DEFINED
AS SUCH.
PAGE 3.
TOM KEITH TRACT, 404 WETLANDS
THE AREAS ("17.1 Acres; See Map) ARE NATURAL, UNDIS-
TURBED 404 WETLANDS. THESE AREAS HAVE HYDRIC SOILS OF LEON-WET
PHASE, LYNN-HAVEN, CROATAN, AND PAMLICO. PRIMARY HYDRIC VEGETA-
TIVE INDICATORS ARE BLACK TUPELO, BLACK GUM, POND CYPRESS, BALD
CYPRESS, POND PINE, SWAMP RED MAPLE, TITI, LOBLOLLY BAY, FETTER-
BUSH, SWEET GALLBERRY, ROYAL FERN, AND NETTED CHAIN FERN. THESE
AREAS COME UNDER ARMY CORPS/EPA/NCDEH&NR JURISDICTIONS AND RE-
QUIRE PERMITS BEFORE ANY MASSIVE DISTURBANCE OR FILL ACTIVITIES
ARE INITIATED. THESE 404 WETLANDS HAVE BEEN PREVIOUSLY DEFINED
AS "ISOLATED" BY THE ARMY CORPS.
AS TO DATE, THE, JURISDICTIONAL, VS NON-JURISDICTIONAL 404 WETLAND
AREAS, AND THE PERMITTED VS NON-PERMITTED FILL AREAS HAVE BEEN
ESTABLISHED WITH THE ARMY CORPS. THE PRINCIPAL CONCERN WAS TO
DEFINE THE TOTAL 404 WETLAND AREAS THAT NEED TO BE RESTORED,
WHICH IS -1.5 ACRES WITHIN THE NORTHERN SECTION OF THE TRACT AND
IS EXCLUSIVE OF THE DELINEATED OLD WOODS ROAD. THE ARMY CORPS
WILL NOT COMPLETE THE CURRENT INDIVIDUAL 404 PERMIT (#199401539)
APPLICATION FOR 18.5 ACRES OF FILL, UNTIL THE RESTORATION IS COM-
PLETED WITHIN THE NON-PERMITTED AREAS. AFTER THIS IS COMPLIED
WITH, WE CAN HOPEFULLY ATTAIN USAGE OF YOUR TRACT PENDING APPROV-
AL OF THE. INDIVIDUAL 404 PERMIT.
LARRY F. BALDWIN
CPSS/SC #2183
c:c, Mr. John Dor- noy, N C;[ FH8,NR
Al li, /I 199A.
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers Fh o, .
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199401539 March 31, 1994
PUBLIC NOTICE
MR. THOMAS KEITH, c/o MR. LARRY BALDWIN, LAND MANAGEMENT GROUP, INC., Post
Office Box 2522, Wilmington, North Carolina 28402, has applied for a Department
of the Army Permit (DA) TO CONSTRUCT A 4.1 ACRE LAKE AND TO FILL APPROXIMATELY
18 ACRES OF FLOODED BAY FOREST WETLAND ADJACENT TO White Lake, Bladen County,
North Carolina.
The following description of work is taken from information provided by the
applicant and from observations made during on-site inspections by
representatives of the U.S. Army Corps of Engineers. Plans submitted with the
application show the proposed excavation of a 4.1 acre lake in the center of the
29 acre tract and the deposition of the resultant spoil material over the
remainder of the property. All excavated and spoil areas are jurisdictional
wetlands. If necessary, the applicant proposes to utilize an off-site borrow
area for additional fill material. The applicant also states that all surface
drainage will be into the proposed lake and that no off-site drainage will
occur. It is expected that the vegetative community will be removed through
this action. Adverse impacts to waters and wetlands of the United States
associated with this project total approximately 22 acres.
Currently, the area contains standing water at depth of +/- 1.5 feet that
has encroached upon the Highway 701 right-of-way and adjacent filled areas in
the Turtle Cove subdivision. The wetland area is typical of a Bay Forest with
the dominant plant community consisting of Gordonia lasianthus (loblolly bay),
N ssa a ua?tica_ L. (tupelo gum), Acer rubrum re map e , an Pinus taeda
loblolly pine). Understory vegetations dense and is compose primarily of
L onia lucida (fetterbush), Ilex coriacea (gallberry), and Cyrilla racemiflora
(ti.ti .entire site hasten mappe?by the Soil Conservation Service as
containing Pamlico muck (North Carolina hydric soil).
Hydrology of the area appears to be dependant on seasonal precipitation and
concomitant lake levels. According to available information, including aerial
photography, the Bladen County soil survey, and USGS 7.5' Quadrangles, the
wetlands were contiguous with White Lake proper; however, recent and historical
filling on this property has removed this surface water connection and movement
of water to and from the site is apparently through-subsurface flow and
precipitation. The problem with standing water has likely been aggravated over
the past year due to above normal rainfall in the area. The applicant further
states that at one time the area he proposes to fill and the adjacent properties
were drained through a series of ditches through the neighboring subdivision.
Based on available information, the area the applicant proposes to fill
represents the only unfragmented and otherwise reasonably undisturbed wetland
remaining on White Lake.
The stated purpose of the proposed work is to develop the area into p,
residential sites with access to the waters of White Lake. Plans.showing the
work are included with this public notice.
A similar proposal to fill and landscape the property was considered under
Public Notice 199300498 dated May 27, 1993.
.e,

-2-
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 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
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, based on available information, is not aware that
the proposed activity will 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 and flood
plain values (in accordance with Executive Order 11988), 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.
-3-
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 the preparation of
an Environmental Assessment and/or an 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.
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 April
25, 1994.
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 April 18, 1994, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be
received in this office, Attention: Scott McLendon, until 4:15 p.m., April 29,
1994, or telephone [phone].
Um
1RS ? tal ,
CYPRESS CREEK BAY ^now
t ? + ? IJn
'jT1 S1t'?
IW ? K• ??
Iwl `E' ? t
} tM1 1>? LM \, IDfI
'~ M!1 S W .A iJ1t 6
101
low BIG COLLY BAY \ I • •? :.
Im =t
i
1.1 tm
1 ti
In> IL1L
ON S 1/ IWi
18R Ito 3xnWS
;1/ POND
L
tw ? e IJ71 lail
as Nti
UAL SAMM O
1 LAKE ?
MNr: t
LAX.-: Q 1
4
•
•'ti;:

up + $41
UK sa b. W
3
ult
ULIL
O •
trwite!
Wood, 0
T
IW .
011 \
ww W.
\ ? oa 0?
\ t in+ 1 /
y W141111 LAO
aEiHTOW
Iv.Lut 11
aRC ?
u ?
.r, NN
, ...
raw
t /
ill3 • 1»el US
?. ' IS t 0 %
tm ' \ ?eS
46
tMl i• 1t}I '_'?? .r_.
? r
I&A)
,C.
SINGLXrARY ,
(1l tom` LAKE
t
ss
C tnj
?.?
Pie.
r
v5
At6 so X993
At?1 DEt?c?varS? As
1 #CPAI-I?l? N? ?y US??+AJ.r
I IlII?? .ja 4p A. 5.0;"- . ?W
`?s?. ?_ _ _ _ Me? N 0
sr scS 1
1
i 1 Q? ?may V° ?, ? a? I 1
1 1 3s? • Q
o ?1
WE.
1 tf,/A4 AO*AGC Q?'?"? ?atV'{ 1 QfLVIOVf?I
pr Pt
To ,g t ti ?,l,.CD Jr. t M.? (?pf r? ???+0
CAW 0
Fnn+ L;•?
jr.,
Now
1
$PIZ
pr Z,
All
00
` ,4- /
Lo /cF ?,/!rte (?xlA?? / / ?T
4e/ /
ve?a v;<.?.nr i? :u•c' .N.+?.?:,-...z..- .?r-...?-. -. -r: ?•n "'?.r - - .. .- .,.. a ^?:• 't ..._,. v -,
f I
s es 7011
?1 •

i
?UBHX
T

white
1 Lake '
:•;f•liF! ? ,.
3B
PF06F
PEMIc. . . .. ---
I
' . PFDIA d I
I
t r -- i
P F06F
?401C QFO1C• • =.•
rn
m avA
i%
rn
' QO O
?C?6Hx ?
?.L 4i
I oQ
c Q!;
I
- t
/I?07GN?0 404.4
.f?S/I?tJS
B37 AEON kkll•VN0
AaER
l ,C
i
I
i
t
U.S.. DEPARTMENT OF THE INTERIOR
FISH AND WILDLIFE SERVICE
no 4/IB
Prepared by National Wetlands Inventory
1
Feet
5 000 1000C
1 -- 2 3 Kilc
Scale • 1:24000
^°.a r!
1? i-vi -r?,?? ? Gl` 'aY:,?• a r1'f v ? '1
/^.LeA
'Cr.. '"r4« ter' `' '" C' ,.. lVV/ ?
40
e A-
L
LeA Ud ..
• r Y T - N ?
p
' - ??Jp t .ate ?• ?. '• . ?•. ..i ?+ '? r
y ,. LaB h + ,
' 1-`/ A
:r" ki •"?? LeP` ,i ?vRZ LE ,moo
5i
pa J
C a WgB.
q w?
ATE L a k e
?i',?,. !dam • , ?? .. ,?,.
LeA LY
_ ? • rL
?- White..
Ar,
. '?i?, ••'?7 .? `I ''d., fir. '? ?. •y
tic
•=? ? .'r ?• 0.,,t '.-?V?•Y?y: '+?.??'?'C?..?/:??:it?iXy'-•?• ? ?! r••r? :L - ?I ?'•• w 1
lilt
-ILI
.Alp
-60 40
•+? - L L
4kc 7;m,
411. -db-
-tip- N''o 601; -'v _" ??I »•' •.M
ff ,_
67
7- ti. Z
-dw. White
Lake
66
,?_ 0 \\`?? ?e ?. -?.- %Z?,..._ ..W?.: ?. mow- - ?,•
%
"r1\ \ may.- -dip - ?\\. ? • ,y?
_ •r
ake
-dip ?
s7e
-14
t- r\ 6 0
)pm -'Voa 2522 t. . _
5 t C
' Idm6W", ?YodA Wawk-na 28402
Ye- 990-452-0009
9204dy .Wald 99,d& f4
cxi Chi ??a,. ,?{ 3805 %iig? Wvmu e
Vdmiwp&n, /W 28403
DATE: MAY 25, 1994
SUBJECT: RESPONSE TO NCDEH&NR-WATER QUALITY-WETLANDS SECTION
LETTER (04/1.9/94) CONCERNING ACTION PROJECT #94310; COE
#199401539 AS TO AVOIDANCE-MINIMIZATION-MITIGATION
WITHIN 404 WETLANDS OF THE 'I'OM KEITH TRACT ("'28.6
Acres) FOR A 4.1 ACRE LAKE AND 18.5 ACRES FILL. TRACT
LOCATED ON THE NORTH SIDE OF WHITE LAKE. & SOUTH OF U.S.
HWY 701./N.C. HWY 41, BLADEN COUNTY, N.C.
TO: MR. JOHN DORNEY MR. TOM KEITH
NCDEH&.NR, WETLANDS 121. SOUTH COOL SPRING STREET
P.O. BOX 29535 FAYETTEVILLE, NC 28301
RALEIGH, NC 27626-0535 [phone]
(919) 733-508
THIS IS IN RESPONSE TO THE NCDEH&.NR'S WETLANDS SECTION CONCERNS
AS TO ADDRESS AVOIDANCE, MINIMIZATION, AND/OR MITIGATION ISSUE'S
REL,ATTNG TO THE TOM KEITH INDIVIDUAL 4041401. PERMIT APPLICATION
FOR A 4.1 ACRE LAKE AND 18.5 A FILL, WITHIN 404 WETLANDS.
THE TOM KEITH TRACT IS -28.6 ACRES IN TOTAL, SIZE AND HAS BEEN
OWNED BY THIS FAMILY SINCE THE 1940'S. UNDER CURRENT 404 REGULA-
TIONS -24.6 ACRES ("86%) OF THIS TRACT IS CLASSIFIED AS
ISOLATED/ABOVE HEADWA'T'ERS JURISDICTIONAL WETLANDS. PRIOR TO
1985, NONE OF THIS TRACT WOULD HAVE BEEN CLASSIFIED AS JURISDIC-
TIONAL WETLANDS OR SUBJECT TO PERMITTING RESTRICTIONS, AS THESE
REGULATIONS APPLIED ONLY TO ADJACENT AND BELOW HEADWATERS 404
WETLANDS. PRIOR TO 1978, WETLANDS WERE ONLY REGULATED WITHIN OR
ALONG NAVIGABLE INTERSTATE WATERS.
THUS, THE TOM KEITH TRACT HAS BEEN REGULATED BY 404 WETLAND
REGULATIONS FOR ONLY -8 Yrs OUT OF "50 Yrs OF PRIVATE OWNERSHIP.
THE OWNER DESIRES TO DEVELOPE THIS TRACT IN ORDER TO REALIZE AN
ECONOMIC RETURN ON THIS LONG-TERM INVESTMENT. THE TRACT IS ONE
OF THE FEW UNDEVELOPED, WATERFRONT TRACTS ALONG WHITE LAKE, WHICH
HAS A STRONG MARKET POTENTIAL FOR SALES.
THE PERMIT APPLICATION REQUESTS TO BUILD A 4.1 ACRE. LAKE IN THE
CENTRAL PORTION AND ESSENTIALLY FILLING THE BALANCE OF THE TRACT
WITH 18.5 ACRES OF CLEAN FILL. THE 404 WETLANDS TO BE FELLED ARE
OF TYPICAL POCOSIN VARIETY THAT ARE COMMONLY FOUND THROUGHOUT
THE. SOUTHEASTERN COASTAL PLAINS. THE WETLAND IS VEGETATED WITH
PAGE 2.
TOM KEITH, INDIVIDUAL 404/401. PERMIT
COMMON POCOSIN VEGETATIVE SPECIES AND HYDRTC SOILS AS STATED
WITHIN THE PERMIT APPLICATION AND PUBLIC NOTICE. THERE. APPEARS
TO BE NO SPECIAL OR SIGNIFICANT QUALITIES TO THESE WETLANDS
EXCEPT THEY OCCUR NEXT TO THE LAKE. WE AGREE WITH THE PUBLIC
NOTICE THAT THE LAKE RECHARGES/DISCHARGES PRINCIPALLY THROUGH
RAINFALL AND EVAPORATIONAL, EVENTS, NOT THROUGH GROUNDWATER RE-
CHARGE. THUS, THESE WETLANDS DO NOT HAVE A SIGNIFICANT FUNCTION
AS TO THE LAKE'S HYDROLOGY DESPITE THEIR PROXIMITY TO IT.
AVOIDANCE:
THE TRACT HAS "86% JURISDICTIONAL 404 WETLANDS. WITH THIS EX-
PANSE OF WETLANDS THERE ARE NO FEASIBLE ALTERNATIVES AS TO AVOID-
ING THESE AREAS AND REALIZE ANY SIGNIFICANT ECONOMIC POTENTIAL.
MINIMIZA'T'ION:
IN ORDER TO REALIZE THE TRACT'S FULL POTENTIAL VALUE IT IS NECES-
SARY TO FILL 18.5 ACRES TO ALLOW SUFFICIENT LOT DIMENSIONS FOR
LOT LAYOUTS FROM BOTH SIDES OF THE TRACT. THE 4.1 ACRE LAKE
PLANNED IN THE CENTRAL, PORTION IS FOR PRODUCING DREDGE SPOILS FOR
FILLING THE 18.5 ACRES, DRAINAGE RUN-OFF CONTROL, AND AESTHETICS.
IT COULD BE POSSIBLE. TO CONVERT THIS AREA INTO A CYPRESS/TUPELO
LAKE WITH INUNDATED WETLAND FUNCTIONS CONSERVED IN ORDER TO
MINIMIZE IMPACTS TO THIS AREA.
MITIGATION:
'T'HERE WILL, BE A LOSS OF THE 18.5 ACRE WETLANDS TO BE FILLED, EVEN
THOUGH SIGNIFICANT WETLAND VALUES AND LOSSES ARE QUESTIONABLE.
IF REQUIRED FOR ISSUANCE OF THE INDIVIDUAL, 404 PERMIT, MITIGATION
WILL BE COMPLETED BY CONVERTING OFF-SITE PRIOR-CONVERTED WETLANDS
OR OFF-SITE UPLANDS TO WETLANDS. CONSIDERING THE POCOSIN WETLAND
TYPE WE FEEL A 1:1 RATIO IS APPROPRIATE FOR THE FILL WITHIN THE
18.5 ACRE WETLANDS AREA. THE 4.1. ACRE LAKE WILL CONTINUE TO
FUNCTION AS AN INUNDATED 404 WETLANDS WITH CYPRESS/TUPELO CON-
SERVED AT "5-8 TREES/ACRE. THE LAKE AREA WILL HAVE WETLAND
FUNCTIONS/VALUES OF RUN-OFF DETENTION AND POLLUTENT REMOVAL,
AQUATICS VEGETATION, AQUATICS WILDLIFE, BIRD SANCTUARY, FISHER-
IES, AND UNCONFINED AQUIFER/LAKE RECHARGE. WE FEEL THIS 4.1 ACRE
OF WETLANDS DISTURBANCE FOR THE LAKE SHOULD NOT BE MITIGATED AS
WETLAND VALUES WILL, BE ACCENTED AND NOT REMOVED.
THE MAJOR DIFFERENCES BETWEEN THIS APPLICATION AND THE PRIOR
APPLICATION OF 06/02/93 ART:: (1) ALIT WATERS WILL BE DIRECTED TO
AND DETAINED WITHIN THE INUNDA'T'ED LAKE AREA TO PROVIDE SEDIMENT &
ANY POLLUTANT REMOVAL; (2) THESE. WATERS WILL PROVIDE GROUNDWATER
RECHARGE & STORAGE; (3) THIS IS STRICTLY A FILL REQUEST WITH NO
DRAINAGE TO OUTLETS; (4) THE 4.1 Ac LAKE AND WETLANDS EDGE WILL,
PROVIDE MULTIPLE AQUATIC, WILDLIFE AND WETLAND BENEFITS.
WE WILL BE GLAD TO DISCUSS ANY SUGGGESTIONS OR RECOMMENDATIONS
YOUR AGENCY MAY HAVE REGARDING MINI MIZ.ATION/MITIGATION FOR THIS
NECESSARY PERMIT ON THIS PROJECT.
C'? fO c
_A P.Y F. I'Vil_I)WIN
c: c PSI i I<. F- n F=a v F= r .i 1, t. E:? ., N?": f? E h I <<? N F: I? ? y c: t L f1 v 1 l E-;
r,
DEPARTMENT OF T
Wilmington District, Co:
Post Office Bc
Wilmington, North Caro]
Action ID. 199401539
PUBLIC NO'
MR. THOMAS KEITH, c/o MR. LARRY BALDWI
Office Box 2522, Wilmington, North Carolina nt
of the Army Permit (DA) TO CONSTRUCT A 4.1 ACRE LAKE AND TO r1LL .
18 ACRES OF FLOODED BAY FOREST WETLAND ADJACENT TO White Lake, Bladen County,
North Carolina.
The following description of work is taken from information provided by the
applicant and from observations made during on-site inspections by
representatives of the U.S. Army Corps of Engineers. Plans submitted with the
application show the proposed excavation of a 4.1 acre lake in the center of the
29 acre tract and the deposition of the resultant spoil material over the
remainder of the property. All excavated and spoil areas are jurisdictional
wetlands. If necessary, the applicant proposes to utilize an off-site borrow
area for additional fill material. The applicant also states that all surface
drainage will be into the proposed lake and that no off-site drainage will
occur. It is expected that the vegetative community will be removed through
this action. Adverse impacts to waters and wetlands of the United States
associated with this project total approximately 22 acres.
Currently, the area contains standing water at depth of +/- 1.5 feet that
has encroached upon the Highway 701 right-of-way and adjacent filled areas in
the Turtle Cove subdivision. The wetland area is typical of a Bay Forest with
the dominant plant community consisting of Gordonia lasianthus (loblolly bay),
N_fssaa a ua?tica_ L. (tupelo gum), Acer rubrum re map e , an Pinus taeda
( ogolly pine). Understory vegetation-dense and is compose primarily of
L onia lucida (fetterbush), Ilex coriacea (gallberry), and C rilla racemiflora
(tits .Tentire site has-Teen mappe by the Soil Conservation Service as
containing Pamlico muck (North Carolina hydric soil).
Hydrology of the area appears to be dependant on seasonal precipitation and
concomitant lake levels. According to available information, including aerial
photography, the Bladen County soil survey, and USGS 7.5' Quadrangles, the
wetlands were contiguous with White Lake proper; however, recent and historical
filling on this property has removed this surface water connection and movement
of water to and from the site is apparently through subsurface flow and
precipitation. The problem with standing water has likely been aggravated over
the past year due to above normal rainfall in the area. The applicant further
states that at one time the area he proposes to fill and the adjacent properties
were drained through a series of ditches through the neighboring subdivision.
Based on available information, the area the applicant proposes to fill
represents the only unfragmented and otherwise reasonably undisturbed wetland
remaining on White Lake.
The stated purpose of the proposed work is to develop the area into
residential sites with access to the waters of White Lake. Plans showing the
work are included with this public notice.
A similar proposal to fill and landscape the property was considered under
Public Notice 199300498 dated May 27, 1993.
N
-2-
The State of North Carolina will review this public notice to determine the
need foz 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 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
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, based on available information, is not aware that
the proposed activity will 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 and flood
plain values (in accordance with Executive Order 11988), 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. _

-3-
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 the preparation of
an Environmental Assessment and/or an 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.
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
erson 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 April
25, ?94.
1 persons desiring to make comments regarding the application for Clean
Wa er 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 April 18, 1994, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be
received in this office, Attention: Scott McLendon, until 4:15 p.m., April 29,
1994, or telephone [phone].

1
U11 CYPRESS CREEK gA Y •?1
LAX9
un

saw
a I.w
/
'
InL
IttL
lm
Ip , \,

. +f
• +?
l1O
\, LW
\ V
/IA/ 9 T:
'i •
' L

•
IA `

If11
• IA ••

/W

/•? J

J
BIG COLLY BA ,
w
.
1 lltl _' •

1
\? 1.1 IBI

I1'N ?.
1/ l01 III1 S UL

lisp
UA

• {

b-.

\ Ull ILn
Itil t
11 taL

v UAL SALTERS
LIKE Q ILl tJ•1
1n?ne/
1
\ •:i•. 0
I>r.?
IIIL
V' IONS + ?
LAKE QI) Illi X.
?
4 \ LAW

•'t?; ?

111) \ ? :C.
i•,
loli , ? ? WN4 W
C36
?+? ??' IIH \ ,, III. Ay's r1
LAW .59'. L4
• bYrr?
VOWN L"M
33 Ut + 41
N Mr.w

Y Illl ..,, UIL
SLamETHTO
?. «c. ? /O.1Jl1
.K .LAM

IYm
1J?l. ? ? ItJI l? ?ti
taa
+P
IM, • II11
SINGL rARY
LAKE
i
C ta/ L.
PE,
07 o
v
t
1993
p fSAM WJ4r6, As
I •? y Ul?v+AJS
I?a?v . rJ??•v?
fa, 4 S a; f 1W
e _ s scs 1
c?K9c •i P,?ves 1 ?_•? 1?
1 s sA
a? 1 3sb ' o ???
4,2
M S rv ? Z.z -mot
A` ?~,c?,R"
Ad ?
? pr.P• ?• i ??D ? atv ?
To ,$ t r, ti-BCD ?`?c's9
10 1 ? ?p?y ?yir per"
t
t 14Ni'oo.* 1
? ?? S'''?' 'lea , /?•'F .-G? 1' `I
1
?\\ s 0,??
?` '

J/
P ropr OAP, ' 4'0'if,ty
. "I ?,-
\ \ ? R?? t ?? •?? ' / / b? /alb o?'''?1???
qI 4. 00
loll
,4t/
L4-
?"SI:, ?.?t17T"6?af •IWJ N-:-zr:P ?r•:...f^. ??!F:? "_, z.. .• 1 ? J _ _ ._ _. -.. ?...?. .. ....
Q
P?04A _. ?Y?'Qf 02
01?
' jet _, I, 41 .
r`?. tie .. ? • {, ? ?
(
1 i •- . CC
t 1 I c?
UUX ...iij •.,• I .
/ I PU6H ?. ' .
.'' Lake '
"Plate
• 36
AICA
0 , I
PF06F 5
---1137 AVO 40 !?
PueHX
. ` I i ? I ?RE1?
t . ?F01A a -
I
)1c rn
•1
's' ? • ? g ??vaN ?
?.` PF06F I
MIC
?T D3/1 6 60"_ _.?,
PFo1c ?' •. U.S.. DEPARTMENT OF THE INTERI
FISH AND WILDLIFE SERVICE

PF'O4/IB
Prepared by National Wetlands Inventory
L
Feet
5 000 10 001
1 2 3 Kip
Scale - 1:24000 T-eA
+f?? ?? •?. ?. „.a?i?:?' -rte 1 'l ?.. f? ,?•l?•.T
r?• YiV •r » ?.
p -a
1._.? :. ,. LaB M
Ud'
L e A -'1 RZ Le ice
y ti
Pay.; '"'} \? ?r=U ?JE S?D
r • .. . V+? e:...' . . • ? X13
cz Ws B.
?- SfD
Pa' R,0
e? ATE a k e
Pa.
LeA` 1 LY l -i?C1
Whit
• ....?,•??•`. •.?,,.' '` •?•` .Aril. '? A .1
II•I ? ?Jr?\ '? , ?
•_? ? "?"r_. 0.? ?.:'4.?• i•'?:?-e"?''`?;?:??.'S'%X,;,-?• ? -?!?rle„i•a? -.x;47'1. - ,?, r'• ., '\.
-dI
.. ? ter- -•r? :,r- ? \.?,,?. ?,. ? ?` ? -rM- ''W` ,••?.,• ?' JI ? •?i?.. '' -
-+?• •+?r- ? - Ill' -'? ?-+?•-?
?i
L
lo
601;'x"
-dI
J • /
\ -a - AYE- .
opt i s -??- 4VI WtL 2
Lak
66
-dip- ?W?• ?- \\ L., ?'
IZ-
%
-dI
lip
1Yl•.
47 2, ite
441-
A ake
ate., ? ?,?7 ? ? -+?- ?- it _ , •-?-?? <
???- '1 ? \\\- ?? ? %? \1?===== ?L_ ? ?- -.rte
7ftI
60-

16M
??IL -
JRP -,
+0 +-
d.f,
rf 4d
k? ., u'ti Pat N(t)lej
? ? kW Tai
wdull- Lzkcl?
?r r ?s
Pell-la?.e' aG.?.t tv?

-? tad,.e w Aa 4?
ca)-p u6v t?-
69,
CA
Ack- o'- dew ??
/'
U
bo-400VT
)6vj ej- ?t w 'k C-?k
YY16A
A?ff, 0 ?Otk-
<0n 5A
I .I?o ?,.DO.?M„?{- - Am,? 's9 yr 90. (lam S+Fo C'°
Avo
YES
m?jlrol-2,E?i?ncrm 1(yv
I vlo
44,
v
I ? '1
j I
i
U
G

1,
KJ
J
a v
C7
Lumberton Surgical Associates,
3001 North Elm Street
Lumberton, NC 28358-2984
DOUGLAS H. CLARK, M.D.,FACS (retired)
WARREN L. WILLIAMSON, M.D.,FACS
PETER L. VILLANI, M.D.,FACS
SAMUEL E. BRITT, M.D.,FACS
FREDRIK P. TOLIN, M.D.
April 13, 1994
N. C. Division of Environmental Management
P. O. Box 27687
Raleigh, North Carolina 27611-7687
Dear Sir:
r
Ps APR 1 8 1994
WLTL
- - WATT
TELEPHONE [phone]
FAX [phone]
We would like to strongly oppose the application of Keith &
Baldwin to fill in wetlands and build a lake on the Keith
property at White Lake. Being long time summer residents of
the Lake, in the vicinity of the Keiths, we have observed many
changes during the years: Filling in the "swamp side" by Tilden
Walker to form what is now Waterford and Turtle Cove, filling in
the wetlands on the eastern area for the camping-mobile home
region of Clearwater Beach, formation of a pond across the street
from the old Crystal Beach area and others.
The Keith property is the only remaining wetland adjacent to
White Lake and is the home for turtles, ducks, great blue herons
and other wildlife. Several years ago water moved freely to and
fro from White Lake to this wetland, depending on the rainfall.
Since sand has been illegally brought in to the lake front on the
property, this is no longer possible and resulted in the flooding
at Turtle Cove last year and the standing water by highway 701-
41. Subsequently, the owners filled in more 4rea than they had a
permit for. Are they now to be rewarded for their misdeeds by
allowing them to fill in more land and build a lake, thus further
altering the water table? What will you tell Turtle Cove
developers if they reapply with a similar request to one that was
denied several years ago? Where will the turtles find a log to
be seen on? Where will the mallard ducklings, pileated
woodpeckers, and great blue herons find a refuge?
"I pledge myself to pursue the practice of surgery with honesty and to place the welfare and the rights of my patient above all else. l promise
to deal with each patient as l would wish to be dealt with if / were in the patient's position. " --from the American College of Surgeons'
Fellowship Pledge
Page 2
White Lake is already crowded by people and boats during the
summer. We beg of you to limit further development and to
preserve the last remaining wetlands. We hope that this
application will be denied.
sincerely you s,
Caroryn Jordan Clark
Dougl s H. Clark, M. D.
c
DHC/mf
"/pledge myself to pursue the practice of surgery with honesty and to place the welfare and the rights of my patient above ell else. 1 promise
to deal with each patient as / would wish to be dealt with if / were In the patient's position. " --from the American College of Surgeons'
Fellowship Pledge
1,-?l 5 /Q4
1''V. John Dorsey
Environmental Nnnnrrement
lox W760 Weigh, NC
Dear Mr. Horsey:
Th i s is i n rpma rd to th" K PI 3W dw-i_n nronosal.
to dig a 4-acre lake bed and f-i1._l in 19 ,-acres of f 1 oodcd bay
wetland: in 31_-den CounLy r d iico rt to !hi t w lake
"i_t-hout cin imbrn close acquai_nUnce with the
Clean Ater Ict, I can speak from more than 50 years' obser-
vnti on of ' hi to lake. It in ,n R ha1 low lake which used to be
regarded as sl,ri_nq-Fed, with th adjacent swamnland w! lc:h added
ho the waLer volume in the aren and helped to ;;t ahi_lUc the
water level in the Take.
Tn recent yunrs, much of the sw
Yen filled in Cor development Ns residential
drv sen so"s the water level falls (ors much as
IS normal , on record) , hka ,,)Iona line of the
and vc,q-Kt,ion uprooted her "nw(w Opts =;dhe
to rot Nod stink.
qmp nren has
property. In
15 i ncha:s ae-
We recedes,
onto the shore,
'h-i_U Take bias had shout as much man-made de-
velopmnHt and mouse as it, can lake. In my opinion, one of the
petiti onern Cor the d i q-,sand.C! 1 1 permit n1_r envy is guilty or
environmPntal mi_smanagpment-, and nbusn, N yd has been humored
by regulatory agencies to ran extPut 7rent"r Lhan wnrrranted
by the circumstances.
T_n the public i ntr,r pqt, for rrotoc.t,i on of the
envlronracnt, of a great natural resource, it is urgently re-
quc:sted the t cprti fi.cnti on of Ws project be denied.
( rv truly,
( Jack Sh<ar1) Y
1015 Riverside 31vd.
Lumberton, HC 28358
' APR 191994
i aNE?f I_r'?i?'.?
J ,
April 16,1994 ! j APR 19 1994
., i
N.C. Division of Environmental Management
Post Office Box 27687
Raleigh, N.C. 27611-7687
Dear Environmental Management Officials:
X11 ,
I am writing in regard to the application filed by Thomas Keith and Larry Baldwin
of the Land Management Group in Wilmington to develop the area into residential sites
with access to White Lake.
Plans show the proposed excavation of a 4.1-acre lake in the center of the 29-acre
tract and the deposit of the spoil material over the remainder of the property.
I would llike to call to your attention that White Lake is one of the unique bay areas
in Southeastern North Carolina. It is a crystal clear, shallow body of water formerly fed by
springs, renewed by the water table regenerated by adjacent wetlands. The eco-system of
the lake is fragile and already suffering from overdevelopment. The Keith land is some of
the last remaining adjacent wetlands.
It is unfortunate that Mr. Keith filled in seven acres last year when he only was
given permission to fill two acres. It is a sad sight to see the dying trees and vegetation,
especially the wonderful old cypress trees. There seems to be little or no correction of this
so-called mistake.
I have been going to White Lake for over 50 years, and it is sad to see the
consequences of overdevelopment.
It is said that there has been some flooding in developments near Mr. Keith's land,
and there is water standing near the highway. This did not happen before Mr. Keith filled
in seven acres of lowlands. Needless to say, this standing water breeds mosquitoes and
has other undesirable effects.
There is no way the water can remain clear and environmentally desirable if Mr.
Keith is allowed to proceed with his plan to change the natural environment of White Lake,
which is one of the most beautiful and desirable natural resources in the world.
Thank you for your attention to this matter.
cc: Governor James Hunt
Head of the Department of Natural Resources
Congressman Charles Rose
Senator Lauch Faircloth
Senator David Parnell
Sincerely,
Helen S. Sharpe
1015 Riverside Blvd.
Lumberton, N.C. 28358
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Coastal Management
James B, Hunt, Jr., Governor
Jonathan B. Howes, Secretary
Roger N, Schecter, Director
April S, 1994
MEMORANDUM
TO: Mr. A. Preston Howard, P.E., Director
Division of Environmental Management
FROM: John R. Parker, Jr.
Inland `404' Coordinator
SUBJECT: `404' Project Review
ED F= F=1
The attached U. S. Army Corps of Engineers Public Notice for Action No. 199301539 dated
March 31, 1994 describing a proposed project by Mr. Thomas Keith 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 viewpoint on the proposed project and return
this form by April 29, 1994. 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.
.
1?1
Signed
Date
P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
March 30, 1994
IN REPLY REFER TO
Regulatory Branch I

Action ID No. 199401539

Mr. John Dorney APR 5 1994
.
Division of Environmental Management
North Carolina Department of
---. _...-„ .
"

Environment, Health and AIL
(Ll1iGi1;;
i;!
Natural Resources
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Dear Mr. Dorney:
Enclosed is the application of Thomas Keith for Depa rtment of the Army
authorization and a State Water Quality Certification to excavate a 4.1 acre
pond and to fill approximately 18 acres of wetlands adjac ent to White Lake.
Your receipt of this letter verifies your acceptance of a valid request for
certification in accordance with Section 325.2(b)(ii) of our administrative
regulations.
We are considering authorizing the proposed activity pursuant to Section
404 of the Clean Water Act, and we have determined that a water quality
certification is required under the provisions of Section 401 of the same law.
A Department of the Army permit will not be granted until the certification
has been obtained or waived.
In accordance with our administrative regulations, in most cases, 60 days
after receipt of a request for certification is a reasonable time for State
action. Therefore, if you have not acted on the request, or asked for an
extension of time, by April 28, 1994, the District Engineer will deem that
waiver has occurred.
Questions or comments may be addressed to Scott McLendon, Wilmington
Field Office, Regulatory Branch, telephone [phone].
Sincerely,
W.e Wrigh
egulatory Branch
Enclosure
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
Mr. Thomas Keith
c/o Mr. Larry Baldwin
Land Management Group, Inc.
Post Office Box 2522
Wilmington, North Carolina 28402
cad y

Tom Keith
& Associates, Inc.
BUSINESS & REAL ESTATE APPRAISERS
Tom J. Keith, MAI, ASA
John H. Ploeger
D. Keith McDonald
Derrieck E. Pool
J. Clayton Mauldin
D. Jeff Allen, MBA
Robert W. Dodge
RECEIVED
FEB 9 19"4
IEGUiATORY RNIC9
February 7, 1994
Dr. G. Wayne Wright
Chief, Regulatory Branch
Department of the Army
Wilmington District, Corps of Engineers
PO Box 1890
Wilmington, NC 28402-1890
RE: White Lake Application.
Dear Dr. Wright:
121 S. Cool Spring Street
Fayetteville, NC 28301
[phone]
Fax [phone]
Fred R. Keith, LLD 1970-1988
I have enclosed an application for dredge and fill for 18.5 acres at White Lake, NC.
I believe this application addresses the issues and concerns of the other agencies. You will
note that I have not requested any offsite drainage which seems to present a problem in the
previous applications.
If I can furnish any additional information, please advise.
Sincerely,
Tom Keith

DEM III: ACTION ID:
Nationwide Permit Requested (Provide Nationwide Permit ft
JOINT FORM FOR
Nationwide-permits that require notification to the Corps of Engineers
Nationwide permits that require application for Section 401 certification
WILMINGTON DISTRICT ENGINEER
bEPA??? OF ARMY
P.O. Box 1890
Wilmington, NC 28402-1890
ATTN: CESAW-CO-E
Telephone [phone]
WATER QUALITY PLANNING
DIVISION OF ENVIRONMENTAL MANAGEMENT
NC DEPARTMENT OF ENVIRONMENT, HEALTH,
P . Boy 29 r REVsQURCES pSCEAN15)
Raleigh, NC 27626-0535 _ 9 jn(.J,
ATTN: MR SOHN DORNEY ?Eg
Tel hone [phone]
-4
ep
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO TI? IIvEERS.
SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT.
PLEASE PRINT.
1. Owners Name: ''1'o ry? J IC-F_ l r14
2. Owners Address: 12-1 5 • Coo 5 A 2I a c. 5 7-, F4!1 4+1 t'P- ?t c-LF_ "C- zt' 3 0/
3. Owners Phone Number (Home): 9 IQ - `?? 3 - V 7Y o (Work); q IB - 3 Z-? - 3 zz-z
4. If Applicable: Agent's name or responsible corporate official, address, phone number.
5. Location of work (MUST ATTACH MAP). County: P-31 1- a• n E.--%
Nearest Town or City: W t_ YA- VC- F C
Specific Location (Include road numbers, landmarks, etc.): V S 7b 1
6. Name of Closest Stream/River. CA ?? F¢- r? 2 i y r' St?o
7. River Basin: c?A E 1<e A4L IZ V e r
8. Is this project located in a watershed classified as Trout, SA, HQW, ORW, WS I, or WS II? YES [ ] NO K
9. Have any Section 404 permits been previously requested for use on this property? YES [) NO L4
If yes, explain.
10. Estimated total number of acres of waters of the U.S., including wetlands, located on project site:
11. Number of acres of waters of the U.S., including wetlands, impacted by the proposed project:
Filled: - 6 -?Z• <,z 1 ;1 Drained:

Flooded
Excavated:
Total Impacted:
12. Desctiption of proposed work (Attach PLANS-8 1R" X 11' drawings only):.
13. Purpose of proposed work: "D Ey_ E-R P - cw'rs' - 26' S t oa wr ??? S crs s w
A C- "s -? w a?'C.?s • t w ?? %r¢ t.r? tits ,
14. State reasons why the applicant believes that this activity must be carried out in wetlands. Also, note measures.
taken to minimize wetland impacts. ?S o o'1-?v +-?v R 2aa ie. ?-?g L? - J AfCA1 15
A n., a c6 •.? ?- Td c?.?..riRS 00 4aAl isr 440eo
15. You are required to contact the U.S. Fish and Wildlife Service (USFWS) and/or National Marine Fisheries Service
(NMFS) regarding the presence or any Federally listed orproposed for listing endangered or threatened species or critical habitat in the permit area that may be affected by the proposed project. Have you done so? YES [ ] NO
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
16. You are required to contact the State Historic Preservation Officer (SHPO) regarding the presence of histo '
properties in the permit area which may be affected by the proposed project? Have you done so? YES [ ) NO []
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. Additional information required by DEM: -
A. Wetland delineatiot'i ap showing all wetlands, streams, and lakes onffie property.
B. If available, representative photograph of wetlands b be impacted by project.
C. If delineation was performed by a consultant, include all data sheets relevant to the placement of the
delineation line.
D. If a stormwater management plan is.required for this project, attach copy.
E. What is land use of surrounding property? 2 e4 10 rL -r- ?-
F If applicable, what is proposed method of sewage disposal? 0,--4
Owner's Signature Date

?
Q cd
?
?n
V )
N

0 ?
O CC)
N ?O

> i

w .?

w C-
O cV
c-

t}3?_ 9
o oo -
\o c?

a> U] (\! tel.
ll ^ a U] •r1
A CL
O •rl O i'
Q Pa
40
•

U O r-A
O

c
d
?. Y
Pi r
W
rn
?i
m
a?
p
H
z
()
N
Ib
co
W
J
b
O
F-+
.A
J
O
N
Ul
\
0

z
H wz
n
O
n7 ttxj 'b H
U1 z ''i7 y
13

U O
o
M b O

li

H H ? b

O

H
13 O C
C C ?.o
trj
(n
CZ C7
id

H 1
,
i
0
O
rn bby
y
0 O
M A

Z M C
y
t7j ?
O C)
~j ?d O

z 1
la - 17a J 1 -
A LM tat ? tt'7o'-
? ( tat
IR:
E
MO1?"D1
utLL tat CYPRESS CREEK BAY
?
,\ ? ? le'i' •1
ter tLLn
r
Ie0
III[ Nti ?k'• •
•
f lat till ?• Im
IIM
• `7 1911111 ?f ? ? ? is :.
Igo
,, f
ow ? ..
lm lool, list
BIG COLLY BAY \
? Itu =1
1 r.l ItU ? 710
t
md tni
1. lm /„t
7 Z lae
Lai Ito SMRTf?MD
.0 ?+ ' • ??
IOI 111t un
At la!
v
LIM SALTERS Q \ • EI
LIKE W, 1 uw
- , i
luertejIs
?J 1,3
V+• MN? ? ` \ qtr 06
L.I K?. O ` 1711'x!, • ,
IiY
• `\ BAY 7
i u
•';i: ,• 171)
wmm 1.6,
list Igo 06
Tvw?r.r.e At
,a, \ S u ?e VAM MA
u Us , t 11 V 1N/fLTt' p. eN
.-s,
./ M ` IIII LAKL?
UIL
1? > k
_ E11?6ETHTOW
I ow. Los I
'4'' •>. WOW NS
„
7v . • s
SINCLLTARY
11+177 / LIKE
t+ Lai
1 f !
1? ! 1l1! d I1? • \) l
? 1 tLS ?r t ?
•
J 77
um pF
t
, , • Ile1 ""'? ,,,. _
1401
t..j C.. Oak
al tow
V 5 _?
1993
fl?tnGM?T6/? As
ACCA
,VPAI - wJ?1?(+?w14 y Ul .CV All
1 ?c?t? . isrw? /'1d'J ?, S e i m Iw
c+?r9t •s p.0lei
E o ?1
M 5 r Z ,?
dNO
ti ?QI?6 A
4. Au AwACt 0, T? i re.??oott?l
?? ^d cty
,l To 9 t r.64,Co rv a, l M. L" , per"?
1 1 N iii.
1 Nw? ?.i0 it in - ' 1
00,
? \ r Poo
?,
OFF
00
J /
2?ran5 ? 4ol
TG'?`?°= .E'6"ry fir/A? / ?•
I -
P?04A
rn PIJUX .
• _ i 701 You"
r? ? ? ? v Q
Whi
Lake
i
PFobF
PUBHx ---- - - -- 3837
I
f PFOIA d i
,40IC
?FO1F \
MIN
PF06F i
1/3% f
. y
? I
M1C QFO1C?',
/h
c `• ?s i
if.
Pf01C • ?'''• U.S. DEPARTMENT OF THE INTERIOR
?F04-/Ig ?N FISH AND WILDLIFE SERVICE
Prepared by National wetlands inventory
5 000
T.r.???? Imo.
Cr'
,
Pa
Pa
Ci?'?$C
ep` ?
? r
LeA- i
1
Scale - 1:24000
J.
• -,, W.
L
2

Lagn 1-Y'1. a rY
w U d r L
+., LeA. -? 'r i q-1 Le co ?
" FV
J
. N
k+

it
Feet
10 000
3 Kilo
We.ers
L
J LeA
LeA „U
d
Ar
Iv
I
-tom CO %J
SID
White
5/A
ATE a k e
L

'IW 90 NO1 N! I D
L 'b SOVONSSOHO :711089 A &0l 4J/H rw ,l >1n1 dHt/WO1
:? =* I I IW q(' NC)SN/ u L L"
!w I µ I > -IN ft mV7 zLIHM)
60
4a (0
Piz!
^il ^ (
N
I )AI
.4? y II ,t
if '
I I o
14 4
r ca
I
14 r li ' Q6 I
A 1.
?; v
rv\? 41-
I I ?I,," ? ? ? I?I 1 11 I ?'? ? ?I i •? ?, f ,?
r
41
lie
CO L
' O
' h ? I I ? off D?r,,• ? ? 0 , a , l - ?/, ? ` ? ? ?.
q -''`' ,
r
1 17
1 } '? II vJ •el 0 0 \
\ . V. all
\?? ?' , I ? I ? s ? ? ? ?• ,111 I .. ? ? / ?. ?
/ \ ' •• •\
N •
I )1iIv,
1': YEP?WT FO;J P ?.rt r )T')vii r•!!??;" I?')?.i;?,
r•,1,?. pe i,
1 )11T1"' . `?? `11-oy
t .': r } i '. ' }+F, A )•,,?:11ril1';Jl l ?'!'1 ( 1'I,' t•l !.'i )u ! ;(-d +' 7? i 1' I' !, i ? ' ?+'!t . , I:
To H 1 I?t1?,M 1'Ll _ )? ' ,J ,.. _P+?'. I ?,
I T •!rP : 1) 4 '.1_111,M 1 1
.> ! )'IAN'r' NAM?: `T'11OMA:-'1 1C!,1'1T' f
°.??+ ? +!, ,.,?,, ,rrYl?L': I='1 ; 1:h)F?C•1'I'? A1? !'l
tt:030&
i`.!i_): !1)1(!':) 11i
'Wilt I I'll)
Via! )! IN? ' -
'?rJl._E?_T?;t?1)L;;='TF;L): -f rZ??Z Ac.R?-s
,! I ?)}? I?. ! tt) : ?g. (5 IRA Tab 7-X2 .93)
P C'L'l (:P''I'To N' : 'Y
ti'IITI)_:A'1I)?ON- ? IY1S:
It
?pjj. (40

WA'I'EI? IMPAt "11,J) ''; f' l 1J.'.': Y
Fn 11I'1 (1,r T I "N lily 1=IE :

'`1D YG1: 1 1?;'ffTr;_`! ICI !•'I; IiIE'°)"'' . !I
I: WHTIAN1) 1?ATI- CTS; ,`.1Hl:II' A'I"I'A1` 1, 1?!
RE,("OMMEN1)A`1' 1 f:fl f r _i r c 1 )I?;I"Y
)'11V[1 hd'1',
Red :i-r •?1-.? 1 Or r J - -?
U1o at, 7
FR.? APR ? 7 IPy/l
t
l

PREL I M I NARY 4 04 WETLANDS MAP OF THE
TOM KE I TH TRACT (--- 2 S _ 6 Ac )
AS TO CURRENT F I LL & NON-F I 1-LEI) AREAS
WHITE LAKE - BLADEN COUNTY - NORTH CAROLINA
41
G• VI ON
'ro " KwY 41 Turn-Off--
,0 `O? &?• 0 O0O?p oea 0? 0oo0
?IG °000° 0 °o° o° ° 0 OO ° e
$ • ° . o° o
V• O ° ? 0 . 4-
Vol 53
4.,,o
lell1
s'Ire,
d?.
rr
?pondl
SCALE: 1 Inch = 200 FqFmE? t
(Wetland Lines Approx)
MARCH - 1994
+,
oB o 00
DISTURBED NATURAL UPLAND AREAS (~1.0 Acres)
° oo °o 0
uooo° Flagged with "pink/black-striped" ribbon.
+ 4- +4
t t t +,? \ r?
f ++t
ttt+4
fti It
t
14
t t
tit
t 4-
t
N
Se
00
?w
rr7.7 1_1 .1
OLD HISTORIC (<1985) FILL. ACTIVITY BEFORE 404 JURISDICTION.
Flagged with "pink/black-striped" ribbon. (-3.0 Acres)
ttt
f + '-'PREVIOUS 4/16/92 NWP-#26 FILL (-2.6 Acres).
-t + fi
- NON-PERMITTED FILL IN 404 WETLANDS IN PROCESS OF RESTORATION (^•3.5 Acres).
OLD HISTORIC (<1985) ROAD FILL. ACTIVITY BEFOR
e - EXISTING MAN-MADE POND
(~0.3 Acres).
- UNDISTURBED 404 WETLANDS (-17.1 Acres).
28.6 Acres Total.
E 404 JURISDICTION (~1.1 Acres).
?0. CFq`
coacs
1.. F. BALOWNJ
.:: CERil 6 PROFESS1ONk i '
-vJL SCIR(rray/ "";2
i
Land Maingf8m fan t Group . I rice
PRELIMINARY 404 WETLANDS MAP OF THE
TOM KE I TH TRACT (^-2 8 . 6 Ac )
AS TO CURRENT F I LL & NON-F7 I L1-ED AREAS
WHITE LAKE - BLADEN COUNTY - NORTH CAROLINA
al
HIONY Turn-off`" Q 41 ?IwA? 10l & 11•C' o oe N0o °ooooo°'
U5,
°oeo°o°p Oeoo so eo' JD
oo .01Oe O LlJ 1A`?1 vll`% v'
V0 53 + n/ 11
P°ndl s
r.
I r ++? or
+tt+f rn r ?I Z?-I
F?fs \ i i i + ++
t }?-?1if i
-f t
} + -t- h
t t 4- tit ,- do ge A () ?( 5 1
SCF.LE Inch = \
200 Fc-aot
(Wetland Lines Approx)
MARCH - 1994 1
n _ II/
oe o DISTURBED NATURAL UPLAND AREAS (^•1.0 Acres)
noo Flagged with "pink/black-striped" ribbon.
.'' OLD HISTORIC (<1985) FILL. ACTIVITY BEFORE 404 JURISDICTION.
Flagged with "pink/black-striped" ribbon. ("3.0 Acres)
t 1- t ?.! fem..
it + PREVIOUS 4/16/92 NWP-1126 FILL (•-2.6 Acres).
- NON-PERMITTED FILL IN 404 WETLANDS IN PROCESS OF RESTORATION (-3.5 Acres).
e- OLD HISTORIC (<1985) ROAD FILL. ACTIVITY BEFORE 404 JURISDICTION (-1.1
Acros). '
EXISTING MAN-MADE POND (-0.3 Acres). E*ac FIFO
UNDISTURBED 404 WETLANDS (-17.1 Acres). :.,°?'.
L.F. snlnww i
28.6 Acres Total. cnt teo anoresslosAL
? 'OIL SCICMISi/ :.y
CLASSIFiEn
Exp
I..flrl(j MPik riL,e3m4ubri L G rouL> I r,?
;- N.C. DEFT. OF ENVIRONMENT, HEALTH
AND NATURAL RESOURCES
P.O.'Box 27687
Ralcigh, N.C. 27611
TELECGP Y TO:
FAX NUMBER:
FROM.,
N
INIO. OF PAGES LNCLUDJNG THIS SKEET:
Environmental Sciences Eranch
FAX [phone]

HONE:
??
C;)?
COH3 ENITS:
State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
A. Preston Howard, Jr., P.E., Director
April 29, 199
Mr. & Mrs. Douglas H. Clark
Lumberton Surgical Associates, P.A.
3001 North Elm Street
Lumberton, North Carolina 28358-2984
Dear Mr. & Mrs. Clark:
A XF05AWAA
g4*7*
IE) F= F1
U [?[ 0d n
MAY 4 994
WETLANDS L;k?JUP
WATER QLbOTY `'?
Thank you for sharing your concerns about Keid
wetlands and build a lake on property at White Lake.
Management considered many of the points you raisea as part of its review of the project.
The Division's Water Quality Section has completed a review of the plans for wetlands
fill for 22 acres at White Lake in Bladen County for pond and residential development.
Based upon this review, we have identified significant uses which would be removed by
the project. These uses include water storage, pollutant removal, wildlife habitat and
aquatic life habitat.
Furthermore, we found insufficient evidence to conclude that the project must be built
in wetlands. Therefore, we are moving toward denial of certification to fill wetlands as part
of this project. Until we receive additional information which causes us to change this
opinion, we are requesting that the U.S. Army Corps of Engineers and/or the Division of
Coastal Management place the project on administrative hold.
If you have any questions about this project, please feel free to contact John Dorney in
our Water Quality Section at [phone].
Sincer,
,
A. Preston Howard, Jr.
APH:dgr
cc: Fayetteville Regional Office
Jllft,Dmey, DEM-WQ
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
RECEIVED
NORTH CAROLINA FEB a 1995
State Museum of Natural Sciences ENVIRONMENTAL SCIENCES
FOUNDED 1 879 PRA N10H
30 January 1995
MEMO
TO: John Dorney, DEM/DEHNR
FROM: Alvin Braswell, N.C. State Museum of Nat:. Sci.
SUBJECT: Evaluation of Keith property in Bladen County.
The wetlands part of the property I visited on 29 December 1994 with
you, Cheri Smith, Karen Lynch, and Marshall Wyatt should, in my opinion, be
described as a cypress--qum swamp Or as a rlonriverine swamp forest as
defined by SChafale and Wedkley (1990, Classification of the Natural
Communities of. N.C., Third Approximation). Some pocosin-like vegetation
occurs around the margins of the swamp, but the dominant vegetation and
hydrology of the site is not what you would find in a pocosin. There was
evidence that Bald Cypress was once a dominant tree on the site. Water
levels appeared to be about: Normal for the winter and spring seasons based
on the growth form of the vegetation and the location of mosses on the base
of trees.
Little amphibian or reptile activity was observed on this trip as one
would expect given the season and weather conditions. However, the, site
appeared to be a relatively high quality wetland that should support a
diverse herpetofauna. The average pH of the site was relatively low (about:
1.5 = DEM data, early Jan 1995), but still within the suitable range for
most amphibian species inhabiting the region. Approximately 47 amphibian
and reptile species likely occur on the site during the course of a normal
year (See attached list). Several other species that occur in Bladed
County could be found on the site, but the probability of their occurrence
is less than those listed. Amphibians observed on this brief visit
included the Southern Cricket Frog (Acris gryllus) and the Southern Toad
f3uto terrestris Also, several individuals of the Mud Minnow Umbra
py maea) were seen. Several bird species were seen during my visit, and
mammal signs were common. A sizable wildlife population appears to use the
site. A detailed, site-specific: analysis would require field survey work
over the course of a year or more to determine the majority of species
using the site.
Conversion of the site by filling the wetlands would certainly impact
negatively on the wildlife resources of the site and the surrounding areas,
and would also impact negatively on the physical functioning of a
relatively high quality swamp forest. Development activities would be
predicted to alter the structure of wildlife and plant communities and
cause reduced numbers of individuals and species for most forms currently
using the site.
Betsy Bennett, Director
Bicentennial Plaza P.O. Box 29555 Raleigh, North Carolina 27626 FAX [phone] [phone]
A Division of the North Carolina DeparUnenl of 1'.nviIonrnent, I lea It It, and Natural Resources
Amphibian and Reptile species likely to he found on the Keith property
visited on 29 December 1999 by A.L. BraswelI, et., al.:
AMPHIBIANS:
Siren intermedia (Lesser Siren)
Amphiuma means (Amphiuma)
Not-o hthalmus viridescens Eastern Newt
Desmoc?nathus auriculatus (Southern Dusky Salamander)
Stereochilus marginatus (Many-lined Salamander)
Plethodon chiorobryonis (Atlantic Coast Slimy Salamander)
--------- --
Eurycea cirric?era (Southern Two-lined Salamander)
Eurycea quadridigitata (Dwarf :salamander)
Bufo t:errestris (Southern 'road)
Acris yllus (Southern Cricket Frog)
Hyla cirrerea (Green Treefrog)
Hyla chr ssoscelis (Cope's Gray Treefrog)
P3eudacris Crucifer (Spring Peeper)
Pseudacris_nigrita (Southern Chorus Frog)
- - - -- ------
Gastro hr-ne carolinensis (Eastern Narrowmouth Toad
Rana catesbeiana (Bullfrog)
Rana clam_itans (Green Frog)
Rana 2alust.r-is (Pickerel Frog)
Rana utricularia (Southern Leopard Frog)
Rana virgatiRes (Carpenter Frog)
REPTILES:
Chelydra serpentine (Common Snapping Turtle)
Kinosternon_ba_urii (Striped Mud Turtle)
Sternotherus odoratus (Common Musk Turtle)
Clemmys_ guttata (Spotted Turtle)
Deirochelys_reticularia (Chicken Turtle)
Pseudemys concinna (Cooter)
----------
Tracheas scripta (Yellowbelly Slider)
Anolis_c_arolinensis (Carolina Anole)
Eumeces inex ectatus S.E. Five-lined Skink
Eumeces la_ticeps (Broadhead Skink)
,,cincella lateralis ((;round Skink)
Cnemidophorus sexlineatus (Six-lined Racerunner)
Carphophis - amoenus (Worm Snake)
Coluber cons_tric_tor (Black Racer)
Diadophi-s punctatus (Ringneck Snake)
E1aphe--obsoleta (Rat Snake)
Farancia abacura (Mud Snake)
Heterodon ?latirhinos (Eastern Hognose Snake)
Lampropeltis getula (Eastern Kingsnake)
Nerodia erythrogaster (Redbelly Water Snake)
Nerodia fasciata (Banded Water Snake)
Opheodrys aestivus (Rough Green Snake)
Semirlatrix pygaea paludis (Carolina Swamp Snake)
Stor-eria dekayi (Brown Snake)
'rhamno his sirtalis Eastern Garter Snake
Agkistrodon contortrix (Copperhead)
Ackistrodon iscivorus Cottonmouth
MEMO f -?
DATE:
TO: SUBJECT:
k
Vk
4)
Vim' Q
64
(a ((-ed 10'. 1

t?

k,
-T(r" yo'-- {- n
VV-() CA
,a. a STATE a
3 North Carolina Department of Environment
?y Pd
Health, and Natural Resources
nted on Recycled Paper
??? Wnrs vda

-60
M6
tom- -?r- = -- - -dip- - -

7Z
L/

5 000
1
Scale - 1:24000

pa
J^

o

2
Feet
1000(
3 Kii,
1^°.er
------ ----- Time
WHILE YOU WERE OUT
EA CODE NUMBER
EXTENSION
ED PLEASE CALL
S EE YOU WILL CALL AGAIN
> EE YOU URGENT
RETURNED YOUR CALL
vo -r,
`1 3:z3 '32 z_
Signed
vironment, health, `andtNJ-11 -11"W
?? Printed-R.-,]......,..

PTD
A
'UUX ;
.z
Z i ,
PU6
Hx
)IC
??1F
IB
J
)Olt ?l g?BHz Qz
• l - _ oQ
f •I
c V
I 1 . 0..

?• bit, r•
Lake '
I
;tnrr. 3B I
TL/y*f a 4.4eW
PEMI _ P?ObF . rwowS
3837
?? I i .9REj¢
PF01A d - i
- I rn I
UUI N I
I
PF06F !
I
1?q c.
?FOIC QF01C• ? • - .
PF03/IB
?: Y • /.
U.S•. DEPARTMENT OF THE INTERIOR
-FISH AND WILDLIFE SERVICE
• `?
Prepared by National Wetlands inventory
r•
S Cf
1\1
? T'I Co
1
/993 t
all
fiG?? 1
vsrrjVAr67 AS
1 p'r'o. ?- _ - _ m•?p N o
Sy scs 1
1 P? Q•f dD 1 .
14
4i(LA MUAI o e 41 1?
1 l ?f ,cRxe p P,d. Pcty? Qn?vtousU11
1 Pr+?P•
:1 ` To ,g t r, ccco a. t ?... ?-*.ut 1 Pe
o pow S?,i? fir 1
1 A-0.9-C S•?" O `? L: 1 F? w? 1
t"Io /r,6
top
0
top
Ff?,P /
lie
4e/ z
f / I 1xm
Lot CYPRESS CREEK SAY
uit
vrf
•` ua
LM r•
low
"Is
t tart LUL tm
1 /r1
• If0
two Lin
lift , 1 E
IoM `' ..
son BIG COLLY RAY\
r,
1 i ni r
f. L
? L
r.r rfu to
I `!
S lal r tit.
rts. ?• '. 1/ Ia yi
o w 1 f0 y(!f?!S
j t]fL ••f•1? POND
r>v \ tnt un
a t tat
.
v
:• 13it SALTERS
LAKE ? 1JY \ un ? ` EI
10
I some
?J ,r>
ION b.0.4 06 LLLL
LAN
QAY
1wr .. \ ? ? Mlr/ {r+
?'` • • loot \ A uu 06
loot '?' u ?• wwtl wa
13 UK I'a 12 Wh=
.V 1»
•? } 1111 ULLL
aaA&ETHTOW
LAN
1? ? LDCx
\ V 1
? x.
r '
SINCLETAURE
r.

7
+
cwt
rr
.f .?
Inn
I
un D
l 1
it"
P
it
P?,
-3-
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 the preparation of
an Environmental Assessment and/or an 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.
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 April
25, 1994.
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 April 18, 1994, Attention: Mr. John Dorney.
Written comments pertinent to the proposed work, as outlined above, will be
received in this office, Attention: Scott McLendon, until 4:15 p.m., April 29,
1994, or telephone [phone].

-2-
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 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
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, based on available information, is not aware that
the proposed activity will 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 and flood
plain values (in accordance with Executive Order 11988), 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.

19g
41ANA(;?d9, OJT
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890
Action ID. 199401539
March 31, 1994
PUBLIC NOTICE
MR. THOMAS KEITH, c/o MR. LARRY BALDWIN, LAND MANAGEMENT GROUP, INC., Post
Office Box 2522, Wilmington, North Carolina 28402, has applied for a Department
of the Army Permit (DA) TO CONSTRUCT A 4.1 ACRE LAKE AND TO FILL APPROXIMATELY
18 ACRES OF FLOODED BAY FOREST WETLAND ADJACENT TO White Lake, Bladen County,
North Carolina.
The following description of work is taken from information provided by the
applicant and from observations made during on-site inspections by
representatives of the U.S. Army Corps of Engineers. Plans submitted with the
application show the proposed excavation of a 4.1 acre lake in the center of the
29 acre tract and the deposition of the resultant spoil material over the
remainder of the property. All excavated and spoil areas are jurisdictional
wetlands. If necessary, the applicant proposes to utilize an off-site borrow
area for additional fill material. The applicant also states that all surface
drainage will be into the proposed lake and that no off-site drainage will
occur. It is expected that the vegetative community will be removed through
this action. Adverse impacts to waters and wetlands of the United States
associated with this project total approximately 22 acres.
Currently, the area contains standing water at depth of +/- 1.5 feet that
has encroached upon the Highway 701 right-of-way and adjacent filled areas in
the Turtle Cove subdivision. The wetland area is typical of a Bay Forest with
the dominant plant community consisting of Gordonia lasianthus (loblolly bay),
N ssa aquati?ca L. (tupelo gum), Acer rubrum (recmap e)and Pinus taeda
(loblolly pine). Understory vegetation is dense and is compose primarily of
L onia lucida (fetterbush), Ilex coriacea (gallberry), and C rilla racemiflora
(t1t1).___TTe_entire site has' een mappecT_by the Soil Conservation service as
containing Pamlico muck (North Carolina hydric soil).
Hydrology of the area appears to be dependant on seasonal precipitation and
concomitant lake levels. According to available information, including aerial
photography, the Bladen County soil survey, and USGS 7.5' Quadrangles, the
wetlands were contiguous with White Lake proper; however, recent and historical
filling on this property has removed this surface water connection and movement
of water to and from the site is apparently through subsurface flow and
precipitation. The problem with standing water has likely been aggravated over
the past year due to above normal rainfall in the area. The applicant further
states that at one time the area he proposes to fill and the adjacent properties
were drained through a series of ditches through the neighboring subdivision.
Based on available information, the area the applicant proposes to fill
represents the only unfragmented and otherwise reasonably undisturbed wetland
remaining on White Lake.
The stated purpose of the proposed work is to develop the area into
residential sites with access to the waters of White Lake. Plans showing the
work are included with this public notice.
A similar proposal to fill and landscape the property was considered under
Public Notice 199300498 dated May 27, 1993.

9-91r"a- _Iftaln??_wy 5"oll

.dl Allice .9%x. 2522
??cGncim?lim, ./Ya!/a ?4m &m 28402
3c? 9,19-452-0001
?. ?iuu? ?ieout
DATE: APRIL 20, 1994
APR 2 7 1994

.?ui(e 74
.Y805 ?X?u?/c?o+H,//c .,rlrmxc
°Wc/rici,ylmc, M 28403
SUBJECT: RESPONSE TO ARMY CORPS 03/31/94 LETTER CONCERNING
ACTION I.D. #199401539 AS TO AVOIDANCE-MINIMIZATION-
MITIGATION WITHIN 404 WETLANDS OF THE TOM KEITH TRACT
("'28.6 Acres) FOR A 4.1 ACRE LAKE AND 18.5 ACRES FILL.
TRACT LOCATED ON THE NORTH SIDE OF WHITE LAKE & SOUTH
OF U.S. HWY 701/N.C. HWY 41, BLADEN COUNTY, N.C.
TO: MR. SCOTT McLENDON
MR. WAYNE WRIGHT &
REGULA'T'ORY BRANCH
ARMY CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NC 28402-1890
[phone]
MR. TOM KEITH
121 S. COOL SPRING STREET
FAYETTEVILLE, NC 28301
[phone]
THIS IS IN RESPONSE TO THE ARMY CORPS' REQUEST TO ADDRESS AVOID-
ANCE, MINIMIZATION, AND/OR MITIGATION (DA/EPA MOA 2/6/90) ISSUES
AS THEY RELATE TO THE TOM KEITH INDIVIDUAL 404 PERMIT APPLICATION
(ID #199401539) FOR A 4.1 ACRE LAKE AND 18.5 ACRES FILL WITHIN
404 WETLANDS.
THE TOM KEITH TRACT IS -28.6 ACRES IN TOTAL SIZE AND HAS BEEN
OWNED BY THIS FAMILY SINCE THE 1940'S. UNDER CURRENT 404 REGULA-
TIONS "24.6 ACRES ("86%) OF THIS TRACT ARE CLASSIFIED AS ISOLATED
JURISDICTIONAL WETLANDS. PRIOR TO 1985, NONE OF THIS TRACT WOULD
HAVE BEEN CLASSIFIED AS JURISDICTIONAL WETLANDS OR SUBJECT TO
PERMITTING RESTRICTIONS, AS THESE REGULATIONS APPLIED ONLY TO
ADJACENT AND BELOW HEADWATERS 404 WETLANDS. PRIOR TO 1978,
WETLANDS WERE ONLY REGULATED WITHIN OR ALONG NAVIGABLE INTERSTATE
WATERS.
THUS, THE TOM KEITH TRACT HAS BEEN REGULATED BY 404 WETLAND
REGULATIONS FOR ONLY "8 Yrs OUT OF "50 Yrs OF PRIVATE OWNERSHIP.
THE OWNER DESIRES TO DEVELOPE THIS TRACT IN ORDER TO REALIZE AN
ECONOMIC RETURN ON THIS LONG-TERM INVESTMENT. THE TRACT IS ONE
OF THE FEW UNDEVELOPED, WATERFRONT TRACTS ALONG WHITE LAKE, WHICH
HAS A STRONG MARKET POTENTIAL FOR SALES.
THE PERMIT APPLICATION REQUESTS TO BUILD A 4.1 ACRE LAKE IN THE
CENTRAL PORTION AND ESSENTIALLY FILLING THE BALANCE OF THE TRACT
PAGE 2.
TOM KEITH, INDIVIDUAL 404 PERMIT
WITH 1.8.5 ACRES OF CLEAN FILL. THE 404 WETLANDS TO BE FILLED ARE
OF TYPICAL POCOSIN VARIETY THAT ARE COMMONLY FOUND THROUGHOUT
THE SOUTHEASTERN COASTAL PLAINS. THE WETLAND IS VEGETATED WITH
COMMON POCOSIN VEGETATIVE SPECIES AND HYDRIC SOILS AS STATED
WITHIN THE PUBLIC NOTICE. THERE APPEARS TO BE NO SPECIAL OR
SIGNIFICANT QUALITIES TO THESE WETLANDS EXCEPT THEY OCCUR NEXT TO
THE LAKE. WE AGREE WITH THE PUBLIC NOTICE THAT THE LAKE RE-
CHARGES/DISCHARGES PRINCIPALLY THROUGH RAINFALL AND EVAPORATIONAL
EVENTS. THUS, THESE WETLANDS PLAY NO SIGNIFICANT ROLE AS TO THE
LAKE'S HYDROLOGY DESPITE THEIR PROXIMITY TO IT.
AVOIDANCE:
THE TRACT HAS "86% JURISDICTIONAL 404 WETLANDS. WITH THIS EX-
PANSE OF WETLANDS THERE ARE NO FEASIBLE ALTERNATIVES AS TO AVOID-
ING THESE AREAS.
MINIMIZATION:
IN ORDER TO REALIZE THE TRACT'S FULL POTENTIAL VALUE IT IS NECES-
SARY TO FILL 18.5 ACRES TO ALLOW SUFFICIENT LOT DIMENSIONS FOR
LOT LAYOUTS FROM BOTH SIDES OF THE TRACT. THE 4.1 ACRE LAKE
PLANNED IN THE CENTRAL PORTION IS FOR PRODUCING DREDGE SPOILS FOR
FILLING THE 18.5 ACRES, DRAINAGE RUN-OFF CONTROL, AND AESTHETICS.
IT COULD BE POSSIBLE TO CONVERT THIS AREA INTO A CYPRESS/TUPELO
LAKE WITH INUNDATED WETLAND FUNCTIONS CONSERVED IN ORDER TO
MINIMIZE IMPACTS TO THIS AREA.
MITIGATION:
THERE WILL •BE A LOSS OF THE 18.5 ACRE WETLANDS TO BE FILLED, EVEN
THOUGH SIGNIFICANT WETLAND VALUES AND LOSSES ARE QUESTIONABLE.
IF REQUIRED FOR ISSUANCE OF THE INDIVIDUAL 404 PERMIT, MITIGATION
WILL BE COMPLETED BY CONVERTING OFF-SITE PRIOR-CONVERTED WETLANDS
OR OFF-SITE UPLANDS TO WETLANDS. CONSIDERING THE POCOSIN WETLAND
TYPE WE FEEL A 1:1 RATIO IS APPROPRIATE FOR THE FILL WITHIN THE
18.5 ACRE WETLANDS AREA. THE 4.1 ACRE LAKE WILL CONTINUE TO
FUNCTION AS AN INUNDATED 404 WETLANDS WITH CYPRESS/TUPELO CON-
SERVED AT "5-8 TREES/ACRE. THE LAKE AREA WILL HAVE WETLAND
FUNCTIONS/VALUES OF RUN-OFF DETENTION AND POLLUTENT REMOVAL,
AQUATICS VEGETATION, AQUATICS WILDLIFE, BIRD SANCTUARY, FISHER-
IES, AND UNCONFINED AQUIFER/LAKE RECHARGE. WE FEEL THIS 4.1 ACRE
OF WETLANDS DISTURBANCE FOR THE LAKE SHOULD NOT BE MITIGATED AS
WETLAND VALUES WILL BE ACCENTED AND NOT REMOVED.
WE WILL BE GLAD TO DISCUSS ANY SUGGGESTIONS OR RECOMMENDA'T'IONS
YOUR AGENCY MAY HAVE REGARDING MINIMIZATION/MITIGATION FOR THIS
NECESSARY PERMIT ON THIS PROJECT.
LARR F. BALDWIN, CPSS/SC
c:c Mr Jahn Dorney, NCDFH&NR

V, ono &aG
At 61#m .pi a; 2522
?YoWA W mi,w 28402
?el 919-451-0001
.Y.(U.bl? aT. GJG
9('
DATE: APRIL 15, 1994

yw& 94
.7805 %4uylelo'dk .,A..
'k,6nim9lrm.. r 2X40.7
SUBJECT: 404 WETLANDS REEVALUATION WITH THE ARMY CORPS OF ENGI-
NEERS OF THE TOM KEITH TRACT ("28.6 Acres) FOR NATURAL
UPLAND AREAS, EXEMPT HISTORIC FILL AREAS, PERMITTED
FILL AREAS, AND OVER-FILL NON-PERMITTED AREAS. TRACT
LOCATED ON THE NORTH SIDE OF WHITE LAKE & SOUTH OF U.S.
HWY 701/N.C. HWY 41, BLADEN COUNTY, NORTH CAROLINA.
TO: MR. SCOTT McLENDON
MR. ERNIE JAHNKE &
REGULATORY BRANCH
ARMY CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NC 28402-1890
[phone]
MR. TOM KEITH
121 S. COOL SPRING STREET
FAYETTEVILLE, NC 28301
[phone]
OUR FIRM MET WITH THE ARMY CORPS OF ENGINEERS REPRESENTATIVE MR.
ERNIE JAHNKE ON 04/12/94 IN ORDER TO: (1) CONFIRM THE CURRENT
404 WETLANDS STATUS; (2) AGREE UPON HISTORIC VS RECENT FILL
ACTIVITIES WITHIN 404 WETLAND AREAS; (3) DETERMINE EXTENT OF
PERMITTED/NON-PERMITTED FILL ACTIVITIES, AND (4) DETERMINE RESTO-
RATION EFFORTS/PROGRESS WITHIN NON-PERMITTED FILL AREAS.
THE ENCLOSED PRELIMINARY WETLANDS MAP SHOWS THE REVISED AND/OR
AGREED UPON DELINEATIONS FOUND WITHIN THE TOM KEITH TRACT AS TO
404 WETLANDS, UPLANDS, HISTORIC FILL, AND PERMITTED/NON-PERMITTED
FILL AREAS WITHIN 404 WETLANDS. THE FOLLOWING ARE DESCRIPTIONS
OF THE VARIOUS LAND CLASSIFICATIONS:
THE "oooooo" AREAS ("1.0 Acres; See Map) ARE NATURAL UPLAND AREAS
THAT WERE AGREED UPON WITH THE ARMY CORPS AND SHOULD NOT BE CLAS-
SIFIED AS 404 WETLANDS. THESE AREAS HAVE NON-HYDRIC SOILS OF
MANDARIN, CENTENARY, AND LEON-DRY PHASE. THESE AREAS HAVE BEEN
RECENTLY CLEARED AND SURFACES DISTURBED IN THE PROCESS. THESE
AREAS ARE DELINEATED IN THE FIELD WITH "Pink/Black-Striped" FLAG-
GING.
THE AREAS ("3.0 Acres; See Map) ARE HISTORIC, SANDY-
FILL, UPLAND AREAS THAT WERE AGREED UPON WITH THE ARMY CORPS.
THESE AREAS WERE FILLED AND ESTABLISHED PRIOR TO 1985, BEFORE 404
WETLAND JURISDICTION WAS EXTENDED TO THESE AREAS. THESE AREAS
PAGE 2.
TOM KEITH TRACT, 404 WETLANDS
ARE. DELINEATED IN THE FIELD WITH "Pink/Black-Striped" FLAGGING.
THE "WHITE/----" AREAS ("1.5 Acres; See Map) ARE HISTORIC FILL
ROADS ALONG THE TRACT'S EAST & WEST PERIMETER FROM U.S. HWY 701
TO WHITE LAKE, AND ALSO AN OLD WOODS ROAD ACROSS THE NORTHERN
PORTION OF THE TRACT (-0.4 of above "1.5 Acs). THESE FILL ROADS
WERE ESTABLISHED PRIOR TO 1985, BEFORE 404 WETLANDS JURISDICTION
WAS EXTENDED TO THESE AREAS WHICH WAS AGREED UPON WITH THE ARMY
CORPS. THE PERIMETER ROADS AVERAGE 18-22 Ft IN WIDTH. THE OLD
WOODS ROAD HISTORIC FILL IS "15 Ft IN WIDTH, IS FLAGGED WITH
"Pink/Black-Striped" FLAGGING WITHIN THE EASTERN DISTURBED AREA
OF THE TRACT, AND WAS AGREED UPON WITH THE ARMY CORPS.
THE "++++++" AREAS ("2.6 Acres; See Map) ARE RECENTLY FILLED
PERMITTED AREAS OVER 404 WETLANDS. THESE AREAS WERE FILLED UNDER
FULL COMPLIANCE WITH ARMY CORPS/EPA NWP# 26 PREDISCHARGE NOTICE
PERMIT DATED 5/17/90. THESE 404 WETLANDS HAVE BEEN DEFINED AS
ISOLATED WETLANDS BY THE ARMY CORPS. THIS 2.6 ACRE AREA IS
RECOGNIZED BY THE ARMY CORPS TO BE FILLED IN FULL COMPLIANCE.
THE "+/+/+/+/" AREAS (-3.3 Acres); See Map) ARE RECENTLY FILLED
NON-PERMITTED AREAS OVER 404 WETLANDS. THESE AREAS WERE FILLED
IN ERROR AS PART OF THE 5/17/90 NWP #26 PERMIT. THESE AREAS ARE
BEING RESTORED BACK TO THEIR NATURAL CONTOUR ELEVATIONS. AS OF
4/12/94 "1.8 ACRES ("55%) OF THIS AREA HAS BEEN RESTORED WHICH
LEAVES A BALANCE OF "1.5 ACRES MORE TO BE COMPLETED. THERE HAS
BEEN SOME CONFUSION AS TO THE TOTAL AMOUNT OF AREA TO BE RESTORED
BUT IT WAS AGREED UPON WITH THE ARMY CORPS THE RECENT FILL WITHIN
THE NORTHERN AREA TO THE UPLANDS LINE AND EXCLUSIVE OF THE OLD
WOODS ROAD WOULD NEED RESTORATION BACK TO NATURAL CONTOUR ELEVA-
TIONS WHICH IS "1.5 ACRES. IT WAS DISCUSSED WITH THE CORPS IF
THIS FILL COULD REMAIN IN PLACE UNTIL THE CURRENT INDIVIDUAL 404
PERMIT FILL APPLICATION HAD BEEN PROCESSED IN ORDER TO REDUCE
FURTHER SITE DISTURBANCES AND REPETITION. THE ARMY CORPS EX-
PLAINED THIS HAS ALREADY BEEN REVIEWED AND DENIED FOR "AFTER-THE-
FACT" PERMIT PROCESSING IN THEIR 02/18/94 LETTER. THUS, THE "1.5
ACRE OF NON-PERMITTED FILL WITH THE NORTHERN SECTION MUST BE
REMOVED AND RESTORED BACK TO ORIGINAL ELEVATIONAL CONTOURS.
THE "+#+#+#+#+" AREAS ("1.8 Acres; See Map) PREVIOUSLY FILLED,
NON-PERMITTED 404 WETLANDS THAT HAVE BEEN RESTORED AS OF
04/12/94. THIS AREA WAS MEASURED AND CONFIRMED WITH THE ARMY
CORPS TO ESTABLISH THE TOTAL RESTORED ACREAGE.
THE "(Pond)" AREA ("0.3 Acres; See Map) IS A HISTORIC MAN-MADE
POND WITHIN CURRENTLY DEFINED 404 WETLANDS. THIS POND WAS ESTAB-
LISHED PRIOR TO 1985, BEFORE 404 WETLANDS JURISDICTION WAS EX-
TENDED TO THESE AREAS. THE POND HAS ACCLIMATED WITH AQUATIC
SPECIES AND FUNCTIONS AS 404 WETLANDS AND THUS WOULD BE DEFINED
AS SUCH.
PAGE 3.
TOM KEITH TRACT, 404 WETLANDS
THE AREAS (-17.1 Acres; See Map) ARE NATURAL, UNDIS-
TURBED 404 WETLANDS. THESE AREAS HAVE HYDRIC SOILS OF LEON-WET
PHASE, LYNN-HAVEN, CROATAN, AND PAMLICO. PRIMARY HYDRIC VEGETA-
TIVE INDICATORS ARE BLACK TUPELO, BLACK GUM, POND CYPRESS, BALD
CYPRESS, POND PINE, SWAMP RED MAPLE, TITI, LOBLOLLY BAY, FETTER-
BUSH, SWEET GALLBERRY, ROYAL FERN, AND NETTED CHAIN FERN. THESE
AREAS COME UNDER ARMY CORPS/ EPA/NCDEH&NR JURISDICTIONS AND RE-
QUIRE PERMITS BEFORE ANY MASSIVE DISTURBANCE OR FILL ACTIVITIES
ARE INITIATED. THESE 404 WETLANDS HAVE BEEN PREVIOUSLY DEFINED
AS "ISOLATED" BY THE ARMY CORPS.
AS TO DATE, THE JURISDICTIONAL VS NON-JURISDICTIONAL 404 WETLAND
AREAS, AND THE PERMITTED VS NON-PERMITTED FILL AREAS HAVE BEEN
ESTABLISHED WITH THE ARMY CORPS. THE PRINCIPAL CONCERN WAS TO
DEFINE THE TOTAL 404 WETLAND AREAS THAT NEED TO BE RESTORED,
WHICH IS -1.5 ACRES WITHIN THE NORTHERN SECTION OF THE TRACT AND
IS EXCLUSIVE OF THE DELINEATED OLD WOODS ROAD. THE ARMY CORPS
WILL NOT COMPLETE THE CURRENT INDIVIDUAL 404 PERMIT (#199401539)
APPLICATION FOR 18.5 ACRES OF FILL, UNTIL THE RESTORATION IS COM-
PLETED WITHIN THE NON-PERMITTED AREAS. AFTER THIS IS COMPLIED
WITH, WE CAN HOPEFULLY ATTAIN USAGE OF YOUR TRACT PENDING APPROV-
AL, OF THE INDIVIDUAL 404 PERMIT.
LARRY F. BALDWIN
CPSS/SC #2183
cc Mt-. Jahn Dorney, NCDEH<&NR

--?, u I ` vino s 0 I- ua luarXXI pq puTe. • 1
S%IV %
/1SJ1N91?S Tt^,s"
?v ? TVNOISS3dOdd 031d11yy'? \`\
Waive
• d {nw AAi
- ?4t tio
0 ?%?! .
(9013V 8-1ti) WZi/k d0 SV SQNV'I•LdM tot QHHOISHU --
.TEIO.L saIOV 9.8Z
•(sa13V I'Ll-) SaNV'I• 21A t06 uHgHrLSI(INfl -
•(sa1oV g-0-) QNOd dQVW-NVW ONI•LSIXd -'
.d
?A
*("'3V I' I-) NOI,LOIQSIUflf tot -980MI AIIAI.LOV - '111d QV08 (5861>) oisO• SOIH a'IO - ..now go-mo
•(sa13V f•g-) NOIIVHO.LS3H d0 SdO0Hd NId SUNV'I13A tot NI 'TIId Qd.L.LIW?Idd--NON -
• (sa1oV 9'Z•--) I'IId 9Z#-dMN Z6/91/t SOIAR Sd .- ?? -
(sa1oV 0-g-) •uoggTl {6PadTlls-XouTq/3juTd P029ETd
'NOI.LOIQSI21IIf t0i+ 3HOd3S AIIAI•LOV 'TIId (986i>) OI2IO.LSIH a'IO
4?
l 10
ro4?
a"0
N
-?'+-f4
+++4+-
+ P ?. + -I-
k ?-?-'
-uoggil {PadT1Is-3i3UTq/HuTd{{ 14ITM Pa22eTd O 0000
,10
(sa13V 0-1-) SV-9HV QNH`Idfl 'IV?If1LVN QggdrasIQ " oo ° o
°OC?o

(V661 `Zi 'II?IdV QdSIAHM)
V66I - HO?IVW
(XO1ddV sauTI pueTIOM)
?aa3 00Z = Lieu I T = a- -ivos

rP
sr?v?
`,puod)
?*
?
O Q ? 00 000000
O p ° OOOp p°0 0 90°00
00 v 900 O ° 0 O tal T?
°ooa o°O 99 0 ° ?d
110. 01. `0
L? Atli O? •'J'?
VNI'IO?IVO HISON - AINIIOO NdQV'IH - dxV'I HIIHM
Sv212iv Q21'1'1I3-Nc3rI v -VI I3 JLNazl2iflD OZ Sid
( Dv 9 ' S Z--- ) LDVZIS HZ 12131 tidOs
21HZ 30 dvhi SQrItT'IZ21M ib O V AI2IVri I Yd I 'I212Id
PREL I M I NARY 4 04 WETLANDS MAP OF THE
TOM KE I TH TRACT (^-2 S - 6 Ac )
AS TO CURRENT F ILL & NON-F I LLEI) AREAS
WHITE LAKE - BLADEN COUNTY - NORTH CAROLINA
o $3
s?.
r?
d1
r?
Y l?l
?.0• ??G?WA C KNY
N 41
°°° oe°°o °•
G N-j Io, ° 00
1'?Z o°ao° ; °oo 0 0 0° ?' o°O°o
cJ' , e p o
V • o?p0 0 ? ? ° ° 1 .l•-
.To 1yG
?Vondl

SCALE: 1 Inch = 200 Fc342it
(Wetland Lines Approx)
MARCH - 1994
(REVISED APRIL 12, 1994)
r -
0 0o c °
DISTURBED NATURAL UPLAND AREAS H-0 Acres)
uoo°oo Flagged with "pink/black-striped" ribbon.
t + + o.
? r
t fi tt 0
t-fittt
N
°°00

;I,'•'1' OLD HISTORIC (<1985) FILL. ACTIVITY BEFORE 404 JURIS
Flagged with "pink/black-striped," ribbon. DICTION. (-3,0 Acres)
+ -t- t
+t - PREVIOUS 4/16/92 NWP-#26 FILL (--•2.6 Acres).
- NON-PERMITTED FILL IN 404 WETLANDS IN PROCESS OF RESTORATION (-3.3 Acres).
AS OF 4/12/94 ^-1.5 Acres MORE TO BE RESTORED
OLD HISTORIC (<1985) ROAD FILL. ACTIVITY BEFORE 404 JURISDICTION H-1 Acres).
OLD WOODS ROAD -15 Ft Wide (-0.4 Acres)
- EXISTING MAN-MADE POND (-0.3 Acres).
- UNDISTURBED 404 WETLANDS (-17.1 Acres).
28.6 Acres Total.
-- RESTORED 404 WETLANDS AS OF 4/12/94 (-1.8 Acres)
. v-pf CERT-
.' '
colors
An,
1 - F. BALOW01 ''A
?: \\ C, UFfFO PROFESSIONAL 1 '
"IL SClslfrrSri 4/
?`?,,? CLASSIFIER
i
Land Mant-_4E2?mt3ntCr«up. 1 nc-
ri l 16 1994
N.C. Division of Environmental Management
Post Office Box 27687 APR I S 1994
Raleigh, N.C. 276 1 1-7687
WATE€ lIT"Y
Dear Environmental Management Officials:
I am writing in regard to the application tlltkd by Thomas Keith and Larry Baldwin
of the Land Management Group in Wilmington to develop the area into residential sites
with access to White Lake.
Plans show the proposed excavation of a 4.1-acre lake in the center of the 29-acre
tract and the deposit of the spoil material over the remainder of the property.
I would llike to call to your attention that White Lake is one of the unique bay areas
in Southeastern North Carolina. It is a crystal clear, shallow body of water formerly fed by
springs, renewed by the water table regenerated by adjacent wetlands. The eco-system of
the lake is fragile and already suffering from overdevelopment. The Keith land is some of
the last remaining adjacent wetlands.
It is unfortunate that Mr. Keith filled in seven acres last year when he only was
given permission to fill two acres. It is a sad sight to see the dying trees and vegetation,
especially the wonderful old cypress trees. There seems to be little or no correction of this
so-called mistake.
I have been going to White Lake for over 50 years, and it is sad to see the
consequences of overdevelopment.
It is said that there has been some flooding in developments near Mr. Keith's land,
and there is water standing near the highway. This did not happen before Mr. Keith filled
in seven acres of lowlands. Needless to say, this standing water breeds mosquitoes and
has other undesirable effects.
There is no way the water can remain clear and environmentally desirable if Mr.
Keith is allowed to proceed with his plan to change the natural environment of White Lake,
which is one of the most beautiful and desirable natural resources in the world.
Thank you for your attention to this matter.
Sincerely,
Helen S. Sharpe
1015 Riverside Blvd.
Lumberton, N.C. 28358
cc: Governor James Hunt
Head of the Department of Natural Resources
Congressman Charles Rose
Senator Lauch Faircloth
Senator David Parnell
II III
f 4 Ql
'U 4d)
??1 ice?
CV
iD
Ci
C;
L(1, -)
M
n)
U
C,
Ci
U1
r-? •rl
ctS r-I
n1 r
clS C ? r?
O r,
0c)
C:
O ,c^
r ,
[1S -1 N
F)a:15rI
> +? cl

H. Zack Smith, D.D.S., M.S., P.A.
American Association cif
Diplomate of the American Board of Orthodontics
April 18, 1994
Mr. John Dorsey
N.C. Department of Environmental Management
P.O. Box 27687
Raleigh, NC 27611-7687
Dear Mr. Dorsey,
a
IF?APR ?>>
p p 1994
wt:rL -,N0, ,.
I am a property owner at White Lake, NC and my property is 8
piers from the White Lake Marina.
I have been made aware of Mr. Tom Keith's intention to develop
his piece of property next to the marina for houses.
His property is lower than White Lake and I always felt it was
wet lands until Tom started hauling dirt into the area. He was
quoted as saying his reason was to beautify the property but
obviously it was to turn a dollar.
I view this development as a serious problem to the entire area
of White Lake. I feel it will cause flooding problems and damage
the wildlife that lives in that area. I have been told that Mr.
Keith has already caused problems for the Turtle Cove development
with his initial development.
Thank you very much for listening to me and I wish you well in
your job which I know must be difficult!
Sincerely,
rc ?H. Z3 Smith, DDS, MS
HZS:lp
573 Executive Place Fayetteville, N.C. 28305 9101323-5821
State of North Carolina
Department of Environment,
Health and Natural Resources
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary
August 25, 1994
LT1.9;VA
ID FE F=1

2 91994
Dr. G. Wayne Wright
Corps of Engineers
P. O. Box 1890
Wilmington, NC 28402
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 and Action ID. 199401539 dated March 31, 1994
which describes a project proposal by Mr. Thomas Keith represented by the Land Management
Group, Inc. of Wilmington. The project, involving the excavation of a 4 acre lake and filling
of some 18 acres of adjacent wetland is located adjacent White Lake in Bladen County.
During the course of the review of this slightly modified version of a 1993 project
review, three key state agencies objected to the project for a second time. These objections
include the August 8, 1994 denial of the required Section 401 Water Quality Certification by the
Division of Environmental Management.
The Wildlife Resources Commission and the Natural Heritage Program of the Division
of Parks and Recreation objected to the project due to the importance of these riparian wetlands
to the water quality of White Lake and value of this wetland block in general. Both agencies
also referred to their 1993 objections.
This viewpoint position fully supports the agency input and recommends permit denial.
P. O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/] 0% post-consumer paper
Dr. G. Wayne Wright
Page 2
August 24, 1994
Should you require additional input from the state on this matter, do not hesitate to
contact this office or the cooperating agencies.
Very sincerely,
Jo CIR-. Parker, Jr.
Inland '404 Coordinator
JRP: jr/aw
cc: Wildlife Resources Commission
Division of Environmental Management
Division of Parks & Recreation
MEMO
DATE: ?S
r
r 4r5
TO: SUBJECT: &W?
N
JP-V;w
Pn jv-? 0, ? t
Sam a
?
y0j coy-
I c
O ?
,? p I
a?
qoov\ V\ s+
V -,, tL O s
saw ??-
?I
V
From:
UL 28 1994
WATER QUALITY
North Carolina Department of Eh9twment
T ?. Health, and Natural Resources Printed on Recycled Paper
?•rrY Worn M*'? a

State of North Carolina
Department of Environment,
Health and Natural Resources
Division of Environmental Management
James B, Hunt, Jr., Governor
Jonathan B, Howes, Secretary
A. Preston Howard, Jr., P.E., Director
Certified Mail
Return Receipt Requested
LT." F
mom
?EHNR
11 g iqq?

Mr. Tom Keith
121 South Cool Springs Street
Fayetteville, N.C. 28301
Dear Mr. Keith:
Subject: Denial of request for 401 Water Quality Certification
DEM # 94310, COE # 199401539
Bladen County
Your application for a Water Quality Certification under
Section 401 of the Federal Clean Water Act was received by the
Division on 30 May 1994, with supplemental information dated 25
May 1994. The activity for which the Certification is sought is
to fill or excavate about 22 acres of wetlands for pond and
residential development. A water Quality Certification is a
determination by the Division that the activity for which the
federal permit or license is sought is not expected to result in
a violation of state water quality standards for the waters of
the state.
After a thorough, on-site inspection of your property, my
staff has determined that existing uses are present in the
wetlands for which you have requested a certification. These
uses include water storage, pollutant removal, and aquatic life
habitat. As provided by 15A NCAC 2B .0109, the 404(b)(1)
Guidelines are used as guidance in determining if a proposed
project will remove the existing uses of a wetland. In
accordance with these guidelines the Division has determined that
the subject project is not water dependent and that you have not
demonstrated that practicable alternatives to the proposed
project cannot be constructed in an upland area. Due to these
findings, I have determined that the subject project would result
in a violation of 15A NCAC 2B .0201(b). Therefore, in accordance
with 15A NCAC 2H .0504(e), I have determined that the 401 Water
Quality Certification for this project shall be denied.
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
i
Mr., Keith
Page 2
If this denial is unacceptable to you, you have the right to
an adjudicatory hearing upon written request within thirty (30)
days following receipt of this denial. This request must be in
the form of a written petition conforming to Chapter 150B of the
North Carolina General Statutes and filed with the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, NC 27611-7447.
Unless such demands are made, this denial shall be final and
binding. Finally, we are available to further discuss
modification to your proposal which would answer our objections
and allow issuance of a 401 Certification.
If you have any questions concerning thi8 denial, please
contact Mr. John Dorney in the Water Quality Planning Branch of
this Division at [phone].
Sincerely,
A. Preston Howard, Jr. P.E.
94310.den
cc: Fayetteville DEM Regional Office
U.S. Army Corps of Engineers Wilmington Office
U.S. Army Corps of Engineers Wilmington Field Office
John Parker
John Dorney
Central Files
Larry Baldwin; Land Management Group

411
C
r
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
February 18, 1994 I'Vr f, ;,;
IN REPLY REFER TO n 1117 t
Regulatory Branch
r ,)
ACTION ID 199300498
Mr. Tom Keith
121 South Cool Spring Street
Fayetteville, NC 28301
Dear Mr. Keith:
Please reference your February 7, 1994, telephone conversation with
Mr. Ernest Jahnke of my regulatory staff and Mr. Jahnke's subsequent onsite visit
on February 8, 1994, at your property, located on the northwest edge of White
Lake, off U.S. Highway 701, in Bladen County, North Carolina. Accompanying
Mr. Jahnke was Mrs. Marta Boris, also of my regulatory staff.
Mr. Jahnke and Ms. Boris confirmed that your contractor, Mr. William Mote,
had initiated action to remove approximately 4.6 acres of unauthorized fill
material (including an estimated 57810 square feet of fill material located
adjacent to and parallel to US 701) from the jurisdictional wetland area with a
front end loader. This material was subsequential placed into a dump truck and
was being deposited within the fill area previously authorized by your Department
of the Army (DA) Nationwide No. 26 permit. An estimated 5,000 square feet of the
adversely effected wetland had been returned to original elevation contour since
commencement on February 3, 1994. Mr. Jahnke advised Mr. Mote that the completed
work is satisfactory and that he should continue to remove the unauthorized
material to the same elevation throughout the unauthorized fill area.
As Mr. Jahnke stated during your telephone conversation, we expect all
unauthorized fill to be removed and the affected area restored to original
wetland elevation by March 7, 1994 (within 30 days of your discussion). We are
concerned that this deadline will not be met using the front end loader and the
dump truck. Larger equipment, such as a backhoe and a bulldozer would be more
efficient and increase the likelihood of meeting the March 7 deadline.
We are in receipt of your application to excavate and fill approximately
18.5 acres of wetlands on the subject property to develop residential lots. The
Public Notice initiating our public interest review of this proposal will be
issued by the end of February. Processing of this request for a DA permit has no
bearing on the restoration work presently being accomplished in conjunction with
the violation of your previous permit conditions. All restoration work must
continue and be completed within the time constraints discussed above.
Thank you for your cooperation in resolving this matter. However, you are
cautioned that, barring unforeseen circumstances, failure to complete the work
within the specified time period may result in this matter being referred to the
U.S. Attorney for appropriate legal resolution.
If you have any questions please contact Mr. Scott McLendon at telephone
[phone] or Mr. Jahnke at [phone].
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch

-2-
Copies Furnished:
Ms. Carolyn Lane
Route 2, Box 396
White Lake, North Carolina 28336
United States Attorney
Eastern District of North Carolina
Post Office Box 26897
Raleigh, North Carolina 27611-7687
Mr. Thomas Welborn, Chief
U.S. Environmental Protection
Agency - Region IV
Wetlands Regulatory Unit
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Regional Director
National Marine Fisheries Services,
NOAA
Duval Building
9450 Koger Boulevard
Saint Petersburg, Florida 33702
Mr. John Parker
Division of Coastal Management
NCDHENR
Post Office Box 27687
Raleigh, North Carolina 27611-7687
State Property Office
North Carolina Department of
Administration
116 West Jones Street
Raleigh, North Carolina 27611
Ms. L.K. (Mike) Gantt
U.S. Fish & Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
John Dorney
Water Quality Section
Division of Environmental Management
NCDHENR
Post Office Box 29535
Raleigh, North Carolina 27626-0535
Mr. Dennis Stewart
NCWRC
Habitat Conservation
Protection Leader
Post Office Box 118
Northside, North Carolina 27564
?IU:tG '94 15: 16 'jH4 FUl
Anct r?l•; ? `^r.??'. , w 1+-?-...,?,
dal e Jgox 252.2 J
L""' 1994
284,02
l 910-43;
Z.
Post-It brand fax transmittal memo 7671 N o1 pagee 0,
F JQ2t C
Co. Co.
?{? 5/?y/??? .i1?I.H.io?. Dept. g? Phone N
Fa; Q (! 7 ?!_ 3 Fox 4
DATE: MAY 25, 1994
SUBJECT: RESPONSE TO NCDEH&NR-WATER QUALTTY-WETLANDS SECTION
LETTER (04/19/94) CONCERNING ACTION PROJECT #9431U; COE
#199401539 AS TO AVOIDANCE-MINIMIZATION-MITIGATION
WITHIN 404 WETLANDS OF THE TOM KEITH TRACT ('28.6
Acres) FOR A 4.1 ACRE LAKE AND 18.5 ACRES FILL. TRACT
LOCATED ON THE NORTH SIDE OF WHITE LAKE & SOUTH OF U.S.
HWV 701/N.C. HWY 41, BLADEN COUNTY, N.C.
TO: MR. JOHN DORNEY MR. TOM KEITH
NCDEH&NR, WETLANDS 121 SOUTH COOL SPRING STREET
P.O. BOX 29535 FAYETTEVILLE, NC 28301
RALEIGH, NC 27626-0535 [phone]
(919) 733-508
THIS IS IN RESPONSE TO THE NCDEH&.NR'S WETLANDS SECTION CONCERNS
AS TO ADDRESS AVOIDANCE, MINIMIZATI.ON, AND/OR MITIGATION ISSUES
RELATING TO THE TOM KEITH INDIVIDUAL 404/401 PERMIT APPLICATION
VOR A 4.1 ACRE LAKE AND 18.5 A FILL WITHIN 404 WETLANDS.
THE TOM KEITH TRACT IS `28.6 ACRES IN TOTAL SIZE AND HAS BEEN
OWNED BY THIS FAMILY SINGE THE 1940'3. UNDER CURRENT 404 REGULA-
TIONS `24 .6 ACRES ( `86%) OF THIS TRACI' IS CLASSIFIED AS
ISOLATED/ABOVE HEADWATERS JURISDICTIONAL WETLANDS. PRIOR TO
1985, NONE OF THIS TRACT WOULD HAVE BEEN CLASSIFIED AS JURISDIC-
'T'IONAL WETLANDS OR SUBJECT TO PERMI'T'TING RESTRICTIONS, AS THESE
REGULATIONS APPLIED ONLY TO ADJACENT AND BELOW IjjZAkWATERS 404
WETLANDS. PRIOR TO 1978, WETLANDS WERE ONLY RRGULATED WITHIN OR
ALONG NAVIGABLE INTERSTATE WATERS.
THUS, THE TOM KEITH TRACT HAS BEEN REGULATED BY 404 WETLAND
REGULATTONS FOR ONLY -8 Yrs OUT OF `50 Yrs OF PRIVATE OWNERSHIP.
THF. OWNER DESIRES TO DEVELOPF, THIS TRACT IN ORDER TO REALIZE AN
ECONOMIC RETURN ON THIS LONG-TERM INVESTMENT. THE TRACT IS ONE
OF THE FEW UNDEVELOPED, WATERFRONT TRACTS ALONG WHITE LAKE, WHICH
HAS A STRONG MARKET POTENTIAL FOR SALES.
`T'HE PERMIT APPLICATION REQUESTS TO BUILD A 4.1 ACRE LAKE IN THE
CENTRAL PORTION AND ESSEN'T'IALLY FILLING THE BALANCE OF THE TRACT
WITH 18.5 ACRES OF CLEAN FILL. THE 404 WETLANDS TO BE FILLED ARE
01a TYPICAL, POCOSIN VARIETY THAT ARE COMMONLY FOUND THROUGHOUT
THE SOUTHEAS'T'ERN COASTAL PLAINS. THE WETLAND IS VEGETATED WITH
JUf IJ_ '94 15:17
PAGE 2.
TOM KEITH, INDIVIDUAL 404/401. PERMIT
84 rU
COMMON POCOSIN VEGETATIVE SPECIES AND HYDRIC SOILS AS S'T'ATED
WITHIN THE PERMIT APPLICATION AND PUBLIC NO'T'ICE. THERE APPEARS
TO BE NO SPECIAL OR SIGNIFICAN'T' QUALITIES TO THESE WETLANDS
EXCEPT THEY OCCUR NEXT TO THE LAKE. WE AGEt.EE WITH THE PUBLIC
NO'T'ICE THAT THE, LAKE RECHARGES/DISCHARGES PRINCIPALLY THROUGH
RAINFALL, AND EVAPORATIONAL EVENTS, NOT THROUGH GROUNDWATER RE-
CHARGE. THUS, THESE. WETLANDS DO NOT HAVE A SIGNIFICANT FUNCTION
AS TO THE LAKE'S HYDROLOGY DESPITE: THEIR PROXIMITY TO IT.
AVOIDANCE:
THE, TRACT HAS "86% JURISDICTIONAL 404 WETLANDS. WITH THIS EX-
PANSE OF WETLANDS THERR ARE NO FEASIBLE ALTERNATIVES AS TO AVOID-
ING THESE AREAS AND REALIZE.. ANY SIGNIFICANT ECONOMIC POTENTIAL,.
MINIMIZATION:
IN ORDER TO REALIZE THE TRACT'S FULL POTENTIAL VALUE IT IS NECES-
SARY TO FILL 18.5 ACRES TO ALLOW SUFFICIENT LOT DIMENSIONS FOR
1,01' LAYOUTS FROM BOTH SIDES OF THE 'T'RACT. THE. 4.1 ACRE LAKE
PLANNED IN THE CENTRAL PORTION IS FOR PRODUCING DREDGE. SPOILS FOR
FILLING THE 1E3,b ACRES, DRAINAGE RUN-OFF CON'T'ROL, AND AESTHETICS.
IT COULD BE POSSIBLE TO CONVERT THIS AREA INTO A CYPRESS/TUPELO
LAKE WITH INUNDATED WETLAND FUNCTIONS CONSERVED IN ORDER TO
MLNIMIZE IMPACTS TO THIS AREA.
MITIGATION:
THERE WILT, BE A LOSS OF THE 18.5 ACRE WETLANDS TO BE FILLED, EVEN
'T'HOUGH SIGNIFICANT WETLAND VALUES AND LOSSES ARE QUESTIONABLE.
IF REQUIRED FOR ISSUANCE OF THE INDIVIDUAL 404 PERMIT, MITIGATION
WILL BE COMPLETED BY CONVERTING OFF-SITE PRIOR-CONVERTED WETLANDS
OR OFF--SITE UPLANDS TO WETLANDS. CONSIDERING THE POCOSIN WETLAND
TYPE WE FEEL A 1:1 RATIO IS APPROPRIATE FOR THE FILL WITHIN THE
18.5 ACRE WETLANDS AREA. THE 4.1 ACRE LAKE WILL CONTINUE TO
FUNCTION AS AN INUNDATED 404 WETLANDS WITH CYPRESS/TUPELO CON-
SERVED AT -5-8 TREES/ACRE. THE LAKE, AREA WILL HAVE WETLAND
FUNCTIONS/VALUES OF RUN-OFF DETENTION AND POLLUTENT REMOVAL,
AQUATICS VECETATION, AQUATICS WILDLTFE, BIRD SANCTUARY, FISHER-
IES, AND UNCONFINED AQUIFER/LAK.E RECHARGE. WE FEEL THIS 4.1 ACRE
OF WETLANDS DISTURBANCE: FOR THE LAKE SHOULD NOT BE MITIGATED AS
WETLAND VALUES WILL BE ACCENTED AND NOT REMOVED.
THE MAJOR DIFFERENCES BETWEEN THIS APPLICATION AND THE PRIOR
A13PLICATION OF 06/02/93 ARE: (1) ALL WATERS WILL BE DIRECTED TO
AND DETAINED WITHIN THE INUNDATED LAKE: AREA TO PROVIDE SEDIMENT &
ANY POLLUTANT REMOVAL; (2) THESE WATERS WILL PROVIDE GROUNDWATER
RECHARGE & STORAGE; (3) THIS IS STRICTLY A FILL REQUEST WITH NO
DRAINAGE TO OUTLETS; (4) THE 4.1 Ac LAKE AND WETLANDS EDGE WILL
PROVIDE MULTIPLE. AQUATIC WILDLIFE AND WETLAND BENEFITS.
WE WILL BE GLAD TO DISCUSS ANY SUGGGESTIONS OR RECOMMENDA'T'IONS
YOUR AGENCY MAY HAVE REGARDING MINIMIZATION/MITIGATION FOR THIS
NECESSARY PERMIT ON THIS PROJECT.
L AR,R'r? F .
(,c Mr. I:en Aver i Lte, NCDf_H&NRl Fayetteville
C)) SJ/.rc
E3ALGWIN 0 CP ??/?C 2103
State of North Carolina
Department of Environment,
Health and Natural Resources AT441i" •
Division of Environmental Management
MOOR
James B. Hunt, Governor p E H N F?
Jonathan B. Howes, Secretory
A, Preston Howard, Jr., P.E„ Director
April 19, 1994
Mr. Thomas Keith
121 S. Cool Spring St.
Fayetteville, N.C. 28301
Project # 94310, COE # 199401539
Dear Mr. Keith
The Division of Environmental Management, Water Quality Section has
reviewed your plans for wetland fill for 22 acres of wetlands at White Lake in
Bladen County for pond and residential development. Based on this review, we
have identified significant uses which would be removed by this project.
These uses are water storage, pollutant removal, wildlife habitat and aquatic
life habitat. Furthermore, insufficient evidence is present in our files to
conclude that your project must be built as planned in wetlands. Therefore,
we are moving toward denial of your 401 Certification. Until we receive
additional information, we are requesting (by copy of this letter) that the
U.S. Army Corps of Engineers and/or the N.C. Division of Coastal management
place your project on administrative hold.
Please provide us with information supporting your position that your
project must be constructed as planned and that you have no practicable
alternative to fill. of these wetlands. Specifically can you construct your
residential development on nearby uplands or wetlands which have been approved
for fill? Any documentation such as maps and narrative which you can supply
to address upland alternatives may be helpful in our review of your 401
Certification. Please be sure to send us a copy of any information sent to
the Corps of Engineers concerning site plans, alternatives or mitigation
plans. Also please inform us of the differences (if any) between this
application and your earlier project (Public Notice dated June 2 1993).
Please respond within two weeks of the date of this letter by sending a copy
of this information to me and one copy to our Mr. Ken Averitte at the
Fayetteville Regional Office at Wachovia Building, Suite 714, Fayetteville,
N.C. 2.8301.
S' c?reLy,
Jo n R. DoY-
Wetlands and Techn_cal Review Group
94311.1_tr
cc: Fayetteville DEM Reqiona] Office
John Parker., Division of Coastal Management
Wilmington Office Corps of Engineers
Central Files
Larry Baldwin; Land Management Group
P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper
jowl 01m sm; 2522
Admaimg Inc, ?YoW% % to 28402
.1d. 919-452-0001
92oAml Y jfttmd
Vat 50 046,411,01n
it `ay Jet
1);A I'k: MARCH 31 , 1999
[ J2lj i;
', APR 81994-
,, . .
Sow ?4
?ourteen` ?tantlc ??fire fae%
3305
r)!%?, t, iYY? 28403
SI).11;C"I': PRELIMINARY A01 W1i;TLANDS 1?VALUAT1,ON' OI,' THF: TOM KF]'I'll
TRACT ('2H.G Aures) FOR NATURAL UPLAND AREAS, EXEMPT
HISTORIC FILL ,ARRAS, 1'F:I?.M I'1"I1:T) F'_I LI, ARF,AS, AND OV1?R,-
Fl LL: NON-PFRMI TIED AREAS. TRACT LOCA'T'ED ON THE NORTH
S I UF, OI,' WHITE I,AK K & SOUTH OF U.S. HW'Y 701/N.C. HWY 4 I ,
BkAI)kN (OUNT1 , NORTH CAROLINA.
TO: MR. SCOT;' vJaLF:NOON Mlt.. I'OM KF;1'I'H
MR. ER.N 1 E JAHNKE R 121 S. COOL SPRING STREET
REGULATORY ICI?,;ANCH FAYE'l TEV I LLE, NC 2S301
ARMY COOPS OF EN(I I NF ER.S [phone]
P.O. BOX 1H90
WILMINGTON, NU 28102-1M90
[phone]
1 LAND ?• SOILS EVALUATION WAS MADE? OF THE TOM KEITH TRACT (- 2H . f;
Ar re!--, ) TO DFTFR.M I NF, CURRENT 104 WI?TLANDS S`T'ATUS, 111 S'I'C)R.l C AND
RECENT FILL ACTT V I T I FS WITHIN 101 WETLAND ARI-;AS, AND I?;XTJ-INT OF
PVRM I TTFD/NON-PERM I ` I TKD FILL A C T I V I T I E S WITHIN 104 WETLAND AREAS.
MIJC II ("OkR.FSPONDENCF; AND DIALOGUI'; HAS BEEN GENERATED AS A HfAULT
OF MIS.. K I ? L ` 1 ' l l ' S L ; F ' I ' O R ' 1 ' S T O IMPROVE H I S Pl?OPI,;Iy',TY FOR, DkVI:hOPMI?NT
PUR.I')SFS. HOPEFULLY THIS REPORT AND CONCURR.FNCFS FROM THE AR.MN'
CORPS CAN ESTABLISH A BASIS TO WORK FROM AS TO 401 WETLAND/UPLANI)
ACPVAGFS AND PAST/PRFSKNT/FUTURE FILL ;NC TI V I'I'I VS.
TII1-; kNCL,OSFD ITEk 1 M I NARY MAP SHOWS OUR 111 RM' S EVALUATION OF THE
TOM I<F;1,1'11 TR,AC,I' AS TO IDA WETLANDS, UPLANDS, HISTORIC Vrkk, AND
I'I?R?i I'I"I'l;l)/NON-P1?l?M 17"I'1?D FILL ARF;AS WITHIN 104 WFTI,ANUS. TIrF
FOIJ,OW I NG ARE DESCRIPTIONS OF TH F: VARIOUS LAND CI-ASST F I CATIONS :
THE "oooooo" AREAS (-1.0 Acres; See Mop) ARF NATURAL UPLANDS THAT
SHOULD NOT BE CLASSI VI NI) AS 101 WETLANDS. I'HFSF: AREAS HAVE NON-
fh l)R.1C SOI L?, OF MANDARIN, C KNTHNARY, AND ITON-DRY PHASE';. THFSE
ARFA:-; IIAVI? BEEN HF,C'F\Tl,V CKF:ARKI) AND SU F\C KS DISTURBED IN Tilk
II ,0('FS', . l'IfI:SI; \11,1-:\S Wl :RF I)kf, I NF: ATM D IN 'I Hl,: h I I',lD W L'I'1I
"L' i Hk/H I nwk-SLri-pPd" FI. AKQ I NC; .
'I'H AREAS ('A.0 \c•vow; Soo Mop) ART? HISTORIC SANDY Flr,1,
TH \T WAS VSTABL I SHVI) PRIOR O 19X5, nVVORF 101 WF'I'I.,ANDS J UP I SD I V-
T TON W \S PXTVNDEO ") TU PSK AREAS. TH VSh :AHK AS WElti F DFT, I NE,A'I'VD IN
THV VIVID WITH "Phil /ijlNuk-St ril,M FLAMWING.
IO^I ITI I I'h, I', II) I- W1-:I IN1)
TI I E " W I I ITF,I ----- " A UI?AS ( 1 . 1 A c r p P ; S r v Mrrl, ) ;ANF H I S10I;TU F11.1
PO ADS \LON(; THE TRACT'S VAST & WEST PFU I MI?'I'kN FNOM t' . S . HW) 701
TO W'l ITF LAKE. 'I'IINSF 1`111, PU;AI)S WERE ESTABLISHED PNION TO 1955,
HFFOI101 h 1-'T],ANUS JUk I SO I ("I' I ON WAS 01{U TO TIII':Sk ARI?AS .
TJII'' RO \I)?-; A\`I''Ii'\GN I H--2V 1''t- I N W I DTH .
'1'111,' "i--U++++" AREAS ( -.-.. (; A(-t-0m; S0 MriI, ) AIk+1 1, 1 1,1,1?'P
PERMITTED ARE AS OVER 101 WETLANDS. THESE ARRAS WEIMF; VI kLkD UNDER
V't'I.1; C OMPI. I ANC'I?, l? I'l H \RM1 NWPt 26 Ph'f,]1) I S('ILAI?GI? NOT I Cl-:
Pl,:R^TI I' DA FH 5/1 7/90. THFOR 10 1 WET LAN DS II \1) kl,1I:N UI?I? INk1) AK
ISOLATED WETLANDS ITS THY ARMY COUPS.
THE "+/+/+/+/" AREAS ( . 5 An rpm ) ; Swr Ann ) ARF RECENTLY F I LLKD
NON-PI,:I MI-'I'1'F;I) AREAS OVER 101 WF;TVAN1)S. THINSK AREAS WERE Flkkl,:i)
IN ERROR AS PART OF THE 5/ 1 7 /90 NWP M PERMIT. CURRENTLY '1 HVSk
\Pl; AS ARF; REI NG RF'STO h: l) RACK I'O 'I IHl I R N?V'11I A1, CONTOUR
T10N:;. AS OF 3/7/9 1 +60% OR TH I S AREA H AD HKKN RESTORED. '1'111,
TOI \I, AMOUNT OF ARF;iV '1'0 RF'STOU1I? WAS KOMKWHAT 1N QUESTION AT THA'I'
PO I NT I'N`I' 1 I, WF; C'Ot I11) 11, \Itl, 1 SII THF; STATt!S ()F TH I S I'I??NCT . '1111,
IlAI,'\NCk 1411:1; HF kI,:S'IO1?+1 1) \P CON FIR^1AT I.ON FROM THE ARM1 CUR Ph.
THE "(Pond)" AURA ( -O.A \wros; S(- M,"P) IS \ H15TORIC MAN-NIA011:
POND WITHIN (THRINNTLY DEFINED 40d WETLANDS. THIS POND WAS WSTAH--
KISIIICU PRIOR. TO 1955, HI',FORE? 101 WJTLANUS JUPT`--,I)IC'ION W'rAS F;X-
T1,:NllF;II III T I I ItiSF: ANFAK . 'I II E,' 11ON I) II \S ;,\('('I, I NJ A'I'J,!D W I °I'II AQU V'1' 1 C
SPECIES AND FUNCTIONS AS 101 WETLANDS ANI) I'll('S WOULD hk I)I?f" I NEI)
AS S1 CH .
T111': nUEAS l ` 1 7 . 1 Aw rpq ; SOP V NIP) \RF; NATURAL, UN I) I S-
I'UNItF'P !OI WF:'T'I„ANI)S. THESE AREAS HAVE HYURI(' SOILS OF IKON-WVT
PHASE, nYNN-HAVMN, CROAT\N, AND PAM1 ICO. PRIMARY HYI)N.IC V1;GETA-
T1V4' IN'UI(';VIORS 1PF I(I,;A('K ITITIO, HLA(K GUM, POND CYPRESS, ITALD
CYPRI?SS, POND PINK, SW'AMI' RED MAPLE, '1'_1'1'1 , I,OI;LOLI,Y HAY, VI;'ITVU-
RUSH, SWEET GALI,HKPHY, ROYAL FERN, AND NETTED Cllr'sIN VVRN. THFST?
\R.E,AS ('0A11,; iiNl)F;I? \RM) " ('OBI'S/I?;l',\/NC'I)1?H NN JUR I SI)1 ('T f ON-, AND RR-
(lUl l,'I: I'I?;Rh11'I'S REI,'OPl,, ANY MASSIVE I)IS'1'UR"ANCII OR FILL ACTIVITIES
ARE I N I T I \TF0. ITF;SE 101 WETLANDS HAVE BEEN PREVIOUSLY DEFINED
AS "ISOLATED" I',Y THY ARMS COUPS,
WE PVWUKS'T' AN ON-S I'I'I? REVIEW' WITH THE ARMY COUPS AT THEIR FARL I --
MS'I' ('ONV KN I F;NC V, I N ORDF R TO (`ONL I HM 10 1 WET LAN I) J U R I SDI CT I UNA1.
L I M I T S , I ? ; ti A M I N f ? ; I;FS'IORATIOti AND CONFIRM Pl,; MITTI?J)/NONi-
PEPM I T I F ; I ) F l l l , T l l I S W i l l , IIOT'T,11,JIL .Y FSIA!IL I SII AN A(;RI,:1,;0
UPON ll?\S I S TO COMI'I,I?:Il,; Tlll,; I NI) I V 11)UAk I( )I
I'lilt 1 I'I' I? I I:I, I.I?;(?UF:` `T'
(('OV ?A( t i 0 ii Jon 199101519) FOR THE PROIVOSI,'l) ' I. l ACR.1-; I„AKIN; ANI)
"1<T \Ckll,;S OF \1)01'1'lONAL FILL FOR 1;1:5l I)}?;?;'I'I X11; I)1?AEI?LOl'MI?^?'1'. AT
THIS MFKT l NG PRUFORMA?\FF U I TPR I A FOR S'\T I SF \("I OUN RI(SP)HAT ION O
NON - Pf, PM I T'I kD 1?'I I,l; APF', A:? \N0 r_1I1, I'IFR I\ 1,0I; Tfl I" I N'1) I \ I UI' \I 101
I'l'A"M I'1' (,\% Rl?? OF'CI OI,:I) 1?11ON .

t y X
I y x
Tom Keith !q., i111 121 S. Cool Spring Street
Fayetteville, NC 28301
& Associates, Inc. FEf; [phone]
BUSINESS & REAL ESTATE APPRAISERS Fax [phone]
rP)V. OF ENV,.'' ""AINT.
Tom J. Keith, MAI, ASA
John H. Ploeger Fred R. Keith, LLD 1970-1988
D. Keith McDonald
Derrieck E. Pool
J. Clayton Mauldin
D. Jeff Allen, MBA Sir r•,Mgr.ua+nu.: ,.,,.:.,,.?...,;,:«?,
Robert W. Dodge January 28, 1994
FEB 4 1994
Mr. A. Preston Howard, Jr. P.E.
PO Box 29535 V
Raleigh,NC 27626-0535
RE DEM # 93518, COE # 199300498
Dear Mr. Howard:
I am in receipt of your letter of October 12, 1993, recommending denial of the above
referred to application.
This appears to be a recommendation or report to the COE and would come under the
Rules of the Board of Registration for Engineers and Land Surveyors as a recommendation
involving your professional opinion and qualification for the protection of the public. The
Rules also require sealing of recommendations.
In light of the above, please submit to me all of the engineering data upon which your
decision was based.
I have also requested a copy of all of my file documentation. I visited your office on two
separate occasions and no one knew where the file was.
I did not appeal this case since your office has a history of never having reversed a denial.
My consultant thought it a waste of time. Mr. Steve Tetter of your office could not cite one
private landowner case that has ever been overturned from a denial to a granting of a
permit.
In talking with Mr. Tetter, I am of the opinion that your and your staff's decision were based
on erroneous information.
hope you understand my concern about this matter since it amounts to a taking of property
worth over one million dollars in value.
Tom Keith

?„ DO
2
-o I (f)
C r
? G
? c
v?
N

vi
n 7)
S x to r-F
? F
? N
v ? ? N T
n ? Jl
J 0
b Z
x ?n
z)
>rE,'I
Lj r?

? r 1
fl 4 I
i,?a!1,1J1
o\ m I
ON ? •r1 a) U
1-1 O>4 O (a r I O cd U)
?N+P N'H (1) ?j N cd
cad O N cd +'
N 4-) ?q U rd q a)
Sri /;dzP ? 4.3r-gCda,
P, ci 0 ? 3 rd CF-I -1 ? 0 i0-I
.N -P zt
r. •rl .-i P,
4-3 -P
H -1 O N UO) .. cd N
Q) •rl O O N a) a) f. O
co 4A P, d f; N
r9 0) 0 U U) •rl H U] N O O O cd fII U
Z Ed 3 O •rl P, o 1 N H o
r4 Cd H (1) (L) Q) m
tloaom-P f4 A'•roiJ ? ?0a)
`I 0 0 ri P, " -N a) H a) \\ ?rl
o --)
+ 0 LN ? o W + a ? ? ?
l l~ -P H m cd o 41 a) O q -1
cd b(D - r-I 4-3 -P
P, +3
g 'd 10.
O a) r-i r1 a +? a)
>4 4-3 4j H Q) -P 9P a) O N
? (1) +3 d "A -1 +? UV) N 9 >
a) P, a) 4H U) > (1) rd b O
W 0 9 C: r-,
N N O -P - U) H a) N U)
o P, •rl ? O 2i N 0 cd ?
Q cd •-1 o w .C •r-Ii o a) -1
U) -P H -N ;j ?r
F? O 0. P, N' +3 a >a r-1
H O 'd N cd O ca a
N s.' r-1
cd ri y ?-• N U) O rI
(1) a) .? a) cd r-I +3 •r1 a)
p ri 'd u N 0 cd -rl +)
(1)
c
m
m
SO! j
? Y
F b7 "?
O C r^
pNp ?
W
W
V

W o
N (_

Oq bd tJ d

X -4 N
P. In
'Z N UT (D
• -?7 N• ?C
nrn0
- OD 0

N 0
Fb
c\
M
C

C
OD 0
00
0 /
J
-Ij? D

IuI
-51
wv r
.ir `med •d oat
1!11!!1

M
y M
?Q yN
? ? 4J
•oo N Z
N
? x r
J ? p O
F ? ?o y

?J

PREL I M I NARY 4 04 WETLANDS MAP OF THE
TOM KE I TH TRACT (---2 S _ 6 Ac
AS TO CURRENT F I 1..L & NON-F I LLED AREAS
WHITE LAKE - BLADEN COUNTY - NORTH CAROLINA
N
SCALE -
-- DISTURBED NATURAL UPLAND AREAS H-0 Acres)
Flagged with "pink/black-striped" ribbon.
tfit
f f + --'PREVIOUS 4/16/92 NWP-#26 FILL (-2.6 Acres).
-I t fi
- NON-PERMITTED FILL IN 404 WETLANDS IN PROCESS OF RESTORATION (-3.3 Acres).
AS OF 4/12/94 -1.5 Acres MORE TO BE RESTORED
OLD HISTORIC (<1985) ROAD FILL. ACTIVITY BEFORE 404 JURISDICTION H-1 Acres).
OLD WOODS ROAD -15 Ft Wide (-0.4 Acres)
- EXISTING MAN-MADE POND
(-0.3 Acres).
- UNDISTURBED 404 WETLANDS (~17.1 Acres).
28.6 Acres Total.
- RESTORED 404 WETLANDS AS OF 4/12/94 H-8 Acres
200 Fc3ct
(Wetland Lines Approx)
MARCH - 1994
(REVISED APRIL 12,

? ?-0. CERT/
vtops soft
Q
c.
01
it ?L ?.?
F. SALO WIN
x:11 MM-IFO PROFESSIONAL
% 1 3011. SC16 MT/ % 4 f
14 CLASSIFIER
P. •
Land Man em?nt G r oula
Inc _
?oaye
E?yS
OLD HISTORIC (<1985) FILL. ACTIVITY BEFORE 404 JURISDICTION.
Flagged with "
pink/black-striped•• ribbon. 3.0
//Acres)

IMPORTANT
TO

DATE
WHILE YOU
M MESSAGE

A.M.
TIME P.M.
WERE OUT
OF
Area Code
& Exchange

Message

Operator
TELEPHONED PLEASE CALL
CALLED TO SEE YOU WILL CALL AGAIN
WANTS TO SEE YOU URGENT
RETURNED YOUR CALL
Nis No. 153